november, 2000 resume to all persons interested in … · november, 2000 resume november2000.doc :1...

November, 2000 Resume

NOVEMBER2000.DOC:1 1

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1:Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume ofapplications and amended applications filed in the office of the Water Clerk for Water Division No. 1during the month of November, 2000.

2000CW203 HAROLD M. AND VERNA L. SIGG, 2337 Ranchero Road, Longmont, CO 80504.Application for Water Storage Right, IN LARIMER COUNTY. Coyote Ridge Pond-The center of thedam is located approximately 500’ N of the S section line and 2000’ W of the E section line in theSW1/4SE1/4, S33, T4N, R69W, 6th P.M. The Ditch is used to fill the reservoir is an existing farm lateraloff the Upper Highland Ditch, with its headgate located approximately 950’ N of the S section line and400’ W of the E section line in the SE1/4SE1/4, S33, T4N, R69W, 6th P.M. Source: St. Vrain Creek, atributary of the S Platte River. Appropriation: 9/4/1955. Amount claimed: 13 a/f If off-channel reservoir,rate of diversion in cfs for filling the reservoir: 2 cfs. Use: 10 acres historically irrigated;10 acres proposedto be irrigated. Irrigation of approximately10 acres located in the S1/2SE1/4, S33, T4N, R69W, 6th P.M. Ifnon-irrigation describe purpose fully: In addition to irrigation, wildlife and fish habitat, recreation, stockwatering. (3 pages)

2000CW204 JAMES A. AND MARGARET E. FREEMAN, 5751 N. County Road 27, Loveland,CO 80538. Application for Underground Water Right, IN LARIMER COUNTY. Freeman Well#69978 is located in the SW1/4SW1/4, S26, T6N, R70W, 6th P.M. at distances of 660’ from the S sectionline and 700’ from the W section line. Source: groundwater Depth: 510’ Appropriation: 6/14/1973Amount claimed: 15 gpm Proposed use: Irrigation of no more than one acre, houses served: one currently;one additional in future, livestock-5 head (2 pages)

2000CW205 Surrey Ridge Homeowners’ Association, James A. Abel, Daniel E. & Carol F.Adler, Leonard G. & Verne L. Anderson, Douglas A. & Lindsay M. Andrews, Jon R. & SusanT. Art, Karl J. & Dawn M. Bakke, James E. & Sara B. Ball, James D. & Wendy S. Banker,David F. Banko & Joan D. Levine, Rollin D. & Patricia R. Barnard, Edwin P. Belknap, RogerW. & Katherine M. Benoit, Dene & Robert A. Bettmeng, Linda Beutner, Alison L. Biggs, TerryJ. & Cindy J. Boger, Evelyn R. Boller, John A. & Sharon M. Braddock, David D. & Cheryl L.Bradley, Edmund & Susanne Brant, Rudolf & Nita A. Bratt, Kristine H. & Richard S., Jr.Brindle, D. Jeffrey Brothers & Elizabeth C. Rogers, Donald G. & Barbara E. Brown, Shirley F.Brown, Evelyn L. & Albert E. Brust, Bruce H. and Stephanie L. Bryant, Linda J. Burton &Doris L. Mason, Nancy Byers, Judith L. & Calvin L. Campbell, Gabrielle A. & Jerry E.Cardwell, Timothy D. & Carol Ann Chastain, Milton R. & Rebecca Chisum, Tyrone M. Clark &Julie A. Hackett,Debra S. Clark, Clifford N. & Anna L. Crowe Trust, Gary L. & Ellen G. Cook,Corner Store Homes, Inc., Broc Cote & Susan Holladay, Gay E. & Michael B. Covell, Carol E.& David B. Cunningham, Robert E. Dawson, Douglas County Board of CountyCommissioners, Michael S. & Taren A. Drabing, Thomas M. & Elizabeth S. Duffy, David R. &Kathleen A. Dunn, J. William & Joy Lynn Dysart, Donald H. & Cheryl L. Eastburn, Kenneth E.Elliott, Laurena S. Evans, Jeri L. & Robert J. Ferree, Richard G. & Carol A. Fields, Karl F. &Mary J. Fisher, David P. & Amy L. Flanagan, Christine T. Gabreski, Robert E. & Marsha D.Gold, John T. & Jeanne L. Gormley, David E. & Kathleen M. Gow, Thomas C. & Lesca L.Grant, Susan A. Griewisch, Eric S. Griffiths, Jean & David Griswold, Clarence J. & Miriam L.Hahn, Kenneth C. & Theresa A. Hanzon, Donald E. & Constance K. Helgoth, Mary JaneHenry, Ricke L. & Rebecca M. Hopp, Bern B. & Nina M. Hughes, Richard M. & HeatherJacoby, Chester A. Jones, Eleanor Kea Thomas Kercheval, Cindy J. Kessinger & Gene C.Wenninger, Priscilla M. & Richard J. Klamper, Shelia M. & Kevin J. Klimek, Gary A. & Mary C.Knapp, William E. & Dianne E. Kress, Margaret L. & Bernard F. Krueger, Paul A. & Marilee H.Larocco, Brian S. Laycock, Thomas E. & Valerie R. Locke, Jane E. Lockhart, Douglas A. &Eva K. Loeffler, Linda S. Long, David B. Lovinggood, Barbara G. Lukins & Suzette L. Miller,



Ava L. Lund, Deborah S. & Stanley C. Lyons, Karen A. Magner & C. Derek Johnson, Sue A. &Richard E. Mahon, Ellen B. & Alexander J., Jr. Makkai, Uwe & Jeanette E. Malchow, ManuelWally Acevedo Trust, Marilyn E. Olen Revocable Trust, Frederick W. & Sally C. Masek,Deborah Matthews, Jennifer S. & Terry J. Maze, John E. & Judith L. McBride, Timothy C.McGuire, Jonathan C. & Anne G. McMath, Dale C. & Donna P. Merrick, Matthew R. Midcap &Mindy K. Walker, William E. & Joann M. Miller, William C. & Margaret E. Miller, Gary L. Miller& Kimberly A. Tempel, Francis & Debra J. Morrato, Karli Ann Morton, John M. & Kathy S.Murray, Mary F. Nettrour & William K. Angus, Sonja H. Nieman, Gary A. & Doreen L. Olinger,John R. & Sylvia J. Olsen, Richlund D. Olson & Nancy Melgaard, Judith A. Palinckx, JaniceK. &Frank S. Peterson, Richard G. & Teresa L. Peterson, John A. & Donna B. Phillips, PhyllisA. Williams Revocable Trust, Allen J. & Nancy E. Powers, Lawrence F. & Mary A. Powers,Robert P. & Candace J. Rayl, Robert L. Rehn, Rosemary J. & Robin Reichwein, Dorothy M.Rhue, James L. & Elizabeth C. Riner, Lawrence John & Judith Jane Rose, David S. Rossman,Cynthia L. & Richard H. Rudy, Denise L. Sassone, Maureen E. Schlenker, Dean F. & ArielDillon Schrader, Michael D. & Linda D. Sedbrook, George M. & Ruth M. Simmons, SKMFamily Trust, Errol Bryce & Susan K. Slaby, Hanspeter Spuhler, Pamela J. Stuart-Grammer,C. Michael Sunoo, Susan H. Maxwell Revocable Trust, Myron S. & Mary D. Temchin, L. SylviaA. & Edgar, Jr. Thorsland, Priscilla Peterson Tovrea Holdcroft, F. Philip & Carol L. Viera,Henry R. & Helen H. Wells, Florence H. & Harrison J. Welton, Sherry A. & Barry Widom,Lisbeth & James R. Wunderlich, Doug & Annette M. York, and Stephen C. & Linda K. Zotos,APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE LOWER DAWSON, DENVER,ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY.1. Names and Addresses of Applicants: Surrey Ridge Homeowners’ Association, c/oKathy Spuhler, President, 9345 North Surrey Road, Castle Rock, Colorado 80104. [Telephone: 303-799-9922] The names and addresses of the other captioned Applicants in this matter are listed onExhibit A to this application. Please direct all correspondence or inquiries in this matter to: RobertE. Schween, P.C., P.O. Box 26-2104, Littleton, Colorado 80163-2104. Telephone: 303-471-5150;Facsimile: 303-470-3103.2. Well Permits: Well permit applications for the wells to be constructed pursuant to thisapplication and subsequent decree will be applied for at such time as Applicants are prepared toconstruct such wells and pursuant to the consent of the affected Applicants and in accordance withthe terms of the decree to be entered in this matter.3. Ownership of Ground Water Rights:A. The ground water rights which are the subject of this application are and will be owned bythe Applicants as listed in the caption of this application and in Exhibit A hereto. Any decree enteredin this case will operate to divide the ownership of the final decreed water rights in each aquifer on anoverlying land ownership basis or a pro-rata basis among the named Applicants participating in thisadjudication. Such decree will specifically set forth each Applicant’s interest in the ground waterdecreed and shall be evidence of each Applicant’s ownership interest.B. The lot owners within Surrey Ridge or Surrey Ridge Estates who did not participate in thisadjudication of ground water rights are listed in attached Exhibit B hereto and will not have theground water underlying their lots included in the final decree in this matter. Any such lot owner notparticipating in this application may join this adjudication at any time by seeking an amendmenthereto.4. Description of the Land Overlying Subject Ground Water and Wells:A. The property overlying the ground water claimed herein generally consists of 700 acres ofland, more or less, located within the boundaries of Surrey Ridge and Surrey Ridge Estates, inDouglas County, described as follows:Surrey Ridge: A tract of land in Section 27 located west of Highway I-25 (approximately 380acres); Surrey Ridge Estates: A tract of land consisting of the E ½ , Section 28 (320 acres); both inTownship 6 South, Range 67 West of the 6th P.M. ( 700 acres, more or less), in Douglas County.B. The property overlying the ground water claimed herein consists of the lots owned by theApplicants hereto, and consists of approximately 650 acres, which is the entirety of the twosubdivisions less the approximate acreage of the nonparticipating lot owners (“Subject Property.”)See attached General Location Map, Exhibit C, and its attachments which are copies of the platmaps of the two subdivisions. Lots which are not included in this application are indicated thereon.



