englewood herald 0124
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January 24, 2014 75 centsArapahoe County, Colorado | Volume 93, Issue 49
englewoodherald.net
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Vandalism suspects arrested By Tom Munds [email protected]
Englewood police have identifi ed and arrested three men in their 20s who are suspected of a vandalism spree at Engle-wood High School.
The police arrested Michael Alan Trickel, 23, Anthony Ryan Meany, 25, and Chad Delgadillo, 28, in connection with the Jan. 12 incident at the high school.
The men are suspected of breaking into the school and smashing windows and computers in the STEM lab before
Delgadillo Meany
Trickel
Trio suspected of causing damage at high school
Safety seat team keeps busy Parents, grandparents get advice about using devices By Tom Munds [email protected]
The four-member team had a busy day Jan. 18 as they helped parents and grand-parents make sure their child safety seat was installed properly.
Englewood fi refi ghter John Grimes, a certifi ed safety seat inspector, said it ap-peared the event was needed.
“We have inspected 15 cars in the fi rst two hours and just about all the child safety seats in those cars were not quite installed properly,” he said. “Usually, it was not a big problem with how the seats are installed but the seat works best when it is set up correctly in the vehicle.”
For example, Grimes checked the seat installation in the car owned by Denver res-ident Katie Walsh. He said the installation was almost correct for Walsh’s 9-month-old child except it needed more tilt.
“I didn’t know about the tilt,” Walsh said. “This event is very helpful because, like all parents, I want to keep my child safe.”
State law requires use of a child safety seat for children until their eighth birth-day or until they weigh 40 pounds or more. Most child safety seats can be adjusted as for use as the child grows. However, the seat certifi cation expires six years after
Centnnial resident Lorraine Malskeit, left, asks a question of Englewood Fire� ghter John Grimes as he points out some of the key locations on a child safety seat. Grimes and other certi� ed inspectors helped parents and grand-parents make sure that their child seats were properly installed during a free inspection event held Jan. 18 at John Elway Chevrolet. Photo by Tom Munds
Cleanup, repairs make progress Principal said work would be complete by time students returned By Tom Munds [email protected]
Few reminders of the vandalism dam-age remained Jan. 16 during a tour of the impacted area at Englewood High School.
“The last of the painting is being done and we will soon be moving items back where they belong,” said Jonathan Fore, EHS principal. “It took a little longer than expected to deal with water damage be-cause, since it was all new construction, the goal was to return it to as close to that state as possible. All the work should be done when our students return.”
A trio of vandals broke into the school Jan. 12 and did thousands of dollars in damage in the STEM lab and the band, orchestra and choir rooms and in the au-ditorium. They smashed windows, dam-aged computers and broke trophies. The vandals set fi re in the band room that
Repairs continues on Page 19
Suspects continues on Page 19
Cherrelyn holds science fair Event encourages students to explore new areas By Tom Munds [email protected]
Parents and students moved among the displays as they checked out the projects developed for the Jan. 15 sci-ence fair at Cherrelyn Elementary
School.Tables lined the school’s hall so
there was a spot for each experiment. Each spot included a “story board” that listed the hypothesis, list of materials used, the progress of the experiment and the conclusion derived from the experiment.
“This is an annual event that has been going on for a long time and I just continued it this year,” said fi rst-year science teacher Jessica Tarkanian. “The
fair is for fourth-, fi fth- and sixth-grad-ers. This year, about 100 students took part in the event.”
The teacher said she encouraged students to select a topic that inter-ested them and then take the time to do the necessary research. Some of the projects were complex, while others were fairly simple.
For instance, one project involved
Paola Hercules-Flamenco points to pictures of some of the various phases of her science fair project that turned an egg into a putty-like material. The � fth-grader’s project was on display at the Jan. 15 Cherrelyn Elementary School science fair. Photo by Tom Munds
Safety continues on Page 11
Fair continues on Page 11
2 Englewood Herald January 24, 2014
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of Peer GyntFeaturing soprano Kirsten Kamna
Featuring Colorado’s own 16-year old piano prodigy,
Jiaqi Long and Narrator, David Rutherford
Liszt: Les PreludesRachmaninoff: Rhapsody
on a Theme of PaganiniGrieg: Peer Gynt Suite
16-year old piano prodigy,
The Fantastic Story of Peer Gynt
The Fantastic Story of Peer Gynt
The Fantastic StoryFeaturing soprano Kirsten KamnaFeaturing soprano Kirsten KamnaFeaturing soprano Kirsten Kamna
The Fantastic Story of Peer Gynt
Featuring soprano Kirsten Kamna
Tickets $12-$15 online or at the doorwww.littletonsymphony.org or call 303-771-3090
Littleton United Methodist Church5894 South Datura Street
The Littleton SymphonyThe Littleton Symphony
Tickets $12-$15 online or at the doorTickets $12-$15 online or at the doorTickets $12-$15 online or at the doorTickets $12-$15 online or at the doorTickets $12-$15 online or at the doorTickets $12-$15 online or at the doorTickets $12-$15 online or at the door
Friday, February 7, 2014
7:30pm
Friday, Friday, Friday, Friday, Friday, Friday, Friday, Friday, February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014 February 7, 2014
7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm7:30pm
Friday, February 7, 2014
7:30pm
Featuring Colorado’s own 16-year old piano prodigy,
Jiaqi Long and Narrator, David Rutherford
Featuring Colorado’s own 16-year old piano prodigy,
Jiaqi Long and Narrator,
Featuring Colorado’s own 16-year old piano prodigy,
Jiaqi Long and Narrator,
Featuring Colorado’s own 16-year old piano prodigy,
Jiaqi Long and Narrator, David Rutherford
Liszt:Liszt:Liszt:Liszt:Liszt:Liszt:Liszt: Les PreludesRachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff: Rhapsody
on a Theme of Paganini Rhapsody
on a Theme of Paganini Rhapsody
Grieg: Grieg: Grieg: Grieg: Grieg: Grieg: Grieg: Peer Gynt Suite
Rachmaninoff:Rachmaninoff:Rachmaninoff:Rachmaninoff:on a Theme of Paganini
Rachmaninoff:Rachmaninoff:Liszt: Les Preludes
Rachmaninoff: Rhapsody on a Theme of Paganini
Grieg: Peer Gynt Suite
Here’s to living life to ‘The Max’ Topher Barber climbed the tall, alu-
minum ladder, stopping just even with the old, wooden sailboat hanging upside down from the ceiling. He carefully drilled the framed picture of his dad — also up-side down — to the center of the stern.
A friend handed him a bottle of cham-pagne and Topher tapped the boat, pour-ing a little onto the rim. “We now christen thee,” he said, “the S.S. Max Barber.”
The small gathering of people below him raised their glasses and cheered. “He would like that,” one man said, nodding assuredly as he walked away.
The tribute, sealed as dusk darkened the wintry mountain lake outside the restaurant windows, refl ected the man whose gargantuan and colorful presence was notably absent.
“Upside down is perfect,” said Dan Sherwood, Topher’s longtime friend, as he sat at the bar, under the sailboat. “Max was a kind of renegade who didn’t conform to much. So why conform to gravity?”
Max Barber died unexpectedly Dec. 17 from an aneurysm that occurred while he was driving. He was 68. A successful contractor and owner of the popular Max Gill and Grill on South Gaylord Street in Denver, he also received national recogni-tion in 1991 when he saved two people who fell through thin ice on Grand Lake.
But to Topher, he was so much more. He was an exuberant, energizing force who grabbed tight to life and made it an exhilarating ride.
“He never let a blade of grass grow beneath his feet,” Topher said, pausing, looking at the beer in his hand. “He’s my dad and he was my best friend ... It’s going to be hard without him.”
Although Max had homes in Denver, Florida and France, the cabin he built with his hands in the mid-1980s in Grand Lake — on the water nestled between historic Lemon Lodge and the Grand Lake Yacht Club at the end of the town’s main street — was his favorite.
On the shores of the state’s larg-est natural lake, the town counted 447 residents in the 2000 census. Its one main road veers off Highway 34, just before the western entrance to Rocky Mountain National Park, and leads through a short, straight stretch of western-style buildings that have remained largely unchanged for years.
“This is his home,” Topher said. “He loved being near the water, being in a small town. He loved that this town is a dead end. It was the end of the road.”
It was Topher’s most consistent home, too.
“I love this place,” he said. “Both me and my brother met our wives up here. My life wouldn’t be the same without Grand Lake. We wouldn’t be who we are without this place.”
Growing up, Topher and his brothers Tyler and Todd spent every summer at the lake. Topher and Tyler worked at Pancho and Lefty’s, the eatery popular with locals and weekenders that’s just a one-minute-walk from the cabin. They learned how to sail — Topher even taught sailing at the yacht club.
Max bought them a boat and they often competed in the annual weeklong regatta — but never won. “ ... we were always at the back of the pack and that always bummed him out,” Topher said.
Last summer, two days before the regatta, Topher decided to compete when a friend who is an accomplished sailor offered to crew. Midway through the week,
Max left for an already planned vacation in Michigan. Topher was tied for fi rst; Max eagerly awaited his daily updates.
“It came down to the last race and we had to fi nish fi rst — and we did,” Topher said. “I could hear the pride in his voice and knew he had tears in his eyes.”
In late October, after returning from a month in France, Max headed to Grand Lake to winterize the cabin. Topher went with him. They blew out the sprinklers, cut fi rewood, hung out.
“Just me and him,” Topher said. “It was perfect. I have no regrets about how our relationship ended. ... We told each other how we felt about each other — we loved each other.”
On Jan. 10, Topher, who lives in Broom-fi eld, decided to check on the cabin, make sure the heat was working, that pipes hadn’t frozen — and meet up with some friends to share a few stories and laughs.
On the passenger seat of his Subaru, he placed a ceramic cowboy boot with a lasso around its heel — the urn holding some of his dad’s ashes, which also include the remains of a December Wall Street Jour-nal, his favorite paper; his red, alma mater Cornell cap; a favorite Hemingway coozie; and the photo of his three sons when they were just boys, wearing cowboy hats, which he always kept in his wallet.
Topher also brought a framed picture of a grinning Max, wearing a tropical shirt and white captain’s hat and holding a beer next to his cheek.
A winter storm swirled gusting snow, creating moments of white-out as he slowly drove Berthoud Pass, reminiscent of the fi rst time he, his brothers and Max had driven to Grand Lake.
“Pop,” Topher said, “we aren’t turning around, are we?”
At the cabin, he set the boot and pic-ture on the dining room table, grabbed two beers — the one for Max snug in another Hemingway coozie — and tuned the CD player to Alabama’s “Mountain
Music,” his dad’s favorite and the cabin’s theme song.
Then he talked to Max.And he cried.The next afternoon, Topher strolled
into Pancho and Lefty’s and settled at the bar to talk with friends in the familiar eclectic atmosphere where 1,500 beer cans — all one-of-a-kind — line shelves along the walls. Also on the walls are photos of several longtime locals who have died. Hanging from the ceiling are a chair lift, a kayak, and a dummy of a man with a se-rape sleeping in a hammock, a margarita glass in his hand.
And the old, wooden sailboat.That’s when it hit.“ ... to make that boat his — The Max,”
Topher said. “He’s in the bar area look-ing out on the lake. It just makes so much sense.”
In mid-February, a celebration of life for Max will be held at his Denver restau-rant. Those who come should wear happy colors. No black. No tears.
Because Max wouldn’t want crying, Topher said.
He loved life too much.Topher tells this story about the Grand
Lake cabin:“We’re known for staying up way too
late there and having Lemon Lodge rent-ers yell at us. One day, a couple of Lemon Lodge renters come up and say they’re try-ing to go to bed ... and how much longer will you guys be staying up?”
Max glanced at his watch, then looked up.
“We’ve been partying for 23 years here,” he said, “and think we’ve got 23 more to go.”
Cheers.
Ann Macari Healey’s column about people, places and issues of everyday life appears every other week. She can be reached at [email protected] or 303-566-4110.
Englewood Herald 3 January 24, 2014
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University of Colorado Hospital is excited to bring you a helpful and informative seminar series at the Lone Tree Health Center. Get your questions answered and learn more about your health from the University of Colorado School of Medicine physicians, right here in your neighborhood.
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4 Englewood Herald January 24, 2014
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Pot food stamp bill killed Measure sought to prohibit public assistance cash card use By Vic Vela [email protected]
A bill that would have prohibited welfare recipients from using public assistance cash cards at marijuana stores and strip clubs died in a legislative committee on Jan. 15.
The bill’s sponsor, Sen. Vicki Marble, R-Fort Collins, ar-gued unsuccessfully that allowing electronic benefi t trans-fer cards — which act as debit cards for people on public assistance — to be used at ATMs that are inside pot shops and adult entertainment places begs for federal prosecu-torial intervention.
But Democrats on the Senate’s State, Veterans and Mili-tary Affairs Committee cited testimony from bill oppo-nents who said the bill was unnecessary and addresses a
problem that doesn’t exist.The bill died in the Democrat-led committee, following
a 3-2 party line vote.Marble told committee members that federal law re-
quires that the state take measures to prevent public assis-tance recipients from using their EBT cards inside places like liquor stores, gambling establishments and adult en-tertainment businesses.
As for use inside pot shops, Marble said that voters sup-ported 2012’s Amendment 64 — which legalized pot sales in Colorado — with the intention of pot being regulated the same way as alcohol. The federal government frowns on EBT cards being used inside places that sell booze.
Without regulation addressing this issue, Marble — who was a member of last year’s Amendment 64 Legisla-tive Task Force — said that pot shop owners could end up getting a visit from a federal agent.
“I have a feeling we’re going to be seeing trouble that we’re not ready to deal with,” Marble said, referring to fed-eral cash seizures at pot stores. “We’re setting these newly established marijuana stores up to fail.”
Sen. Bernie Herpin, R-Colorado Springs, supported Marble’s effort, saying that he doesn’t believe that public funds should be used to access marijuana.
“I just don’t understand — people who are using their
food stamp money to buy marijuana — why we should be making it easier for them,” he said.
But bill opponents and Democratic committee mem-bers said those fears are overblown.
“I’m not aware of widespread misuse,” said Terry Scan-lon of the Center for Children’s Law and Policy. “This is an unnecessary burden to put on the benefi ciaries.”
Other arguments against the bill had to do with lack of ATM access for public assistance recipients. Sen. Irene Aguilar, D-Denver, said that she believes the federal gov-ernment’s intent is to ensure that public assistance recipi-ents have access to ATMs, before the state does anything to restrict their use.
Democratic senators shared narratives about elderly and disabled persons having to go out of their way to fi nd ATMs. In some cases, the closest neighborhood cash dis-pensaries are found inside liquor stores, or pot shops, they said.
Those persons are not using public assistance to buy pot; they’re just trying to get cash to get on the bus, bill opponents said.
“If you’ve ever known anyone who has been on cash assistance, like I have, it’s not something you abuse,” said Sen. Jessie Ulibarri, D-Commerce City.
Bill would allow married gays to � le taxes jointly Legislation comes on heels of Supreme Court decision By Vic Vela [email protected]
A bill that would allow married gay couples living in Colorado to fi le joint state tax returns is on its way to a vote in the state Senate, after it passed a leg-islative committee on Jan. 14.
However, Senate Bill 19 applies only to married couples, not those who are involved in a civil union, which be-came legal in Colorado last year.
Senate Bill 19 requires that gay couples who married out of state or in another country, and who now reside here, fi le their state taxes the same as they do at the federal level, either through joint or individual returns.
That’s regardless of the fact that Colorado does not recognize same-sex marriage.
Sen. Pat Steadman, D-Denver, a bill sponsor, told the Senate Finance Com-mittee that the bill aims to do away with confusion on the part of legally married gay couples who can fi le joint tax returns federally, but were not able to do the same at the state level.
“The reason I’ve introduced this bill is because we have confusing issues in the statute,” Steadman told the com-mittee.
Steadman’s bill passed the commit-tee, following a 3-2 party line vote.
The bill comes on the heels of a July
Supreme Court decision that struck down much of the Defense of Marriage Act. Since then, the Internal Revenue Service has ruled that legally married same-sex couples are also considered married for federal tax purposes.
The federal ruling applies to all gay couples who are in legally recognized marriages, even if they reside in states like Colorado, which has a constitu-tional ban against gay marriage on its books.
So if a gay couple gets married in New York, then moves to Colorado, they can fi le joint state returns here.
However, the IRS is clear that only legally married gay couples can fi le joint returns.
“The revenue department ruling expressly says they are not recogniz-ing civil unions, or other domestic partnerships,” Steadman said. “This is purely a matter of who is married.”
Even though the legislation would not affect couples involved in civil unions, the bill would make changes to an area of last year’s law that cre-ated civil unions in Colorado. The civil unions statute does not allow for joint tax fi ling.
“That’s because it was not possible for same-sex couples to fi le feder-ally (when the civil unions bill became law),” Steadman said afterward. “It did not allow for linkage for state taxes. And that was absolutely accurate when it was written. But the whole world has turned on its head since then.”
The bill also makes language in Colorado income tax statutes gender neutral. It replaces “husband, or wife
or both” with “two taxpayers.” And it replaces “spouse” with “taxpayer.”
The bill cleared the Finance Com-mittee, with Democratic Sens. Mike Johnston of Denver, Andy Kerr of Lake-wood and Jessie Ulibarri of Commerce City voting yes.
Republican Sens. Owen Hill of Col-orado Springs and Kevin Grantham of Canon City voted against moving the bill forward.
Michael Norton of the Alliance Defending Freedom, a conservative group that is opposed to gay marriage, called the bill a “subterfuge,” which provides an end-run around the state’s gay marriage ban.
“The people of Colorado have de-cided what the policy of the state of Colorado as it pertains to marriage,” Norton said.
The bill would benefi t couples like Lauren Fortmiller and Pamela Thiele of Lakewood, who married in Califor-nia in 2008. Fortmiller told the com-mittee that prior to the Supreme Court decision, they, like all gay couples, could only fi le federal taxes separately.
“It was always painful, year after year, to check that box saying we were single when we are not,” Fortmiller said.
Thiele concurred with her partner’s sentiment.
“After all the 45 years we have worked for equality and justice, af-ter all the sadness and anxiety, being asked this year, fi nally, honestly and openly, to check the ‘married fi ling jointly’ box on a Colorado state form will be a thrill,” Thiele said.
HAVE A LEGISLATIVE QUESTION?Email Colorado Community Media Legislative Reporter Vic Vela at [email protected] or call
303-566-4132.
Englewood Herald 5 January 24, 2014
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RTD PUBLIC MEETINGSProposed Service Changes
for May 11, 2014
Regional Transportation Districtrtd-denver.com | 303.299.6000
RTD has scheduled public meetings to discuss service changes proposed for May 11, 2014.
We want your input. Please plan to attend a public meeting.
For complete details on these changes, see the Proposed May 2014 Service Changes brochure on buses, light rail, and at RTD transit stations or visit rtd-denver.com.
Note: Attendance at public meetings is not required to comment. You may also fax your comments to 303.299.2227 or email [email protected] no later than February 6, 2014.
Denver RTD Administrative Offices 1600 Blake Street
Wednesday, January 29, 2014 Noon & 6:00 p.m.
Doty named chair of county commissionersHolen will serve as chair pro tem for Arapahoe boardStaff report
Arapahoe County Commissioner Nancy A. Doty has been named chair of the Board of County Commissioners for 2014.
Commissioner Bill Holen will serve as chair pro tem and Commissioner Nancy Jackson will serve as finance officer.
Each year, the commissioners select of-ficers to oversee the Board.
The most recent appointments, which were made during the board’s Jan. 14 pub-lic meeting, are effective until Jan. 13, 2015.
Doty represents Arapahoe County’s Dis-trict 1, which includes the communities of Bow Mar, Cherry Hills Village, Columbine
Valley, Englewood, Littleton, Sheridan, portions of Centennial and unincorporat-ed north Arapahoe County.
She is serving her first term as county commissioner and was chair pro tem
in 2013. Previously, she served nearly nine years as Arapahoe County Clerk and Recorder.
“It is an honor to serve as chair of the Board of County Commissioners during the coming year,” Doty said. “I look forward to working with our elect-ed officials, municipalities
and special districts throughout Arapahoe County as we work in partnership to focus on the challenges we are facing in 2014.”
As commissioner, Doty said her goals for 2014 include “serving as a guardian for
taxpayer assets and ensuring the county remains fiscally sound; continuing to en-courage economic development and job growth by working with municipalities, chambers of commerce and economic de-velopment organizations; and working to preserve and protect Arapahoe County’s Open Space assets, including a new facility at the County Fairgrounds.”
Holen, who represents District 5, which includes Glendale and portions of Aurora, is serving his first term as commissioner and was the Board’s finance officer in 2013.
Holen, appointed commissioner in 2012 to finish the term of former Commis-sioner Frank Weddig, who retired in Janu-ary 2012, was elected to his first term in November 2012.
While services for veterans will be an on-going focus, Holen said he also will contin-ue the work that began in 2013 to address
the growing problem of prescription drug addiction. He also said he wants to ensure the county remains fiscally strong; to con-tinue to work with cities, towns and special districts to promote the taxpayer-support-ed Open Space program; and to improve the Arapahoe County Fairgrounds, which includes building a new wing to the main events center.
“I’m honored by the confidence shown by my fellow commissioners and will strive to assist in dealing with the variety of con-cerns of the citizens of Arapahoe County,” Holen said.
In addition to Doty, Holen and Jackson, the remaining members of the Board in-clude Commissioner Nancy Sharpe, who is serving her first term representing District 2 and Commissioner Rod Bockenfeld, who is serving his third term representing Dis-trict 3.
Doty
HAVE A STORY IDEA?Email Englewood Community Editor Tom Munds at [email protected] or
call 303-566-4108.
news in a hurryKindergarten fair scheduled
There will be an opportunity for par-ents of preschool students thinking about enrolling their child in kindergarten for the 2014-15 school year to meet school principals and ask questions about what different schools offer.
A “Kindergarten Fair” is being held from 5 to 6 p.m. Jan. 29 at the Early Child-hood Education Center, 700 W. Mansfield Ave. in Englewood. Each of Englewood’s four elementary schools provides full-day kindergarten and all four schools are enrolling students for kindergarten for the coming year. Childcare will be available at the event.
Sheridan to get new libraryThe Arapahoe Library District recently
began construction on a new Sheridan Li-brary to provide broader library service to the community. The new library, expected to open later this summer, will be located at 3425 W. Oxford Avenue in Sheridan. The current Sheridan Library, located at 3201 W. Oxford Avenue within the Sheridan
High School, has served the community since 1972.
Historical society meeting setThe Englewood Historical Preservation
Society will meet at 3 p.m. Jan. 31 in the Englewood Public Library located on the first floor of the Englewood Civic Center at 1000 Englewood Parkway.
The guest speaker is amateur historian Ida May Nicholl. She will talk about her hobby of digging around gold camps look-ing for antique bottles.
Charles Hay World School recognizedThe Colorado Governor’s Office recent-
ly recognized Charles Hay World School for its creative use of technology. The school used a video conferencing unit so staff and students could take virtual field trips around the world, correspond with sister schools in Africa, and receive robot-ics instruction from graduate students at The University of Colorado, Colorado Springs.
Veterans Memorial plans take shapeEnglewood High School project underwayBy Tom [email protected]
Organizer Kay Howard said efforts are moving, albeit slowly, in the effort to place a memorial at Englewood High School to honor all Pirates who served in the military.
The proposal is to place a pentagon-shaped stone with engraved emblems of the five service branches as the center-piece. The memorial and the installation are expected to cost about $40,000.
As part of the project, there will be an area of about 500 square feet around the memorial that will be covered with roughly 150 stone pavers that are being purchased by individuals in memory of a family mem-
ber or an organization honoring EHS vet-erans. Howard said she already has orders for about 50 pavers and that they will cut orders off in late May with plans set for a November installation.
The idea of creating a memorial to hon-or all Englewood High students who served in the military was first discussed in 2009 during the 50th reunion of the EHS Class of 1959. Howard, a graduate of the class, be-gan to spearhead the project last year.
“We first talked about placing a memo-rial bench in the school,” she said. “But, after some further discussion the idea evolved into the proposal to place the memorial near the flagpole in front of the school.”
The Englewood High School Military Memorial group has received nonprofit status, so donations are tax-deductible. For more information, including purchasing a paver, go to Facebook and search “Engle-wood High School Military Memorial.”
6 Englewood Herald January 24, 2014
6
Calendar of Events For a complete calendar of South Metro Denver Chamber events or more information, visit our web site at www.bestchamber.com or call 303-795-0142.
Thursday, January 23rd:Women in Leadership Board Meeting Chamber Conference Center, 2154 E. Commons Ave., CentennialRockPile Energy Services presents: Frac 101Chamber Conference Center, 2154 E. Commons Ave., CentennialGrand Opening & Ribbon Cutting Celebration for Home Care Assistance8200 S. Quebec St., Ste A-5, CentennialKey Bank presents: Protecting Against Identity Fraud and ScamsChamber Conference Center, 2154 E. Commons Ave., Centennial
Friday, January 24th:Why MS Word is Driving You Crazy and How to Fix ItMission Critical Systems, 7384 S. Dalton Way, Ste 201, CentennialPresident’s Leadership Forum: Melanie Worley, CEO - Developmental PathwaysChamber Conference Center, 2154 E. Commons Ave., CentennialChamber Unplugged hosted by Developmental PathwaysChamber Conference Center, 2154 E. Commons Ave., Centennial
Monday, January 27th:Grand Opening & Ribbon Cutting Celebration for The Joint...the Chiropractic Place7537 S. University Blvd., Centennial
Tuesday, January 28th:Business Bible StudyChamber Conference Center, 2154 E. Commons Ave., CentennialInternational Business Development Task Force Board of AdvisorsChamber Conference Center, 2154 E. Commons Ave., Centennial
Wednesday, January 29th:Grand Opening & Ribbon Cutting Celebration for Elements Therapeutic Massage2330 E. Arapahoe Rd., #903, CentennialRecovery Arrives on Main StreetInfinity Park Event Center, 4400 E. Kentucky Ave., Glendale
Thursday, January 30th:Oil & Gas Panel Discussion hosted by Club 20Colorado Capitol Building, 200 E. Colfax Ave., Denver
Friday, January 31th:Chamber Ambassadors MeetingChamber Conference Center, 2154 E. Commons Ave., Centennial
Chamber Web Site Revamped
Owner Iris Lozano was joined by parents, future engineers and scientists, and fellow Chamber Investors to cut the ribbon at the grand opening of Engineering for Kids on Friday, January 10th. The Science, Technology, Engineering & Math (STEM) centered center engages students from 4 to 14 in STEM related studies such as aerospace, mechanical, robotic, and electronic experiences. The new center is located in the Streets at SouthGlenn. www.engineeringforkids.net
The South Metro Denver Chamber is proud to unveil its newly designed web site. Completely redesigned from the ground up, the site features a sleek, easy to navigate format presenting the Chamber’s brand promise of Remarkable Relationships and a Thriving Community. Using unique tab headings, the site invites viewers to explore different areas they want more information about: “Get Wise” reveals facts about the Chamber, its events & areas of interest; “Talent” gives directories of Inves-tors, staff and board members; “Trending “ features blog posts by Chamber staff, featured Investor companies, and Investor news & stories; and area information and maps for South Metro Denver area visitors and relocation can be found under “Quest”. Chamber President and CEO, John Brackney was a driving force behind the new design. “The South Metro Denver Chamber has culturally always been different, from our tagline 2 decades ago ‘Not your ordinary Chamber’, to last decade’s ‘Leadership in Motion’ to our current tag-line ‘Remarkable Relationships and a Thriving Community’. Our new website reflects our tradition of collaboration, empowerment, transformation and celebration all leading to a single word commitment to you: Prosper. “ Continually revolving header images illustrate the Chamber’s wide-ranging areas of interest and a video block gives the viewer a quick uncon-ventional look at the Chamber’s philosophy. Scroll down the page and the Chamber gives a shout-out to featured companies and leaders who help our community prosper. Two months of upcoming Chamber events are also posted on the homepage with easy online access to more information and RSVP links for any Chamber event. And at the bottom of the home page, a map of South Metro Denver showing the Chamber’s location as well as its premiere Inves-tors. The addition of the ability to post and respond to blogs was of major importance in the design of the new site. Putting ideas and issues out to the public and being able to get responses compliments the Chamber’s core values of collaboration, empowerment, transformation and celebration. All posts are categorized and searchable so interested parties can find posts going back as far as two years ago. Chamber Director of Economic Development Jeff Holwell is excited at the prospects of blogging for the Chamber. “The ability to share our thoughts regarding current business themes and get feedback strengthens our potential for creating a strong business climate. We look forward to gaining valuable insights into our business community and nurturing a stream of communication to help businesses grow.” Another useful addition to the site are the mobile capabilities it provides. It’s responsive design allows the site to contract or expand depending on the size of the viewing screen. From full-size computer screens, to tablets, to viewing on your smart phone, the site is fully functional. When viewed on a smart phone, a unique “Mobile Service Directory” powered by LokalMotion is available which gives the option to view nearby Chamber Investors and
locate them easily on a map with directions if needed. Investors can also post specials available to mobile viewers. The site has been in the planning stages for two years with the design and implementation beginning in July of 2013. Denver’s premiere web site design and marketing company, Webolutions, took on the challenge of integrating all of the Chamber’s many facets into the design with excep-tional results. Mike Hanbery, Webolutions Director of New Media Strategies had this to say about the new site. “The South Metro Denver Chamber’s new website provides an individually customizable user experience and reinforces the organization’s brand as an innovator in using technology to build business relationships. We’re pleased with the website’s design and functionality and we look forward to celebrating additional achievements with them for years to come.” The Chamber’s web site can be viewed at www.BestChamber.com.
Engineering for Kids
Justice Center showcases improvementsWalkway makes security more efficientBy Jennifer [email protected]
Bitter cold winds whipped the flags fly-ing for the first time over some major im-provements at the Arapahoe County Jus-tice Center Jan. 16.
“I’m cold,” Arapahoe County Under-sheriff Dave Walcher told the few dozen dignitaries hearty enough to gather for the ribbon-cutting ceremony, who were all in agreement. “I don’t know why we’re not go-ing inside this building right here.”
He gestured toward the brand-new walkway that connects the two buildings that comprise the justice center, now serv-ing as a single security entrance to both.
It’s a feature that’s welcomed by anyone who visits the facility in Centennial on a regular basis. To get to the main court-house, one previously had to walk up a graded path to the main door, out of which often stretched a long line to get through security. If you happened to enter the wrong building, you’d have to repeat the process in the other building.
“You’d see mothers with small chil-dren and seniors in wheelchairs sitting out in the cold,” said Judge Charles Pratt.
“The moods of people when they get to our courtrooms are going to be much bet-ter when they get there. They’re already grumpy enough to be there.”
County officials began studying ways to make the entire complex, which includes the county jail, more efficient in 2005, with the goal of not raising taxes. A study con-cluded it would take $500 million to do ev-erything they wanted.
“Instead of moving forward, Arapahoe County took a step back to determine if there were other ways in which to address the courts’ space needs,” said County Commissioner Nancy Doty.
The entire project was initially expected to cost $193 million, but it was pared down to $27 million. Other completed improve-ments include 10 new courtrooms, a new jury room, moving the district attorney’s office to another location, converting of-fice space to another six courtrooms, add-ing 176 parking spaces and an elevator.
Yet to come are another courtroom and relocating the probation department to the county’s Lima Plaza Campus.
Walcher noted that in addition to the 280 employees who work there every day, 45,000 people a month are screened into the buildings. That number goes up when there’s a high-profile case, of which Arapa-hoe County has had more than its share of late. Alleged Aurora movie theater shooter James Holmes’ case is being heard there, as
is Austin Sigg’s, accused of killing 10-year-old Jessica Ridgeway.
“We live in different times now,” said Walcher.
Pratt also noted that the population of the county has increased over the years, necessitating expansion of the facility. But another alternative for reducing the stress on the complex that has been kicked
around for years is again under consider-ation, as Aurora looks at becoming its own county like Broomfield and Denver.
A study released in October 2013 found that while Aurora accounts for 48 percent of the county’s population, its inmates ac-count for 40 percent of the jail’s average daily population and 64 percent of the county’s social-services recipients.
Arapahoe County officials cut the ribbon on the new walkway at the Arapahoe County Justice Center Jan. 16. Photo by Jennifer Smith
Englewood Herald 7 January 24, 2014
7
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Water purification process dedicatedEnglewood’s ultraviolet system improves water treatment processBy Tom [email protected]
Englewood invited city officials and guests to the Jan. 15 dedication of the ultra-violet system now part of the purification process at the Alan Water Treatment Plant.
“The installation of the ultraviolet sys-tem adds a process to our water purifica-tion process in order for our plant to meet all federal and state regulations,” Stu Fon-da, utilities director, said at the dedication.
It was explained that UV replaces chlo-rine as the plants primary disinfection pro-cess. The new system, used in conjunction with the plant’s current filtration system, provides two effective treatment barriers to waterborne microorganisms.
The Alan Water Treatment plant is more than 60 years old and is a facility that can transform 28 million gallons of raw water a day into 28 million gallons of safe drinking water for Englewood residents.
Fonda said that in 1980 the plant’s ag-ing underground water storage tank — or clearwell — collapsed.
“Over the years, we have repaired and rebuilt most of that 1959 clearwell except this area where the UV system was in-stalled,” he said. “As it worked out, this area was available and installing the UV system here makes it a gravity-flow system so no pumps are needed for this purification
process.”Tom Brennan, utility engineer, said it
took 13 months to install the UV system. The system was brought online in early November and the test results met or ex-ceeded all state and federal standards.
He said the system consists of three
ultraviolet “trains.” Each train consists of a pipe that is 24 inches in diameter that has three UV tube-shaped bulbs inside a protective tube, which allows the UV light to disinfect the water flowing through the pipe.
Fonda said that the UV project cost about $4 million and included demolition of an old unused part of the underground storage tank, constructing a room for in-stallation of the three UV trains and up-grading the electrical system. He stressed that all the work was done without inter-rupting plant operations.
Jason Clark, water production supervi-sor, said that the UV is an additional wa-ter treatment process and that the new process is complicated and it took time to train all the operators on the process. At the dedication, Clark showed some of the visitors the extensive monitoring system for that process.
“This system tells us how much wattage the UV bulbs are using and a lot of other information about the technical operation of the process,” he said. “Each UV train has three bulbs and we rotate the trains so each train is used equally. The bulbs have an estimated life of 5,000 hours and we can replace all nine bulbs for about $15,000.”
Fonda said the fact the plant staff did much of the inspections and project man-agements in-house saved the city about $200,000.
Water Production Manager Jason Clark, right, answers questions about the newly-installed ultraviolet water purifica-tion system at Englewood’s Alan Water Treatment Plant. The system was up and running in November and the test of the process showed that the filtered water meets or exceeds state and federal standards. Photo by Tom Munds
Academy receives 11th Irwin awardEnglewood Leadership Academy receives state honor yet againBy Tom [email protected]
The Jan. 14 Englewood School Board Meeting included a presentation of the John Irwin School of Excellence Award to Englewood Leadership Academy, marking the 11th time the academy has received the award.
The John Irwin School of Excellence Award is presented to schools that demon-strate excellent academic achievement be-cause the schools exceed expectations on a three-year performance framework used by the state to evaluate schools.
At the Colorado Department of Educa-tion, Lynn Bamberry explained the data division evaluates state proficiency test re-sults and the awards for academic achieve-ment is presented to about 8 percent of the schools in the state. This year, 178 schools received the John Irwin Award.
“The academy has been in existence for 14 years and, over those 14 years the model has changed from a four-day a week pro-gram located away from other schools to a five-day a week school at the high school,”
said Jonathan Fore, principal. “The school population has changed somewhat but the academy continues to earn the Irwin award, identifying them as being in the top 5 percent of middle schools in the state.
The Englewood Leadership Academy opened in the fall of 2000 to provide an ed-ucation choice for middle school students.
The first year, there were two teachers and 25 students in three classrooms. The program originally was in rooms in the now-demolished Lowell Annex.
In 2009, ELA moved to a wing of Engle-wood High School. The ELA classrooms are now located in the newly constructed north wing along with high school classes while work continues on construction of a seventh- through 12th grade campus on the EHS site. Construction is scheduled to be completed by the end of the year and, at that time, high school classes will move into the new buildings and Englewood Middle School classes will move into the north wing. ELA will remain in its current north wing location.
Eve Brady, lead teacher, has been with ELA since its founding.
“I believe the biggest change I have seen is we finally feel we have a home, a space that is ours,” she said. “We have 65 stu-dents in three grades here and I think we are about the ideal size for our academy. We teach at a high academic standard and admit students who are willing to achieve those goals. I believe that is why we consis-
tently receive the state award.”Emma Hubbard, an ELA student, said
the academy is a good fit for her.“I live in Englewood but went to el-
ementary school in Jefferson County,” she said. “My dad suggested the academy and I was a little afraid at first. But it is a great school. I like the facts the classes are small and every student is here to learn.”
Fellow student Abe Stokes said he was bored in elementary school because he was academically ahead of his class.
“I am here and I found it challenging,” he said with a smile. “I found, if I wanted good grades, I would have to work for them. Some subjects like vocabulary are hard and challenging but I am learning and it is fun.”
Englewood Leadership Academy teacher Eve Brady explains to students how she would like to see the pages done for the yearbook. Brady, the academy’s lead teacher, has been with the school since it was formed 14 years ago and said the focus on creative learning and excellence has helped ELA win the John Irwin School of Excellence Award from the state 11 times. Photo by Tom Munds
Transportation tax won’t make ballotRecent polls show voters aren’t ready to approve sales taxBy Jane [email protected]
A proposed statewide transportation tax won’t appear on the November ballot this year after a recent poll showed voters are unlikely to approve it.
That doesn’t mean the tax is shelved permanently or that the MPACT 64 group — which represents all 64 Colorado coun-ties — created to study statewide transit solutions will stop its work, however.
“These issues are not going away,” said Lone Tree Mayor Jim Gunning, MPACT 64 chairman. “If there’s no funding for them today, there’s no funding for them tomor-row. So the project list just gets bigger.”
Locally, the money would have helped fund the expansion of C-470 and the south-east light rail extension from Lincoln Ave-nue to RidgeGate Parkway. In other parts of
the state, it was targeted for the northwest light rail line from Denver to Longmont.
Members of MPACT 64 hoped to put a 0.7 percent sales tax on the ballot this fall. Money raised through the tax would help fill a $772 million gap in the Colorado De-partment of Transportation’s annual bud-get. State leaders spent 18 months ponder-ing ways to bridge that funding shortfall, and while initial surveys showed a sales tax had the best chance of gaining support, a December poll said the timing isn’t right.
Respondents “didn’t see the proposed tax as onerous, but they don’t feel this is a good time to raise taxes in Colorado,” Gun-ning said. “In spite of the fact they’re un-willing to back it right now, they strongly endorsed transportation as a part of keep-ing Colorado’s economy strong.”
That endorsement and other poll re-sults suggest that someday, a transporta-tion tax might pass. Colorado today relies on fuel taxes and license fees for construc-tion and maintenance of its transportation infrastructure. The fuel tax hasn’t increased since 1991 and as cars grow more fuel effi-
cient, gas tax revenues have shrunk.Meanwhile, both the state’s population
and the annual vehicle travel miles have jumped more than 50 percent.
Poll respondents support MPACT 64’s contention that transportation funds should be distributed to both urban and rural areas of the state, and be used to ex-pand public transit options and safety.
“They were also very supportive of local influence over project selection,” Gunning
said. “Again, we were very happy about that. That was one of the premises that we spent a lot of time working on with CDOT.”
MPACT 64 members will meet again in March to further analyze December’s poll results and plan for the future.
“We made a big step forward just by bringing together a statewide coalition,” Gunning said. “In my view, the next step is to talk about how we engage the voters in this discussion now.”
8 Englewood Herald January 24, 2014
8-Opinion
opinions / yours and ours
Time for major immigration reformColorado is home to roughly half a mil-
lion immigrants, about a third of whom are undocumented, according to a report by the Center for Immigration Studies. More than 11 million undocumented immigrants are estimated to be in the United States.
In Colorado and across the nation, industries like farming and construction rely on the labor provided by workers who are not in the country legally. To that end, the way of life enjoyed by so many Americans is dependent upon them.
The system, however, under which these immigrants work, live and learn is broken. Few would argue against that point. But what’s to be done?
Spearheaded by a bipartisan “Gang of Eight” — which included Sen. Michael Bennet, of Colorado — a comprehensive immigration-reform measure passed, with support from a number of Republicans, through the Democrat-controlled U.S. Sen-ate last June. The bill, S. 744, went nowhere in the House, though.
Early signs are that the Republican-controlled House has no plans to take up a single comprehensive bill this year either, but will instead address immigration in a
piecemeal fashion of multiple measures.It is encouraging that the House plans to
address this critical issue, and in fact, there are reports that Speaker John Boehner aims to unveil the principles of the plan before the end of the month. But as they forge ahead with a plan of their own, we urge House leaders to embrace the primary tenets of the Senate-passed measure.
For one thing, S. 744 is good for busi-ness. A letter sent to the Senate last June in support of the bill was signed by myriad business organizations, including the Denver Metro, South Metro Denver and U.S. chambers of commerce.
In part, the letter said:“America’s current immigration system
is broken and does not meet the needs of our citizens or businesses. Improvements to our nation’s immigration policies are long overdue and are essential to continued economic growth. We especially applaud
the efforts of the bipartisan `Gang of 8’ for their leadership on this issue and commend the entire Senate for your hard work on this difficult and controversial issue.”
The U.S. Chamber of Commerce, hardly a stronghold of liberal ideals, is one of the most outspoken proponents of comprehen-sive immigration reform in general and S. 744 in particular, touting a study that says the nation’s economy would stand to grow by $1.5 trillion over 10 years.
S. 744 — also known as the Border Security, Economic Opportunity, and Im-migration Modernization Act — takes a truly broad-based approach to reform.
Among other things, the bill calls for:• More than $40 billion of initial funding
to shore up border security.• Mandatory use by employers of an
electronic employment verification system known as E-Verify.
• Creation of a Registered Provisional Im-migrant program that includes background checks and mandates the payment of ap-plication fees. RPI status may be renewed after six years and immigrants can pursue lawful permanent residence after 10 years, if they remain employed, pay taxes, pass back-
ground checks and meet English proficiency requirements.
• A faster track to lawful permanent resi-dence for undocumented immigrants who came to the United States as children and for agricultural workers.
• A path to citizenship, for those who ful-fill the RPI requirements, which would take 13 years or more.
That last point, the path to citizenship, has been one of the more controversial aspects of the bill and was met with large resistance by House Republicans last year. We’re not sold on the necessity of it being part of an immigration overhaul, but we understand and appreciate the importance it plays for both lawmakers behind the bill and for immigrants whose dream includes citizenship.
With worker shortages looming and wasteful spending rampant on a current system that isn’t getting the job done, S. 744 is, on the whole, a beacon of hope. Leaders in the U.S. House of Representatives would do well to follow the light — and act now.
our view
The curmudgeon takes a holidayIt’s snowing and the dog won’t go out-
side. Meanwhile, the dog across the street, Taz, is outside rolling around, jumping up and down, and playing mumblety-peg with a squirrel.
We have no appointments and no meetings. We are both safe and sound and warm. I have nothing to complain about today, and that may be a first. I am sure I could pick at a scab and write about an injustice or a tragedy or Detroit, but I am not going to.
The curmudgeon, the fault-finder, is taking some time off to look around and smell the Sumatra. It probably won’t last very long. I think if I stayed away from the television, the newspaper and the computer for a few days I could stretch this out. But I haven’t even come close to doing that since I was in rehab, and that was 16 years ago.
The rehab I went to was a sanctuary. I didn’t have to wear a hospital gown, and I wasn’t chained to my bed. We could leave for a couple of hours every day, within a specified radius, and as long as we didn’t go to our homes or to Colfax.
One girl went to Colfax the night before her graduation, and she was shown the door.
Anyway, I am not going to offer an opinion about Martin Scorsese’s new film,
which sets a record for the f-word in an R-rated film at 506. Or offer an opinion about MSNBC’s apology for its bit on the Romneys’ adopted grandson. Or com-
ment about the zero degree temperatures that nearly half the population is experi-encing right now.
I am wearing blinders.Well, no, that’s impossible, isn’t it?If I had been wearing blinders I
wouldn’t have known that Phil Everly died. I have written about the Everly brothers before. They affected my life. The first song I heard on my new transistor Toshiba in 1958 was “All I Have to Do is Dream.” That’s a good theme for living.
All of Alice’s adventures were in a dream.
But life is only dreamy now and then. It can hit on us with a closed fist. The big picture can smack us with worldly current events, or it can smack us in our own homes. It’s not going to smack me today.
I hope.Do you recognize this? “Living is easy
with eyes closed, misunderstanding all you see.”
The answer is at the end of the column.
Smith continues on Page 9
See you at the top, or over itIf you have ever experienced skiing
with a group or with your family, you just may be familiar with this state-ment, usually shouted from a chairlift down to a family member or friend on the slopes, or even spoken into a cell phone when two parties have been separated from one another, “I will see you at the top.”
Although I have been skiing in Colorado for the past 18 seasons, this still happens to our family, as a matter of fact it happened a couple of weeks ago as I was skiing with two of my children. We became separated and as I was going back up the chairlift I found myself shouting down to my son, “I’ll see you at the top!”
And spending as much time skiing each year as I do, I have had the op-portunity to hear the phrase “See you at the top or meet me at the top” with great frequency.
This statement has special mean-ing for me for other reasons too. Zig Ziglar’s first book is titled “See You at the Top.” Millions of people have been impacted by this book as it is a guide to personal and professional success. Having worked with Mr. Ziglar and his family for many years, just hearing the words “See you at the top” brings back incredible and wonderful memories for me.
Where is the “Top?” It’s all relative right? I mean the “Top” for you may be different than the “Top” for your neighbor or coworker. When we are skiing and get separated it’s easy to identify where the top actually is on the mountain. But in life, the “Top” can be a tricky thing for some people to identify with or just have a hard time seeing happening for themselves.
The book, “See You at the Top”
focuses on things like having a healthy self-image, the importance of a posi-tive attitude, building winning rela-tionships, setting and achieving goals, and living with hope. So you see, it’s not targeted at any specific role or job type, it is a book that was written to meet people, all people, wherever they are on their success journey.
Mr. Ziglar didn’t stop there though, as he continued to motivate and inspire millions of people around the world, he changed the ending to each one of his talks. Instead of ending with, “I will see you, and yes I do mean you at the top,” he changed it to “Hey I am going to see you, and yes I do mean you, not just at the top, I am go-ing to see you over the top.” That little change and reminder at the end of his talks or seminars made all the differ-ence for me personally in the pursuit of my goals as I know there is always more to strive for.
And every time I hear someone else shout it from a chairlift or from the slopes I am reminded that the “Top” is only a temporary destination in our life journey and pursuit of happiness and success. It’s the attitude of going further, beyond the top, that drives me to want to work harder at my goals. For me it is about going “Over the top.”
Norton continues on Page 9
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Unless you live in a packing crate, it’s al-most impossible to dodge current events. They come at us from every direction.
I am guilty of straying to some news services while I am writing my columns, and there I am again, on the Grumbleville bus. But not this time.
Maybe tomorrow. Don’t get used to this.
The trick to an upbeat day is to avoid Christiane Amanpour. She’s great, but she always in the thick of something, halfway
around the world. It’s forever dire straits with her, not those uplifting stories about corn roasts and sugar gliders.
The TV movie of the day is “No Country For Old Men.” Best to avoid that one too.
I don’t know how some people do it. How some people have days like this every day. I have a friend who is informed, but nothing ever wrinkles her forehead.
Nothing is going to wrinkle my fore-head today. It’s “Strawberry Fields For-ever.”
Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at [email protected].
Continued from Page 8
Smith
What do you think about when you hear the words, “See you at the top?” Where is the “Top” for you?
Have you ever imagined what could be beyond the “Top” or as Zig says,
“Over the top?” for yourself? I would love to hear all about it at [email protected] and when you do seek the top or going over the top it will definite-ly be a better than good week.
Michael Norton is a resident of High-lands Ranch, the former President of the Zig Ziglar Corporation and the CEO/Founder of www.candogo.com.
Continued from Page 8
Norton
Another ‘show’ gets underway On Jan. 8, we started another legislative
session in the Colorado State Assembly. On Opening Day, we saw the rituals of posting of the colors, student choirs performing, and our families joining us on the fl oor of the chamber. In our offi ce, we had our an-nual open house in which Senate District 26 constituents can come to my offi ce and chat before the beginning of the session. Some stay for the opening ceremonies and speeches.
In the Senate, we heard the opening speeches by the Senate president and minor-ity leader. This year, I thought both were ar-ticulate; the president emphasizing the need to now prioritize affordability of higher edu-cation and childcare. The minority leader’s role is to (hopefully, civilly) mention what the majority could be doing better. And that he did. So, the Opening Day was fairly represen-tational of what openings we’ve seen in the past, with the exception of the addition of
only our second female Senate president in history.
Then the following day, the governor gave his State of the State speech. And that was probably one of the best speeches I’ve heard from Gov. Hickenlooper; in both statistics and delivery.
He rightly bragged about the state em-ployees, community members and fi rst re-sponders from all over the state who have accomplished great feats to begin to restore
our communities damaged from fi res and fl oods. And every statistic he mentioned showed positive economic growth for Colo-rado, singling out our state as being among the top in the nation in almost every catego-ry. We should be proud as a state, that despite our seemingly insurmountable odds, we still shine, and brightly.
Then, the “show” began last week when we heard the minority leader take shots at the new president of the Senate. Then the next day, our annual Civility Resolution was laid over till the day after session, meaning it died. I’m not privy to all the details, but as I understand it, if we had brought it to a vote, it was promised that it would be anything but civil. So we can’t even make it through the fi rst full week of session without bringing out threats? I will say, as a steward of confl ict res-olution and civility at the Capitol, I was very disappointed that we couldn’t rise above par-tisanship and at least all commit to civility.
I am hoping that this isn’t a foreshadow-ing of the whole session. We do have several senators running this year for their own seats as well as for statewide offi ces so it will be in-teresting at a minimum. Let’s hope we don’t see only ego and bravado during “the show,” but some sort of collaboration as well.
As for committees this year, I am on Judi-ciary, Health and Human Services, Legisla-tive Council, and vice chair of our new Joint Technology Committee. I also serve as Co-Chair of the Children’s Caucus and Behav-ioral Health Caucus. You’re welcome to join me at the Capitol anytime! Just call or email to arrange it.
Linda Newell, a Democrat, is the state Senator for District 26, which includes Littleton, Engle-wood, Sheridan, Cherry Hills Village, Green-wood Village, west Centennial, and parts of Aurora. She can be reached at (303) 866-4846 or [email protected].
Bipartisan efforts key this session The 2014 legislative session has just
begun and as the scaffolding begins to come down around the refurbished dome, I wanted to take the opportunity to highlight what my colleagues and I will be prioritizing over the coming months.
In 2013, Colorado endured the most destructive wildfi res and fl oods in state history. The fi rst bills we introduced in the House this year will assist those affected by these natural disasters and increase our ability to mitigate them in the future. The work of countless national, state and local organizations and the remarkable ef-forts and community spirit of Coloradans across the state have all made our ongoing recovery possible. But there is still much work to be done to make sure our battered, but not beaten, communities recover fully and thrive again. I look forward to working on the bipartisan bills we have crafted to speed and assist our recovery efforts.
We will also be focusing much of our time and energy this session on improving our education system. Education funding, especially funding for higher education, was particularly hard hit by the budget cuts we had to make during the recession. While we have not fully emerged from that recession, our economy is nevertheless re-covering and state revenues are increasing; this means we can fi nally begin to restore
funding for education at all levels.I am also encouraged by constructive
bipartisan talks about key pieces of our education package from last year, espe-cially ongoing discussions about ensuring our schools get the reforms and resources necessary to succeed.
Increased access to quality education and making higher education more af-fordable are essential to ensuring future generations’ economic security. I will per-sonally be focusing this session on enhanc-ing our economic security and fostering a healthy growing economy. As our economy continues to change at a dizzying pace, we need to make sure that our workforce is prepared for the jobs of the 21st century, because what is rewarded today is very dif-ferent from what was rewarded in decades past.
I have always been a champion of equip-
ping Coloradans with the skills that will be in demand in the future. During my previ-ous term, I passed the Skills for Jobs Act and I will continue that effort by sponsoring, with Rep. John Buckner (D-Aurora), a bill that will give the Offi ce of Economic Devel-opment access to data about the strengths and weaknesses of Colorado’s workforce. This will allow our state to more effectively market our strengths to prospective busi-nesses and provide more adequate training in areas where skills gaps exist.
Another priority of mine is to improve the climate for small businesses in Colo-rado by simplifying our sales tax regime. Although Colorado is consistently ranked among the top fi ve states in which to do business, we fall short when comparing our hideously complex sales tax system to that of other states. My Sales Tax Simpli-fi cation bill, a bipartisan co-operative ef-
fort with Rep. Kathleen Conti (R-Littleton), business groups, and local governments will make it easier for entrepreneurs to ex-pand, hire more people, and achieve their dreams.
I am honored to serve in the Capitol and am committed to continuing to move Colorado forward together this session. I will continue to serve as chair of the Judi-ciary Committee and as a member of the Finance and Legal Services Committees. I always benefi t from hearing from constitu-ents, so please don’t hesitate to contact my offi ce at 303-866-2921 or [email protected].
State Rep. Daniel Kagan, a Democrat, serves House District 3, which includes Engle-wood, Sheridan, Greenwood Village, Cherry Hills Village and parts of Littleton and un-incorporated Arapahoe County.
WE WANT TO HEAR FROM YOU
If you would like to share your opinion, visit our website at
www.coloradocommunitymedia.com or write a letter to the editor.
Include your name, full address and the best telephone number to
contact you. Send letters to [email protected].
10 Englewood Herald January 24, 2014
10-Color
Sunday Worship8:00 & 10:45 a.m.
Trinity Lutheran School & ELC(Ages 3-5, Grades K-8)
303-841-4660www.tlcas.org
Trinity Lutheran Church
& School
Abiding Word Lutheran Church
8391 S. Burnley Ct., Highlands Ranch
(Next to RTD lot @470 & University)
Worship ServicesSundays at 9:00am
303-791-3315 [email protected]
www.awlc.org
Sunday Worship8:00 am Chapel Service
9:00 & 10:30 am Sunday School 9:00 & 10:30 am
Open hearts. Open minds. Open doors.
www.st-andrew-umc.com303-794-2683
Preschool: 303-794-05109203 S. University Blvd.
Highlands Ranch, 80126
Open and Welcoming
Sunday 8:30 a.m. 11:00 a.m.
First Presbyterian Church of Littleton
1609 W. Littleton Blvd.(303) 798-1389 • www.fpcl.org
P.O. Box 2945—Parker CO 80134-2945www.ParkerCCRS.org
303.805.9890
ParkerCommunity Churchof Religious Science
Sunday services held in thehistoric Ruth Memorial Chapel
at the Parker Mainstreet Center...19650 E. Mainstreet, Parker 80138
New Thought...Ancient Wisdom
Visit our website fordetails of classes &
upcoming events.Sunday Service& Children’s Church10:00 a.m.
Castle Rock Highlands Ranch
Highlands Ranch
Littleton
Parker
Parker
Lone Tree Lone Tree
Lone TreeFranktown
Greenwood Village
Denver Tech Center
United Church Of ChristParker Hilltop
10926 E. Democrat Rd.Parker, CO • 10am Worshipwww.uccparkerhilltop.org
303-841-2808
Little Blessings Day Carewww.littleblessingspdo.com
First UnitedMethodist Church
1200 South StreetCastle Rock, CO 80104
303.688.3047www.fumccr.org
Services:Saturday 5:30pm
Sunday 8am, 9:30am, 11amSunday School 9:15am
Sunday Worship 10:304825 North Crowfoot Valley Rd.Castle Rock • canyonscc.org
303-663-5751
An EvangelicalPresbyterian Church
“Loving God - Making A Difference”A place for you worship Time
Welcome Home!Weaving Truth
and Relevance into Relationships and Life
9:00am Spiritual Formation Classes for all Ages
90 east orchard roadlittleton, co
303 798 6387www.gracepointcc.us
10:30AM sundays
To advertise your place of worship in this section, call 303-566-4091 or email
GR AC E PR E S B Y T E R IA N
303-798-8485
www.gracecolorado.comAlongside One Another On Life’s Journey
Sundays at10:00 am
Grace is on the NE Corner of SantaFe Dr. & Highlands Ranch Pkwy.
(Across from Murdochs)
You are invitedto worship with us:
Saturday 5:30pm
Sunday 8:00 & 10:30am
Joyful Mission Preschool 303-841-37707051 East Parker Hills Ct. • Parker, CO
303-841-3739www.joylutheran-parker.org
JoyLUTHERAN CHURCH, ELCA
Education Hour: Sunday 9:15am
S E r v i C E S :
Parker evangelicalPresbyterian church
Connect – Grow – Serve
Sunday Worship8:45 am & 10:30 am
9030 Miller roadParker, Co 80138
303-841-2125www.pepc.org
Sunday Worship - 10:00amBible Study immediately followingWednesday Bible Study - 7:30pm
Currently meeting at:9220 Kimmer Drive, Suite 200
Lone Tree 80124303-688-9506
www.LoneTreeCoC.com
Lone TreeChurch of Christ
Meets at the Marriott DTC
4900 S Syracuse St,Denver, CO 80237
10 am every SundayFree parking
Current Study: Spiritual Ancestry
Pastor Mark Brewer
Join us at Sheraton Denver Tech Center
7007 S Clinton Street in Greenwood Village(nearby I-25 and Arapahoe Rd.)
www.cbsdenver.org303-794-6643
Congregation Beth Shalom
CONFERENCE
www.parkerbiblechurch.org
4391 E Mainstreet, Parker, CO 80134 Office (303) 841-3836
Where people are excited about God’s Word.
Friday 7PM, Sat. 7PM, Sunday 10:45AM & 6PM
You’re invited to a
JAN. 24-26, 2014
Singles, Couples, Marrieds and Families of all ages are welcome.
No chargePublic welcome
Douglas County’s only Synagogue, Hebrew School and Preschool
No membership required www.DenverJewishCenter.com
303-792-7222
ChabadJewish Center
Plans Gone Astray? To whom will you go when you’re out of ideas?� ere are times when we simply need a gracious God to guide us. Come and join us at 9:30 a.m. Sunday mornings at Lone Tree Civic Center, 8527 Lone Tree Parkway. For directions and any questions about our ministry, contact Pastor Craig: (303) 883–7774Immanuel Lutheran Mission is a member congregation of Lutheran Congregations in Mission for Christ
Dozens attend youth sports meeting Jan. 16 session focuses on future of programs in City of Englewood By Tom Munds [email protected]
Parents, representatives of the school district, city recreation department and organizations voiced opinions and talked about how to make sure youth sports pro-grams remain available for Englewood chil-dren when city programs cease.
Jerrell Black, city parks and recreation director, explained his department had provided youth sports programs for years but, because of the economy, the money for youth sports was cut from his department’s 2014 budget.
“The cuts came because city revenues are down and every department was re-quired to reduce their 2014 budgets by 4 percent,” he said. “At parks and recreation,
we went through every line item in our bud-get and the fi nal cuts included not spend-ing about $150,000 to operate youth sports programs.”
Black told the audience of about 40 peo-ple that parks and recreation will complete the current youth basketball programs and will offer youth baseball until the season is over in July. However, he said parks and recreation will still offer introduction sports classes like the Start Smart programs for 4- to 6-year-olds.
“This was a diffi cult decision because we want to see children engaged in sports and we don’t want to see them displaced,” he said. “We want to see youth sports pro-grams in Englewood so his is a brainstorm-ing session to fi nd if there are ways to make that happen.”
Time was taken to introduce the inde-pendent youth sports programs and tally the children they served. Patricia Schrock said the youth wrestling program serves about 25 boys and girls ranging in age from 4 to 14 while Englewood Youth Sports Asso-ciation representative Amanda Mestas said
about 200 children take part in EYSA base-ball, softball, football and basketball pro-gram. Also, Misha Roland said Englewood Soccer Association offers programs for 5- to 19-year-olds with about 200 in the fall and 300 in the spring playing on association teams.
Costs were discussed. Black said the cost of paying an administrator for youth sports as well as coaches and offi cials plus equip-ment accounted for the $150,000 cost of the programs offered by parks and recreation. He added that the $25 to $45 fee per player brought in about $44,000 a year.
In response, representatives of the youth sports associations all noted they relied on volunteers to serve as coaches and offi cials which could reduce the cost of providing youth sports programs.
The audience was divided into fi ve focus groups and then reassembled to talk about the key points discussed.
Points raised by the groups included a key is communication and letting the peo-ple of Englewood know about this issue.
Other ideas included seeking sponsors
and grants to help pay for the programs but it was also stressed that the cost per player should be kept as low as possible for Engle-wood children.
Mayor Randy Penn said he was pleas-antly surprised by the large turnout and the enthusiasm of the individuals and organi-zations seeking to make sure youth sports programs would be available in Englewood.
“We need to make sure this isn’t a one-time meeting but that the enthusiasm and effort to continue youth sports program doesn’t fade away,” he said. “This needs to be a starting point and we need to get more people and organizations involved for our kids.”
Black said there will be a follow-up meet-ing with at least one member of each of the groups attending the meeting. He added that all meetings are open to the public. He then said that, following the smaller group meeting, there will be another meeting on the same format as used Jan. 16 to discuss ideas and options. The meeting dates will be announced and publicized as soon as they are set.
Englewood Herald 11 January 24, 2014
11-Color
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manufacture.The event, sponsored by John Elway
Chevrolet, was in the dealership’s mainte-nance area and it was staffed by two Engle-wood fi refi ghters and two Swedish Medi-cal Center nurses.
Englewood fi refi ghter Jessie Olson said individuals have to attend a 32-hour course in ordered to be certifi ed to inspect child safety seat installations. He said each inspector must be recertifi ed every two years and to receive recertifi cation, the in-spector has to attend a six-hour course.
Most of the time, there were two vehi-cles in the inspection bay and often a car or two in line.
Columbine Valley resident Chuck Aus-tin said he appreciated the opportunity to make sure the safety seat was installed
properly.“I was here earlier today with my car
and now I am bringing my wife’s car for the safety seat inspection,” he said. “We want to make sure the seats are put in the car the right way to keep our grandchildren safe when they ride with us.”
A short time later, Lorraine Malskeit came to the event.
“I needed help to install the seat cor-rectly so, I decided to come here today when I read about this event in the paper,” the Centennial resident said. “I am starting to baby sit my granddaughter so she will be riding with me and I want to get the help I need to put her seat in the car properly.”
Englewood Fire Department holds a child safety seat clinic once a month at the fi re station at 3075 S. Tejon Ave. Check the city website at www.englewoodgov.com for the dates and times of the clinic.
Swedish Medical Center also will do safety seat installation inspection by ap-pointment. To check on a time, call 303-788-7328.
Continued from Page 1
Safety
oranges in water. Isaiah Ramirez found, if you peeled the orange, it wouldn’t fl oat, but if you didn’t peel the orange it would fl oat.
Another project involved explor-ing whether or not cola would dissolve a tooth. In his presentation, Vernon Adler explained he placed a tooth in a jar fi lled with cola and, in 14 hours, the acid in the cola dissolved the tooth.
Paolo Hercules-Flamenco, a fi fth-grad-er, said the Internet helped her prepare her experiment to change an egg to a material with the consistency of Silly Putty.
“I found information on a website called Science Buddy,” she said. “The idea sounded like fun so I decided to try it.”
The fi fth-grader explained the process involved putting an egg in a mixture of milk and vinegar, saying not only did she learn something, but that it was fun too.
“The egg turned sort of hard in a few days,” she said. “I followed the instructions and let it dry. When it was dry it was sort of like putty. I was able to mold it into several shapes and added food coloring to make the shapes look better.”
A group of district personnel judged the fair and on the evening of Jan. 15, Cherre-lyn held an awards ceremony. Tarkanian handed out a number of awards in each of four categories: life science, earth science, chemistry and physics.
The fi rst-place winners were: Isabel Sel-man in life science; Riana DeNorch and Ben Theis in earth science; the team of Alexis Talley and Katie Moraya tied with Riley Jones in the chemistry category; and Jorden Herndon won the physics category.
Continued from Page 1
Fair
ENGLEWOOD CRIME REPORT
Man arrested for assaultEnglewood police have arrested a
60-year-old man who allegedly threatened a couple with a hammer. According to the police report, the incident happened about 10:50 p.m. Jan. 15 at the intersection of South Acoma Street and West Layton Avenue.
The victims told police that they were in their car when the man stopped his bicycle in front of the vehicle and came within a few feet of the car screaming at them and holding a hammer over his head. The couple then drove away and called police.
Offi cers found the suspect in the 4200 block of South Acoma Street and took him into custody. The routine check showed he had a warrant for his arrest in Lakewood for failure to appear in court. He was ar-rested and taken to the Arapahoe County Detention Facility where he could face charges of felony menacing and charges related to the outstanding warrant.
Explosion destroys shedOn Jan. 18, Englewood police received
reports of an explosion in the 4700 block of South Elati Street. Offi cers went to the site to investigate and discovered a shed had destroyed by an explosion. They also found two men, a 27-year-old and a 26-year-old who had suffered severe burns
and other injuries. One man was taken to University Hospital and the other man was taken to Swedish Medical Center.
According to the police report, the 27-year-old man told offi cers that the ex-plosion was caused while he and the other man were trying to create hash oil. Hash oil is created through the process of cook-ing marijuana with select solvents.
Robbery under investigationEnglewood police received a call on
Jan. 19 reporting there was a woman whose face was bleeding in the area of South Cherokee Street and West Hampden Avenue.
When offi cers arrived at the location, they found a 28-year-old woman and a 34-year-old man who told the police they had been beaten up and robbed by two unknown black men. The victims said both suspects were approximately 20-30 years old and were wearing dark clothing. The suspects were also accused of taking the male victim’s cell phone during the assault.
Both victims sustained minor injuries to the face and were transported to Swed-ish Medical Center for treatment. Offi cers checked the area and didn’t fi nd anyone matching the description of the suspects. The case is still being investigated.
Bomb threat investigated Sta� report
The search turned up no devices but a bomb threat closed down the Sports Au-thority headquarters complex for about four hours Jan. 20.
About 3:40 p.m., the Englewood police and fi re departments were called to the complex to investigate a bomb threat. The Sports Authority complex is housed in two large buildings facing each other at 1050 and 1090 W. Hampden Ave.
According to the police report, witness-es told offi cers a man called the corporate offi ces, claiming there was a bomb in the building set to go off in about half an hour.
Englewood police helped corporate offi -
cials evacuate both buildings before the of-fi cers joined forces with members of Sports Authority Corporate Security in searching both buildings for suspicious packages or other devices. None were located.
Also, the Department of Homeland Se-curity and the Denver Sheriff’s Offi ce pro-vided assistance by bringing their bomb-unit K9 dogs to the site. The handlers and dogs assisted in the search of the buildings but didn’t locate any type of explosive de-vice.
The investigation took about four hours. The site was declared safe and Sports Au-thority Corporate Offi ces resumed normal business operations at 7:37 p.m.
12-Life-Color
South Metrolife12 Englewood Herald January 24, 2014
Bronco, wife a dynamic duo in magazine
Broncos wide receiver Eric Decker and his country star (pregnant) wife, Jes-sie James Decker — arguably the NFL’s cutest couple — are featured in an eight-picture spread in the February edition of GQ magazine and on www.gq.com.
The couple are snapped in provocative poses — cooking together (at least licking the bowl), canoodling in bed, bubble-bathing, “working out” in the home gym, horsing around among memorabilia — with Decker clad in distressed jeans (how distressed can they be when they fetch up to $700 a pair) and James in her unmen-tionables.