The Subject Property is described in the Douglas County plat maps of the subdivisions, copies ofwhich are attached to Exhibit C and are labeled Surrey Ridge Units 1, 2, 3, and 4, and Surrey RidgeEstates.C. The wells which will withdraw ground water from each aquifer underlying the land describedabove will be located at any location on the Subject Property, subject to the individual lot owner’sconsent. Applicants request the right to construct such wells anywhere on the Subject Property torecover the entire allowable annual amounts from each aquifer as claimed herein or as determinedby the Court pursuant to its retained jurisdiction.5. Source of Water Rights:A. Nontributary Ground Water. The ground water in the Arapahoe and Laramie-Fox Hillsaquifers at this location is classified as nontributary ground water as defined at § 37-90-103 (10.5),C.R.S. Applicants will comply with the requirement to relinquish two percent (2%) of all suchnontributary ground water withdrawn to the stream system. Otherwise, such water may be fullyconsumed to extinction for all beneficial uses.B. Not-Nontributary Ground Water. The ground water in the Lower Dawson and Denveraquifers at this location is classified as not-nontributary ground water as defined at § 37-90-103(10.7), C.R.S. Such ground water may be produced and used only pursuant to a subsequentlyentered plan for augmentation for replacement of injurious stream depletions. See § 37-90-137(9),C.R.S. No such plan is sought in this application.6. Date of Initiation of Appropriation: Not Applicable.7. Right to Ground Water Claimed Herein:A. Applicants seek a decree for all ground water determined to be available from each aquifernamed above underlying the specified 650 acres of land, more or less, described herein, based upona statutory aquifer life of 100 years. Applicants are the owners of such overlying land area asdescribed herein and may adjudicate and use the ground water rights claimed herein.B. The withdrawal in the average annual amounts determined to be available from each namedaquifer can be made pursuant to § 37-90-137(4), C.R.S., without causing material injury to thevested rights of others.8. Estimated Amounts and Rates of Withdrawal:A. The estimated average annual amounts of withdrawal available from each aquifer, asindicated below, are based upon interpretations of information contained in the Denver Basin Rules,2 C.C.R. 402-6:

Sat. Sand Specific Ave. Ann. Amount Aquifer Acres Thickness Yield(%) (Acre-Feet)Lower Dawson 650 350 20 455Denver 650 310 17 343Arapahoe 650 300 17 332Laramie-Fox Hills 650 190 15 185B. The final average annual amounts available from each aquifer will depend upon the actualhydrogeology and the legal entitlement of the Applicants to all ground water in the subject aquifersunderlying their described property. Adjustments may be required to account for priorappropriations.C. The pumping rates for each well are to be specified on the well permit.9. Well Fields: Applicants request that this Court determine that the Applicants participating inthis application have the right to withdraw all of the legally available ground water in the subjectaquifers underlying the land described herein through any well(s) initially permitted in such aquiferand any additional well(s) which may become part of the Applicants’ well field. Applicants requestthat the initial well(s) permitted in each aquifer, along with any additional well(s) completed into thesame aquifer, shall be treated as a well field.10. Additional Wells: As additional wells are planned, well permit applications will be filed inaccordance with § 37-90-137(10), C.R.S.11. Proposed Uses: Applicants request the right to use all ground water subject to thisapplication. Such water is to be used, reused, successively used and, after use, leased, sold orotherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural,commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, and any otherbeneficial purposes, to be used on or off the land described herein. Such water will be produced for



immediate application to said uses, for storage and subsequent application to said uses, forexchange purposes, for replacement of depletions resulting from the use of water from othersources, and for augmentation purposes.12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this applicationpursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S.13. Names of Owners of the Land on Which Structures are to be Located:The owners of the overlying land area described herein are the Applicants listed inthe caption, above, and on Exhibit A hereto.14. Remarks:A. Applicants claim the right to withdraw more than the average annual amount estimated inparagraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7, and the right torevise the above estimate of the average annual amounts available for withdrawal in each aquiferupward or downward, based on better or revised data, without the necessity of amending thisapplication or republishing same.B. Applicants request hereby (1) a complete quantification and adjudication of the ground waterrights in each aquifer named herein to which Applicants are entitled to develop and use; and (2) aconfirmation of the right to use, reuse, successively use, and otherwise dispose of all suchnontributary ground water.C. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicants will, within ten(10) days after filing this application, supplement this application with evidence that each Applicanthas given notice of this application by registered or certified mail, return receipt requested, to everyrecord owner of the overlying land and to every person who has a lien or mortgage on, or deed oftrust to, the overlying land recorded in the county in which the overlying land is located.WHEREFORE, Applicants Surrey Ridge Homeowners’ Association, et al., request this Courtenter a decree: (1) Granting the application herein and awarding the ground water rights claimedherein as final water rights, except as to those issues for which jurisdiction of the Court will bespecifically retained, so that the State Engineer may issue well permits for such well(s) as Applicantsrequest under this decree, subject to the limitations described in such ruling and decree. (2) Findingthat Applicants have complied with §§ 37-90-137(4), C.R.S., and water is legally available forwithdrawal from the not-nontributary Lower Dawson and Denver aquifers and the nontributaryArapahoe and Laramie-Fox Hills aquifers through wells to be located on the Subject Property. Allsuch not-nontributary ground water may be withdrawn only pursuant to a subsequently adjudicatedplan for augmentation therefor. (3) Finding that jurisdiction is to be retained with respect to theaverage annual amounts specified herein to provide for the adjustment of such amounts to conformto actual local aquifer characteristics from adequate information obtained from wells or test holesdrilled on or near Applicants’ property, pursuant to § 37-92-305(11), C.R.S. (4) Finding thatApplicants or their successors may construct wells into each aquifer anywhere on the subjectproperty without the necessity of filing any further amendments to this application, republishing thisapplication, or reopening the decree to be awarded. The statutory well spacing requirements arewaived as to wells to be constructed within the Surrey Ridge and Surrey Ridge Estates subdivisionsand on the land owned by any Applicant herein. (5) Finding that vested or conditionally decreedwater rights of others will not be materially injured by the withdrawals proposed herein and that, inaccordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required tomaintain the water rights applied for herein.FURTHER, Applicants request this Court grant such other relief as the Court deems proper in thepremises.

2000CW206 (W-8772-77)(87-CW-106)(94-CW-009) CITY OF BROOMFIELD c/o Harvey W. Curtis,Esq., 1441 Eighteenth Street, Suite 200, Denver, Colorado 80202, (303) 292-1144, APPLICATION FORFINDING OF REASONABLE DILIGENCE, CONCERNING THE APPLICATION FOR WATERRIGHTS OF THE CITY OF BROOMFIELD, A COLORADO MUNICIPAL CORPORATION, IN THESOUTH PLATTE RIVER AND ITS TRIBUTARIES, IN ADAMS COUNTY. 2. Name of structure:Broomfield Effluent Diversion. 3. Describe conditional water right giving the following from theJudgment and Decree: 3.a. Date of original decree: May 20, 1983, Case No. W-8772-77, in theDistrict Court, Water Division No. 1, State of Colorado. 3.b. Location: The point of diversion is at apoint lying within the Applicant's wastewater treatment plant at a point below the chlorinator and above the



plant's effluent outfall into Big Dry Creek. The legal description is described in the Decree as follows:Beginning at the Northwest Corner of Section 32, T. 1 S., R. 68 W. of the 6th P.M.; thence south along thewest line of the NW¼ of said Section 32 a distance of 2,645.6 feet to the W¼ of said section; thence left adeflection angle of 89E19U, a distance of 30.0 feet; thence right a deflection angle of 89E19U and parallelto the west line of the NW¼ of Section 32, a distance of 30.0 feet; thence left a deflection angle of89E19U, a distance of 3,009.8 feet; thence right a deflection angle of 89E19U and parallel to the west lineof the NW¼ of Section 32, a distance of 747.8 feet; thence left a deflection angle of 89E19U, a distance of560.0 feet; thence left a deflection angle of 90E41U and parallel to the west line of the NW¼ ofSection 32, a distance of 427.3 feet; thence left a deflection angle of 89E19U, a distance of 28.0 feet to thepoint of diversion. 3.c. Source: Effluent from the wastewater treatment plant which contains waterpreviously diverted and/or stored from the South Platte River and its tributaries, as well as ground waterfrom the alluvium of the South Platte River and its tributaries, as described in said prior Decree. 3.d.Appropriation Date: December 14, 1977. 3.e. Amount: 0.223 c.f.s. was decreed absolute on November15, 1994 by the decree entered in Case No. 94-CW-009. The remaining conditional amount of 4.777 c.f.s.is the subject of this diligence application.3.f. Use: Irrigation and lake level maintenance (recreational,piscatorial, and aesthetic) and other municipal purposes associated with public areas, parks, and open spacewithin the municipal boundaries of Broomfield with said irrigation limited to 100 acres at any one time.3.g. Depth (if well): Not applicable. 4. Previous Diligence Ruling: Applicant filed its first applicationfor Quadrennial Finding of Reasonable Diligence in Case No. 87-CW-106 on May 29, 1987. OnJanuary 27, 1988, the Court entered the Findings of Fact, Order, Judgment and Decree in CaseNo. 87-CW-106, granting the application and continuing the conditional water right in this case untilMay 31, 1991. The period for showing reasonable diligence was extended to May 31, 1993 by an Orderentered March 6, 1991, and further extended to January 31, 1994 by an Order entered May 27, 1993. OnNovember 15, 1994, the Court entered the Findings and Ruling of the Referee and Decree of the WaterCourt in Case No. 94-CW-009, finding that 0.223 c.f.s. of the conditional 5.0 c.f.s. had been made absoluteand continuing the remaining 4.777 c.f.s. conditional until November 30, 2000. 5. Provide a detailedoutline of what has been done toward completion or for completion of the appropriation andapplication of water to a beneficial use as conditionally decreed, including expenditures: Between1995 and 1999, the City of Broomfield has spent in excess of $6.8 million on its water reclamation projectin which the subject water rights will be used. An additional $2.1 million has been budgeted for theseactivities in the year 2000. These funds have been expended on the following projects during the diligenceperiod: a. Design of reuse line from wastewater treatment plant to storage tank connections. b.Construction of reuse line from wastewater treatment plant to storage tank connections. c. Design of reusepumping station and storage tank located at wastewater treatment plant. d. Design of modifications toexisting water treatment plant for conversion to reuse water treatment. e. Construction of structure on DryCreek Valley Ditch to divert water to Interlocken for reuse purposes. f. Reservation of funds to purchaseright-of-way for reuse line and facilities and for related legal costs. g. Painting of existing storage tanksthat are being converted to reuse. h. Construction of two 2.5 million gallon treated water storage tanks toreplace tanks that are being converted to reuse water storage. i. Construction of line connection from waterplant to Broadlands and Archdiocese parcels. j. Installation of lines by developer on site and alongHighway 128. k. Annual monitoring and repairs to the Great Western Reservoir Dam. l. Service to newAdams County School District No. 12 High School and construction of 5000' of 12" line from 136th &Lowell to school site. m. Spillway improvements and dam rehabilitation at Great Western Reservoir asrequired by the State Engineer. n. Telemetry of portion of SCADA system related to the reuse system. o.Biological study of effluent water stored in Great Western Reservoir to determine treatment processrequirements. p. Financial Study to determine proper rates to charge for Reuse Utilities. A copy of theCity of Broomfield’s Reuse Concept Master Plan Project is attached as Exhibit A hereto. In addition to theabove-listed activities, in 1999 the City of Broomfield participated in the reuse work group of the ColoradoWater Quality Forum, and the September 12, 2000 Rulemaking Hearing before the Colorado Water QualityControl Commission concerning the adoption of a new reclaimed wastewater control regulation, RegulationNo. 84. (4 pages, with 1 page of exhibits)

2000CW207 FRANK C. MCLISTER, 12985 N. 4th Sreet, Parker, CO 80134. Application forUnderground Water Rights From Not Nontributary and Nontributary Sources, IN DOUGLAS COUNTY.2. Well permit: 94913 issued 1/9/1978. Well permit will be applied for prior to drilling the well. 3. Nospecific wells are sought to withdraw ground water from the not nontributary Arapahoe Aquifer and the



nontributary Laramie-Fox Hills Aquifer underlying the land described in paragraph 9 and below at thistime. All wells are to be located on the applicants land in S7, T6S, R66W, 6th P.M., Douglas County. Nospecific locations for the proposed wells are requested. Specific locations will be provided whenapplications for well permits are submitted. 4. Source of Water Rights: A.. The not nontributarygroundwater will be withdrawn from the Lower Dawson and Denver aquifers. B. The nontributarygroundwater will be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers. 5. Estimated amounts,rates of withdrawal and well depths:A. Average Pumping rates and well depths:

Rate Aquifer DepthsLower Dawson Aquifer 15 gpm 50-310 feetDenver Aquifer 15 gpm 360-1270 feetUpper Arapahoe Aquifer 15 gpm 1280-1800 feetLaramie-Fox Hills 15 gpm 2120-2390 feet

Actual pumping rates may vary according to system design and water supply demands.B. Estimated Average Annual Amounts AvailableThe estimated average annual amount of withdrawal available from the subject aquifers as indicated below,is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values andaverage annual amounts are representative of the referenced aquifers underlying the subject property whichis an area of 6.72 acres.