The point of the article — other than to feature titillating photos of a ridicu-lously attractive couple — is a denim discussion.
“When Denver’s newly ascendant star Eric Decker isn’t wearing his Broncos uni-form, he’s kicking back in jeans with his (pregnant!) country-singer wife, Jessie James, and the crew of their reality series, `Eric & Jessie: Game On.’ Here, he sports the season’s best beat-up, broken-in, and distressed denim — the kind you (almost) never want to take off.”
Read more at www.gq.com/style/fash-ion/201402/eric-decker-jessie-james-distressed-jeans#ixzz2qaoEpHUX.
Strahan, Letterman talk ManningLate-night talk show host David
Letterman used his national forum to ask the question on many football fans’ minds when former football great, talk-show host and Fox-TV NFL analyst Michael Strahan guested on the show recently.
“I’m so tired of people screaming, ‘Omaha’...,” Letterman told Strahan, referring to Broncos quarterback Pey-ton Manning’s favorite cue at the line of scrimmage. “Why does he do that?”
“Because (he) likes the steaks,” Stra-han said.
Letterman also questioned why Man-ning moves around so much prior to the snap.
“When he goes to the line he looks like he’s got another job,” the talk-show host said. “He looks like he’s working part-time at a gift card store picking out stuff, running around, ‘Oh my God,’ we’re out of ribbon.’ Then he comes back and takes the snap. Is he the first guy to be so darn busy at his second job as a quarterback?”
“I don’t think anybody has made it look as difficult as Peyton,” Strahan said. “I’m still not buying all that is necessary. I think he says, ‘I’m doing all of this so kids at home think I’m cool.’ There’s no way, Dave, the other 10 guys on offense understand all that stuff. They’re not that smart.”
Fort Collins 4th drunkest cityFort Collins has earned the dubious
distinction of being named the fourth drunkest city in America, according to statistics compiled by the Centers for Disease Control and Prevention.
Bustle.com took the 2011 CDC data and created the top 10 rankings based on
What’s brewing on the horizon?
South suburbs tap into trendPlanned area breweries reflect growing demandBy Jane [email protected]
National statistics show most Ameri-cans now live within 10 miles of a brewery. For those residing along
the C-470 corridor, the drive is soon to get a lot shorter than that.
Four new microbreweries will open in south suburban Denver during the first few months of 2014, and at least two others say
they have solid plans but still are zeroing in on sites. The biggest of them all — Brecken-ridge Brewery — plans a spring 2015 open-ing of its 12-acre Santa Fe Drive complex.
The establishments under construction extend from Highland’s Ranch’s eastern border with Lone Tree to just beyond its western border, all two miles or less from C-470. They join a couple of existing mi-crobreweries already garnering strong local support.
South suburbia’s newest brewers say the area’s been underserved, and it’s a gap they’re happy to fill.
And if the Boulder-based American Brewers Association is right, many more will come.
“Today, we have 2,700 breweries in the United States,” spokeswoman Julia Hearst said.
Of those, 98 percent are small, indepen-dent, craft businesses.
“In addition to that, the Brewers As-sociation on record nationally has 1,700 in planning,” she said. “There is room for exponential growth. And there’s more demand than supply in the marketplace today.”
Not since before Prohibition has beer enjoyed such heady popularity. In the late 1800s, between 3,000 and 4,000 breweries
Parker continues on Page 13
A look at breweries coming soon to the south metro area. (More breweries are planned. Listed here are those that have sites and are nearing completion.)
Three Freaks BreweryLocation: 7140 E. County Line Road,
Highlands Ranch (near C-470 and Quebec Street)
Targeted opening: Late FebruaryOwner/primary contact: Jeff AtencioMore info: 3freaksbrewery.comWhat to expect: Atencio is a South Metro
Fire inspector who’s been home brewing
for 27 years.“We’re going to be one of the smaller
ones at five barrels. That’s going to give us the opportunity to be a little bit more ag-gressive as far as experimenting.”
Three Freaks likely will open with four different beers, including a Belgian, lager and gluten-free selection. Atencio hopes eventually to expand to eight.
Blue Spruce Brewing Company4151 E. County Line Road, Centennial
(near County Line Road and Colorado Bou-levard)
Targeted opening: Late FebruaryOwner/primary contact: Rick KaneMore info: bluesprucebrewing.comWhat to expect: Kane is a former Doug-
las County School District teacher who’s been home brewing for 20 years.
Blue Spruce will have a seven-barrel brewing system. It will offer Mexican food along with Colorado cider and wines, mar-garitas, 12 of his craft beers and eight guest beers.
“We’re amazingly picky about our beers
graphic by Stephanie Ogren
Trend continues on Page 13
Brewing continues on Page 13
Englewood Herald 13 January 24, 2014
13-Color
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operated in the United States, many serving as neighborhood hubs. Prohibition, which lasted from 1920 to 1933, destroyed that way of life, Hearst said. For decades after, large brewers dominated the market.
“We’ve finally come back,” she said. “The reason it’s come back is because it’s become localized, and the small and inde-pendent craft brewers have finally gotten their footing. We don’t make predictions, but I can say, the future looks very bright.”
Lone Tree Brewing Company co-owner John Winter was the first to venture into
the Lone Tree/Highlands Ranch market in December 2011. The business’ quick suc-cess has made Winter a trusted source for prospective brewery owners.
He sees their businesses as a comple-ment to his, not competition.
“We’ll let our beer stand by itself,” Win-ter said. “What we’re really interested in is building the number of people who enjoy craft beer.
More breweries “provides a much great-er amount of diversity while at the same time (the area) becomes a more popular destination for craft beer connoisseurs.”
Winter believes there’s a vast untapped market among people who currently drink brand-name beers, wine or alcohol. He thinks the proliferation and proximity of microbreweries likely will prompt some to
try — and convert to — drinking craft beer.He and other area brewers also see side
markets for shuttles and bicycle tourism. Most of the existing and soon-to-open microbreweries are either on or within easy pedaling distance of the C-470 and South Platte River trails.
“With Breckenridge coming on board, I have a feeling we’re going to be able to provide more than enough stops for a tour from one end of C-470 to the other,” said Jeff Atencio, owner of the nearly com-plete Three Freaks Brewery. “That’s what’s fantastic about this explosion of craft beer: There’s plenty of room for everyone to play, and the consumer is going to benefit from this choice because we’ll all be striving for high quality.”
Hearst said collaboration among craft
brewers is key to the industry’s current and continued success, especially given the complexity of the brewing business. It also reflects a desire among beer lovers to share what they see as one of life’s true pleasures.
“I would say that to open a brewery is one of the hardest, most expensive, most compliance-intensive, most demanding business tasks to do,” she said. “So why would people be persevering at such a strong rate?
“This has become a little piece of the American dream. It’s a way to live out the cultural evolution we’ve gone through in our country of not just making a buck, but using our time to make the world a better place.”
Continued from Page 12
Trend
and what is going to go out. We’ll have a great variety and high quality.”
Blue Spruce will seat about 220 and offer outdoor seating during the warm months.
38 State Brewing Company8071 S. Broadway, Littleton (near Coun-
ty Line Road and Broadway)Targeted opening: MarchOwner/primary contact: Mike KeatingMore info: 38statebrew.comWhat to expect: Keating was a master
gardener who started brewing about four years ago. His hobby quickly outgrew his garage, prompting him to open a business and share his passion. Keating describes his operation as small batch, and said the beer is infused with “a lot of fun and en-ergy.”
“My double IPA is my favorite beer to make and drink. That’s one of the beers I hope to have on opening day.”
Other flagship beers include Scottish and amber ales and a chocolate bourbon stout.
Living the Dream Brewing12305 Dumont Way, Highlands Ranch
(near Santa Fe Drive and Highlands Ranch Parkway)
Targeted opening: Early MarchOwner/primary contacts: Jason Bell,
Carrie KnoseMore info: livingthedreambrewing.comWhat to expect: Bell and Knose both
come from a brewing and hospitality back-ground.
They’re building a 7-barrel brew house with a tasting room and a summer outdoor beer garden.
“We have over 30 recipes already devel-oped,” Knose said. “Jason is a very stylistic brewer. My brewing style is a lot more ex-perimental. So we have a ying-yang situa-tion where he’s very mechanically driven and thorough, and I’m a little more on the creative side. So it brings it full circle in the brewing world.”
Breckenridge Brewery6775 South Santa Fe Drive, LittletonBetween Mineral Avenue and Main
StreetTargeted opening: Spring 2015More info: breckbrew.comWhat to expect: Farmhouse serving beer
and food with indoor/outdoor seating, brewery tours, general store, growler-to-go station, hops field and a beer garden.
— Compiled by Jane Reuter
Continued from Page 12
Brewingthe drinking habits of residents in met-ropolitan areas based on their binge and heavy drinking rates.
What city took the top spot on the drunkest cities list? Fargo, N.D. Have you been to Fargo? If so, you’ll totally under-stand this ranking because — especially in the winter when temperatures plunge to negative numbers that should never be seen by human beings — there’s nothing else to do.
Here’s the complete list: 1. Fargo, N.D.; 2. Columbus, Neb.; 3. Missoula, Mont.; 4. Fort Collins; 5. Brookings, S.D.; 6. Milwau-kee, Wis.; 7. Lawrence, Kan.; 8. Tallahassee, Fla.; 9. Bozeman, Mont.; 10. Lincoln, Neb.
Read more at www.bustle.com/articles/12130-38-million-americans-have-a-problem-with-alcohol-the-10-drunkest-american-cities.
Sharpe to speak at fundraiserFormer Denver Broncos tight end and
2011 Pro Football Hall of Fame inductee turned TV NFL analyst Shannon Sharpe will be the keynote speaker at The Journey, the Junior League of Denver’s fundraiser to support literacy efforts in the Denver metro area, on March 13.
A lesser-known fact about Sharpe is his dedication to literacy and education. It wasn’t until his early teen years that he learned to read, guided by his grandmoth-er’s influence.
All proceeds support the Junior League of Denver’s focus, which is changing lives through literacy in the Denver metro area. The March 13 event starts at 6 p.m. at the Hyatt Regency Denver Tech Center. Tickets are $125 per person. For more information and to purchase tickets, go to www.jld.org or call 303-692-0270.
Hitting the sweet spotSweet!Longmont-based Robin Chocolates
(www.robinchocolates.com/), owned by Robin Autorino, has been named one
of the top 10 chocolate makers in North America for 2013 by “Dessert Profes-sional,” the leading trade publication for chocolate, pastry, baking and ice cream professionals.
“We are tremendously honored,” said Autorino, who founded Robin Chocolates in 2008. “Our passion is making bold, beautiful and delicious chocolates and pastries, and it is enormously satisfying to be recognized for our work.”
Robin Chocolates is a family-run busi-ness where Autorino’s husband, Chris, handles the company’s artwork and website.
“One rule I learned in the military is that precision counts,” she said. “If it doesn’t look perfect and taste great, I won’t sell it.”
Readers and visitors to the shop at 600 S. Airport Road, Longmont, can mention the code #topchocolateshop for 5 percent off all orders through the end of January.
Heritage Square items on saleAfter a 25-year run, Golden’s Heritage
Square Music Hall closed Dec. 31 cit-ing lack of funds to finance productions. Heritage Square is putting all of its con-tents — costumes, scenery, props, theater equipment, photo memory books and CDs — up for sale from 10 a.m. to 4 p.m. Jan. 23, 24 and 25.
Call Jane at 303-434-1204 with ques-tions or to set up an appointment for theater items, call Scott Koop at 303-233-1198.
OverheardEavesdropping on Andrew Hudson’s
Facebook page: “New job on AH jobs list! Governor, state of New Jersey.”
Penny Parker’s “Mile High Life” column gives insights into the best events, res-taurants, businesses, parties and people throughout the metro area. Parker also writes for Blacktie-Colorado.com. You can subscribe and read her columns (Monday, Wednesday and Friday) at www.blacktie-colorado.com/pennyparker. She can be reached at [email protected] or at 303-619-5209.
Continued from Page 12
Parker
What's happening this Week? Want to know what clubs, art exhibits, meetings and cultural events are happening in your area and the areas around you? Visit our website at www.coloradocommuni-tymedia.com/calendar.
14 Englewood Herald January 24, 2014
14-Color
The Beautifuland the Deadly
photos by Joe McDonald
19 varieties of live turtles, crocodilians, lizards and snakes from around the world displayed in natural habitats.
Kids will score a goal at this fun and exciting event featuring sports-themed interactive games and outdoor adventure sports activities.
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Kid’s BowlSaturday, February 19:00 am - 5:00 pm
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Located near Park Meadows, 1 mile East of I-25 at Lincoln Avenue and Peoria Street.Located near Park Meadows, 1 mile East of I-25 at Lincoln Avenue and Peoria Street.
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Peter Pan � ies onto PACE stage Dicke hopes traditional play has elements of surprise By Sonya Ellingboe [email protected]
While there have been many onstage versions over the years since it was pub-lished in 1904, J.M. Barrie’s beloved tale
of “Peter Pan,” the boy who didn’t want to grow up, will be true to the familiar Mary Martin version that ap-pears occasionally on TV.
Now under Disney’s careful control, it has be-come part of our cultural fabric and when it fi lls the large stage at the PACE
Center in Parker, directed by Ben Dicke and produced by Starkey Theat-rix, a new generation of children will expe-rience the delight of seeing Peter, Wendy, Michael, Nana, the pirates, Indians, Banks’ nursery and Never-Never Land.
“How do we make it our own? Every-thing is so expected,” Dicke asks.
With a strong professional cast, lavish costumes and a special set built by the PACE technical crew, it promises to be a magical production. Dicke, 34, said he started the rehearsal process with a move-ment workshop.
Lacey Connell, who has been playing
Dorothy in “Wizard of Oz” at the Colo-rado Springs Fine Arts Center, stood out in auditions and call-backs and will be the forever-young Peter — a role traditionally played by a woman. Veteran actor/singer Stephen Day will play the menacing Cap-tain Hook.
Flying by Foy has been in the business of fl ying Peter Pan since Mary Martin played
the part on Broadway in 1954 with the great Cyril Ritchard as her Captain Hook. Dicke said the Foy’s employee in charge in Parker has been in the business for 15 years and fl ew in from Las Vegas for the job.
“We have the best musical director in town, David Nehls, a fi ne choreographer in Matthew Peters and Laurie Klaperich brought neat colors for costumes,” said Dicke, who is excited about how the per-formance is coming together.
“I hope it’s the Peter Pan you know and recognize — and haven’t seen before,” he commented. He imagines tickets will be in short supply by the second weekend.
Dicke’s MFA in Theatre Performance is from Roosevelt University in Chicago,
a city where he performed before moving to Denver. His family and fi ancée are from this area, so Englewood will remain home base, although he and his fi ancée have a New York apartment, where he will return once “Peter Pan” is up and running. He performs and directs around the country.
Lacey Connell as Peter Pan and Stephen Day as Captain Hook in “Peter Pan” at PACE. Photo courtesy of Focus Tree
IF YOU GO“Peter Pan” plays at 7:30 p.m. Jan. 24, 25, 31, Feb. 1, 8;
2 p.m. Jan. 25, 26, Feb. 1, 8, 9 at the PACE Center, 20000 Pikes Peak Ave., Downtown Parker. Tickets cost $16 to $25, with a 20 percent discount for children: 303-805-6800, PACEcenteronline.org.
‘Kimberly Akimbo’ enters a di� erent world Suttle experiences life with rare disease By Sonya Ellingboe [email protected]
Accomplished playwright David Lindsey-Abaire is recognized for his ability to lead his audiences into the minds of the somewhat quirky personalities he creates. Kimberly Akimbo is one of those: she is a teen-aged girl affl icted with progeria syndrome, an ex-tremely rare genetic disease that makes the body age prematurely.
Akimbo has to deal with normal teen ups and downs, a 70-year-old body and in addition, a wildly dysfunctional family and young love. Linda Suttle says it’s a dream role for her — one of several in her sights as a mature actor.
Suttle, who grew up in Littleton — attend-ing East Elementary School, Euclid Middle School and Arapahoe High School — has worked for the Littleton Police Department by day for 27 years as Victims Services Co-ordinator, which means she has frequent insights into personalities that function at different levels.
“It’s a demanding job,” she said, “trying to help crime victims, stay on top of what’s out there, meeting with colleagues…” Evenings and weekends, however, have often been focused on theater — as actor and director.
One has to conclude that her interper-
sonal skills contribute to her ability to bring Lindsey-Abaire’s unique character to the stage, under the direction of Equinox The-atre Company’s Deb Flomberg.
Despite Kimberly’s messy family, with a con-artist aunt, alcoholic father and hypo-chondriac mother, Kimberly slowly gains control of her life — but she’s dying. (16 is as long as people usually live with this disease).
“It’s a long time since I’ve really loved a character — it’s heartbreaking,” Suttle said.
Suttle said her fi rst step in fi nding out what it’s like to be a 16-year-old girl today was to go to the mall and observe manner-isms: “they all have sleeves pulled over their hands, play with their hair and are constant-ly on their phones,” she said.
She is excited about the skills of her fel-low cast members-- some are new acquain-tances.
“The play is beautifully written — a perky, fun show,” she said.
Her next theater project will be directing “Lobby Hero” at the Vintage Theatre, an ex-citing challenge.
Linda Suttle of Littleton will play the lead role in “Kimberly Akimbo” at the Bug Theatre, Jan. 24-Feb. 15. Courtesy photo
IF YOU GO“Kimberly Akimbo” produced by Equinox Theatre Com-
pany, plays at the Bug Theatre, 3654 Navajo St. in Den-ver’s Highlands, from Jan. 24 to Feb. 15, including a spe-cial “spend Valentine’s Day with Kim” performance that will include champagne and chocolates. Performances: 7:30 p.m. Fridays and Saturdays. Tickets: $22, $20 ad-vance: EquinoxTheatreDenver.com, 720-984-0781.
Dicke
Englewood Herald 15 January 24, 2014
15-Color
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Passport to Paris nears end of trip “Passport to Paris,” three shows that feature French art
from 1600 to 1900, will end their collective run Feb. 9 at the Denver Art Museum, 100 W. 14th Ave. in Denver.
Included: “Court to Café: Three Centuries of French Masterworks from the Wadsworth Atheneum;” “Nature as Muse: Impressionist Landscapes from the Frederick C. Hamilton Collection and the Denver Art Museum” (Ham-ilton just recently donated his collection to the museum); and “Drawing Room: An Intimate Look at French Draw-ings from the Esmond Bradley Collection.”
Extended hours are announced to make the shows ac-cessible to more visitors: on Thursday evenings, the shows will be open until 7 p.m. and on Feb. 7, 8, 9, until 10 p.m. Timed tickets are required: Go to www.ParisinDenver.com.
*Opening Jan. 26: “Fracture: Cubism and After” fea-turing 13 paintings in a rotation from the Museum’s col-lection showing skewed perspectives by creative types, including Picasso and Lichtenstein. Included in museum admission.
Wind Band music from three centuriesThe Highlands Ranch Concert Band presents a broad
collection of music in its fi rst free concert of 2014, at 2 p.m. Jan 26 at St. Andrews Methodist Church, 9203 S. University Blvd., Highlands Ranch.
The program will include John Philip Sousa’s “Hands Across the Sea,” an 1899 march dedicated to America’s al-lies abroad and to the Highty-Tightys, the regimental band of Virginia Tech. Aaron Copland’s “Hoedown” from “Rodeo and a “Broadway Spectacular!” medley featuring “Hello Dolly!” “What I Did For Love,” “Mame,” “Tomorrow,” and Sunrise, Sunset” are also on the program.
For Information on how to join or on future programs, see www.hrconcertband.org or call president Kelley Mes-sall, 303-683-4102.
Front Range Theatre CompanyA Triple Threat Summer Camp is announced for 11-
to 18-year olds from June 9 to 21 at Mountain Vista High School, 10585 Mountain Vista Ridge, Highlands Ranch. Sessions will run from 8 a.m. to 3 p.m. with instruction in voice, acting, dancing and technical theater. Laurilea Wil-liams, theater director for Mountain Ridge Middle School in Highlands Ranch is the point of contact and may be reached via email at [email protected]. Also planned: a Professional New York City Tour from June 3-6 for students.
Film discussion seriesOffered by Colorado Humanities, “Created Equal:
America’s Civil Rights Struggle” will be a four-month series of fi lm clips and conversation with Littleton and Denver community members who were involved. On Feb. 5 is “The
Abolitionists” with Charles Everett Pace; Mar. 5 “Slavery By Another Name” with Helen Kearney; April 2 “The Loving Story” with Dr. Charles Fraser; and May 7 “Free-dom Riders” with Car-lotta Walls LaNier. Reg-ister for one or more on-line through the Library Main Calendar, www.littletongov.org or call 303-795-3961.
Call for female musiciansThe Athena Project, which focuses on celebrating and
expanding women’s contributions in the arts, wants to showcase Colorado female musicians during the 2014 Athena Arts Festival, March 14-30. The festival, which also includes new plays, will feature visual art and dance at various Aurora locations. Lead singer or instrumental-
ist must be female or most songs performed must be by a female composer. Send submission to [email protected]. How might your music fi t the theme: Uto-pia/Dystopia? Possible selections included in a 45-minute set. Please submit a brief bio of you and group. Deadline is Feb. 14.
Douglas County Art EncountersDouglas County’s Art Encounters public art program
has a call for artists with a deadline of Feb. 14. Visit www.douglas.co.us/artencounters to access the CaFE, www.callforentry.org. Selected pieces are exhibited at public lo-cations in Highlands Ranch, Castle Rock, Lone Tree and Parker for a year, with artists receiving a $500 honorarium. Winner of the People’s Choice award receives $1,000. The contest is open to professional and amateur sculptors.
Paint Box Guild Works by members of Littleton’s Paint Box Guild are
exhibited through Feb. 28 at the James H. LaRue Public Library, 9292 Ridgeline Blvd., Highlands Ranch during li-brary hours. Media included are oil, watercolor, pastel and mixed.
Young soloist to performwith Littleton Symphony Piano prodigy hails from China By Sonya Ellingboe [email protected]
“Great Stories in Music: the Fantastic Story of Peer Gynt” is the title for the next Littleton Symphony concert on Feb. 7 at Littleton United Methodist Church.
Incorporated in this performance is another great story: 18-year-old piano prodigy Jiaqi Long will perform Rach-maninoff’s “Rhapsody on a Theme of Paginini.”
Long was born in 1996 in Liuzhou, Guanxi Prov-ince, China and started piano studies at age 4. He won the Little Musician’s Piano Competition a year later in his home province and won other competi-tions in the years that fol-lowed.
In 2007, he was admit-ted to the Pre-College Pia-no Division of the Guanxi Arts Institute, where he studied with Professor Cheng Jun, while he continued academic training at the Tiantao Elementary School. While at the college, he had opportunities to perform for special guests, including Dan-iel Sher, Dean of the CU College of Music and pianist Larry Graham, Emeritus Professor of Music at CU.
In August 2010, with his parent’s support, he traveled to Colorado, where he is a student at Accelerated Schools and continues his piano studies with Professor Larry Graham and Jasmine Steadman, living with Jasmine Steadman and her husband Dale Steadman.
He continues to compete and won the 2012 Steinway Concerto Competition, earning the opportunity to per-form with the Colorado Symphony and an invitation to play with the Littleton Symphony.
The program, conducted by Music Director Jurgen de Lemos, will also include; Liszt’s “Les Preludes,” and narra-tion of Grieg’s fantastic tale for the “Peer Gynt Suite” by CPR Classical announcer David Rutherford.
IF YOU GOThe Littleton Symphony Orches-
tra, conducted by Jurgen de Lemos, will perform at 7:30 p.m. on Feb. 7 at Littleton United Methodist Church, 5894 S. Datura St., Littleton, featur-ing pianist Jiaqi Long. Tickets cost $15/ $12/ free 21 and under: little-tonsymphony.org, or Gorsett Violin Shop, 8100 Quebec St. B 206, Centen-nial (M-F 12-6; Sat 10-4). Informa-tion: 303-933-6824, [email protected].
16 Englewood Herald January 24, 2014
16-Color
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A crucial time in U.S. history‘The Whipping Man’ plays at Curious TheatreBy Sonya [email protected]
Thunder rumbles and rain pounds on the windows of a dam-aged, seemingly deserted man-sion in Richmond, Va. Lightening flashes as the front door opens and a wounded, limping man falls into the room. It is April, 1865.
“Where is everyone?” he asks, c l u t c h i n g his leg and m o a n i n g . It’s Caleb de Leon (Sean Scrutchins), son of the m a n s i o n’s owner, just r e t u r n e d from the horrors of Petersburg and the Civil War.
The Con-federacy has surrendered and Lincoln has issued the Eman-cipation Proclamation, freeing the slaves. Richmond is in ruins and freed slaves don’t know what to do with their new status.
The play pictures a key moment in American history, bringing it to a most personal level.
An older black man, Simon (Cajardo Lindsey), a former de Leon slave, enters from the back of the house, carrying a lantern, and begins talking to Caleb, as he exam-ines the wound — gangrene means
amputation is needed right now if Caleb is to live, he says, having gained experience working in the army hospital....”Get as drunk as you can,” Simon says, handing him a whiskey bottle after he cleans the wound with the whiskey.
At this point, a masked man peers in the window, then enters. It’s John (Lawrence Curry), a young-er former slave, who has been out stealing food, whiskey, furnish-ings, some very welcome coffee and more from adjoining deserted homes. Burlap bags accumulate through the evening as he keeps scavenging.
Simon commands him to help with the amputation, accom-
plished in a bit of theater magic — and we’re only 30 minutes into the script.
Tension lets up a bit from here on as the men discuss their mutual past in this house — including, for the slaves, occasional forced visits to the Whipping Man as punish-ment decreed by Caleb’s father. John, who was Caleb’s age and a close playmate, recalls a day that Caleb asked to use the whip on John, a shocking few minutes that illustrated a lifestyle now gone.
Simon is pining for his wife Eliz-abeth and his daughter Sarah, who are with the master, he thinks. This connects to a packet of letters Caleb is carrying — written to the same
Sarah, his secret love. Simon remembers that it’s the
first night of Passover and he de-cides to hold a Seder dinner. We learn from the director’s notes that there were about 50,000 Jews in the south at the time and masters would bring their slaves into that faith, so Simon knew the ritual and even had a family Haggadah his master had given him. The cere-mony, referring to the escape of the Jews from slavery long ago, symbol-izes so much.
Food substitutions were made — a few pieces of hardtack served as matzoh bread. Candles were lit and John, highly literate when it was illegal to teach a slave to read,
said the prayers. “Your mother taught me the ABCs,” he told Caleb.
This intimate scene and the beautifully written script bring what was a horrendous time right into the faces of the audience.
As a final blow, John tells Simon that the master has sold Elizabeth and Sarah and Simon leaves to search for them, after letting John and Caleb know that they share the same father.
As the play ends, the two men are alone together. Will they stay? Where does the future lead?
“The Whipping Man” is abso-lutely stunning theater, sending a viewer home with a great deal of material for thought.
Lawrence Curry, Cajardo Lindsey and Sean Scrutchins celebrate a post Civil War Seder in “The Whipping Man” at Curious Theatre. Courtesy photo by Michael Ensminger
if you go“The Whipping
Man” plays through Feb. 15 at Curi-ous Theatre, 1080 Acoma St., Denver. It is directed by Kate Folkins and Chip Walton. Perfor-mances are at 8 p.m. Thursdays, Fridays, Saturdays; 2 p.m. Sundays. Tickets cost $18 to $44, 303-623-0524, curiousthe-atre.org
EnglewoodSPORTS17-Sports-Color
ENGLEWOOD HIGH SCHOOL
Boys basketball
Englewood 46, Weld Central 56Isiah Mestas led Englewood in points with 18 and had three 3-pointers. Colton Korinek had three assists and eight rebounds. Sean Bowering came away with four blocks and six rebounds. Austin Trail was player of the game when he held one of Weld Central’s top scorer’s to only 13 points on the night.
Girls basketball
Englewood 34, Denver West 40Englewood was held to one point in the � rst quarter compared to Denver West’s 15. Down by 10 at halftime, Englewood scored 10 points in the third quarter and 11 in the fourth, but it was too late as Denver West came up with the 40-34 win. Sydney Gonzales came away with eight points on the night and Kadie Kavinsky scored seven points. Maddie Smith had nine rebounds, while Ty Lucas had seven. Both Gonzales and Miranda Hol-man had six rebounds.
Englewood 17, Weld Central 38Julie Kline led her team with eight points in the 38-17 loss against Weld Central. Ty Lucas had eight rebounds in the game and Kadie Kavinsky had six rebounds. Ka-vinsky was 3-for-5 at the free throw line and Kline was 2-for-4.
UPCOMING GAMES
Boys basketball
FRIDAY7 p.m. - Englewood vs. SkyviewTUESDAY7 p.m. - Englewood vs. Elizabeth
Girls basketball
FRIDAY7 p.m. - Englewood @ SkyviewTUESDAY7 p.m. - Englewood @ Elizabeth
Prep sports ScoreboardPrep sports ScoreboardPrep sports Scoreboard
PREP SPORTS SCOREBOARDWould you like to see your team on the board? Contact sports reporter Kate Ferraro at [email protected] or go to http://englewoodherald.com/scores/ and click on Post to the Scoreboard.
Englewood Herald 17 January 24, 2014
Pirates lose tough hoops battle Englewood girls fall short to Denver West By Tom Munds [email protected]
After scoring just one point in the fi rst quarter, Englewood fought a tough, uphill- battle, came close to taking the lead, but lost the Jan. 16 girls basketball game to Denver West, 40-33.
“Tonight is like the story of our season,” Pirates coach Tome Rode said after the game. “We don’t play well in the fi rst quar-ter then come out and play great in the second, third and fourth quarters. If we can fi gure out how to play well in the fi rst quarter, we’ll probably win some of these games.”
Englewood returned to action Jan. 21 on the road at Vista Peak and they play at Skyview Jan. 24. The Pirates are at home Jan. 28 against Elizabeth.
Home games are triple-head-ers with the c-team game start-ing at 4:15 p.m., the junior varsity tipoff scheduled at 5:45 and the varsity game scheduled to start at 7:15. Admission is $5 for adults and $3 for students with school identifi cation. A single ticket is good for all three games.
The Jan. 16 Englewood-Den-ver West game got off to a very slow start. The Cowboys were
ahead 7-1 with 1:23 left in the fi rst period and all those points were scored from the foul line. Then, Denver West found the range outside and stretched the lead to 15-1 by the end of the quarter.
Starting in the second quar-ter, Englewood adopted a very aggressive defensive style which slowed the Cowboy attack, plus Englewood began to hit some of its shots. By halftime, Denver West was leading 23-13 but the Pirates scored the fi rst six points of the third quarter to cut into the lead.
The battle continued and Denver West led 26-23 going into the fi nal quarter. Three times in the period, the Pirates pulled to within three points but got no closer. Down the stretch, the Cowboys hit their foul shots to preserve the win, 40-33.
“I couldn’t be prouder of the effort of our players,” Rode said. “These kids are all heart and all guts so nothing slows them down. Their refusal to toss in the towel and to keep on battling no matter the other team’s lead defi nes who these players are.”
Freshman Sydney Gonzales led the team in scoring with 8 points.
“This was a good game for me. I felt like I sort of got into the groove and showed what I can do,” she said after the game. “Tonight, I drove to the hoop and got most of my points on inside shots. I want to work on hitting
my foul shots and improving my outside shooting, including hit-ting my three-point shots.”
Gonzales said she feels her quickness helps her play good defense. Also, her height helps her go after the rebounds and scoring on inside shots.
Teammate Kadie Kavinsky scored 7 points for the Pirates.
“It was a tough game tonight.
It was very physical out there to-night,” she said. “All of us started out fl at in the fi rst quarter. Then I started hitting some shots and so did my teammates as we tried to make a game of it. It is good to come back and make it a close game but it would have felt better if we had gotten the win.”
Kavinsky said it has been a good season overall.
“We have had a couple tough losses but we are playing hard every game, we have three wins and that is more than we had last season,” she said. “I feel good about the season and I think all my teammates do too. The new coach is working with us, helping us get better so we keep going out trying to win games.”
Pirate freshman Sydney Gonzales (right) brings the ball up the court against a Denver West defender during the Jan. 16 non-league game. Gonzales was Englewood’s leading scorer with a career-high eight points but Denver West got the win, 40-33. Photo by Tom Munds
Bruins o� and running on hardwood Creek moves to 4-0 in Centennial League
By Jim Benton [email protected]
Yes, Cherry Creek is off to a good start in the Centennial League boys basketball chase. And, yes, the Bruins are looking ahead.
Despite winning its fi rst four league en-counters, the No. 4-ranked Bruins know that they will have to continue playing well to survive in the tough Centennial League that had fi ve of the state’s Top 10 teams in last week’s CHSAANow.com poll.
Cherry Creek played at Smoky Hill Jan.
22 and will travel to fi fth-ranked Overland Jan. 24, before No. 10 Grandview comes to Creek for a Jan. 29 game. Then the sec-ond round of the home-and-home league schedule begins and the Bruins have to play each one of the loop teams again.
The Bruins started and fi nished strong in a 58-41 Centennial triumph over Mul-len on Jan. 15 and improved to 4-0 in the league and 11-2 overall with a 59-49 vic-tory over Cherokee Trail two nights later.
“We’ve had a good run so far but in our league every night someone can beat you,” said Creek senior Griffi n Parr. “We have to be playing every night.”
Bruins coach Mike Brookhart just laughed when he was teased about the Bruins good start. “There’s a lot of season left, a lot of games to be played,” he said. “We’re happy where we are at but we know
we have to play again Friday night.”The Bruins are playing with a well-
rounded team in which every player con-tributing.
Parr is the team’s scoring leader but the Bruins have other players who can hurt opposing defenses. “Every night it could be someone else,” Parr pointed out.
“We work really hard on being a total team,” added Brookhart. “We have a good group of kids that play well together. They share the ball well and they are happy when their friend scores. We have some good size at all positions.”
In the Bruins’ home win over Mullen, Parr was the standout. The 6-foot-3 senior had a game-high 23 points, grabbed four rebounds, handed out three assists and blocked two shots.
Cherry Creek led by 14 points several
times in the second quarter but the Mus-tangs made it close late, trimming the Bru-ins lead to fi ve points twice in the fourth quarter.
That’s when Parr took over.With Creek on top, 44-39, Parr drove to
the basket for a layup with 4:28 to play that sparked a 12-2 run by the Bruins to fi nish the game. Parr had fi ve of the 12 points and two rebounds and a blocked shot in the fi -nal four-plus minutes of the game.
“We kind of let them get back into the game,” he said. “We were up double dig-its, kind of got complacent on defense and let them do whatever they wanted. I was thinking when it got down to single digits and we were turning it over and not playing good defense, we had to get some points. No one else was really doing it so I tried to.”
18 Englewood Herald January 24, 2014
18-Color
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Editor’s notE: To add or update a club listing, e-mail [email protected].
rEcrEation
chErry crEEk Anglers meets at 7 p.m. every second Thursday in the Lodge Meeting Room at Gander Mountain Sports, 14000 E. Jewell Ave. Call Dennis at 303-841-3612.
kilowatt Eights is for people interested in square dancing. Dances are the first, third and fifth Friday each month at Malley Senior Center in Englewood. Call Ron at 303-759-4862.
MountainEErs squarE Dance Club meets the first, third and fifth Saturdays of the month at the Valley View Church of God, 4390 S. Lowell Blvd., Englewood, to square dance. Dances start at 8 p.m. Everyone is welcome to come and watch. This is a healthy activity for all. Call 303-798-4472.
PoEtry night honors the great Edgar Allan Poe by reading poetry at The Attic Bookstore, 200 W. Hampden Ave., near Hampden and Bannock in Englewood. Take originals or an old favorite to read to others. Readings will be limited to five minutes. Sign up begins at 7 p.m. Readings begin at 7:30 p.m. All styles of poetry are welcome. Call 303-777-5352.
sErvicEs
hoMEcoMing inc. offers caregivers of low-income seniors who are frail, disabled or unable to live alone without care in Adams, Arapahoe, Jefferson and Denver counties respite care. Assistance includes personal care and homemaking. Call Pamela Dombrowski-Wilson or Trini Martinez at 303-526-2318 for an application and information.
social
araPahoE sErtoMa Club meets on Thursdays at the Englewood Elks Club, 3690 S. Jason, Englewood. Contact Ken Kelley at 303-789-9393 or [email protected].
daughtErs of the American Revolution, Columbine Chapter meets at 1 p.m. every second Saturday at Castlewood Library, 6739 S. Unita St., Englewood. Call Michelle Brown at 303-979-7550.
daughtErs of the British Empire is a national organization with a philanthropic purpose. For almost a century, DBE has been a common bond for women of British heritage living in the United States. DBE is open to women who are citizens or residents of the U.S. who are of British Commonwealth birth or ancestry or who are married to men of British Commonwealth birth or ancestry. There are six chapters in Colorado, including chapters in Littleton, Englewood, Centennial, Evergreen and
Boulder County. Call Chris at 303-683-6154 or Olive at 303-347-1311, or visit www.dbecolorado.org and use the contact form available.
sErtoMa club of DTC meets on Thursdays at Mangia Bevi Restaurant, Englewood. Contact David Oppenheim at 303-850-7888 or [email protected].
EMbroidErErs guild of America Colorado Chapter meets at Bethany Lutheran Church at Hampden Avenue and Colorado Boulevard in Englewood the fourth Tuesday each month from 9:30 a.m. to noon, excluding December and July. Meetings include needlework projects, needle art education, lectures and workshops of all levels. Guests are invited. Call Marnie Ritter at 303-791-9334.
thE EnglEwoXod Lions Club meets at 7 a.m. every Thursday at the Grill at Broken Tee Golf Course, 2101 West Oxford Avenue. Previously the Lions Club met every Wednesday at noon. The change in time is being made to better accommodate working men and women in the Englewood area who are interested in serving the community. Please join the Lions for breakfast and a weekly program and learn more about Lions Club International and the activities of the Englewood Lions Club.
thE rotary Club of Englewood meets each Wednesday at 12:15 p.m. at the Wellshire Inn, 3333 S. Colorado Blvd, Denver. For information, contact Josh Staller at 303-721-6845, or visit rotaryclubofenglewood.org.
friEndshiPs arE Golden, a Precious Moments collectors club, meets the fourth Thursday each month at Castlewood Library in Englewood. Dinner provided by club members at 6 p.m., meeting from 7-9 p.m. Give back to the community by doing local charity work. Talk and share stories about Precious Moments. Call Leota Stoutenger, club president, at 303-791-9283.
gracE chaPEl Mothers of Preschoolers meets second and fourth Wednesdays from 9-11:30 a.m. at Grace Chapel, I-25 and County Line Road, Englewood. Call Karleen Wagner at 303-799-4900 or visit www.gracechapel.org.
kiwanis club of Englewood believes it has an obligation to be involved in com-munity projects. Members meet Wednesdays 7 a.m. at The Neighborhood Grille 1500 W. Littleton Blvd. Everyone is welcome to join and have breakfast on Kiwanis. Call 303-783-9523.
toastMastErs - Meridian Midday. Experienced professionals and beginning speakers alike can benefit from our practical, face-to-face learning program. Whether you’re speaking to the board of directors, your customers, your co-workers or your kids, Toastmasters can help you do it better. We meet every Thursday from 11:35 a.m. to 12:35 p.m. at the American Family Insurance Building, 9510 South Meridian Blvd. in Englewood. For more information, contact our current VP of Membership, Brent Hilvitz at 303-668-5789. We hope you will visit us and check out Meridian Midday Toastmasters. www.meridianmidday.com
nEwcoMErs at Grace Chapel in Englewood welcomes women who are new to the Denver area. Learn about the group’s ongoing Bible study, make new friends, and be encouraged about God’s faithfulness and what happens after the boxes are unpacked. Call Carolyn Chandler at 303-660-4042 for information on welcome teas, Bible study, field trips and get acquainted luncheons.
rotary club of Denver Tech Center meets from 11:45 a.m. to 1:15 p.m. Tuesdays at the Glenmoor Country Club in Englewood. Call Larry McLaughline at 303-741-1403.
widowEd MEn and women of America, Come join us and make new friends and share in a variety of activities. Our monthly meetings are the third Wednesday of the month at 5 p.m. at Rox Bar and Grill, 12684 W. Indore Place, in Jefferson County. For more information call Mel at 303-973-8688or Nan at 728-981-1841.
south suburban Women’s Connection, affiliated with Stonecroft Ministries, meets from 9-11 a.m. the second Wednesday of every other month beginning in January at Maggiano’s, 7401 S. Clinton St. The brunch includes a feature and an inspirational speaker. For details, reservations and complimentary nursery, call Rachel Lee at 303-866-1444 or e-mail [email protected].
whatcha rEadin’ meets at 7 p.m. monthly at The Attic Bookstore, 200 W. Hampden Ave., near Hampden and Bannock in Englewood. If having a prescribed
reading list isn’t appealing, but gushing about an amazing or horrible read is, this is the right book club. Discuss books and get recommendations from other avid readers. Call 303-777-5352.
suPPort
adult childrEn of Elderly Parents, a Denver-area group of caregivers and relatives of elderly looking for support and resources, meets twice monthly at Malley Senior Center, 3380 S. Lincoln Street, Englewood. Meetings often include speakers from medical, counseling and housing services. Call Marina at 720-272-2846.
brEast cancEr Support Group meets Tuesdays 5:30-6:30 p.m. at Swedish Medical Center, 501 E. Hampden Ave., Englewood, second floor Conference Center, Spruce B. Patients, survivors and caregivers are welcome to attend. Meetings are free and open to the public. RSVP to Kelly Topf, oncology patient care coordinator, at 303-319-8638.
hEPatitis c Support Group. The group meets on the fourth Tuesday of every month at 1000 Englewood Parkway from 7-8:30 p.m. Contact is Deidrea at 303-504-1853.
lung cancEr Support Group meets from 7-8 p.m. Tuesdays at Swedish Medical Center, 501 E. Hampden Ave., in the second-floor Conference Center, Spruce B, in Englewood. Patients, survivors and caregivers are welcome. Meetings are free and open to the public. To reserve a spot call Kelly Topf, oncology patient care coordinator, at 303-319-8638.
MEridian Parkinson’s Support Group is a unique group. The group is open for Parkinson’s patients and their care-givers. The group will divide into patients in one group and care-givers in another at the April meeting, so that people will be able to get into particular issues and problems and share the successes and failures we experience in dealing with Parkinson’s disease.Attend meetings at 10 a.m. the third Tuesday of each month in the Sky Room of the Meridian building, 3455 S. Corona, Englewood. For more information, contact Gail Greenwood, facilitator, at 303 805 3590
naMi suPPort group for family members and friends of persons with mental illness meets from 7-8:30 p.m. the fourth Wednesday of the month January through October and the second Wednesday of the month November and December at Arapahoe/Douglas Mental Health Network, 155 Inverness Dr. West, second floor, Englewood.
naMi inforMation programs for consumers, family members and friends meet from 7-8:30 p.m. the second Wednesday January through May and September and October at Arapahoe/Douglas Mental Health Network, 155 Inverness Dr. West, second floor, Englewood.
narconon rEMinds families that abuse of addictive pharmaceutical drugs is on the rise. Learn to recognize the signs of drug abuse and get your loved ones help if they are at risk. Call Narconon for a free brochure on the signs addiction for all types of drugs. Narconon also offers free assessments and referrals. Call 800-431-1754 or go to DrugAbuseSolution.com. Narconon also can help with addiction counseling. Call for free assessments or referrals, 800-431-1754.
ovErEatErs anonyMous meets from 10-11 a.m. and from 7-8 p.m. Wednes-days in the Sedalia Room at New Hope Presbyterian Church, 2100 Meadows Parkway, Castle Rock.
PEriPhEral nEuroPathy Support Group The Denver Branch meets from 3:30-5 p.m. the first and third Thursdays of every month at Christ Church United Methodist, 690 Colorado Blvd., Denver; parking and entrance in the back. For information about the Denver Branch meetings, call Dorothy Miller at 303-814-2112 or email [email protected].
CLUBS IN YOUR COmmUNItY
Editor’s notE: Calendar submissions must be received by noon Wednesday for publication the following week. Send listings to [email protected]. No attachments, please. Listings are free and run on a space-available basis.
Jan. 24
india’s story India has the fifth-largest economy in the world, yet 25 percent of the population lives below the poverty line. India’s universities produce an educated elite that competes with the best in the world, while more than a quarter of the country remains illiterate. Economic opportunity abounds for the upper class and men, while the lower classes and most women live a narrow existence. Join Active Minds from 10-11 a.m. Friday, Jan. 24, as we explore these and other contrasts as we seek to understand India and how it fits into the global community. This free program is sponsored by Autumn Heights Health Care Center and takes place at Malley Senior Center, 3380 S. Lincoln St., Englewood. RSVP at 303-762-2660. If parking in the lot, get a pass from inside the center.
Jan. 27
cart EvEnt The South Metro Health Alliance presents a Community Accessing Resources Together event from 10 a.m. to noon Jan. 27 in the large meeting room located on the lower level at Bemis Library, 6014 S. Datura St., Littleton. The event is titled “Connecting the Dots … Working Together for Our Community’s Needs.” This CART convening is a free community event to highlight the resources, information
and education from community-based and health organizations supporting better access and care coordination for all in our community. The event will start with a presentation highlighting recent research on the underserved in Arapahoe and Douglas counties, including the most pressing health issues for the south metro area. This presentation will set the stage for organizations to provide short five-minute pre-sentations regarding their services and how they are working to meet the challenges discussed in the report. Light snacks and refreshments will be available. Registration is free and attendees can sign up at www.smhaco.org, or by calling Traci Jones on 303-793-9615 or emailing [email protected].
fEb. 10, Feb. 25
tEEn addiction Arapahoe/Douglas Mental Health Network presents “Protecting Your Teen from Addiction” from noon to 1:30 p.m. Jan. 21 (event code: admhn12114) and from 5-6:30 p.m. Feb. 25 (event code: admhn22514) at the Southglenn Library, Room A, 6972 S. Vine St., Centennial; and from 6-7:30 p.m. Feb. 10 (event code: ad-mhn210) at the network’s Castle Rock office, 831 S. Perry St., Suite 100. In this class, you will learn about trends in substance abuse in our community, how to talk about drugs and alcohol, signs of substance abuse in teens, prevention and early interven-tion, effects of substances on the brain and brain development, and shifts in views on marijuana use and legalization. Use the event code listed to register for classes at Blacktie https://www.blacktie-colorado.com/index.cfm.
tHINGS tO DO
Let us ceLebrate with youHave a wedding, anniversary, engagement, birth and special occasion coming up? Share it! Colorado Community Media invites you to place an announcement to share your news. Please call 303-566-4100 for package and pricing information. Deadline is 10 a.m. Tuesdays the week preceding the announcement.
Englewood Herald 19 January 24, 2014
19-Color
OF GAMESGALLERYc r o s s w o r d • s u d o k u
& w e e k l y h o r o s c o p e
GALLERY OF GAMESc r o s s w o r d • s u d o k u & w e e k l y h o r o s c o p e
SALOME’S STARSFOR THE WEEK OF JAN 20, 2014
ARIES (Mar 21 to Apr 19) Although you’re getting kudos and other positive reactions to your sugges-tions, don’t let the cheers drown out some valid criti-cisms. Better to deal with them now than later.
TAURUS (Apr 20 to May 20) Following your keen Bovine intuition pays off, as you not only reassess the suggestions some people are putting in front of you, but also their agendas for doing so.
GEMINI (May 21 to Jun 20) You continue on a high-enthusiasm cycle as that new project you’ve assumed takes shape. You’re also buoyed by the anticipation of receiving some good news about a personal matter.
CANCER (Jun 21 to Jul 22) Your eagerness to im-merse yourself in your new assignment is understand-able. But be careful that you don’t forget to take care of that pressing personal situation as well.
LEO (Jul 23 to Aug 22) This is a good time to learn a new skill that could give a clever Cat an edge in the up-coming competition for workplace opportunities. Enjoy the arts this weekend with someone special.
VIRGO (Aug 23 to Sept 22) You could risk creating an impasse if you insist on expecting more from oth-ers than they’re prepared to give. Showing flexibility in what you’ll accept could prevent a stalemate.
LIBRA (Sept 23 to Oct 22) Although you can weigh all factors of a dispute to find an agreeable solution for others, you might need the skilled input of someone you trust to help you deal with an ongoing situation of your own.
SCORPIO (Oct 23 to Nov 21) The good news is that your brief period of self-doubt turns into a positive “I can do anything” attitude. The better news is that you’ll soon be able to prove it.
SAGITTARIUS (Nov 22 to Dec 21) This is a good time for Sagittarians to start making travel plans while you still can select from a wide menu of choices and deals, and not be forced to settle for leftovers.
CAPRICORN (Dec 22 to Jan 19) Like your zodiacal sign, the sure-footed Goat, you won’t allow obstacles in your path to keep you from reaching your goal. Don’t be surprised by who asks to go along with you.
AQUARIUS (Jan 20 to Feb 18) Let your head domi-nate your heart as you consider the risks that might be involved in agreeing to be a friend’s co-signer or otherwise act as his or her backup in a financial matter.
PISCES (Feb 19 to Mar 20) Prioritize: Resolve to close the door and let your voicemail take your phone calls while you finish up a task before the end-of-week deadline. Then go out and enjoy a fun-filled weekend.
BORN THIS WEEK: Your capacity for care and compassion helps to bring comfort to others.
© 2014 King Features Synd., Inc.
continuing to smash windows and tro-phy cases in the band, choir and orches-tra rooms. They also allegedly set fire to plaques and banners.
The fires triggered the school’s sprin-kler system, which put out the fires. How-ever, the sprinklers continued running and there was approximately four inches of accumulated water in some rooms be-fore the sprinklers were turned off.
Security cameras captured images of
the vandals and copies of the still photos and the video were distributed to news media outlets.
The three men have been taken to the Arapahoe County Detention Facility. They will be held there until official charges re-lated to the vandalism spree are filed by the Arapahoe County District Attorney’s Office.
In a news release, the Englewood po-lice thanked the public, the media and Crime Stoppers for their assistance in the investigation.
According to Englewood Schools Su-perintendent Brian Ewert, the total dam-age is estimated to be approximately $200,000.
Continued from Page 1
Suspects
triggered the sprinklers. The sprinklers put out the fires but the flow continued until there was 4 inches of water in some of the rooms.
“I was in disbelief when I came in and saw the damage,” Fore said. “I couldn’t seem to take it in the senseless disregard for re-sources and our school.”
The principal said he talked to groups of students about the vandalism. He said he felt all the students were upset and took it personally that someone would do this to their new school.
“The students take a lot of pride in this new school and they were angry that some-one would do all this senseless damage,” he said. “The attitude in the new school is dif-ferent than it used to be. The students are proud of the new school and take good care of it. For example, before we moved in here, I could walk the halls every day and pick up a wastebasket full of trash. Here in the new building, the trash I pick up would just about fill a tea cup.”
Fore explained the vandals broke into the new school from the old school demoli-
tion site. He said they used a chain to smash windows and trophy cases. The broke up a couple of trophies to use the wood for the fire they set in the band-orchestra area.
“The water damaged a number of school instruments,” the principal said. “The water ruined two upright pianos, an expensive set of drums, possibly a marimba and a kettle drum. Perhaps the biggest impact to our musicians is the loss of rehearsal time, which means our band probably won’t take part in an upcoming jazz competition.”
Fore noted that service clubs, companies and residents have stepped up and offered to help. He said there are service clubs of-fering to cover the insurance deductible of $5,000 and there are local companies offer-ing help like glass at cost or free of charge.
“It is great to have so many in our com-munity offer to help our school,” the prin-cipal said. “I appreciate the fact we have had a number of residents who live near the school come offer and tell us how sorry they were about the vandalism and offer to keep a better eye on the site for us.”
Brian Ewert, school district superinten-dent, said the recent estimates of the cost of the cleanup and repair will be between $150,000 and $200,000, most of which will be covered by insurance.
Continued from Page 1
RepairsJonathan Fore, Englwood High School principal, checks the keys of one of the upright pianos ruined Jan. 12 when vandals started fires that set off the school’s sprinkler system. Photo by Tom Munds
Bishop Elementary School3100 S. Elati St. Ph: 303-761-1496
Jan. 24The Parents Advisory Council will meet
at 9 a.m.Jan. 30Progress reports are sent home with
students.Jan. 31A Spotlight Assembly will be held, hon-
oring individual students for academic and citizenship achievements.
Charles Hay World School3195 S Lafayette Ave., Ph: 303-761-8156
Jan. 24A Cougar Roar Assembly will be held
so individual students can be honored for citizenship and academic achievements.
Jan. 29The Hay Science Fair will be held start-
ing at 4:30 p.m.Jan. 30The Parent-Teacher Association will
meet at 7 p.m.Jan. 31Family soup night will be held at 6 p.m.
Clayton Elementary School4600 S. Fox St. Ph: 303-781-7831
Jan. 24The Parent-Teacher Organization is
sponsoring a family dance from 6 to 8 p.m.Jan. 30First-graders will perform a music
program at 7 p.m.
Cherrelyn Elementary School4500 S. Lincoln St. Ph: 303-761-2102
Jan. 28Fine arts night will be held at 6:30 p.m.
and will include a poetry reading.
Englewood Middle School300 W. Chenango Ave. Ph: 303-7817817
Jan. 27A Soar Assembly will be held at 9:30
a.m. to honor individual students for citi-zenship achievements.
Jan. 29The boys basketball team will play
Denver Christian. At all home basketball games, the seventh-graders play at 4 p.m. and eighth-graders play at 5 p.m.
Englewood High School3800 S. Logan St., Ph 303-806-2266
Jan. 27-29Students will follow a different sched-
ule as they take semester final exams.Jan. 30The school begins its second semester.
SCHOOL CALENDAR
20 Englewood Herald January 24, 2014
20
Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 ofDECEMBER 2013 for each County affected.
13CW3041 City and County of Denver, acting by and through its Board of Water Commissioners (“Denver”), 1600 West 12th Avenue, Denver, Colorado 80204, FIRST AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND APPROPRIATIVE RIGHTS OF EXCHANGE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, IN THE CITY AND COUNTY OF DENVER, ADAMS, ARAPAHOE, BROOMFIELD, JEFFERSON, AND DOUGLAS COUNTIES, DISTRICT COURT, WATER DIVISION 1, COLORADO, Weld County Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley, CO 80632. 1. Name, Mailing Address, Email Address and Telephone Number of Applicant(s): City and County of Denver, acting by and through its Board of Water Commissioners (“Denver”), 1600 West 12th Avenue, Denver, Colorado 80204, Email: [email protected], Telephone: 303-628-6460. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION 2. Overview of Plan: Denver filed the application for Case No. 2009CW264 on December 29, 2009. As part of that application, the Mounding Drain associated with the Bambei-Walker Reservoir (formerly known as the Miller Reservoir and is part of the South Reservoir Complex) was included as a point of diversion for the 1,129 acre-foot fill and refill storage right. The Mounding Drain diverts groundwater tributary to the South Platte River into Bambei-Walker Reservoir. Storage of this tributary groundwater in the reservoir may cause out of priority depletions to the South Platte River. This Plan for Augmentation serves to quantify and replace the depletions in time, amount and location to prevent injury to other water rights. At times, the plan for augmentation will operate the exchanges applied for herein, when the replacement water is returned to the South Platte River below the point of depletion from the claimed Mounding Drain water rights. The South Reservoir Complex and associated Mounding Drain are shown on Exhibit A. 3. Name(s) of structure(s) to be augmented. South Reservoir Complex Mounding Drain. Remark: The information contained in Paragraphs 3.1 through 3.7 is for reference and background only as related to the structure and right to be augmented, and is not intended to change, alter or amend the information contained in the pending application or final decree to be entered in Case No. 2009CW264 WD1. 3.1. Pending Application Associated with Structure: Application, Case No.: 2009CW264, Water Division No. 1. 3.2. Legal Description of Structure (Mounding Drain Wet Well and Pump): 3.2.1. Legal Description Using the Public Land Survey System (PLSS). The South Reservoir Complex Mounding Drain is generally located between the Burlington Ditch and the slurry wall that surrounds Bambei-Walker Reservoir. The ground water collected by the dewatering system is collected and pumped at a point located in the NW1/4 of the SE1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado, approximately 1,443 feet from the east section line and 2,396 feet from the south section line. The ground water collected by the dewatering system is discharged into Bambei-Walker Reservoir at a point located in the NW1/4 of the SE1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado, approximately 1,519 feet from the east section line and 2,215 feet from the south section line. A map showing the approximate location of the ground water mounding drain system pump and discharge point is attached hereto as Exhibit A. 3.2.2. Location information in UTM Format. The location of the Mounding Drain Pump is Northing: 4407702.34, Easting: 504660.60, UTM Zone 13. The location where the Mounding Drain discharges into Bambei-Walker Reservoir is Northing: 4407646.74, Easting: 504636.79, UTM Zone 13. Source: GPS Device Survey Grade; Accuracy: accuracy is within 2cm (horizontally) and 4cm (vertically). 3.3. Appropriation date. December 29, 2009. 3.4. Amount. 3.4.1. Flow Rate. 2 c.f.s. (CONDITIONAL). 3.4.2 Volume. Applicant seeks an annual volumetric limit of 1,129 acre-feet (CONDITIONAL) with the right to refill up to 1,129 acre-feet (CONDITIONAL). 3.5. Source of Water. Alluvial groundwater tributary to the South Platte River. 3.6. Uses. The water diverted and stored under the water right proposed herein will be used for non-agricul-tural irrigation, commercial, industrial and all municipal uses; including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns, grounds, open spaces, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, replacement of lake and reservoir evaporation, and augmentation and/or replacement. Such water may be fully consumed by following storage and subsequent release, and by reuse, successive use, further exchange and disposition, subject to the terms and conditions of this Decree. 3.7. Place of Use. The water diverted and stored under the water right proposed herein will be placed to beneficial use wherever Denver Water may, now or in the future, legally provide water. The place of use includes Denver Water’s service area as it exists now as approximately shown on the map attached hereto as Exhibit B or may exist in the future, within Denver, Arapahoe, Douglas, Jefferson, Adams, and Broomfield Counties, Colorado. 4. Water right(s) to be Used for Augmentation. Denver owns water rights originally decreed in the South Platte River basin for direct flow irrigation uses and has changed the consumptively used portions of these rights, by decree, to all municipal uses. Denver’s transmountain water rights, decreed changed irrigation rights, and decreed nontributary water rights may be used for all municipal purposes as well as exchange, augmentation, replacement of depletions, reuse and successive uses. Water from these fully consumable sources will be made available in the amounts and at locations necessary to replace out-of-priority depletions pursuant to the plan for augmentation decreed herein. Denver retains dominion and control over its consumptive use, transbasin, and nontributary water sources after the water has been used, reused, and successively used until extinction, including its lawn and landscape irrigation return flows as determined in Case No. 04CW121, Water Division 1. Water from these sources that is once or successively used through Denver’s water system and returned to the South Platte River, and its tributaries will be made available in the amount and at locations, including, but not limited to, outfalls of the various wastewater treatment plants that discharge effluent attributable to Denver’s water service areas, necessary to replace out-of-priority depletions pursuant to the plan for augmentation decreed herein: 4.1. Beery Ditch (Case No. W-7739-74), Appropriation Date: June 15, 1861. Pursuant to this decree, Denver is entitled to divert and consumptively use 1,600 acre-feet annually. 4.2. Four Mile Ditch (Case No. 80CW313), Appropriation Date: June 1, 1868. Pursuant to this decree, Denver is entitled to divert and consumptively use 544 acre-feet annually. 4.3. Brown Ditch (Case No. 86CW014), Appropriation Date: November 30, 1862. Pursuant to this decree, Denver is entitled to divert and consumptively use 158 acre-feet annually. 4.4. Nevada Ditch (Case No. 90CW172), Appropriation Dates: Priority No.
4 -August 30, 1861; Priority No. 19 - December 30, 1865. Pursuant to this decree, Denver is entitled to divert and consumptively use 1,209 acre-feet annually. 4.5. Last Chance Ditch (Case No. 92CW014), Appropriation Dates: Priority No. 14 - December 30, 1863; Priority No. 39 - March 3, 1868. Pursuant to this decree, Denver is entitled to divert and consumptively use 242 acre-feet annually. 4.6. Pioneer Union Ditch (Case No. 91CW100), Appropriation Dates: Priority No. 5 - December 10, 1861; Priority No. 11 - September 1, 1862. Pursuant to this decree, Denver is entitled to divert and consumptively use 498.6 acre-feet annually. 4.7. Hodgson Ditch (Case No. 91CW102), Appropriation Date: Priority No. 3 - June 1, 1861. Pursuant to this decree, Denver is entitled to divert and consumptively use 44 acre-feet annually. 4.8. Harriman Ditch (Case No. 91CW103), Appropriation Dates: Priority No. 23 – March 16, 1869; Priority No. 25 – May 1, 1871; Priority No. 30 – March 1, 1882. Pursuant to this decree, Denver is entitled to divert and consumptively use 615.3 acre-feet annually. 4.9. Robert Lewis Ditch (Case No. 91CW105), Appropriation Date: Priority No. 19 - October 1, 1865. Pursuant to this decree, Denver is entitled to divert and consumptively use 207.78 acre-feet annually. 4.10. Simonton Ditch (Case No. 91CW106), Appropriation Date: Priority No. 2 – December 25, 1860. 4.11. Warrior Ditch (Case No. 91CW109), Appropriation Dates: Priority No. 4 - December 1, 1861; Priority No. 8 - April 16, 1862; Priority No. 14 -October 31, 1864. Pursuant to this decree, Denver is entitled to divert and consumptively use 939.1 acre-feet annually. 4.12. Blue River Diversion Project (Water District No. 36, Summit County Case Nos. 1805 and 1806 and Consolidated Case Nos. 2782, 5016, and 5017, U.S. District Court), Appropriation Date of June 24, 1946. 4.13. Straight Creek Conduit of the Roberts Tunnel Collection System (Water District No. 36, C.A. No. 2371), Appropriation Date: January 21, 1957. 4.14. Fraser River and Williams Fork Diversion Projects (Water District No. 51, Grand County, C.A. No. 657), Appropriation Date of July 4, 1921. This source may be used as a replacement supply under this plan to the extent allowed by the 1940 Agreement except as otherwise modified. 4.15. Darling Creek Extension of the Williams Fork Diversion Project (Water District 51, Grand County, C.A. No. 1430), Appropriation Date of August 26, 1953. 4.16. Moffat Tunnel Collection System (Water District No. 51, Grand County, C.A. No. 1430), Appropriation Date of August 30, 1963. 4.17. Hamilton-Cabin Creek Ditch, Extension and Enlargement of Hamilton-Cabin Creek Ditch, Meadow Creek Reservoir (Water District No. 51, Grand County, C.A. No. 657), Appropriation Date of July 2, 1932. 4.18. LFH-1 Well (Permit Nos. 32363-F and 35393-F), withdrawing non-tributary water from the Laramie-Fox Hills Aquifer, decreed in Case No. 88CW149, W.D.1 for an average annual amount of 141 acre-feet. 4.19. South Platte Gravel Pit Storage Right (Case No. 2001CW286 WD1), Appropriation Date: December 28, 2001, for a South Platte storage right for the use and reuse of 2,400 acre-feet stored in the South Reservoir Complex, and 17,747 acre-feet stored in the North Reservoir Complex, with the right to refill. 4.20. Recycled Plant Direct Flow Water Right (Case No. 2001CW287 WD1), Appropriation Date: December 28, 2001. Only reusable return flows from this water right may be used for augmentation. 4.21. Denver Metro Wells (Case No. 2003CW186 WD1) withdrawing non-tributary and not-non tributary water from the Arapahoe, Upper Arapahoe, and Laramie-Fox Hills Aquifers. 4.22. Farmers and Gardeners Ditch Water Right, (Case No. 2009CW084 WD1), Appropriation Date: March 15, 1863. 4.23. Lupton Lakes Storage Complex Water Right, pending (Case No. 2007CW322 WD1), Appropriation Date: July 12, 2006. 4.24. South Reservoir Complex Enlargement Water Right, pending (Case No. 2009CW264 WD1), Appropriation Date: October 15, 1996. 4.25. Lawn Irrigation Return Flows (Case No. 2004CW121 WD1), Decree Date: May 15, 2012. 4.26. Denver can also release water from the above-referenced sources stored in Chatfield Reservoir, Soda Lakes Reservoirs, and Harriman Reservoir or discharged from the Metro Wastewater Treatment Plant or Littleton/Englewood (“Bi-City”) Wastewater Treatment Plant in the amounts necessary to replace out-of-priority depletions that may result from water treated by Inverness. 4.27. Water intercepted from the South Reservoir Complex Mounding Drain, including water previously stored under 09CW264 and released to the South Platte River. 5. Complete Statement of Plan for Augmentation. 5.1. Depletions from South Reservoir Complex Mounding Drain. The South Reservoir Complex is located on the east and west side of the South Platte River between I-270 and I-76. The South Reservoir Complex consists of two off-channel reservoirs designated Bambei-Walker Reservoir (formerly known as the Miller Reservoir), located between the South Platte and the Burlington ditch, and Welby Reservoir (formerly known as the Cat Reservoir), located immediately west of the South Platte River. These reservoirs are connected and integrated via an underground conduit that feeds water from Bambie-Walker Reservoir to Welby Reservoir. The South Gravel Pit Complex Mounding Drain was constructed to relieve hydrostatic pressure on Bambei-Walker Reservoir and to prevent an increase in the water table up gradient to prevent potential flooding of other structures. Because the South Reservoir Complex Mounding Drain is designed to collect water, it acts as a horizontal well which depletes the South Platte River. Flow in the Mounding Drain is currently at a near-steady state condition. When the South Reservoir Complex Mounding Drain is collecting water, Applicant will store the collected water pursuant to Case No. 09CW264 and replace any associated out-of-priority depletions on a daily basis from Welby Reservoir in the form of reservoir releases from the South Reservoir Complex. Alternatively, Denver Water may also make replacements from the locations described in Paragraph 5.2 below. When there is a call on the South Platte River downstream of the South Reservoir Complex senior to December 29, 2009, Denver Water will make releases from the South Reservoir Complex, or from an alternate location described below, in time, location and amount to the downstream senior calling water right. At times, the plan for augmentation will operate an exchange, using the exchanges applied for herein, when the replacement water is returned to the South Platte River below the point of depletion from the claimed Mounding Drain water right. 5.2. Means of Replacement. 5.2.1. Augmentation – First Use. 5.2.1.1.Sources Available on the South Platte River. Sources identified in Paragraphs 4.1 through 4.17 and 4.19 through 4.27 above are available to the South Platte River to replace to a calling water right on the mainstem of the South Platte River. 5.2.1.2. LFH-1 Well. The replacement source identified in Paragraph 4.18 is available on Cherry Creek and to the South Platte River at its confluence with Cherry Creek. This source is located in the SW/4 of the NW/4 of Section 18, Township 4 South, Range 67 West of the 6th P.M., Denver, Colorado, at a point approximately 1,850 feet from the north section line and 1,100 feet from the west section line, also described by street and number as 4360 East Virginia Avenue, Denver, Colorado. 5.2.2. Augmentation – Successive Uses. 5.2.2.1. Reuse and Successive Use. Each of the sources identified in Paragraph 0 above can be reused and successively used to extinction absent prohibitions preventing such reuse. Currently, as a result of the ruling entered in Case No. 81CW405, reuse of the source identified in Paragraph 4.14 is limited. This application does not seek to modify the decree entered in Case No. 81CW405, but Denver reserves the right to reuse water from this source beyond the limitations of such ruling if such decree is modified to permit such usage. 5.2.2.2. Sources Available on the South Platte River. Denver will account for and identify water once or successively used through its municipal system that is returning to the South Platte River, and deliver such water to the downstream calling right to
replace depletions pursuant to the plan for augmentation: 5.2.2.2.1. From the point of release into the South Platte River at the Littleton/Englewood Bi-City Wastewater Treatment Plant; or 5.2.2.2.2. By deliveries from upstream storage (Antero, Eleven Mile, Cheesman, Strontia Springs, or Chatfield Reservoirs), using water stored in these facilities under separate exchange decrees so permitting. 5.2.2.2.3. From the Farmers and Gardeners Ditch Water Right point of diversion and alternate points of diversion decreed in 2009CW084 WD1. 5.2.2.2.4. From the point of release into the South Platte River at the Metro Outfall; or 5.2.2.2.5. By deliveries from the South Gravel Pit Complex, North Gravel Pit Complex, and Lupton Lakes Reservoir Complex of fully consumable water or water decreed for augmentation having been stored in these facilities. 5.2.2.2.6. Lawn and Landscape Irrigation Return Flows. Return flows from outdoor water uses and lawn irrigation return flows (“LIRFs”) accrue from various points throughout Denver’s service area to the South Platte River and its tributaries. Applicant intends to use Denver’s LIRFs as a substitute supply in this plan for augmentation, subject to the terms and conditions decreed in Case No. 04CW121. 5.2.3. Bypass of Water Intercepted from Mounding Drain. Denver Water may replace depletions from the interception of water from the South Reservoir Complex Mounding Drain by bypassing water intercepted at the Mounding Drain and subsequently releasing an equivalent amount of water from the South Reservoir Complex to the South Platte River. CLAIM FOR APPROPRIA-TIVE RIGHTS OF EXCHANGE 6. Name of Water Right. South Reservoir Complex Mounding Drain Exchange (“Exchanges”). 7. Exchange-to and Exchange-from Locations. The Exchanges will be made from (1) Lupton Lakes Reservoir Complex; (2) the North Reservoir Complex; (3) immediately above the Fulton Ditch Headgate; and (4) the confluence of Clear Creek and the South Platte River to the location of depletions from the Mounding Drain at or near where those depletions accrue to the South Platte River on the east bank of the South Platte River between 76th Avenue and I-270 as further defined below: 7.1. Exchange-From Points. 7.1.1. Clear Creek Confluence. From the confluence of Clear Creek and the South Platte River. 7.1.2. Fulton Ditch headgate. At a location immediately above the headgate of the Fulton Ditch as it currently exists on the east bank of the South Platte River in the (NE1/4) of the (SE1/4), in Section 17, T2S, R67W, 6th P.M., Adams County, Colorado, at a point approximately 2,815 feet south and 145 feet west of the NE corner of said S17. 7.1.3. North Reservoir Complex Outlet Structure. The point where the future North Reservoir Complex Outlet Structure physically discharges water to the South Platte River, expected to be located in the NW1/4 of the NE1/4 of Section 3, Township 2 South, Range 67 West of the 6th P.M., in Adams County, Colorado. Because the location of the outlet structure has not been finalized, distances to sections lines are not available at this time. 7.1.4. Lupton Lakes Complex Outlet Structure. The point where the future Lupton Lakes Complex Outlet Structure discharges water to the South Platte River, expected to be located in the NE1/4 of the NW1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., in Weld County, Colorado. Because the location of the outlet structure has not been finalized, distances to sections lines are not available at this time. 7.2. Exchange-To Point. The exchange-to point is located at a point immediately downstream of the South Reservoir Complex at a location at or near the east bank of the South Platte River in the NE1/4 of the NW1/4 of S1, T3S, R68W of the 6th P.M., Adams County, Colorado, at a point located approximately 997 feet from North section line and 2,477 feet from West section line. 8. Appropriation Date.8.1. Date of Appropriation. May 22, 2013. 8.2. Basis. Filing date of the application at issue in this matter. 9. Flow Rate and Amount. 9.1. Flow Rate. The Exchanges, individually and in combination, shall not exceed flow rate of 2 c.f.s. 9.2 Amount. The Exchanges, individually and in combination, shall not exceed an annual amount of 1,129 acre feet. 10. Use. To replace depletions under the plan for augmentation decreed herein, and all other uses described in paragraph 3.6 above. 11. Substitute Supplies. The substitute supplies to be used for the Exchanges are those sources identified in paragraphs 0 through 0 above. 12. Exchange Matrix.
13. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. This plan for augmentation does not involve the construction of any new diversion or storage structures, or modification to any existing diversion or storage structures. Denver Water either owns or has the requisite authority to use all structures necessary to operate the plan for augmentation described herein.
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 FEBRUARY 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.
Legal Notice No.: 4627 * First Publication: January 24, 2014Last Publication: January 24, 2014 * Englewood Herald
available at this time. 7.2. Exchange-To Point. The exchange-to point is located at a point immediately downstream of the South Reservoir Complex at a location at or near the east bank of the South Platte River in the NE1/4 of the NW1/4 of S1, T3S, R68W of the 6th P.M., Adams County, Colorado, at a point located approximately 997 feet from North section line and 2,477 feet from West section line. 8. Appropriation Date.8.1. Date of Appropriation. May 22, 2013. 8.2. Basis. Filing date of the application at issue in this matter. 9. Flow Rate and Amount. 9.1. Flow Rate. The Exchanges, individually and in combination, shall not exceed flow rate of 2 c.f.s. 9.2 Amount. The Exchanges, individually and in combination, shall not exceed an annual amount of 1,129 acre feet. 10. Use. To replace depletions under the plan for augmentation decreed herein, and all other uses described in paragraph 3.6 above. 11. Substitute Supplies. The substitute supplies to be used for the Exchanges are those sources identified in paragraphs 0 through 0 above. 12. Exchange Matrix. Table 1 � Exchange Matrix Exchange To Point Exchange From Point
Confluence of South Platte River and Clear Creek
Fulton Ditch Headgate
North Reservoir Complex Outlet
Lupton Lakes Complex Outlet
Point Immediately Below South Reservoir Complex
2 c.f.s. 1,129 AF
2 c.f.s. 1,129 AF
2 c.f.s. 1,129 AF
2 c.f.s. 1,129 AF
13.Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. This plan for augmentation does not involve the construction of any new diversion or storage structures, or modification to any existing diversion or storage structures. Denver Water either owns or has the requisite authority to use all structures necessary to operate the plan for augmentation described herein. 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 FEBRUARY 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.
Notice To Creditors Public Notice
NOTICE TO CREDITORSEstate of Kent C. Lazo,
a/k/a Kent Lazo,a/k/a Kent Cornelius Lazo, Deceased
Case Number 2013PR30591
All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to District Court of Arapahoe,County, Colorado on or before May 12, orthe claims may be forever barred.
Susan A. LazoPersonal RepresentativePO Box 2152, Breckenridge, CO 80424
Legal Notice No.: 4605First Publication: January 10, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Public Notice
NOTICE TO CREDITORSEstate of DOROTHE F. BENCE
a/k/a DOROTHE BENCE, DeceasedCase Number: 2013 PR 30577
All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to on or before May 20, 2014, orthe claims may be forever barred.
/s/ Penny Lee WilsonPenny Lee Wilson,Personal Representative671 East AlgroveCovina, CA 91723
Legal Notice No.: 4606First Publication: January 10, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Public Notice
NOTICE TO CREDITORSEstate of Von J. Bunting,
a/k/a Von Bunting,a/k/a Von Joel Bunting,a/k/a Yvon J. Bunting,a/k/a Yvon Bunting,
a/k/a Yvon Joel Bunting, DeceasedCase Number: 2013PR30588
All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to District Court of ArapahoeCounty, Colorado on or before May 10,2014, or the claims may be forever barred.
Phyllis M. BuntingPersonal Representative7878 S. Logan Way, Littleton, CO 80122
Legal Notice No.: 4607First Publication: January 10, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Notice To Creditors
Public Notice
NOTICE TO CREDITORSEstate of Von J. Bunting,
a/k/a Von Bunting,a/k/a Von Joel Bunting,a/k/a Yvon J. Bunting,a/k/a Yvon Bunting,
a/k/a Yvon Joel Bunting, DeceasedCase Number: 2013PR30588
All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to District Court of ArapahoeCounty, Colorado on or before May 10,2014, or the claims may be forever barred.
Phyllis M. BuntingPersonal Representative7878 S. Logan Way, Littleton, CO 80122
Legal Notice No.: 4607First Publication: January 10, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Public Notice
NOTICE TO CREDITORSEstate of MICHELLE M. E. LIPS,
a/k/a MICHELLE MARCEL EDWIGELIPS,
a/k/a MICHELLE MARCEL LIPS,a/k/a MICHELLE M. LIPS,
a/k/a MICHELLE LIPS,a/k/a M. M. E. LIPS,
a/k/a M. M. LIPS, DeceasedCase Number 2014PR30004
All persons having claims against theabove-named estate are required topresent them to the Co-Personal Repres-entatives or to District Court of Arapahoe,County, Coloradoon or before May 19,2014, or the claims may be forever barred.
Greg Jamieson and Nancy Ryan,Co-Personal Representativesc/o Law Office of Julia Griffith McVey,PC12600 W. Colfax Ave Ste C 400Lakewood, CO 80215
Legal Notice No.: 4611First Publication: January 17, 2014Last Publication: January 31, 2014Publisher: The Englewood Herald
Public Notice
NOTICE TO CREDITORSEstate of LEONARD J. MALINOWSKI,
DeceasedCase Number 14PR30002
All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of Arapahoe,County, Colorado on or before May 24,2014, or the claims may be forever barred.
PAUL P. MALINOWSKIPersonal Representative8085 S. Logan DriveLittleton, Colorado 80122
Legal Notice No.: 4629First Publication: January 24, 2014Last Publication: February 7, 2014Publisher: The Englewood Herald
PUBLIC NOTICE
NOTICE TO CREDITORSEstate of Donald Wayne Truesdale,
DeceasedCase Number: 2013PR1035
All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of ArapahoeCounty, Colorado on or before May 31,2014 or the claims may be forever barred.
Lynne W. TruesdalePersonal Representative11108 Savin Hill LaneAustin TX 78739
Legal Notice No: 4610First Publication: January 17, 2014Last Publication: January 31, 2014Publisher: Englewood Herald
Notice To Creditors PUBLIC NOTICE
NOTICE TO CREDITORSEstate of Donald Wayne Truesdale,
DeceasedCase Number: 2013PR1035
All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of ArapahoeCounty, Colorado on or before May 31,2014 or the claims may be forever barred.
Lynne W. TruesdalePersonal Representative11108 Savin Hill LaneAustin TX 78739
Legal Notice No: 4610First Publication: January 17, 2014Last Publication: January 31, 2014Publisher: Englewood Herald
Misc. Private Legals Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3172 East Cherry Creek ValleyWater and Sanitation District (“ECCV)c/o David Kaunisto, District Manager,6201 S. Gun Club Road, Aurora, CO80016, (303) 693-3800; United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2.8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)
Misc. Private Legals
13CW3172 East Cherry Creek ValleyWater and Sanitation District (“ECCV)c/o David Kaunisto, District Manager,6201 S. Gun Club Road, Aurora, CO80016, (303) 693-3800; United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2 .8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pend ing application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)
Misc. Private Legals
United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2.8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4615First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Misc. Private Legals
United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2.8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4615First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Englewood Herald 21 January 24, 2014
21
Misc. Private Legals
United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2.8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4615First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1,
COLORADODECEMBER 2013
WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3177, THE CITY OF AURORA,COLORADO, a municipal corporationof the Counties of Adams and Ar-apahoe, acting by and through its Util-ity Enterprise (“Aurora”), 15151 EastAlameda Parkway, Suite 3600, Aurora,Colorado 80012-1555, 303-739-7370. At-torneys John M. Dingess, Esq., AustinHamre, Esq., and Peter C. Johnson, Esq.,Duncan, Ostrander & Dingess, P.C., 3600S. Yosemite Street, Suite 500, Denver,Colorado 80237-1829, 303-779-0200. AP-PLICATION FOR SURFACE WATERRIGHTS, STORAGE RIGHTS, APPRO-PRIATIVE RIGHTS OF EXCHANGE, ANDAPPROVAL OF PLAN FOR AUGMENTA-TION IN ADAMS AND ARAPAHOECOUNTIES. 2. Synopsis: The purpose ofthis Application is to provide water for theoperation and maintenance of a series ofconnected, lined ponds (hereinafter “SandCreek Park Pond System”) as a recre-ational amenity in the Sand Creek Parknear the confluence of Tollgate Creek andSand Creek in Adams County, Colorado.Aurora seeks a surface water right, a stor-age water right, appropriative rights of ex-change, and approval of a plan for aug-mentation to replace out-of-priority deple-tions caused by diversion of surface wa-ter into the pond system. When the waterrights claimed in this application are in pri-ority, Aurora will divert water into andthrough the Sand Creek Park Pond Sys-tem pursuant to those water rights. Whenthe water rights sought in this applicationare not in priority, Aurora will replace anysuch out-of-priority depletions at or abovethe point of depletion, or by the exercise ofappropriative rights of exchange claimedherein, from locations downstream of thepoints of depletion. Aurora currently estim-ates the annual depletions, without any in-priority fill, to be 20 acre-feet. Auroradoes not claim any groundwater rights inconnection with these ponds. A mapshowing the locations of Sand Creek Park,the exchange-from points and other pointsof release of substitute supply for the planfor augmentation and the lawn irrigationreturn flow (“LIRF”) quantification point isattached to the Application as Exhibit A. Amap showing the location of the SandCreek Park Pond System is attached tothe Application as Exhibit B. 3. First Claim– Surface Water Right: 3.1. StructureName: Sand Creek Park Inlet. 3.2. Pointof Diversion: On the South side of TollgateCreek in the SW1/4 of the SE1/4 of Sec.25, T3S, R67W, 6th PM, in AdamsCounty, CO. 3.3. Source: Surface watertributary to Tollgate Creek. 3.4. Amountclaimed: 0.44 cfs. 3.5. Appropriation Date:December 16, 2013. 3.5.1. How Appropri-ation was Initiated: By adoption of a resol-ution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations on December 3, 2013, andby the drafting and filing of this applica-tion. 3.5.2. Date of Application to Benefi-cial Use: N/A (conditional). 3.6. Uses: Alluses necessary and indident to use of theSand Creek Park Pond System for parkand recreational purposes, which uses in-clude but are not limited to aesthetic, fireprotection, fish and wildlife propagation,other piscatorial uses, wildlife and water-fowl habitat, incidental irrigation, and re-creation. 4. Second Claim – Storage Wa-ter Right: 4.1. Structure Name: SandCreek Park Pond System. 4.2. Legal De-scription: The Sand Creek Park Pond Sys-tem is a series of three off-channel, inter-connected lined ponds located in Sec. 25,T3S, R67W of the 6th PM in AdamsCounty, Colorado. Water will be divertedinto the Sand Creek Park Pond System atthe Sand Creek Park Inlet described inparagraph 3 above. The Centroid of PondA is located in the SW1/4 of the SW1/4 ofSec. 25, T3S, R67W of the 6th PM, at apoint 726 feet from the West section lineand 500 feet from the South section line ofsaid Sec. 25, Adams County, Colorado.The Centroid of Pond B is located in theSW1/4 of the SW1/4 of Sec. 25, T3S,R67W of the 6th PM, at a point 1,116 feetfrom the West section line and 479 feetfrom the South section line of said Sec-tion 25, Adams County, Colorado. TheCentroid of Pond C is located in the SE1/4of the SW1/4 of Sec. 25, T3S, R67W ofthe 6th PM, at a point 1,685 feet from theWest section line and 388 feet from theSouth section line of said Section 25,Adams County, Colorado. Water will bereleased from the Sand Creek Park PondSystem and returned back to Sand Creekat a point located in the SW1/4 of theSW1/4 of Sec. 25, T3S, R67W of the 6thPM, at a point 535 feet from the West sec-tion line and 665 feet from the South sec-tion line of said Section 25, AdamsCounty, Colorado. 4.3. Source: Surfacewater tributary to Tollgate Creek. 4.4.Name of Structure used to fill Reservoir:Sand Creek Park Inlet, as described inparagraph 3 above. 4.4.1. Capacity of In-let Structure: 0.44 cfs. 4.5. AppropriationDate: December 16, 2013. 4.5.1. How Ap-propriation was Initiated: By adoption of aresolution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations on December 3, 2013, andby the drafting and filing of this applica-tion. 4.5.2. Date of Application to Benefi-cial Use: N/A (conditional). 4.6. AmountClaimed: A total of 38 acre-feet. 4.6.1.Pond A: 5.28 acre-feet; 4.6.2. Pond B:6.65 acre-feet; 4.6.3. Pond C: 26 acre-feet. 4.7. Rate of Diversion for Filling theReservoir: 0.44 cfs. 4.8. Uses: All usesnecessary and incident to use of the SandCreek Park Pond System for park and re-creational purposes, which uses includebut are not limited to aesthetic, fire protec-tion, fish and wildlife propagation, otherpiscatorial uses, wildlife and waterfowlhabitat, incidental irrigation, and recre-ation. 4.9. Surface Area: A total of 4.22acres. 4.9.1. Pond A: 0.79 acres; 4.9.2.Pond B: 0.87 acres; 4.9.3. Pond C: 2.56acres. 4.10. Capacity: A total of 38 acre-feet, at least 13 acre-feet of which is es-timated to be dead storage. 4.10.1. PondA: 5.28 acre-feet, of which a de minimisamount is dead storage; 4.10.2. Pond B:6.65 acre-feet, of which a de minimisamount is dead storage; 4.10.3. Pond C:26 acre-feet, of which 13 acre-feet is es-timated to be dead storage. 4.11. Nameand address of owner or reputed ownersof the land upon which any new or exist-ing diversion or storage structure, or modi-fication to any existing diversion or stor-age structure is or will be constructed orupon which water is or will be stored, in-cluding any modification to the existingstorage pool: Applicant. 5. Third Claim:Conditional Appropriative Rights of Ex-change: 5.1. Exchange-From Points:5.1.1. Confluence of Sand Creek and theSouth Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Sec. 1, T3S, R68W, of the 6thPM, Adams County, Colorado. 5.1.2. TheOutfal l of the Aurora Sand CreekWastewater Treatment Plant, also knownas the Sand Creek Water Reuse Facility,located on Sand Creek in the NW1/4 ofSE1/4 of Sec. 26, T3S, R67W, 6th PM,Adams County, Colorado. 5.1.3. Thequantification point for Aurora’s ReusableLawn Irrigation Return Flows (“LIRFs”) asdecreed in Case No. 02CW341, Water Di-vision 1. This quantification point is loc-ated at the USGS Sand Creek gauge,(Gauge SANCOMCO.394839104570300)on Sand Creek approximately 1,400 feetupstream of the confluence of Sand Creekand the South Platte River, in the NE1/4 ofthe NW1/4 of Sec. 12, T3S, R68W, or alocation at which such gauge may be relo-cated in the future. 5.1.4. The point atwhich water will be released from theSand Creek Park Pond System and re-turned back to Sand Creek, as describedin paragraph 4.2 above. 5.2. Exchange-ToPoint: The point of diversion for the SandCreek Park Inlet as described in para-graph 3 above; 5.3. Exchange Rate: 0.44cfs, conditional. 5.4. Appropriation Date:December 16, 2013. 5.4.1. How Appropri-ation was Initiated: By adoption of a resol-ution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations on December 3, 2013, andby the drafting and filing of this applica-tion. 5.4.2. Date of Application to Benefi-cial Use: N/A (conditional). 5.5. Sources ofsubstitute supply for exchanges: 5.5.1.Any water derived from the exercise of allwater rights currently owned by Aurorathat is fully consumable or reusable fromwater sources diverted from the ColoradoRiver Basin, the Arkansas River Basin,and the South Platte River Basin, or with-drawn from the Denver Basin Aquifers, aswell as reusable municipal effluent andquantified lawn irrigation return flows. Alist of the water rights currently owned byAurora is attached to the Application asExhibit C. 5.5.2. Other water that is re-usable, fully consumable, transmountainor historical consumptive use, or decreedfor exchange or augmentation purposes,that Aurora develops adjudicates, buys,leases, or otherwise acquires in the future,said rights being situated in the Colorado,Arkansas, and/or South Platte Riverbasins. 5.6. Uses: All uses necessary andincident to use of the Sand Creek ParkPond System for park and recreationalpurposes, which uses include but are notlimited to aesthetic, fire protection, fishand wildlife propagation, other piscatorialuses, wildlife and waterfowl habitat, incid-ental irrigation, and recreation. 6. Plan forAugmentation: 6.1. Structures to be Aug-mented: 6.1.1. Structures Name: TheSand Creek Park Pond System and SandCreek Park Inlet, as described above.6.1.2. Prior decree for these structures:none. 6.2. Sources of substitute supply forplan for augmentation: 6.2.1. Aurora’s wa-ter rights, as described in paragraph 5.5above. 6.2.2. Water derived from the exer-cise of water rights Aurora acquires in thefuture, in accordance with C.R.S. § 37-92-305(8)(c). 6.3. Complete Statement ofPlan for Augmentation: Aurora will divertwater at the Sand Creek Park Inlet tomaintain the Sand Creek Park Pond Sys-tem as a recreational amenity and toprovide freshening flows to the pond sys-tem. At times when the Sand Creek ParkInlet and the Sand Creek Park Pond Sys-tem are in priority, Aurora will divert waterat the Sand Creek Park Inlet pursuant tothe water rights decreed herein. At all oth-er times, Aurora will divert water at theSand Creek Park Inlet as necessary tomaintain the pond system as a recreation-al amenity and to provide fresheningflows, and Aurora will replace any out-of-priority depletions that result from such di-versions in time, place, and amount byleaving reusable LIRFs in the stream, byreleasing water from Quincy Reservoirand conveying such water down TollgateCreek to Sand Creek, by releasing waterfrom Aurora Reservoir and conveyingsuch water down Senac Creek to CoalCreek to Sand Creek, or by exchange upSand Creek from the points identified inparagraph 5 of the Application to the ex-changes confirmed herein. When Aurorareplaces out-of-priority depletions by re-lease of water from Quincy Reservoir orAurora Reservoir, Aurora will account fortransit losses as assessed by the DivisionEngineer or Water Commissioner. Someportion of the water diverted at the SandCreek Inlet and into the Sand CreekPonds may not be fully consumed, andmay be released back to Sand Creek. Tothe extent the water rights are augmentedby fully reusable water sources and notfully consumed during such use, and suchfully consumable replacement water is re-leased back to Sand Creek, Aurora willclaim a return flow credit for such uses. Al-ternatively, the released water may be ex-changed back up to the Sand Creek Inletpursuant to the exchange decreed herein.7. Name(s) and address(es) of owner(s)or reputed owner(s) of land: The ownersof the augmented structures, points of di-version by exchange, and points of re-lease of substitute supply identified above,are as follows: 7.1. Sand Creek ParkPond System and Sand Creek Park Inlet:Aurora; 7.2. Sand Creek WastewaterTreatment Plant: Aurora; 7.3. AuroraReservoir: Aurora; 7.4. Quincy Reservoir:Aurora; 7.5. Sand Creek Gauge de-scribed in paragraph 5.1.3 of the Applica-tion: U.S. Geological Survey, Box 25046,Denver Federal Center, Denver, CO80225. (8 pages + 3 Exhibits)
Misc. Private Legals
At-torneys John M. Dingess, Esq., AustinHamre, Esq., and Peter C. Johnson, Esq.,Duncan, Ostrander & Dingess, P.C., 3600S. Yosemite Street, Suite 500, Denver,Colorado 80237-1829, 303-779-0200. AP-PLICATION FOR SURFACE WATERRIGHTS, STORAGE RIGHTS, APPRO-PRIATIVE RIGHTS OF EXCHANGE, ANDAPPROVAL OF PLAN FOR AUGMENTA-TION IN ADAMS AND ARAPAHOECOUNTIES. 2. Synopsis: The purpose ofthis Application is to provide water for theoperation and maintenance of a series ofconnected, lined ponds (hereinafter “SandCreek Park Pond System”) as a recre-ational amenity in the Sand Creek Parknear the confluence of Tollgate Creek andSand Creek in Adams County, Colorado.Aurora seeks a surface water right, a stor-age water right, appropriative rights of ex-change, and approval of a plan for aug-mentation to replace out-of-priority deple-tions caused by diversion of surface wa-ter into the pond system. When the waterrights claimed in this application are in pri-ority, Aurora will divert water into andthrough the Sand Creek Park Pond Sys-tem pursuant to those water rights. Whenthe water rights sought in this applicationare not in priority, Aurora will replace anysuch out-of-priority depletions at or abovethe point of depletion, or by the exercise ofappropriative rights of exchange claimedherein, from locations downstream of thepoints of depletion. Aurora currently estim-ates the annual depletions, without any in-priority fill, to be 20 acre-feet. Auroradoes not claim any groundwater rights inconnection with these ponds. A mapshowing the locations of Sand Creek Park,the exchange-from points and other pointsof release of substitute supply for the planfor augmentation and the lawn irrigationreturn flow (“LIRF”) quantification point isattached to the Application as Exhibit A. Amap showing the location of the SandCreek Park Pond System is attached tothe Application as Exhibit B. 3. First Claim– Surface Water Right: 3.1. StructureName: Sand Creek Park Inlet. 3.2. Pointof Diversion: On the South side of TollgateCreek in the SW1/4 of the SE1/4 of Sec.25, T3S, R67W, 6th PM, in AdamsCounty, CO. 3.3. Source: Surface watertributary to Tollgate Creek. 3.4. Amountclaimed: 0.44 cfs. 3.5. Appropriation Date:December 16, 2013. 3.5.1. How Appropri-ation was Initiated: By adoption of a resol-ution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations on December 3, 2013, andby the drafting and filing of this applica-tion. 3.5.2. Date of Application to Benefi-cial Use: N/A (conditional). 3.6. Uses: Alluses necessary and indident to use of theSand Creek Park Pond System for parkand recreational purposes, which uses in-clude but are not limited to aesthetic, fireprotection, fish and wildlife propagation,other piscatorial uses, wildlife and water-fowl habitat, incidental irrigation, and re-creation. 4. Second Claim – Storage Wa-ter Right: 4.1. Structure Name: SandCreek Park Pond System. 4.2. Legal De-scription: The Sand Creek Park Pond Sys-tem is a series of three off-channel, inter-connected lined ponds located in Sec. 25,T3S, R67W of the 6th PM in AdamsCounty, Colorado. Water will be divertedinto the Sand Creek Park Pond System atthe Sand Creek Park Inlet described inparagraph 3 above. The Centroid of PondA is located in the SW1/4 of the SW1/4 ofSec. 25, T3S, R67W of the 6th PM, at apoint 726 feet from the West section lineand 500 feet from the South section line ofsaid Sec. 25, Adams County, Colorado.The Centroid of Pond B is located in theSW1/4 of the SW1/4 of Sec. 25, T3S,R67W of the 6th PM, at a point 1,116 feetfrom the West section line and 479 feetfrom the South section line of said Sec-tion 25, Adams County, Colorado. TheCentroid of Pond C is located in the SE1/4of the SW1/4 of Sec. 25, T3S, R67W ofthe 6th PM, at a point 1,685 feet from theWest section line and 388 feet from theSouth section line of said Section 25,Adams County, Colorado. Water will bereleased from the Sand Creek Park PondSystem and returned back to Sand Creekat a point located in the SW1/4 of theSW1/4 of Sec. 25, T3S, R67W of the 6thPM, at a point 535 feet from the West sec-tion line and 665 feet from the South sec-tion line of said Section 25, AdamsCounty, Colorado. 4.3. Source: Surfacewater tributary to Tollgate Creek. 4.4.Name of Structure used to fill Reservoir:Sand Creek Park Inlet, as described inparagraph 3 above. 4.4.1. Capacity of In-let Structure: 0.44 cfs. 4.5. AppropriationDate: December 16, 2013. 4.5.1. How Ap-propriation was Initiated: By adoption of aresolution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations on December 3, 2013, andby the drafting and filing of this applica-tion. 4.5.2. Date of Application to Benefi-cial Use: N/A (conditional). 4.6. AmountClaimed: A total of 38 acre-feet. 4.6.1.Pond A: 5.28 acre-feet; 4.6.2. Pond B:6.65 acre-feet; 4.6.3. Pond C: 26 acre-feet. 4.7. Rate of Diversion for Filling theReservoir: 0.44 cfs. 4.8. Uses: All usesnecessary and incident to use of the SandCreek Park Pond System for park and re-creational purposes, which uses includebut are not limited to aesthetic, fire protec-tion, fish and wildlife propagation, otherpiscatorial uses, wildlife and waterfowlhabitat, incidental irrigation, and recre-ation. 4.9. Surface Area: A total of 4.22acres. 4.9.1. Pond A: 0.79 acres; 4.9.2.Pond B: 0.87 acres; 4.9.3. Pond C: 2.56acres. 4.10. Capacity: A total of 38 acre-feet, at least 13 acre-feet of which is es-timated to be dead storage. 4.10.1. PondA: 5.28 acre-feet, of which a de minimisamount is dead storage; 4.10.2. Pond B:6.65 acre-feet, of which a de minimisamount is dead storage; 4.10.3. Pond C:26 acre-feet, of which 13 acre-feet is es-timated to be dead storage. 4.11. Nameand address of owner or reputed ownersof the land upon which any new or exist-ing diversion or storage structure, or modi-fication to any existing diversion or stor-age structure is or will be constructed orupon which water is or will be stored, in-cluding any modification to the existingstorage pool: Applicant. 5. Third Claim:Conditional Appropriative Rights of Ex-change: 5.1. Exchange-From Points:5.1.1. Confluence of Sand Creek and theSouth Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Sec. 1, T3S, R68W, of the 6thPM, Adams County, Colorado. 5.1.2. TheOutfal l of the Aurora Sand CreekWastewater Treatment Plant, also knownas the Sand Creek Water Reuse Facility,located on Sand Creek in the NW1/4 ofSE1/4 of Sec. 26, T3S, R67W, 6th PM,Adams County, Colorado. 5.1.3. Thequantification point for Aurora’s ReusableLawn Irrigation Return Flows (“LIRFs”) asdecreed in Case No. 02CW341, Water Di-vision 1. This quantification point is loc-ated at the USGS Sand Creek gauge,(Gauge SANCOMCO.394839104570300)on Sand Creek approximately 1,400 feetupstream of the confluence of Sand Creekand the South Platte River, in the NE1/4 ofthe NW1/4 of Sec. 12, T3S, R68W, or alocation at which such gauge may be relo-cated in the future. 5.1.4. The point atwhich water will be released from theSand Creek Park Pond System and re-turned back to Sand Creek, as describedin paragraph 4.2 above. 5.2. Exchange-ToPoint: The point of diversion for the SandCreek Park Inlet as described in para-graph 3 above; 5.3. Exchange Rate: 0.44cfs, conditional. 5.4. Appropriation Date:December 16, 2013. 5.4.1. How Appropri-ation was Initiated: By adoption of a resol-ution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations on December 3, 2013, andby the drafting and filing of this applica-tion. 5.4.2. Date of Application to Benefi-cial Use: N/A (conditional). 5.5. Sources ofsubstitute supply for exchanges: 5.5.1.Any water derived from the exercise of allwater rights currently owned by Aurorathat is fully consumable or reusable fromwater sources diverted from the ColoradoRiver Basin, the Arkansas River Basin,and the South Platte River Basin, or with-drawn from the Denver Basin Aquifers, aswell as reusable municipal effluent andquantified lawn irrigation return flows. Alist of the water rights currently owned byAurora is attached to the Application asExhibit C. 5.5.2. Other water that is re-usable, fully consumable, transmountainor historical consumptive use, or decreedfor exchange or augmentation purposes,that Aurora develops adjudicates, buys,leases, or otherwise acquires in the future,said rights being situated in the Colorado,Arkansas, and/or South Platte Riverbasins. 5.6. Uses: All uses necessary andincident to use of the Sand Creek ParkPond System for park and recreationalpurposes, which uses include but are notlimited to aesthetic, fire protection, fishand wildlife propagation, other piscatorialuses, wildlife and waterfowl habitat, incid-ental irrigation, and recreation. 6. Plan forAugmentation: 6.1. Structures to be Aug-mented: 6.1.1. Structures Name: TheSand Creek Park Pond System and SandCreek Park Inlet, as described above.6.1.2. Prior decree for these structures:none. 6.2. Sources of substitute supply forplan for augmentation: 6.2.1. Aurora’s wa-ter rights, as described in paragraph 5.5above. 6.2.2. Water derived from the exer-cise of water rights Aurora acquires in thefuture, in accordance with C.R.S. § 37-92-305(8)(c). 6.3. Complete Statement ofPlan for Augmentation: Aurora will divertwater at the Sand Creek Park Inlet tomaintain the Sand Creek Park Pond Sys-tem as a recreational amenity and toprovide freshening flows to the pond sys-tem. At times when the Sand Creek ParkInlet and the Sand Creek Park Pond Sys-tem are in priority, Aurora will divert waterat the Sand Creek Park Inlet pursuant tothe water rights decreed herein. At all oth-er times, Aurora will divert water at theSand Creek Park Inlet as necessary tomaintain the pond system as a recreation-al amenity and to provide fresheningflows, and Aurora will replace any out-of-priority depletions that result from such di-versions in time, place, and amount byleaving reusable LIRFs in the stream, byreleasing water from Quincy Reservoirand conveying such water down TollgateCreek to Sand Creek, by releasing waterfrom Aurora Reservoir and conveyingsuch water down Senac Creek to CoalCreek to Sand Creek, or by exchange upSand Creek from the points identified inparagraph 5 of the Application to the ex-changes confirmed herein. When Aurorareplaces out-of-priority depletions by re-lease of water from Quincy Reservoir orAurora Reservoir, Aurora will account fortransit losses as assessed by the DivisionEngineer or Water Commissioner. Someportion of the water diverted at the SandCreek Inlet and into the Sand CreekPonds may not be fully consumed, andmay be released back to Sand Creek. Tothe extent the water rights are augmentedby fully reusable water sources and notfully consumed during such use, and suchfully consumable replacement water is re-leased back to Sand Creek, Aurora willclaim a return flow credit for such uses. Al-ternatively, the released water may be ex-changed back up to the Sand Creek Inletpursuant to the exchange decreed herein.7. Name(s) and address(es) of owner(s)or reputed owner(s) of land: The ownersof the augmented structures, points of di-version by exchange, and points of re-lease of substitute supply identified above,are as follows: 7.1. Sand Creek ParkPond System and Sand Creek Park Inlet:Aurora; 7.2. Sand Creek WastewaterTreatment Plant: Aurora; 7.3. AuroraReservoir: Aurora; 7.4. Quincy Reservoir:Aurora; 7.5. Sand Creek Gauge de-scribed in paragraph 5.1.3 of the Applica-tion: U.S. Geological Survey, Box 25046,Denver Federal Center, Denver, CO80225. (8 pages + 3 Exhibits)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
Misc. Private Legals
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4616First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1,
COLORADODECEMBER 2013
WATER RESUME PUBLICATIONTO: ALL PERSONS INTERESTED
IN WATER APPLICATIONS INWATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3165 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; East CherryCreek Valley Water and Sanitation Dis-trict, acting directly and by and through theEast Cherry Creek Valley Water and San-itation District Water Activity Enterprise,Inc. (“ECCV”), c/o David Kaunisto, DistrictManager, 6201 South Gun Club Road,Aurora, Colorado 80016, (303) 693-3800;United Water and Sanitation District, act-ing directly and by and through the UnitedWater and Sanitation District ACWWA En-terprise (“United”), c/o Robert Lembke,8301 East Prentice Avenue #100, Green-wood Village, Colorado 80111, (303) 785-3585. The above listed parties will be col-lectively referred to as the “Applicants.”APPLICATION FOR UNDERGROUNDWATER RIGHTS IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); William B. Tourtillott,Esq., Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado,80203, (Attorneys for ECCV); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United); 2. Introduction. In Case Nos.02CW403, 02CW404, and 03CW442, theCourt decreed a plan for augmentation forthe ACWWA/ECCV Well Field located inthe Beebe Draw. Pending Case No.10CW306 involves claims to add ACWWAas an end user of the decreed plan foraugmentation and the ACWWA/ECCVWell Field. The purpose of this applica-tion is to claim underground water rightsfor the wells in the ACWWA/ECCV WellField. A general location map of the wellsin the ACWWA/ECCV Well Field is at-tached as Exhibit 1. 3. Description of theUnderground Water Rights for the WellsDecreed in Case No. 02CW403. 3.1.Legal descriptions of the wells. 3.1.1.Well P-6 (Permit No. 64478-F) located inthe SE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.2.Well E-7A (Permit No. 64477-F) located inthe SW1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.3.Well P-8 (Permit No. 64476-F) located inthe NW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.4.Well P-11 (Permit No. 64475-F) located inthe SW1/4 of the SW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.5.Well P-12 (Permit No. 64473-F) located inthe SW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.6.Well P-13 (Permit No. 64474-F) located inthe SE1/4 of the NE1/4 of Section 11,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.2.Source. Alluvial ground water tributary tothe South Platte River. 3.3. Date of initialappropriation. May 31, 2013. 3.4. Howappropriation was initiated. By pumpingwater from the wells described in para-graphs 3.1.1 through 3.1.6 for beneficialuse in ECCV’s service area. 3.5. Depth.75 feet. 3.6. Amount claimed. 2,000 gpmfor each well. 3.7. Proposed uses. Allmunicipal, industrial, and irrigation uses,including but not limited to domestic, irrig-ation, mechanical, manufacturing, com-mercial, industrial, exchange, augmenta-tion and replacement, recharge, substi-tute supply, adjustment and regulation ofwater supply, including further exchangewith other water systems and with otherwater users, and for all other beneficialuses within the service areas of ACWWAlocated in Arapahoe and DouglasCounties and ECCV located in ArapahoeCounty, as those service areas now existor may exist in the future, and/or the ser-vice area of others with whom ACWWAand/or ECCV may contract to provide wa-ter, water delivery, and water delivery in-frastructure. ACWWA and ECCV ask theCourt to decree that they have the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water divertedpursuant to the decree entered in thiscase. 4. Description of the UndergroundWater Rights for the Wells Decreed inCase Nos. 02CW404 and 03CW442. 4.1.Legal descriptions of the wells. 4.1.1.Well P-2 (Permit No. 75063) located in theNE1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 4.1.2.Well P-3 (Well Permit No. 75064) locatedin the SE1/4 of the NE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.3.Well P-4 (Well Permit No. 75065) locatedin the NW1/4 of the SE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.4.Well P-5 (Well Permit No. 75066) locatedin the NE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.5.Well P-15 (Well Permit No. 75067) loc-ated in the SW1/4 of the NE1/4 of Section1, Township 1 South, Range 66 West ofthe 6th P.M., Adams County, Colorado.4.1.6. Well P-18 (Well Permit No. 75068)located in the NE1/4 of the NE1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.4.2. Source. Alluvial ground water tribu-tary to the South Platte River. 4.3. Date ofinitial appropriation. May 31, 2013. 4.4.How appropriation was initiated. Bypumping water from the wells described inparagraphs 4.1.1 through 4.1.6 for benefi-cial use in ACWWA and ECCV’s serviceareas. 4.5. Depth. 75 feet. 4.6. Amountclaimed. 2,000 gpm for each well. 4.7.Proposed uses. All municipal, industrial,and irrigation uses, including but not lim-ited to domestic, irrigation, mechanical,manufacturing, commercial, industrial, ex-change, augmentation and replacement,recharge, substitute supply, adjustmentand regulation of water supply, includingfurther exchange with other water sys-tems and with other water users, and forall other beneficial uses within the serviceareas of ACWWA located in Arapahoeand Douglas Counties and ECCV locatedin Arapahoe County, as those serviceareas now exist or may exist in the future,and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 5. De-scription of the Underground Water Rightsfor the Wells Claimed in Case No.10CW306. 5.1. Legal descriptions of thewells. 5.1.1. Well No. E-1 located in theSW1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 5.1.2.Well No. P-14 located in the NE1/4 of theSE1/4 of Section 11, Township 1 South,Range 66 West of the 6th P.M., AdamsCounty, Colorado. 5.1.3. Well No. P-19located in the NE1/4 of the SW1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.5.1.4. Well No. P-20 located in the NW1/4of the SE1/4 of Section 1, Township 1South, Range 66 West of the 6th P.M.,Adams County, Colorado. 5.1.5. Well No.P-21 located in the SW1/4 of the SE1/4 ofSection 1, Township 1 South, Range 66West of the 6th P.M., Adams County, Col-orado. A copy of the Well Permit Applica-tions as filed with the State Engineer’s of-fice on December 30, 2013, are attachedas Exhibit 2. 5.2. Source. Alluvial groundwater tributary to the South Platte River.5.3. Date of initial appropriation. May 31,2013. 5.4. How appropriation was initi-ated. By resolution of the Board of Direct-ors of ACWWA and ECCV; by ground wa-ter modeling and a hydrogeologic analys-is for the wells described in paragraphs5.1.1 through 5.1.5; and by filing thesecond amended application in Case No.10CW306. 5.5. Depth. 75 feet. 5.6.Amount claimed. 2,000 gpm for eachwell. 5.7. Proposed uses. All municipal,industrial, and irrigation uses, includingbut not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, exchange, augmentation andreplacement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice areas of ACWWA located in Ar-apahoe and Douglas Counties and ECCVlocated in Arapahoe County, as those ser-vice areas now exist or may exist in the fu-ture, and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 6.Name and Address of Owner of Land onwhich the Wells are Located. 6.1. UnitedWater and Sanitation District CAW Equit-ies, LLC, c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.WHEREFORE, ACWWA, ECCV, andUnited request that the Court enter a de-cree granting the conditional water rights,and for such other relief it deems proper.(9 pages, 11 exhibit pages)
Misc. Private Legals
East CherryCreek Valley Water and Sanitation Dis-trict, acting directly and by and through theEast Cherry Creek Valley Water and San-itation District Water Activity Enterprise,Inc. (“ECCV”), c/o David Kaunisto, DistrictManager, 6201 South Gun Club Road,Aurora, Colorado 80016, (303) 693-3800;United Water and Sanitation District, act-ing directly and by and through the UnitedWater and Sanitation District ACWWA En-terprise (“United”), c/o Robert Lembke,8301 East Prentice Avenue #100, Green-wood Village, Colorado 80111, (303) 785-3585. The above listed parties will be col-lectively referred to as the “Applicants.”APPLICATION FOR UNDERGROUNDWATER RIGHTS IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); William B. Tourtillott,Esq., Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado,80203, (Attorneys for ECCV); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United); 2. Introduction. In Case Nos.02CW403, 02CW404, and 03CW442, theCourt decreed a plan for augmentation forthe ACWWA/ECCV Well Field located inthe Beebe Draw. Pending Case No.10CW306 involves claims to add ACWWAas an end user of the decreed plan foraugmentation and the ACWWA/ECCVWell Field. The purpose of this applica-tion is to claim underground water rightsfor the wells in the ACWWA/ECCV WellField. A general location map of the wellsin the ACWWA/ECCV Well Field is at-tached as Exhibit 1. 3. Description of theUnderground Water Rights for the WellsDecreed in Case No. 02CW403. 3.1.Legal descriptions of the wells. 3.1.1.Well P-6 (Permit No. 64478-F) located inthe SE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.2.Well E-7A (Permit No. 64477-F) located inthe SW1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.3.Well P-8 (Permit No. 64476-F) located inthe NW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.4.Well P-11 (Permit No. 64475-F) located inthe SW1/4 of the SW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.5.Well P-12 (Permit No. 64473-F) located inthe SW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.6.Well P-13 (Permit No. 64474-F) located inthe SE1/4 of the NE1/4 of Section 11,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.2.Source. Alluvial ground water tributary tothe South Platte River. 3.3. Date of initialappropriation. May 31, 2013. 3.4. Howappropriation was initiated. By pumpingwater from the wells described in para-graphs 3.1.1 through 3.1.6 for beneficialuse in ECCV’s service area. 3.5. Depth.75 feet. 3.6. Amount claimed. 2,000 gpmfor each well. 3.7. Proposed uses. Allmunicipal, industrial, and irrigation uses,including but not limited to domestic, irrig-ation, mechanical, manufacturing, com-mercial, industrial, exchange, augmenta-tion and replacement, recharge, substi-tute supply, adjustment and regulation ofwater supply, including further exchangewith other water systems and with otherwater users, and for all other beneficialuses within the service areas of ACWWAlocated in Arapahoe and DouglasCounties and ECCV located in ArapahoeCounty, as those service areas now existor may exist in the future, and/or the ser-vice area of others with whom ACWWAand/or ECCV may contract to provide wa-ter, water delivery, and water delivery in-frastructure. ACWWA and ECCV ask theCourt to decree that they have the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water divertedpursuant to the decree entered in thiscase. 4. Description of the UndergroundWater Rights for the Wells Decreed inCase Nos. 02CW404 and 03CW442. 4.1.Legal descriptions of the wells. 4.1.1.Well P-2 (Permit No. 75063) located in theNE1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 4.1.2.Well P-3 (Well Permit No. 75064) locatedin the SE1/4 of the NE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.3.Well P-4 (Well Permit No. 75065) locatedin the NW1/4 of the SE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.4.Well P-5 (Well Permit No. 75066) locatedin the NE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.5.Well P-15 (Well Permit No. 75067) loc-ated in the SW1/4 of the NE1/4 of Section1, Township 1 South, Range 66 West ofthe 6th P.M., Adams County, Colorado.4.1.6. Well P-18 (Well Permit No. 75068)located in the NE1/4 of the NE1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.4.2. Source. Alluvial ground water tribu-tary to the South Platte River. 4.3. Date ofinitial appropriation. May 31, 2013. 4.4.How appropriation was initiated. Bypumping water from the wells described inparagraphs 4.1.1 through 4.1.6 for benefi-cial use in ACWWA and ECCV’s serviceareas. 4.5. Depth. 75 feet. 4.6. Amountclaimed. 2,000 gpm for each well. 4.7.Proposed uses. All municipal, industrial,and irrigation uses, including but not lim-ited to domestic, irrigation, mechanical,manufacturing, commercial, industrial, ex-change, augmentation and replacement,recharge, substitute supply, adjustmentand regulation of water supply, includingfurther exchange with other water sys-tems and with other water users, and forall other beneficial uses within the serviceareas of ACWWA located in Arapahoeand Douglas Counties and ECCV locatedin Arapahoe County, as those serviceareas now exist or may exist in the future,and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 5. De-scription of the Underground Water Rightsfor the Wells Claimed in Case No.10CW306. 5.1. Legal descriptions of thewells. 5.1.1. Well No. E-1 located in theSW1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 5.1.2.Well No. P-14 located in the NE1/4 of theSE1/4 of Section 11, Township 1 South,Range 66 West of the 6th P.M., AdamsCounty, Colorado. 5.1.3. Well No. P-19located in the NE1/4 of the SW1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.5.1.4. Well No. P-20 located in the NW1/4of the SE1/4 of Section 1, Township 1South, Range 66 West of the 6th P.M.,Adams County, Colorado. 5.1.5. Well No.P-21 located in the SW1/4 of the SE1/4 ofSection 1, Township 1 South, Range 66West of the 6th P.M., Adams County, Col-orado. A copy of the Well Permit Applica-tions as filed with the State Engineer’s of-fice on December 30, 2013, are attachedas Exhibit 2. 5.2. Source. Alluvial groundwater tributary to the South Platte River.5.3. Date of initial appropriation. May 31,2013. 5.4. How appropriation was initi-ated. By resolution of the Board of Direct-ors of ACWWA and ECCV; by ground wa-ter modeling and a hydrogeologic analys-is for the wells described in paragraphs5.1.1 through 5.1.5; and by filing thesecond amended application in Case No.10CW306. 5.5. Depth. 75 feet. 5.6.Amount claimed. 2,000 gpm for eachwell. 5.7. Proposed uses. All municipal,industrial, and irrigation uses, includingbut not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, exchange, augmentation andreplacement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice areas of ACWWA located in Ar-apahoe and Douglas Counties and ECCVlocated in Arapahoe County, as those ser-vice areas now exist or may exist in the fu-ture, and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 6.Name and Address of Owner of Land onwhich the Wells are Located. 6.1. UnitedWater and Sanitation District CAW Equit-ies, LLC, c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.WHEREFORE, ACWWA, ECCV, andUnited request that the Court enter a de-cree granting the conditional water rights,and for such other relief it deems proper.(9 pages, 11 exhibit pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4617First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013
WATER RESUME PUBLICATIONTO: ALL PERSONS INTERESTED
IN WATER APPLICATIONSIN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3171 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT AND A CONDITIONAL RE-CHARGE RIGHT IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); Tod J. Smith, Esq.,THE LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forUnited); 2. Description of Conditional Wa-ter Right. 2.1. Name of Structure. 2.1.1.70 Ranch Reservoir. The 70 RanchReservoir is located in the S1/2 of Section3, Township 4 North, Range 63 West ofthe 6th P.M. and a portion of the NE1/4 ofSection 10, Township 4 North, Range 63West of the 6th P.M. in Weld County, Col-orado. A map showing the location of 70Ranch Reservoir is attached as Exhibit 1.United will construct 70 Ranch Reservoiras part of satisfying its contractual obliga-tions to ACWWA for the Water SupplyProject. 2.2. Name of Diversion Facility.2.2.1. Diversion Structure. Located in theSE1/4 of Section 34, Township 5 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado. 2.3. Source. SouthPlatte River. 2.4 . Amount Claimed. 3,000acre-feet, conditional, with one refill in theamount of 3,000 acre-feet per year condi-tional. 2.5 . Date of Appropriation. Octo-ber 22, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedupon the date of the posting of the Noticeof Appropriation, which was October 22,2013. A copy of this notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing 70 Ranch Reservoir, and haveidentified the location of 70 Ranch Reser-voir as described above in paragraph2.1.1., and have identified the location ofthe diversion structure as described inparagraph 2.2.1. 2.7. Date Water FirstApplied to Beneficial Use. Not applicable.2.8. Uses. Applicants seek a decree grant-ing the right to use the above-describedconditional water right as follows: 2.8.1.Directly or as a source of replacementsupply pursuant to the plan for augmenta-tion claimed in Case No. 10CW306 for de-livery to ACWWA’s service area from theACWWA/ECCV Well Field located in theBeebe Draw. ACWWA will follow the pro-visions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to therecharge project claimed in Case No.10CW306. ACWWA will follow the provi-sions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment water. 2.8.3. As a source of substi-tute supply for the substitution and ex-change sought in the application, as itmay be amended, in Case No. 09CW283.2.8.4. Directly or as a source of replace-ment supply for the 70 Ranch augmenta-tion plan pursuant to the plan for augment-ation claimed in Case No. 10CW306 fordelivery to ACWWA’s service area.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement supply.2.8.5. Delivery to recharge on the 70Ranch as claimed in Case No. 10CW306.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement water. 2.8.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District.. 2.8.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 2.9. Total Capacity. The 70 RanchReservoir has a planned total capacity of6,000 acre-feet. 2.10 . Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above. 2.10.1. 70 Ranch Reservoir isowned by United Water and SanitationDistrict, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111. 3Description of Conditional RechargeRight. 3.1. Name of Structure. 3.1.1. .Haren Recharge Pond. The Haren Re-charge Pond is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.2. Name of Diversion Facility.3.2.1. Haren Pipeline. The Haren Pipelinediverts water from the South Platte Riverin the SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado. Amap showing the location of the HarenRecharge Pond and both diversion pointsfor the Haren Pipeline is attached as Ex-hibit 3. In the alternative, the HarenPipeline will divert water from the SouthPlatte River in the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.3. Source. South Platte River.3.4. Amount Claimed. 50 cfs, conditional.3.5. Date of Appropriation. November 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the date ACWWA’s Board of Direct-ors passed a Resolution approving thisappropriation. ACWWA and United haveconducted engineering studies to determ-ine the feasibility of constructing HarenPipeline and they have the legal ability torecharge water in the Haren RechargePond. 3.7 . Date Water First Applied toBeneficial Use. Not applicable. 3.8. Uses.Applicants seek a decree granting theright to use the above-described condi-tional water right for the uses described inparagraph 2.8. 3.9. . Name and Ad-dresses of the Owner of the Structure andthe Diversion Facility Listed Above. 3.9.1.The Haren Recharge Pond is owned bythe Central Colorado Water ConservancyDistrict, 3209 West 28th Street, Greeley,CO 80634 and United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, CO 80111.3.9.2. The Haren Pipeline is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 3.9.3. The Har-en Pipeline Point of Diversion located atthe SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado, isowned by Eaton Cattle Co., c/o DorothyThomas Phelps, 21421 Highway 60, Plat-teville, CO 80651. 3.9.4. The HarenPipeline Point of Diversion located at theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado, is ownedby RML Properties Investors, c/o RobertLembke, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water rights, and forsuch other relief it deems proper. (7pages, 4 exhibit pages).
Misc. Private Legals
United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT AND A CONDITIONAL RE-CHARGE RIGHT IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); Tod J. Smith, Esq.,THE LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forUnited); 2. Description of Conditional Wa-ter Right. 2.1. Name of Structure. 2.1.1.70 Ranch Reservoir. The 70 RanchReservoir is located in the S1/2 of Section3, Township 4 North, Range 63 West ofthe 6th P.M. and a portion of the NE1/4 ofSection 10, Township 4 North, Range 63West of the 6th P.M. in Weld County, Col-orado. A map showing the location of 70Ranch Reservoir is attached as Exhibit 1.United will construct 70 Ranch Reservoiras part of satisfying its contractual obliga-tions to ACWWA for the Water SupplyProject. 2.2. Name of Diversion Facility.2.2.1. Diversion Structure. Located in theSE1/4 of Section 34, Township 5 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado. 2.3. Source. SouthPlatte River. 2.4 . Amount Claimed. 3,000acre-feet, conditional, with one refill in theamount of 3,000 acre-feet per year condi-tional. 2.5 . Date of Appropriation. Octo-ber 22, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedupon the date of the posting of the Noticeof Appropriation, which was October 22,2013. A copy of this notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing 70 Ranch Reservoir, and haveidentified the location of 70 Ranch Reser-voir as described above in paragraph2.1.1., and have identified the location ofthe diversion structure as described inparagraph 2.2.1. 2.7. Date Water FirstApplied to Beneficial Use. Not applicable.2.8. Uses. Applicants seek a decree grant-ing the right to use the above-describedconditional water right as follows: 2.8.1.Directly or as a source of replacementsupply pursuant to the plan for augmenta-tion claimed in Case No. 10CW306 for de-livery to ACWWA’s service area from theACWWA/ECCV Well Field located in theBeebe Draw. ACWWA will follow the pro-visions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to therecharge project claimed in Case No.10CW306. ACWWA will follow the provi-sions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment water. 2.8.3. As a source of substi-tute supply for the substitution and ex-change sought in the application, as itmay be amended, in Case No. 09CW283.2.8.4. Directly or as a source of replace-ment supply for the 70 Ranch augmenta-tion plan pursuant to the plan for augment-ation claimed in Case No. 10CW306 fordelivery to ACWWA’s service area.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement supply.2.8.5. Delivery to recharge on the 70Ranch as claimed in Case No. 10CW306.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement water. 2.8.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District.. 2.8.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 2.9. Total Capacity. The 70 RanchReservoir has a planned total capacity of6,000 acre-feet. 2.10 . Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above. 2.10.1. 70 Ranch Reservoir isowned by United Water and SanitationDistrict, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111. 3Description of Conditional RechargeRight. 3.1. Name of Structure. 3.1.1. .Haren Recharge Pond. The Haren Re-charge Pond is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.2. Name of Diversion Facility.3.2.1. Haren Pipeline. The Haren Pipelinediverts water from the South Platte Riverin the SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado. Amap showing the location of the HarenRecharge Pond and both diversion pointsfor the Haren Pipeline is attached as Ex-hibit 3. In the alternative, the HarenPipeline will divert water from the SouthPlatte River in the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.3. Source. South Platte River.3.4. Amount Claimed. 50 cfs, conditional.3.5. Date of Appropriation. November 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the date ACWWA’s Board of Direct-ors passed a Resolution approving thisappropriation. ACWWA and United haveconducted engineering studies to determ-ine the feasibility of constructing HarenPipeline and they have the legal ability torecharge water in the Haren RechargePond. 3.7 . Date Water First Applied toBeneficial Use. Not applicable. 3.8. Uses.Applicants seek a decree granting theright to use the above-described condi-tional water right for the uses described inparagraph 2.8. 3.9. . Name and Ad-dresses of the Owner of the Structure andthe Diversion Facility Listed Above. 3.9.1.The Haren Recharge Pond is owned bythe Central Colorado Water ConservancyDistrict, 3209 West 28th Street, Greeley,CO 80634 and United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, CO 80111.3.9.2. The Haren Pipeline is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 3.9.3. The Har-en Pipeline Point of Diversion located atthe SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado, isowned by Eaton Cattle Co., c/o DorothyThomas Phelps, 21421 Highway 60, Plat-teville, CO 80651. 3.9.4. The HarenPipeline Point of Diversion located at theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado, is ownedby RML Properties Investors, c/o RobertLembke, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water rights, and forsuch other relief it deems proper. (7pages, 4 exhibit pages).
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
Misc. Private Legals
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.:4618First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013 WATERRESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3174 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Milton Lake (also known as Milton Reser-voir). Milton Lake is an off-channel reser-voir located in Sections 10, 11, 14, 15, 22,and 23, Township 3 North, Range 65West of the 6th P.M., Weld County, Color-ado. A map showing the location of MiltonLake is attached as Exhibit 1. 2.1.1. Loc-ation of Dam. At a point near the east lineof the SW1/4 of Section 11, Township 3North, Range 65 West of the 6th P.M.,Weld County, Colorado. 2.1.2. SurfaceArea. 1,623 acres at high water line.2.1.3. Storage Height. 36 feet. 2.1.4. Ca-pacity. 21,695 acre-feet, excluding deadstorage which is less than 100 acre-feet.2.2. Storage Space in Milton Lake. Unitedowns 38.175 shares in the Milton Lake Di-vision of the Farmers Reservoir and Irriga-tion Company (“FRICO”) for use in theWater Supply Project, as decreed in CaseNos. 02CW403, 02CW404, 03CW442,and pending Case No. 10CW306. Owner-ship of the shares entitles United to a prorata portion of the associated storagespace in Milton Lake, which equals ap-proximately 740 acre-feet. East CherryCreek Valley Water and Sanitation Dis-trict has the first priority to use the stor-age space in Milton Lake and ACWWAhas the second priority to use the storagespace. 3. Name of the Diversion FacilitiesUsed to Fill Milton Lake. 3.1.United Diver-sion Facility No. 3. The headgate is on theeast bank of the South Platte River in theSW1/4 of Section 26, Township 1 South,Range 67 West of the 6th P.M., AdamsCounty, Colorado. 3.2. Burlington Ditch(also known as Burlington/O’Brian Canal).The headgate is on the east bank of theSouth Platte River in the NE1/4 of theSW1/4, Section 14, Township 3 South,Range 68 West of the 6th P.M., City andCounty of Denver, Colorado. The City ofThornton has an agreement with Burling-ton/FRICO for use of the first 200 cfs ofexcess capacity in the Burlington Ditch.ACWWA’s use of the Ditch will be limitedby Thornton’s prior right. 3.3. Platte Val-ley Canal (also known as the Evans No. 2Ditch). The headgate is on the east bankof the South Platte River in Section 19,Township 2 North, Range 66 West of the6th P.M., Weld County, Colorado. ThePlatte Valley Irrigation Company has acarriage easement for 177 cfs. in thePlatte Valley Canal. ACWWA shall obtainany necessary agreements with the PlatteValley Irrigation Company prior to usingthe jointly operated portion of the PlatteValley Canal for any excess capacity. Themaximum rate of delivery is 350 cfs. 3.4Beebe Seep Canal. The entire length ofthe canal extends from Barr Lake locatedin Section 23, Township 1 South, Range66 West of the 6th P.M., Adams County,Colorado, to Milton Lake, as described inparagraph 2.1. 4. Appropriation Informa-tion. 4.1. Date of Appropriation. Decem-ber 11, 2013. 4.2. How AppropriationWas Initiated. The appropriation date isbased upon the date ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation which was December11, 2013. ACWWA intends to use theconditional water right claimed in this ap-plication as part of the Water SupplyProject in Case No. 10CW306. 4.3. DateWater First Applied to Beneficial Use. Notapplicable. 5. Source of the Water. SouthPlatte River; Beebe Inflow into Milton Lakefrom the Beebe Draw. “Beebe Inflow”means all groundwater seepage and sur-face inflow into Milton Lake from theBeebe Draw. Water from the Beebe Drawcan be delivered to Milton Lake throughthe Beebe Seep Canal. The Beebe SeepCanal extends from Barr Lake to MiltonLake. 6. Amount Claimed. 5,000 acre-feet per year, conditional. 7. Uses.ACWWA seeks a decree granting the rightto use the above-described conditionalwater right as follows: 7.1. Directly or as asource of replacement supply pursuant tothe plan for augmentation claimed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ACWWA/ECCVWell Field located in the Beebe Draw.7.2. For delivery to recharge in the BeebeDraw pursuant to the recharge projectclaimed in Case No. 10CW306 to includethe conditional water right as an addition-al source of replacement water. 7.3. Forall municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.4.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Milton Lake isowned by Farmers Reservoir and Irriga-tion Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.2. UnitedDiversion Facility No. 3 is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 8.3. TheBurlington Ditch is owned by the FarmersReservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. 8.4. The Platte Valley Canal isowned by the Farmers Reservoir and Irrig-ation Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.5. TheBeebe Seep Canal is owned by the Farm-ers Reservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the conditional water stor-age right, and for such other relief itdeems proper. (6 pages; 1 exhibit page)
22 Englewood Herald January 24, 2014
22
Misc. Private Legals
United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Milton Lake (also known as Milton Reser-voir). Milton Lake is an off-channel reser-voir located in Sections 10, 11, 14, 15, 22,and 23, Township 3 North, Range 65West of the 6th P.M., Weld County, Color-ado. A map showing the location of MiltonLake is attached as Exhibit 1. 2.1.1. Loc-ation of Dam. At a point near the east lineof the SW1/4 of Section 11, Township 3North, Range 65 West of the 6th P.M.,Weld County, Colorado. 2.1.2. SurfaceArea. 1,623 acres at high water line.2.1.3. Storage Height. 36 feet. 2.1.4. Ca-pacity. 21,695 acre-feet, excluding deadstorage which is less than 100 acre-feet.2.2. Storage Space in Milton Lake. Unitedowns 38.175 shares in the Milton Lake Di-vision of the Farmers Reservoir and Irriga-tion Company (“FRICO”) for use in theWater Supply Project, as decreed in CaseNos. 02CW403, 02CW404, 03CW442,and pending Case No. 10CW306. Owner-ship of the shares entitles United to a prorata portion of the associated storagespace in Milton Lake, which equals ap-proximately 740 acre-feet. East CherryCreek Valley Water and Sanitation Dis-trict has the first priority to use the stor-age space in Milton Lake and ACWWAhas the second priority to use the storagespace. 3. Name of the Diversion FacilitiesUsed to Fill Milton Lake. 3.1.United Diver-sion Facility No. 3. The headgate is on theeast bank of the South Platte River in theSW1/4 of Section 26, Township 1 South,Range 67 West of the 6th P.M., AdamsCounty, Colorado. 3.2. Burlington Ditch(also known as Burlington/O’Brian Canal).The headgate is on the east bank of theSouth Platte River in the NE1/4 of theSW1/4, Section 14, Township 3 South,Range 68 West of the 6th P.M., City andCounty of Denver, Colorado. The City ofThornton has an agreement with Burling-ton/FRICO for use of the first 200 cfs ofexcess capacity in the Burlington Ditch.ACWWA’s use of the Ditch will be limitedby Thornton’s prior right. 3.3. Platte Val-ley Canal (also known as the Evans No. 2Ditch). The headgate is on the east bankof the South Platte River in Section 19,Township 2 North, Range 66 West of the6th P.M., Weld County, Colorado. ThePlatte Valley Irrigation Company has acarriage easement for 177 cfs. in thePlatte Valley Canal. ACWWA shall obtainany necessary agreements with the PlatteValley Irrigation Company prior to usingthe jointly operated portion of the PlatteValley Canal for any excess capacity. Themaximum rate of delivery is 350 cfs. 3.4Beebe Seep Canal. The entire length ofthe canal extends from Barr Lake locatedin Section 23, Township 1 South, Range66 West of the 6th P.M., Adams County,Colorado, to Milton Lake, as described inparagraph 2.1. 4. Appropriation Informa-tion. 4.1. Date of Appropriation. Decem-ber 11, 2013. 4.2. How AppropriationWas Initiated. The appropriation date isbased upon the date ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation which was December11, 2013. ACWWA intends to use theconditional water right claimed in this ap-plication as part of the Water SupplyProject in Case No. 10CW306. 4.3. DateWater First Applied to Beneficial Use. Notapplicable. 5. Source of the Water. SouthPlatte River; Beebe Inflow into Milton Lakefrom the Beebe Draw. “Beebe Inflow”means all groundwater seepage and sur-face inflow into Milton Lake from theBeebe Draw. Water from the Beebe Drawcan be delivered to Milton Lake throughthe Beebe Seep Canal. The Beebe SeepCanal extends from Barr Lake to MiltonLake. 6. Amount Claimed. 5,000 acre-feet per year, conditional. 7. Uses.ACWWA seeks a decree granting the rightto use the above-described conditionalwater right as follows: 7.1. Directly or as asource of replacement supply pursuant tothe plan for augmentation claimed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ACWWA/ECCVWell Field located in the Beebe Draw.7.2. For delivery to recharge in the BeebeDraw pursuant to the recharge projectclaimed in Case No. 10CW306 to includethe conditional water right as an addition-al source of replacement water. 7.3. Forall municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.4.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Milton Lake isowned by Farmers Reservoir and Irriga-tion Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.2. UnitedDiversion Facility No. 3 is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 8.3. TheBurlington Ditch is owned by the FarmersReservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. 8.4. The Platte Valley Canal isowned by the Farmers Reservoir and Irrig-ation Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.5. TheBeebe Seep Canal is owned by the Farm-ers Reservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the conditional water stor-age right, and for such other relief itdeems proper. (6 pages; 1 exhibit page)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4620First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013 WATERRESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3175 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph 3below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) system.ACWWA and United have the ability touse FRICO’s delivery canals pursuant tothe conveyance contract between Unitedand the Farmers Reservoir and IrrigationCompany. United will construct High-lands Reservoir as part of satisfying itscontractual obligations to ACWWA for theWater Supply Project. 3. Name of the Di-version Facilities Used to Fill the Reser-voir. 3.1. United Diversion Facility No. 3.The headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, Township 1 South, Range 67West of the 6th P.M., Adams County, Col-orado. 3.2. Burlington Ditch (also knownas Burl ington/O’Brian Canal). Theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 cfs of excess capa-city in the Burlington Ditch. ACWWA’suse of the Ditch wil l be l imited byThornton’s prior right. 4. Appropriation In-formation. 4.1. Date of Appropriation.October 22, 2013. 4.2. How Appropri-ation Was Initiated.The appropriation dateis based upon the date of the posting ofthe Notice of Appropriation which was Oc-tober 22, 2013. This notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir and haveidentified the location of Highlands Reser-voir as described above in paragraph 2.1.,and have identified the location of the di-version structures as described in para-graphs 3.1. and 3.2. 4.3. Date WaterFirst Applied to Beneficial Use. Not applic-able. 5. Source of the Water. SouthPlatte River. 6. .Amount Claimed. 1,500acre-feet, conditional, with one refill in theamount of 1,500 acre-feet per year condi-tional. 7.Uses. Applicants seek a decreegranting the right to use the above-de-scribed conditional water right as follows:7.1. Directly or as a source of replace-ment supply pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service areafrom the ACWWA/ECCV Well Field loc-ated in the Beebe Draw. 7.2. For deliveryto recharge in the Beebe Draw pursuant tothe recharge projects claimed in Case No.10CW306 to include the conditional waterright as an additional source of replace-ment water.7.3. For all municipal, industri-al, and irrigation uses, including but notlimited to domestic, irrigation, mechanical,manufacturing, commercial, industrial,drought protection, to meet future de-mands, exchange, augmentation and re-placement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice area of ACWWA located in Ar-apahoe and Douglas Counties, as it nowexists or may exist in the future, and/or theservice area of others with whom ACWWAmay contract to provide water, water deliv-ery, and water delivery infrastructure, in-cluding but not limited to the East CherryCreek Valley Water and Sanitation Dis-trict. 7.4. ACWWA asks the Court to de-cree that it has the right to use, reuse,successively use and dispose of by sale,exchange, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. 8.Total Capacity.When completed the Reservoir will havethe total capacity of approximately 2,000acre-feet. 9. Names and Addresses forthe Owner of the Storage and DiversionFacilities Listed Above. 9.1. The High-lands Reservoir is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 9.2. United Diver-sion Facility No. 3 is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111.9.3. The BurlingtonDitch is owned by the Farmers Reservoirand Irrigation Company, 80 South 27thAvenue, Brighton, Colorado 80601.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water storage right, andfor such other relief it deems proper. (6pages, 4 exhibit pages).
Misc. Private Legals
United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph 3below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) system.ACWWA and United have the ability touse FRICO’s delivery canals pursuant tothe conveyance contract between Unitedand the Farmers Reservoir and IrrigationCompany. United will construct High-lands Reservoir as part of satisfying itscontractual obligations to ACWWA for theWater Supply Project. 3. Name of the Di-version Facilities Used to Fill the Reser-voir. 3.1. United Diversion Facility No. 3.The headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, Township 1 South, Range 67West of the 6th P.M., Adams County, Col-orado. 3.2. Burlington Ditch (also knownas Burl ington/O’Brian Canal). Theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 cfs of excess capa-city in the Burlington Ditch. ACWWA’suse of the Ditch wil l be l imited byThornton’s prior right. 4. Appropriation In-formation. 4.1. Date of Appropriation.October 22, 2013. 4.2. How Appropri-ation Was Initiated.The appropriation dateis based upon the date of the posting ofthe Notice of Appropriation which was Oc-tober 22, 2013. This notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir and haveidentified the location of Highlands Reser-voir as described above in paragraph 2.1.,and have identified the location of the di-version structures as described in para-graphs 3.1. and 3.2. 4.3. Date WaterFirst Applied to Beneficial Use. Not applic-able. 5. Source of the Water. SouthPlatte River. 6. .Amount Claimed. 1,500acre-feet, conditional, with one refill in theamount of 1,500 acre-feet per year condi-tional. 7.Uses. Applicants seek a decreegranting the right to use the above-de-scribed conditional water right as follows:7.1. Directly or as a source of replace-ment supply pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service areafrom the ACWWA/ECCV Well Field loc-ated in the Beebe Draw. 7.2. For deliveryto recharge in the Beebe Draw pursuant tothe recharge projects claimed in Case No.10CW306 to include the conditional waterright as an additional source of replace-ment water.7.3. For all municipal, industri-al, and irrigation uses, including but notlimited to domestic, irrigation, mechanical,manufacturing, commercial, industrial,drought protection, to meet future de-mands, exchange, augmentation and re-placement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice area of ACWWA located in Ar-apahoe and Douglas Counties, as it nowexists or may exist in the future, and/or theservice area of others with whom ACWWAmay contract to provide water, water deliv-ery, and water delivery infrastructure, in-cluding but not limited to the East CherryCreek Valley Water and Sanitation Dis-trict. 7.4. ACWWA asks the Court to de-cree that it has the right to use, reuse,successively use and dispose of by sale,exchange, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. 8.Total Capacity.When completed the Reservoir will havethe total capacity of approximately 2,000acre-feet. 9. Names and Addresses forthe Owner of the Storage and DiversionFacilities Listed Above. 9.1. The High-lands Reservoir is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 9.2. United Diver-sion Facility No. 3 is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111.9.3. The BurlingtonDitch is owned by the Farmers Reservoirand Irrigation Company, 80 South 27thAvenue, Brighton, Colorado 80601.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water storage right, andfor such other relief it deems proper. (6pages, 4 exhibit pages).
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4621First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013 WATER
RESUME PUBLICATIONTO: ALL PERSONS INTERESTED
IN WATER APPLICATIONSIN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3176 East Cherry Creek ValleyWater and Sanitation District (“ECCV)c/o David Kaunisto, District Manager,6201 S. Gun Club Road, Aurora, CO80016, (303) 693-3800; United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT, IN ADAMS, ARAPAHOE, DEN-VER, DOUGLAS, ELBERT, MORGANAND WELD COUNTIES. Please send allpleadings and correspondence to: Willi-am B. Tourtillott, Esq., Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln Street,Suite 3500, Denver, Colorado 80203, (At-torneys for ECCV); Tod J. Smith, Esq,THE LAW OFFICE OF TOD J. SMITH,LLC 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forUnited). 2. Name of Structure. 2.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph 3below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir from the deliverycanals in the Farmers Reservoir and Irrig-ation Company’s (“FRICO’s”) system.ECCV and United have the ability to useFRICO’s delivery canals pursuant to theAmended and Restated Water SupplyAgreement. United will construct High-lands Reservoir as part of satisfying itscontractual obligations to ECCV for theWater Supply Project. 3. Name of the Di-version Facilities Used to Fill the Reser-voir. 3.1. United Diversion Facility No. 3.The headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, Township 1 South, Range 67West of the 6th P.M., Adams County, Col-orado. 3.2. Burlington Ditch (also knownas Burl ington/O’Brian Canal). Theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 cfs of excess capa-city in the Burlington Ditch. ECCV’s useof the Ditch will be limited by Thornton’sprior right. 4. Appropriation Information.4.1. Date of Appropriation. October 22,2013. 4.2. How Appropriation Was Initi-ated. The appropriation date is basedupon the date of the posting of the Noticeof Appropriation which was October 22,2013. This notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructingHighlands Reservoir and have identifiedthe location of Highlands Reservoir as de-scribed above in paragraph 2.1., and haveidentified the location of the diversionstructures as described in paragraphs 3.1.and 3.2. 4.3. Date Water First Applied toBeneficial Use. Not applicable. 5.Source of the Water. South Platte River.6. Amount Claimed. 1,500 acre-feet, con-ditional, with one refill in the amount of1,500 acre-feet per year conditional. 7.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 7.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV AugmentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 7.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442, and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement water. 7.3. Forall municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area of ECCVlocated in Arapahoe County, as it now ex-ists or may exist in the future, and/or theservice area of others with whom ECCVmay contract to provide water, water deliv-ery, and water delivery infrastructure, in-cluding but not limited to the ArapahoeCounty Water and Wastewater Authority.7.4. ECCV asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Total Capacity. When com-pleted the Reservoir will have the total ca-pacity of approximately 2,000 acre-feet.9. Names and Addresses for the Ownerof the Storage and Diversion Facilities Lis-ted Above. 9.1. The Highlands Reservoiris owned by United Water and SanitationDistrict, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. 9.2. United Diversion Facility No.3 is owned by United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 9.3. The Burlington Ditch isowned by the Farmers Reservoir and Irrig-ation Company, 80 South 27th Avenue,Brighton, Colorado 80601. WHERE-FORE, ECCV and United request that theCourt enter a decree granting the condi-tional water storage right, and for suchother relief it deems proper. (6 pages, 3exhibit pages)
Misc. Private Legals
United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT, IN ADAMS, ARAPAHOE, DEN-VER, DOUGLAS, ELBERT, MORGANAND WELD COUNTIES. Please send allpleadings and correspondence to: Willi-am B. Tourtillott, Esq., Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln Street,Suite 3500, Denver, Colorado 80203, (At-torneys for ECCV); Tod J. Smith, Esq,THE LAW OFFICE OF TOD J. SMITH,LLC 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forUnited). 2. Name of Structure. 2.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph 3below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir from the deliverycanals in the Farmers Reservoir and Irrig-ation Company’s (“FRICO’s”) system.ECCV and United have the ability to useFRICO’s delivery canals pursuant to theAmended and Restated Water SupplyAgreement. United will construct High-lands Reservoir as part of satisfying itscontractual obligations to ECCV for theWater Supply Project. 3. Name of the Di-version Facilities Used to Fill the Reser-voir. 3.1. United Diversion Facility No. 3.The headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, Township 1 South, Range 67West of the 6th P.M., Adams County, Col-orado. 3.2. Burlington Ditch (also knownas Burl ington/O’Brian Canal). Theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 cfs of excess capa-city in the Burlington Ditch. ECCV’s useof the Ditch will be limited by Thornton’sprior right. 4. Appropriation Information.4.1. Date of Appropriation. October 22,2013. 4.2. How Appropriation Was Initi-ated. The appropriation date is basedupon the date of the posting of the Noticeof Appropriation which was October 22,2013. This notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructingHighlands Reservoir and have identifiedthe location of Highlands Reservoir as de-scribed above in paragraph 2.1., and haveidentified the location of the diversionstructures as described in paragraphs 3.1.and 3.2. 4.3. Date Water First Applied toBeneficial Use. Not applicable. 5.Source of the Water. South Platte River.6. Amount Claimed. 1,500 acre-feet, con-ditional, with one refill in the amount of1,500 acre-feet per year conditional. 7.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 7.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV AugmentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 7.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442, and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement water. 7.3. Forall municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area of ECCVlocated in Arapahoe County, as it now ex-ists or may exist in the future, and/or theservice area of others with whom ECCVmay contract to provide water, water deliv-ery, and water delivery infrastructure, in-cluding but not limited to the ArapahoeCounty Water and Wastewater Authority.7.4. ECCV asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Total Capacity. When com-pleted the Reservoir will have the total ca-pacity of approximately 2,000 acre-feet.9. Names and Addresses for the Ownerof the Storage and Diversion Facilities Lis-ted Above. 9.1. The Highlands Reservoiris owned by United Water and SanitationDistrict, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. 9.2. United Diversion Facility No.3 is owned by United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 9.3. The Burlington Ditch isowned by the Farmers Reservoir and Irrig-ation Company, 80 South 27th Avenue,Brighton, Colorado 80601. WHERE-FORE, ECCV and United request that theCourt enter a decree granting the condi-tional water storage right, and for suchother relief it deems proper. (6 pages, 3exhibit pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4622First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013 WATERRESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3180 United Water and Sanita-tion District, acting by and through theUnited Water Acquisition Enterprise(“United” or the “Applicant”), c/oRobert Lembke, 8301 East PrenticeAve., #100, Greenwood Village, Color-ado 80111, (303) 775-1005. APPLICA-TION FOR A CONDITIONAL STORAGERIGHT AND TO MAKE A PORTION AB-SOLUTE – GILCREST RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1. Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir will consist of a series oflined gravel pit cells. One cell has beenlined and water has been stored in thatcell. A map showing the location of Gil-crest Reservoir is attached as Exhibit 1.Water has been and will be diverted fromthe South Platte River at the diversion fa-cilities described in paragraph 2.2 below.2.2. Name of the Diversion Facilities Usedto Fill Gilcrest Reservoir and Outlet Struc-tures. 2.2.1. Gilcrest Reservoir Points ofDiversion. One point of diversion for Gil-crest Reservoir may be located adjacentto the Jay Thomas Ditch Diversion Damand will be located on the east bank of theSouth Platte River in the NW1/4 of theNW1/4 of Section 11, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado (referred to as the“South Diversion”). A second point diver-sion may be located on the South PlatteRiver downstream of the confluence withthe St. Vrain River in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty Colorado (referred to as the “NorthDiversion”). 2.2.2. Gilcrest Reservoir Out-let Structures. Gilcrest Reservoir will haveoutlets with the capability of returning wa-ter to the South Platte River which may belocated at one of more of the following loc-ations: (1) the SE1/4 of the NW1/4 ofSection 2, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado; (2) the NW1/4 of the NW1/4 of Sec-tion 35, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado;and (3) the SW1/4 of the NE1/4 of Sec-tion 26, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado.2.2.3. Gilcrest Pump. A pump has beenconstructed in the SW1/4 of the SW1/4 ofSection 35, Township 4 North, Range 67West of the 6th P.M., Weld County, Color-ado. A pump may also be constructednear the confluence of the South PlatteRiver and the St. Vrain River in Section34, Township 4 North, Range 67 West ofthe 6th P.M., Weld County, Colorado to al-low for the diversion of water from theSouth Platte River into Gilcrest Reservoirfor storage. 2.3. Use of Gilcrest Reser-voir. Gilcrest Reservoir, L.L.C. owns thestructure, diversion, outlet facilities de-scribed in paragraph 2.2 above and landon which those facilities will be or are loc-ated. Nothing in this Application shall beconstrued to create any right on the part ofUnited to utilize land or structures ownedby others, including, but not limited to, Gil-crest Reservoir and other structures orreservoirs for the diversion, carriage, orstorage of water. United may not utilizeany such land or structures until it has ac-quired the legal right to do so. 2.4. Use ofJay Thomas Ditch Diversion Structure.The Jay Thomas Diversion Structure andthe land on which it is located are ownedby the Public Service Company, d/b/aXcel Energy Inc. To the extent the Applic-ant is involved in the construction of a di-version structure for Gilcrest Reservoir atthe Jay Thomas Diversion site, the Applic-ant will not utilize any such land or struc-tures until it, or Gilcrest Reservoir, L.L.C.has acquired the legal right to do so. 3.Source. South Platte River. 4. AmountClaimed. 3,000 acre-feet, conditional,with one refill in the amount of 3,000 acre-feet per year conditional. The designedintake rate is approximately 260 cfs. 5.Amount Claimed Absolute. As of the dateof filing this Application, 225 acre-feethave been stored in Gilcrest Reservoir forUnited’s use. United continues to divertwater into Gilcrest Reservoir under freeriver conditions and claims as absoluteany additional amounts diverted andstored. The absolute amount is includedin the total 3,000 acre-foot claim. 6. Dateof Appropriation. September 13, 2013. 7.How Appropriation was Initiated. OnSeptember 13, 2013, United initiated thisappropriation by installing a pump in theSouth Platte River, diverting and storingfree river water into Gilcrest Reservoir.These diversions were implemented pur-suant to a short-term, temporary leaseagreement with Gilcrest Reservoir, L.L.Cfor storage space in Gilcrest Reservoir.Water stored this year in Gilcrest Reser-voir for United will be used for, but not lim-ited to oil, gas and mineral production, ex-change and augmentation. United’sBoard of Directors passed a Resolutionapproving this appropriation on October 4,2013 (attached as Exhibit 2). 8. Date Wa-ter First Applied to Beneficial Use.September 13, 2013, by the diversion andstorage of water for future use. 9. Uses.9.1. Directly or as a source of augmenta-tion and substitute supply for use on andfor the future development of lands ownedby United and other entities to whomUnited will provide water for land develop-ment in the Beebe Draw, on the 70Ranch, and within the Sand Hills Metro-politan District, as it currently exists ormay exist in the future. For municipal, in-dustrial, commercial, irrigation uses, in-cluding, but not limited to, domestic,mechanical, manufacturing, drought pro-tection, storage, exchange, augmentationand replacement, recharge, substitutesupply, to meet demonstrated future de-mands, and use by other parties with theright to store water in the Reservoir. 9.2.Directly or as a source of augmentationand substitute supply for industrial pur-poses, including but not limited to oil, gasand mineral production. 9.3. Directly or asa source of augmentation and substitutesupply for farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations. 9.4.United asks the Court to decree that it hasthe right to use, reuse, successively useand dispose of by sale, exchange, aug-mentation, or otherwise, to extinction allwater lawfully diverted and/or impoundedpursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, demonstrated futuredemands, exchange, augmentation andreplacement, recharge, substitute supply,and for all other beneficial uses. 10. TotalCapacity. Gilcrest Reservoir has aplanned total capacity of approximately27,000 acre-feet. United has had discus-sions with Gilcrest Reservoir, LLC regard-ing the purchase of a portion of that stor-age. 11. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 11.1. Gilcrest Reservoir. GilcrestReservoir and its diversion and outlet facil-ities are owned by Gilcrest Reservoir,L.L.C., 9191 Towne Centre Drive, Suite210, San Diego, CA 92122. 11.2. JayThomas Diversion Dam. The Jay ThomasDiversion Dam and the land at the point ofdiversion for Gilcrest Reservoir are ownedby Public Service Company, d/b/a XcelEnergy Inc., 1800 Larimer Street, Suite1300, Denver, CO 80202. (6 pages, 6 ex-hibit pages)
Misc. Private Legals
APPLICA-TION FOR A CONDITIONAL STORAGERIGHT AND TO MAKE A PORTION AB-SOLUTE – GILCREST RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1. Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir will consist of a series oflined gravel pit cells. One cell has beenlined and water has been stored in thatcell. A map showing the location of Gil-crest Reservoir is attached as Exhibit 1.Water has been and will be diverted fromthe South Platte River at the diversion fa-cilities described in paragraph 2.2 below.2.2. Name of the Diversion Facilities Usedto Fill Gilcrest Reservoir and Outlet Struc-tures. 2.2.1. Gilcrest Reservoir Points ofDiversion. One point of diversion for Gil-crest Reservoir may be located adjacentto the Jay Thomas Ditch Diversion Damand will be located on the east bank of theSouth Platte River in the NW1/4 of theNW1/4 of Section 11, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado (referred to as the“South Diversion”). A second point diver-sion may be located on the South PlatteRiver downstream of the confluence withthe St. Vrain River in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty Colorado (referred to as the “NorthDiversion”). 2.2.2. Gilcrest Reservoir Out-let Structures. Gilcrest Reservoir will haveoutlets with the capability of returning wa-ter to the South Platte River which may belocated at one of more of the following loc-ations: (1) the SE1/4 of the NW1/4 ofSection 2, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado; (2) the NW1/4 of the NW1/4 of Sec-tion 35, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado;and (3) the SW1/4 of the NE1/4 of Sec-tion 26, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado.2.2.3. Gilcrest Pump. A pump has beenconstructed in the SW1/4 of the SW1/4 ofSection 35, Township 4 North, Range 67West of the 6th P.M., Weld County, Color-ado. A pump may also be constructednear the confluence of the South PlatteRiver and the St. Vrain River in Section34, Township 4 North, Range 67 West ofthe 6th P.M., Weld County, Colorado to al-low for the diversion of water from theSouth Platte River into Gilcrest Reservoirfor storage. 2.3. Use of Gilcrest Reser-voir. Gilcrest Reservoir, L.L.C. owns thestructure, diversion, outlet facilities de-scribed in paragraph 2.2 above and landon which those facilities will be or are loc-ated. Nothing in this Application shall beconstrued to create any right on the part ofUnited to utilize land or structures ownedby others, including, but not limited to, Gil-crest Reservoir and other structures orreservoirs for the diversion, carriage, orstorage of water. United may not utilizeany such land or structures until it has ac-quired the legal right to do so. 2.4. Use ofJay Thomas Ditch Diversion Structure.The Jay Thomas Diversion Structure andthe land on which it is located are ownedby the Public Service Company, d/b/aXcel Energy Inc. To the extent the Applic-ant is involved in the construction of a di-version structure for Gilcrest Reservoir atthe Jay Thomas Diversion site, the Applic-ant will not utilize any such land or struc-tures until it, or Gilcrest Reservoir, L.L.C.has acquired the legal right to do so. 3.Source. South Platte River. 4. AmountClaimed. 3,000 acre-feet, conditional,with one refill in the amount of 3,000 acre-feet per year conditional. The designedintake rate is approximately 260 cfs. 5.Amount Claimed Absolute. As of the dateof filing this Application, 225 acre-feethave been stored in Gilcrest Reservoir forUnited’s use. United continues to divertwater into Gilcrest Reservoir under freeriver conditions and claims as absoluteany additional amounts diverted andstored. The absolute amount is includedin the total 3,000 acre-foot claim. 6. Dateof Appropriation. September 13, 2013. 7.How Appropriation was Initiated. OnSeptember 13, 2013, United initiated thisappropriation by installing a pump in theSouth Platte River, diverting and storingfree river water into Gilcrest Reservoir.These diversions were implemented pur-suant to a short-term, temporary leaseagreement with Gilcrest Reservoir, L.L.Cfor storage space in Gilcrest Reservoir.Water stored this year in Gilcrest Reser-voir for United will be used for, but not lim-ited to oil, gas and mineral production, ex-change and augmentation. United’sBoard of Directors passed a Resolutionapproving this appropriation on October 4,2013 (attached as Exhibit 2). 8. Date Wa-ter First Applied to Beneficial Use.September 13, 2013, by the diversion andstorage of water for future use. 9. Uses.9.1. Directly or as a source of augmenta-tion and substitute supply for use on andfor the future development of lands ownedby United and other entities to whomUnited will provide water for land develop-ment in the Beebe Draw, on the 70Ranch, and within the Sand Hills Metro-politan District, as it currently exists ormay exist in the future. For municipal, in-dustrial, commercial, irrigation uses, in-cluding, but not limited to, domestic,mechanical, manufacturing, drought pro-tection, storage, exchange, augmentationand replacement, recharge, substitutesupply, to meet demonstrated future de-mands, and use by other parties with theright to store water in the Reservoir. 9.2.Directly or as a source of augmentationand substitute supply for industrial pur-poses, including but not limited to oil, gasand mineral production. 9.3. Directly or asa source of augmentation and substitutesupply for farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations. 9.4.United asks the Court to decree that it hasthe right to use, reuse, successively useand dispose of by sale, exchange, aug-mentation, or otherwise, to extinction allwater lawfully diverted and/or impoundedpursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, demonstrated futuredemands, exchange, augmentation andreplacement, recharge, substitute supply,and for all other beneficial uses. 10. TotalCapacity. Gilcrest Reservoir has aplanned total capacity of approximately27,000 acre-feet. United has had discus-sions with Gilcrest Reservoir, LLC regard-ing the purchase of a portion of that stor-age. 11. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 11.1. Gilcrest Reservoir. GilcrestReservoir and its diversion and outlet facil-ities are owned by Gilcrest Reservoir,L.L.C., 9191 Towne Centre Drive, Suite210, San Diego, CA 92122. 11.2. JayThomas Diversion Dam. The Jay ThomasDiversion Dam and the land at the point ofdiversion for Gilcrest Reservoir are ownedby Public Service Company, d/b/a XcelEnergy Inc., 1800 Larimer Street, Suite1300, Denver, CO 80202. (6 pages, 6 ex-hibit pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4623First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Misc. Private Legals
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4623First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DECEMBER 2013 WATERRESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3182 United Water and Sanita-tion District, acting by and through theUnited Water Acquisition Enterprise(“United” or the “Applicant”), c/oRobert Lembke, 8301 East PrenticeAve., #100, Greenwood Village, Color-ado 80111, (303) 775-1005. APPLICA-TION FOR A CONDITIONAL STORAGERIGHT – HIGHLANDS RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph2.2 below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) Barr Lakesystem. United has the ability to useFRICO’s delivery canals pursuant to theconveyance contract between United andFRICO. United will construct HighlandsReservoir for multiple uses, including, butnot limited to: (a) satisfying its obligationsto the Arapahoe County Water andWastewater Authority (“ACWWA”) underthe Intergovernmental Agreement datedDecember 15, 2009, and the East CherryCreek Valley Water and Sanitation Dis-trict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) the direct use and aug-mentation of wells in the Beebe Draw foruse on and development of lands ownedby United or affiliated entities in the BeebeDraw and the Sand Hills Metropolitan Dis-trict; and (c) storage for other entities 2.2.Name of Diversion Facilities. 2.2.1.United Diversion Facility No. 3. Theheadgate is on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado. Thediversion structure has a current capacityof 100 c.f.s, with the ability to expand tomore than 500 c.f.s. This Diversion deliv-ers water to the United No. 3 Reservoir,from which water is delivered through theBeebe Pipeline to the Burlington/O’BrienCanal immediately above Barr Lake. FromBarr Lake the water will be deliveredthrough FRICO delivery canals in theBeebe Draw to Highlands Reservoir.2.2.2. Burlington Ditch (also known asBurlington/O’Brien Canal). The headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 c.f.s. of excess ca-pacity in the Burlington Ditch. United’suse of the Ditch wil l be l imited byThornton’s prior right. 2.3. Source. SouthPlatte River. 2.4. Amount Claimed. 2,000acre-feet conditional, with one refill in theamount of 2,000 acre-feet per year condi-tional. 2.5. Date of Appropriation. Octo-ber 4, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedthe United’s Board of Directors’ approvalof a resolution on October 4, 2013, ap-proving this appropriation (attached as Ex-hibit 2), the posting of Notices of Appropri-ation at the site of the Reservoir and at thepoint of diversion on October 22, 2013 (at-tached as Exhibit 3), and the filing of thisApplication as directed by the Resolutionand pursuant to the Notices of Appropri-ation. United has conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir, has identi-fied the location of Highlands Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructures as described in paragraph 2.2.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright for uses other than those claimed by(a) ECCV jointly with United and (2)ACWWA jointly with United in applica-tions filed with the District Court, Water Di-vision No. 1, on December 30, 2013 forconditional storage rights in HighlandsReservoir. By this application, Unitedseeks a decree granting the right to usethe above-described conditional waterright as follows: 2.8.1. Directly or as asource of augmentation and substitutesupply for use on and for the future devel-opment of lands owned by United and oth-er entities to whom United will provide wa-ter for land development in the BeebeDraw and within the Sand Hills Metropolit-an District as it currently exists or may ex-ist in the future. For municipal, industrial,commercial, irrigation uses, including, butnot limited to, domestic, mechanical, man-ufacturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. Directly or as asource of augmentation and substitutesupply for industrial purposes, includingbut not limited to oil, gas and mineral pro-duction. 2.8.3. Directly or as a source ofaugmentation and substitute supply for ir-rigation of farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.4. United asks the Court to decree thatit has the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, future planned devel-opment, commercial, industrial, exchange,augmentation and replacement, recharge,substitute supply, to meet future demon-strated demand, and for all other benefi-cial uses. 2.9. Total Capacity. HighlandsReservoir has a planned total capacity of2,000 acre-feet. 2.10. Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above, and lands on which those facil-ities will be located. 2.10.1. HighlandsReservoir will be owned by the United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The landon which the Reservoir will be located isowned by Highland Equities, L.L.C., 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 2.10.3.The United Water and Sanitation District,8301 East Prentice Ave., Suite 100,Greenwood Village, Colorado 80111 holdsa perpetual easement granted by Hender-son Aggregate, LTD for the United Diver-sion Facility No. 3. The diversion struc-ture is owned by United. 2.10.4. The Burl-i n g t o n D i t c h ( a l s o k n o w n a sBurlington/O’Brien Canal) is owned by theFarmers Reservoir and Irrigation Com-pany (“FRICO”), 80 South 27th AvenueBrighton, Colorado 80601. 2.10.5. BarrLake and the canals which will be used todeliver water to Highlands Reservoir areowned by FRICO. (6 pages, 8 exhibitpages)
Misc. Private Legals
APPLICA-TION FOR A CONDITIONAL STORAGERIGHT – HIGHLANDS RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph2.2 below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) Barr Lakesystem. United has the ability to useFRICO’s delivery canals pursuant to theconveyance contract between United andFRICO. United will construct HighlandsReservoir for multiple uses, including, butnot limited to: (a) satisfying its obligationsto the Arapahoe County Water andWastewater Authority (“ACWWA”) underthe Intergovernmental Agreement datedDecember 15, 2009, and the East CherryCreek Valley Water and Sanitation Dis-trict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) the direct use and aug-mentation of wells in the Beebe Draw foruse on and development of lands ownedby United or affiliated entities in the BeebeDraw and the Sand Hills Metropolitan Dis-trict; and (c) storage for other entities 2.2.Name of Diversion Facilities. 2.2.1.United Diversion Facility No. 3. Theheadgate is on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado. Thediversion structure has a current capacityof 100 c.f.s, with the ability to expand tomore than 500 c.f.s. This Diversion deliv-ers water to the United No. 3 Reservoir,from which water is delivered through theBeebe Pipeline to the Burlington/O’BrienCanal immediately above Barr Lake. FromBarr Lake the water will be deliveredthrough FRICO delivery canals in theBeebe Draw to Highlands Reservoir.2.2.2. Burlington Ditch (also known asBurlington/O’Brien Canal). The headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 c.f.s. of excess ca-pacity in the Burlington Ditch. United’suse of the Ditch wil l be l imited byThornton’s prior right. 2.3. Source. SouthPlatte River. 2.4. Amount Claimed. 2,000acre-feet conditional, with one refill in theamount of 2,000 acre-feet per year condi-tional. 2.5. Date of Appropriation. Octo-ber 4, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedthe United’s Board of Directors’ approvalof a resolution on October 4, 2013, ap-proving this appropriation (attached as Ex-hibit 2), the posting of Notices of Appropri-ation at the site of the Reservoir and at thepoint of diversion on October 22, 2013 (at-tached as Exhibit 3), and the filing of thisApplication as directed by the Resolutionand pursuant to the Notices of Appropri-ation. United has conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir, has identi-fied the location of Highlands Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructures as described in paragraph 2.2.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright for uses other than those claimed by(a) ECCV jointly with United and (2)ACWWA jointly with United in applica-tions filed with the District Court, Water Di-vision No. 1, on December 30, 2013 forconditional storage rights in HighlandsReservoir. By this application, Unitedseeks a decree granting the right to usethe above-described conditional waterright as follows: 2.8.1. Directly or as asource of augmentation and substitutesupply for use on and for the future devel-opment of lands owned by United and oth-er entities to whom United will provide wa-ter for land development in the BeebeDraw and within the Sand Hills Metropolit-an District as it currently exists or may ex-ist in the future. For municipal, industrial,commercial, irrigation uses, including, butnot limited to, domestic, mechanical, man-ufacturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. Directly or as asource of augmentation and substitutesupply for industrial purposes, includingbut not limited to oil, gas and mineral pro-duction. 2.8.3. Directly or as a source ofaugmentation and substitute supply for ir-rigation of farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.4. United asks the Court to decree thatit has the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, future planned devel-opment, commercial, industrial, exchange,augmentation and replacement, recharge,substitute supply, to meet future demon-strated demand, and for all other benefi-cial uses. 2.9. Total Capacity. HighlandsReservoir has a planned total capacity of2,000 acre-feet. 2.10. Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above, and lands on which those facil-ities will be located. 2.10.1. HighlandsReservoir will be owned by the United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The landon which the Reservoir will be located isowned by Highland Equities, L.L.C., 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 2.10.3.The United Water and Sanitation District,8301 East Prentice Ave., Suite 100,Greenwood Village, Colorado 80111 holdsa perpetual easement granted by Hender-son Aggregate, LTD for the United Diver-sion Facility No. 3. The diversion struc-ture is owned by United. 2.10.4. The Burl-i n g t o n D i t c h ( a l s o k n o w n a sBurlington/O’Brien Canal) is owned by theFarmers Reservoir and Irrigation Com-pany (“FRICO”), 80 South 27th AvenueBrighton, Colorado 80601. 2.10.5. BarrLake and the canals which will be used todeliver water to Highlands Reservoir areowned by FRICO. (6 pages, 8 exhibitpages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4624First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013 WATERRESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3183 United Water and Sanita-tion District, acting by and through theUnited Water Acquisition Enterprise(“United” or the “Applicant”), c/oRobert Lembke, 8301 East PrenticeAve., #100, Greenwood Village, Color-ado 80111, (303) 775-1005. APPLICA-TION FOR A CONDITIONAL STORAGERIGHT, CONDITIONAL RIGHT OF RE-CHARGE, AND INCLUSION AS ASOURCE OF WATER FOR THE AUG-MENTATION PLAN DECREED IN CASENO. 88CW264(B) IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Tod J. Smith,Esq., LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forApplicant). 2. Description of ConditionalWater Storage Right. 2.1. Name of Struc-ture. 2.1.1. 70 Ranch Reservoir. The 70Ranch Reservoir will be located in theS1/2 of Section 3, Township 4 North,Range 63 West of the 6th P.M. and a por-tion of the NE1/4 of Section 10, Township4 North, Range 63 West of the 6th P.M. inWeld County, Colorado. A map showingthe location of 70 Ranch Reservoir is at-tached as Exhibit 1. The 70 Ranch Reser-voir and the diversion facility describedbelow will be used for multiple uses in-cluding, but not limited to: (a) satisfying itsobligations to the Arapahoe County Waterand Wastewater Authority (“ACWWA”) un-der the Intergovernmental Agreementdated December 15, 2009, and the EastCherry Creek Valley Water and SanitationDistrict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) augmentation of wells onthe 70 Ranch and on other propertyowned by United and other entities; and(c) storage for other entities. 2.2. Name ofDiversion Facility. 2.2.1. Diversion Struc-ture. Located in the SE1/4 of the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado, and United Diversion Facility No. 6,which is claimed in Case No. 10CW306for inclusion in the 70 Ranch Plan for Aug-mentation and will be located in theNW1/4 of the NE1/4 of Section 3, Town-ship 4 North, Range 63 West and theSE1/4 of the SW1/4 of Township 5 North,Range 63 West, both of the 6th P.M.,Weld County, Colorado. 2.3. Source.South Platte River. 2.4. Amount and RateClaimed. 6,000 acre-feet, conditional,with one refill in the amount of 6,000 acre-feet per year conditional. Design of the in-take structure has not been completed butis estimated at approximately 100 c.f.s.2.5. Date of Appropriation. October 4,2013. 2.6. How Appropriation was Initi-ated. The appropriation date is based theUnited’s Board of Directors’ approval of aresolution on October 4, 2013 (attachedas Exhibit 2), approving this appropriation,the posting of Notices of Appropriation atthe site of the Reservoir and at the point ofdiversion on October 22, 2013 (attachedas Exhibit 3), and the filing of this Applica-tion as directed by the Resolution and pur-suant to the Notices of Appropriation.United has conducted engineering stud-ies to determine the feasibility of con-structing 70 Ranch Reservoir, has identi-fied the location of 70 Ranch Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructure as described in paragraph 2.2.1.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright on its own behalf for uses other thanthose claimed by (a) ECCV jointly withUnited and (2) ACWWA jointly with Unitedin applications filed with the District Court,Water Division No. 1, on December 30,2013. By this application, United seeks adecree granting the right to use the above-described conditional water right as fol-lows: 2.8.1. Directly or as a source of aug-mentation and substitute supply for use onand for the future development of landsowned by United, 70 Ranch, LLC, andother entities to whom United will providewater for land development in the BeebeDraw and within the Sand Hills Metropolit-an District, as it now exists or may exist inthe future. For municipal, industrial, com-mercial, irrigation uses, including, but notlimited to, domestic, mechanical, manu-facturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. For inclusion as asource of supply in the plan for augmenta-tion previously decreed in Case No.88CW264(B), District Court, Water Divi-sion No. 1, Decree entered August 20,1996, for municipal, industrial, commer-cial, irrigation uses, including, but not lim-ited to, domestic, mechanical, manufactur-ing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir on the 70 Ranch in WeldCounty, Colorado, and within the SandHills Metropolitan District, as it now existsor may exist in the future. 2.8.3. Directlyor as a source of augmentation and sub-stitute supply for industrial purposes, in-cluding but not limited to oil, gas and min-eral production. 2.8.4. Directly or as asource of augmentation and substitutesupply on farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.5. For delivery to recharge in the Har-en Recharge Pond by exchange. TheHaren Recharge Pond and related facilit-ies are described below in paragraph 3.2.8.6. United asks the Court to decreethat they have the right to use, reuse, suc-cessively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. United seeks a de-cree granting the right to use the above-described conditional water rights for allindustrial, commercial, irrigation and muni-cipal uses, including but not limited to do-mestic, mechanical, manufacturing,drought protection, storage, exchange,augmentation and replacement, recharge,substitute supply, to meet demonstratedfuture demands, use by other parties withthe right to store water in the Reservoirand for other beneficial purposes. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 2.10.1. 70 Ranch Reservoir and itsdiversion facilities are owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The facilit-ies described above will be located onland owned by 70 Ranch, LLC, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 3. Description ofConditional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. The Pond hasbeen constructed and is operational. 3.2.Name of Diversion Facility. 3.2.1. HarenPipeline. The Haren Pipeline will divertwater from the South Platte River at oneof two alternate locations: 3.2.1.1. TheSE1/4 of the NE1/4 of Section 18, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.2.1.2.SE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M., Weld County, Colorado. A mapshowing the location of the Haren Re-charge Pond and the Haren Pipeline al-ternate alignments is attached as Exhibit4. 3.3. Source. South Platte River. 3.4.Amount Claimed. 50 c.f.s., conditional.3.5. Date of Appropriation. December 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the posting of Notices of Appropri-ation on December 13, 2013 (attached asExhibit 5) and the filing of this Application.3.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 3.8. Uses. The Applicant seeks adecree granting the right to use the above-described conditional water right for theuses described above in paragraph 2.8.3.9. Name and Addresses of the Owner ofthe Structure and the Diversion FacilityListed Above, and land on which the diver-sion facilities will be located. 3.9.1. TheHaren Recharge Pond is owned by theCentral Colorado Water Conservancy Dis-trict, 3209 West 28th Street, Greeley, Col-orado 80634 and the United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, Col-orado 80111. 3.9.2. The Haren Pipelineis owned by the United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 3.9.3. The Haren Pipeline Diver-sion Alternate 1 identified above in para-graph 3.2.1.1 will be located on landowned by the Eaton Cattle Company,21421 Highway 60, Platteville, CO 80651(Dorothy Thomas Phelps). 3.9.4. TheHaren Pipeline Diversion Alternate 2 iden-tified above in paragraph 3.2.1.2. will belocated on land owned by RML PropertiesInvestors, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. (7 pages, 10 exhibit pages)
Englewood Herald 23 January 24, 2014
23
Misc. Private Legals
APPLICA-TION FOR A CONDITIONAL STORAGERIGHT, CONDITIONAL RIGHT OF RE-CHARGE, AND INCLUSION AS ASOURCE OF WATER FOR THE AUG-MENTATION PLAN DECREED IN CASENO. 88CW264(B) IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Tod J. Smith,Esq., LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forApplicant). 2. Description of ConditionalWater Storage Right. 2.1. Name of Struc-ture. 2.1.1. 70 Ranch Reservoir. The 70Ranch Reservoir will be located in theS1/2 of Section 3, Township 4 North,Range 63 West of the 6th P.M. and a por-tion of the NE1/4 of Section 10, Township4 North, Range 63 West of the 6th P.M. inWeld County, Colorado. A map showingthe location of 70 Ranch Reservoir is at-tached as Exhibit 1. The 70 Ranch Reser-voir and the diversion facility describedbelow will be used for multiple uses in-cluding, but not limited to: (a) satisfying itsobligations to the Arapahoe County Waterand Wastewater Authority (“ACWWA”) un-der the Intergovernmental Agreementdated December 15, 2009, and the EastCherry Creek Valley Water and SanitationDistrict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) augmentation of wells onthe 70 Ranch and on other propertyowned by United and other entities; and(c) storage for other entities. 2.2. Name ofDiversion Facility. 2.2.1. Diversion Struc-ture. Located in the SE1/4 of the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado, and United Diversion Facility No. 6,which is claimed in Case No. 10CW306for inclusion in the 70 Ranch Plan for Aug-mentation and will be located in theNW1/4 of the NE1/4 of Section 3, Town-ship 4 North, Range 63 West and theSE1/4 of the SW1/4 of Township 5 North,Range 63 West, both of the 6th P.M.,Weld County, Colorado. 2.3. Source.South Platte River. 2.4. Amount and RateClaimed. 6,000 acre-feet, conditional,with one refill in the amount of 6,000 acre-feet per year conditional. Design of the in-take structure has not been completed butis estimated at approximately 100 c.f.s.2.5. Date of Appropriation. October 4,2013. 2.6. How Appropriation was Initi-ated. The appropriation date is based theUnited’s Board of Directors’ approval of aresolution on October 4, 2013 (attachedas Exhibit 2), approving this appropriation,the posting of Notices of Appropriation atthe site of the Reservoir and at the point ofdiversion on October 22, 2013 (attachedas Exhibit 3), and the filing of this Applica-tion as directed by the Resolution and pur-suant to the Notices of Appropriation.United has conducted engineering stud-ies to determine the feasibility of con-structing 70 Ranch Reservoir, has identi-fied the location of 70 Ranch Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructure as described in paragraph 2.2.1.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright on its own behalf for uses other thanthose claimed by (a) ECCV jointly withUnited and (2) ACWWA jointly with Unitedin applications filed with the District Court,Water Division No. 1, on December 30,2013. By this application, United seeks adecree granting the right to use the above-described conditional water right as fol-lows: 2.8.1. Directly or as a source of aug-mentation and substitute supply for use onand for the future development of landsowned by United, 70 Ranch, LLC, andother entities to whom United will providewater for land development in the BeebeDraw and within the Sand Hills Metropolit-an District, as it now exists or may exist inthe future. For municipal, industrial, com-mercial, irrigation uses, including, but notlimited to, domestic, mechanical, manu-facturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. For inclusion as asource of supply in the plan for augmenta-tion previously decreed in Case No.88CW264(B), District Court, Water Divi-sion No. 1, Decree entered August 20,1996, for municipal, industrial, commer-cial, irrigation uses, including, but not lim-ited to, domestic, mechanical, manufactur-ing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir on the 70 Ranch in WeldCounty, Colorado, and within the SandHills Metropolitan District, as it now existsor may exist in the future. 2.8.3. Directlyor as a source of augmentation and sub-stitute supply for industrial purposes, in-cluding but not limited to oil, gas and min-eral production. 2.8.4. Directly or as asource of augmentation and substitutesupply on farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.5. For delivery to recharge in the Har-en Recharge Pond by exchange. TheHaren Recharge Pond and related facilit-ies are described below in paragraph 3.2.8.6. United asks the Court to decreethat they have the right to use, reuse, suc-cessively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. United seeks a de-cree granting the right to use the above-described conditional water rights for allindustrial, commercial, irrigation and muni-cipal uses, including but not limited to do-mestic, mechanical, manufacturing,drought protection, storage, exchange,augmentation and replacement, recharge,substitute supply, to meet demonstratedfuture demands, use by other parties withthe right to store water in the Reservoirand for other beneficial purposes. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 2.10.1. 70 Ranch Reservoir and itsdiversion facilities are owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The facilit-ies described above will be located onland owned by 70 Ranch, LLC, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 3. Description ofConditional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. The Pond hasbeen constructed and is operational. 3.2.Name of Diversion Facility. 3.2.1. HarenPipeline. The Haren Pipeline will divertwater from the South Platte River at oneof two alternate locations: 3.2.1.1. TheSE1/4 of the NE1/4 of Section 18, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.2.1.2.SE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M., Weld County, Colorado. A mapshowing the location of the Haren Re-charge Pond and the Haren Pipeline al-ternate alignments is attached as Exhibit4. 3.3. Source. South Platte River. 3.4.Amount Claimed. 50 c.f.s., conditional.3.5. Date of Appropriation. December 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the posting of Notices of Appropri-ation on December 13, 2013 (attached asExhibit 5) and the filing of this Application.3.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 3.8. Uses. The Applicant seeks adecree granting the right to use the above-described conditional water right for theuses described above in paragraph 2.8.3.9. Name and Addresses of the Owner ofthe Structure and the Diversion FacilityListed Above, and land on which the diver-sion facilities will be located. 3.9.1. TheHaren Recharge Pond is owned by theCentral Colorado Water Conservancy Dis-trict, 3209 West 28th Street, Greeley, Col-orado 80634 and the United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, Col-orado 80111. 3.9.2. The Haren Pipelineis owned by the United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 3.9.3. The Haren Pipeline Diver-sion Alternate 1 identified above in para-graph 3.2.1.1 will be located on landowned by the Eaton Cattle Company,21421 Highway 60, Platteville, CO 80651(Dorothy Thomas Phelps). 3.9.4. TheHaren Pipeline Diversion Alternate 2 iden-tified above in paragraph 3.2.1.2. will belocated on land owned by RML PropertiesInvestors, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. (7 pages, 10 exhibit pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4625First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3184 Upper Cherry Creek WaterAssociation, Consisting of ArapahoeCounty Water and Wastewater Author-ity; City of Aurora, Colorado, acting byand through its Utility Enterprise; Stateof Colorado, Department of Natural Re-sources, Division of Parks ND Wildlifeand Parks and Wildlife Commission;Cottonwood Water and Sanitation District;and East Cherry Creek Valley Water andSanitation District, in the South PlatteRiver and Its Tributaries Including CherryCreek, in Adams, Arapahoe, Denver,Douglas and Jefferson Counties, c/o Attor-neys John M. Dingess, Esq., and Peter C.Johnson, Esq., Duncan, Ostrander & Din-gess, P.C., 3600 S. Yosemite Street, Suite500, Denver, Colorado 80237-1829, 303-779-0200. APPLICATION TO MAKECONDITIONAL WATER RIGHT ABSO-LUTE, FOR A FINDING OF REASON-ABLE DILIGENCE AND TO CONTINUECONDITIONAL WATER RIGHTS INA D A M S , A R A P A H O E , D E N V E R ,D O U G L A S A N D J E F F E R S O NCOUNTIES. Applicants Upper CherryCreek Water Association and its memberentities, by and through the undersignedcounsel, hereby submit the following ap-plication to make a portion of their condi-tional water rights absolute, for finding ofreasonable diligence and to continue theirconditional water rights. 1. Name, ad-dress and telephone number of Applicant:The Upper Cherry Creek Water Associ-ation consists of the following Members:1.1. Arapahoe County Water andWastewater Authority (“ACWWA”), 13031East Caley Avenue, Englewood, Color-ado 80111, Telephone: 303.790.4830;1.2. City of Aurora, Colorado, a municipalcorporation of the Counties of Adams, Ar-apahoe and Douglas, acting by andthrough its Utility Enterprise (“Aurora”),15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012, Tele-phone: 303.739.7030; 1.3. Colorado Divi-sion of Parks and Wildlife (“CPW”), 6060Broadway, Denver, CO 80216, Tele-phone: 303.291.7261; 1.4. CottonwoodWater and Sanitation District (“CWSD”), 2Inverness Drive East, Englewood, Color-ado 80112, Telephone: 303.792.9509,1.5. East Cherry Creek Valley Water andSanitation District (“ECCV”), 6201 SouthGun Club Road, Aurora, Colorado 80015,Telephone: 303.693.3800, 1.6. UpperCherry Creek Water Association (“UC-CWA”): For the purposes of this case,ACWWA, Aurora, CPW, CWSD, and EC-CV are acting together as Members of theUpper Cherry Creek Water Associationestablished by the Establishing Contractdated December 17, 2001. ACWWA, Au-rora, CPW, CWSD, and ECCV are collect-ively referred to as “UCCWA” or “Applic-ant” and individually referred to as “Mem-bers.” 2. Description of conditional waterrights: The water rights which are thesubject of this application involve one con-ditional water storage right and one condi-tional appropriative right of exchange withseveral exchange-to and exchange-frompoints. 2.1 Description of Conditional Wa-ter Storage Right: A. Previous Decree:The original decree was entered in CaseNo. 01CW284, District Court, Water Divi-sion No. 1 on December 4, 2007 (the“01CW284 Decree”). B. Cherry CreekReservoir Augmentation Pool: In CaseNo. 01CW284, Member CPW was gran-ted a conditional water storage right with-in the existing storage capacity of CherryCreek Reservoir. CPW was also grantedthe right to fully consume water stored un-der this right. The details of this right areas follows: 1. Location: This right will bestored within the existing storage capacityof Cherry Creek Reservoir, which is an on-channel reservoir located in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, and 24, T5S,R67W, 6th P.M.; Sections 31 and 32, T4S,R66W, 6th P.M.; and Sections 7, 18 and19, T5S, R66W, 6th P.M., all in ArapahoeCounty, Colorado. The initial point of sur-vey of the high water line of the reservoiris located at a point whence the Southw-est Corner of Section 34, T4S, R67W, 6thP.M. bears North 54°54’ West a distanceof 5,856.8 feet. The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.2. Source of Water: Surface water inCherry Creek, tributary to the South PlatteRiver. 3. Date of Appropriation: July 27,2001. 4. Amount of Appropriation: 12,805acre-feet, Conditional, with the right to filland refill this right successively as manytimes as the management purposes of the01CW284 Decree allow. 5. Uses: Recre-ation, piscatorial and wildlife, augmenta-tion (including augmentation of evapora-tion from Cherry Creek Reservoir), andexchange. 2.2 Description of ConditionalAppropriative Right of Exchange: A. Previ-ous Decree: The 01CW284 Decree, asdescribed in paragraph 2.1(A) above. B.Points of diversion or “exchange-to”points: 1. ACWWA surface diversionstructures: a) Cottonwood Diversion Struc-ture No. 1: (1) Location: In the SE1/4 ofthe NE1/4 of Section 23, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 50 feet from the EastSection line and 1,450 feet from the NorthSection line of said Section 23. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. b) Lone Tree Surface Di-version: (1) Location: In the SW1/4 of theNE1/4 of Section 24, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 2,250 feet from theEast Section line and 2,200 feet from theNorth Section line of said Section 24. (2)Original Decree: Case No. 90CW201 for2.67 cfs, conditional, with an appropri-ation date of April 23, 1990. c) WindmillDiversion Structure No. 1: (1) Location: Inthe SW1/4 of the SW1/4 of Section 30,T5S, R66W, 6th P.M., Arapahoe County,Colorado, at a point approximately 1,300feet from the East Section line and 100feet from the South Section line of saidSection 30. (2) Original Decree: Case No.90CW201 for 2.67 cfs, conditional, with anappropriation date of April 23, 1990. d)Windmill Diversion Structure No. 2: (1)Location: In the SE1/4 of the NW1/4 ofSection 30, T5S, R66W, 6th P.M., Ar-apahoe County, Colorado, at a point ap-proximately 1,850 feet from the East Sec-tion line and 2,100 feet from the NorthSection line of said Section 30. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. 2. Cherry Creek Reser-voir, more fully described in Paragraph2.1(B) above. 3. In addition to the specificupstream points of diversion (or “ex-change-to” points) described above, ex-changes may be made directly to Mem-bers' wells (listed in Appendix 1 attachedto the Application) that are located within100 feet of the stream or to the point onCherry Creek where pumping depletes thestream, but no further upstream than thelocation of the U.S. Geological Surveystream gage below the Town of Parker,Colorado, which is located on CherryCreek in the SE1/4 of the NW1/4 of theNE1/4 of Section 21, T6S, R66W, 6thP.M., Douglas County, Colorado, on theright bank 200 feet upstream from MainStreet, 1,100 feet downstream from themouth of Sulphur Gulch, and 0.8 milesWest of the Town of Parker, Colorado.The approximate latitude of this point is39°31’09” North and the approximate lon-gitude is 104°46’45” West. C. Points ofsubstitute supply, or “exchange-from”points: 1. Confluence of Sand Creek andthe South Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, of the6th P.M., Adams County, Colorado. 2.Confluence of Cherry Creek and theSouth Platte River: This point is located onthe South Platte River in the NE1/4 of theNW1/4 of Section 33, T3S, R68W, 6thP.M, Denver County, Colorado. 3. TheOutfall of the Metro Wastewater Reclama-tion District: The outfall is located on theSouth Platte River in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, 6th P.M.,Adams County, Colorado. 4. GardenerDitch Headgate on the South Platte River:The decreed location is a point on theWest bank of the South Platte River ap-proximately 2° South, 15’ West, 2,167 feetfrom the corner of Sections 1, 2, 11 and12 of T3S, R68W, 6th P.M., AdamsCounty, Colorado. The point of diversionhas been relocated approximately onehalf mile further upstream on the SouthPlatte River. 5. Cherry Creek ReservoirOutlet Works: The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.D. Sources of substitute supply: WaterDeliverable to the Confluence of SandCreek and the South Platte River and theoutfall of the Metro Wastewater Reclama-tion District Treatment Plant: a) Water de-liverable to the Aurora Sand CreekWastewater Treatment Plant Outfall andwater deliverable to the Metro Wastewa-ter Reclamation District Outfall from re-usable sources owned by Aurora includ-ing trans-basin and fully consumptive usewaters, a portion of which is reusable non-tributary groundwater derived from ECCVsources, as more specifically described inthe 01CW284 Decree. b) Future Replace-ment Sources: Upon approval of the Divi-sion Engineer for Water Division 1, othertransbasin sources, fully consumable in-basin water rights that are available formunicipal use, and decreed nontributarysources that Aurora adjudicates, buys,leases or otherwise acquires in the future.c) Contract Eff luent or ReclaimedWastewater: Contract effluent or re-claimed wastewater in excess of Aurora’sexisting lease commitments for fully con-sumptive use water deliverable to theMetro Wastewater Reclamation Districtoutfall available to Aurora pursuant to itssewage transmission agreement with EC-CV dated May 15, 1976. d) AdditionalContract Effluent or Reclaimed Wastewa-ter: Additional contract effluent or re-claimed wastewater not subordinate toAurora’s use thereof for exchange and/oraugmentation purposes as provided inCase Nos. 86CW340, 89CW214 and89CW215, and 99CW158, and not subor-dinate to Aurora’s lease commitments forfully consumptive use water deliverable tothe outfall of the Metro Wastewater Re-clamation District and/or Sand CreekWastewater Treatment Plant existing onthe date of entry of this Decree. 2. Waterthat will be delivered to the confluence ofCherry Creek and the South Platte River.a) Member CPW’s Deer Creek Rights, asdecreed in Case No. Case No. 1678, Dis-tr ict Court, Park County, and sub-sequen t l y changed i n Case No .84CW566, Water Division 1, as more fullydescribed in paragraph 28.2 of the01CW284 Decree. b) Aurora’s reusablewater stored in Strontia Springs Reservoir.3. Water that will be delivered to theGardener Ditch headgate: CPW’s Garden-er Ditch Rights, as decreed in Case No.37275, District Court, City and County ofDenver, for which a change is pending inCase No. 98CW462, Water Division 1,and which is more fully described in para-graph 28.3 of the 01CW284 Decree. 4.Water that will be released from theCherry Creek Reservoir AugmentationPool: as more fully described in Para-graph 2.1(B) above and in the 01CW284Decree. E. Exchange Appropriation In-formation: 1. Date of Appropriation: June25, 1996. 2. Amount: 70.3 cfs, condition-al; 29.7 cfs, absolute. a) Note: In the01CW284 Decree, UCCWA was awardedan absolute water right in the amount of29.7 cfs for the above-described ex-change. This application for a finding ofreasonable diligence applies only to the70.3 cfs amount of this exchange whichremains conditional. 3. Decreed Uses: Allbeneficial uses presently decreed orclaimed for the structures described in Ap-pendix 1 attached hereto, inclusive, andthe conditional storage water right for theCherry Creek Reservoir AugmentationPool granted to CPW in the 01CW284 De-cree, including aesthetic, augmentation,commercial, domestic, fire protection, fishand wildlife propagation, industrial, irriga-tion, municipal, recreational, and storage.3. Integrated Water Supply System: Theconditionally decreed water rights de-scribed above each constitute a feature ofan integrated water system. “When aproject or integrated system is comprisedof several features, work on one feature ofthe project or system shall be consideredin finding that reasonable diligence hasbeen shown in the development of waterrights for all features of the entire projector system.” C.R.S. § 37-92-301(4)(b). 4.Detailed outline of what has been done to-ward completion or for completion of theappropriation and application of water to abeneficial use as conditionally decreed, in-cluding expenditures, during the previousdiligence period: During this diligence peri-od, Applicant and its members undertookthe following work in furtherance of theseconditional water rights, including the fol-lowing: 4.1. UCCWA: A. UCCWA has act-ively protected the subject conditional wa-ter rights from potential injury by perform-ing monthly reviews of the Water Division1 water court resume to determine wheth-er the filing of Statements of Oppositionwas necessary to protect its water rights inWater Division 1, including these condi-tional water rights. UCCWA has filedstatements of opposition in several casesto protect its water rights during this dili-gence period. Additionally, UCCWA’scounsel has continued to participate inpending legal actions to protect these con-ditional water rights during this diligenceperiod. During the subject diligence peri-od, UCCWA expended approximately$72,844 on legal expenses and $22,479on engineering expenses for the afore-mentioned protection of these conditionalwater rights. B. UCCWA has engaged insystem-wide diligence activities in order tomore efficiently manage its water re-sources, thus increasing the opportunity tostore additional amounts of water underthe subject conditional water storage rightand to exchange additional amounts ofwater under the subject conditional appro-priative right of exchange. This work in-cludes engineering analyses and legalconsultation regarding the operation ofUCCWA’s water resources. UCCWA hasalso performed periodic updates to the“Gain Equation” as required by the de-cree in Case No. 01CW284. During thisdiligence period, UCCWA has expendedapproximately $9,867 on legal expensesand $40,450 on engineering expenses forthese system-wide diligence activities. 4.2.Aurora: During this diligence period, Au-rora performed work on other parts of itsintegrated water supply system that iseither necessary for the successful opera-tion of the subject water rights or in fur-therance of those rights, including the fol-lowing: A. South Platte River Basin: 1.Prairie Waters Project: During this dili-gence period, Aurora has expended$545,852,000 on the construction of sev-eral elements of its Prairie Waters Project.This work will make additional Aurora wa-ter available at the outfall of the MetroWastewater Treatment Plant. 2. Construc-tion of Northern Treatment Plant: Aurorais a member of the Metro Wastewater Re-clamation District (“Metro”). Metro is cur-rently constructing its Northern TreatmentPlant, which is projected to be operationalby 2016. Once this treatment plant is op-erational, entities that previously treatedtheir wastewater at the Robert W. HiteTreatment Facility will treat some of theireffluent at the new Northern TreatmentPlant, thus freeing up capacity in theRobert W. Hite Treatment Facility for addi-tional amounts of effluent, which may beexchanged upstream to the exchange-topoints described herein. 3. Sand CreekWater Reuse Plant: Aurora operates this5-million-gallon per day facility to providetreated water for irrigation throughout theCity. During this diligence period, Auroraexpended approximately $3,023,000 onimprovements and expansion of this facil-ity. This work is necessary for reuse with-in the South Platte River Basin of the wa-ter that is the subject of the exchangeherein. 4. Reuse of Lawn Irrigation ReturnFlows: During this diligence period, Au-rora prosecuted Case No. 02CW341, Wa-ter Division 1, under which return flowsfrom lawn irrigation use of the water fromthe subject exchange are quantified to fa-cilitate future reuse of this water. A de-cree was entered in this case in Decem-ber of 2008. Aurora also performed stud-ies of LIRFs throughout Aurora that in-cluded various analyses conducted to de-termine the amount, timing, and locationof LIRFs within several drainage basinswithin Aurora’s service area, includingSand Creek. 5. Reuse Water SystemMaster Plan: In December 2008, Auroracompleted its Reuse Water System Mas-ter Plan. The goal of this study was to ex-plore options for optimization of Aurora’sreuse water system, and to develop a cap-ital improvement program outlining expan-sion of the reuse water system in severalphases. This reusable water includes sev-eral sources of substitute supply for thesubject exchange. 6. South Platte Ex-change: On September 22, 2013, Auroraobtained a decree in Case No. 08CW253,Water Division 1, granting a finding ofreasonable diligence and making abso-lute portions of conditional exchangerights. These water rights allow Aurora toexchange its reusable water from the con-fluence of Tarryall Creek and the SouthPlatte River to Spinney Mountain Reser-voir, where it can be released as a sourceof substitute supply for the subject ex-change. 7. Griswold Water TreatmentPlant Renovations: This facility treats aportion of the raw water before it is de-livered to Aurora’s customers. Approxim-ately $1,255,000 was spent by Aurora dur-ing this diligence period for improvementsto this facility. 8. Wemlinger Water Treat-ment Plant Expansion: During this dili-gence period, Aurora spent approximately$1,768,000 on expansion of the Wem-linger Water Treatment Plant. This facilitytreats a portion of the raw water that is areplacement source herein before it is de-livered to Aurora’s customers. 9. Auto-mated Meter Reading System: Auroraspent approximately $4,377,000 duringthis diligence period for conversion of itsmanual utility reading system to a fullyautomated system. 10. Study of Aurora’sWater Needs: During this diligence peri-od, Aurora spent more than $1,563,000toward engineering and planning studiesto assist in determining the City’s futurewater needs and a plan to meet thoseneeds. 11. Aurora Raw Water SystemModel: During this diligence period, Au-rora spent more than $602,000 on con-sultant fees to develop a computer modelof Aurora’s raw water system. B. Arkan-s a s R i v e r B a s i n : 1 . C a s e N o .2006CW101: During this diligence period,Aurora obtained a decree in Case No.2006CW101, Water Division 2, therebymaking absolute certain conditional ex-changes of water in the Arkansas RiverBasin upstream to the Otero Pipeline forconveyance to Aurora’s storages and di-version facilities within the South PlatteRiver Basin. Once in the South PlatteRiver Basin, these Arkansas River waterrights are reusable sources for the sub-ject exchange. The decree in this casewas granted on June 8, 2009. 2. CaseNo. 2001CW145: Aurora completed nego-tiations with opposers and adjudication ofseveral appropriative rights of exchange inthe Arkansas River Basin, which will in-crease Aurora’s ability to exchange waterfrom the Arkansas River Basin upstreamto the Otero Pipeline for conveyance toAurora’s storages and diversion facilitieswithin the South Platte River Basin. Oncein the South Platte River Basin, theseArkansas River water rights are reusablesources for the exchange herein. The de-cree in this case was granted on October30, 2012. 3. Payment for purchase andlease of Rocky Ford Ditch shares: Duringthis diligence period, Aurora spent approx-imately $5,763,338 for repayment ofbonds, including principal and interest,that were issued or refunded for the pur-chase of original Rocky Ford Ditch shareschanged in Case No. 83CW18, that are areusable source for the subject exchange.4. Payments to Rocky Ford School Dis-trict R-2: Aurora and the Rocky FordSchool District R-2 entered into an Inter-governmental Agreement on February 7,2005 under which Aurora agreed to makeannual payments to the School Districtconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made a total of $900,000 in annu-al payments. 5. Revegetation: During thisdiligence period, 100% completion of therevegetation of formerly irrigated lands re-quired under the decree in Case No.83CW18 and subsequent orders wasachieved. This allows for the transfer andeventual use by Aurora of Rocky FordDitch water that is a reusable source forthe subject exchange. Weed control ofthe revegetated lands is continuing. Dur-ing this diligence period, Aurora has madeexpenditures for expert revegetation clas-sifications and reports, actual revegeta-tion and weed control costs, as well asfarm equipment purchases, office over-head and personnel costs. 6. Payments toOtero County: Aurora and Otero Countyentered into an Intergovernmental Agree-ment on February 22, 1994, and amendedthat Agreement on October 29, 2001 un-der which Amendment Aurora agreed tomake annual payments to Otero Countyconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made payments of approximately$184,867. 7. Pueblo Reservoir Storage:During this diligence period, Aurora paidthe Bureau of Reclamation more than$3,072,630 for use of Pueblo Reservoir inthe storage and exchange of ArkansasRiver Basin water upstream for transportand use by Aurora in the South PlatteBasin. 8. Intergovernmental Agreementwith SECWCD: On October 3, 2003, Au-rora entered into an IntergovernmentalAgreement with the Southeastern Color-ado Water Conservancy District (“SECW-CD”), replacing an agreement betweenthe parties dated December 7, 2001. Au-rora’s use of Fryingpan-Arkansas facilitiesfor certain water rights is discussed underthis IGA. During this diligence period, Au-rora made payments of approximately$2,240,394 to SECWCD under this IGA.9. Agreements for Use of the HolbrookSystem Facilities: On March 1, 2005, Au-rora entered into two agreements pertain-ing to the use of the diversion, convey-ance and storage facilities of the Hol-brook Mutual Irrigating Company (“Hol-brook”). These agreements implement aprogram to recapture and store yield fromforegone diversions of senior water rights.Aurora completed structural modificationsto the Holbrook system facilities and hasfiled a Substitute Water Supply Plan ne-cessary to implement the program. Fur-ther, Aurora initiated a study to examineenlargement of the Holbrook Reservoir tofurther facilitate operations. During this di-ligence period, Aurora made payments ofapproximately $166,815 to Holbrook un-der this agreement. 10. Gravel Pit Stor-age: Aurora is pursuing gravel pit storageoptions on the Arkansas River down-stream from Pueblo Reservoir to allowstorage of its water rights for eventual ex-change to Pueblo Reservoir. These storedrights will facilitate Aurora’s ArkansasRiver Basin operation, including deliveryof the reusable water for the subject ex-change. During this diligence period, Au-rora spent approximately $67,000 towardthis effort. 11. Homestake Diversion Chan-nel: Work was done on the Homestake Di-version Channel to reduce erosion, includ-ing riprap and installation of a new road-way culvert. Once water is transportedover the continental divide through theOtero Pump Station and HomestakePipeline, it is then transported by theHomestake Diversion Channel to SpinneyMountain Reservoir in the South PlatteBasin. During this diligence period, Au-rora spent approximately $132,769 to-ward this effort. C. Colorado River Basin:1. During this diligence period, Aurora andthe City of Colorado Springs negotiatedwith Objectors in Case No. 95CW272(A),District Court, Water Division 5, andentered into Stipulations with many of theObjectors in that case, which adjudicatedchanges of water rights and augmenta-tion plans and exchanges involving theHomestake water rights. A decree wasgranted in this matter on March 16, 2011.2. During this diligence period, Aurora pro-secuted Case No. 2009CW17, Water Divi-sion 5. On October 10, 2010, the Division5 Water Court entered a decree confirm-ing diligence and continuing in effect theconditional water rights originally decreedin Case No. 98CW270, which comprisepart of the Homestake Project. 3. On June21, 2004, the City of Aurora entered intoan additional Water Exchange Agreementwith the Eagle Park Reservoir Company,the Colorado River Water ConservationDistrict, the Eagle River Water and Sanita-tion District, the Upper Eagle RegionalWater Authority, and Vail Associates, Inc.to supplement a 1998 Water ExchangeAgreement. This agreement affects oper-ations of the Homestake water rights anddeliveries of reusable water to Aurora foruse in the subject exchange. On January5, 2010, the City of Aurora entered into aConsolidated Water Exchange Agree-ment to supplement and merge and con-solidate the 1998 and 2004 Agreements.4. During this diligence period, Aurora hasnegotiated and recently executed a Re-covery Action Plan Participation Agree-ment with the Northern Colorado WaterConservancy District, and a Ruedi Insur-ance Water Cost Participation Agreementwith the City and County of Denver. Thepurpose of these agreements is to mitig-ate the impacts of transmountain diver-sions to Colorado’s front range in order tosupport the Recovery Implementation Pro-gram for Endangered Fish Species in theUpper Colorado River Basin. D. Protec-tion Efforts: During this diligence period,Aurora made expenditures for legal ser-vices for participation in Water Divisions 1,2 and 5 cases to protect the rights and in-terests of Aurora with regard to its watersupply system, including the subject ex-change. 4.3 CPW: A. Member CPW,through the Office of the Colorado Attor-ney General, continues to prosecute CaseNo. 98CW462, Water Division 1, in whichit is requesting a change of the GardenerDitch water right that will allow the waterright to be used as a source of substitutesupply for the subject exchange. CPWhas paid an expert consultant approxim-ately $29,000 for work on 98CW462, in-cluding site visits, meetings with variousopposers and administration officials, andconsultation with CPW. 4.4 ACWWA andCWSD: A. Joint Water Purification Plant:During this diligence period, CWSD andACWWA participated in the design, con-struction and opening of the Joint WaterPurification Plant (the “JWPP”), a watertreatment facility which is co-owned byACWWA, CWSD, and the ArapahoeCounty Water and Wastewater Public Im-provement District and is operated byACWWA. The JWPP was constructedspecifically to fully use and reuse the allu-vial water rights of ACWWA and CWSD.Nine of CWSD’s alluvial wells and severalof ACWWA’s alluvial wells are specificallylisted as exchange to points under the de-cree in 01CW284. Water which is ex-changed up to the alluvial wells ofACWWA and CWSD will typically betreated at the JWPP before delivery tocustomers. Therefore, building the JWPPincreases and supports the ability ofACWWA and CWSD to use the subjectexchange. CWSD expended approxim-ately $9,889,000 on the design and con-struction of the JWPP and relatedpipelines and facilities, within this dili-gence period. ACWWA expended a totalof $19,560,849 for the design and con-struction of the JWPP. B. Well Drilling: InMarch 2009, CWSD re-drilled DiamondOver D Well No. 1, which is decreed asone of the upper points of diversion underthe subject exchange herein. C. Integ-rated Water and WW System: CWSD op-erates an integrated municipal water sup-ply and wastewater system within themeaning of C.R.S. § 37-92-301(4)(b),such that work on any feature of CWSD’sintegrated system shall be considered infinding that reasonable diligence has beenshown in the development of any and allwater rights for that entire system. SinceMay 2006, CWSD has made the followingexpenditures on its integrated water sys-tem. Approximately $795,000 for construc-tion of and improvement to alluvial wells.An average of $15,000/year for participa-tion in the Upper Cherry Creek Water Au-thority. $97,783 for contributions towardjoint modeling of the Cherry Creek Basin(a total of $116,828 has been authorizedby the CWSD Board, including the new C-CAMP 2.0 contract). D. King’s PointeSouth: CWSD is negotiating an agree-ment with Aurora, pursuant to whichCWSD would provide temporary (up to 10years or more) water service to serve adevelopment within Aurora known asKing’s Pointe South. The proposal undernegotiation is for Aurora to provide rawwater supplies to CWSD under the UC-CWA regional augmentation plan, to bewithdrawn through CWSD’s Cherry Creekalluvial wells. Then, CWSD will treat thewater supplies at the JWPP and delivertreated water to Aurora to serve King’sPointe South. The subject exchange maybe used as part of this agreement. E. Con-tract for Water Deliveries: CWSD is nego-tiating a second agreement with Aurora,pursuant to which CWSD may purchaseup to 140 acre-feet per year of reusablereturn flows owned by Aurora, which aredischarged to the South Platte River fromthe Metro Plant. Then, CWSD would ex-change the return flows under the subjectexchange for withdrawal from CWSD’sCherry Creek alluvial wells. F. On March10, 2010, Members CWSD and ACWWAfiled in Case No. 01CW284, Water Divi-sion 1 a notice of acquisition of additionalwater sources to be used in UCCWA’splan for augmentation and appropriativerights of exchange. G. ACWWA filedstatements of opposition and litigatedCase Nos. 01CW285, 01CW286 and01CW287 in Water Division 1. In this litig-ation, ACWWA was successful in arguingthat the priorities of the claimed waterrights were junior to UCCWA’s storageand exchange priorit ies decreed in01CW284, thereby protecting UCCWA’sability to store and exchange the subjectconditional water rights. H. ChambersReservoir: During the subject diligenceperiod, ACWWA completed ChambersReservoir, which has a capacity of approx-imately 1,400 acre-feet. ACWWA ob-tained the State Engineer’s approval to fillthe Chambers Reservoir by pumpingsome of its alluvial wells that are includedin the 01CW284 augmentation plan. The01CW284 augmentation plan will providereplacement water for the well depletions,including operation of the subject ex-change. This reservoir operation will in-crease the demand for ACWWA to oper-ate the subject exchange. Additionally, re-leases from Chambers Reservoir are asource of augmentation water and may beexchanged to the upstream point ofACWWA’s depletions pursuant to the sub-ject exchange. The Chambers Reservoirclaim was added to ACWWA’s Case No.96CW1144 pursuant to the First AmendedApplication filed in December of 2010. I.ACWWA Flow Project: In 2009 ACWWAcontracted with United Water and Sanita-tion District and ECCV to develop theACWWA Flow Project. This project whenfully developed will acquire, treat and de-liver 4,400 acre feet of annual averageyield water rights from ditch systems in theSouth Platte Basin to ECCV Water Treat-ment Plant for treatment, then to ACWWAfor use. This water will be used forACWWA’s customers and its return flowswill be used in ACWWA’s augmentationplan which will use ACWWA’s alluvialwells to supply ACWWA additional pot-able and non-potable water supplies.ACWWA has numerous wells that are lis-ted as exchange points in 01CW284. Wa-ter which is exchanged up to ACWWA’salluvial wells can be stored in ChambersReservoir for use. Therefore, the develop-ment of the ACWWA Flow Project in-creases and supports ACWWA’s ability touse the subject exchange. Costs for theACWWA Flow Project are approximately$132,000,000 for the following: Acquisi-tion of Water Rights and System, Pipelineand Well Field Easements, Capacity in theECCV Northern Line, Capacity in the EC-CV Deep Injection Well, Capacity in theECCV Water Treatment Plant, Capacity inthe ECCV Pumpstation, Interconnect linebe tween ECCV and ACWWA. J .ACWWA’s 2010 Draft Integrated MasterPlan: During this di l igence period,ACWWA expended approx imate ly$349,000 for the initial development of itsMaster Plan. Starting in 2010, ACWWAdeveloped a p lan that in tegratedACWWA’s potable, non-potable andwastewater systems. This plan fully relieson ACWWA’s alluvial water rights (includ-ing numerous wells that are listed as ex-change points in 01CW284) and the aug-mentation of the use of those wells whennot in priority to ensure ACWWA has anefficient system. Therefore; the develop-ment of this planning document increasesand supports ACWWA’s ability to use thesubject exchange. The total cost for theinitial development of the Master Plan is$349,000. 4.5. ECCV: A. Case No.00CW217: The decrees entered in CaseNos. 88CW054(A) and 88CW054(B),which adjudicated lawn irrigation returnflows to be used as augmentation and ex-changes sources, were combined into oneunified decree and were superseded bythe decree entered in Case No. 00CW217on March 23, 2009. B. ECCV’s NorthernWater Supply Project: The Water SupplyProject is designed to provide ECCV witha long-term, sustainable municipal watersupply for its service area located in Ar-apahoe County, Colorado. In order to im-plement the ECCV Water Supply Project,ECCV, United Water and Sanitation Dis-trict, and the Farmers Reservoir & Irriga-tion Company entered into a Water Sup-ply Agreement on December 18, 2003,that was amended in May 2007. The Wa-ter Supply Project is a multi-phase renew-able water supply project. Phase one se-cured approximately 6,000 acre-feet ofwater rights from the South Platte Riverand the construction of a 31-mile pipeline,storage tanks and two pump stations. Thisphase of the Project now delivers renew-able water from the Beebe Draw, wherewater is stored from the South PlatteRiver, and then is sent down through thepipeline to ECCV’s service area. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-menta l Agreement to prov ide forACWWA’s participation with ECCV andUnited in the Water Supply Project. Thereturn flows from the water delivered willbe used in ECCV’s augmentation plan,Case No. 00CW217, which will useECCV’s alluvial wells to supply ECCV withadditional potable and non-potable watersupplies. 4.6. Other: UCCWA and itsMembers reserve the right to identify addi-tional relevant efforts that may be laterdiscovered or to make upward adjust-ments to amounts expended on certainprojects. UCCWA and its Members haveextensive water rights portfolios, extens-ive and complex water supply, collection,treatment and reuse systems, and an ex-tensive number of agreements, contracts,leases, etc. related to such facilities andthe use, reuse and storage of their waterrights. The management, protection, andoperation of the water rights and the facil-ities system involve numerous public de-partments and staff members throughoutthe state. UCCWA and its Members madediligent efforts with regard to this applica-tion to determine and quantify all effortsmade by UCCWA and its Members to-ward completion of the appropriations andapplication of the water rights decreed inCase No. 01CW284 to beneficial use.However, it is reasonably possible that rel-evant efforts or expenditures may havebeen overlooked or need further upwardadjustment. 5. Claim to make absolute:5.1. Name of Water Right: Cherry CreekReservoir Augmentation Pool, as de-scribed in paragraph 2.1 above. A. Date ofapplication to beneficial use: September12 and 13, 2013. B. Amount: 2,560 acre-feet. C. Type of use: Recreation, piscatori-al and wildlife, augmentation (includingaugmentation of evaporation from CherryCreek Reservoir), and exchange. D. Evid-ence that diversion was made in priority:On September 12 and 13, 2013, MemberCPW stored 2,560 acre-feet pursuant tothe Cherry Creek Reservoir Augmenta-tion Pool Water Right described in para-graph 2.1 above. The accounting forCherry Creek Reservoir during this timedemonstrates that this amount of waterwas diverted into storage in priority. Thecapture and storage of this water in-prior-ity storage provides a basis to make thiswater right absolute for all decreed typesof use. C.R.S. § 37-92-301(4)(e). 6. Nameand address of owner or reputed ownersof the land upon which any new diversionor storage structure, or modification to anyexisting diversion or storage structure is orwill be constructed or upon which water isor will be stored, including any modifica-tion to the existing storage pool: None.WHEREFORE, the Applicants respect-fully request that this Court enter a de-cree: (1) finding that the Applicants haveexercised reasonable diligence in the de-velopment of the above-referenced condi-tional water rights; (2) confirming that theabove-described conditional water rightsare part of an integrated water system andthat due diligence as to any one compon-ent constitutes due diligence on all partsof such system; (3) awarding the above-described absolute water right for theCherry Creek Reservoir AugmentationPool storage right described above; (4)continuing the remaining conditional wa-ter rights in full force as decreed, and forsuch other and further relief as this Courtdeems just and proper. (22 pages; includ-ing Appendix 1 – UCCWA Member Wellsand UCCWA Location Map)