Annual Average Sand Specific Withdrawal

Aquifer Thickness Yield (%) (Acre feet)Upper Dawson aquifer .20Lower Dawson aquifer 115 feet .20 1.50Denver aquifer 250 feet .17 2.80Upper Arapahoe aquifer 255 feet .17 2.90Lower Arapahoe aquifer .17Laramie-Fox Hills aquifer 195 feet .15 1.90

C. The average annual amount available for withdrawal from the subject aquifers will depend uponthe hydrogeology and the legal entitlement of Applicant to all groundwater in those aquifersunderlying the described property.D. The use of not nontributary water from the exempt aquifer shall be subject to judicial approval ofan augmentation plan which will be applied for at such time as the well is proposed to be permitted.6. Well Fields

Applicant requests that this Court determine that Applicant has the right to withdraw all of thelegally available ground water in the subject aquifers lying below the land described in paragraph 9below, through the wells described in paragraph 2 above and any additional wells which may in thefuture become part of the Applicant’s Well fields. Applicant requests that these wells, along with anyadditional wells completed into the same aquifer, shall be treated as a well field. Applicant furtherrequests that the pumping rates for each of these wells may exceed the nominal pumping rates setforth above to the extent necessary to withdraw the full annual acre-foot allocation of water from theaquifer. However, the subject wells will not exceed the pumping rate specified on the well permit foreach well.7. Proposed Use:

All water withdrawn will be reused, successively used, leased, sold or otherwise disposed offor the following beneficial uses, municipal, domestic, industrial, commercial, augmentation, stockwatering, recreational, fish and wildlife. The water will be produced for immediate application to saiduses, for storage and subsequent application to said uses, for exchange purposes, for replacementof depletions from the use of water from other sources and for all other augmentation purposes.

8. Applicant requests the right to withdraw from these wells an average amount of water determinedto be available in paragraph 5 plus an amount of ground water in excess of that annual amount;provided that the sum of the total withdrawals from any particular aquifer does not exceed the



product of the number of years since the date of the issuance of well permits or of the entry of thisdecree, which ever occurs first, times the decreed average annual amount for that aquifer.9. Description of the Land Overlying Subject Ground Water.

Approximately 6.72 acres of land located in the NW1/4NE1/4, S7, T6S, R66W, 6th P.M.,Douglas County. (3 pages)

2000CW208 MR. & MRS. JAMES P. OLSON, 12903 N. 3rd St., Parker, CO 80134. Applicationfor Underground Water Right, IN DOUGLAS COUNTY. Olson Well #151667 is located in theNE1/4NW1/4, S7, T6S, R66W, 6th P.M., 590’ from N section line and 1620’ from the W section line,a/k/a Lot 8, Block 5, Grand View Estates Subdivision. Source: Lower Dawson Aquifer. Depth: 520’.Appropriation: 5/18/1989. Amount claimed: 10 gpm (0.82 a/f) Proposed use: Irrigation of two acreplot used for garden, horses (3), house, pasture, etc. (2 pages)

2000CW209 STEVE R. AND SUE C. CLAPS, 14660 Colorado Blvd., Brighton, CO 80602-7845.APPLICATION FOR UNDERGROUND WATER RIGHT, IN ADAMS COUNTY.1. Name, Address, Telephone Number of Applicants: Steve R. and Sue C. Claps, 14660Colorado Blvd., Brighton, Colorado 80602-7845. 303-452-3675. Please direct all correspondence orinquiries in this matter to: Robert E. Schween, P.C., P.O. Box 26-2104, Littleton, Colorado 80163-2104. Telephone: 303-471-5150; Facsimile: 303-470-3103.2. Background: Applicants file this application for a determination of water rights pursuantto § 37-92-602 (4), C.R.S. Applicants are the owners of the well described herein.3. Name of Structure: Claps Well No. 1- 127601.4. Description of Water Right:

A. Existing Decree: None. B. Location of Structure: The well is located on Applicants'property in the NW ¼ of the SW ¼, Section 18, Township 1 South, Range 67 West of the 6thP.M., in Adams County, Colorado, at a point 1790 feet from the South section line and 1250 feetfrom the West section line. See Exhibit A, General Location Map, attached hereto. C. Source:Ground Water, tributary to Big Dry Creek, tributary to the South Platte River. D. Depth: 400 feet.E. Amount: 15 gpm, Absolute.F. Appropriation Date: August 20, 1982. G. Use: Domestic, irrigation, and stockwatering.

WHEREFORE, Applicants request this Court enter a decree granting the application hereinand finding specifically that: (1) By application to all beneficial uses allowed by the well permit,Well No. 127601, Applicants have made the following amount of water ABSOLUTE: 15 gpm. (2)The vested and decreed conditional water rights of others will not be materially affected or injuredby the entry of a decree as requested herein.

FURTHER, Applicants request this Court grant such other relief as the Court deems properin this matter.(2 pages; Exhibit A - 1 page)

2000CW210 STEVE AND SUE CLAPS, 14660 Colorado Blvd., Brighton, CO 80602-7845.APPLICATION FOR NOT-NONTRIBUTARY AND NONTRIBUTARYGROUND WATER RIGHTS INTHE LOWER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN ADAMS COUNTY. 1. Name, Address, Telephone Number of Applicants: Steve R. and Sue C. Claps, 14660Colorado Blvd., Brighton, Colorado 80602-7845. 303-452-3675. Please direct all correspondence orinquiries in this matter to: Robert E. Schween, P.C., P.O. Box 26-2104, Littleton, Colorado 80163-2104. Telephone: 303-471-5150; Facsimile: 303-470-3103.2. Background: Applicants file this application for water rights pursuant to § 37-92-203,C.R.S., as a water matter concerning nontributary and not-nontributary ground water. Applicantsare the owners of the overlying land as described herein.3. Well Permits: Well permit applications for the wells to be constructed pursuant to thisapplication and subsequent decree will be applied for at such time as Applicants are prepared toconstruct such wells pursuant to the terms of the decree to be entered herein.4. Names, Description, and Estimated Depths of Wells:A. The wells which will withdraw ground water from the named aquifers underlying the landdescribed in paragraph 11 below will be located on Applicants' property (“Property”), consisting of11.77 acres, more or less, in the SW ¼, Section 18, Township 1 South, Range 67 West of the 6th



P.M., in Adams County, Colorado. See Exhibit A, General Location Map, and Exhibit B, PropertyLegal Description, attached hereto. Applicants request the right to construct such wells anywhere onthe overlying Property to recover the entire allowable annual amounts from each aquifer as claimedherein or as determined by the Court pursuant to its retained jurisdiction.B. The estimated depths to the base of the Lower Arapahoe and Laramie-Fox Hills aquifers at thelocation of Applicants’ Property are 450 feet and 1080 feet, respectively, below the land surface.Actual well completion depths may vary from the depths estimated above.5. Source of Water Rights:A. Not-Nontributary Ground Water. The ground water in the Lower Arapahoe aquifer at thislocation is not-nontributary ground water as defined at § 37-90-103 (10.7), C.R.S. Suchclassification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6.Applicants may not obtain a well permit and withdraw such not-nontributary ground water until anaugmentation plan is approved for the replacement of injurious depletions caused thereby. See §37-90-137(9), C.R.S. No such plan is sought by this application.B. Nontributary Ground Water. The ground water in the Laramie-Fox Hills aquifer at this locationis nontributary ground water as defined at § 37-90-103 (10.5), C.R.S. Applicants will comply withthe requirement to relinquish two percent (2%) of all such nontributary ground water withdrawn tothe stream system. Otherwise, such water may be fully consumed to extinction for all beneficialuses.6. Date of Initiation of Appropriation: Not Applicable.7. Right to Ground Water Claimed Herein:A. Applicants seek a decree for all ground water determined to be available from the LowerArapahoe and Laramie-Fox Hills aquifers underlying their Property, described herein, based upon astatutory aquifer life of 100 years. Applicants are the owners of such overlying land area asdescribed herein.B. Applicants assert that withdrawal in the average annual amounts determined to be available fromthe named aquifers can be made pursuant to § 37-90-137(4), C.R.S., without causing material injuryto the vested rights of others.8. Estimated Amounts and Rates of Withdrawal:A. Estimated Average Annual Amounts Available:

(1) The estimated average annual amounts of withdrawal available from the namedaquifers, as indicated below, are based upon interpretations of information contained in the DenverBasin Rules, 2 C.C.R. 402-6.

Sat. Sand Specific Average AnnualAquifer Acres Thickness Yield AmountLower Arapahoe 11.77 104 Feet 17 % 1.08 AF*Laramie-Fox Hills 11.77 172 Feet 15 % 3.04 AF

* One acre-foot per year of Lower Arapahoe aquifer ground water is being excludedfrom this application due to the presence of and existing permitted domestic well on the Property.

(2) The final average annual amounts available from each aquifer will depend upon theactual hydrogeology and the legal entitlement of Applicants to all ground water in the subject aquiferunderlying their described Property.B. Average Pumping Rates: The average pumping rate for wells to be completed into the twonamed aquifers is expected to be about 200 gpm. The actual pumping rate for each well may varyaccording to aquifer production capability at a particular location or well system design. Applicantsrequest that the pumping rates for each well may exceed the nominal pumping rates to the extentnecessary to withdraw the full annual allocation of water from each named aquifer.9. Well Fields: Applicants have the right to withdraw all of the legally available groundwater in the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the land described inparagraph 11 below, through any well(s) initially permitted in each aquifer and any additional well(s)which may become part of the Applicants’ well field. Applicants request that the initial well(s)permitted, along with any additional well(s) completed into the same aquifer, shall be treated as awell field. As additional wells are constructed, well permit applications will be filed in accordance with§ 37-90-137(10), C.R.S.10. Proposed Uses:



A. Applicants request the right to use all ground water subject to this application. Such water is tobe used, reused, successively used and, after use, leased, sold or otherwise disposed of for thefollowing beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering,storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes,to be used on or off the land described in paragraph 11.B. Such water will be produced for immediate application to said uses, for storage andsubsequent application to said uses, for exchange purposes, for replacement of depletions resultingfrom the use of water from other sources, and for augmentation purposes.11. Description of the Land Overlying Subject Ground Water: The Property overlying theground water claimed herein consists of 11.77 acres of land, more or less, located in Adams County,and generally described as follows:

A tract of land located in the NW ¼, of the SW ¼, Section 18, Township 1 South,Range 67 West of the 6th P.M., consisting of 11.77 acres, more or less.

See General Location Map, Exhibit A, and Property Legal Description, Exhibit B.12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this applicationpursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S.13. Name of Owner of the Land on Which Structures are Located: The owners ofthe overlying land area described herein are the Applicants herein.14. Additional Remarks:A. Applicants request –-

(1) A quantification and adjudication of the ground water rights in the aquifers named hereinto which Applicants are entitled to develop and use; (2) A confirmation of the right to use, reuse,successively use, and otherwise dispose of all such nontributary ground water; (3) The right to fileand adjudicate an augmentation plan for such not-nontributary ground water herein at a later dateunder a separate caption and case number. (4) The right to withdraw more than the average annualamount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (5) The right to revise the above estimate of the average annual amounts available forwithdrawal upward or downward, based on better or revised data, without the necessity of amendingthis application or republishing same.B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicants will, within ten (10)days after filing this application, supplement this application with evidence that Applicants have givennotice of the filing of this application by certified mail, return receipt requested, to every record ownerof the overlying land and to every person who has a lien or mortgage on, or deed of trust to, theoverlying land recorded in the county in which the overlying land is located.

WHEREFORE, Applicants Steve and Sue Claps request a ruling and decree:1. Granting the application herein and awarding the ground water rights claimed herein as

final water rights, except as to those issues for which jurisdiction of the Court will be specificallyretained, so that the State Engineer may issue well permits for such well(s) as Applicants requestunder this decree, subject to the limitations described in such ruling and decree; and

2. Finding and determining that – (a) Applicants have complied with §§ 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifers throughwells to be located on the Applicants’ Property, EXCEPT THAT withdrawals of not-nontributaryground water may not be withdrawn until an augmentation plan is approved therefor; (b) Jurisdictionis to be retained with respect to the average annual amounts of withdrawal specified herein toprovide for the adjustment of such amounts to conform to actual local aquifer characteristics fromadequate information obtained from wells or test holes drilled on or near Applicants’ property,pursuant to § 37-92-305(11), C.R.S.;

(c) Applicants or their successors may construct wells into the Lower Arapahoe and Laramie-FoxHills aquifers anywhere on the subject property, so long as statutory well spacing requirements aremet, without the necessity of filing any further amendments to this application, republishing thisapplication, or reopening the decree to be awarded; (d) Vested or conditionally decreed water rightsof others will not be materially injured by the withdrawals proposed herein; (e) In accordance with §37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rightsapplied for herein; and (f) The nature and extent of the water rights claimed herein are defined by §37-90-137(4), C.R.S.; and the withdrawals sought to be made are based upon an aquifer life of 100



years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the landshown on Exhibit A and described in Exhibit B hereto.

FURTHER, Applicants request this Court grant such other relief as the Court deems properin the premises.

2000CW211 THE NORTH POUDRE IRRIGATION COMPANY, 3729 Cleveland Ave., POB 100,Wellington, CO 80549. (Alden V. Hill , P.O. Box 421, 160 W. Mountain Avenue, Fort Collins, CO80522). THE CITY OF FORT COLLINS, Michael D. Shimmin, 1720 14th Street, Suite 200, P.O. Box871, Boulder, CO 80306-0871. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, INLARIMER COUNTY.1. Name, address, and telephone numbers of applicants:

North Poudre Irrigation Company3729 Cleveland AvenueP.O. Box 100Wellington, CO 80549Telephone: (970) 568-3612City of Fort Collinsc/o Michael Smith, General Manager of UtilitiesP.O. Box 580Ft. Collins, CO 80522Telephone: (970) 221-6700

2. Name of Structure:Halligan Reservoir Enlargement.

3. Description of Conditional Water Right:A. Previous Decrees:

The original decree for the Halligan Reservoir Enlargement Conditional Rightswas entered on June 12, 1987, by the Water Court for Water Division 1 in CaseNo. 85CW435. A previous diligence decree for this right was entered onNovember 10, 1994, by the Water Court for Water Division 1 in Case No.93CW078.

B. Location:The dam will be located in the Southwest 1/4 of Section 34, T11N, R71W, 6thP.M.. The left or easterly abuttement will be located at a point whence theSouthwest corner of said Section 34 bears South 52° 30″ West, a distance of3,000 feet, in Larimer County, Colorado.

C. Source:Six Mile Creek, Meadow Creek, the North Fork of the Cache La Poudre Riverand any water tributary thereto above the dam, all tributary to the Cache LaPoudre River.

D. Appropriation Date and Amount:The appropriation date is August 1, 1979, with a 1985 priority based on theinitial year of filing. The amount of the conditional water right is 33,462 acrefeet. This is in addition to the 6,420 acre feet of water already decreed absolutefor Halligan Reservoir and the right to refill the Reservoir as originally decreedin Case No. 11217, Larimer County District Court.

E. Use:Water stored pursuant to this conditional water right will be used for irrigationof approximately 42,000 acres located in Larimer and Weld Counties, and formunicipal, domestic, industrial, commercial, hydroelectric power generation,irrigation, stock watering, recreational, and fish and wildlife propagation andmaintenance within the South Platte River drainage. Said water may also beused for exchange purposes, for replacement of depletions resulting from use ofwater from other sources, and for augmentation purposes.

4. Detailed Outline of What Has Been Done Toward Completion of the Appropriation, IncludingExpenditures:



A. The existing Halligan Reservoir is owned by North Poudre Irrigation Company(NPIC). The conditional water right which is the subject of this application isheld jointly by Fort Collins and NPIC. In 1993, Fort Collins entered into anagreement with NPIC giving Fort Collins the option to acquire the existingreservoir site, the real property needed to enlarge the existing HalliganReservoir, and NPIC’s interest in the conditional water right. Fort Collins hasmaintained this agreement with NPIC through annual option payments totaling$390,000 for the years 1994 - 1999.

B. The ability of Fort Collins to construct and use the Halligan ReservoirEnlargement conditional water right is impacted by endangered species issues incentral Nebraska. These issues will affect the feasibility, cost, and timing forconstruction of the Halligan Reservoir Enlargement. For the last six years, FortCollins has been a member of the Platte River Project to help promote areasonable basin-wide solution to requirements by the U.S. Fish and WildlifeService to provide water or money to compensate for new depletions on thePlatte River caused by projects such as the Halligan Reservoir Enlargement.During this time, Fort Collins has paid $13,500 to the Platte River Project for itsshare of these activities.