Misc. Private Legals
13CW3184 Upper Cherry Creek WaterAssociation, Consisting of ArapahoeCounty Water and Wastewater Author-ity; City of Aurora, Colorado, acting byand through its Utility Enterprise; Stateof Colorado, Department of Natural Re-sources, Division of Parks ND Wildlifeand Parks and Wildlife Commission;Cottonwood Water and Sanitation District;and East Cherry Creek Valley Water andSanitation District, in the South PlatteRiver and Its Tributaries Including CherryCreek, in Adams, Arapahoe, Denver,Douglas and Jefferson Counties, c/o Attor-neys John M. Dingess, Esq., and Peter C.Johnson, Esq., Duncan, Ostrander & Din-gess, P.C., 3600 S. Yosemite Street, Suite500, Denver, Colorado 80237-1829, 303-779-0200. APPLICATION TO MAKECONDITIONAL WATER RIGHT ABSO-LUTE, FOR A FINDING OF REASON-ABLE DILIGENCE AND TO CONTINUECONDITIONAL WATER RIGHTS INA D A M S , A R A P A H O E , D E N V E R ,D O U G L A S A N D J E F F E R S O NCOUNTIES. Applicants Upper CherryCreek Water Association and its memberentities, by and through the undersignedcounsel, hereby submit the following ap-plication to make a portion of their condi-tional water rights absolute, for finding ofreasonable diligence and to continue theirconditional water rights. 1. Name, ad-dress and telephone number of Applicant:The Upper Cherry Creek Water Associ-ation consists of the following Members:1.1. Arapahoe County Water andWastewater Authority (“ACWWA”), 13031East Caley Avenue, Englewood, Color-ado 80111, Telephone: 303.790.4830;1.2. City of Aurora, Colorado, a municipalcorporation of the Counties of Adams, Ar-apahoe and Douglas, acting by andthrough its Utility Enterprise (“Aurora”),15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012, Tele-phone: 303.739.7030; 1.3. Colorado Divi-sion of Parks and Wildlife (“CPW”), 6060Broadway, Denver, CO 80216, Tele-phone: 303.291.7261; 1.4. CottonwoodWater and Sanitation District (“CWSD”), 2Inverness Drive East, Englewood, Color-ado 80112, Telephone: 303.792.9509,1.5. East Cherry Creek Valley Water andSanitation District (“ECCV”), 6201 SouthGun Club Road, Aurora, Colorado 80015,Telephone: 303.693.3800, 1.6. UpperCherry Creek Water Association (“UC-CWA”): For the purposes of this case,ACWWA, Aurora, CPW, CWSD, and EC-CV are acting together as Members of theUpper Cherry Creek Water Associationestablished by the Establishing Contractdated December 17, 2001. ACWWA, Au-rora, CPW, CWSD, and ECCV are collect-ively referred to as “UCCWA” or “Applic-ant” and individually referred to as “Mem-bers.” 2. Description of conditional waterrights: The water rights which are thesubject of this application involve one con-ditional water storage right and one condi-tional appropriative right of exchange withseveral exchange-to and exchange-frompoints. 2.1 Description of Conditional Wa-ter Storage Right: A. Previous Decree:The original decree was entered in CaseNo. 01CW284, District Court, Water Divi-sion No. 1 on December 4, 2007 (the“01CW284 Decree”). B. Cherry CreekReservoir Augmentation Pool: In CaseNo. 01CW284, Member CPW was gran-ted a conditional water storage right with-in the existing storage capacity of CherryCreek Reservoir. CPW was also grantedthe right to fully consume water stored un-der this right. The details of this right areas follows: 1. Location: This right will bestored within the existing storage capacityof Cherry Creek Reservoir, which is an on-channel reservoir located in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, and 24, T5S,R67W, 6th P.M.; Sections 31 and 32, T4S,R66W, 6th P.M.; and Sections 7, 18 and19, T5S, R66W, 6th P.M., all in ArapahoeCounty, Colorado. The initial point of sur-vey of the high water line of the reservoiris located at a point whence the Southw-est Corner of Section 34, T4S, R67W, 6thP.M. bears North 54°54’ West a distanceof 5,856.8 feet. The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.2. Source of Water: Surface water inCherry Creek, tributary to the South PlatteRiver. 3. Date of Appropriation: July 27,2001. 4. Amount of Appropriation: 12,805acre-feet, Conditional, with the right to filland refill this right successively as manytimes as the management purposes of the01CW284 Decree allow. 5. Uses: Recre-ation, piscatorial and wildlife, augmenta-tion (including augmentation of evapora-tion from Cherry Creek Reservoir), andexchange. 2.2 Description of ConditionalAppropriative Right of Exchange: A. Previ-ous Decree: The 01CW284 Decree, asdescribed in paragraph 2.1(A) above. B.Points of diversion or “exchange-to”points: 1. ACWWA surface diversionstructures: a) Cottonwood Diversion Struc-ture No. 1: (1) Location: In the SE1/4 ofthe NE1/4 of Section 23, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 50 feet from the EastSection line and 1,450 feet from the NorthSection line of said Section 23. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. b) Lone Tree Surface Di-version: (1) Location: In the SW1/4 of theNE1/4 of Section 24, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 2,250 feet from theEast Section line and 2,200 feet from theNorth Section line of said Section 24. (2)Original Decree: Case No. 90CW201 for2.67 cfs, conditional, with an appropri-ation date of April 23, 1990. c) WindmillDiversion Structure No. 1: (1) Location: Inthe SW1/4 of the SW1/4 of Section 30,T5S, R66W, 6th P.M., Arapahoe County,Colorado, at a point approximately 1,300feet from the East Section line and 100feet from the South Section line of saidSection 30. (2) Original Decree: Case No.90CW201 for 2.67 cfs, conditional, with anappropriation date of April 23, 1990. d)Windmill Diversion Structure No. 2: (1)Location: In the SE1/4 of the NW1/4 ofSection 30, T5S, R66W, 6th P.M., Ar-apahoe County, Colorado, at a point ap-proximately 1,850 feet from the East Sec-tion line and 2,100 feet from the NorthSection line of said Section 30. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. 2. Cherry Creek Reser-voir, more fully described in Paragraph2.1(B) above. 3. In addition to the specificupstream points of diversion (or “ex-change-to” points) described above, ex-changes may be made directly to Mem-bers' wells (listed in Appendix 1 attachedto the Application) that are located within100 feet of the stream or to the point onCherry Creek where pumping depletes thestream, but no further upstream than thelocation of the U.S. Geological Surveystream gage below the Town of Parker,Colorado, which is located on CherryCreek in the SE1/4 of the NW1/4 of theNE1/4 of Section 21, T6S, R66W, 6thP.M., Douglas County, Colorado, on theright bank 200 feet upstream from MainStreet, 1,100 feet downstream from themouth of Sulphur Gulch, and 0.8 milesWest of the Town of Parker, Colorado.The approximate latitude of this point is39°31’09” North and the approximate lon-gitude is 104°46’45” West. C. Points ofsubstitute supply, or “exchange-from”points: 1. Confluence of Sand Creek andthe South Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, of the6th P.M., Adams County, Colorado. 2.Confluence of Cherry Creek and theSouth Platte River: This point is located onthe South Platte River in the NE1/4 of theNW1/4 of Section 33, T3S, R68W, 6thP.M, Denver County, Colorado. 3. TheOutfall of the Metro Wastewater Reclama-tion District: The outfall is located on theSouth Platte River in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, 6th P.M.,Adams County, Colorado. 4. GardenerDitch Headgate on the South Platte River:The decreed location is a point on theWest bank of the South Platte River ap-proximately 2° South, 15’ West, 2,167 feetfrom the corner of Sections 1, 2, 11 and12 of T3S, R68W, 6th P.M., AdamsCounty, Colorado. The point of diversionhas been relocated approximately onehalf mile further upstream on the SouthPlatte River. 5. Cherry Creek ReservoirOutlet Works: The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.D. Sources of substitute supply: WaterDeliverable to the Confluence of SandCreek and the South Platte River and theoutfall of the Metro Wastewater Reclama-tion District Treatment Plant: a) Water de-liverable to the Aurora Sand CreekWastewater Treatment Plant Outfall andwater deliverable to the Metro Wastewa-ter Reclamation District Outfall from re-usable sources owned by Aurora includ-ing trans-basin and fully consumptive usewaters, a portion of which is reusable non-tributary groundwater derived from ECCVsources, as more specifically described inthe 01CW284 Decree. b) Future Replace-ment Sources: Upon approval of the Divi-sion Engineer for Water Division 1, othertransbasin sources, fully consumable in-basin water rights that are available formunicipal use, and decreed nontributarysources that Aurora adjudicates, buys,leases or otherwise acquires in the future.c) Contract Eff luent or Rec laimedWastewater: Contract effluent or re-claimed wastewater in excess of Aurora’sexisting lease commitments for fully con-sumptive use water deliverable to theMetro Wastewater Reclamation Districtoutfall available to Aurora pursuant to itssewage transmission agreement with EC-CV dated May 15, 1976. d) AdditionalContract Effluent or Reclaimed Wastewa-ter: Additional contract effluent or re-claimed wastewater not subordinate toAurora’s use thereof for exchange and/oraugmentation purposes as provided inCase Nos. 86CW340, 89CW214 and89CW215, and 99CW158, and not subor-dinate to Aurora’s lease commitments forfully consumptive use water deliverable tothe outfall of the Metro Wastewater Re-clamation District and/or Sand CreekWastewater Treatment Plant existing onthe date of entry of this Decree. 2. Waterthat will be delivered to the confluence ofCherry Creek and the South Platte River.a) Member CPW’s Deer Creek Rights, asdecreed in Case No. Case No. 1678, Dis-tr ict Court, Park County, and sub-sequen t l y changed i n Case No .84CW566, Water Division 1, as more fullydescribed in paragraph 28.2 of the01CW284 Decree. b) Aurora’s reusablewater stored in Strontia Springs Reservoir.3. Water that will be delivered to theGardener Ditch headgate: CPW’s Garden-er Ditch Rights, as decreed in Case No.37275, District Court, City and County ofDenver, for which a change is pending inCase No. 98CW462, Water Division 1,and which is more fully described in para-graph 28.3 of the 01CW284 Decree. 4.Water that will be released from theCherry Creek Reservoir AugmentationPool: as more fully described in Para-graph 2.1(B) above and in the 01CW284Decree. E. Exchange Appropriation In-formation: 1. Date of Appropriation: June25, 1996. 2. Amount: 70.3 cfs, condition-al; 29.7 cfs, absolute. a) Note: In the01CW284 Decree, UCCWA was awardedan absolute water right in the amount of29.7 cfs for the above-described ex-change. This application for a finding ofreasonable diligence applies only to the70.3 cfs amount of this exchange whichremains conditional. 3. Decreed Uses: Allbeneficial uses presently decreed orclaimed for the structures described in Ap-pendix 1 attached hereto, inclusive, andthe conditional storage water right for theCherry Creek Reservoir AugmentationPool granted to CPW in the 01CW284 De-cree, including aesthetic, augmentation,commercial, domestic, fire protection, fishand wildlife propagation, industrial, irriga-tion, municipal, recreational, and storage.3. Integrated Water Supply System: Theconditionally decreed water rights de-scribed above each constitute a feature ofan integrated water system. “When aproject or integrated system is comprisedof several features, work on one feature ofthe project or system shall be consideredin finding that reasonable diligence hasbeen shown in the development of waterrights for all features of the entire projector system.” C.R.S. § 37-92-301(4)(b). 4.Detailed outline of what has been done to-ward completion or for completion of theappropriation and application of water to abeneficial use as conditionally decreed, in-cluding expenditures, during the previousdiligence period: During this diligence peri-od, Applicant and its members undertookthe following work in furtherance of theseconditional water rights, including the fol-lowing: 4.1. UCCWA: A. UCCWA has act-ively protected the subject conditional wa-ter rights from potential injury by perform-ing monthly reviews of the Water Division1 water court resume to determine wheth-er the filing of Statements of Oppositionwas necessary to protect its water rights inWater Division 1, including these condi-tional water rights. UCCWA has filedstatements of opposition in several casesto protect its water rights during this dili-gence period. Additionally, UCCWA’scounsel has continued to participate inpending legal actions to protect these con-ditional water rights during this diligenceperiod. During the subject diligence peri-od, UCCWA expended approximately$72,844 on legal expenses and $22,479on engineering expenses for the afore-mentioned protection of these conditionalwater rights. B. UCCWA has engaged insystem-wide diligence activities in order tomore efficiently manage its water re-sources, thus increasing the opportunity tostore additional amounts of water underthe subject conditional water storage rightand to exchange additional amounts ofwater under the subject conditional appro-priative right of exchange. This work in-cludes engineering analyses and legalconsultation regarding the operation ofUCCWA’s water resources. UCCWA hasalso performed periodic updates to the“Gain Equation” as required by the de-cree in Case No. 01CW284. During thisdiligence period, UCCWA has expendedapproximately $9,867 on legal expensesand $40,450 on engineering expenses forthese system-wide diligence activities. 4.2.Aurora: During this diligence period, Au-rora performed work on other parts of itsintegrated water supply system that iseither necessary for the successful opera-tion of the subject water rights or in fur-therance of those rights, including the fol-lowing: A. South Platte River Basin: 1.Prairie Waters Project: During this dili-gence period, Aurora has expended$545,852,000 on the construction of sev-eral elements of its Prairie Waters Project.This work will make additional Aurora wa-ter available at the outfall of the MetroWastewater Treatment Plant. 2. Construc-tion of Northern Treatment Plant: Aurorais a member of the Metro Wastewater Re-clamation District (“Metro”). Metro is cur-rently constructing its Northern TreatmentPlant, which is projected to be operationalby 2016. Once this treatment plant is op-erational, entities that previously treatedtheir wastewater at the Robert W. HiteTreatment Facility will treat some of theireffluent at the new Northern TreatmentPlant, thus freeing up capacity in theRobert W. Hite Treatment Facility for addi-tional amounts of effluent, which may beexchanged upstream to the exchange-topoints described herein. 3. Sand CreekWater Reuse Plant: Aurora operates this5-million-gallon per day facility to providetreated water for irrigation throughout theCity. During this diligence period, Auroraexpended approximately $3,023,000 onimprovements and expansion of this facil-ity. This work is necessary for reuse with-in the South Platte River Basin of the wa-ter that is the subject of the exchangeherein. 4. Reuse of Lawn Irrigation ReturnFlows: During this diligence period, Au-rora prosecuted Case No. 02CW341, Wa-ter Division 1, under which return flowsfrom lawn irrigation use of the water fromthe subject exchange are quantified to fa-cilitate future reuse of this water. A de-cree was entered in this case in Decem-ber of 2008. Aurora also performed stud-ies of LIRFs throughout Aurora that in-cluded various analyses conducted to de-termine the amount, timing, and locationof LIRFs within several drainage basinswithin Aurora’s service area, includingSand Creek. 5. Reuse Water SystemMaster Plan: In December 2008, Auroracompleted its Reuse Water System Mas-ter Plan. The goal of this study was to ex-plore options for optimization of Aurora’sreuse water system, and to develop a cap-ital improvement program outlining expan-sion of the reuse water system in severalphases. This reusable water includes sev-eral sources of substitute supply for thesubject exchange. 6. South Platte Ex-change: On September 22, 2013, Auroraobtained a decree in Case No. 08CW253,Water Division 1, granting a finding ofreasonable diligence and making abso-lute portions of conditional exchangerights. These water rights allow Aurora toexchange its reusable water from the con-fluence of Tarryall Creek and the SouthPlatte River to Spinney Mountain Reser-voir, where it can be released as a sourceof substitute supply for the subject ex-change. 7. Griswold Water TreatmentPlant Renovations: This facility treats aportion of the raw water before it is de-livered to Aurora’s customers. Approxim-ately $1,255,000 was spent by Aurora dur-ing this diligence period for improvementsto this facility. 8. Wemlinger Water Treat-ment Plant Expansion: During this dili-gence period, Aurora spent approximately$1,768,000 on expansion of the Wem-linger Water Treatment Plant. This facilitytreats a portion of the raw water that is areplacement source herein before it is de-livered to Aurora’s customers. 9. Auto-mated Meter Reading System: Auroraspent approximately $4,377,000 duringthis diligence period for conversion of itsmanual utility reading system to a fullyautomated system. 10. Study of Aurora’sWater Needs: During this diligence peri-od, Aurora spent more than $1,563,000toward engineering and planning studiesto assist in determining the City’s futurewater needs and a plan to meet thoseneeds. 11. Aurora Raw Water SystemModel: During this diligence period, Au-rora spent more than $602,000 on con-sultant fees to develop a computer modelof Aurora’s raw water system. B. Arkan-s a s R i v e r B a s i n : 1 . C a s e N o .2006CW101: During this diligence period,Aurora obtained a decree in Case No.2006CW101, Water Division 2, therebymaking absolute certain conditional ex-changes of water in the Arkansas RiverBasin upstream to the Otero Pipeline forconveyance to Aurora’s storages and di-version facilities within the South PlatteRiver Basin. Once in the South PlatteRiver Basin, these Arkansas River waterrights are reusable sources for the sub-ject exchange. The decree in this casewas granted on June 8, 2009. 2. CaseNo. 2001CW145: Aurora completed nego-tiations with opposers and adjudication ofseveral appropriative rights of exchange inthe Arkansas River Basin, which will in-crease Aurora’s ability to exchange waterfrom the Arkansas River Basin upstreamto the Otero Pipeline for conveyance toAurora’s storages and diversion facilitieswithin the South Platte River Basin. Oncein the South Platte River Basin, theseArkansas River water rights are reusablesources for the exchange herein. The de-cree in this case was granted on October30, 2012. 3. Payment for purchase andlease of Rocky Ford Ditch shares: Duringthis diligence period, Aurora spent approx-imately $5,763,338 for repayment ofbonds, including principal and interest,that were issued or refunded for the pur-chase of original Rocky Ford Ditch shareschanged in Case No. 83CW18, that are areusable source for the subject exchange.4. Payments to Rocky Ford School Dis-trict R-2: Aurora and the Rocky FordSchool District R-2 entered into an Inter-governmental Agreement on February 7,2005 under which Aurora agreed to makeannual payments to the School Districtconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made a total of $900,000 in annu-al payments. 5. Revegetation: During thisdiligence period, 100% completion of therevegetation of formerly irrigated lands re-quired under the decree in Case No.83CW18 and subsequent orders wasachieved. This allows for the transfer andeventual use by Aurora of Rocky FordDitch water that is a reusable source forthe subject exchange. Weed control ofthe revegetated lands is continuing. Dur-ing this diligence period, Aurora has madeexpenditures for expert revegetation clas-sifications and reports, actual revegeta-tion and weed control costs, as well asfarm equipment purchases, office over-head and personnel costs. 6. Payments toOtero County: Aurora and Otero Countyentered into an Intergovernmental Agree-ment on February 22, 1994, and amendedthat Agreement on October 29, 2001 un-der which Amendment Aurora agreed tomake annual payments to Otero Countyconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made payments of approximately$184,867. 7. Pueblo Reservoir Storage:During this diligence period, Aurora paidthe Bureau of Reclamation more than$3,072,630 for use of Pueblo Reservoir inthe storage and exchange of ArkansasRiver Basin water upstream for transportand use by Aurora in the South PlatteBasin. 8. Intergovernmental Agreementwith SECWCD: On October 3, 2003, Au-rora entered into an IntergovernmentalAgreement with the Southeastern Color-ado Water Conservancy District (“SECW-CD”), replacing an agreement betweenthe parties dated December 7, 2001. Au-rora’s use of Fryingpan-Arkansas facilitiesfor certain water rights is discussed underthis IGA. During this diligence period, Au-rora made payments of approximately$2,240,394 to SECWCD under this IGA.9. Agreements for Use of the HolbrookSystem Facilities: On March 1, 2005, Au-rora entered into two agreements pertain-ing to the use of the diversion, convey-ance and storage facilities of the Hol-brook Mutual Irrigating Company (“Hol-brook”). These agreements implement aprogram to recapture and store yield fromforegone diversions of senior water rights.Aurora completed structural modificationsto the Holbrook system facilities and hasfiled a Substitute Water Supply Plan ne-cessary to implement the program. Fur-ther, Aurora initiated a study to examineenlargement of the Holbrook Reservoir tofurther facilitate operations. During this di-ligence period, Aurora made payments ofapproximately $166,815 to Holbrook un-der this agreement. 10. Gravel Pit Stor-age: Aurora is pursuing gravel pit storageoptions on the Arkansas River down-stream from Pueblo Reservoir to allowstorage of its water rights for eventual ex-change to Pueblo Reservoir. These storedrights will facilitate Aurora’s ArkansasRiver Basin operation, including deliveryof the reusable water for the subject ex-change. During this diligence period, Au-rora spent approximately $67,000 towardthis effort. 11. Homestake Diversion Chan-nel: Work was done on the Homestake Di-version Channel to reduce erosion, includ-ing riprap and installation of a new road-way culvert. Once water is transportedover the continental divide through theOtero Pump Station and HomestakePipeline, it is then transported by theHomestake Diversion Channel to SpinneyMountain Reservoir in the South PlatteBasin. During this diligence period, Au-rora spent approximately $132,769 to-ward this effort. C. Colorado River Basin:1. During this diligence period, Aurora andthe City of Colorado Springs negotiatedwith Objectors in Case No. 95CW272(A),District Court, Water Division 5, andentered into Stipulations with many of theObjectors in that case, which adjudicatedchanges of water rights and augmenta-tion plans and exchanges involving theHomestake water rights. A decree wasgranted in this matter on March 16, 2011.2. During this diligence period, Aurora pro-secuted Case No. 2009CW17, Water Divi-sion 5. On October 10, 2010, the Division5 Water Court entered a decree confirm-ing diligence and continuing in effect theconditional water rights originally decreedin Case No. 98CW270, which comprisepart of the Homestake Project. 3. On June21, 2004, the City of Aurora entered intoan additional Water Exchange Agreementwith the Eagle Park Reservoir Company,the Colorado River Water ConservationDistrict, the Eagle River Water and Sanita-tion District, the Upper Eagle RegionalWater Authority, and Vail Associates, Inc.to supplement a 1998 Water ExchangeAgreement. This agreement affects oper-ations of the Homestake water rights anddeliveries of reusable water to Aurora foruse in the subject exchange. On January5, 2010, the City of Aurora entered into aConsolidated Water Exchange Agree-ment to supplement and merge and con-solidate the 1998 and 2004 Agreements.4. During this diligence period, Aurora hasnegotiated and recently executed a Re-covery Action Plan Participation Agree-ment with the Northern Colorado WaterConservancy District, and a Ruedi Insur-ance Water Cost Participation Agreementwith the City and County of Denver. Thepurpose of these agreements is to mitig-ate the impacts of transmountain diver-sions to Colorado’s front range in order tosupport the Recovery Implementation Pro-gram for Endangered Fish Species in theUpper Colorado River Basin. D. Protec-tion Efforts: During this diligence period,Aurora made expenditures for legal ser-vices for participation in Water Divisions 1,2 and 5 cases to protect the rights and in-terests of Aurora with regard to its watersupply system, including the subject ex-change. 4.3 CPW: A. Member CPW,through the Office of the Colorado Attor-ney General, continues to prosecute CaseNo. 98CW462, Water Division 1, in whichit is requesting a change of the GardenerDitch water right that will allow the waterright to be used as a source of substitutesupply for the subject exchange. CPWhas paid an expert consultant approxim-ately $29,000 for work on 98CW462, in-cluding site visits, meetings with variousopposers and administration officials, andconsultation with CPW. 4.4 ACWWA andCWSD: A. Joint Water Purification Plant:During this diligence period, CWSD andACWWA participated in the design, con-struction and opening of the Joint WaterPurification Plant (the “JWPP”), a watertreatment facility which is co-owned byACWWA, CWSD, and the ArapahoeCounty Water and Wastewater Public Im-provement District and is operated byACWWA. The JWPP was constructedspecifically to fully use and reuse the allu-vial water rights of ACWWA and CWSD.Nine of CWSD’s alluvial wells and severalof ACWWA’s alluvial wells are specificallylisted as exchange to points under the de-cree in 01CW284. Water which is ex-changed up to the alluvial wells ofACWWA and CWSD will typically betreated at the JWPP before delivery tocustomers. Therefore, building the JWPPincreases and supports the ability ofACWWA and CWSD to use the subjectexchange. CWSD expended approxim-ately $9,889,000 on the design and con-struction of the JWPP and relatedpipelines and facilities, within this dili-gence period. ACWWA expended a totalof $19,560,849 for the design and con-struction of the JWPP. B. Well Drilling: InMarch 2009, CWSD re-drilled DiamondOver D Well No. 1, which is decreed asone of the upper points of diversion underthe subject exchange herein. C. Integ-rated Water and WW System: CWSD op-erates an integrated municipal water sup-ply and wastewater system within themeaning of C.R.S. § 37-92-301(4)(b),such that work on any feature of CWSD’sintegrated system shall be considered infinding that reasonable diligence has beenshown in the development of any and allwater rights for that entire system. SinceMay 2006, CWSD has made the followingexpenditures on its integrated water sys-tem. Approximately $795,000 for construc-tion of and improvement to alluvial wells.An average of $15,000/year for participa-tion in the Upper Cherry Creek Water Au-thority. $97,783 for contributions towardjoint modeling of the Cherry Creek Basin(a total of $116,828 has been authorizedby the CWSD Board, including the new C-CAMP 2.0 contract). D. King’s PointeSouth: CWSD is negotiating an agree-ment with Aurora, pursuant to whichCWSD would provide temporary (up to 10years or more) water service to serve adevelopment within Aurora known asKing’s Pointe South. The proposal undernegotiation is for Aurora to provide rawwater supplies to CWSD under the UC-CWA regional augmentation plan, to bewithdrawn through CWSD’s Cherry Creekalluvial wells. Then, CWSD will treat thewater supplies at the JWPP and delivertreated water to Aurora to serve King’sPointe South. The subject exchange maybe used as part of this agreement. E. Con-tract for Water Deliveries: CWSD is nego-tiating a second agreement with Aurora,pursuant to which CWSD may purchaseup to 140 acre-feet per year of reusablereturn flows owned by Aurora, which aredischarged to the South Platte River fromthe Metro Plant. Then, CWSD would ex-change the return flows under the subjectexchange for withdrawal from CWSD’sCherry Creek alluvial wells. F. On March10, 2010, Members CWSD and ACWWAfiled in Case No. 01CW284, Water Divi-sion 1 a notice of acquisition of additionalwater sources to be used in UCCWA’splan for augmentation and appropriativerights of exchange. G. ACWWA filedstatements of opposition and litigatedCase Nos. 01CW285, 01CW286 and01CW287 in Water Division 1. In this litig-ation, ACWWA was successful in arguingthat the priorities of the claimed waterrights were junior to UCCWA’s storageand exchange priorit ies decreed in01CW284, thereby protecting UCCWA’sability to store and exchange the subjectconditional water rights. H. ChambersReservoir: During the subject diligenceperiod, ACWWA completed ChambersReservoir, which has a capacity of approx-imately 1,400 acre-feet. ACWWA ob-tained the State Engineer’s approval to fillthe Chambers Reservoir by pumpingsome of its alluvial wells that are includedin the 01CW284 augmentation plan. The01CW284 augmentation plan will providereplacement water for the well depletions,including operation of the subject ex-change. This reservoir operation will in-crease the demand for ACWWA to oper-ate the subject exchange. Additionally, re-leases from Chambers Reservoir are asource of augmentation water and may beexchanged to the upstream point ofACWWA’s depletions pursuant to the sub-ject exchange. The Chambers Reservoirclaim was added to ACWWA’s Case No.96CW1144 pursuant to the First AmendedApplication filed in December of 2010. I.ACWWA Flow Project: In 2009 ACWWAcontracted with United Water and Sanita-tion District and ECCV to develop theACWWA Flow Project. This project whenfully developed will acquire, treat and de-liver 4,400 acre feet of annual averageyield water rights from ditch systems in theSouth Platte Basin to ECCV Water Treat-ment Plant for treatment, then to ACWWAfor use. This water will be used forACWWA’s customers and its return flowswill be used in ACWWA’s augmentationplan which will use ACWWA’s alluvialwells to supply ACWWA additional pot-able and non-potable water supplies.ACWWA has numerous wells that are lis-ted as exchange points in 01CW284. Wa-ter which is exchanged up to ACWWA’salluvial wells can be stored in ChambersReservoir for use. Therefore, the develop-ment of the ACWWA Flow Project in-creases and supports ACWWA’s ability touse the subject exchange. Costs for theACWWA Flow Project are approximately$132,000,000 for the following: Acquisi-tion of Water Rights and System, Pipelineand Well Field Easements, Capacity in theECCV Northern Line, Capacity in the EC-CV Deep Injection Well, Capacity in theECCV Water Treatment Plant, Capacity inthe ECCV Pumpstation, Interconnect linebe tween ECCV and ACWWA. J .ACWWA’s 2010 Draft Integrated MasterPlan: During this di l igence period,ACWWA expended approx imate ly$349,000 for the initial development of itsMaster Plan. Starting in 2010, ACWWAdeveloped a p lan that in tegratedACWWA’s potable, non-potable andwastewater systems. This plan fully relieson ACWWA’s alluvial water rights (includ-ing numerous wells that are listed as ex-change points in 01CW284) and the aug-mentation of the use of those wells whennot in priority to ensure ACWWA has anefficient system. Therefore; the develop-ment of this planning document increasesand supports ACWWA’s ability to use thesubject exchange. The total cost for theinitial development of the Master Plan is$349,000. 4.5. ECCV: A. Case No.00CW217: The decrees entered in CaseNos. 88CW054(A) and 88CW054(B),which adjudicated lawn irrigation returnflows to be used as augmentation and ex-changes sources, were combined into oneunified decree and were superseded bythe decree entered in Case No. 00CW217on March 23, 2009. B. ECCV’s NorthernWater Supply Project: The Water SupplyProject is designed to provide ECCV witha long-term, sustainable municipal watersupply for its service area located in Ar-apahoe County, Colorado. In order to im-plement the ECCV Water Supply Project,ECCV, United Water and Sanitation Dis-trict, and the Farmers Reservoir & Irriga-tion Company entered into a Water Sup-ply Agreement on December 18, 2003,that was amended in May 2007. The Wa-ter Supply Project is a multi-phase renew-able water supply project. Phase one se-cured approximately 6,000 acre-feet ofwater rights from the South Platte Riverand the construction of a 31-mile pipeline,storage tanks and two pump stations. Thisphase of the Project now delivers renew-able water from the Beebe Draw, wherewater is stored from the South PlatteRiver, and then is sent down through thepipeline to ECCV’s service area. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-menta l Agreement to prov ide forACWWA’s participation with ECCV andUnited in the Water Supply Project. Thereturn flows from the water delivered willbe used in ECCV’s augmentation plan,Case No. 00CW217, which will useECCV’s alluvial wells to supply ECCV withadditional potable and non-potable watersupplies. 4.6. Other: UCCWA and itsMembers reserve the right to identify addi-tional relevant efforts that may be laterdiscovered or to make upward adjust-ments to amounts expended on certainprojects. UCCWA and its Members haveextensive water rights portfolios, extens-ive and complex water supply, collection,treatment and reuse systems, and an ex-tensive number of agreements, contracts,leases, etc. related to such facilities andthe use, reuse and storage of their waterrights. The management, protection, andoperation of the water rights and the facil-ities system involve numerous public de-partments and staff members throughoutthe state. UCCWA and its Members madediligent efforts with regard to this applica-tion to determine and quantify all effortsmade by UCCWA and its Members to-ward completion of the appropriations andapplication of the water rights decreed inCase No. 01CW284 to beneficial use.However, it is reasonably possible that rel-evant efforts or expenditures may havebeen overlooked or need further upwardadjustment. 5. Claim to make absolute:5.1. Name of Water Right: Cherry CreekReservoir Augmentation Pool, as de-scribed in paragraph 2.1 above. A. Date ofapplication to beneficial use: September12 and 13, 2013. B. Amount: 2,560 acre-feet. C. Type of use: Recreation, piscatori-al and wildlife, augmentation (includingaugmentation of evaporation from CherryCreek Reservoir), and exchange. D. Evid-ence that diversion was made in priority:On September 12 and 13, 2013, MemberCPW stored 2,560 acre-feet pursuant tothe Cherry Creek Reservoir Augmenta-tion Pool Water Right described in para-graph 2.1 above. The accounting forCherry Creek Reservoir during this timedemonstrates that this amount of waterwas diverted into storage in priority. Thecapture and storage of this water in-prior-ity storage provides a basis to make thiswater right absolute for all decreed typesof use. C.R.S. § 37-92-301(4)(e). 6. Nameand address of owner or reputed ownersof the land upon which any new diversionor storage structure, or modification to anyexisting diversion or storage structure is orwill be constructed or upon which water isor will be stored, including any modifica-tion to the existing storage pool: None.WHEREFORE, the Applicants respect-fully request that this Court enter a de-cree: (1) finding that the Applicants haveexercised reasonable diligence in the de-velopment of the above-referenced condi-tional water rights; (2) confirming that theabove-described conditional water rightsare part of an integrated water system andthat due diligence as to any one compon-ent constitutes due diligence on all partsof such system; (3) awarding the above-described absolute water right for theCherry Creek Reservoir AugmentationPool storage right described above; (4)continuing the remaining conditional wa-ter rights in full force as decreed, and forsuch other and further relief as this Courtdeems just and proper. (22 pages; includ-ing Appendix 1 – UCCWA Member Wellsand UCCWA Location Map)
Misc. Private Legals
Cottonwood Water and Sanitation District;and East Cherry Creek Valley Water andSanitation District, in the South PlatteRiver and Its Tributaries Including CherryCreek, in Adams, Arapahoe, Denver,Douglas and Jefferson Counties, c/o Attor-neys John M. Dingess, Esq., and Peter C.Johnson, Esq., Duncan, Ostrander & Din-gess, P.C., 3600 S. Yosemite Street, Suite500, Denver, Colorado 80237-1829, 303-779-0200. APPLICATION TO MAKECONDITIONAL WATER RIGHT ABSO-LUTE, FOR A FINDING OF REASON-ABLE DILIGENCE AND TO CONTINUECONDITIONAL WATER RIGHTS INA D A M S , A R A P A H O E , D E N V E R ,D O U G L A S A N D J E F F E R S O NCOUNTIES. Applicants Upper CherryCreek Water Association and its memberentities, by and through the undersignedcounsel, hereby submit the following ap-plication to make a portion of their condi-tional water rights absolute, for finding ofreasonable diligence and to continue theirconditional water rights. 1. Name, ad-dress and telephone number of Applicant:The Upper Cherry Creek Water Associ-ation consists of the following Members:1.1. Arapahoe County Water andWastewater Authority (“ACWWA”), 13031East Caley Avenue, Englewood, Color-ado 80111, Telephone: 303.790.4830;1.2. City of Aurora, Colorado, a municipalcorporation of the Counties of Adams, Ar-apahoe and Douglas, acting by andthrough its Utility Enterprise (“Aurora”),15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012, Tele-phone: 303.739.7030; 1.3. Colorado Divi-sion of Parks and Wildlife (“CPW”), 6060Broadway, Denver, CO 80216, Tele-phone: 303.291.7261; 1.4. CottonwoodWater and Sanitation District (“CWSD”), 2Inverness Drive East, Englewood, Color-ado 80112, Telephone: 303.792.9509,1.5. East Cherry Creek Valley Water andSanitation District (“ECCV”), 6201 SouthGun Club Road, Aurora, Colorado 80015,Telephone: 303.693.3800, 1.6. UpperCherry Creek Water Association (“UC-CWA”): For the purposes of this case,ACWWA, Aurora, CPW, CWSD, and EC-CV are acting together as Members of theUpper Cherry Creek Water Associationestablished by the Establishing Contractdated December 17, 2001. ACWWA, Au-rora, CPW, CWSD, and ECCV are collect-ively referred to as “UCCWA” or “Applic-ant” and individually referred to as “Mem-bers.” 2. Description of conditional waterrights: The water rights which are thesubject of this application involve one con-ditional water storage right and one condi-tional appropriative right of exchange withseveral exchange-to and exchange-frompoints. 2.1 Description of Conditional Wa-ter Storage Right: A. Previous Decree:The original decree was entered in CaseNo. 01CW284, District Court, Water Divi-sion No. 1 on December 4, 2007 (the“01CW284 Decree”). B. Cherry CreekReservoir Augmentation Pool: In CaseNo. 01CW284, Member CPW was gran-ted a conditional water storage right with-in the existing storage capacity of CherryCreek Reservoir. CPW was also grantedthe right to fully consume water stored un-der this right. The details of this right areas follows: 1. Location: This right will bestored within the existing storage capacityof Cherry Creek Reservoir, which is an on-channel reservoir located in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, and 24, T5S,R67W, 6th P.M.; Sections 31 and 32, T4S,R66W, 6th P.M.; and Sections 7, 18 and19, T5S, R66W, 6th P.M., all in ArapahoeCounty, Colorado. The initial point of sur-vey of the high water line of the reservoiris located at a point whence the Southw-est Corner of Section 34, T4S, R67W, 6thP.M. bears North 54°54’ West a distanceof 5,856.8 feet. The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.2. Source of Water: Surface water inCherry Creek, tributary to the South PlatteRiver. 3. Date of Appropriation: July 27,2001. 4. Amount of Appropriation: 12,805acre-feet, Conditional, with the right to filland refill this right successively as manytimes as the management purposes of the01CW284 Decree allow. 5. Uses: Recre-ation, piscatorial and wildlife, augmenta-tion (including augmentation of evapora-tion from Cherry Creek Reservoir), andexchange. 2.2 Description of ConditionalAppropriative Right of Exchange: A. Previ-ous Decree: The 01CW284 Decree, asdescribed in paragraph 2.1(A) above. B.Points of diversion or “exchange-to”points: 1. ACWWA surface diversionstructures: a) Cottonwood Diversion Struc-ture No. 1: (1) Location: In the SE1/4 ofthe NE1/4 of Section 23, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 50 feet from the EastSection line and 1,450 feet from the NorthSection line of said Section 23. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. b) Lone Tree Surface Di-version: (1) Location: In the SW1/4 of theNE1/4 of Section 24, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 2,250 feet from theEast Section line and 2,200 feet from theNorth Section line of said Section 24. (2)Original Decree: Case No. 90CW201 for2.67 cfs, conditional, with an appropri-ation date of April 23, 1990. c) WindmillDiversion Structure No. 1: (1) Location: Inthe SW1/4 of the SW1/4 of Section 30,T5S, R66W, 6th P.M., Arapahoe County,Colorado, at a point approximately 1,300feet from the East Section line and 100feet from the South Section line of saidSection 30. (2) Original Decree: Case No.90CW201 for 2.67 cfs, conditional, with anappropriation date of April 23, 1990. d)Windmill Diversion Structure No. 2: (1)Location: In the SE1/4 of the NW1/4 ofSection 30, T5S, R66W, 6th P.M., Ar-apahoe County, Colorado, at a point ap-proximately 1,850 feet from the East Sec-tion line and 2,100 feet from the NorthSection line of said Section 30. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. 2. Cherry Creek Reser-voir, more fully described in Paragraph2.1(B) above. 3. In addition to the specificupstream points of diversion (or “ex-change-to” points) described above, ex-changes may be made directly to Mem-bers' wells (listed in Appendix 1 attachedto the Application) that are located within100 feet of the stream or to the point onCherry Creek where pumping depletes thestream, but no further upstream than thelocation of the U.S. Geological Surveystream gage below the Town of Parker,Colorado, which is located on CherryCreek in the SE1/4 of the NW1/4 of theNE1/4 of Section 21, T6S, R66W, 6thP.M., Douglas County, Colorado, on theright bank 200 feet upstream from MainStreet, 1,100 feet downstream from themouth of Sulphur Gulch, and 0.8 milesWest of the Town of Parker, Colorado.The approximate latitude of this point is39°31’09” North and the approximate lon-gitude is 104°46’45” West. C. Points ofsubstitute supply, or “exchange-from”points: 1. Confluence of Sand Creek andthe South Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, of the6th P.M., Adams County, Colorado. 2.Confluence of Cherry Creek and theSouth Platte River: This point is located onthe South Platte River in the NE1/4 of theNW1/4 of Section 33, T3S, R68W, 6thP.M, Denver County, Colorado. 3. TheOutfall of the Metro Wastewater Reclama-tion District: The outfall is located on theSouth Platte River in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, 6th P.M.,Adams County, Colorado. 4. GardenerDitch Headgate on the South Platte River:The decreed location is a point on theWest bank of the South Platte River ap-proximately 2° South, 15’ West, 2,167 feetfrom the corner of Sections 1, 2, 11 and12 of T3S, R68W, 6th P.M., AdamsCounty, Colorado. The point of diversionhas been relocated approximately onehalf mile further upstream on the SouthPlatte River. 5. Cherry Creek ReservoirOutlet Works: The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.D. Sources of substitute supply: WaterDeliverable to the Confluence of SandCreek and the South Platte River and theoutfall of the Metro Wastewater Reclama-tion District Treatment Plant: a) Water de-liverable to the Aurora Sand CreekWastewater Treatment Plant Outfall andwater deliverable to the Metro Wastewa-ter Reclamation District Outfall from re-usable sources owned by Aurora includ-ing trans-basin and fully consumptive usewaters, a portion of which is reusable non-tributary groundwater derived from ECCVsources, as more specifically described inthe 01CW284 Decree. b) Future Replace-ment Sources: Upon approval of the Divi-sion Engineer for Water Division 1, othertransbasin sources, fully consumable in-basin water rights that are available formunicipal use, and decreed nontributarysources that Aurora adjudicates, buys,leases or otherwise acquires in the future.c) Contract Eff luent or ReclaimedWastewater: Contract effluent or re-claimed wastewater in excess of Aurora’sexisting lease commitments for fully con-sumptive use water deliverable to theMetro Wastewater Reclamation Districtoutfall available to Aurora pursuant to itssewage transmission agreement with EC-CV dated May 15, 1976. d) AdditionalContract Effluent or Reclaimed Wastewa-ter: Additional contract effluent or re-claimed wastewater not subordinate toAurora’s use thereof for exchange and/oraugmentation purposes as provided inCase Nos. 86CW340, 89CW214 and89CW215, and 99CW158, and not subor-dinate to Aurora’s lease commitments forfully consumptive use water deliverable tothe outfall of the Metro Wastewater Re-clamation District and/or Sand CreekWastewater Treatment Plant existing onthe date of entry of this Decree. 2. Waterthat will be delivered to the confluence ofCherry Creek and the South Platte River.a) Member CPW’s Deer Creek Rights, asdecreed in Case No. Case No. 1678, Dis-tr ict Court, Park County, and sub-sequen t l y changed i n Case No .84CW566, Water Division 1, as more fullydescribed in paragraph 28.2 of the01CW284 Decree. b) Aurora’s reusablewater stored in Strontia Springs Reservoir.3. Water that will be delivered to theGardener Ditch headgate: CPW’s Garden-er Ditch Rights, as decreed in Case No.37275, District Court, City and County ofDenver, for which a change is pending inCase No. 98CW462, Water Division 1,and which is more fully described in para-graph 28.3 of the 01CW284 Decree. 4.Water that will be released from theCherry Creek Reservoir AugmentationPool: as more fully described in Para-graph 2.1(B) above and in the 01CW284Decree. E. Exchange Appropriation In-formation: 1. Date of Appropriation: June25, 1996. 2. Amount: 70.3 cfs, condition-al; 29.7 cfs, absolute. a) Note: In the01CW284 Decree, UCCWA was awardedan absolute water right in the amount of29.7 cfs for the above-described ex-change. This application for a finding ofreasonable diligence applies only to the70.3 cfs amount of this exchange whichremains conditional. 3. Decreed Uses: Allbeneficial uses presently decreed orclaimed for the structures described in Ap-pendix 1 attached hereto, inclusive, andthe conditional storage water right for theCherry Creek Reservoir AugmentationPool granted to CPW in the 01CW284 De-cree, including aesthetic, augmentation,commercial, domestic, fire protection, fishand wildlife propagation, industrial, irriga-tion, municipal, recreational, and storage.3. Integrated Water Supply System: Theconditionally decreed water rights de-scribed above each constitute a feature ofan integrated water system. “When aproject or integrated system is comprisedof several features, work on one feature ofthe project or system shall be consideredin finding that reasonable diligence hasbeen shown in the development of waterrights for all features of the entire projector system.” C.R.S. § 37-92-301(4)(b). 4.Detailed outline of what has been done to-ward completion or for completion of theappropriation and application of water to abeneficial use as conditionally decreed, in-cluding expenditures, during the previousdiligence period: During this diligence peri-od, Applicant and its members undertookthe following work in furtherance of theseconditional water rights, including the fol-lowing: 4.1. UCCWA: A. UCCWA has act-ively protected the subject conditional wa-ter rights from potential injury by perform-ing monthly reviews of the Water Division1 water court resume to determine wheth-er the filing of Statements of Oppositionwas necessary to protect its water rights inWater Division 1, including these condi-tional water rights. UCCWA has filedstatements of opposition in several casesto protect its water rights during this dili-gence period. Additionally, UCCWA’scounsel has continued to participate inpending legal actions to protect these con-ditional water rights during this diligenceperiod. During the subject diligence peri-od, UCCWA expended approximately$72,844 on legal expenses and $22,479on engineering expenses for the afore-mentioned protection of these conditionalwater rights. B. UCCWA has engaged insystem-wide diligence activities in order tomore efficiently manage its water re-sources, thus increasing the opportunity tostore additional amounts of water underthe subject conditional water storage rightand to exchange additional amounts ofwater under the subject conditional appro-priative right of exchange. This work in-cludes engineering analyses and legalconsultation regarding the operation ofUCCWA’s water resources. UCCWA hasalso performed periodic updates to the“Gain Equation” as required by the de-cree in Case No. 01CW284. During thisdiligence period, UCCWA has expendedapproximately $9,867 on legal expensesand $40,450 on engineering expenses forthese system-wide diligence activities. 4.2.Aurora: During this diligence period, Au-rora performed work on other parts of itsintegrated water supply system that iseither necessary for the successful opera-tion of the subject water rights or in fur-therance of those rights, including the fol-lowing: A. South Platte River Basin: 1.Prairie Waters Project: During this dili-gence period, Aurora has expended$545,852,000 on the construction of sev-eral elements of its Prairie Waters Project.This work will make additional Aurora wa-ter available at the outfall of the MetroWastewater Treatment Plant. 2. Construc-tion of Northern Treatment Plant: Aurorais a member of the Metro Wastewater Re-clamation District (“Metro”). Metro is cur-rently constructing its Northern TreatmentPlant, which is projected to be operationalby 2016. Once this treatment plant is op-erational, entities that previously treatedtheir wastewater at the Robert W. HiteTreatment Facility will treat some of theireffluent at the new Northern TreatmentPlant, thus freeing up capacity in theRobert W. Hite Treatment Facility for addi-tional amounts of effluent, which may beexchanged upstream to the exchange-topoints described herein. 3. Sand CreekWater Reuse Plant: Aurora operates this5-million-gallon per day facility to providetreated water for irrigation throughout theCity. During this diligence period, Auroraexpended approximately $3,023,000 onimprovements and expansion of this facil-ity. This work is necessary for reuse with-in the South Platte River Basin of the wa-ter that is the subject of the exchangeherein. 4. Reuse of Lawn Irrigation ReturnFlows: During this diligence period, Au-rora prosecuted Case No. 02CW341, Wa-ter Division 1, under which return flowsfrom lawn irrigation use of the water fromthe subject exchange are quantified to fa-cilitate future reuse of this water. A de-cree was entered in this case in Decem-ber of 2008. Aurora also performed stud-ies of LIRFs throughout Aurora that in-cluded various analyses conducted to de-termine the amount, timing, and locationof LIRFs within several drainage basinswithin Aurora’s service area, includingSand Creek. 5. Reuse Water SystemMaster Plan: In December 2008, Auroracompleted its Reuse Water System Mas-ter Plan. The goal of this study was to ex-plore options for optimization of Aurora’sreuse water system, and to develop a cap-ital improvement program outlining expan-sion of the reuse water system in severalphases. This reusable water includes sev-eral sources of substitute supply for thesubject exchange. 6. South Platte Ex-change: On September 22, 2013, Auroraobtained a decree in Case No. 08CW253,Water Division 1, granting a finding ofreasonable diligence and making abso-lute portions of conditional exchangerights. These water rights allow Aurora toexchange its reusable water from the con-fluence of Tarryall Creek and the SouthPlatte River to Spinney Mountain Reser-voir, where it can be released as a sourceof substitute supply for the subject ex-change. 7. Griswold Water TreatmentPlant Renovations: This facility treats aportion of the raw water before it is de-livered to Aurora’s customers. Approxim-ately $1,255,000 was spent by Aurora dur-ing this diligence period for improvementsto this facility. 8. Wemlinger Water Treat-ment Plant Expansion: During this dili-gence period, Aurora spent approximately$1,768,000 on expansion of the Wem-linger Water Treatment Plant. This facilitytreats a portion of the raw water that is areplacement source herein before it is de-livered to Aurora’s customers. 9. Auto-mated Meter Reading System: Auroraspent approximately $4,377,000 duringthis diligence period for conversion of itsmanual utility reading system to a fullyautomated system. 10. Study of Aurora’sWater Needs: During this diligence peri-od, Aurora spent more than $1,563,000toward engineering and planning studiesto assist in determining the City’s futurewater needs and a plan to meet thoseneeds. 11. Aurora Raw Water SystemModel: During this diligence period, Au-rora spent more than $602,000 on con-sultant fees to develop a computer modelof Aurora’s raw water system. B. Arkan-s a s R i v e r B a s i n : 1 . C a s e N o .2006CW101: During this diligence period,Aurora obtained a decree in Case No.2006CW101, Water Division 2, therebymaking absolute certain conditional ex-changes of water in the Arkansas RiverBasin upstream to the Otero Pipeline forconveyance to Aurora’s storages and di-version facilities within the South PlatteRiver Basin. Once in the South PlatteRiver Basin, these Arkansas River waterrights are reusable sources for the sub-ject exchange. The decree in this casewas granted on June 8, 2009. 2. CaseNo. 2001CW145: Aurora completed nego-tiations with opposers and adjudication ofseveral appropriative rights of exchange inthe Arkansas River Basin, which will in-crease Aurora’s ability to exchange waterfrom the Arkansas River Basin upstreamto the Otero Pipeline for conveyance toAurora’s storages and diversion facilitieswithin the South Platte River Basin. Oncein the South Platte River Basin, theseArkansas River water rights are reusablesources for the exchange herein. The de-cree in this case was granted on October30, 2012. 3. Payment for purchase andlease of Rocky Ford Ditch shares: Duringthis diligence period, Aurora spent approx-imately $5,763,338 for repayment ofbonds, including principal and interest,that were issued or refunded for the pur-chase of original Rocky Ford Ditch shareschanged in Case No. 83CW18, that are areusable source for the subject exchange.4. Payments to Rocky Ford School Dis-trict R-2: Aurora and the Rocky FordSchool District R-2 entered into an Inter-governmental Agreement on February 7,2005 under which Aurora agreed to makeannual payments to the School Districtconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made a total of $900,000 in annu-al payments. 5. Revegetation: During thisdiligence period, 100% completion of therevegetation of formerly irrigated lands re-quired under the decree in Case No.83CW18 and subsequent orders wasachieved. This allows for the transfer andeventual use by Aurora of Rocky FordDitch water that is a reusable source forthe subject exchange. Weed control ofthe revegetated lands is continuing. Dur-ing this diligence period, Aurora has madeexpenditures for expert revegetation clas-sifications and reports, actual revegeta-tion and weed control costs, as well asfarm equipment purchases, office over-head and personnel costs. 6. Payments toOtero County: Aurora and Otero Countyentered into an Intergovernmental Agree-ment on February 22, 1994, and amendedthat Agreement on October 29, 2001 un-der which Amendment Aurora agreed tomake annual payments to Otero Countyconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made payments of approximately$184,867. 7. Pueblo Reservoir Storage:During this diligence period, Aurora paidthe Bureau of Reclamation more than$3,072,630 for use of Pueblo Reservoir inthe storage and exchange of ArkansasRiver Basin water upstream for transportand use by Aurora in the South PlatteBasin. 8. Intergovernmental Agreementwith SECWCD: On October 3, 2003, Au-rora entered into an IntergovernmentalAgreement with the Southeastern Color-ado Water Conservancy District (“SECW-CD”), replacing an agreement betweenthe parties dated December 7, 2001. Au-rora’s use of Fryingpan-Arkansas facilitiesfor certain water rights is discussed underthis IGA. During this diligence period, Au-rora made payments of approximately$2,240,394 to SECWCD under this IGA.9. Agreements for Use of the HolbrookSystem Facilities: On March 1, 2005, Au-rora entered into two agreements pertain-ing to the use of the diversion, convey-ance and storage facilities of the Hol-brook Mutual Irrigating Company (“Hol-brook”). These agreements implement aprogram to recapture and store yield fromforegone diversions of senior water rights.Aurora completed structural modificationsto the Holbrook system facilities and hasfiled a Substitute Water Supply Plan ne-cessary to implement the program. Fur-ther, Aurora initiated a study to examineenlargement of the Holbrook Reservoir tofurther facilitate operations. During this di-ligence period, Aurora made payments ofapproximately $166,815 to Holbrook un-der this agreement. 10. Gravel Pit Stor-age: Aurora is pursuing gravel pit storageoptions on the Arkansas River down-stream from Pueblo Reservoir to allowstorage of its water rights for eventual ex-change to Pueblo Reservoir. These storedrights will facilitate Aurora’s ArkansasRiver Basin operation, including deliveryof the reusable water for the subject ex-change. During this diligence period, Au-rora spent approximately $67,000 towardthis effort. 11. Homestake Diversion Chan-nel: Work was done on the Homestake Di-version Channel to reduce erosion, includ-ing riprap and installation of a new road-way culvert. Once water is transportedover the continental divide through theOtero Pump Station and HomestakePipeline, it is then transported by theHomestake Diversion Channel to SpinneyMountain Reservoir in the South PlatteBasin. During this diligence period, Au-rora spent approximately $132,769 to-ward this effort. C. Colorado River Basin:1. During this diligence period, Aurora andthe City of Colorado Springs negotiatedwith Objectors in Case No. 95CW272(A),District Court, Water Division 5, andentered into Stipulations with many of theObjectors in that case, which adjudicatedchanges of water rights and augmenta-tion plans and exchanges involving theHomestake water rights. A decree wasgranted in this matter on March 16, 2011.2. During this diligence period, Aurora pro-secuted Case No. 2009CW17, Water Divi-sion 5. On October 10, 2010, the Division5 Water Court entered a decree confirm-ing diligence and continuing in effect theconditional water rights originally decreedin Case No. 98CW270, which comprisepart of the Homestake Project. 3. On June21, 2004, the City of Aurora entered intoan additional Water Exchange Agreementwith the Eagle Park Reservoir Company,the Colorado River Water ConservationDistrict, the Eagle River Water and Sanita-tion District, the Upper Eagle RegionalWater Authority, and Vail Associates, Inc.to supplement a 1998 Water ExchangeAgreement. This agreement affects oper-ations of the Homestake water rights anddeliveries of reusable water to Aurora foruse in the subject exchange. On January5, 2010, the City of Aurora entered into aConsolidated Water Exchange Agree-ment to supplement and merge and con-solidate the 1998 and 2004 Agreements.4. During this diligence period, Aurora hasnegotiated and recently executed a Re-covery Action Plan Participation Agree-ment with the Northern Colorado WaterConservancy District, and a Ruedi Insur-ance Water Cost Participation Agreementwith the City and County of Denver. Thepurpose of these agreements is to mitig-ate the impacts of transmountain diver-sions to Colorado’s front range in order tosupport the Recovery Implementation Pro-gram for Endangered Fish Species in theUpper Colorado River Basin. D. Protec-tion Efforts: During this diligence period,Aurora made expenditures for legal ser-vices for participation in Water Divisions 1,2 and 5 cases to protect the rights and in-terests of Aurora with regard to its watersupply system, including the subject ex-change. 4.3 CPW: A. Member CPW,through the Office of the Colorado Attor-ney General, continues to prosecute CaseNo. 98CW462, Water Division 1, in whichit is requesting a change of the GardenerDitch water right that will allow the waterright to be used as a source of substitutesupply for the subject exchange. CPWhas paid an expert consultant approxim-ately $29,000 for work on 98CW462, in-cluding site visits, meetings with variousopposers and administration officials, andconsultation with CPW. 4.4 ACWWA andCWSD: A. Joint Water Purification Plant:During this diligence period, CWSD andACWWA participated in the design, con-struction and opening of the Joint WaterPurification Plant (the “JWPP”), a watertreatment facility which is co-owned byACWWA, CWSD, and the ArapahoeCounty Water and Wastewater Public Im-provement District and is operated byACWWA. The JWPP was constructedspecifically to fully use and reuse the allu-vial water rights of ACWWA and CWSD.Nine of CWSD’s alluvial wells and severalof ACWWA’s alluvial wells are specificallylisted as exchange to points under the de-cree in 01CW284. Water which is ex-changed up to the alluvial wells ofACWWA and CWSD will typically betreated at the JWPP before delivery tocustomers. Therefore, building the JWPPincreases and supports the ability ofACWWA and CWSD to use the subjectexchange. CWSD expended approxim-ately $9,889,000 on the design and con-struction of the JWPP and relatedpipelines and facilities, within this dili-gence period. ACWWA expended a totalof $19,560,849 for the design and con-struction of the JWPP. B. Well Drilling: InMarch 2009, CWSD re-drilled DiamondOver D Well No. 1, which is decreed asone of the upper points of diversion underthe subject exchange herein. C. Integ-rated Water and WW System: CWSD op-erates an integrated municipal water sup-ply and wastewater system within themeaning of C.R.S. § 37-92-301(4)(b),such that work on any feature of CWSD’sintegrated system shall be considered infinding that reasonable diligence has beenshown in the development of any and allwater rights for that entire system. SinceMay 2006, CWSD has made the followingexpenditures on its integrated water sys-tem. Approximately $795,000 for construc-tion of and improvement to alluvial wells.An average of $15,000/year for participa-tion in the Upper Cherry Creek Water Au-thority. $97,783 for contributions towardjoint modeling of the Cherry Creek Basin(a total of $116,828 has been authorizedby the CWSD Board, including the new C-CAMP 2.0 contract). D. King’s PointeSouth: CWSD is negotiating an agree-ment with Aurora, pursuant to whichCWSD would provide temporary (up to 10years or more) water service to serve adevelopment within Aurora known asKing’s Pointe South. The proposal undernegotiation is for Aurora to provide rawwater supplies to CWSD under the UC-CWA regional augmentation plan, to bewithdrawn through CWSD’s Cherry Creekalluvial wells. Then, CWSD will treat thewater supplies at the JWPP and delivertreated water to Aurora to serve King’sPointe South. The subject exchange maybe used as part of this agreement. E. Con-tract for Water Deliveries: CWSD is nego-tiating a second agreement with Aurora,pursuant to which CWSD may purchaseup to 140 acre-feet per year of reusablereturn flows owned by Aurora, which aredischarged to the South Platte River fromthe Metro Plant. Then, CWSD would ex-change the return flows under the subjectexchange for withdrawal from CWSD’sCherry Creek alluvial wells. F. On March10, 2010, Members CWSD and ACWWAfiled in Case No. 01CW284, Water Divi-sion 1 a notice of acquisition of additionalwater sources to be used in UCCWA’splan for augmentation and appropriativerights of exchange. G. ACWWA filedstatements of opposition and litigatedCase Nos. 01CW285, 01CW286 and01CW287 in Water Division 1. In this litig-ation, ACWWA was successful in arguingthat the priorities of the claimed waterrights were junior to UCCWA’s storageand exchange priorit ies decreed in01CW284, thereby protecting UCCWA’sability to store and exchange the subjectconditional water rights. H. ChambersReservoir: During the subject diligenceperiod, ACWWA completed ChambersReservoir, which has a capacity of approx-imately 1,400 acre-feet. ACWWA ob-tained the State Engineer’s approval to fillthe Chambers Reservoir by pumpingsome of its alluvial wells that are includedin the 01CW284 augmentation plan. The01CW284 augmentation plan will providereplacement water for the well depletions,including operation of the subject ex-change. This reservoir operation will in-crease the demand for ACWWA to oper-ate the subject exchange. Additionally, re-leases from Chambers Reservoir are asource of augmentation water and may beexchanged to the upstream point ofACWWA’s depletions pursuant to the sub-ject exchange. The Chambers Reservoirclaim was added to ACWWA’s Case No.96CW1144 pursuant to the First AmendedApplication filed in December of 2010. I.ACWWA Flow Project: In 2009 ACWWAcontracted with United Water and Sanita-tion District and ECCV to develop theACWWA Flow Project. This project whenfully developed will acquire, treat and de-liver 4,400 acre feet of annual averageyield water rights from ditch systems in theSouth Platte Basin to ECCV Water Treat-ment Plant for treatment, then to ACWWAfor use. This water will be used forACWWA’s customers and its return flowswill be used in ACWWA’s augmentationplan which will use ACWWA’s alluvialwells to supply ACWWA additional pot-able and non-potable water supplies.ACWWA has numerous wells that are lis-ted as exchange points in 01CW284. Wa-ter which is exchanged up to ACWWA’salluvial wells can be stored in ChambersReservoir for use. Therefore, the develop-ment of the ACWWA Flow Project in-creases and supports ACWWA’s ability touse the subject exchange. Costs for theACWWA Flow Project are approximately$132,000,000 for the following: Acquisi-tion of Water Rights and System, Pipelineand Well Field Easements, Capacity in theECCV Northern Line, Capacity in the EC-CV Deep Injection Well, Capacity in theECCV Water Treatment Plant, Capacity inthe ECCV Pumpstation, Interconnect linebe tween ECCV and ACWWA. J .ACWWA’s 2010 Draft Integrated MasterPlan: During this di l igence period,ACWWA expended approx imate ly$349,000 for the initial development of itsMaster Plan. Starting in 2010, ACWWAdeveloped a p lan that in tegratedACWWA’s potable, non-potable andwastewater systems. This plan fully relieson ACWWA’s alluvial water rights (includ-ing numerous wells that are listed as ex-change points in 01CW284) and the aug-mentation of the use of those wells whennot in priority to ensure ACWWA has anefficient system. Therefore; the develop-ment of this planning document increasesand supports ACWWA’s ability to use thesubject exchange. The total cost for theinitial development of the Master Plan is$349,000. 4.5. ECCV: A. Case No.00CW217: The decrees entered in CaseNos. 88CW054(A) and 88CW054(B),which adjudicated lawn irrigation returnflows to be used as augmentation and ex-changes sources, were combined into oneunified decree and were superseded bythe decree entered in Case No. 00CW217on March 23, 2009. B. ECCV’s NorthernWater Supply Project: The Water SupplyProject is designed to provide ECCV witha long-term, sustainable municipal watersupply for its service area located in Ar-apahoe County, Colorado. In order to im-plement the ECCV Water Supply Project,ECCV, United Water and Sanitation Dis-trict, and the Farmers Reservoir & Irriga-tion Company entered into a Water Sup-ply Agreement on December 18, 2003,that was amended in May 2007. The Wa-ter Supply Project is a multi-phase renew-able water supply project. Phase one se-cured approximately 6,000 acre-feet ofwater rights from the South Platte Riverand the construction of a 31-mile pipeline,storage tanks and two pump stations. Thisphase of the Project now delivers renew-able water from the Beebe Draw, wherewater is stored from the South PlatteRiver, and then is sent down through thepipeline to ECCV’s service area. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-menta l Agreement to prov ide forACWWA’s participation with ECCV andUnited in the Water Supply Project. Thereturn flows from the water delivered willbe used in ECCV’s augmentation plan,Case No. 00CW217, which will useECCV’s alluvial wells to supply ECCV withadditional potable and non-potable watersupplies. 4.6. Other: UCCWA and itsMembers reserve the right to identify addi-tional relevant efforts that may be laterdiscovered or to make upward adjust-ments to amounts expended on certainprojects. UCCWA and its Members haveextensive water rights portfolios, extens-ive and complex water supply, collection,treatment and reuse systems, and an ex-tensive number of agreements, contracts,leases, etc. related to such facilities andthe use, reuse and storage of their waterrights. The management, protection, andoperation of the water rights and the facil-ities system involve numerous public de-partments and staff members throughoutthe state. UCCWA and its Members madediligent efforts with regard to this applica-tion to determine and quantify all effortsmade by UCCWA and its Members to-ward completion of the appropriations andapplication of the water rights decreed inCase No. 01CW284 to beneficial use.However, it is reasonably possible that rel-evant efforts or expenditures may havebeen overlooked or need further upwardadjustment. 5. Claim to make absolute:5.1. Name of Water Right: Cherry CreekReservoir Augmentation Pool, as de-scribed in paragraph 2.1 above. A. Date ofapplication to beneficial use: September12 and 13, 2013. B. Amount: 2,560 acre-feet. C. Type of use: Recreation, piscatori-al and wildlife, augmentation (includingaugmentation of evaporation from CherryCreek Reservoir), and exchange. D. Evid-ence that diversion was made in priority:On September 12 and 13, 2013, MemberCPW stored 2,560 acre-feet pursuant tothe Cherry Creek Reservoir Augmenta-tion Pool Water Right described in para-graph 2.1 above. The accounting forCherry Creek Reservoir during this timedemonstrates that this amount of waterwas diverted into storage in priority. Thecapture and storage of this water in-prior-ity storage provides a basis to make thiswater right absolute for all decreed typesof use. C.R.S. § 37-92-301(4)(e). 6. Nameand address of owner or reputed ownersof the land upon which any new diversionor storage structure, or modification to anyexisting diversion or storage structure is orwill be constructed or upon which water isor will be stored, including any modifica-tion to the existing storage pool: None.WHEREFORE, the Applicants respect-fully request that this Court enter a de-cree: (1) finding that the Applicants haveexercised reasonable diligence in the de-velopment of the above-referenced condi-tional water rights; (2) confirming that theabove-described conditional water rightsare part of an integrated water system andthat due diligence as to any one compon-ent constitutes due diligence on all partsof such system; (3) awarding the above-described absolute water right for theCherry Creek Reservoir AugmentationPool storage right described above; (4)continuing the remaining conditional wa-ter rights in full force as decreed, and forsuch other and further relief as this Courtdeems just and proper. (22 pages; includ-ing Appendix 1 – UCCWA Member Wellsand UCCWA Location Map)