C. Over the last four years, Fort Collins has been developing the Pleasant ValleyPipeline Project which will be a key component of the Fort Collins raw watersystem and will be critical to conveying water from the Halligan ReservoirEnlargement into the City’s water treatment plant. This 8-mile pipeline willprovide needed additional capacity to divert water from the Poudre River. Finaldesign of this pipeline is scheduled for completion by the end of year 2000, andconstruction is scheduled to be completed in 2002. To date, Fort Collins hasspent approximately $1,400,000 on this pipeline project. When completed, thetotal cost of this project is estimated to be approximately $10,000,000.

D. Fort Collins staff has expended considerable time and effort to evaluate how theHalligan Reservoir Enlargement will fit into the City’s raw water system andassist the City in meeting its future raw water demands. Fort Collins estimatesthe cost of these ongoing studies to be approximately $30,000 per year.

E. In addition to the specific work items listed above, the City continues to expendsignificant effort and sums of money developing its water system as a whole.Although not itemized here, the City reserves the right to provide additionalevidence of other work on its raw water system which may be directly orindirectly related to the development of the Halligan Reservoir Enlargementconditional water rights.

When taken together, all of the work described above represents a significant and diligent effort byFort Collins to develop the Halligan Reservoir Enlargement conditional water rights. Therefore, a findingof reasonable diligence concerning these conditional rights is justified.5. Claim to Make Absolute: Not Applicable. The entire conditional water right for the Halligan

Reservoir Enlargement remains conditional at this time.WHEREFORE, Fort Collins requests that the Court find that it has exercised reasonable diligence

in the development of the Halligan Reservoir Enlargement conditional water rights and enter a decreecontinuing said conditional rights for an additional six years.

2000CW212 (86CW372) PETE C. KUYPER, P.O. Box 378, Divide, CO 80814. APPLICATION FORFINDING OF REASONABLE DILIGENCE, IN TELLER COUNTY 1. Name and address of applicant:Pete C. Kuyper, P.O. Box 378, Divide, CO 80814; c/o Michael F. Browning, Porzak Browning & BushongLLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: Divide Reservoir Nos.2 and 3. 3. Description of conditional water rights: (a) Decree: Decreed by the District Court in and forWater Division No. 1 in Case 86CW372 on March 15, 1988. Previous diligence decree obtained in CaseNo. 94CW026 dated November 15, 1994. (b) Decreed locations: The outlet of Divide Reservoir No. 2 is tobe located in the SW1/4NW1/4 of Section 7, Township 13 South, Range 69 West of the 6th P.M. at a point1,880 feet south of the north line and 1,360 feet east of the west line of said Section 7. The outlet of DivideReservoir No. 3 is to be located in the NW1/4SW1/4 of Section 7, Township 13 South, Range 69 West of



the 6th P.M. at a point 2,840 feet south of the north line and 736 feet east of the west line of said Section 7.(c) Source: Rule Creek and unnamed tributaries thereto. (d)Appropriation dates: December 31, 1986 as toeach reservoir(e)Amount: 5 acre feet for each reservoir, with the right to refill continuously whenever inpriority. (f)Use: Augmentation purposes, recreational, piscatorial, municipal, fire protection, commercial,irrigation, domestic, and aesthetic. 4. Detailed outline of work done to complete project and apply water tobeneficial use:(a) The subject reservoirs are integral components of applicant’s overall development and itswater supply system, including the augmentation plan decreed in Case No. 86CW372 and amended in CaseNos. 90CW95 and 94CW269. (b)Applicant acquired from the Town of Woodland Park rights totransmountain effluent to provide additional augmentation water under the related augmentation plan andobtained approval in Case No 94CW269 to utilize such additional augmentation water under suchaugmentation plan. Such decree allows storage of such water in the subject reservoirs by exchange. (c)Applicant obtained findings of reasonable diligence in Case Nos. 94CW180 and 94CW181 concerningDivide Reservoir No. 1 and Kuyper Well Nos. 1 through 11, which are all components of the integratedwater supply system of which the subject reservoirs are a part. (d) A water storage tower which is part ofthe integrated water supply system was constructed. (e)Upgrades and expansion of the water deliverysystem of which the subject reservoirs are a part have been completed. (f) Applicant has filed and pursuedstatements of opposition to the Water Court applications of others to protect the subject reservoirs andrelated water supply system from injury. WHEREFORE, applicant requests that the Court enter a finding ofreasonable diligence with respect to the conditional water rights described herein. (4 Pages)

2000CW213 CONCERNING THE APPLICATION FOR WATER RIGHTS OF GORDON ANDANN ALLOT, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARYAND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FORAUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THENOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, IN DOUGLAS COUNTY. 1.Name, Address, Telephone Number of Applicants: Gordon and Ann Allot, 2305 E. Arapahoe Road, #206,Littleton, Colorado 80122 (303) 797-6991. (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500,Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior toconstruction of the wells. 3. Legal Description of Wells and Subject Property: The wells which willwithdraw groundwater from the not nontributary Lower Dawson and Denver and nontributary Arapahoeand Laramie-Fox Hills aquifers will be located at any location on approximately 70 acres of land, beingLots 10 and 11, Block 2, Happy Canyon Ranches, as generally located in the SE1/4 of Section 14, T7S,R67W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights:The source of the groundwater to be withdrawn from the Lower Dawson and Denver aquifers is notnontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to bewithdrawn from the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw thesubject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreedamounts. Applicants will withdraw the subject groundwater through wells to be located at any location onthe Subject Property, including an existing well completed into the Lower Dawson aquifer as permitted inWell Permit No. 178710, which well will be requested to be repermitted to operate pursuant to theaugmentation plan requested below. Applicants waive any 600 foot spacing rule as described in Section37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts ofwithdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules,2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the LowerDawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated AnnualAquifer Thickness AmountLower Dawson 189 feet 26 acre-feetDenver 285 feet 34 acre-feetArapahoe 339 feet 40 acre-feetLaramie-Fox Hills 184feet 19 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on thehydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and notnontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this



Court determine that Applicants have the right to withdraw all of the legally available groundwater lyingbelow the Subject Property, through the wells requested herein, which may be located anywhere on theSubject Property, and any additional wells which may be completed in the future as Applicants' well fields.As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7.Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to beused, reused, successively used, leased, sold, or otherwise disposed of for the following beneficialpurposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish andwildlife, and fire protection uses. Said water will be produced for immediate application to said uses, bothon and off the property, for storage and subsequent application to said uses, for exchange purposes, forreplacement of depletions resulting from the use of water from other sources, and for augmentationpurposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this applicationpursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A.Groundwater to be augmented: All of the Lower Dawson aquifer groundwater requested herein asdescribed in paragraph 5 above. Applicants reserve the right to increase or decrease this amount withoutamending this application or republishing the same. B. Water rights to be used for augmentation: Returnflows from the use of not nontributary and nontributary groundwater and direct discharge of nontributaryground water. C. Statement of plan for augmentation: Applicants will use the Lower Dawson waterthrough the existing well or new wells to provide water service for the Subject Property with inhouse use,use in barns and stables, irrigation of home lawn and garden, pasture, and a tree farm, and stockwateringuse, including storage. The wells will withdraw the water at rates of flow necessary to withdraw theamount which is the subject of this decree. For purposes of this application, inhouse and sanitary uses inbarns and stables will require approximately 0.3 acre-feet per year per residence or structure, irrigation usewill require approximately 0.057 acre-feet per year for irrigation of every 1000 square-feet of home lawn orgarden and approximately 0.05 acre-feet per year for irrigation of pasture and trees, and stockwatering willrequire approximately 0.05 acre-feet per year for watering of every 4 large domestic animals. Applicantsreserve the right to revise these uses and values. Sewage treatment for uses in residences and barns andstables will be provided by non-evaporative septic systems. Consumptive use associated with in-house willbe approximately 10% of water used and it is estimated that approximately 10% of water used for irrigationwill be returned to the stream system. Stockwatering uses will be considered to be 100% consumptivelyused. Before any other type of sewage treatment is proposed in the future, including incorporation of thelots into a central sewage collection and treatment system, Applicants, or successors and assigns, willamend this decree prior to such change and thereby provide notice of the proposed change to other waterusers by publication procedures required by then existing law. During pumping Applicants will replaceactual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimatethat depletions may occur to the East Plum Creek and Cherry Creek stream systems. Return flows from useof the subject water rights via those stream systems will accrue to the South Platte River system, and thosereturn flows are sufficient to replace actual depletions while the subject groundwater is being pumped.After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants willdemonstrate that any depletions which may occur to the stream systems are non-injurious and need not bereplaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve anadequate amount of nontributary groundwater underlying the Subject Property to meet augmentationrequirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annualamounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B.Although Applicants have estimated the amounts of water available for withdrawal from the subjectaquifers based on estimates of relative values for specific yield and saturated thickness, Applicants requestthe right to revise the estimates upward or downward, based on better or revised data, without the necessityof amending this application or republishing the same. C. Applicants will withdraw all or parts of the notnontributary Lower Dawson aquifer groundwater requested herein under the plan of augmentationrequested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court entera Decree: 11. Granting the application herein and awarding the water rights claimed herein as final waterrights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12.Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legallyavailable for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect tothe average annual amounts of withdrawal specified herein to provide for the adjustment of such amountsto conform to actual local aquifer characteristics from adequate information obtained from wells or testholes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule



9.A.; B. The groundwater in the Lower Dawson and Denver aquifers is not nontributary and groundwater inthe Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionallydecreed water rights of others will not be materially injured by the withdrawals of groundwater and the planfor augmentation proposed herein; D. No findings of diligence are required to maintain these water rights.FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises.

200CW214 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ELIZABETHPARKS AND RECREATION DISTRICT, APPLICATION FOR UNDERGROUND WATER RIGHTSFROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF APLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER,ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSONAQUIFERS, IN ELBERT COUNTY. 1. Name, Address, Telephone Number of Applicant: ElizabethParks and Recreation District, P.O. Box 434, Elizabeth, Colorado 80107 (303) 646-3599 (Holly I. Holder,Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits:Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells andSubject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawsonand nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at anylocation on two tracts of land. One tract being approximately 27 acres of land located in the W1/2SW1/4of Section 8, T8S, R64W, and the second tract being approximately 11.45 acres, being the Flood ProtectionPark as shown on the recorded plat for the Cimarron Subdivision, Filing 2, as generally located in theSW1/4 of Section 12, T8S, R65W, all of the 6th P.M., as described and shown on Attachment A hereto("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from theUpper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hillsaquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts andRates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flownecessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subjectgroundwater through wells to be located at any location on the Subject Property. Applicant waives any 600foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property.The estimated average annual amounts of withdrawal available from the subject aquifers as indicatedbelow, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annualamounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlyingeach parcel: 27 Acre Parcel in Section 8:

Saturated AnnualAquifer Thickness AmountUpper Dawson 145 feet 7.9 acre-feetLower Dawson 105 feet 5.7 acre-feetDenver 248 feet 11.4 acre-feetArapahoe 232 feet 10.3 acre-feetLaramie-Fox Hills 219 feet 8.9 acre-feet

11.45 Acre Parcel in Section 12:Saturated Annual

Aquifer Thickness AmountUpper Dawson 144 feet 3.5 acre-feetLower Dawson 102 feet 2.5 acre-feetDenver 205 feet 4.2 acre-feetArapahoe 239 feet 4.9 acre-feetLaramie-Fox Hills 220 feet 4.0 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on thehydrogeology and the legal entitlement of the Applicant and represents a claim to all nontributary and notnontributary groundwater underlying the Subject Property. 6. Well Fields: Applicant requests that thisCourt determine that Applicant has the right to withdraw all of the legally available groundwater lyingbelow the Subject Property, through the wells requested herein, which may be located anywhere on theSubject Property, and any additional wells which may be completed in the future as Applicant's well fields.



As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S.Applicant also requests that the water associated with the 27 acre parcel located in Section 8, be withdrawnin combination with water decreed in Case No. 94CW190 underlying an approximately 60 acre parcel alsoowned by Applicant which is generally located in the SE1/4 of Section 7, T8S, R64W, as shown onAttachment A. An augmentation plan for withdrawal of the Upper Dawson aquifer water underlying said60 acre parcel is pending in Case No. 2000CW180 and Applicant requests that the water which is thesubject of that application, be withdrawn in combination with the Upper Dawson water underlying the 27acre parcel pursuant to the augmentation plan requested herein. 7. Proposed Use: Applicant will use allwater withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased,sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial,commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Saidwater will be produced for immediate application to said uses, both on and off the property, for storage andsubsequent application to said uses, for exchange purposes, for replacement of depletions resulting from theuse of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court hasjurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S.9. Description of plan for augmentation: A. Groundwater to be augmented: All of the Upper Dawsonaquifer groundwater requested herein as described in paragraph 5. Applicant reserves the right to increaseor decrease this amount without amending this application or republishing the same. B. Water rights to beused for augmentation: Return flows from the use of not nontributary and nontributary groundwater anddirect discharge of nontributary ground water. C. Statement of plan for augmentation: The subject UpperDawson aquifer groundwater will be used for sanitary facilities and irrigation use. Applicant estimates thatirrigation use will require approximately 0.057 acre-feet per year for every 1000 square-feet of irrigatedacreage. Sewage treatment for the sanitary facilities will be provided by non-evaporative septic systems.Consumptive use associated with the sanitary facilities will be approximately 10% of water used and it isestimated that approximately 10% of water used for irrigation will be returned to the stream system.Before any other type of sewage treatment is proposed in the future, including incorporation into a centralsewage collection and treatment system, Applicant, or successors and assigns, will amend this decree priorto such change and thereby provide notice of the proposed change to other water users by publicationprocedures in use at that time. During pumping Applicant will replace actual depletions to the affectedstream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to theRunning Creek stream system. Return flows from use of the subject water rights via that stream systemwill accrue to the South Platte River system, and those return flows are sufficient to replace actualdepletions while the subject groundwater is being pumped. After the entire amount decreed herein has beenwithdrawn or after pumping ceases, Applicant will demonstrate that any depletions which may occur to thestream systems are non-injurious and need not be replaced. However, if the Court finds that suchdepletions need to be replaced, Applicant will reserve an adequate amount of nontributary groundwaterunderlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicant claims theright to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of wateravailable for withdrawal from the subject aquifers based on estimates of relative values for specific yieldand saturated thickness, Applicant requests the right to revise the estimates upward or downward, based onbetter or revised data, without the necessity of amending this application or republishing the same. C.Applicant will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein underthe plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicantprays that this Court enter a Decree: 11. Granting the application herein and awarding the water rightsclaimed herein as final water rights, except as to those issues for which jurisdiction of the Court will bespecifically retained; 12. Specifically determining that: A. Applicant has complied with 37-90-137(4),C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified herein to provide for theadjustment of such amounts to conform to actual local aquifer characteristics from adequate informationobtained from wells or test holes drilled on or near Applicant's property, pursuant to 37-92-305(11), C.R.S.and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary andgroundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributarygroundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by thewithdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are



required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other reliefas seems proper in the premises.