Misc. Private Legals
Cottonwood Water and Sanitation District;and East Cherry Creek Valley Water andSanitation District, in the South PlatteRiver and Its Tributaries Including CherryCreek, in Adams, Arapahoe, Denver,Douglas and Jefferson Counties, c/o Attor-neys John M. Dingess, Esq., and Peter C.Johnson, Esq., Duncan, Ostrander & Din-gess, P.C., 3600 S. Yosemite Street, Suite500, Denver, Colorado 80237-1829, 303-779-0200. APPLICATION TO MAKECONDITIONAL WATER RIGHT ABSO-LUTE, FOR A FINDING OF REASON-ABLE DILIGENCE AND TO CONTINUECONDITIONAL WATER RIGHTS INA D A M S , A R A P A H O E , D E N V E R ,D O U G L A S A N D J E F F E R S O NCOUNTIES. Applicants Upper CherryCreek Water Association and its memberentities, by and through the undersignedcounsel, hereby submit the following ap-plication to make a portion of their condi-tional water rights absolute, for finding ofreasonable diligence and to continue theirconditional water rights. 1. Name, ad-dress and telephone number of Applicant:The Upper Cherry Creek Water Associ-ation consists of the following Members:1.1. Arapahoe County Water andWastewater Authority (“ACWWA”), 13031East Caley Avenue, Englewood, Color-ado 80111, Telephone: 303.790.4830;1.2. City of Aurora, Colorado, a municipalcorporation of the Counties of Adams, Ar-apahoe and Douglas, acting by andthrough its Utility Enterprise (“Aurora”),15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012, Tele-phone: 303.739.7030; 1.3. Colorado Divi-sion of Parks and Wildlife (“CPW”), 6060Broadway, Denver, CO 80216, Tele-phone: 303.291.7261; 1.4. CottonwoodWater and Sanitation District (“CWSD”), 2Inverness Drive East, Englewood, Color-ado 80112, Telephone: 303.792.9509,1.5. East Cherry Creek Valley Water andSanitation District (“ECCV”), 6201 SouthGun Club Road, Aurora, Colorado 80015,Telephone: 303.693.3800, 1.6. UpperCherry Creek Water Association (“UC-CWA”): For the purposes of this case,ACWWA, Aurora, CPW, CWSD, and EC-CV are acting together as Members of theUpper Cherry Creek Water Associationestablished by the Establishing Contractdated December 17, 2001. ACWWA, Au-rora, CPW, CWSD, and ECCV are collect-ively referred to as “UCCWA” or “Applic-ant” and individually referred to as “Mem-bers.” 2. Description of conditional waterrights: The water rights which are thesubject of this application involve one con-ditional water storage right and one condi-tional appropriative right of exchange withseveral exchange-to and exchange-frompoints. 2.1 Description of Conditional Wa-ter Storage Right: A. Previous Decree:The original decree was entered in CaseNo. 01CW284, District Court, Water Divi-sion No. 1 on December 4, 2007 (the“01CW284 Decree”). B. Cherry CreekReservoir Augmentation Pool: In CaseNo. 01CW284, Member CPW was gran-ted a conditional water storage right with-in the existing storage capacity of CherryCreek Reservoir. CPW was also grantedthe right to fully consume water stored un-der this right. The details of this right areas follows: 1. Location: This right will bestored within the existing storage capacityof Cherry Creek Reservoir, which is an on-channel reservoir located in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, and 24, T5S,R67W, 6th P.M.; Sections 31 and 32, T4S,R66W, 6th P.M.; and Sections 7, 18 and19, T5S, R66W, 6th P.M., all in ArapahoeCounty, Colorado. The initial point of sur-vey of the high water line of the reservoiris located at a point whence the Southw-est Corner of Section 34, T4S, R67W, 6thP.M. bears North 54°54’ West a distanceof 5,856.8 feet. The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.2. Source of Water: Surface water inCherry Creek, tributary to the South PlatteRiver. 3. Date of Appropriation: July 27,2001. 4. Amount of Appropriation: 12,805acre-feet, Conditional, with the right to filland refill this right successively as manytimes as the management purposes of the01CW284 Decree allow. 5. Uses: Recre-ation, piscatorial and wildlife, augmenta-tion (including augmentation of evapora-tion from Cherry Creek Reservoir), andexchange. 2.2 Description of ConditionalAppropriative Right of Exchange: A. Previ-ous Decree: The 01CW284 Decree, asdescribed in paragraph 2.1(A) above. B.Points of diversion or “exchange-to”points: 1. ACWWA surface diversionstructures: a) Cottonwood Diversion Struc-ture No. 1: (1) Location: In the SE1/4 ofthe NE1/4 of Section 23, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 50 feet from the EastSection line and 1,450 feet from the NorthSection line of said Section 23. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. b) Lone Tree Surface Di-version: (1) Location: In the SW1/4 of theNE1/4 of Section 24, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 2,250 feet from theEast Section line and 2,200 feet from theNorth Section line of said Section 24. (2)Original Decree: Case No. 90CW201 for2.67 cfs, conditional, with an appropri-ation date of April 23, 1990. c) WindmillDiversion Structure No. 1: (1) Location: Inthe SW1/4 of the SW1/4 of Section 30,T5S, R66W, 6th P.M., Arapahoe County,Colorado, at a point approximately 1,300feet from the East Section line and 100feet from the South Section line of saidSection 30. (2) Original Decree: Case No.90CW201 for 2.67 cfs, conditional, with anappropriation date of April 23, 1990. d)Windmill Diversion Structure No. 2: (1)Location: In the SE1/4 of the NW1/4 ofSection 30, T5S, R66W, 6th P.M., Ar-apahoe County, Colorado, at a point ap-proximately 1,850 feet from the East Sec-tion line and 2,100 feet from the NorthSection line of said Section 30. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. 2. Cherry Creek Reser-voir, more fully described in Paragraph2.1(B) above. 3. In addition to the specificupstream points of diversion (or “ex-change-to” points) described above, ex-changes may be made directly to Mem-bers' wells (listed in Appendix 1 attachedto the Application) that are located within100 feet of the stream or to the point onCherry Creek where pumping depletes thestream, but no further upstream than thelocation of the U.S. Geological Surveystream gage below the Town of Parker,Colorado, which is located on CherryCreek in the SE1/4 of the NW1/4 of theNE1/4 of Section 21, T6S, R66W, 6thP.M., Douglas County, Colorado, on theright bank 200 feet upstream from MainStreet, 1,100 feet downstream from themouth of Sulphur Gulch, and 0.8 milesWest of the Town of Parker, Colorado.The approximate latitude of this point is39°31’09” North and the approximate lon-gitude is 104°46’45” West. C. Points ofsubstitute supply, or “exchange-from”points: 1. Confluence of Sand Creek andthe South Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, of the6th P.M., Adams County, Colorado. 2.Confluence of Cherry Creek and theSouth Platte River: This point is located onthe South Platte River in the NE1/4 of theNW1/4 of Section 33, T3S, R68W, 6thP.M, Denver County, Colorado. 3. TheOutfall of the Metro Wastewater Reclama-tion District: The outfall is located on theSouth Platte River in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, 6th P.M.,Adams County, Colorado. 4. GardenerDitch Headgate on the South Platte River:The decreed location is a point on theWest bank of the South Platte River ap-proximately 2° South, 15’ West, 2,167 feetfrom the corner of Sections 1, 2, 11 and12 of T3S, R68W, 6th P.M., AdamsCounty, Colorado. The point of diversionhas been relocated approximately onehalf mile further upstream on the SouthPlatte River. 5. Cherry Creek ReservoirOutlet Works: The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.D. Sources of substitute supply: WaterDeliverable to the Confluence of SandCreek and the South Platte River and theoutfall of the Metro Wastewater Reclama-tion District Treatment Plant: a) Water de-liverable to the Aurora Sand CreekWastewater Treatment Plant Outfall andwater deliverable to the Metro Wastewa-ter Reclamation District Outfall from re-usable sources owned by Aurora includ-ing trans-basin and fully consumptive usewaters, a portion of which is reusable non-tributary groundwater derived from ECCVsources, as more specifically described inthe 01CW284 Decree. b) Future Replace-ment Sources: Upon approval of the Divi-sion Engineer for Water Division 1, othertransbasin sources, fully consumable in-basin water rights that are available formunicipal use, and decreed nontributarysources that Aurora adjudicates, buys,leases or otherwise acquires in the future.c) Contract Eff luent or ReclaimedWastewater: Contract effluent or re-claimed wastewater in excess of Aurora’sexisting lease commitments for fully con-sumptive use water deliverable to theMetro Wastewater Reclamation Districtoutfall available to Aurora pursuant to itssewage transmission agreement with EC-CV dated May 15, 1976. d) AdditionalContract Effluent or Reclaimed Wastewa-ter: Additional contract effluent or re-claimed wastewater not subordinate toAurora’s use thereof for exchange and/oraugmentation purposes as provided inCase Nos. 86CW340, 89CW214 and89CW215, and 99CW158, and not subor-dinate to Aurora’s lease commitments forfully consumptive use water deliverable tothe outfall of the Metro Wastewater Re-clamation District and/or Sand CreekWastewater Treatment Plant existing onthe date of entry of this Decree. 2. Waterthat will be delivered to the confluence ofCherry Creek and the South Platte River.a) Member CPW’s Deer Creek Rights, asdecreed in Case No. Case No. 1678, Dis-tr ict Court, Park County, and sub-sequen t l y changed i n Case No .84CW566, Water Division 1, as more fullydescribed in paragraph 28.2 of the01CW284 Decree. b) Aurora’s reusablewater stored in Strontia Springs Reservoir.3. Water that will be delivered to theGardener Ditch headgate: CPW’s Garden-er Ditch Rights, as decreed in Case No.37275, District Court, City and County ofDenver, for which a change is pending inCase No. 98CW462, Water Division 1,and which is more fully described in para-graph 28.3 of the 01CW284 Decree. 4.Water that will be released from theCherry Creek Reservoir AugmentationPool: as more fully described in Para-graph 2.1(B) above and in the 01CW284Decree. E. Exchange Appropriation In-formation: 1. Date of Appropriation: June25, 1996. 2. Amount: 70.3 cfs, condition-al; 29.7 cfs, absolute. a) Note: In the01CW284 Decree, UCCWA was awardedan absolute water right in the amount of29.7 cfs for the above-described ex-change. This application for a finding ofreasonable diligence applies only to the70.3 cfs amount of this exchange whichremains conditional. 3. Decreed Uses: Allbeneficial uses presently decreed orclaimed for the structures described in Ap-pendix 1 attached hereto, inclusive, andthe conditional storage water right for theCherry Creek Reservoir AugmentationPool granted to CPW in the 01CW284 De-cree, including aesthetic, augmentation,commercial, domestic, fire protection, fishand wildlife propagation, industrial, irriga-tion, municipal, recreational, and storage.3. Integrated Water Supply System: Theconditionally decreed water rights de-scribed above each constitute a feature ofan integrated water system. “When aproject or integrated system is comprisedof several features, work on one feature ofthe project or system shall be consideredin finding that reasonable diligence hasbeen shown in the development of waterrights for all features of the entire projector system.” C.R.S. § 37-92-301(4)(b). 4.Detailed outline of what has been done to-ward completion or for completion of theappropriation and application of water to abeneficial use as conditionally decreed, in-cluding expenditures, during the previousdiligence period: During this diligence peri-od, Applicant and its members undertookthe following work in furtherance of theseconditional water rights, including the fol-lowing: 4.1. UCCWA: A. UCCWA has act-ively protected the subject conditional wa-ter rights from potential injury by perform-ing monthly reviews of the Water Division1 water court resume to determine wheth-er the filing of Statements of Oppositionwas necessary to protect its water rights inWater Division 1, including these condi-tional water rights. UCCWA has filedstatements of opposition in several casesto protect its water rights during this dili-gence period. Additionally, UCCWA’scounsel has continued to participate inpending legal actions to protect these con-ditional water rights during this diligenceperiod. During the subject diligence peri-od, UCCWA expended approximately$72,844 on legal expenses and $22,479on engineering expenses for the afore-mentioned protection of these conditionalwater rights. B. UCCWA has engaged insystem-wide diligence activities in order tomore efficiently manage its water re-sources, thus increasing the opportunity tostore additional amounts of water underthe subject conditional water storage rightand to exchange additional amounts ofwater under the subject conditional appro-priative right of exchange. This work in-cludes engineering analyses and legalconsultation regarding the operation ofUCCWA’s water resources. UCCWA hasalso performed periodic updates to the“Gain Equation” as required by the de-cree in Case No. 01CW284. During thisdiligence period, UCCWA has expendedapproximately $9,867 on legal expensesand $40,450 on engineering expenses forthese system-wide diligence activities. 4.2.Aurora: During this diligence period, Au-rora performed work on other parts of itsintegrated water supply system that iseither necessary for the successful opera-tion of the subject water rights or in fur-therance of those rights, including the fol-lowing: A. South Platte River Basin: 1.Prairie Waters Project: During this dili-gence period, Aurora has expended$545,852,000 on the construction of sev-eral elements of its Prairie Waters Project.This work will make additional Aurora wa-ter available at the outfall of the MetroWastewater Treatment Plant. 2. Construc-tion of Northern Treatment Plant: Aurorais a member of the Metro Wastewater Re-clamation District (“Metro”). Metro is cur-rently constructing its Northern TreatmentPlant, which is projected to be operationalby 2016. Once this treatment plant is op-erational, entities that previously treatedtheir wastewater at the Robert W. HiteTreatment Facility will treat some of theireffluent at the new Northern TreatmentPlant, thus freeing up capacity in theRobert W. Hite Treatment Facility for addi-tional amounts of effluent, which may beexchanged upstream to the exchange-topoints described herein. 3. Sand CreekWater Reuse Plant: Aurora operates this5-million-gallon per day facility to providetreated water for irrigation throughout theCity. During this diligence period, Auroraexpended approximately $3,023,000 onimprovements and expansion of this facil-ity. This work is necessary for reuse with-in the South Platte River Basin of the wa-ter that is the subject of the exchangeherein. 4. Reuse of Lawn Irrigation ReturnFlows: During this diligence period, Au-rora prosecuted Case No. 02CW341, Wa-ter Division 1, under which return flowsfrom lawn irrigation use of the water fromthe subject exchange are quantified to fa-cilitate future reuse of this water. A de-cree was entered in this case in Decem-ber of 2008. Aurora also performed stud-ies of LIRFs throughout Aurora that in-cluded various analyses conducted to de-termine the amount, timing, and locationof LIRFs within several drainage basinswithin Aurora’s service area, includingSand Creek. 5. Reuse Water SystemMaster Plan: In December 2008, Auroracompleted its Reuse Water System Mas-ter Plan. The goal of this study was to ex-plore options for optimization of Aurora’sreuse water system, and to develop a cap-ital improvement program outlining expan-sion of the reuse water system in severalphases. This reusable water includes sev-eral sources of substitute supply for thesubject exchange. 6. South Platte Ex-change: On September 22, 2013, Auroraobtained a decree in Case No. 08CW253,Water Division 1, granting a finding ofreasonable diligence and making abso-lute portions of conditional exchangerights. These water rights allow Aurora toexchange its reusable water from the con-fluence of Tarryall Creek and the SouthPlatte River to Spinney Mountain Reser-voir, where it can be released as a sourceof substitute supply for the subject ex-change. 7. Griswold Water TreatmentPlant Renovations: This facility treats aportion of the raw water before it is de-livered to Aurora’s customers. Approxim-ately $1,255,000 was spent by Aurora dur-ing this diligence period for improvementsto this facility. 8. Wemlinger Water Treat-ment Plant Expansion: During this dili-gence period, Aurora spent approximately$1,768,000 on expansion of the Wem-linger Water Treatment Plant. This facilitytreats a portion of the raw water that is areplacement source herein before it is de-livered to Aurora’s customers. 9. Auto-mated Meter Reading System: Auroraspent approximately $4,377,000 duringthis diligence period for conversion of itsmanual utility reading system to a fullyautomated system. 10. Study of Aurora’sWater Needs: During this diligence peri-od, Aurora spent more than $1,563,000toward engineering and planning studiesto assist in determining the City’s futurewater needs and a plan to meet thoseneeds. 11. Aurora Raw Water SystemModel: During this diligence period, Au-rora spent more than $602,000 on con-sultant fees to develop a computer modelof Aurora’s raw water system. B. Arkan-s a s R i v e r B a s i n : 1 . C a s e N o .2006CW101: During this diligence period,Aurora obtained a decree in Case No.2006CW101, Water Division 2, therebymaking absolute certain conditional ex-changes of water in the Arkansas RiverBasin upstream to the Otero Pipeline forconveyance to Aurora’s storages and di-version facilities within the South PlatteRiver Basin. Once in the South PlatteRiver Basin, these Arkansas River waterrights are reusable sources for the sub-ject exchange. The decree in this casewas granted on June 8, 2009. 2. CaseNo. 2001CW145: Aurora completed nego-tiations with opposers and adjudication ofseveral appropriative rights of exchange inthe Arkansas River Basin, which will in-crease Aurora’s ability to exchange waterfrom the Arkansas River Basin upstreamto the Otero Pipeline for conveyance toAurora’s storages and diversion facilitieswithin the South Platte River Basin. Oncein the South Platte River Basin, theseArkansas River water rights are reusablesources for the exchange herein. The de-cree in this case was granted on October30, 2012. 3. Payment for purchase andlease of Rocky Ford Ditch shares: Duringthis diligence period, Aurora spent approx-imately $5,763,338 for repayment ofbonds, including principal and interest,that were issued or refunded for the pur-chase of original Rocky Ford Ditch shareschanged in Case No. 83CW18, that are areusable source for the subject exchange.4. Payments to Rocky Ford School Dis-trict R-2: Aurora and the Rocky FordSchool District R-2 entered into an Inter-governmental Agreement on February 7,2005 under which Aurora agreed to makeannual payments to the School Districtconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made a total of $900,000 in annu-al payments. 5. Revegetation: During thisdiligence period, 100% completion of therevegetation of formerly irrigated lands re-quired under the decree in Case No.83CW18 and subsequent orders wasachieved. This allows for the transfer andeventual use by Aurora of Rocky FordDitch water that is a reusable source forthe subject exchange. Weed control ofthe revegetated lands is continuing. Dur-ing this diligence period, Aurora has madeexpenditures for expert revegetation clas-sifications and reports, actual revegeta-tion and weed control costs, as well asfarm equipment purchases, office over-head and personnel costs. 6. Payments toOtero County: Aurora and Otero Countyentered into an Intergovernmental Agree-ment on February 22, 1994, and amendedthat Agreement on October 29, 2001 un-der which Amendment Aurora agreed tomake annual payments to Otero Countyconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made payments of approximately$184,867. 7. Pueblo Reservoir Storage:During this diligence period, Aurora paidthe Bureau of Reclamation more than$3,072,630 for use of Pueblo Reservoir inthe storage and exchange of ArkansasRiver Basin water upstream for transportand use by Aurora in the South PlatteBasin. 8. Intergovernmental Agreementwith SECWCD: On October 3, 2003, Au-rora entered into an IntergovernmentalAgreement with the Southeastern Color-ado Water Conservancy District (“SECW-CD”), replacing an agreement betweenthe parties dated December 7, 2001. Au-rora’s use of Fryingpan-Arkansas facilitiesfor certain water rights is discussed underthis IGA. During this diligence period, Au-rora made payments of approximately$2,240,394 to SECWCD under this IGA.9. Agreements for Use of the HolbrookSystem Facilities: On March 1, 2005, Au-rora entered into two agreements pertain-ing to the use of the diversion, convey-ance and storage facilities of the Hol-brook Mutual Irrigating Company (“Hol-brook”). These agreements implement aprogram to recapture and store yield fromforegone diversions of senior water rights.Aurora completed structural modificationsto the Holbrook system facilities and hasfiled a Substitute Water Supply Plan ne-cessary to implement the program. Fur-ther, Aurora initiated a study to examineenlargement of the Holbrook Reservoir tofurther facilitate operations. During this di-ligence period, Aurora made payments ofapproximately $166,815 to Holbrook un-der this agreement. 10. Gravel Pit Stor-age: Aurora is pursuing gravel pit storageoptions on the Arkansas River down-stream from Pueblo Reservoir to allowstorage of its water rights for eventual ex-change to Pueblo Reservoir. These storedrights will facilitate Aurora’s ArkansasRiver Basin operation, including deliveryof the reusable water for the subject ex-change. During this diligence period, Au-rora spent approximately $67,000 towardthis effort. 11. Homestake Diversion Chan-nel: Work was done on the Homestake Di-version Channel to reduce erosion, includ-ing riprap and installation of a new road-way culvert. Once water is transportedover the continental divide through theOtero Pump Station and HomestakePipeline, it is then transported by theHomestake Diversion Channel to SpinneyMountain Reservoir in the South PlatteBasin. During this diligence period, Au-rora spent approximately $132,769 to-ward this effort. C. Colorado River Basin:1. During this diligence period, Aurora andthe City of Colorado Springs negotiatedwith Objectors in Case No. 95CW272(A),District Court, Water Division 5, andentered into Stipulations with many of theObjectors in that case, which adjudicatedchanges of water rights and augmenta-tion plans and exchanges involving theHomestake water rights. A decree wasgranted in this matter on March 16, 2011.2. During this diligence period, Aurora pro-secuted Case No. 2009CW17, Water Divi-sion 5. On October 10, 2010, the Division5 Water Court entered a decree confirm-ing diligence and continuing in effect theconditional water rights originally decreedin Case No. 98CW270, which comprisepart of the Homestake Project. 3. On June21, 2004, the City of Aurora entered intoan additional Water Exchange Agreementwith the Eagle Park Reservoir Company,the Colorado River Water ConservationDistrict, the Eagle River Water and Sanita-tion District, the Upper Eagle RegionalWater Authority, and Vail Associates, Inc.to supplement a 1998 Water ExchangeAgreement. This agreement affects oper-ations of the Homestake water rights anddeliveries of reusable water to Aurora foruse in the subject exchange. On January5, 2010, the City of Aurora entered into aConsolidated Water Exchange Agree-ment to supplement and merge and con-solidate the 1998 and 2004 Agreements.4. During this diligence period, Aurora hasnegotiated and recently executed a Re-covery Action Plan Participation Agree-ment with the Northern Colorado WaterConservancy District, and a Ruedi Insur-ance Water Cost Participation Agreementwith the City and County of Denver. Thepurpose of these agreements is to mitig-ate the impacts of transmountain diver-sions to Colorado’s front range in order tosupport the Recovery Implementation Pro-gram for Endangered Fish Species in theUpper Colorado River Basin. D. Protec-tion Efforts: During this diligence period,Aurora made expenditures for legal ser-vices for participation in Water Divisions 1,2 and 5 cases to protect the rights and in-terests of Aurora with regard to its watersupply system, including the subject ex-change. 4.3 CPW: A. Member CPW,through the Office of the Colorado Attor-ney General, continues to prosecute CaseNo. 98CW462, Water Division 1, in whichit is requesting a change of the GardenerDitch water right that will allow the waterright to be used as a source of substitutesupply for the subject exchange. CPWhas paid an expert consultant approxim-ately $29,000 for work on 98CW462, in-cluding site visits, meetings with variousopposers and administration officials, andconsultation with CPW. 4.4 ACWWA andCWSD: A. Joint Water Purification Plant:During this diligence period, CWSD andACWWA participated in the design, con-struction and opening of the Joint WaterPurification Plant (the “JWPP”), a watertreatment facility which is co-owned byACWWA, CWSD, and the ArapahoeCounty Water and Wastewater Public Im-provement District and is operated byACWWA. The JWPP was constructedspecifically to fully use and reuse the allu-vial water rights of ACWWA and CWSD.Nine of CWSD’s alluvial wells and severalof ACWWA’s alluvial wells are specificallylisted as exchange to points under the de-cree in 01CW284. Water which is ex-changed up to the alluvial wells ofACWWA and CWSD will typically betreated at the JWPP before delivery tocustomers. Therefore, building the JWPPincreases and supports the ability ofACWWA and CWSD to use the subjectexchange. CWSD expended approxim-ately $9,889,000 on the design and con-struction of the JWPP and relatedpipelines and facilities, within this dili-gence period. ACWWA expended a totalof $19,560,849 for the design and con-struction of the JWPP. B. Well Drilling: InMarch 2009, CWSD re-drilled DiamondOver D Well No. 1, which is decreed asone of the upper points of diversion underthe subject exchange herein. C. Integ-rated Water and WW System: CWSD op-erates an integrated municipal water sup-ply and wastewater system within themeaning of C.R.S. § 37-92-301(4)(b),such that work on any feature of CWSD’sintegrated system shall be considered infinding that reasonable diligence has beenshown in the development of any and allwater rights for that entire system. SinceMay 2006, CWSD has made the followingexpenditures on its integrated water sys-tem. Approximately $795,000 for construc-tion of and improvement to alluvial wells.An average of $15,000/year for participa-tion in the Upper Cherry Creek Water Au-thority. $97,783 for contributions towardjoint modeling of the Cherry Creek Basin(a total of $116,828 has been authorizedby the CWSD Board, including the new C-CAMP 2.0 contract). D. King’s PointeSouth: CWSD is negotiating an agree-ment with Aurora, pursuant to whichCWSD would provide temporary (up to 10years or more) water service to serve adevelopment within Aurora known asKing’s Pointe South. The proposal undernegotiation is for Aurora to provide rawwater supplies to CWSD under the UC-CWA regional augmentation plan, to bewithdrawn through CWSD’s Cherry Creekalluvial wells. Then, CWSD will treat thewater supplies at the JWPP and delivertreated water to Aurora to serve King’sPointe South. The subject exchange maybe used as part of this agreement. E. Con-tract for Water Deliveries: CWSD is nego-tiating a second agreement with Aurora,pursuant to which CWSD may purchaseup to 140 acre-feet per year of reusablereturn flows owned by Aurora, which aredischarged to the South Platte River fromthe Metro Plant. Then, CWSD would ex-change the return flows under the subjectexchange for withdrawal from CWSD’sCherry Creek alluvial wells. F. On March10, 2010, Members CWSD and ACWWAfiled in Case No. 01CW284, Water Divi-sion 1 a notice of acquisition of additionalwater sources to be used in UCCWA’splan for augmentation and appropriativerights of exchange. G. ACWWA filedstatements of opposition and litigatedCase Nos. 01CW285, 01CW286 and01CW287 in Water Division 1. In this litig-ation, ACWWA was successful in arguingthat the priorities of the claimed waterrights were junior to UCCWA’s storageand exchange priorit ies decreed in01CW284, thereby protecting UCCWA’sability to store and exchange the subjectconditional water rights. H. ChambersReservoir: During the subject diligenceperiod, ACWWA completed ChambersReservoir, which has a capacity of approx-imately 1,400 acre-feet. ACWWA ob-tained the State Engineer’s approval to fillthe Chambers Reservoir by pumpingsome of its alluvial wells that are includedin the 01CW284 augmentation plan. The01CW284 augmentation plan will providereplacement water for the well depletions,including operation of the subject ex-change. This reservoir operation will in-crease the demand for ACWWA to oper-ate the subject exchange. Additionally, re-leases from Chambers Reservoir are asource of augmentation water and may beexchanged to the upstream point ofACWWA’s depletions pursuant to the sub-ject exchange. The Chambers Reservoirclaim was added to ACWWA’s Case No.96CW1144 pursuant to the First AmendedApplication filed in December of 2010. I.ACWWA Flow Project: In 2009 ACWWAcontracted with United Water and Sanita-tion District and ECCV to develop theACWWA Flow Project. This project whenfully developed will acquire, treat and de-liver 4,400 acre feet of annual averageyield water rights from ditch systems in theSouth Platte Basin to ECCV Water Treat-ment Plant for treatment, then to ACWWAfor use. This water will be used forACWWA’s customers and its return flowswill be used in ACWWA’s augmentationplan which will use ACWWA’s alluvialwells to supply ACWWA additional pot-able and non-potable water supplies.ACWWA has numerous wells that are lis-ted as exchange points in 01CW284. Wa-ter which is exchanged up to ACWWA’salluvial wells can be stored in ChambersReservoir for use. Therefore, the develop-ment of the ACWWA Flow Project in-creases and supports ACWWA’s ability touse the subject exchange. Costs for theACWWA Flow Project are approximately$132,000,000 for the following: Acquisi-tion of Water Rights and System, Pipelineand Well Field Easements, Capacity in theECCV Northern Line, Capacity in the EC-CV Deep Injection Well, Capacity in theECCV Water Treatment Plant, Capacity inthe ECCV Pumpstation, Interconnect linebe tween ECCV and ACWWA. J .ACWWA’s 2010 Draft Integrated MasterPlan: During this di l igence period,ACWWA expended approx imate ly$349,000 for the initial development of itsMaster Plan. Starting in 2010, ACWWAdeveloped a p lan that in tegratedACWWA’s potable, non-potable andwastewater systems. This plan fully relieson ACWWA’s alluvial water rights (includ-ing numerous wells that are listed as ex-change points in 01CW284) and the aug-mentation of the use of those wells whennot in priority to ensure ACWWA has anefficient system. Therefore; the develop-ment of this planning document increasesand supports ACWWA’s ability to use thesubject exchange. The total cost for theinitial development of the Master Plan is$349,000. 4.5. ECCV: A. Case No.00CW217: The decrees entered in CaseNos. 88CW054(A) and 88CW054(B),which adjudicated lawn irrigation returnflows to be used as augmentation and ex-changes sources, were combined into oneunified decree and were superseded bythe decree entered in Case No. 00CW217on March 23, 2009. B. ECCV’s NorthernWater Supply Project: The Water SupplyProject is designed to provide ECCV witha long-term, sustainable municipal watersupply for its service area located in Ar-apahoe County, Colorado. In order to im-plement the ECCV Water Supply Project,ECCV, United Water and Sanitation Dis-trict, and the Farmers Reservoir & Irriga-tion Company entered into a Water Sup-ply Agreement on December 18, 2003,that was amended in May 2007. The Wa-ter Supply Project is a multi-phase renew-able water supply project. Phase one se-cured approximately 6,000 acre-feet ofwater rights from the South Platte Riverand the construction of a 31-mile pipeline,storage tanks and two pump stations. Thisphase of the Project now delivers renew-able water from the Beebe Draw, wherewater is stored from the South PlatteRiver, and then is sent down through thepipeline to ECCV’s service area. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-menta l Agreement to prov ide forACWWA’s participation with ECCV andUnited in the Water Supply Project. Thereturn flows from the water delivered willbe used in ECCV’s augmentation plan,Case No. 00CW217, which will useECCV’s alluvial wells to supply ECCV withadditional potable and non-potable watersupplies. 4.6. Other: UCCWA and itsMembers reserve the right to identify addi-tional relevant efforts that may be laterdiscovered or to make upward adjust-ments to amounts expended on certainprojects. UCCWA and its Members haveextensive water rights portfolios, extens-ive and complex water supply, collection,treatment and reuse systems, and an ex-tensive number of agreements, contracts,leases, etc. related to such facilities andthe use, reuse and storage of their waterrights. The management, protection, andoperation of the water rights and the facil-ities system involve numerous public de-partments and staff members throughoutthe state. UCCWA and its Members madediligent efforts with regard to this applica-tion to determine and quantify all effortsmade by UCCWA and its Members to-ward completion of the appropriations andapplication of the water rights decreed inCase No. 01CW284 to beneficial use.However, it is reasonably possible that rel-evant efforts or expenditures may havebeen overlooked or need further upwardadjustment. 5. Claim to make absolute:5.1. Name of Water Right: Cherry CreekReservoir Augmentation Pool, as de-scribed in paragraph 2.1 above. A. Date ofapplication to beneficial use: September12 and 13, 2013. B. Amount: 2,560 acre-feet. C. Type of use: Recreation, piscatori-al and wildlife, augmentation (includingaugmentation of evaporation from CherryCreek Reservoir), and exchange. D. Evid-ence that diversion was made in priority:On September 12 and 13, 2013, MemberCPW stored 2,560 acre-feet pursuant tothe Cherry Creek Reservoir Augmenta-tion Pool Water Right described in para-graph 2.1 above. The accounting forCherry Creek Reservoir during this timedemonstrates that this amount of waterwas diverted into storage in priority. Thecapture and storage of this water in-prior-ity storage provides a basis to make thiswater right absolute for all decreed typesof use. C.R.S. § 37-92-301(4)(e). 6. Nameand address of owner or reputed ownersof the land upon which any new diversionor storage structure, or modification to anyexisting diversion or storage structure is orwill be constructed or upon which water isor will be stored, including any modifica-tion to the existing storage pool: None.WHEREFORE, the Applicants respect-fully request that this Court enter a de-cree: (1) finding that the Applicants haveexercised reasonable diligence in the de-velopment of the above-referenced condi-tional water rights; (2) confirming that theabove-described conditional water rightsare part of an integrated water system andthat due diligence as to any one compon-ent constitutes due diligence on all partsof such system; (3) awarding the above-described absolute water right for theCherry Creek Reservoir AugmentationPool storage right described above; (4)continuing the remaining conditional wa-ter rights in full force as decreed, and forsuch other and further relief as this Courtdeems just and proper. (22 pages; includ-ing Appendix 1 – UCCWA Member Wellsand UCCWA Location Map)
Misc. Private Legals
Cottonwood Water and Sanitation District;and East Cherry Creek Valley Water andSanitation District, in the South PlatteRiver and Its Tributaries Including CherryCreek, in Adams, Arapahoe, Denver,Douglas and Jefferson Counties, c/o Attor-neys John M. Dingess, Esq., and Peter C.Johnson, Esq., Duncan, Ostrander & Din-gess, P.C., 3600 S. Yosemite Street, Suite500, Denver, Colorado 80237-1829, 303-779-0200. APPLICATION TO MAKECONDITIONAL WATER RIGHT ABSO-LUTE, FOR A FINDING OF REASON-ABLE DILIGENCE AND TO CONTINUECONDITIONAL WATER RIGHTS INA D A M S , A R A P A H O E , D E N V E R ,D O U G L A S A N D J E F F E R S O NCOUNTIES. Applicants Upper CherryCreek Water Association and its memberentities, by and through the undersignedcounsel, hereby submit the following ap-plication to make a portion of their condi-tional water rights absolute, for finding ofreasonable diligence and to continue theirconditional water rights. 1. Name, ad-dress and telephone number of Applicant:The Upper Cherry Creek Water Associ-ation consists of the following Members:1.1. Arapahoe County Water andWastewater Authority (“ACWWA”), 13031East Caley Avenue, Englewood, Color-ado 80111, Telephone: 303.790.4830;1.2. City of Aurora, Colorado, a municipalcorporation of the Counties of Adams, Ar-apahoe and Douglas, acting by andthrough its Utility Enterprise (“Aurora”),15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012, Tele-phone: 303.739.7030; 1.3. Colorado Divi-sion of Parks and Wildlife (“CPW”), 6060Broadway, Denver, CO 80216, Tele-phone: 303.291.7261; 1.4. CottonwoodWater and Sanitation District (“CWSD”), 2Inverness Drive East, Englewood, Color-ado 80112, Telephone: 303.792.9509,1.5. East Cherry Creek Valley Water andSanitation District (“ECCV”), 6201 SouthGun Club Road, Aurora, Colorado 80015,Telephone: 303.693.3800, 1.6. UpperCherry Creek Water Association (“UC-CWA”): For the purposes of this case,ACWWA, Aurora, CPW, CWSD, and EC-CV are acting together as Members of theUpper Cherry Creek Water Associationestablished by the Establishing Contractdated December 17, 2001. ACWWA, Au-rora, CPW, CWSD, and ECCV are collect-ively referred to as “UCCWA” or “Applic-ant” and individually referred to as “Mem-bers.” 2. Description of conditional waterrights: The water rights which are thesubject of this application involve one con-ditional water storage right and one condi-tional appropriative right of exchange withseveral exchange-to and exchange-frompoints. 2.1 Description of Conditional Wa-ter Storage Right: A. Previous Decree:The original decree was entered in CaseNo. 01CW284, District Court, Water Divi-sion No. 1 on December 4, 2007 (the“01CW284 Decree”). B. Cherry CreekReservoir Augmentation Pool: In CaseNo. 01CW284, Member CPW was gran-ted a conditional water storage right with-in the existing storage capacity of CherryCreek Reservoir. CPW was also grantedthe right to fully consume water stored un-der this right. The details of this right areas follows: 1. Location: This right will bestored within the existing storage capacityof Cherry Creek Reservoir, which is an on-channel reservoir located in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, and 24, T5S,R67W, 6th P.M.; Sections 31 and 32, T4S,R66W, 6th P.M.; and Sections 7, 18 and19, T5S, R66W, 6th P.M., all in ArapahoeCounty, Colorado. The initial point of sur-vey of the high water line of the reservoiris located at a point whence the Southw-est Corner of Section 34, T4S, R67W, 6thP.M. bears North 54°54’ West a distanceof 5,856.8 feet. The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.2. Source of Water: Surface water inCherry Creek, tributary to the South PlatteRiver. 3. Date of Appropriation: July 27,2001. 4. Amount of Appropriation: 12,805acre-feet, Conditional, with the right to filland refill this right successively as manytimes as the management purposes of the01CW284 Decree allow. 5. Uses: Recre-ation, piscatorial and wildlife, augmenta-tion (including augmentation of evapora-tion from Cherry Creek Reservoir), andexchange. 2.2 Description of ConditionalAppropriative Right of Exchange: A. Previ-ous Decree: The 01CW284 Decree, asdescribed in paragraph 2.1(A) above. B.Points of diversion or “exchange-to”points: 1. ACWWA surface diversionstructures: a) Cottonwood Diversion Struc-ture No. 1: (1) Location: In the SE1/4 ofthe NE1/4 of Section 23, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 50 feet from the EastSection line and 1,450 feet from the NorthSection line of said Section 23. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. b) Lone Tree Surface Di-version: (1) Location: In the SW1/4 of theNE1/4 of Section 24, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 2,250 feet from theEast Section line and 2,200 feet from theNorth Section line of said Section 24. (2)Original Decree: Case No. 90CW201 for2.67 cfs, conditional, with an appropri-ation date of April 23, 1990. c) WindmillDiversion Structure No. 1: (1) Location: Inthe SW1/4 of the SW1/4 of Section 30,T5S, R66W, 6th P.M., Arapahoe County,Colorado, at a point approximately 1,300feet from the East Section line and 100feet from the South Section line of saidSection 30. (2) Original Decree: Case No.90CW201 for 2.67 cfs, conditional, with anappropriation date of April 23, 1990. d)Windmill Diversion Structure No. 2: (1)Location: In the SE1/4 of the NW1/4 ofSection 30, T5S, R66W, 6th P.M., Ar-apahoe County, Colorado, at a point ap-proximately 1,850 feet from the East Sec-tion line and 2,100 feet from the NorthSection line of said Section 30. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. 2. Cherry Creek Reser-voir, more fully described in Paragraph2.1(B) above. 3. In addition to the specificupstream points of diversion (or “ex-change-to” points) described above, ex-changes may be made directly to Mem-bers' wells (listed in Appendix 1 attachedto the Application) that are located within100 feet of the stream or to the point onCherry Creek where pumping depletes thestream, but no further upstream than thelocation of the U.S. Geological Surveystream gage below the Town of Parker,Colorado, which is located on CherryCreek in the SE1/4 of the NW1/4 of theNE1/4 of Section 21, T6S, R66W, 6thP.M., Douglas County, Colorado, on theright bank 200 feet upstream from MainStreet, 1,100 feet downstream from themouth of Sulphur Gulch, and 0.8 milesWest of the Town of Parker, Colorado.The approximate latitude of this point is39°31’09” North and the approximate lon-gitude is 104°46’45” West. C. Points ofsubstitute supply, or “exchange-from”points: 1. Confluence of Sand Creek andthe South Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, of the6th P.M., Adams County, Colorado. 2.Confluence of Cherry Creek and theSouth Platte River: This point is located onthe South Platte River in the NE1/4 of theNW1/4 of Section 33, T3S, R68W, 6thP.M, Denver County, Colorado. 3. TheOutfall of the Metro Wastewater Reclama-tion District: The outfall is located on theSouth Platte River in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, 6th P.M.,Adams County, Colorado. 4. GardenerDitch Headgate on the South Platte River:The decreed location is a point on theWest bank of the South Platte River ap-proximately 2° South, 15’ West, 2,167 feetfrom the corner of Sections 1, 2, 11 and12 of T3S, R68W, 6th P.M., AdamsCounty, Colorado. The point of diversionhas been relocated approximately onehalf mile further upstream on the SouthPlatte River. 5. Cherry Creek ReservoirOutlet Works: The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.D. Sources of substitute supply: WaterDeliverable to the Confluence of SandCreek and the South Platte River and theoutfall of the Metro Wastewater Reclama-tion District Treatment Plant: a) Water de-liverable to the Aurora Sand CreekWastewater Treatment Plant Outfall andwater deliverable to the Metro Wastewa-ter Reclamation District Outfall from re-usable sources owned by Aurora includ-ing trans-basin and fully consumptive usewaters, a portion of which is reusable non-tributary groundwater derived from ECCVsources, as more specifically described inthe 01CW284 Decree. b) Future Replace-ment Sources: Upon approval of the Divi-sion Engineer for Water Division 1, othertransbasin sources, fully consumable in-basin water rights that are available formunicipal use, and decreed nontributarysources that Aurora adjudicates, buys,leases or otherwise acquires in the future.c) Contract Eff luent or ReclaimedWastewater: Contract effluent or re-claimed wastewater in excess of Aurora’sexisting lease commitments for fully con-sumptive use water deliverable to theMetro Wastewater Reclamation Districtoutfall available to Aurora pursuant to itssewage transmission agreement with EC-CV dated May 15, 1976. d) AdditionalContract Effluent or Reclaimed Wastewa-ter: Additional contract effluent or re-claimed wastewater not subordinate toAurora’s use thereof for exchange and/oraugmentation purposes as provided inCase Nos. 86CW340, 89CW214 and89CW215, and 99CW158, and not subor-dinate to Aurora’s lease commitments forfully consumptive use water deliverable tothe outfall of the Metro Wastewater Re-clamation District and/or Sand CreekWastewater Treatment Plant existing onthe date of entry of this Decree. 2. Waterthat will be delivered to the confluence ofCherry Creek and the South Platte River.a) Member CPW’s Deer Creek Rights, asdecreed in Case No. Case No. 1678, Dis-tr ict Court, Park County, and sub-sequen t l y changed i n Case No .84CW566, Water Division 1, as more fullydescribed in paragraph 28.2 of the01CW284 Decree. b) Aurora’s reusablewater stored in Strontia Springs Reservoir.3. Water that will be delivered to theGardener Ditch headgate: CPW’s Garden-er Ditch Rights, as decreed in Case No.37275, District Court, City and County ofDenver, for which a change is pending inCase No. 98CW462, Water Division 1,and which is more fully described in para-graph 28.3 of the 01CW284 Decree. 4.Water that will be released from theCherry Creek Reservoir AugmentationPool: as more fully described in Para-graph 2.1(B) above and in the 01CW284Decree. E. Exchange Appropriation In-formation: 1. Date of Appropriation: June25, 1996. 2. Amount: 70.3 cfs, condition-al; 29.7 cfs, absolute. a) Note: In the01CW284 Decree, UCCWA was awardedan absolute water right in the amount of29.7 cfs for the above-described ex-change. This application for a finding ofreasonable diligence applies only to the70.3 cfs amount of this exchange whichremains conditional. 3. Decreed Uses: Allbeneficial uses presently decreed orclaimed for the structures described in Ap-pendix 1 attached hereto, inclusive, andthe conditional storage water right for theCherry Creek Reservoir AugmentationPool granted to CPW in the 01CW284 De-cree, including aesthetic, augmentation,commercial, domestic, fire protection, fishand wildlife propagation, industrial, irriga-tion, municipal, recreational, and storage.3. Integrated Water Supply System: Theconditionally decreed water rights de-scribed above each constitute a feature ofan integrated water system. “When aproject or integrated system is comprisedof several features, work on one feature ofthe project or system shall be consideredin finding that reasonable diligence hasbeen shown in the development of waterrights for all features of the entire projector system.” C.R.S. § 37-92-301(4)(b). 4.Detailed outline of what has been done to-ward completion or for completion of theappropriation and application of water to abeneficial use as conditionally decreed, in-cluding expenditures, during the previousdiligence period: During this diligence peri-od, Applicant and its members undertookthe following work in furtherance of theseconditional water rights, including the fol-lowing: 4.1. UCCWA: A. UCCWA has act-ively protected the subject conditional wa-ter rights from potential injury by perform-ing monthly reviews of the Water Division1 water court resume to determine wheth-er the filing of Statements of Oppositionwas necessary to protect its water rights inWater Division 1, including these condi-tional water rights. UCCWA has filedstatements of opposition in several casesto protect its water rights during this dili-gence period. Additionally, UCCWA’scounsel has continued to participate inpending legal actions to protect these con-ditional water rights during this diligenceperiod. During the subject diligence peri-od, UCCWA expended approximately$72,844 on legal expenses and $22,479on engineering expenses for the afore-mentioned protection of these conditionalwater rights. B. UCCWA has engaged insystem-wide diligence activities in order tomore efficiently manage its water re-sources, thus increasing the opportunity tostore additional amounts of water underthe subject conditional water storage rightand to exchange additional amounts ofwater under the subject conditional appro-priative right of exchange. This work in-cludes engineering analyses and legalconsultation regarding the operation ofUCCWA’s water resources. UCCWA hasalso performed periodic updates to the“Gain Equation” as required by the de-cree in Case No. 01CW284. During thisdiligence period, UCCWA has expendedapproximately $9,867 on legal expensesand $40,450 on engineering expenses forthese system-wide diligence activities. 4.2.Aurora: During this diligence period, Au-rora performed work on other parts of itsintegrated water supply system that iseither necessary for the successful opera-tion of the subject water rights or in fur-therance of those rights, including the fol-lowing: A. South Platte River Basin: 1.Prairie Waters Project: During this dili-gence period, Aurora has expended$545,852,000 on the construction of sev-eral elements of its Prairie Waters Project.This work will make additional Aurora wa-ter available at the outfall of the MetroWastewater Treatment Plant. 2. Construc-tion of Northern Treatment Plant: Aurorais a member of the Metro Wastewater Re-clamation District (“Metro”). Metro is cur-rently constructing its Northern TreatmentPlant, which is projected to be operationalby 2016. Once this treatment plant is op-erational, entities that previously treatedtheir wastewater at the Robert W. HiteTreatment Facility will treat some of theireffluent at the new Northern TreatmentPlant, thus freeing up capacity in theRobert W. Hite Treatment Facility for addi-tional amounts of effluent, which may beexchanged upstream to the exchange-topoints described herein. 3. Sand CreekWater Reuse Plant: Aurora operates this5-million-gallon per day facility to providetreated water for irrigation throughout theCity. During this diligence period, Auroraexpended approximately $3,023,000 onimprovements and expansion of this facil-ity. This work is necessary for reuse with-in the South Platte River Basin of the wa-ter that is the subject of the exchangeherein. 4. Reuse of Lawn Irrigation ReturnFlows: During this diligence period, Au-rora prosecuted Case No. 02CW341, Wa-ter Division 1, under which return flowsfrom lawn irrigation use of the water fromthe subject exchange are quantified to fa-cilitate future reuse of this water. A de-cree was entered in this case in Decem-ber of 2008. Aurora also performed stud-ies of LIRFs throughout Aurora that in-cluded various analyses conducted to de-termine the amount, timing, and locationof LIRFs within several drainage basinswithin Aurora’s service area, includingSand Creek. 5. Reuse Water SystemMaster Plan: In December 2008, Auroracompleted its Reuse Water System Mas-ter Plan. The goal of this study was to ex-plore options for optimization of Aurora’sreuse water system, and to develop a cap-ital improvement program outlining expan-sion of the reuse water system in severalphases. This reusable water includes sev-eral sources of substitute supply for thesubject exchange. 6. South Platte Ex-change: On September 22, 2013, Auroraobtained a decree in Case No. 08CW253,Water Division 1, granting a finding ofreasonable diligence and making abso-lute portions of conditional exchangerights. These water rights allow Aurora toexchange its reusable water from the con-fluence of Tarryall Creek and the SouthPlatte River to Spinney Mountain Reser-voir, where it can be released as a sourceof substitute supply for the subject ex-change. 7. Griswold Water TreatmentPlant Renovations: This facility treats aportion of the raw water before it is de-livered to Aurora’s customers. Approxim-ately $1,255,000 was spent by Aurora dur-ing this diligence period for improvementsto this facility. 8. Wemlinger Water Treat-ment Plant Expansion: During this dili-gence period, Aurora spent approximately$1,768,000 on expansion of the Wem-linger Water Treatment Plant. This facilitytreats a portion of the raw water that is areplacement source herein before it is de-livered to Aurora’s customers. 9. Auto-mated Meter Reading System: Auroraspent approximately $4,377,000 duringthis diligence period for conversion of itsmanual utility reading system to a fullyautomated system. 10. Study of Aurora’sWater Needs: During this diligence peri-od, Aurora spent more than $1,563,000toward engineering and planning studiesto assist in determining the City’s futurewater needs and a plan to meet thoseneeds. 11. Aurora Raw Water SystemModel: During this diligence period, Au-rora spent more than $602,000 on con-sultant fees to develop a computer modelof Aurora’s raw water system. B. Arkan-s a s R i v e r B a s i n : 1 . C a s e N o .2006CW101: During this diligence period,Aurora obtained a decree in Case No.2006CW101, Water Division 2, therebymaking absolute certain conditional ex-changes of water in the Arkansas RiverBasin upstream to the Otero Pipeline forconveyance to Aurora’s storages and di-version facilities within the South PlatteRiver Basin. Once in the South PlatteRiver Basin, these Arkansas River waterrights are reusable sources for the sub-ject exchange. The decree in this casewas granted on June 8, 2009. 2. CaseNo. 2001CW145: Aurora completed nego-tiations with opposers and adjudication ofseveral appropriative rights of exchange inthe Arkansas River Basin, which will in-crease Aurora’s ability to exchange waterfrom the Arkansas River Basin upstreamto the Otero Pipeline for conveyance toAurora’s storages and diversion facilitieswithin the South Platte River Basin. Oncein the South Platte River Basin, theseArkansas River water rights are reusablesources for the exchange herein. The de-cree in this case was granted on October30, 2012. 3. Payment for purchase andlease of Rocky Ford Ditch shares: Duringthis diligence period, Aurora spent approx-imately $5,763,338 for repayment ofbonds, including principal and interest,that were issued or refunded for the pur-chase of original Rocky Ford Ditch shareschanged in Case No. 83CW18, that are areusable source for the subject exchange.4. Payments to Rocky Ford School Dis-trict R-2: Aurora and the Rocky FordSchool District R-2 entered into an Inter-governmental Agreement on February 7,2005 under which Aurora agreed to makeannual payments to the School Districtconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made a total of $900,000 in annu-al payments. 5. Revegetation: During thisdiligence period, 100% completion of therevegetation of formerly irrigated lands re-quired under the decree in Case No.83CW18 and subsequent orders wasachieved. This allows for the transfer andeventual use by Aurora of Rocky FordDitch water that is a reusable source forthe subject exchange. Weed control ofthe revegetated lands is continuing. Dur-ing this diligence period, Aurora has madeexpenditures for expert revegetation clas-sifications and reports, actual revegeta-tion and weed control costs, as well asfarm equipment purchases, office over-head and personnel costs. 6. Payments toOtero County: Aurora and Otero Countyentered into an Intergovernmental Agree-ment on February 22, 1994, and amendedthat Agreement on October 29, 2001 un-der which Amendment Aurora agreed tomake annual payments to Otero Countyconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made payments of approximately$184,867. 7. Pueblo Reservoir Storage:During this diligence period, Aurora paidthe Bureau of Reclamation more than$3,072,630 for use of Pueblo Reservoir inthe storage and exchange of ArkansasRiver Basin water upstream for transportand use by Aurora in the South PlatteBasin. 8. Intergovernmental Agreementwith SECWCD: On October 3, 2003, Au-rora entered into an IntergovernmentalAgreement with the Southeastern Color-ado Water Conservancy District (“SECW-CD”), replacing an agreement betweenthe parties dated December 7, 2001. Au-rora’s use of Fryingpan-Arkansas facilitiesfor certain water rights is discussed underthis IGA. During this diligence period, Au-rora made payments of approximately$2,240,394 to SECWCD under this IGA.9. Agreements for Use of the HolbrookSystem Facilities: On March 1, 2005, Au-rora entered into two agreements pertain-ing to the use of the diversion, convey-ance and storage facilities of the Hol-brook Mutual Irrigating Company (“Hol-brook”). These agreements implement aprogram to recapture and store yield fromforegone diversions of senior water rights.Aurora completed structural modificationsto the Holbrook system facilities and hasfiled a Substitute Water Supply Plan ne-cessary to implement the program. Fur-ther, Aurora initiated a study to examineenlargement of the Holbrook Reservoir tofurther facilitate operations. During this di-ligence period, Aurora made payments ofapproximately $166,815 to Holbrook un-der this agreement. 10. Gravel Pit Stor-age: Aurora is pursuing gravel pit storageoptions on the Arkansas River down-stream from Pueblo Reservoir to allowstorage of its water rights for eventual ex-change to Pueblo Reservoir. These storedrights will facilitate Aurora’s ArkansasRiver Basin operation, including deliveryof the reusable water for the subject ex-change. During this diligence period, Au-rora spent approximately $67,000 towardthis effort. 11. Homestake Diversion Chan-nel: Work was done on the Homestake Di-version Channel to reduce erosion, includ-ing riprap and installation of a new road-way culvert. Once water is transportedover the continental divide through theOtero Pump Station and HomestakePipeline, it is then transported by theHomestake Diversion Channel to SpinneyMountain Reservoir in the South PlatteBasin. During this diligence period, Au-rora spent approximately $132,769 to-ward this effort. C. Colorado River Basin:1. During this diligence period, Aurora andthe City of Colorado Springs negotiatedwith Objectors in Case No. 95CW272(A),District Court, Water Division 5, andentered into Stipulations with many of theObjectors in that case, which adjudicatedchanges of water rights and augmenta-tion plans and exchanges involving theHomestake water rights. A decree wasgranted in this matter on March 16, 2011.2. During this diligence period, Aurora pro-secuted Case No. 2009CW17, Water Divi-sion 5. On October 10, 2010, the Division5 Water Court entered a decree confirm-ing diligence and continuing in effect theconditional water rights originally decreedin Case No. 98CW270, which comprisepart of the Homestake Project. 3. On June21, 2004, the City of Aurora entered intoan additional Water Exchange Agreementwith the Eagle Park Reservoir Company,the Colorado River Water ConservationDistrict, the Eagle River Water and Sanita-tion District, the Upper Eagle RegionalWater Authority, and Vail Associates, Inc.to supplement a 1998 Water ExchangeAgreement. This agreement affects oper-ations of the Homestake water rights anddeliveries of reusable water to Aurora foruse in the subject exchange. On January5, 2010, the City of Aurora entered into aConsolidated Water Exchange Agree-ment to supplement and merge and con-solidate the 1998 and 2004 Agreements.4. During this diligence period, Aurora hasnegotiated and recently executed a Re-covery Action Plan Participation Agree-ment with the Northern Colorado WaterConservancy District, and a Ruedi Insur-ance Water Cost Participation Agreementwith the City and County of Denver. Thepurpose of these agreements is to mitig-ate the impacts of transmountain diver-sions to Colorado’s front range in order tosupport the Recovery Implementation Pro-gram for Endangered Fish Species in theUpper Colorado River Basin. D. Protec-tion Efforts: During this diligence period,Aurora made expenditures for legal ser-vices for participation in Water Divisions 1,2 and 5 cases to protect the rights and in-terests of Aurora with regard to its watersupply system, including the subject ex-change. 4.3 CPW: A. Member CPW,through the Office of the Colorado Attor-ney General, continues to prosecute CaseNo. 98CW462, Water Division 1, in whichit is requesting a change of the GardenerDitch water right that will allow the waterright to be used as a source of substitutesupply for the subject exchange. CPWhas paid an expert consultant approxim-ately $29,000 for work on 98CW462, in-cluding site visits, meetings with variousopposers and administration officials, andconsultation with CPW. 4.4 ACWWA andCWSD: A. Joint Water Purification Plant:During this diligence period, CWSD andACWWA participated in the design, con-struction and opening of the Joint WaterPurification Plant (the “JWPP”), a watertreatment facility which is co-owned byACWWA, CWSD, and the ArapahoeCounty Water and Wastewater Public Im-provement District and is operated byACWWA. The JWPP was constructedspecifically to fully use and reuse the allu-vial water rights of ACWWA and CWSD.Nine of CWSD’s alluvial wells and severalof ACWWA’s alluvial wells are specificallylisted as exchange to points under the de-cree in 01CW284. Water which is ex-changed up to the alluvial wells ofACWWA and CWSD will typically betreated at the JWPP before delivery tocustomers. Therefore, building the JWPPincreases and supports the ability ofACWWA and CWSD to use the subjectexchange. CWSD expended approxim-ately $9,889,000 on the design and con-struction of the JWPP and relatedpipelines and facilities, within this dili-gence period. ACWWA expended a totalof $19,560,849 for the design and con-struction of the JWPP. B. Well Drilling: InMarch 2009, CWSD re-drilled DiamondOver D Well No. 1, which is decreed asone of the upper points of diversion underthe subject exchange herein. C. Integ-rated Water and WW System: CWSD op-erates an integrated municipal water sup-ply and wastewater system within themeaning of C.R.S. § 37-92-301(4)(b),such that work on any feature of CWSD’sintegrated system shall be considered infinding that reasonable diligence has beenshown in the development of any and allwater rights for that entire system. SinceMay 2006, CWSD has made the followingexpenditures on its integrated water sys-tem. Approximately $795,000 for construc-tion of and improvement to alluvial wells.An average of $15,000/year for participa-tion in the Upper Cherry Creek Water Au-thority. $97,783 for contributions towardjoint modeling of the Cherry Creek Basin(a total of $116,828 has been authorizedby the CWSD Board, including the new C-CAMP 2.0 contract). D. King’s PointeSouth: CWSD is negotiating an agree-ment with Aurora, pursuant to whichCWSD would provide temporary (up to 10years or more) water service to serve adevelopment within Aurora known asKing’s Pointe South. The proposal undernegotiation is for Aurora to provide rawwater supplies to CWSD under the UC-CWA regional augmentation plan, to bewithdrawn through CWSD’s Cherry Creekalluvial wells. Then, CWSD will treat thewater supplies at the JWPP and delivertreated water to Aurora to serve King’sPointe South. The subject exchange maybe used as part of this agreement. E. Con-tract for Water Deliveries: CWSD is nego-tiating a second agreement with Aurora,pursuant to which CWSD may purchaseup to 140 acre-feet per year of reusablereturn flows owned by Aurora, which aredischarged to the South Platte River fromthe Metro Plant. Then, CWSD would ex-change the return flows under the subjectexchange for withdrawal from CWSD’sCherry Creek alluvial wells. F. On March10, 2010, Members CWSD and ACWWAfiled in Case No. 01CW284, Water Divi-sion 1 a notice of acquisition of additionalwater sources to be used in UCCWA’splan for augmentation and appropriativerights of exchange. G. ACWWA filedstatements of opposition and litigatedCase Nos. 01CW285, 01CW286 and01CW287 in Water Division 1. In this litig-ation, ACWWA was successful in arguingthat the priorities of the claimed waterrights were junior to UCCWA’s storageand exchange priorit ies decreed in01CW284, thereby protecting UCCWA’sability to store and exchange the subjectconditional water rights. H. ChambersReservoir: During the subject diligenceperiod, ACWWA completed ChambersReservoir, which has a capacity of approx-imately 1,400 acre-feet. ACWWA ob-tained the State Engineer’s approval to fillthe Chambers Reservoir by pumpingsome of its alluvial wells that are includedin the 01CW284 augmentation plan. The01CW284 augmentation plan will providereplacement water for the well depletions,including operation of the subject ex-change. This reservoir operation will in-crease the demand for ACWWA to oper-ate the subject exchange. Additionally, re-leases from Chambers Reservoir are asource of augmentation water and may beexchanged to the upstream point ofACWWA’s depletions pursuant to the sub-ject exchange. The Chambers Reservoirclaim was added to ACWWA’s Case No.96CW1144 pursuant to the First AmendedApplication filed in December of 2010. I.ACWWA Flow Project: In 2009 ACWWAcontracted with United Water and Sanita-tion District and ECCV to develop theACWWA Flow Project. This project whenfully developed will acquire, treat and de-liver 4,400 acre feet of annual averageyield water rights from ditch systems in theSouth Platte Basin to ECCV Water Treat-ment Plant for treatment, then to ACWWAfor use. This water will be used forACWWA’s customers and its return flowswill be used in ACWWA’s augmentationplan which will use ACWWA’s alluvialwells to supply ACWWA additional pot-able and non-potable water supplies.ACWWA has numerous wells that are lis-ted as exchange points in 01CW284. Wa-ter which is exchanged up to ACWWA’salluvial wells can be stored in ChambersReservoir for use. Therefore, the develop-ment of the ACWWA Flow Project in-creases and supports ACWWA’s ability touse the subject exchange. Costs for theACWWA Flow Project are approximately$132,000,000 for the following: Acquisi-tion of Water Rights and System, Pipelineand Well Field Easements, Capacity in theECCV Northern Line, Capacity in the EC-CV Deep Injection Well, Capacity in theECCV Water Treatment Plant, Capacity inthe ECCV Pumpstation, Interconnect linebe tween ECCV and ACWWA. J .ACWWA’s 2010 Draft Integrated MasterPlan: During this di l igence period,ACWWA expended approx imate ly$349,000 for the initial development of itsMaster Plan. Starting in 2010, ACWWAdeveloped a p lan that in tegratedACWWA’s potable, non-potable andwastewater systems. This plan fully relieson ACWWA’s alluvial water rights (includ-ing numerous wells that are listed as ex-change points in 01CW284) and the aug-mentation of the use of those wells whennot in priority to ensure ACWWA has anefficient system. Therefore; the develop-ment of this planning document increasesand supports ACWWA’s ability to use thesubject exchange. The total cost for theinitial development of the Master Plan is$349,000. 4.5. ECCV: A. Case No.00CW217: The decrees entered in CaseNos. 88CW054(A) and 88CW054(B),which adjudicated lawn irrigation returnflows to be used as augmentation and ex-changes sources, were combined into oneunified decree and were superseded bythe decree entered in Case No. 00CW217on March 23, 2009. B. ECCV’s NorthernWater Supply Project: The Water SupplyProject is designed to provide ECCV witha long-term, sustainable municipal watersupply for its service area located in Ar-apahoe County, Colorado. In order to im-plement the ECCV Water Supply Project,ECCV, United Water and Sanitation Dis-trict, and the Farmers Reservoir & Irriga-tion Company entered into a Water Sup-ply Agreement on December 18, 2003,that was amended in May 2007. The Wa-ter Supply Project is a multi-phase renew-able water supply project. Phase one se-cured approximately 6,000 acre-feet ofwater rights from the South Platte Riverand the construction of a 31-mile pipeline,storage tanks and two pump stations. Thisphase of the Project now delivers renew-able water from the Beebe Draw, wherewater is stored from the South PlatteRiver, and then is sent down through thepipeline to ECCV’s service area. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-menta l Agreement to prov ide forACWWA’s participation with ECCV andUnited in the Water Supply Project. Thereturn flows from the water delivered willbe used in ECCV’s augmentation plan,Case No. 00CW217, which will useECCV’s alluvial wells to supply ECCV withadditional potable and non-potable watersupplies. 4.6. Other: UCCWA and itsMembers reserve the right to identify addi-tional relevant efforts that may be laterdiscovered or to make upward adjust-ments to amounts expended on certainprojects. UCCWA and its Members haveextensive water rights portfolios, extens-ive and complex water supply, collection,treatment and reuse systems, and an ex-tensive number of agreements, contracts,leases, etc. related to such facilities andthe use, reuse and storage of their waterrights. The management, protection, andoperation of the water rights and the facil-ities system involve numerous public de-partments and staff members throughoutthe state. UCCWA and its Members madediligent efforts with regard to this applica-tion to determine and quantify all effortsmade by UCCWA and its Members to-ward completion of the appropriations andapplication of the water rights decreed inCase No. 01CW284 to beneficial use.However, it is reasonably possible that rel-evant efforts or expenditures may havebeen overlooked or need further upwardadjustment. 5. Claim to make absolute:5.1. Name of Water Right: Cherry CreekReservoir Augmentation Pool, as de-scribed in paragraph 2.1 above. A. Date ofapplication to beneficial use: September12 and 13, 2013. B. Amount: 2,560 acre-feet. C. Type of use: Recreation, piscatori-al and wildlife, augmentation (includingaugmentation of evaporation from CherryCreek Reservoir), and exchange. D. Evid-ence that diversion was made in priority:On September 12 and 13, 2013, MemberCPW stored 2,560 acre-feet pursuant tothe Cherry Creek Reservoir Augmenta-tion Pool Water Right described in para-graph 2.1 above. The accounting forCherry Creek Reservoir during this timedemonstrates that this amount of waterwas diverted into storage in priority. Thecapture and storage of this water in-prior-ity storage provides a basis to make thiswater right absolute for all decreed typesof use. C.R.S. § 37-92-301(4)(e). 6. Nameand address of owner or reputed ownersof the land upon which any new diversionor storage structure, or modification to anyexisting diversion or storage structure is orwill be constructed or upon which water isor will be stored, including any modifica-tion to the existing storage pool: None.WHEREFORE, the Applicants respect-fully request that this Court enter a de-cree: (1) finding that the Applicants haveexercised reasonable diligence in the de-velopment of the above-referenced condi-tional water rights; (2) confirming that theabove-described conditional water rightsare part of an integrated water system andthat due diligence as to any one compon-ent constitutes due diligence on all partsof such system; (3) awarding the above-described absolute water right for theCherry Creek Reservoir AugmentationPool storage right described above; (4)continuing the remaining conditional wa-ter rights in full force as decreed, and forsuch other and further relief as this Courtdeems just and proper. (22 pages; includ-ing Appendix 1 – UCCWA Member Wellsand UCCWA Location Map)
Misc. Private Legals
Cottonwood Water and Sanitation District;and East Cherry Creek Valley Water andSanitation District, in the South PlatteRiver and Its Tributaries Including CherryCreek, in Adams, Arapahoe, Denver,Douglas and Jefferson Counties, c/o Attor-neys John M. Dingess, Esq., and Peter C.Johnson, Esq., Duncan, Ostrander & Din-gess, P.C., 3600 S. Yosemite Street, Suite500, Denver, Colorado 80237-1829, 303-779-0200. APPLICATION TO MAKECONDITIONAL WATER RIGHT ABSO-LUTE, FOR A FINDING OF REASON-ABLE DILIGENCE AND TO CONTINUECONDITIONAL WATER RIGHTS INA D A M S , A R A P A H O E , D E N V E R ,D O U G L A S A N D J E F F E R S O NCOUNTIES. Applicants Upper CherryCreek Water Association and its memberentities, by and through the undersignedcounsel, hereby submit the following ap-plication to make a portion of their condi-tional water rights absolute, for finding ofreasonable diligence and to continue theirconditional water rights. 1. Name, ad-dress and telephone number of Applicant:The Upper Cherry Creek Water Associ-ation consists of the following Members:1.1. Arapahoe County Water andWastewater Authority (“ACWWA”), 13031East Caley Avenue, Englewood, Color-ado 80111, Telephone: 303.790.4830;1.2. City of Aurora, Colorado, a municipalcorporation of the Counties of Adams, Ar-apahoe and Douglas, acting by andthrough its Utility Enterprise (“Aurora”),15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012, Tele-phone: 303.739.7030; 1.3. Colorado Divi-sion of Parks and Wildlife (“CPW”), 6060Broadway, Denver, CO 80216, Tele-phone: 303.291.7261; 1.4. CottonwoodWater and Sanitation District (“CWSD”), 2Inverness Drive East, Englewood, Color-ado 80112, Telephone: 303.792.9509,1.5. East Cherry Creek Valley Water andSanitation District (“ECCV”), 6201 SouthGun Club Road, Aurora, Colorado 80015,Telephone: 303.693.3800, 1.6. UpperCherry Creek Water Association (“UC-CWA”): For the purposes of this case,ACWWA, Aurora, CPW, CWSD, and EC-CV are acting together as Members of theUpper Cherry Creek Water Associationestablished by the Establishing Contractdated December 17, 2001. ACWWA, Au-rora, CPW, CWSD, and ECCV are collect-ively referred to as “UCCWA” or “Applic-ant” and individually referred to as “Mem-bers.” 2. Description of conditional waterrights: The water rights which are thesubject of this application involve one con-ditional water storage right and one condi-tional appropriative right of exchange withseveral exchange-to and exchange-frompoints. 2.1 Description of Conditional Wa-ter Storage Right: A. Previous Decree:The original decree was entered in CaseNo. 01CW284, District Court, Water Divi-sion No. 1 on December 4, 2007 (the“01CW284 Decree”). B. Cherry CreekReservoir Augmentation Pool: In CaseNo. 01CW284, Member CPW was gran-ted a conditional water storage right with-in the existing storage capacity of CherryCreek Reservoir. CPW was also grantedthe right to fully consume water stored un-der this right. The details of this right areas follows: 1. Location: This right will bestored within the existing storage capacityof Cherry Creek Reservoir, which is an on-channel reservoir located in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, and 24, T5S,R67W, 6th P.M.; Sections 31 and 32, T4S,R66W, 6th P.M.; and Sections 7, 18 and19, T5S, R66W, 6th P.M., all in ArapahoeCounty, Colorado. The initial point of sur-vey of the high water line of the reservoiris located at a point whence the Southw-est Corner of Section 34, T4S, R67W, 6thP.M. bears North 54°54’ West a distanceof 5,856.8 feet. The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.2. Source of Water: Surface water inCherry Creek, tributary to the South PlatteRiver. 3. Date of Appropriation: July 27,2001. 4. Amount of Appropriation: 12,805acre-feet, Conditional, with the right to filland refill this right successively as manytimes as the management purposes of the01CW284 Decree allow. 5. Uses: Recre-ation, piscatorial and wildlife, augmenta-tion (including augmentation of evapora-tion from Cherry Creek Reservoir), andexchange. 2.2 Description of ConditionalAppropriative Right of Exchange: A. Previ-ous Decree: The 01CW284 Decree, asdescribed in paragraph 2.1(A) above. B.Points of diversion or “exchange-to”points: 1. ACWWA surface diversionstructures: a) Cottonwood Diversion Struc-ture No. 1: (1) Location: In the SE1/4 ofthe NE1/4 of Section 23, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 50 feet from the EastSection line and 1,450 feet from the NorthSection line of said Section 23. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. b) Lone Tree Surface Di-version: (1) Location: In the SW1/4 of theNE1/4 of Section 24, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 2,250 feet from theEast Section line and 2,200 feet from theNorth Section line of said Section 24. (2)Original Decree: Case No. 90CW201 for2.67 cfs, conditional, with an appropri-ation date of April 23, 1990. c) WindmillDiversion Structure No. 1: (1) Location: Inthe SW1/4 of the SW1/4 of Section 30,T5S, R66W, 6th P.M., Arapahoe County,Colorado, at a point approximately 1,300feet from the East Section line and 100feet from the South Section line of saidSection 30. (2) Original Decree: Case No.90CW201 for 2.67 cfs, conditional, with anappropriation date of April 23, 1990. d)Windmill Diversion Structure No. 2: (1)Location: In the SE1/4 of the NW1/4 ofSection 30, T5S, R66W, 6th P.M., Ar-apahoe County, Colorado, at a point ap-proximately 1,850 feet from the East Sec-tion line and 2,100 feet from the NorthSection line of said Section 30. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. 2. Cherry Creek Reser-voir, more fully described in Paragraph2.1(B) above. 3. In addition to the specificupstream points of diversion (or “ex-change-to” points) described above, ex-changes may be made directly to Mem-bers' wells (listed in Appendix 1 attachedto the Application) that are located within100 feet of the stream or to the point onCherry Creek where pumping depletes thestream, but no further upstream than thelocation of the U.S. Geological Surveystream gage below the Town of Parker,Colorado, which is located on CherryCreek in the SE1/4 of the NW1/4 of theNE1/4 of Section 21, T6S, R66W, 6thP.M., Douglas County, Colorado, on theright bank 200 feet upstream from MainStreet, 1,100 feet downstream from themouth of Sulphur Gulch, and 0.8 milesWest of the Town of Parker, Colorado.The approximate latitude of this point is39°31’09” North and the approximate lon-gitude is 104°46’45” West. C. Points ofsubstitute supply, or “exchange-from”points: 1. Confluence of Sand Creek andthe South Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, of the6th P.M., Adams County, Colorado. 2.Confluence of Cherry Creek and theSouth Platte River: This point is located onthe South Platte River in the NE1/4 of theNW1/4 of Section 33, T3S, R68W, 6thP.M, Denver County, Colorado. 3. TheOutfall of the Metro Wastewater Reclama-tion District: The outfall is located on theSouth Platte River in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, 6th P.M.,Adams County, Colorado. 4. GardenerDitch Headgate on the South Platte River:The decreed location is a point on theWest bank of the South Platte River ap-proximately 2° South, 15’ West, 2,167 feetfrom the corner of Sections 1, 2, 11 and12 of T3S, R68W, 6th P.M., AdamsCounty, Colorado. The point of diversionhas been relocated approximately onehalf mile further upstream on the SouthPlatte River. 5. Cherry Creek ReservoirOutlet Works: The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.D. Sources of substitute supply: WaterDeliverable to the Confluence of SandCreek and the South Platte River and theoutfall of the Metro Wastewater Reclama-tion District Treatment Plant: a) Water de-liverable to the Aurora Sand CreekWastewater Treatment Plant Outfall andwater deliverable to the Metro Wastewa-ter Reclamation District Outfall from re-usable sources owned by Aurora includ-ing trans-basin and fully consumptive usewaters, a portion of which is reusable non-tributary groundwater derived from ECCVsources, as more specifically described inthe 01CW284 Decree. b) Future Replace-ment Sources: Upon approval of the Divi-sion Engineer for Water Division 1, othertransbasin sources, fully consumable in-basin water rights that are available formunicipal use, and decreed nontributarysources that Aurora adjudicates, buys,leases or otherwise acquires in the future.c) Contract Eff luent or ReclaimedWastewater: Contract effluent or re-claimed wastewater in excess of Aurora’sexisting lease commitments for fully con-sumptive use water deliverable to theMetro Wastewater Reclamation Districtoutfall available to Aurora pursuant to itssewage transmission agreement with EC-CV dated May 15, 1976. d) AdditionalContract Effluent or Reclaimed Wastewa-ter: Additional contract effluent or re-claimed wastewater not subordinate toAurora’s use thereof for exchange and/oraugmentation purposes as provided inCase Nos. 86CW340, 89CW214 and89CW215, and 99CW158, and not subor-dinate to Aurora’s lease commitments forfully consumptive use water deliverable tothe outfall of the Metro Wastewater Re-clamation District and/or Sand CreekWastewater Treatment Plant existing onthe date of entry of this Decree. 2. Waterthat will be delivered to the confluence ofCherry Creek and the South Platte River.a) Member CPW’s Deer Creek Rights, asdecreed in Case No. Case No. 1678, Dis-tr ict Court, Park County, and sub-sequen t l y changed i n Case No .84CW566, Water Division 1, as more fullydescribed in paragraph 28.2 of the01CW284 Decree. b) Aurora’s reusablewater stored in Strontia Springs Reservoir.3. Water that will be delivered to theGardener Ditch headgate: CPW’s Garden-er Ditch Rights, as decreed in Case No.37275, District Court, City and County ofDenver, for which a change is pending inCase No. 98CW462, Water Division 1,and which is more fully described in para-graph 28.3 of the 01CW284 Decree. 4.Water that will be released from theCherry Creek Reservoir AugmentationPool: as more fully described in Para-graph 2.1(B) above and in the 01CW284Decree. E. Exchange Appropriation In-formation: 1. Date of Appropriation: June25, 1996. 2. Amount: 70.3 cfs, condition-al; 29.7 cfs, absolute. a) Note: In the01CW284 Decree, UCCWA was awardedan absolute water right in the amount of29.7 cfs for the above-described ex-change. This application for a finding ofreasonable diligence applies only to the70.3 cfs amount of this exchange whichremains conditional. 3. Decreed Uses: Allbeneficial uses presently decreed orclaimed for the structures described in Ap-pendix 1 attached hereto, inclusive, andthe conditional storage water right for theCherry Creek Reservoir AugmentationPool granted to CPW in the 01CW284 De-cree, including aesthetic, augmentation,commercial, domestic, fire protection, fishand wildlife propagation, industrial, irriga-tion, municipal, recreational, and storage.3. Integrated Water Supply System: Theconditionally decreed water rights de-scribed above each constitute a feature ofan integrated water system. “When aproject or integrated system is comprisedof several features, work on one feature ofthe project or system shall be consideredin finding that reasonable diligence hasbeen shown in the development of waterrights for all features of the entire projector system.” C.R.S. § 37-92-301(4)(b). 4.Detailed outline of what has been done to-ward completion or for completion of theappropriation and application of water to abeneficial use as conditionally decreed, in-cluding expenditures, during the previousdiligence period: During this diligence peri-od, Applicant and its members undertookthe following work in furtherance of theseconditional water rights, including the fol-lowing: 4.1. UCCWA: A. UCCWA has act-ively protected the subject conditional wa-ter rights from potential injury by perform-ing monthly reviews of the Water Division1 water court resume to determine wheth-er the filing of Statements of Oppositionwas necessary to protect its water rights inWater Division 1, including these condi-tional water rights. UCCWA has filedstatements of opposition in several casesto protect its water rights during this dili-gence period. Additionally, UCCWA’scounsel has continued to participate inpending legal actions to protect these con-ditional water rights during this diligenceperiod. During the subject diligence peri-od, UCCWA expended approximately$72,844 on legal expenses and $22,479on engineering expenses for the afore-mentioned protection of these conditionalwater rights. B. UCCWA has engaged insystem-wide diligence activities in order tomore efficiently manage its water re-sources, thus increasing the opportunity tostore additional amounts of water underthe subject conditional water storage rightand to exchange additional amounts ofwater under the subject conditional appro-priative right of exchange. This work in-cludes engineering analyses and legalconsultation regarding the operation ofUCCWA’s water resources. UCCWA hasalso performed periodic updates to the“Gain Equation” as required by the de-cree in Case No. 01CW284. During thisdiligence period, UCCWA has expendedapproximately $9,867 on legal expensesand $40,450 on engineering expenses forthese system-wide diligence activities. 4.2.Aurora: During this diligence period, Au-rora performed work on other parts of itsintegrated water supply system that iseither necessary for the successful opera-tion of the subject water rights or in fur-therance of those rights, including the fol-lowing: A. South Platte River Basin: 1.Prairie Waters Project: During this dili-gence period, Aurora has expended$545,852,000 on the construction of sev-eral elements of its Prairie Waters Project.This work will make additional Aurora wa-ter available at the outfall of the MetroWastewater Treatment Plant. 2. Construc-tion of Northern Treatment Plant: Aurorais a member of the Metro Wastewater Re-clamation District (“Metro”). Metro is cur-rently constructing its Northern TreatmentPlant, which is projected to be operationalby 2016. Once this treatment plant is op-erational, entities that previously treatedtheir wastewater at the Robert W. HiteTreatment Facility will treat some of theireffluent at the new Northern TreatmentPlant, thus freeing up capacity in theRobert W. Hite Treatment Facility for addi-tional amounts of effluent, which may beexchanged upstream to the exchange-topoints described herein. 3. Sand CreekWater Reuse Plant: Aurora operates this5-million-gallon per day facility to providetreated water for irrigation throughout theCity. During this diligence period, Auroraexpended approximately $3,023,000 onimprovements and expansion of this facil-ity. This work is necessary for reuse with-in the South Platte River Basin of the wa-ter that is the subject of the exchangeherein. 4. Reuse of Lawn Irrigation ReturnFlows: During this diligence period, Au-rora prosecuted Case No. 02CW341, Wa-ter Division 1, under which return flowsfrom lawn irrigation use of the water fromthe subject exchange are quantified to fa-cilitate future reuse of this water. A de-cree was entered in this case in Decem-ber of 2008. Aurora also performed stud-ies of LIRFs throughout Aurora that in-cluded various analyses conducted to de-termine the amount, timing, and locationof LIRFs within several drainage basinswithin Aurora’s service area, includingSand Creek. 5. Reuse Water SystemMaster Plan: In December 2008, Auroracompleted its Reuse Water System Mas-ter Plan. The goal of this study was to ex-plore options for optimization of Aurora’sreuse water system, and to develop a cap-ital improvement program outlining expan-sion of the reuse water system in severalphases. This reusable water includes sev-eral sources of substitute supply for thesubject exchange. 6. South Platte Ex-change: On September 22, 2013, Auroraobtained a decree in Case No. 08CW253,Water Division 1, granting a finding ofreasonable diligence and making abso-lute portions of conditional exchangerights. These water rights allow Aurora toexchange its reusable water from the con-fluence of Tarryall Creek and the SouthPlatte River to Spinney Mountain Reser-voir, where it can be released as a sourceof substitute supply for the subject ex-change. 7. Griswold Water TreatmentPlant Renovations: This facility treats aportion of the raw water before it is de-livered to Aurora’s customers. Approxim-ately $1,255,000 was spent by Aurora dur-ing this diligence period for improvementsto this facility. 8. Wemlinger Water Treat-ment Plant Expansion: During this dili-gence period, Aurora spent approximately$1,768,000 on expansion of the Wem-linger Water Treatment Plant. This facilitytreats a portion of the raw water that is areplacement source herein before it is de-livered to Aurora’s customers. 9. Auto-mated Meter Reading System: Auroraspent approximately $4,377,000 duringthis diligence period for conversion of itsmanual utility reading system to a fullyautomated system. 10. Study of Aurora’sWater Needs: During this diligence peri-od, Aurora spent more than $1,563,000toward engineering and planning studiesto assist in determining the City’s futurewater needs and a plan to meet thoseneeds. 11. Aurora Raw Water SystemModel: During this diligence period, Au-rora spent more than $602,000 on con-sultant fees to develop a computer modelof Aurora’s raw water system. B. Arkan-s a s R i v e r B a s i n : 1 . C a s e N o .2006CW101: During this diligence period,Aurora obtained a decree in Case No.2006CW101, Water Division 2, therebymaking absolute certain conditional ex-changes of water in the Arkansas RiverBasin upstream to the Otero Pipeline forconveyance to Aurora’s storages and di-version facilities within the South PlatteRiver Basin. Once in the South PlatteRiver Basin, these Arkansas River waterrights are reusable sources for the sub-ject exchange. The decree in this casewas granted on June 8, 2009. 2. CaseNo. 2001CW145: Aurora completed nego-tiations with opposers and adjudication ofseveral appropriative rights of exchange inthe Arkansas River Basin, which will in-crease Aurora’s ability to exchange waterfrom the Arkansas River Basin upstreamto the Otero Pipeline for conveyance toAurora’s storages and diversion facilitieswithin the South Platte River Basin. Oncein the South Platte River Basin, theseArkansas River water rights are reusablesources for the exchange herein. The de-cree in this case was granted on October30, 2012. 3. Payment for purchase andlease of Rocky Ford Ditch shares: Duringthis diligence period, Aurora spent approx-imately $5,763,338 for repayment ofbonds, including principal and interest,that were issued or refunded for the pur-chase of original Rocky Ford Ditch shareschanged in Case No. 83CW18, that are areusable source for the subject exchange.4. Payments to Rocky Ford School Dis-trict R-2: Aurora and the Rocky FordSchool District R-2 entered into an Inter-governmental Agreement on February 7,2005 under which Aurora agreed to makeannual payments to the School Districtconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made a total of $900,000 in annu-al payments. 5. Revegetation: During thisdiligence period, 100% completion of therevegetation of formerly irrigated lands re-quired under the decree in Case No.83CW18 and subsequent orders wasachieved. This allows for the transfer andeventual use by Aurora of Rocky FordDitch water that is a reusable source forthe subject exchange. Weed control ofthe revegetated lands is continuing. Dur-ing this diligence period, Aurora has madeexpenditures for expert revegetation clas-sifications and reports, actual revegeta-tion and weed control costs, as well asfarm equipment purchases, office over-head and personnel costs. 6. Payments toOtero County: Aurora and Otero Countyentered into an Intergovernmental Agree-ment on February 22, 1994, and amendedthat Agreement on October 29, 2001 un-der which Amendment Aurora agreed tomake annual payments to Otero Countyconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made payments of approximately$184,867. 7. Pueblo Reservoir Storage:During this diligence period, Aurora paidthe Bureau of Reclamation more than$3,072,630 for use of Pueblo Reservoir inthe storage and exchange of ArkansasRiver Basin water upstream for transportand use by Aurora in the South PlatteBasin. 8. Intergovernmental Agreementwith SECWCD: On October 3, 2003, Au-rora entered into an IntergovernmentalAgreement with the Southeastern Color-ado Water Conservancy District (“SECW-CD”), replacing an agreement betweenthe parties dated December 7, 2001. Au-rora’s use of Fryingpan-Arkansas facilitiesfor certain water rights is discussed underthis IGA. During this diligence period, Au-rora made payments of approximately$2,240,394 to SECWCD under this IGA.9. Agreements for Use of the HolbrookSystem Facilities: On March 1, 2005, Au-rora entered into two agreements pertain-ing to the use of the diversion, convey-ance and storage facilities of the Hol-brook Mutual Irrigating Company (“Hol-brook”). These agreements implement aprogram to recapture and store yield fromforegone diversions of senior water rights.Aurora completed structural modificationsto the Holbrook system facilities and hasfiled a Substitute Water Supply Plan ne-cessary to implement the program. Fur-ther, Aurora initiated a study to examineenlargement of the Holbrook Reservoir tofurther facilitate operations. During this di-ligence period, Aurora made payments ofapproximately $166,815 to Holbrook un-der this agreement. 10. Gravel Pit Stor-age: Aurora is pursuing gravel pit storageoptions on the Arkansas River down-stream from Pueblo Reservoir to allowstorage of its water rights for eventual ex-change to Pueblo Reservoir. These storedrights will facilitate Aurora’s ArkansasRiver Basin operation, including deliveryof the reusable water for the subject ex-change. During this diligence period, Au-rora spent approximately $67,000 towardthis effort. 11. Homestake Diversion Chan-nel: Work was done on the Homestake Di-version Channel to reduce erosion, includ-ing riprap and installation of a new road-way culvert. Once water is transportedover the continental divide through theOtero Pump Station and HomestakePipeline, it is then transported by theHomestake Diversion Channel to SpinneyMountain Reservoir in the South PlatteBasin. During this diligence period, Au-rora spent approximately $132,769 to-ward this effort. C. Colorado River Basin:1. During this diligence period, Aurora andthe City of Colorado Springs negotiatedwith Objectors in Case No. 95CW272(A),District Court, Water Division 5, andentered into Stipulations with many of theObjectors in that case, which adjudicatedchanges of water rights and augmenta-tion plans and exchanges involving theHomestake water rights. A decree wasgranted in this matter on March 16, 2011.2. During this diligence period, Aurora pro-secuted Case No. 2009CW17, Water Divi-sion 5. On October 10, 2010, the Division5 Water Court entered a decree confirm-ing diligence and continuing in effect theconditional water rights originally decreedin Case No. 98CW270, which comprisepart of the Homestake Project. 3. On June21, 2004, the City of Aurora entered intoan additional Water Exchange Agreementwith the Eagle Park Reservoir Company,the Colorado River Water ConservationDistrict, the Eagle River Water and Sanita-tion District, the Upper Eagle RegionalWater Authority, and Vail Associates, Inc.to supplement a 1998 Water ExchangeAgreement. This agreement affects oper-ations of the Homestake water rights anddeliveries of reusable water to Aurora foruse in the subject exchange. On January5, 2010, the City of Aurora entered into aConsolidated Water Exchange Agree-ment to supplement and merge and con-solidate the 1998 and 2004 Agreements.4. During this diligence period, Aurora hasnegotiated and recently executed a Re-covery Action Plan Participation Agree-ment with the Northern Colorado WaterConservancy District, and a Ruedi Insur-ance Water Cost Participation Agreementwith the City and County of Denver. Thepurpose of these agreements is to mitig-ate the impacts of transmountain diver-sions to Colorado’s front range in order tosupport the Recovery Implementation Pro-gram for Endangered Fish Species in theUpper Colorado River Basin. D. Protec-tion Efforts: During this diligence period,Aurora made expenditures for legal ser-vices for participation in Water Divisions 1,2 and 5 cases to protect the rights and in-terests of Aurora with regard to its watersupply system, including the subject ex-change. 4.3 CPW: A. Member CPW,through the Office of the Colorado Attor-ney General, continues to prosecute CaseNo. 98CW462, Water Division 1, in whichit is requesting a change of the GardenerDitch water right that will allow the waterright to be used as a source of substitutesupply for the subject exchange. CPWhas paid an expert consultant approxim-ately $29,000 for work on 98CW462, in-cluding site visits, meetings with variousopposers and administration officials, andconsultation with CPW. 4.4 ACWWA andCWSD: A. Joint Water Purification Plant:During this diligence period, CWSD andACWWA participated in the design, con-struction and opening of the Joint WaterPurification Plant (the “JWPP”), a watertreatment facility which is co-owned byACWWA, CWSD, and the ArapahoeCounty Water and Wastewater Public Im-provement District and is operated byACWWA. The JWPP was constructedspecifically to fully use and reuse the allu-vial water rights of ACWWA and CWSD.Nine of CWSD’s alluvial wells and severalof ACWWA’s alluvial wells are specificallylisted as exchange to points under the de-cree in 01CW284. Water which is ex-changed up to the alluvial wells ofACWWA and CWSD will typically betreated at the JWPP before delivery tocustomers. Therefore, building the JWPPincreases and supports the ability ofACWWA and CWSD to use the subjectexchange. CWSD expended approxim-ately $9,889,000 on the design and con-struction of the JWPP and relatedpipelines and facilities, within this dili-gence period. ACWWA expended a totalof $19,560,849 for the design and con-struction of the JWPP. B. Well Drilling: InMarch 2009, CWSD re-drilled DiamondOver D Well No. 1, which is decreed asone of the upper points of diversion underthe subject exchange herein. C. Integ-rated Water and WW System: CWSD op-erates an integrated municipal water sup-ply and wastewater system within themeaning of C.R.S. § 37-92-301(4)(b),such that work on any feature of CWSD’sintegrated system shall be considered infinding that reasonable diligence has beenshown in the development of any and allwater rights for that entire system. SinceMay 2006, CWSD has made the followingexpenditures on its integrated water sys-tem. Approximately $795,000 for construc-tion of and improvement to alluvial wells.An average of $15,000/year for participa-tion in the Upper Cherry Creek Water Au-thority. $97,783 for contributions towardjoint modeling of the Cherry Creek Basin(a total of $116,828 has been authorizedby the CWSD Board, including the new C-CAMP 2.0 contract). D. King’s PointeSouth: CWSD is negotiating an agree-ment with Aurora, pursuant to whichCWSD would provide temporary (up to 10years or more) water service to serve adevelopment within Aurora known asKing’s Pointe South. The proposal undernegotiation is for Aurora to provide rawwater supplies to CWSD under the UC-CWA regional augmentation plan, to bewithdrawn through CWSD’s Cherry Creekalluvial wells. Then, CWSD will treat thewater supplies at the JWPP and delivertreated water to Aurora to serve King’sPointe South. The subject exchange maybe used as part of this agreement. E. Con-tract for Water Deliveries: CWSD is nego-tiating a second agreement with Aurora,pursuant to which CWSD may purchaseup to 140 acre-feet per year of reusablereturn flows owned by Aurora, which aredischarged to the South Platte River fromthe Metro Plant. Then, CWSD would ex-change the return flows under the subjectexchange for withdrawal from CWSD’sCherry Creek alluvial wells. F. On March10, 2010, Members CWSD and ACWWAfiled in Case No. 01CW284, Water Divi-sion 1 a notice of acquisition of additionalwater sources to be used in UCCWA’splan for augmentation and appropriativerights of exchange. G. ACWWA filedstatements of opposition and litigatedCase Nos. 01CW285, 01CW286 and01CW287 in Water Division 1. In this litig-ation, ACWWA was successful in arguingthat the priorities of the claimed waterrights were junior to UCCWA’s storageand exchange priorit ies decreed in01CW284, thereby protecting UCCWA’sability to store and exchange the subjectconditional water rights. H. ChambersReservoir: During the subject diligenceperiod, ACWWA completed ChambersReservoir, which has a capacity of approx-imately 1,400 acre-feet. ACWWA ob-tained the State Engineer’s approval to fillthe Chambers Reservoir by pumpingsome of its alluvial wells that are includedin the 01CW284 augmentation plan. The01CW284 augmentation plan will providereplacement water for the well depletions,including operation of the subject ex-change. This reservoir operation will in-crease the demand for ACWWA to oper-ate the subject exchange. Additionally, re-leases from Chambers Reservoir are asource of augmentation water and may beexchanged to the upstream point ofACWWA’s depletions pursuant to the sub-ject exchange. The Chambers Reservoirclaim was added to ACWWA’s Case No.96CW1144 pursuant to the First AmendedApplication filed in December of 2010. I.ACWWA Flow Project: In 2009 ACWWAcontracted with United Water and Sanita-tion District and ECCV to develop theACWWA Flow Project. This project whenfully developed will acquire, treat and de-liver 4,400 acre feet of annual averageyield water rights from ditch systems in theSouth Platte Basin to ECCV Water Treat-ment Plant for treatment, then to ACWWAfor use. This water will be used forACWWA’s customers and its return flowswill be used in ACWWA’s augmentationplan which will use ACWWA’s alluvialwells to supply ACWWA additional pot-able and non-potable water supplies.ACWWA has numerous wells that are lis-ted as exchange points in 01CW284. Wa-ter which is exchanged up to ACWWA’salluvial wells can be stored in ChambersReservoir for use. Therefore, the develop-ment of the ACWWA Flow Project in-creases and supports ACWWA’s ability touse the subject exchange. Costs for theACWWA Flow Project are approximately$132,000,000 for the following: Acquisi-tion of Water Rights and System, Pipelineand Well Field Easements, Capacity in theECCV Northern Line, Capacity in the EC-CV Deep Injection Well, Capacity in theECCV Water Treatment Plant, Capacity inthe ECCV Pumpstation, Interconnect linebe tween ECCV and ACWWA. J .ACWWA’s 2010 Draft Integrated MasterPlan: During this di l igence period,ACWWA expended approx imate ly$349,000 for the initial development of itsMaster Plan. Starting in 2010, ACWWAdeveloped a p lan that in tegratedACWWA’s potable, non-potable andwastewater systems. This plan fully relieson ACWWA’s alluvial water rights (includ-ing numerous wells that are listed as ex-change points in 01CW284) and the aug-mentation of the use of those wells whennot in priority to ensure ACWWA has anefficient system. Therefore; the develop-ment of this planning document increasesand supports ACWWA’s ability to use thesubject exchange. The total cost for theinitial development of the Master Plan is$349,000. 4.5. ECCV: A. Case No.00CW217: The decrees entered in CaseNos. 88CW054(A) and 88CW054(B),which adjudicated lawn irrigation returnflows to be used as augmentation and ex-changes sources, were combined into oneunified decree and were superseded bythe decree entered in Case No. 00CW217on March 23, 2009. B. ECCV’s NorthernWater Supply Project: The Water SupplyProject is designed to provide ECCV witha long-term, sustainable municipal watersupply for its service area located in Ar-apahoe County, Colorado. In order to im-plement the ECCV Water Supply Project,ECCV, United Water and Sanitation Dis-trict, and the Farmers Reservoir & Irriga-tion Company entered into a Water Sup-ply Agreement on December 18, 2003,that was amended in May 2007. The Wa-ter Supply Project is a multi-phase renew-able water supply project. Phase one se-cured approximately 6,000 acre-feet ofwater rights from the South Platte Riverand the construction of a 31-mile pipeline,storage tanks and two pump stations. Thisphase of the Project now delivers renew-able water from the Beebe Draw, wherewater is stored from the South PlatteRiver, and then is sent down through thepipeline to ECCV’s service area. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-menta l Agreement to prov ide forACWWA’s participation with ECCV andUnited in the Water Supply Project. Thereturn flows from the water delivered willbe used in ECCV’s augmentation plan,Case No. 00CW217, which will useECCV’s alluvial wells to supply ECCV withadditional potable and non-potable watersupplies. 4.6. Other: UCCWA and itsMembers reserve the right to identify addi-tional relevant efforts that may be laterdiscovered or to make upward adjust-ments to amounts expended on certainprojects. UCCWA and its Members haveextensive water rights portfolios, extens-ive and complex water supply, collection,treatment and reuse systems, and an ex-tensive number of agreements, contracts,leases, etc. related to such facilities andthe use, reuse and storage of their waterrights. The management, protection, andoperation of the water rights and the facil-ities system involve numerous public de-partments and staff members throughoutthe state. UCCWA and its Members madediligent efforts with regard to this applica-tion to determine and quantify all effortsmade by UCCWA and its Members to-ward completion of the appropriations andapplication of the water rights decreed inCase No. 01CW284 to beneficial use.However, it is reasonably possible that rel-evant efforts or expenditures may havebeen overlooked or need further upwardadjustment. 5. Claim to make absolute:5.1. Name of Water Right: Cherry CreekReservoir Augmentation Pool, as de-scribed in paragraph 2.1 above. A. Date ofapplication to beneficial use: September12 and 13, 2013. B. Amount: 2,560 acre-feet. C. Type of use: Recreation, piscatori-al and wildlife, augmentation (includingaugmentation of evaporation from CherryCreek Reservoir), and exchange. D. Evid-ence that diversion was made in priority:On September 12 and 13, 2013, MemberCPW stored 2,560 acre-feet pursuant tothe Cherry Creek Reservoir Augmenta-tion Pool Water Right described in para-graph 2.1 above. The accounting forCherry Creek Reservoir during this timedemonstrates that this amount of waterwas diverted into storage in priority. Thecapture and storage of this water in-prior-ity storage provides a basis to make thiswater right absolute for all decreed typesof use. C.R.S. § 37-92-301(4)(e). 6. Nameand address of owner or reputed ownersof the land upon which any new diversionor storage structure, or modification to anyexisting diversion or storage structure is orwill be constructed or upon which water isor will be stored, including any modifica-tion to the existing storage pool: None.WHEREFORE, the Applicants respect-fully request that this Court enter a de-cree: (1) finding that the Applicants haveexercised reasonable diligence in the de-velopment of the above-referenced condi-tional water rights; (2) confirming that theabove-described conditional water rightsare part of an integrated water system andthat due diligence as to any one compon-ent constitutes due diligence on all partsof such system; (3) awarding the above-described absolute water right for theCherry Creek Reservoir AugmentationPool storage right described above; (4)continuing the remaining conditional wa-ter rights in full force as decreed, and forsuch other and further relief as this Courtdeems just and proper. (22 pages; includ-ing Appendix 1 – UCCWA Member Wellsand UCCWA Location Map)
24 Englewood Herald January 24, 2014
24-Color
Misc. Private Legals
Cottonwood Water and Sanitation District;and East Cherry Creek Valley Water andSanitation District, in the South PlatteRiver and Its Tributaries Including CherryCreek, in Adams, Arapahoe, Denver,Douglas and Jefferson Counties, c/o Attor-neys John M. Dingess, Esq., and Peter C.Johnson, Esq., Duncan, Ostrander & Din-gess, P.C., 3600 S. Yosemite Street, Suite500, Denver, Colorado 80237-1829, 303-779-0200. APPLICATION TO MAKECONDITIONAL WATER RIGHT ABSO-LUTE, FOR A FINDING OF REASON-ABLE DILIGENCE AND TO CONTINUECONDITIONAL WATER RIGHTS INA D A M S , A R A P A H O E , D E N V E R ,D O U G L A S A N D J E F F E R S O NCOUNTIES. Applicants Upper CherryCreek Water Association and its memberentities, by and through the undersignedcounsel, hereby submit the following ap-plication to make a portion of their condi-tional water rights absolute, for finding ofreasonable diligence and to continue theirconditional water rights. 1. Name, ad-dress and telephone number of Applicant:The Upper Cherry Creek Water Associ-ation consists of the following Members:1.1. Arapahoe County Water andWastewater Authority (“ACWWA”), 13031East Caley Avenue, Englewood, Color-ado 80111, Telephone: 303.790.4830;1.2. City of Aurora, Colorado, a municipalcorporation of the Counties of Adams, Ar-apahoe and Douglas, acting by andthrough its Utility Enterprise (“Aurora”),15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012, Tele-phone: 303.739.7030; 1.3. Colorado Divi-sion of Parks and Wildlife (“CPW”), 6060Broadway, Denver, CO 80216, Tele-phone: 303.291.7261; 1.4. CottonwoodWater and Sanitation District (“CWSD”), 2Inverness Drive East, Englewood, Color-ado 80112, Telephone: 303.792.9509,1.5. East Cherry Creek Valley Water andSanitation District (“ECCV”), 6201 SouthGun Club Road, Aurora, Colorado 80015,Telephone: 303.693.3800, 1.6. UpperCherry Creek Water Association (“UC-CWA”): For the purposes of this case,ACWWA, Aurora, CPW, CWSD, and EC-CV are acting together as Members of theUpper Cherry Creek Water Associationestablished by the Establishing Contractdated December 17, 2001. ACWWA, Au-rora, CPW, CWSD, and ECCV are collect-ively referred to as “UCCWA” or “Applic-ant” and individually referred to as “Mem-bers.” 2. Description of conditional waterrights: The water rights which are thesubject of this application involve one con-ditional water storage right and one condi-tional appropriative right of exchange withseveral exchange-to and exchange-frompoints. 2.1 Description of Conditional Wa-ter Storage Right: A. Previous Decree:The original decree was entered in CaseNo. 01CW284, District Court, Water Divi-sion No. 1 on December 4, 2007 (the“01CW284 Decree”). B. Cherry CreekReservoir Augmentation Pool: In CaseNo. 01CW284, Member CPW was gran-ted a conditional water storage right with-in the existing storage capacity of CherryCreek Reservoir. CPW was also grantedthe right to fully consume water stored un-der this right. The details of this right areas follows: 1. Location: This right will bestored within the existing storage capacityof Cherry Creek Reservoir, which is an on-channel reservoir located in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, and 24, T5S,R67W, 6th P.M.; Sections 31 and 32, T4S,R66W, 6th P.M.; and Sections 7, 18 and19, T5S, R66W, 6th P.M., all in ArapahoeCounty, Colorado. The initial point of sur-vey of the high water line of the reservoiris located at a point whence the Southw-est Corner of Section 34, T4S, R67W, 6thP.M. bears North 54°54’ West a distanceof 5,856.8 feet. The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.2. Source of Water: Surface water inCherry Creek, tributary to the South PlatteRiver. 3. Date of Appropriation: July 27,2001. 4. Amount of Appropriation: 12,805acre-feet, Conditional, with the right to filland refill this right successively as manytimes as the management purposes of the01CW284 Decree allow. 5. Uses: Recre-ation, piscatorial and wildlife, augmenta-tion (including augmentation of evapora-tion from Cherry Creek Reservoir), andexchange. 2.2 Description of ConditionalAppropriative Right of Exchange: A. Previ-ous Decree: The 01CW284 Decree, asdescribed in paragraph 2.1(A) above. B.Points of diversion or “exchange-to”points: 1. ACWWA surface diversionstructures: a) Cottonwood Diversion Struc-ture No. 1: (1) Location: In the SE1/4 ofthe NE1/4 of Section 23, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 50 feet from the EastSection line and 1,450 feet from the NorthSection line of said Section 23. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. b) Lone Tree Surface Di-version: (1) Location: In the SW1/4 of theNE1/4 of Section 24, T5S, R67W, 6thP.M., Arapahoe County, Colorado, at apoint approximately 2,250 feet from theEast Section line and 2,200 feet from theNorth Section line of said Section 24. (2)Original Decree: Case No. 90CW201 for2.67 cfs, conditional, with an appropri-ation date of April 23, 1990. c) WindmillDiversion Structure No. 1: (1) Location: Inthe SW1/4 of the SW1/4 of Section 30,T5S, R66W, 6th P.M., Arapahoe County,Colorado, at a point approximately 1,300feet from the East Section line and 100feet from the South Section line of saidSection 30. (2) Original Decree: Case No.90CW201 for 2.67 cfs, conditional, with anappropriation date of April 23, 1990. d)Windmill Diversion Structure No. 2: (1)Location: In the SE1/4 of the NW1/4 ofSection 30, T5S, R66W, 6th P.M., Ar-apahoe County, Colorado, at a point ap-proximately 1,850 feet from the East Sec-tion line and 2,100 feet from the NorthSection line of said Section 30. (2) Origin-al Decree: Case No. 90CW201 for 2.67cfs, conditional, with an appropriation dateof April 23, 1990. 2. Cherry Creek Reser-voir, more fully described in Paragraph2.1(B) above. 3. In addition to the specificupstream points of diversion (or “ex-change-to” points) described above, ex-changes may be made directly to Mem-bers' wells (listed in Appendix 1 attachedto the Application) that are located within100 feet of the stream or to the point onCherry Creek where pumping depletes thestream, but no further upstream than thelocation of the U.S. Geological Surveystream gage below the Town of Parker,Colorado, which is located on CherryCreek in the SE1/4 of the NW1/4 of theNE1/4 of Section 21, T6S, R66W, 6thP.M., Douglas County, Colorado, on theright bank 200 feet upstream from MainStreet, 1,100 feet downstream from themouth of Sulphur Gulch, and 0.8 milesWest of the Town of Parker, Colorado.The approximate latitude of this point is39°31’09” North and the approximate lon-gitude is 104°46’45” West. C. Points ofsubstitute supply, or “exchange-from”points: 1. Confluence of Sand Creek andthe South Platte River: The confluence isgenerally located in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, of the6th P.M., Adams County, Colorado. 2.Confluence of Cherry Creek and theSouth Platte River: This point is located onthe South Platte River in the NE1/4 of theNW1/4 of Section 33, T3S, R68W, 6thP.M, Denver County, Colorado. 3. TheOutfall of the Metro Wastewater Reclama-tion District: The outfall is located on theSouth Platte River in the SE1/4 of theSW1/4 of Section 1, T3S, R68W, 6th P.M.,Adams County, Colorado. 4. GardenerDitch Headgate on the South Platte River:The decreed location is a point on theWest bank of the South Platte River ap-proximately 2° South, 15’ West, 2,167 feetfrom the corner of Sections 1, 2, 11 and12 of T3S, R68W, 6th P.M., AdamsCounty, Colorado. The point of diversionhas been relocated approximately onehalf mile further upstream on the SouthPlatte River. 5. Cherry Creek ReservoirOutlet Works: The outlet works are loc-ated in the NW1/4 of the NE1/4 of Section2, T5S, R67W, 6th P.M., with an approx-imate latitude of 39°39'08" North and ap-proximate longitude of 104°51'20" West.D. Sources of substitute supply: WaterDeliverable to the Confluence of SandCreek and the South Platte River and theoutfall of the Metro Wastewater Reclama-tion District Treatment Plant: a) Water de-liverable to the Aurora Sand CreekWastewater Treatment Plant Outfall andwater deliverable to the Metro Wastewa-ter Reclamation District Outfall from re-usable sources owned by Aurora includ-ing trans-basin and fully consumptive usewaters, a portion of which is reusable non-tributary groundwater derived from ECCVsources, as more specifically described inthe 01CW284 Decree. b) Future Replace-ment Sources: Upon approval of the Divi-sion Engineer for Water Division 1, othertransbasin sources, fully consumable in-basin water rights that are available formunicipal use, and decreed nontributarysources that Aurora adjudicates, buys,leases or otherwise acquires in the future.c) Contract Eff luent or ReclaimedWastewater: Contract effluent or re-claimed wastewater in excess of Aurora’sexisting lease commitments for fully con-sumptive use water deliverable to theMetro Wastewater Reclamation Districtoutfall available to Aurora pursuant to itssewage transmission agreement with EC-CV dated May 15, 1976. d) AdditionalContract Effluent or Reclaimed Wastewa-ter: Additional contract effluent or re-claimed wastewater not subordinate toAurora’s use thereof for exchange and/oraugmentation purposes as provided inCase Nos. 86CW340, 89CW214 and89CW215, and 99CW158, and not subor-dinate to Aurora’s lease commitments forfully consumptive use water deliverable tothe outfall of the Metro Wastewater Re-clamation District and/or Sand CreekWastewater Treatment Plant existing onthe date of entry of this Decree. 2. Waterthat will be delivered to the confluence ofCherry Creek and the South Platte River.a) Member CPW’s Deer Creek Rights, asdecreed in Case No. Case No. 1678, Dis-tr ict Court, Park County, and sub-sequen t l y changed i n Case No .84CW566, Water Division 1, as more fullydescribed in paragraph 28.2 of the01CW284 Decree. b) Aurora’s reusablewater stored in Strontia Springs Reservoir.3. Water that will be delivered to theGardener Ditch headgate: CPW’s Garden-er Ditch Rights, as decreed in Case No.37275, District Court, City and County ofDenver, for which a change is pending inCase No. 98CW462, Water Division 1,and which is more fully described in para-graph 28.3 of the 01CW284 Decree. 4.Water that will be released from theCherry Creek Reservoir AugmentationPool: as more fully described in Para-graph 2.1(B) above and in the 01CW284Decree. E. Exchange Appropriation In-formation: 1. Date of Appropriation: June25, 1996. 2. Amount: 70.3 cfs, condition-al; 29.7 cfs, absolute. a) Note: In the01CW284 Decree, UCCWA was awardedan absolute water right in the amount of29.7 cfs for the above-described ex-change. This application for a finding ofreasonable diligence applies only to the70.3 cfs amount of this exchange whichremains conditional. 3. Decreed Uses: Allbeneficial uses presently decreed orclaimed for the structures described in Ap-pendix 1 attached hereto, inclusive, andthe conditional storage water right for theCherry Creek Reservoir AugmentationPool granted to CPW in the 01CW284 De-cree, including aesthetic, augmentation,commercial, domestic, fire protection, fishand wildlife propagation, industrial, irriga-tion, municipal, recreational, and storage.3. Integrated Water Supply System: Theconditionally decreed water rights de-scribed above each constitute a feature ofan integrated water system. “When aproject or integrated system is comprisedof several features, work on one feature ofthe project or system shall be consideredin finding that reasonable diligence hasbeen shown in the development of waterrights for all features of the entire projector system.” C.R.S. § 37-92-301(4)(b). 4.Detailed outline of what has been done to-ward completion or for completion of theappropriation and application of water to abeneficial use as conditionally decreed, in-cluding expenditures, during the previousdiligence period: During this diligence peri-od, Applicant and its members undertookthe following work in furtherance of theseconditional water rights, including the fol-lowing: 4.1. UCCWA: A. UCCWA has act-ively protected the subject conditional wa-ter rights from potential injury by perform-ing monthly reviews of the Water Division1 water court resume to determine wheth-er the filing of Statements of Oppositionwas necessary to protect its water rights inWater Division 1, including these condi-tional water rights. UCCWA has filedstatements of opposition in several casesto protect its water rights during this dili-gence period. Additionally, UCCWA’scounsel has continued to participate inpending legal actions to protect these con-ditional water rights during this diligenceperiod. During the subject diligence peri-od, UCCWA expended approximately$72,844 on legal expenses and $22,479on engineering expenses for the afore-mentioned protection of these conditionalwater rights. B. UCCWA has engaged insystem-wide diligence activities in order tomore efficiently manage its water re-sources, thus increasing the opportunity tostore additional amounts of water underthe subject conditional water storage rightand to exchange additional amounts ofwater under the subject conditional appro-priative right of exchange. This work in-cludes engineering analyses and legalconsultation regarding the operation ofUCCWA’s water resources. UCCWA hasalso performed periodic updates to the“Gain Equation” as required by the de-cree in Case No. 01CW284. During thisdiligence period, UCCWA has expendedapproximately $9,867 on legal expensesand $40,450 on engineering expenses forthese system-wide diligence activities. 4.2.Aurora: During this diligence period, Au-rora performed work on other parts of itsintegrated water supply system that iseither necessary for the successful opera-tion of the subject water rights or in fur-therance of those rights, including the fol-lowing: A. South Platte River Basin: 1.Prairie Waters Project: During this dili-gence period, Aurora has expended$545,852,000 on the construction of sev-eral elements of its Prairie Waters Project.This work will make additional Aurora wa-ter available at the outfall of the MetroWastewater Treatment Plant. 2. Construc-tion of Northern Treatment Plant: Aurorais a member of the Metro Wastewater Re-clamation District (“Metro”). Metro is cur-rently constructing its Northern TreatmentPlant, which is projected to be operationalby 2016. Once this treatment plant is op-erational, entities that previously treatedtheir wastewater at the Robert W. HiteTreatment Facility will treat some of theireffluent at the new Northern TreatmentPlant, thus freeing up capacity in theRobert W. Hite Treatment Facility for addi-tional amounts of effluent, which may beexchanged upstream to the exchange-topoints described herein. 3. Sand CreekWater Reuse Plant: Aurora operates this5-million-gallon per day facility to providetreated water for irrigation throughout theCity. During this diligence period, Auroraexpended approximately $3,023,000 onimprovements and expansion of this facil-ity. This work is necessary for reuse with-in the South Platte River Basin of the wa-ter that is the subject of the exchangeherein. 4. Reuse of Lawn Irrigation ReturnFlows: During this diligence period, Au-rora prosecuted Case No. 02CW341, Wa-ter Division 1, under which return flowsfrom lawn irrigation use of the water fromthe subject exchange are quantified to fa-cilitate future reuse of this water. A de-cree was entered in this case in Decem-ber of 2008. Aurora also performed stud-ies of LIRFs throughout Aurora that in-cluded various analyses conducted to de-termine the amount, timing, and locationof LIRFs within several drainage basinswithin Aurora’s service area, includingSand Creek. 5. Reuse Water SystemMaster Plan: In December 2008, Auroracompleted its Reuse Water System Mas-ter Plan. The goal of this study was to ex-plore options for optimization of Aurora’sreuse water system, and to develop a cap-ital improvement program outlining expan-sion of the reuse water system in severalphases. This reusable water includes sev-eral sources of substitute supply for thesubject exchange. 6. South Platte Ex-change: On September 22, 2013, Auroraobtained a decree in Case No. 08CW253,Water Division 1, granting a finding ofreasonable diligence and making abso-lute portions of conditional exchangerights. These water rights allow Aurora toexchange its reusable water from the con-fluence of Tarryall Creek and the SouthPlatte River to Spinney Mountain Reser-voir, where it can be released as a sourceof substitute supply for the subject ex-change. 7. Griswold Water TreatmentPlant Renovations: This facility treats aportion of the raw water before it is de-livered to Aurora’s customers. Approxim-ately $1,255,000 was spent by Aurora dur-ing this diligence period for improvementsto this facility. 8. Wemlinger Water Treat-ment Plant Expansion: During this dili-gence period, Aurora spent approximately$1,768,000 on expansion of the Wem-linger Water Treatment Plant. This facilitytreats a portion of the raw water that is areplacement source herein before it is de-livered to Aurora’s customers. 9. Auto-mated Meter Reading System: Auroraspent approximately $4,377,000 duringthis diligence period for conversion of itsmanual utility reading system to a fullyautomated system. 10. Study of Aurora’sWater Needs: During this diligence peri-od, Aurora spent more than $1,563,000toward engineering and planning studiesto assist in determining the City’s futurewater needs and a plan to meet thoseneeds. 11. Aurora Raw Water SystemModel: During this diligence period, Au-rora spent more than $602,000 on con-sultant fees to develop a computer modelof Aurora’s raw water system. B. Arkan-s a s R i v e r B a s i n : 1 . C a s e N o .2006CW101: During this diligence period,Aurora obtained a decree in Case No.2006CW101, Water Division 2, therebymaking absolute certain conditional ex-changes of water in the Arkansas RiverBasin upstream to the Otero Pipeline forconveyance to Aurora’s storages and di-version facilities within the South PlatteRiver Basin. Once in the South PlatteRiver Basin, these Arkansas River waterrights are reusable sources for the sub-ject exchange. The decree in this casewas granted on June 8, 2009. 2. CaseNo. 2001CW145: Aurora completed nego-tiations with opposers and adjudication ofseveral appropriative rights of exchange inthe Arkansas River Basin, which will in-crease Aurora’s ability to exchange waterfrom the Arkansas River Basin upstreamto the Otero Pipeline for conveyance toAurora’s storages and diversion facilitieswithin the South Platte River Basin. Oncein the South Platte River Basin, theseArkansas River water rights are reusablesources for the exchange herein. The de-cree in this case was granted on October30, 2012. 3. Payment for purchase andlease of Rocky Ford Ditch shares: Duringthis diligence period, Aurora spent approx-imately $5,763,338 for repayment ofbonds, including principal and interest,that were issued or refunded for the pur-chase of original Rocky Ford Ditch shareschanged in Case No. 83CW18, that are areusable source for the subject exchange.4. Payments to Rocky Ford School Dis-trict R-2: Aurora and the Rocky FordSchool District R-2 entered into an Inter-governmental Agreement on February 7,2005 under which Aurora agreed to makeannual payments to the School Districtconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made a total of $900,000 in annu-al payments. 5. Revegetation: During thisdiligence period, 100% completion of therevegetation of formerly irrigated lands re-quired under the decree in Case No.83CW18 and subsequent orders wasachieved. This allows for the transfer andeventual use by Aurora of Rocky FordDitch water that is a reusable source forthe subject exchange. Weed control ofthe revegetated lands is continuing. Dur-ing this diligence period, Aurora has madeexpenditures for expert revegetation clas-sifications and reports, actual revegeta-tion and weed control costs, as well asfarm equipment purchases, office over-head and personnel costs. 6. Payments toOtero County: Aurora and Otero Countyentered into an Intergovernmental Agree-ment on February 22, 1994, and amendedthat Agreement on October 29, 2001 un-der which Amendment Aurora agreed tomake annual payments to Otero Countyconcerning the Rocky Ford Ditch sharesthat are a reusable source for the subjectexchange. During this diligence period,Aurora made payments of approximately$184,867. 7. Pueblo Reservoir Storage:During this diligence period, Aurora paidthe Bureau of Reclamation more than$3,072,630 for use of Pueblo Reservoir inthe storage and exchange of ArkansasRiver Basin water upstream for transportand use by Aurora in the South PlatteBasin. 8. Intergovernmental Agreementwith SECWCD: On October 3, 2003, Au-rora entered into an IntergovernmentalAgreement with the Southeastern Color-ado Water Conservancy District (“SECW-CD”), replacing an agreement betweenthe parties dated December 7, 2001. Au-rora’s use of Fryingpan-Arkansas facilitiesfor certain water rights is discussed underthis IGA. During this diligence period, Au-rora made payments of approximately$2,240,394 to SECWCD under this IGA.9. Agreements for Use of the HolbrookSystem Facilities: On March 1, 2005, Au-rora entered into two agreements pertain-ing to the use of the diversion, convey-ance and storage facilities of the Hol-brook Mutual Irrigating Company (“Hol-brook”). These agreements implement aprogram to recapture and store yield fromforegone diversions of senior water rights.Aurora completed structural modificationsto the Holbrook system facilities and hasfiled a Substitute Water Supply Plan ne-cessary to implement the program. Fur-ther, Aurora initiated a study to examineenlargement of the Holbrook Reservoir tofurther facilitate operations. During this di-ligence period, Aurora made payments ofapproximately $166,815 to Holbrook un-der this agreement. 10. Gravel Pit Stor-age: Aurora is pursuing gravel pit storageoptions on the Arkansas River down-stream from Pueblo Reservoir to allowstorage of its water rights for eventual ex-change to Pueblo Reservoir. These storedrights will facilitate Aurora’s ArkansasRiver Basin operation, including deliveryof the reusable water for the subject ex-change. During this diligence period, Au-rora spent approximately $67,000 towardthis effort. 11. Homestake Diversion Chan-nel: Work was done on the Homestake Di-version Channel to reduce erosion, includ-ing riprap and installation of a new road-way culvert. Once water is transportedover the continental divide through theOtero Pump Station and HomestakePipeline, it is then transported by theHomestake Diversion Channel to SpinneyMountain Reservoir in the South PlatteBasin. During this diligence period, Au-rora spent approximately $132,769 to-ward this effort. C. Colorado River Basin:1. During this diligence period, Aurora andthe City of Colorado Springs negotiatedwith Objectors in Case No. 95CW272(A),District Court, Water Division 5, andentered into Stipulations with many of theObjectors in that case, which adjudicatedchanges of water rights and augmenta-tion plans and exchanges involving theHomestake water rights. A decree wasgranted in this matter on March 16, 2011.2. During this diligence period, Aurora pro-secuted Case No. 2009CW17, Water Divi-sion 5. On October 10, 2010, the Division5 Water Court entered a decree confirm-ing diligence and continuing in effect theconditional water rights originally decreedin Case No. 98CW270, which comprisepart of the Homestake Project. 3. On June21, 2004, the City of Aurora entered intoan additional Water Exchange Agreementwith the Eagle Park Reservoir Company,the Colorado River Water ConservationDistrict, the Eagle River Water and Sanita-tion District, the Upper Eagle RegionalWater Authority, and Vail Associates, Inc.to supplement a 1998 Water ExchangeAgreement. This agreement affects oper-ations of the Homestake water rights anddeliveries of reusable water to Aurora foruse in the subject exchange. On January5, 2010, the City of Aurora entered into aConsolidated Water Exchange Agree-ment to supplement and merge and con-solidate the 1998 and 2004 Agreements.4. During this diligence period, Aurora hasnegotiated and recently executed a Re-covery Action Plan Participation Agree-ment with the Northern Colorado WaterConservancy District, and a Ruedi Insur-ance Water Cost Participation Agreementwith the City and County of Denver. Thepurpose of these agreements is to mitig-ate the impacts of transmountain diver-sions to Colorado’s front range in order tosupport the Recovery Implementation Pro-gram for Endangered Fish Species in theUpper Colorado River Basin. D. Protec-tion Efforts: During this diligence period,Aurora made expenditures for legal ser-vices for participation in Water Divisions 1,2 and 5 cases to protect the rights and in-terests of Aurora with regard to its watersupply system, including the subject ex-change. 4.3 CPW: A. Member CPW,through the Office of the Colorado Attor-ney General, continues to prosecute CaseNo. 98CW462, Water Division 1, in whichit is requesting a change of the GardenerDitch water right that will allow the waterright to be used as a source of substitutesupply for the subject exchange. CPWhas paid an expert consultant approxim-ately $29,000 for work on 98CW462, in-cluding site visits, meetings with variousopposers and administration officials, andconsultation with CPW. 4.4 ACWWA andCWSD: A. Joint Water Purification Plant:During this diligence period, CWSD andACWWA participated in the design, con-struction and opening of the Joint WaterPurification Plant (the “JWPP”), a watertreatment facility which is co-owned byACWWA, CWSD, and the ArapahoeCounty Water and Wastewater Public Im-provement District and is operated byACWWA. The JWPP was constructedspecifically to fully use and reuse the allu-vial water rights of ACWWA and CWSD.Nine of CWSD’s alluvial wells and severalof ACWWA’s alluvial wells are specificallylisted as exchange to points under the de-cree in 01CW284. Water which is ex-changed up to the alluvial wells ofACWWA and CWSD will typically betreated at the JWPP before delivery tocustomers. Therefore, building the JWPPincreases and supports the ability ofACWWA and CWSD to use the subjectexchange. CWSD expended approxim-ately $9,889,000 on the design and con-struction of the JWPP and relatedpipelines and facilities, within this dili-gence period. ACWWA expended a totalof $19,560,849 for the design and con-struction of the JWPP. B. Well Drilling: InMarch 2009, CWSD re-drilled DiamondOver D Well No. 1, which is decreed asone of the upper points of diversion underthe subject exchange herein. C. Integ-rated Water and WW System: CWSD op-erates an integrated municipal water sup-ply and wastewater system within themeaning of C.R.S. § 37-92-301(4)(b),such that work on any feature of CWSD’sintegrated system shall be considered infinding that reasonable diligence has beenshown in the development of any and allwater rights for that entire system. SinceMay 2006, CWSD has made the followingexpenditures on its integrated water sys-tem. Approximately $795,000 for construc-tion of and improvement to alluvial wells.An average of $15,000/year for participa-tion in the Upper Cherry Creek Water Au-thority. $97,783 for contributions towardjoint modeling of the Cherry Creek Basin(a total of $116,828 has been authorizedby the CWSD Board, including the new C-CAMP 2.0 contract). D. King’s PointeSouth: CWSD is negotiating an agree-ment with Aurora, pursuant to whichCWSD would provide temporary (up to 10years or more) water service to serve adevelopment within Aurora known asKing’s Pointe South. The proposal undernegotiation is for Aurora to provide rawwater supplies to CWSD under the UC-CWA regional augmentation plan, to bewithdrawn through CWSD’s Cherry Creekalluvial wells. Then, CWSD will treat thewater supplies at the JWPP and delivertreated water to Aurora to serve King’sPointe South. The subject exchange maybe used as part of this agreement. E. Con-tract for Water Deliveries: CWSD is nego-tiating a second agreement with Aurora,pursuant to which CWSD may purchaseup to 140 acre-feet per year of reusablereturn flows owned by Aurora, which aredischarged to the South Platte River fromthe Metro Plant. Then, CWSD would ex-change the return flows under the subjectexchange for withdrawal from CWSD’sCherry Creek alluvial wells. F. On March10, 2010, Members CWSD and ACWWAfiled in Case No. 01CW284, Water Divi-sion 1 a notice of acquisition of additionalwater sources to be used in UCCWA’splan for augmentation and appropriativerights of exchange. G. ACWWA filedstatements of opposition and litigatedCase Nos. 01CW285, 01CW286 and01CW287 in Water Division 1. In this litig-ation, ACWWA was successful in arguingthat the priorities of the claimed waterrights were junior to UCCWA’s storageand exchange priorit ies decreed in01CW284, thereby protecting UCCWA’sability to store and exchange the subjectconditional water rights. H. ChambersReservoir: During the subject diligenceperiod, ACWWA completed ChambersReservoir, which has a capacity of approx-imately 1,400 acre-feet. ACWWA ob-tained the State Engineer’s approval to fillthe Chambers Reservoir by pumpingsome of its alluvial wells that are includedin the 01CW284 augmentation plan. The01CW284 augmentation plan will providereplacement water for the well depletions,including operation of the subject ex-change. This reservoir operation will in-crease the demand for ACWWA to oper-ate the subject exchange. Additionally, re-leases from Chambers Reservoir are asource of augmentation water and may beexchanged to the upstream point ofACWWA’s depletions pursuant to the sub-ject exchange. The Chambers Reservoirclaim was added to ACWWA’s Case No.96CW1144 pursuant to the First AmendedApplication filed in December of 2010. I.ACWWA Flow Project: In 2009 ACWWAcontracted with United Water and Sanita-tion District and ECCV to develop theACWWA Flow Project. This project whenfully developed will acquire, treat and de-liver 4,400 acre feet of annual averageyield water rights from ditch systems in theSouth Platte Basin to ECCV Water Treat-ment Plant for treatment, then to ACWWAfor use. This water will be used forACWWA’s customers and its return flowswill be used in ACWWA’s augmentationplan which will use ACWWA’s alluvialwells to supply ACWWA additional pot-able and non-potable water supplies.ACWWA has numerous wells that are lis-ted as exchange points in 01CW284. Wa-ter which is exchanged up to ACWWA’salluvial wells can be stored in ChambersReservoir for use. Therefore, the develop-ment of the ACWWA Flow Project in-creases and supports ACWWA’s ability touse the subject exchange. Costs for theACWWA Flow Project are approximately$132,000,000 for the following: Acquisi-tion of Water Rights and System, Pipelineand Well Field Easements, Capacity in theECCV Northern Line, Capacity in the EC-CV Deep Injection Well, Capacity in theECCV Water Treatment Plant, Capacity inthe ECCV Pumpstation, Interconnect linebe tween ECCV and ACWWA. J .ACWWA’s 2010 Draft Integrated MasterPlan: During this di l igence period,ACWWA expended approx imate ly$349,000 for the initial development of itsMaster Plan. Starting in 2010, ACWWAdeveloped a p lan that in tegratedACWWA’s potable, non-potable andwastewater systems. This plan fully relieson ACWWA’s alluvial water rights (includ-ing numerous wells that are listed as ex-change points in 01CW284) and the aug-mentation of the use of those wells whennot in priority to ensure ACWWA has anefficient system. Therefore; the develop-ment of this planning document increasesand supports ACWWA’s ability to use thesubject exchange. The total cost for theinitial development of the Master Plan is$349,000. 4.5. ECCV: A. Case No.00CW217: The decrees entered in CaseNos. 88CW054(A) and 88CW054(B),which adjudicated lawn irrigation returnflows to be used as augmentation and ex-changes sources, were combined into oneunified decree and were superseded bythe decree entered in Case No. 00CW217on March 23, 2009. B. ECCV’s NorthernWater Supply Project: The Water SupplyProject is designed to provide ECCV witha long-term, sustainable municipal watersupply for its service area located in Ar-apahoe County, Colorado. In order to im-plement the ECCV Water Supply Project,ECCV, United Water and Sanitation Dis-trict, and the Farmers Reservoir & Irriga-tion Company entered into a Water Sup-ply Agreement on December 18, 2003,that was amended in May 2007. The Wa-ter Supply Project is a multi-phase renew-able water supply project. Phase one se-cured approximately 6,000 acre-feet ofwater rights from the South Platte Riverand the construction of a 31-mile pipeline,storage tanks and two pump stations. Thisphase of the Project now delivers renew-able water from the Beebe Draw, wherewater is stored from the South PlatteRiver, and then is sent down through thepipeline to ECCV’s service area. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-menta l Agreement to prov ide forACWWA’s participation with ECCV andUnited in the Water Supply Project. Thereturn flows from the water delivered willbe used in ECCV’s augmentation plan,Case No. 00CW217, which will useECCV’s alluvial wells to supply ECCV withadditional potable and non-potable watersupplies. 4.6. Other: UCCWA and itsMembers reserve the right to identify addi-tional relevant efforts that may be laterdiscovered or to make upward adjust-ments to amounts expended on certainprojects. UCCWA and its Members haveextensive water rights portfolios, extens-ive and complex water supply, collection,treatment and reuse systems, and an ex-tensive number of agreements, contracts,leases, etc. related to such facilities andthe use, reuse and storage of their waterrights. The management, protection, andoperation of the water rights and the facil-ities system involve numerous public de-partments and staff members throughoutthe state. UCCWA and its Members madediligent efforts with regard to this applica-tion to determine and quantify all effortsmade by UCCWA and its Members to-ward completion of the appropriations andapplication of the water rights decreed inCase No. 01CW284 to beneficial use.However, it is reasonably possible that rel-evant efforts or expenditures may havebeen overlooked or need further upwardadjustment. 5. Claim to make absolute:5.1. Name of Water Right: Cherry CreekReservoir Augmentation Pool, as de-scribed in paragraph 2.1 above. A. Date ofapplication to beneficial use: September12 and 13, 2013. B. Amount: 2,560 acre-feet. C. Type of use: Recreation, piscatori-al and wildlife, augmentation (includingaugmentation of evaporation from CherryCreek Reservoir), and exchange. D. Evid-ence that diversion was made in priority:On September 12 and 13, 2013, MemberCPW stored 2,560 acre-feet pursuant tothe Cherry Creek Reservoir Augmenta-tion Pool Water Right described in para-graph 2.1 above. The accounting forCherry Creek Reservoir during this timedemonstrates that this amount of waterwas diverted into storage in priority. Thecapture and storage of this water in-prior-ity storage provides a basis to make thiswater right absolute for all decreed typesof use. C.R.S. § 37-92-301(4)(e). 6. Nameand address of owner or reputed ownersof the land upon which any new diversionor storage structure, or modification to anyexisting diversion or storage structure is orwill be constructed or upon which water isor will be stored, including any modifica-tion to the existing storage pool: None.WHEREFORE, the Applicants respect-fully request that this Court enter a de-cree: (1) finding that the Applicants haveexercised reasonable diligence in the de-velopment of the above-referenced condi-tional water rights; (2) confirming that theabove-described conditional water rightsare part of an integrated water system andthat due diligence as to any one compon-ent constitutes due diligence on all partsof such system; (3) awarding the above-described absolute water right for theCherry Creek Reservoir AugmentationPool storage right described above; (4)continuing the remaining conditional wa-ter rights in full force as decreed, and forsuch other and further relief as this Courtdeems just and proper. (22 pages; includ-ing Appendix 1 – UCCWA Member Wellsand UCCWA Location Map)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
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DISTRICT COURT,WATER DIVISION 1,
COLORADODECEMBER 2013
WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3169 THE CITY OF AURORA,COLORADO, a municipal corporationof the Counties of Adams and Ar-apahoe Counties acting by and throughits Utility Enterprise (“Aurora”), 15151East Alameda Parkway, Suite 3600, Au-rora, Colorado 80012-1555.
Government Legals 13CW3169 THE CITY OF AURORA,COLORADO, a municipal corporationof the Counties of Adams and Ar-apahoe Counties acting by and throughits Utility Enterprise (“Aurora”), 15151East Alameda Parkway, Suite 3600, Au-rora, Colorado 80012-1555. AttorneysJohn M. Dingess, Esq., Austin Hamre,Esq., and Peter C. Johnson, Esq.,Duncan, Ostrander & Dingess, P.C., 3600S. Yosemite Street, Suite 500, Denver,Colorado 80237-1829, 303-779-0200. AP-PLICATION FOR GROUNDWATERRIGHTS, APPROPRIATIVE RIGHTS OFEXCHANGE, AND APPROVAL OF PLANFOR AUGMENTATION IN ADAMS ANDARAPAHOE COUNTIES. 2. Synopsis:Aurora seeks to replace out-of-priority de-pletions caused by groundwater being ex-posed by unlined gravel pits (hereinafterthe “Triple Creek Park Ponds”) located atthe Triple Creek Park located near theconfluence of Coal Creek, Murphy Creek,and Sand Creek. Aurora currently estim-ates the annual depletions will be 43.2acre-feet based on an exposed groundwater surface of approximately 18.9 acres.Aurora will replace such out-of-priority de-pletions at or above the point of depletion,or by the exercise of appropriative rightsof exchange to be confirmed herein fromlocations downstream of the points of de-pletion. Aurora claims a junior groundwa-ter right for the depletions that accrue tothe stream at times when no call senior toDecember 16, 2013 is in effect. Auroradoes not claim any water storage right inconnection with these gravel pits. A mapshowing the locations of Triple CreekPark, the Exchange-From points and oth-er points of release of substitute supply forthe plan for augmentation and the lawn ir-rigation return flow (“LIRF”) quantificationpoint is attached to the Application as Ex-hibit A. A map showing the location of theTriple Creek Park Ponds is attached to theApplication as Exhibit B. 3. ConditionalGroundwater Rights: 3.1. Legal Descrip-tions: 3.1.1. Triple Creek Park Pond A:The Centroid of Pond A is located in theSW1/4 of the NE1/4 of Section 11, Town-ship 4 South, Range 66 West of the 6thP.M., at a point 2,631 feet from the Eastsection line and 1,721 feet from the Northsection line of said Section 11, ArapahoeCounty, Colorado. 3.1.2. Triple CreekPark Pond B: The Centroid of Pond B islocated in the SW1/4 of the NE1/4 of Sec-tion 11, Township 4 South, Range 66West of the 6th P.M., at a point 2,513 feetfrom the East section line and 1,556 feetfrom the North section line of said Section11, Arapahoe County, Colorado. 3.1.3.Triple Creek Park Pond C: The Centroid ofPond C is located in the SW1/4 of theNE1/4 of Section 11, Township 4 South,Range 66 West of the 6th P.M., at a point2,391 feet from the East section line and1,717 feet from the North section line ofsaid Section 11, Arapahoe County, Color-ado. 3.1.4. Triple Creek Park Pond D:The Centroid of Pond D is located in theSW1/4 of the NE1/4 of Section 11, Town-ship 4 South, Range 66 West of the 6thP.M., at a point 1,640 feet from the Eastsection line and 1,631 feet from the Northsection line of said Section 11, ArapahoeCounty, Colorado. 3.1.5. Triple CreekPark Pond E: The Centroid of Pond E islocated in the SE1/4 of the NE1/4 of Sec-tion 11, Township 4 South, Range 66West of the 6th P.M., at a point 743 feetfrom the East section line and 1,965 feetfrom the North section line of said Section11, Arapahoe County, Colorado. 3.2. Ap-propriation Information: 3.2.1. Appropri-ation Date: December 16, 2013. 3.2.2.How Appropriation was Initiated: By ad-option of a resolution expressing Applic-ant’s intent on December 16, 2013, by en-gineering evaluations of the water avail-able for appropriation prior to the adop-tion of said resolution, by posting signsgiving notice of the appropriations com-mencing on December 3, 2013, and bythe drafting and filing of this application;3.2.3. Date of Application to BeneficialUse: N/A (Conditional); 3.2.4. Well Per-mit No.: 8696; 3.2.5. DRMS Permit No.:M1979189; 3.2.6. Source: Groundwatertributary to Coal Creek, Murphy Creek,and/or Sand Creek, tributary to the SouthPlatte River. 3.2.7. Amounts: 3.2.7.1 TripleCreek Park Pond A: Estimated 0.18 acrefeet per year; 3.2.7.2. Triple Creek ParkPond B: Estimated 0.66 acre feet peryear; 3.2.7.3. Triple Creek Park Pond C:Estimated 2.69 acre feet per year; 3.2.7.4.Triple Creek Park Pond D: Estimated26.61 acre feet per year; 3.2.7.5. TripleCreek Park Pond E: Estimated 13.02 acrefeet per year. 3.2.8. Uses: All uses neces-sary and incident to use of the TripleCreek Park Ponds for park and recreation-al purposes, which uses include but arenot limited to aesthetic, fire protection, fishand wildlife propagation, other piscatorialuses, wildlife and waterfowl habitat, incid-ental irrigation, and recreation. 4. Condi-tional Appropriative Rights of Exchange:4.1 Exchange-From Points: 4.1.1. Conflu-ence of Sand Creek and the South PlatteRiver: The confluence is generally loc-ated in the SE1/4 of the SW1/4 of Section1, T3S, R68W, of the 6th P.M., AdamsCounty, Colorado; 4.1.2. The Outfall of theAurora Sand Creek Wastewater Treat-ment Plant, also known as the SandCreek Water Reuse Facility, located onSand Creek in the NW1/4 of SE1/4 ofSection 26, T3S, R67W, 6th P.M, AdamsCounty, Colorado; 4.1.3. The quantifica-tion point for Aurora’s reusable LIRFs asdecreed in Case No. 02CW341, Water Di-vision 1. This quantification point is loc-ated at the USGS Sand Creek gauge,(Gauge SANCOMCO.394839104570300)on Sand Creek approximately 1,400 feetupstream of the confluence of Sand Creekand the South Platte River, in the NE1/4 ofthe NW1/4 of Section 12, T3S, R68W, or alocation at which such gauge may be relo-cated in the future; 4.1.4. The confluenceof Tollgate Creek and Sand Creek, loc-ated in the SE1/4 of the SW1/4 of Section25, T3S, R67W, 6th P.M., in AdamsCounty, Colorado; 4.2. Exchange-ToPoint: the uppermost point of depletionsfor Triple Creek Park Ponds described inparagraph 3 above. 4.2.1. In addition tothe specific Exchange-To point describedabove, Aurora may operate the subjectexchange from any of the Exchange-Frompoints described above to any intermedi-ate point within the subject exchangereach. 4.3. Sources of substitute supplyfor exchanges: 4.3.1. Any water derivedfrom the exercise of all water rights cur-rently owned by Aurora that is fully con-sumable or reusable from water sourcesdiverted from the Colorado River Basin,the Arkansas River Basin, and the SouthPlatte River Basin, or withdrawn from theDenver Basin Aquifers, as well as re-usable municipal effluent and quantifiedlawn irrigation return flows. A list of thewater rights currently owned by Aurora isattached to the Application as Exhibit C.4.3.2. Other water that is reusable, fullyconsumable, transmountain or historicalconsumptive use, or decreed for ex-change or augmentation purposes, thatAurora develops adjudicates, buys,leases, or otherwise acquires in the future,said rights being situated in the Colorado,Arkansas, and/or South Platte Riverbasins. 4.4. Exchange Rate: 0.18 c.f.s.,conditional. 4.5. Appropriation Date:December 16, 2013. 4.5.1. How Appropri-ation was Initiated: By adoption of a resol-ution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations commencing on Decem-ber 3, 2013, and by the drafting and filingof this application. 4.5.2 Date Water Ap-plied to Beneficial Use: Not applicable;the water rights claimed herein are condi-tional. 4.6. Uses: All uses necessary andincident to use of the Triple Creek ParkPonds for park and recreational purposes,which uses include but are not limited toaesthetic, fire protection, fish and wildlifepropagation, other piscatorial uses, wild-life and waterfowl habitat, incidental irriga-tion, and recreation. 5. Plan for Augmenta-tion: 5.1. Structures to be Augmented:5.1.1. Structure names: Triple Creek ParkPonds A-E, as described above. 5.1.2.Prior decree for these structures: none.5.2. Water Rights to be Used for Aug-mentation: 5.2.1. Aurora’s water rights, asdescribed in paragraph 4.3.1. 5.2.2. TripleCreek Park Well; 5.2.2.1. Original Decree:Case No. 94CW102, Water Division 1,Colorado; 5.2.2.2. Type of Water Right:Nontributary Groundwater; 5.2.2.3. WellPermit: 046423-F; 5.2.2.4. Legal Descrip-tion: A point 1700 feet from the North Sec-tion Line and 2500 feet from the East Sec-tion Line in the SW1/4 of the NE1/4 ofSection 11, T4S, R66W, 6th P.M.; 5.2.2.5.Source: Nontributary Groundwater fromthe Upper and Lower Arapahoe Aquifersand the Laramie-Fox Hills Aquifer; 5.2.2.6.Appropriation Date: N/A; 5.2.2.7. Amount:5.2.2.7.1. Upper Arapahoe: 9.7 acre-feetper year; 5.2.2.7.2. Lower Arapahoe: 11.9acre-feet per year*; 5.2.2.7.3. Laramie-Fox Hills: 15.9 acre-feet per year*; *Note:The Triple Creek Park Well was decreedto withdraw water from all three of the lis-ted aquifers, but the well currently with-draws water only from the Upper Ar-apahoe aquifer. 5.2.2.8. Uses: Use, re-use, and successive use to extinction formunicipal, domestic, industrial, agricultur-al, commercial, irrigation, stock watering,recreation, fish and wildlife, fire protection,augmentation, substitution, and exchange.Water may be withdrawn through the sub-ject well for immediate application to be-neficial use, for storage and subsequentapplication to beneficial use, for ex-change purposes, for replacement of de-pletions resulting from the use of waterfrom other sources and for all other aug-mentation purposes, including taking cred-it for all return flows as augmentation foror as offsets against out-of-priority tribu-tary depletions. 5.2.3. Water derived fromthe exercise of water rights Aurora ac-quires in the future, in accordance withC.R.S. § 37-92-305(8)(c). 5.3. CompleteStatement of Plan for Augmentation: Au-rora will determine the amount of net de-pletion caused by evaporation of ground-water exposed to the atmosphere at TripleCreek Park, as well as any consumptionresulting from the requested uses. Therate of depletion will vary seasonally, butis expected to average approximately 0.06c.f.s. over the course of a year. To the ex-tent such depletions accrue to the streamat times the water rights described inparagraph 3 above are in priority, the de-pletions will be attributed to that waterright. To the extent such depletions ac-crue to the stream out-of-priority, Aurorawill replace such depletions in time, place,and amount by leaving reusable LIRFs inthe stream, by withdrawing nontributarygroundwater from the Triple Creek ParkWell, by exchange up Sand Creek fromthe points identified in paragraph 4 above(including exchange of releases fromQuincy Reservoir) pursuant to the ex-changes confirmed herein, or by releaseof water from Aurora Reservoir and con-veyance of such water down Senac Creekto Coal Creek. When Aurora replacesout-of-priority depletion by release of wa-ter from Aurora Reservoir and/or QuincyReservoir and conveyance of such waterdownstream, Aurora will account for trans-it losses as assessed by the Division En-gineer or Water Commissioner. Aurora’ssources of substitute supply available dir-ectly and by exchange far exceed the rateof stream depletion from the Triple CreekPark gravel p i ts . 6. Name(s) andaddress(es) of owner(s) or reputedowner(s) of land: The owners of the aug-mented structures, points of diversion byexchange, and points of release of substi-tute supply identified above, are as fol-lows: 6.1. Triple Creek Park Ponds andTriple Creek Park Well: Aurora; 6.2. SandCreek Wastewater Treatment Plant: Au-rora; 6.3. Aurora Reservoir: Aurora; 6.4.Quincy Reservoir: Aurora; 6.5. SandCreek Gauge described in paragraph4.1.3 above: U.S. Geological Survey, Box25046, Denver Federal Center, Denver,CO 80225. (8 pages)
Government Legals
AttorneysJohn M. Dingess, Esq., Austin Hamre,Esq., and Peter C. Johnson, Esq.,Duncan, Ostrander & Dingess, P.C., 3600S. Yosemite Street, Suite 500, Denver,Colorado 80237-1829, 303-779-0200. AP-PLICATION FOR GROUNDWATERRIGHTS, APPROPRIATIVE RIGHTS OFEXCHANGE, AND APPROVAL OF PLANFOR AUGMENTATION IN ADAMS ANDARAPAHOE COUNTIES. 2. Synopsis:Aurora seeks to replace out-of-priority de-pletions caused by groundwater being ex-posed by unlined gravel pits (hereinafterthe “Triple Creek Park Ponds”) located atthe Triple Creek Park located near theconfluence of Coal Creek, Murphy Creek,and Sand Creek. Aurora currently estim-ates the annual depletions will be 43.2acre-feet based on an exposed groundwater surface of approximately 18.9 acres.Aurora will replace such out-of-priority de-pletions at or above the point of depletion,or by the exercise of appropriative rightsof exchange to be confirmed herein fromlocations downstream of the points of de-pletion. Aurora claims a junior groundwa-ter right for the depletions that accrue tothe stream at times when no call senior toDecember 16, 2013 is in effect. Auroradoes not claim any water storage right inconnection with these gravel pits. A mapshowing the locations of Triple CreekPark, the Exchange-From points and oth-er points of release of substitute supply forthe plan for augmentation and the lawn ir-rigation return flow (“LIRF”) quantificationpoint is attached to the Application as Ex-hibit A. A map showing the location of theTriple Creek Park Ponds is attached to theApplication as Exhibit B. 3. ConditionalGroundwater Rights: 3.1. Legal Descrip-tions: 3.1.1. Triple Creek Park Pond A:The Centroid of Pond A is located in theSW1/4 of the NE1/4 of Section 11, Town-ship 4 South, Range 66 West of the 6thP.M., at a point 2,631 feet from the Eastsection line and 1,721 feet from the Northsection line of said Section 11, ArapahoeCounty, Colorado. 3.1.2. Triple CreekPark Pond B: The Centroid of Pond B islocated in the SW1/4 of the NE1/4 of Sec-tion 11, Township 4 South, Range 66West of the 6th P.M., at a point 2,513 feetfrom the East section line and 1,556 feetfrom the North section line of said Section11, Arapahoe County, Colorado. 3.1.3.Triple Creek Park Pond C: The Centroid ofPond C is located in the SW1/4 of theNE1/4 of Section 11, Township 4 South,Range 66 West of the 6th P.M., at a point2,391 feet from the East section line and1,717 feet from the North section line ofsaid Section 11, Arapahoe County, Color-ado. 3.1.4. Triple Creek Park Pond D:The Centroid of Pond D is located in theSW1/4 of the NE1/4 of Section 11, Town-ship 4 South, Range 66 West of the 6thP.M., at a point 1,640 feet from the Eastsection line and 1,631 feet from the Northsection line of said Section 11, ArapahoeCounty, Colorado. 3.1.5. Triple CreekPark Pond E: The Centroid of Pond E islocated in the SE1/4 of the NE1/4 of Sec-tion 11, Township 4 South, Range 66West of the 6th P.M., at a point 743 feetfrom the East section line and 1,965 feetfrom the North section line of said Section11, Arapahoe County, Colorado. 3.2. Ap-propriation Information: 3.2.1. Appropri-ation Date: December 16, 2013. 3.2.2.How Appropriation was Initiated: By ad-option of a resolution expressing Applic-ant’s intent on December 16, 2013, by en-gineering evaluations of the water avail-able for appropriation prior to the adop-tion of said resolution, by posting signsgiving notice of the appropriations com-mencing on December 3, 2013, and bythe drafting and filing of this application;3.2.3. Date of Application to BeneficialUse: N/A (Conditional); 3.2.4. Well Per-mit No.: 8696; 3.2.5. DRMS Permit No.:M1979189; 3.2.6. Source: Groundwatertributary to Coal Creek, Murphy Creek,and/or Sand Creek, tributary to the SouthPlatte River. 3.2.7. Amounts: 3.2.7.1 TripleCreek Park Pond A: Estimated 0.18 acrefeet per year; 3.2.7.2. Triple Creek ParkPond B: Estimated 0.66 acre feet peryear; 3.2.7.3. Triple Creek Park Pond C:Estimated 2.69 acre feet per year; 3.2.7.4.Triple Creek Park Pond D: Estimated26.61 acre feet per year; 3.2.7.5. TripleCreek Park Pond E: Estimated 13.02 acrefeet per year. 3.2.8. Uses: All uses neces-sary and incident to use of the TripleCreek Park Ponds for park and recreation-al purposes, which uses include but arenot limited to aesthetic, fire protection, fishand wildlife propagation, other piscatorialuses, wildlife and waterfowl habitat, incid-ental irrigation, and recreation. 4. Condi-tional Appropriative Rights of Exchange:4.1 Exchange-From Points: 4.1.1. Conflu-ence of Sand Creek and the South PlatteRiver: The confluence is generally loc-ated in the SE1/4 of the SW1/4 of Section1, T3S, R68W, of the 6th P.M., AdamsCounty, Colorado; 4.1.2. The Outfall of theAurora Sand Creek Wastewater Treat-ment Plant, also known as the SandCreek Water Reuse Facility, located onSand Creek in the NW1/4 of SE1/4 ofSection 26, T3S, R67W, 6th P.M, AdamsCounty, Colorado; 4.1.3. The quantifica-tion point for Aurora’s reusable LIRFs asdecreed in Case No. 02CW341, Water Di-vision 1. This quantification point is loc-ated at the USGS Sand Creek gauge,(Gauge SANCOMCO.394839104570300)on Sand Creek approximately 1,400 feetupstream of the confluence of Sand Creekand the South Platte River, in the NE1/4 ofthe NW1/4 of Section 12, T3S, R68W, or alocation at which such gauge may be relo-cated in the future; 4.1.4. The confluenceof Tollgate Creek and Sand Creek, loc-ated in the SE1/4 of the SW1/4 of Section25, T3S, R67W, 6th P.M., in AdamsCounty, Colorado; 4.2. Exchange-ToPoint: the uppermost point of depletionsfor Triple Creek Park Ponds described inparagraph 3 above. 4.2.1. In addition tothe specific Exchange-To point describedabove, Aurora may operate the subjectexchange from any of the Exchange-Frompoints described above to any intermedi-ate point within the subject exchangereach. 4.3. Sources of substitute supplyfor exchanges: 4.3.1. Any water derivedfrom the exercise of all water rights cur-rently owned by Aurora that is fully con-sumable or reusable from water sourcesdiverted from the Colorado River Basin,the Arkansas River Basin, and the SouthPlatte River Basin, or withdrawn from theDenver Basin Aquifers, as well as re-usable municipal effluent and quantifiedlawn irrigation return flows. A list of thewater rights currently owned by Aurora isattached to the Application as Exhibit C.4.3.2. Other water that is reusable, fullyconsumable, transmountain or historicalconsumptive use, or decreed for ex-change or augmentation purposes, thatAurora develops adjudicates, buys,leases, or otherwise acquires in the future,said rights being situated in the Colorado,Arkansas, and/or South Platte Riverbasins. 4.4. Exchange Rate: 0.18 c.f.s.,conditional. 4.5. Appropriation Date:December 16, 2013. 4.5.1. How Appropri-ation was Initiated: By adoption of a resol-ution expressing Applicant’s intent onDecember 16, 2013, by engineering eval-uations of the water available for appropri-ation prior to the adoption of said resolu-tion, by posting signs giving notice of theappropriations commencing on Decem-ber 3, 2013, and by the drafting and filingof this application. 4.5.2 Date Water Ap-plied to Beneficial Use: Not applicable;the water rights claimed herein are condi-tional. 4.6. Uses: All uses necessary andincident to use of the Triple Creek ParkPonds for park and recreational purposes,which uses include but are not limited toaesthetic, fire protection, fish and wildlifepropagation, other piscatorial uses, wild-life and waterfowl habitat, incidental irriga-tion, and recreation. 5. Plan for Augmenta-tion: 5.1. Structures to be Augmented:5.1.1. Structure names: Triple Creek ParkPonds A-E, as described above. 5.1.2.Prior decree for these structures: none.5.2. Water Rights to be Used for Aug-mentation: 5.2.1. Aurora’s water rights, asdescribed in paragraph 4.3.1. 5.2.2. TripleCreek Park Well; 5.2.2.1. Original Decree:Case No. 94CW102, Water Division 1,Colorado; 5.2.2.2. Type of Water Right:Nontributary Groundwater; 5.2.2.3. WellPermit: 046423-F; 5.2.2.4. Legal Descrip-tion: A point 1700 feet from the North Sec-tion Line and 2500 feet from the East Sec-tion Line in the SW1/4 of the NE1/4 ofSection 11, T4S, R66W, 6th P.M.; 5.2.2.5.Source: Nontributary Groundwater fromthe Upper and Lower Arapahoe Aquifersand the Laramie-Fox Hills Aquifer; 5.2.2.6.Appropriation Date: N/A; 5.2.2.7. Amount:5.2.2.7.1. Upper Arapahoe: 9.7 acre-feetper year; 5.2.2.7.2. Lower Arapahoe: 11.9acre-feet per year*; 5.2.2.7.3. Laramie-Fox Hills: 15.9 acre-feet per year*; *Note:The Triple Creek Park Well was decreedto withdraw water from all three of the lis-ted aquifers, but the well currently with-draws water only from the Upper Ar-apahoe aquifer. 5.2.2.8. Uses: Use, re-use, and successive use to extinction formunicipal, domestic, industrial, agricultur-al, commercial, irrigation, stock watering,recreation, fish and wildlife, fire protection,augmentation, substitution, and exchange.Water may be withdrawn through the sub-ject well for immediate application to be-neficial use, for storage and subsequentapplication to beneficial use, for ex-change purposes, for replacement of de-pletions resulting from the use of waterfrom other sources and for all other aug-mentation purposes, including taking cred-it for all return flows as augmentation foror as offsets against out-of-priority tribu-tary depletions. 5.2.3. Water derived fromthe exercise of water rights Aurora ac-quires in the future, in accordance withC.R.S. § 37-92-305(8)(c). 5.3. CompleteStatement of Plan for Augmentation: Au-rora will determine the amount of net de-pletion caused by evaporation of ground-water exposed to the atmosphere at TripleCreek Park, as well as any consumptionresulting from the requested uses. Therate of depletion will vary seasonally, butis expected to average approximately 0.06c.f.s. over the course of a year. To the ex-tent such depletions accrue to the streamat times the water rights described inparagraph 3 above are in priority, the de-pletions will be attributed to that waterright. To the extent such depletions ac-crue to the stream out-of-priority, Aurorawill replace such depletions in time, place,and amount by leaving reusable LIRFs inthe stream, by withdrawing nontributarygroundwater from the Triple Creek ParkWell, by exchange up Sand Creek fromthe points identified in paragraph 4 above(including exchange of releases fromQuincy Reservoir) pursuant to the ex-changes confirmed herein, or by releaseof water from Aurora Reservoir and con-veyance of such water down Senac Creekto Coal Creek. When Aurora replacesout-of-priority depletion by release of wa-ter from Aurora Reservoir and/or QuincyReservoir and conveyance of such waterdownstream, Aurora will account for trans-it losses as assessed by the Division En-gineer or Water Commissioner. Aurora’ssources of substitute supply available dir-ectly and by exchange far exceed the rateof stream depletion from the Triple CreekPark gravel p i ts . 6. Name(s) andaddress(es) of owner(s) or reputedowner(s) of land: The owners of the aug-mented structures, points of diversion byexchange, and points of release of substi-tute supply identified above, are as fol-lows: 6.1. Triple Creek Park Ponds andTriple Creek Park Well: Aurora; 6.2. SandCreek Wastewater Treatment Plant: Au-rora; 6.3. Aurora Reservoir: Aurora; 6.4.Quincy Reservoir: Aurora; 6.5. SandCreek Gauge described in paragraph4.1.3 above: U.S. Geological Survey, Box25046, Denver Federal Center, Denver,CO 80225. (8 pages)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4614First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: The Englewood Herald
Public Notice
DISTRICT COURT,WATER DIVISION 1, COLORADO
DECEMBER 2013 WATERRESUME PUBLICATION
TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS
IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.
13CW3173 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir is a lined gravel pit. Amap showing the location of GilcrestReservoir is attached as Exhibit 1. 2.2.Use of Gilcrest Reservoir. Gilcrest Reser-voir, L.L.C. owns the structure referred toin this Application as “Gilcrest Reservoir.”Nothing in this Application shall be con-strued to create any right on the part ofACWWA or United to utilize land or struc-tures owned by others, including, but notlimited to, Gilcrest Reservoir and otherstructures or reservoirs for the diversion,carriage, or storage of water. ACWWAand United may not utilize any such landor structures until it has acquired the legalright to do so. 3. Name of the DiversionFacilities Used to Fill Gilcrest Reservoirand Outlet Structures. 3.1. GilcrestReservoir Points of Diversion. One pointof diversion for Gilcrest Reservoir will belocated adjacent to the Jay Thomas DitchDiversion Dam and will be located on theeast bank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado (referred toas the “South Diversion”). A second pointdiversion will be located on the SouthPlatte River downstream of the conflu-ence with the St. Vrain River in the NE1/4of the SW1/4 of Section 26, Township 4North, Range 67 West of the 6th P.M.,Weld County Colorado (referred to as the“North Diversion”). 3.2. Gilcrest Reser-voir Outlet Structures. Gilcrest Reservoirhas several outlets with the capability ofreturning water to the South Platte Riverat the following locations; (1) the SE1/4 ofthe NW1/4 of Section 2, Township 3North, Range 67 West of the 6th P.M.,Weld County, Colorado; (2) the NW1/4 ofthe NW1/4 of Section 35, Township 4North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (3) theSW1/4 of the NE1/4 of Section 26, Town-ship 4 North, Range 67 West of the 6thP.M., Weld County, Colorado. 4. Appro-priation Information. 4.1. Date of Appro-priation. September 13, 2013. 4.2. HowAppropriation Was Initiated. On Septem-ber 13, 2013, ACWWA initiated this appro-priation by diverting and storing free riverin Gilcrest Reservoir. On behalf ofACWWA, United leased 500 acre-feet ofstorage in Gilcrest Reservoir from GilcrestReservoir, LLC. Water stored in GilcrestReservoir under this appropriation will beused in ACWWA’s 2014-2015 SubstituteWater Supply Plan. ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation on November 13, 2013.4.3. Date Water First Applied to BeneficialUse. Not applicable. 5. Source of the Wa-ter. South Platte River. 6. AmountClaimed. 500 acre-feet, conditional, withone refill in the amount of 500 acre-feetper year conditional. 7. Uses. Applicantsseek a decree granting the right to use theabove-described conditional water right asfollows: 7.1. Directly or as a source of re-placement supply pursuant to the plan foraugmentation claimed in Case No.10CW306 for delivery to ACWWA’s ser-vice area from the ACWWA/ECCV WellField located in the Beebe Draw. 7.2. Fordelivery to recharge in the Beebe Drawpursuant to the recharge projects claimedin Case No. 10CW306 to include the con-ditional water right as an additional sourceof replacement water. 7.3. As a source ofsubstitute supply for the substitution andexchange sought in the application, as itmay be amended, in Case No. 09CW283,filed on behalf of ACWWA and United.7.4. Directly or as a source of replace-ment supply for the 70 Ranch Augmenta-tion Plan pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service area.7.5. Delivery to recharge on the 70 Ranchas claimed in Case No. 10CW306 to in-clude the conditional water right as an ad-ditional source of replacement water. 7.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Gilcrest Reservoir.Gilcrest Reservoir is owned by GilcrestReservoir, LLC, 9191 Towne CentreDrive, Suite 210, San Diego, CA 92122.8.2. Jay Thomas Diversion Dam. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy Inc., 1800 Lar-imer Street, Suite 1300, Denver, CO80202. The facility will only be used withthe permission of Public Service Com-pany. WHEREFORE, ACWWA and Unitedrequest that the Court enter a decreegranting the conditional water storageright, and for such other relief it deemsproper. (6 pages; 1 exhibit page)
Government Legals
United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir is a lined gravel pit. Amap showing the location of GilcrestReservoir is attached as Exhibit 1. 2.2.Use of Gilcrest Reservoir. Gilcrest Reser-voir, L.L.C. owns the structure referred toin this Application as “Gilcrest Reservoir.”Nothing in this Application shall be con-strued to create any right on the part ofACWWA or United to utilize land or struc-tures owned by others, including, but notlimited to, Gilcrest Reservoir and otherstructures or reservoirs for the diversion,carriage, or storage of water. ACWWAand United may not utilize any such landor structures until it has acquired the legalright to do so. 3. Name of the DiversionFacilities Used to Fill Gilcrest Reservoirand Outlet Structures. 3.1. GilcrestReservoir Points of Diversion. One pointof diversion for Gilcrest Reservoir will belocated adjacent to the Jay Thomas DitchDiversion Dam and will be located on theeast bank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado (referred toas the “South Diversion”). A second pointdiversion will be located on the SouthPlatte River downstream of the conflu-ence with the St. Vrain River in the NE1/4of the SW1/4 of Section 26, Township 4North, Range 67 West of the 6th P.M.,Weld County Colorado (referred to as the“North Diversion”). 3.2. Gilcrest Reser-voir Outlet Structures. Gilcrest Reservoirhas several outlets with the capability ofreturning water to the South Platte Riverat the following locations; (1) the SE1/4 ofthe NW1/4 of Section 2, Township 3North, Range 67 West of the 6th P.M.,Weld County, Colorado; (2) the NW1/4 ofthe NW1/4 of Section 35, Township 4North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (3) theSW1/4 of the NE1/4 of Section 26, Town-ship 4 North, Range 67 West of the 6thP.M., Weld County, Colorado. 4. Appro-priation Information. 4.1. Date of Appro-priation. September 13, 2013. 4.2. HowAppropriation Was Initiated. On Septem-ber 13, 2013, ACWWA initiated this appro-priation by diverting and storing free riverin Gilcrest Reservoir. On behalf ofACWWA, United leased 500 acre-feet ofstorage in Gilcrest Reservoir from GilcrestReservoir, LLC. Water stored in GilcrestReservoir under this appropriation will beused in ACWWA’s 2014-2015 SubstituteWater Supply Plan. ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation on November 13, 2013.4.3. Date Water First Applied to BeneficialUse. Not applicable. 5. Source of the Wa-ter. South Platte River. 6. AmountClaimed. 500 acre-feet, conditional, withone refill in the amount of 500 acre-feetper year conditional. 7. Uses. Applicantsseek a decree granting the right to use theabove-described conditional water right asfollows: 7.1. Directly or as a source of re-placement supply pursuant to the plan foraugmentation claimed in Case No.10CW306 for delivery to ACWWA’s ser-vice area from the ACWWA/ECCV WellField located in the Beebe Draw. 7.2. Fordelivery to recharge in the Beebe Drawpursuant to the recharge projects claimedin Case No. 10CW306 to include the con-ditional water right as an additional sourceof replacement water. 7.3. As a source ofsubstitute supply for the substitution andexchange sought in the application, as itmay be amended, in Case No. 09CW283,filed on behalf of ACWWA and United.7.4. Directly or as a source of replace-ment supply for the 70 Ranch Augmenta-tion Plan pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service area.7.5. Delivery to recharge on the 70 Ranchas claimed in Case No. 10CW306 to in-clude the conditional water right as an ad-ditional source of replacement water. 7.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Gilcrest Reservoir.Gilcrest Reservoir is owned by GilcrestReservoir, LLC, 9191 Towne CentreDrive, Suite 210, San Diego, CA 92122.8.2. Jay Thomas Diversion Dam. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy Inc., 1800 Lar-imer Street, Suite 1300, Denver, CO80202. The facility will only be used withthe permission of Public Service Com-pany. WHEREFORE, ACWWA and Unitedrequest that the Court enter a decreegranting the conditional water storageright, and for such other relief it deemsproper. (6 pages; 1 exhibit page)
THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.
Legal Notice No.: 4619First Publication: January 24, 2014Last Publication: January 24, 2014Publisher: Englewood Herald
Public Notice
NOTICE TO CREDITORS
Estate of Diana Sue Zimbelman,a/k/a Diana S. Zimbelman, Deceased
Case Number 2013PR30402
All persons having claims against the above-named estate are required to present them to the Personal Represen-tative or to the District Court of Arapahoe County, Colorado on or before May 14, 2014, or the claims may be forever barred.
/s/ Mark ZimbelmanMark Zimbelman
Personal Representative2465 Road 22
St. Francis, KS 67756
Legal Notice No.: 4639First Publication: January 24, 2014Last Publication: February 7, 2014Publisher: The Englewood Herald
Notice To Creditors “Trust Us!”
Noticesaremeant tobenoticed.Readyourpublicnoticesandget involved!
Without public notices,the government wouldn’thave to say anything else.Public notices are a community’s windowinto the government. From zoningregulations to local budgets, governmentshave used local newspapers to informcitizens of its actions as an essential partof your right to know.You knowwhere tolook, when to look and what to look for tobe involved as a citizen. Local newspapersprovide you with the information youneed to get involved.
Englewood Herald 25 January 24, 2014
25-Color
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Auctions
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for photos, map and auction detailscash & most credit cards accepted.
Instruction
PIANO LESSONS!Parker Location$25/half-hour
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Misc. Notices
Want To Purchaseminerals and other oil/gasinterests. Send details to:P.O. Box 13557Denver, CO 80201
Want To Purchaseminerals and other oil/gasinterests. Send details to:P.O. Box 13557Denver, CO 80201
Please Recycle this Publication when Finished
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VisitColoradoCommunityMedia.com
Farm Products & Produce
Grain Finished Buffaloquartered, halves and whole
719-775-8742
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MERCHANDISE
Bicycles
2013 top-shelf SpecializedS-Works Enduro FSR Carbon.
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Call 303-647-2475 or 720-323-2173
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96 in. 3 pc. home theater, WallBeautiful cherry finish
lighted side cabinets $400 OBO.303-384-9491
Health and Beauty
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PETS
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English Saddles under $100 ingreat condition (303)472-1350
Riding Horses Available -Boarding, leasing, lessons,Birthday Parties,Volunteering and Tours.Friends of Horses Rescue &Adoption 303-649-1155www.getahorse.org
Lost and Found
PLEASE HELP OUR FAMILY FINDOUR FAMILY PET HE IS A 7YEAR OLD MALE YORKIE. HEESCAPED FROM OUR BACK-YARD the area of 117th & Holly inThornton, HE ISN'T AN OUTSIDEDOG. WE ALLOWED HIM PLAYTIME SINCE IT WAS A NICE DAYAND IT NO TIME HE FOUND WAYOUT, HIS TAGS WERE HANGINGON THE FENCE, SO HE HAS NOTAGS. HE ISN'T GROOMED SOHE IS LONG HAIR MESSY LOOK-ING LIKE A BLACK/TAN/GRAYFEATHER DUSTER. HE ISFRIENDLY, BUT NEEDS MEDICA-TIONS FOR SEIZURES AND IN-JECTIONS FOR OTHER MEDIC-AL PROBLEMS, NEEDS SPECIALPRESCRIPTION DOG FOOD ORCOULD CAUSE SEVERE ALLER-GIC REACTION. OUR FAMILYBROKEN HEARTED MISSINGOUR FAMILY MEMBER. WE AREOFFERING $200 REWARD NOQUESTIONS ASKED. WE ARESURE SOMEONE TOOK HIM TOKEEP HIM SAFE. SIZE IS NOTTEA CUP BUT SMALL 4-5POUNDS ABOUT 7 INCHES TALLAND 12 INCHES 303-704-5801
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hours will vary- start around noon15-20 hrs a week
303-424-9600
Classic/Antique Cars
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Colorado Statewide Classified Advertising Network
To place a 25-word COSCAN Network ad in 84 Colorado newspapers for only $250, contact your local newspaper or call SYNC2 Media at 303-571-5117.
HELP WANTED25 DRIVER TRAINEES NEEDED! Learn to drive for Swift Trans-portation at US Truck. Earn $750 per week! CDL & Job Ready in 3 weeks!1-800-809-2141
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A/P Payroll ClerkFull-time position available. Payroll and accounts payable accounting
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Start a new chapter.
4570
4
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TO APPLY:1. Go to www.excelpersonnel.com2. Complete the application including your job history3. Once completed, call Excel Personnel at 303-427-4600
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Help Wanted
Caregivers to provide in-homecare to senior citizens who need
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Call Today 303-736-6688www.visitingangels.com
/employment
Chatfield State Parkis now accepting applications
for all positions.Contact office (303)791-7275,
or online at www.parks.state.co.us
Help Wanted
CyberSource Corporation, a VisaInc. company, currently has
openings in our Highlands Ranch,Colorado location for Systems
Support Engineers (Job# 140188)to provide second level support ofmultiple 3rd party products (tools)used for Systems Management,Network Monitoring and SystemMonitoring. Responsible for
enhancements, configurationchanges, application patches orfixes for various monitoringproducts. Apply online atwww.visa.com & reference Job#.EOE
Drivers wanted to transportrailroad crews in the
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EARN UP TO $150 DAILY -Independent contract driversneeded to deliver flowers forMother's Day holiday. Must useyour own vehicle and provideMVR, insurance & license. Con-tact Mike at (720) 229-6800.
Floral DesignersNeeded
Experienced floral designersneeded for this
Valentine's Day seasonCall (303) 242-7050
Part Time Commercial Lines CSRposition available for a fast pacedIndependent Insurance Agencylocated in Castle Rock.Email cover letter and resumeto [email protected]
GAIN 130 LBS!Savio House needs foster
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or visit saviohouse.org.
Instructional Specialist forArapahoe Community College(Littleton, CO). Dvlp instructionalmaterial incorporating current
technology. Reqs: Master's deg. inInstructional Dsgn. 6 mos. exp. Seefull details at:www.arapahoe.edu/about-acc/
job-opportunities. Mail resume toTheresa Bryant, Arapahoe Com-munity College, 5900 S. Santa FeDr., Littleton, CO 80160.
Keep Kids Together
Abused and neglectedbrothers and sisters are often
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Call Tracy Stuart303/225-4152
LEGITIMATE WORKAT HOME
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The Town of Larkspur isseeking to hire a full time publicworks - maintenance person tomaintain town facilities including
roads, parks, buildings, andother town properties, and
perform handyman services, i.e.mechanical, carpentry, electrical,
and plumbing as required.Hourly salary based on
qualifications and experience.Send resume to
TOL, P.O. Box 310Larkspur, CO 80118FAX 303-681-2325
For questions regarding thisposition call
Town Hall at 303-681-2324
MedicalNurse LPN, MA or RN
part-time 25-30 hours per weekMonday, Wednesday, Friday
Hours 8:30-5:30.Some Saturdays 9-1pm.
Fun/Busy Pediatric office nearPark Meadows area and Castle
Rock location. Please faxresume to 303-689-9628 or email
ClericalPart time, temporary tax season
clerical position for local CPA firm.Email resume to
Supervisor of HistologyFull-Time for AmeriPath located
in Arvada, CO:AmeriPath, is a national leaderprovider of cancer testing with
Anatomic Pathology andMolecular Diagnostics expertise.
The supervisor would beresponsible for the day-to-day
operations of the Histologylaboratory and supervision of the
technical and support staff.In conjunction with the
Department Manager, ensuresthat all departmental policies andprocedures meet the standards
of current state andfederal regulations.
Please apply on-line atwww.questdiagnostics.com to
job opening 3721930. EOE
26 Englewood Herald January 24, 2014
26-Color
REAL EST TEREAL EST TE Advertise: 303-566-4100REAL EST TEREAL EST TEREAL EST TEREAL EST TEREAL EST TEREAL EST TE
Advertise: 303-566-4100OurColoradoClassifieds.com
Advertise: 303-566-4100CAREERSCAREERS
NOW HIRING POLICE OFFICERSThe City of Black Hawk, two (2) vacancies for POLICE OFFICER I. Hiring Range: $53,959 - $62,052 DOQ/E. Unbelievable benefit package and exceptional opportunity to serve in Colorado’s premiere gaming community located 18 miles west of Golden. The City supports its employees and appreciates great service! If you are interested in serving a unique historical city and enjoy working with diverse populations visit the City’s website at www.cityofblackhawk.org/goto/employee_services for more information or to apply online for this limited opportunity. Requires High School Diploma or GED, valid Colorado driver’s license with a safe driving record, must be at least 21 years of age, and must be Colorado POST certified by date of hire. The City accepts online applications for Police Officer positions year round. Applications will remain active for one (1) year from the date of submission. EOE.
SeekingThe Castle Pines North Metropolitan District is accepting applications for the full-time position of Parks and Open Space Manager. Under the general supervision of the District Manager, plans, schedules, coordinates, and supervises the work of crews performing landscaping, turf maintenance, tree maintenance and repair projects of District owned parks and Open Spaces and trails. Oversees and evaluates the Community Center building maintenance, trails, and all storm water ponds the District is responsible to maintain. Serves as District representative in all new projects assigned to Parks and Open Space. Plans and coordinates the Districts water conservation program, and holds community events to present the program orally and to encourage the proper use of water. Produces educational and promotional publications as required. For the full job description and desired qualifications please see our website at www.cpnmd.org
ApplyApplicants are encouraged to submit examples of conservation programs, community outreach communications or other examples of community based programs that they have developed or have been in charge of. Salary is commensurate with experience.
Castle Pines North Metro District is a special district that was established in 1984. The Metro District provides water, wastewater and storm water services and oversees the District-owned parks, trails and open spaces within the community. The Metro District currently serves the Castle Pines North population of nearly 10,000, and has more than 3,200 residential and business customers. Website: www.cpnmd.org
Parks and Open Space Manager
Employment Opportunities
PLEASE SUBMIT LETTER OF INTEREST AND RESUME TO:Mail: Castle Pines North
Metropolitan DistrictAttn: Jim Nikkel, District Manager
7404 Yorkshire Dr. Castle Pines, CO 80108
E-mail: [email protected]
ApplicationDeadline: FEBRURY 10, 2014
Help Wanted
Monarch Investment &Management Company
Franktown, COWe are a growing multifamily real
estate investment andmanagement company located inFranktown, CO seeking multiple
positions in ouraccounting Department.
We are seeking motivated teamplayers with a strong work ethic
and a strong working knowledge ofaccounting processes.
Staff AccountantB.S. Degree required, 2 years’
experience preferred Accounting Clerk
Strong working knowledge of over-all accounting process
preferred Accounts Payable
1 to 2 years of A/P experience pre-ferred
Salaries commensuratewith experience.
Please fax resume with coverletter to:
303-688-8292email to:
Wanted:29 Serious People to
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303-503-3619HomeSmart Realty
A 5280 Top REALTOR
Specializing in residential real estate in the Castle Rock area. If you are ready to buy your new home or ready to sell your current home, please contact me. Thank you, Mark W. SimpsonBroker AssociateCherry Creek Properties, LLC. 303 [email protected]
Cemetery Lots
City of GoldenCemetery Plot
Beautiful single plot or 2 cremainsDesirable location (sold out)
IOOF Section. $1700.(970)224-0400.
Condo/Townhomes
TOWNHOME, Littleton$ 255,000.
5930 S. WRIGHT COURT2 Beds, 3 Baths, 2 car Gar,
1,436 Fin. Sq. Ft. + 681unfin. bsmt., cul de sac,smoke free & pet free
LEINO PROPERTIES, LLC303-888-3773
Senior Housing
OPEN HOUSESaturday, January 25th
11am - 3pmGrandView of Roxborough
Luxury Senior Community inLittleton
Lock in Pre-construction Pricing!Exclusive Opportunity to Own!6265 Roxborough Park Rd
303-744-8000Refreshments will be served.
www.grandviewlife.com
Apartments
1 BedroomArvada - 2 blocks
from Olde Town
Onsite Laundry, Off-streetParking
Minutes from I-70RestaurantsShopping,
Transportation$650/month
Incl. Heat, Water, Electric, Trash
Quiet, Cleansix-unit bldg.
Non-smoking, Creditand Criminal
Background Check(720) 635-3265
Arvada 2 bedroom apartment in a 6unit. Heat & Water Paid, $800 amonth, 8990 West 63rd. NO Pets.Call Maggie at 303-489-7777
Office Rent/Lease
Central Wheatridge Office3760 Vance 1200 sq/ft
2 offices & Conference roomCall Dan Beaton RMR
303-423-7750
VARIOUS OFFICES100-2,311 sq.ft. Rents from
$200-$1750/month.Full service.
405-409 S Wilcox Castle Rock
Wasson Properties 719-520-1730
MARKETING CONSULTANTCandidate must be able to sell multiple products to individual clients in a fast paced environment. Candidate will be responsible for a geographical territory handling current accounts while growing new business. Newspaper sales background a plus but not required. This is a full time position eligible for benefi ts.Send cover letter and resume to: [email protected].
ADMINISTRATIVE ASSISTANTAssist circulation department with data entry into circulation system, maintain carrier fi les and distribution lists, call subscribers for subscription renewals and additional duties as needed. Position requires approximately 20 hours/week and is located in the Highlands Ranch offi ce.Send cover letter and resume to: [email protected].
EDITORIAL PAGE DESIGNERPosition is responsible for assembling editorial pages in each of our 22 community newspapers. Will be working with editors in multiple offi ces, editorial background and/or knowledge of AP style a plus. Some special section page layout projects will be assigned along with photo toning and preparing weekly newspapers for press. Bachelor degree or two years working experience in a design or news room environment required. Profi ciency in InDesign and Photoshop in a Mac environment a must. Ideal candidate is able to work in a demanding deadline environment, will possess great communication skills and have an acute attention to detail.Send cover letter, resume and three samples of your work to:[email protected].
Join the Team
ColoradoCommunityMedia.com
Colorado Community Media, publishers of 22 weekly newspapers and websites is seeking to fi ll the following position.
Colorado Community Media offers competitive pay and benefi ts package.
No phone calls please.*Not all positions eligible for benefi ts.
Englewood Herald 27 January 24, 2014
27-Color
REAL EST TEREAL EST TE Advertise: 303-566-4100REAL EST TEREAL EST TEREAL EST TEREAL EST TEREAL EST TEREAL EST TE
Advertise: 303-566-4100OurColoradoClassifieds.com
SeekingThe Castle Pines North Metropolitan District is accepting applications for the full-time position of Parks and Open Space Manager. Under the general supervision of the District Manager, plans, schedules, coordinates, and supervises the work of crews performing landscaping, turf maintenance, tree maintenance and repair projects of District owned parks and Open Spaces and trails. Oversees and evaluates the Community Center building maintenance, trails, and all storm water ponds the District is responsible to maintain. Serves as District representative in all new projects assigned to Parks and Open Space. Plans and coordinates the Districts water conservation program, and holds community events to present the program orally and to encourage the proper use of water. Produces educational and promotional publications as required. For the full job description and desired qualifications please see our website at www.cpnmd.org
ApplyApplicants are encouraged to submit examples of conservation programs, community outreach communications or other examples of community based programs that they have developed or have been in charge of. Salary is commensurate with experience.
Castle Pines North Metro District is a special district that was established in 1984. The Metro District provides water, wastewater and storm water services and oversees the District-owned parks, trails and open spaces within the community. The Metro District currently serves the Castle Pines North population of nearly 10,000, and has more than 3,200 residential and business customers. Website: www.cpnmd.org
Parks and Open Space Manager
Employment Opportunities
PLEASE SUBMIT LETTER OF INTEREST AND RESUME TO:Mail: Castle Pines North
Metropolitan DistrictAttn: Jim Nikkel, District Manager
7404 Yorkshire Dr. Castle Pines, CO 80108
E-mail: [email protected]
ApplicationDeadline: FEBRURY 10, 2014
Businesses for Sale/Franchise
Randy Spierings CPA, MBANMLS 217152
9800 Mt. Pyramid Court, Ste. 400 • Englewood, CO 80112
Call 303-256-5748 NowOr apply online at www.bestcoloradomortgages.com
The Local Lender You Can “Trust”
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* Only one o�er per closing. O�er expires 2/28/14. A Best Buy gift card for $500 will be given after closing andcan be used toward purchase of a 50 inch TV or any other Best Buy products. Program, rates, terms and conditions
are subject to change without notice. Regulated by the Division of Real Estate. MLO 100022405
Office Rent/Lease
VARIOUS OFFICES100-2,311 sq.ft. Rents from
$200-$1750/month.Full service.
405-409 S Wilcox Castle Rock
Wasson Properties 719-520-1730
Room for Rent
GOLDEN/APPLEWOODClean, furn ranch, $310
w/ldy + $50 utilitiesNS/NP. ST/LT lease
303.279.5212 /847.763.1701
Roommates Wanted
Roommates Wanted
HOUSEMATE WANTED-ParkerStroh Ranch. Lower level,
priv bath/closet.Share util.
$600 mo/s.d.BKGD/Credit. 720-280-1664
Male to share home w/sameBelmar area
$700/ $300 dep. +half utilities720-297-6318
Your Community Connectorto Boundless Rewards
We are community.
Please Recycle this Publication when Finished
For Local News,Anytime of the Day
VisitColoradoCommunityMedia.com
ColoradoCommunityMedia.com 303-566-4100
Local Focus.More News.
22 newspapers & websites. Connecting YOU to your LOCAL community.
Adult Care
Dedicated to Life and LivingRehabilitation experts providing opportunities that lead to independence
1297 S. Perry St.Castle Rock, Colorado 80104
303-688-2500 telephone303-688-2600 fax
Handyman
Advertise: 303-566-4100
Appliance Repair
Goodmansappliance
RepaiRExpert Appliance Repairmention this ad and receive $25 Off Any Repair
Call or Text 303-828-6111www.GoodmansAppliance.com
Carpet/Flooring
Thomas Floor Covering
303-781-4919
~ Carpet Restretching~ Repair ~Remnant Installs
Residential & Commercial
In home carpet& vinyl sales
Cleaning
Ali’s Cleaning Services
Call Ali @ 720-300-6731
Residential and Commercial Cleaning• 15yrs experience• Detailed,Honest,Dependable
•WindowCleaning• Insured&Bonded•Great Customer Service
• DepenDable •• Thorough •
• honesT •
12 yearsexperience.
Great References
Full Home Cleaning
Special Offer for first cleaning!
303-495-0300 Dependable, Free estimates
Superior Housecleaning at extremely reasonable rates!
• Weekly• Biweekly• Monthly
• Move-in• Move-out• Special
Occasion
A continental flairDetailed cleaning at reasonable rates.
720.283.2155ReferencesAvailable
Honest & Dependable
Residential • CommercialMove Outs • New Construction
ESSENTIALCLEANING
Perfectly thorough cleaningfor your home. Independent
W/ 16 yrs experiencePlenty of Refs.
Please call Jaimie for yourfree phone estimate. 303-594-2784
Just Details Cleaning ServiceWhen “OK”Just isn’t good enough
-Integrity & Quality Since 1984For more information visit: JustDetailsCleaningService.comCall Rudy303-549-7944 for free est.
Concrete/Paving
Deck/Patio
UTDOOR ESIGNS, INC
“Specializing in Composite Redwood and Cedar
Construction for Over 30 Years”• Decks • Fences • Stairs • Overhangs •
303-471-2323
www.decksunlimited.com
720-635-0418Littleton
Denver’s PremierCustom Deck Builder
FREE ESTIMATES
BEST PRICES30+ years experienceClem: 303-973-6991
Drywall
PAUL TIMMConstruction/Repair
DrywallServing Your Area
Since 1974303-841-3087 303-898-9868
Drywall FinishingMike Martis, Owner
35 Years ExperiencePatches • Repairs • Texturing
Basements • Additions • Remodels• Painting & Wallpaper Removal
(303)988-1709 cell (720)373-1696www.123drywall.com
We AcceptAll Major
Credit Cards
A PATCH TO MATCHDrywall Repair SpecialistDrywall Repair Specialist
• HomeRenovationandRemodel
• 30-YearsExperience• Insured• Satisfaction
Guaranteed• Paintinginterior/exterior
Highly rated & screened contractor byHome Advisor & Angies List
Call Ed 720-328-5039
S&E Dr y w a l l I n c .• Specializing removal of popcorn
ceilings & patches• No job is too big or too small• Personal attention & quality
workmanship
Shawn EvanSOwner
720-331-0314Sanders Drywall Inc.
All phases to include
Acoustic scrape and re-textureRepairs to full basement finishes
Water damage repairsInterior paint, door & trim installs
30+ years experienceInsured
Free estimatesDarrell 303-915-0739
Electricians
Electricians
HIGHLANDS HOMEIMPROVEMENT, INC.
303-791-4000
FREE EstimatesA+
General Repair & RemodelPaul Boggs Master Electrician
Licensed/Insured/Guaranteed
Affordable Electrician25 yrs experience
Remodel expert, kitchen,basements, & service panel
upgrades.No job too small. Senior disc.
720-690-7645
Fence Services
Cowboy Fencing is a full service fence& gate company installing fences in
Colorado for 23 years.Residential/Commercial/Farm & Ranch Fencing
Low rates, Free estimates
Scott, Owner - 720-364-5270D & D FENCING
Commercial & ResidentialAll types of cedar, chain link, iron,
and vinyl fences. Install andrepair. Serving all areas.
Low Prices.FREE Estimates.720-434-7822 or
303-296-0303
Garage Doors
Owner Operated
Service & RepairSprings, Cables, Openers, etc…
10% Off with thiS adCall or text anytime
303-716-0643
GreGorGaraGe
Door
www.mikesgaragedoors.com(303) 646-4499
For all your garage door needs!
• Springs, Repairs • New Doors and Openers • Barn and Arena Doors • Locally-Owned & Operated• Tom Martino’s Referral List 10 Yrs • BBB Gold Star Member Since 2002
Handyman
DeSpain’s Home SolutionS
DepenDable, Reliable SeRvice
Over 30 Years ExperienceLicensed & Insured
Solving All your Remodeling & Repair Problems – Just Ask!
Eric DeSpain 303-840-1874
HIGHLANDS HOMEIMPROVEMENT, INC.
303-791-4000
FREE EstimatesA+
General Repair & Remodel“We Also Specialize in Electrical Projects”Licensed/Insured/Guaranteed
AFFORDABLEHANDYMANAFFORDABLEHANDYMANCarpentry • Painting Tile • Drywall • Roof RepairsPlumbing • ElectricalKitchen • BasementsBath RemodelsProperty Building Maintenance
Free Estimates • ReliableLicensed • Bonded Insured • Senior Discount
No Service in Parker or Castle Rock
Ron Massa Office 303-642-3548Cell 720-363-5983
28 Englewood Herald January 24, 2014
28-Color
PROFESSIONAL SERVICES GUIDE
To advertise your business here, callKaren (client names A-I) 303-566-4091 • Viola (client names J-Z) 303-566-4089
Advertise: 303-566-4100
Licensed and InsuredCall Us Today! 720-545-9222
STAIRLIFTS INSTALLEDwith Warranty
Starting at $1575 dirty jobs done dirt cheap
720-308-6696www.askdirtyjobs.com
Free phone QuotesResidential/Commercial * Water Heaters
Drain Cleaning * Remodel * Sump PumpsToilets * Garbage Disposals
Drain Cleaning & Plumbing Repairs
Quality Cleaning ServicesResidential House CleaningMove In / Move Out Clean
Melaleuca EcoSense Products Bonded & Insured / Work Guaranteed720-441-5144
Bloomin’ Broom QCS, LLC
www.bloominbroom.com • [email protected]
All orders receive3 placementsevery time.
22 community papersand websites
Over 400,000 readers
Print Placementand listing in our
ad index
OnlineE-Edition
with hot links
Listing onShopLocalColorado.com
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Entertainment
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� e Elbert County News is made possible thanksto our local advertisers. When you spend yourdollars near your home – especially with theseadvertisers – it keeps your community strong,prosperous and informed.
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303-566-4100
Handyman
“HONEY-DO’S DONE… THAT YOUR HONEY
DON’T DO.”
JIM 303.818.6319
— SMALL JOBS INSIDE AND OUT —
INSURED!
Victor’sHandyman Service
• carpentry • painting • general home repair
• over 30 years experience
Call (720) 541-4625for a free estimate
• satisfaction guaranteed •
HOME REPAIRS & REMODELING• Drywall • Painting • Tile • Trim
• Doors • Painting • Decks • BathRemodel • Kitchen Remodels• Basements & Much More!
Call Today for a FREE ESTIMATE303-427-2955
HOME REPAIRS
INSIDE: *Bath *Kitchen's*Plumbing *Electrical, *Drywall
*Paint *Tile & Windows
OUTSIDE: *Paint & Repairs*Gutters *Deck's *Fence's *Yard
Work *Tree & Shrubberytrimming & clean upAffordable Hauling
Call Rick 720-285-0186
Hardwood Floors
independentHardwood Floor Co, LLC
• Dust Contained Sanding• New or Old Wood
• Hardwood Installationinsured/FRee estimates
Brian 303-907-1737
Hauling Service
HAULING*Dependable*Affordable*
*Prompt Service*
Foreclosure and RentalClean Outs
Garage Clean OutsFurniture
Appliances
Free Estimates720-257-1996
• Home • Business • Junk & Debris• Furniture • Appliances
• Tree Limbs • Moving Trash • Carpet• Garage Clean Out
Call Bernie 303.347.2303
Free estimates7 days a Week
Instant Trash HaulingInstant Trash Haulingtrash hauling
Dirt, Rock, Concrete, Sod & Asphalt
Home Improvement
HIGHLANDS HOMEIMPROVEMENT, INC.
Licensed/Insured
General Repair, Remodel, Electrical,Plumbing, Custom Kitchen & Bath,Tile Installation & Basement Finish
303-791-4000FREE Estimates
For ALL your Remodeling& Repair Needs A+
Lawn/Garden Services
PROFESSIONALOUTDOOR SERVICESTREES/ SHRUBS TRIMMED
Planted, Trimmed & Removal• Sod Work • Rock & Block Walls • Sprinklers
• Aeration • Stumps Ground • MulchLicensed / Insured
DICK 303-783-9000
Painting
Painting
• Honest pricing •• Free estimates •
We will match any written estimate!Same day service!
No job too small or too big!
303-960-7665
BB PAINTINGInterior and Exterior
Interior Winter Specials
Small jobs or largeCustomer satisfaction
#1 priority
Call Bert for FREE ESTIMATE303-905-0422
Paint or Fix Up Now$500 OFF - Complete
Interior or ExteriorExpert Painting - Family Business- Low Holiday Prices - Handyman or Remodel
Free EstimatesImaginePainting.net
(303) 249-8221Mike’s Painting & Decorating
• Interior/Exterior• 35yearsexperienceinyourarea
• A-RatingwithBBB• FullyInsured
• Idotheworkmyself• Nojobtosmall
303-797-6031
SchaumburgCustom Painting
303-840-1183720-312-1184
• Interior • Exterior• Winter Special Discount Prices
$400 Off Complete Interior or Exterior Paint Job
No Job Too Big or Too SmallCall For Your Free Quote
720-312-1184www.schaumburgpainting.com
Plumbing
Residential: • Hot Water Heat • Forced Air
• Water Heaters • Kitchens • Baths • Service Repair •
Sprinkler Repair •
AnchorPlumbing
(303) 961-3485Licenced & Insured
Plumbing
Plumbing
• Allplumbingrepairs&replacement
•Bathroomremodels
• Gaspipeinstallation
• Sprinklerrepair
Bryon JohnsonMaster Plumber
~ Licensed & Insured ~
303.979.0105
Plumb-Crazy, LLC.“We’re Crazy About Plumbing”
ALAN ATTWOOD, Master Plumber
PH: 303-472-8217 FX: 303-688-8821
CUSTOM HOMESREMODEL
FINISHED BASEMENTSSERVICE AND REPAIR
Licensed • Insured
RALPH’S & JOE’S AFFORDABLE
Your experienced Plumbers.
Insured & Bonded
Family Owned & Operated. Low Rates.
Remodeling
PENA’S REMODELING
NEW SIDING AND REPAIRWINDOW/DOOR INSTALLATION
cARPENTRy WORkLIcENSED AND INSuRED
DOING OUR BEST, FOR YOUR HOME
720-390-6144Roofing/Gutters
All Types of RoofingNew Roofs, Reroofs, Repairs & Roof Certifications
Aluminum Seamless GuttersFamily owned/operated since 1980
Call Today for a FREE Estimate • Senior Discounts
(303) 234-1539www.AnyWeatherRoofing.com • [email protected]
Tile
Thomas Floor Covering
~ Vinyl
303-781-4919FREE Estimates
~ All Types of Tile~ Ceramic - Granite
~ Porcelain - Natural Stone
26 Years Experience •Work Warranty
Tree Service
ABE’S TREE& SHRUB
CAREAbraham SpilsburyOwner/Operator
• Pruning • Removals • Shrub Maintenance
• FreeEstimates
720.283.8226C:720.979.3888
Certified Arborist,Insured, Littleton Resident
Oak ValleyConstructionServing Douglas
County for 30 years
H BathroomH BasementsH KitchensH DrywallH Decks
CALL 303-995-4810Licensed & Insured
www.oakvalleyconstruction.com
BASEMENTS | BATHROOMS | KITCHENSServing Douglas County for 30 Years
Licensed & InsuredCall Ray Worley303-688-5021
Your Community Connectorto Boundless Rewards
We are community.
Please Recycle this Publication when Finished
For Local News,Anytime of the Day
VisitColoradoCommunityMedia.com