2000CW215 CONCERNING THE APPLICATION FOR WATER RIGHTS OF LARRY ANDEVELYN REFOSCO, APPLICATION FOR UNDERGROUND WATER RIGHTS FROMNONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FORAUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE ANDLARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, INDOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Larry and Evelyn Refosco,12640 N. Piney Lake Road, Parker, Colorado 80138 (303) 841-2214 (Holly I. Holder, Holly I. Holder,P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 5534-3636). 2. Well Permits: Well permitswill be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property:The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributaryLower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location onapproximately 27.7 acres of land, being Lot 2, Taylor Subdivision, as located in the N1/2NW1/4NW1/4and the SE1/4NW1/4NW1/4 of Section 20, T6S, R65W of the 6th P.M., as shown on Attachment A hereto("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from theUpper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hillsaquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts andRates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flownecessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subjectgroundwater through wells to be located at any location on the Subject Property. Applicants waive any 600foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property.The estimated average annual amounts of withdrawal available from the subject aquifers as indicatedbelow, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annualamounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlyingthe Subject Property:

Saturated AnnualAquifer Thickness AmountUpper Dawson 93 feet 5 acre-feetLower Dawson 127 feet 7 acre-feetDenver 350 feet 17 acre-feetArapahoe 255 feet 13 acre-feetLaramie-Fox Hills 200 feet 9 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on thehydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and notnontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that thisCourt determine that Applicants have the right to withdraw all of the legally available groundwater lyingbelow the Subject Property, through the wells requested herein, which may be located anywhere on theSubject Property, and any additional wells which may be completed in the future as Applicants' well fields.As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7.Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to beused, reused, successively used, leased, sold, or otherwise disposed of for the following beneficialpurposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish andwildlife, and fire protection uses. Said water will be produced for immediate application to said uses, bothon and off the property, for storage and subsequent application to said uses, for exchange purposes, forreplacement of depletions resulting from the use of water from other sources, and for augmentationpurposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this applicationpursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A.Groundwater to be augmented: All of the Upper Dawson aquifer groundwater requested herein asdescribed in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use ofnot nontributary and nontributary groundwater and direct discharge of nontributary ground water. C.Statement of plan for augmentation: Applicants will use the Upper Dawson water to serve up to 3residential lots through individual wells for domestic, irrigation, and stockwatering use on the SubjectProperty. The wells will withdraw at rates of flow of 15 gpm. For purposes of this application, inhouse



use will require approximately 0.3 acre-feet per year per lot, irrigation use will require approximately 0.057acre-feet per year for irrigation of every 1000 square-feet of home lawn or garden, and stockwatering willrequire approximately 0.05 acre-feet per year for stockwatering of every 4 large domestic animals.Applicants reserve the right to amend these values based on final planning considerations for the SubjectProperty. Sewage treatment for inhouse and commercial use will be provided by non-evaporative septicsystems. Consumptive use associated with in-house and commercial use will be approximately 10% ofwater used and it is estimated that approximately 10% of water used for irrigation will be returned to thestream system. Stockwatering uses will be considered to be 100% consumptively used. Before any othertype of sewage treatment is proposed in the future, including incorporation of the lots into a central sewagecollection and treatment system, Applicants, or successors and assigns, will amend this decree prior to suchchange and thereby provide notice of the proposed change to other water users by publication proceduresrequired by then existing law. During pumping Applicants will replace actual depletions to the affectedstream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to theCherry Creek stream system. Return flows from use of the subject water rights via that stream system willaccrue to the South Platte River system, and those return flows are sufficient to replace actual depletionswhile the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawnor after pumping ceases, Applicants will demonstrate that any depletions which may occur to the streamsystems are non-injurious and need not be replaced. However, if the Court finds that such depletions needto be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying theSubject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right towithdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A ofthe Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of wateravailable for withdrawal from the subject aquifers based on estimates of relative values for specific yieldand saturated thickness, Applicants request the right to revise the estimates upward or downward, based onbetter or revised data, without the necessity of amending this application or republishing the same. C.Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein underthe plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicantspray that this Court enter a Decree: 11. Granting the application herein and awarding the water rightsclaimed herein as final water rights, except as to those issues for which jurisdiction of the Court will bespecifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4),C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified herein to provide for theadjustment of such amounts to conform to actual local aquifer characteristics from adequate informationobtained from wells or test holes drilled on or near Applicants property, pursuant to 37-92-305(11), C.R.S.and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary andgroundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributarygroundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by thewithdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence arerequired to maintain these water rights. FURTHER, Applicants pray that this Court grant such other reliefas seems proper in the premises.

2000CW216 RONALD SHEELEY, 5263 WCR 63, Keenesburg, CO 80643. Application to MakeAbsolute A Conditional Water Right, IN WELD COUNTY. Sheeley Ditch decreed 10/2/1994 in CaseNo. 94CW201, Water Division 1. Location: NW1/4SE1/4, S6, T1N, R63W, 6th P.M. Source: Naturalrunoff and waste water. Appropriation: 11/21/1994 Amount: 1 cfs Use: Irrigation of 80 acres. Outline ofwhat has been done toward completion: Beneficially used 1 cfs for irrigation to be made absolute, anadditional 1 cfs has also been used. Metal irrigation pipe installed also a headgate. If claim to makeabsolute-Water applied to beneficial use: Date: Summer of 1995 Amount: 4.5 af Use: IrrigationDescription of place of use where water is applied to beneficial use: Irrigation of 80 acres in N1/2SE1/4,S6, T1N, R63W, 6th P.M. as supplemental to 80 shares of Henrylyn Ditch Water. (2 pages)

2000CW217 (88CW054 (A) and (B) EAST CHERRY CREEK VALLEY WATER ANDSANITATION DISTRICT, c/o David Kaunisto, Manager, 4343 South Buckley Road, Suite 300, Aurora,CO 80015. (William B. Tourtillott, Brian M. Nazarenus, Carolyn F. Burr, FRIEDLOB SANDERSONPAULSON & TOURTILLOTT, LLC, 1400 Glenarm Place, Denver, Colorado 80202-5099.APPLICATION TO AMEND DECREE TO OBTAIN CREDIT FOR“ZONE 3" RETURN FLOWS



AND TO INCLUDE ADDITIONAL SOURCES OF AUGMENTATION WATER IN PLAN FORAUGMENTATION , IN ARAPAHOE COUNTY.

2. Summary of 88CW054(A) and (B) decrees:

The 88CW054(A) decree was entered by the Court on April 13, 1992. Under the 88CW054(A)decree the District obtained an augmentation plan for eight wells (Piney Creek Well Nos. 1 through 8,hereinafter the “Piney Creek Wells”) located on Piney Creek in S16, 17, 22, 23, 25 & 26, T5S, R66W, 6th

P.M. The sources of augmentation water for the Piney Creek Wells are return flows from irrigation oflawns, parks, open spaces, and golf courses, and measured spillage and measured flushing flows owned,controlled, or claimed by the District pursuant to case nos. 85CW054 (79CW177), 84CW397 (79CW179),83CW083 (W-7683), 81CW427, 85CW196 (79CW260), 85CW196(A), 84CW153 (W-9420), 83CW329(W-9211 & W-9212), 80CW330(A), 85CW171, 83CW330, 86CW058, 84CW290, 85CW172(A),88CW016, 86CW314 (79CW041), and 84CW616 (79CW041).

Paragraph 5.C. of the 88CW054(A) decree provides that the District may include as a source ofaugmentation water for the plan any nontributary groundwater sources acquired by the District after thedate of the 88CW054(A) decree.

Section 7.B.(2) of the 88CW054(A) decree designates three zones to identify and to differentiatethe timing of return flows to Piney Creek under the plan for augmentation. Under this section, the timingof return flows from Zone 1 and Zone 2 is determined, but the timing of return flows from Zone 3 is notdetermined. However, the decree provides that, after the collection of adequate data with respect to thetiming of return flows by the District, the timing of return flows from Zone 3 may be determined in thefuture by Order of the Court amending the 88CW054(A) decree and allowing credit for such return flowsunder the plan for augmentation.

The 88CW054(B) decree was entered by the Court on March 16, 1999. Under the 88CW054(B)decree the District obtained an augmentation plan for three wells (District Alluvial Wells CC-10, CC-12,and CC-15, hereinafter the “Cherry Creek Wells”) located on Cherry Creek in S19, T5S, R66W, 6th P.M.The sources of augmentation water for the Cherry Creek Wells are return flows from irrigation of lawns,parks, open spaces, and golf courses, and measured spillage and measured flushing flows owned,controlled, or claimed by the District pursuant to case nos. 85CW054 (79CW177), 84CW397 (79CW179),83CW083 (W-7683), 81CW427, 85CW196 (79CW260), 85CW196(A), 84CW153 (W-9420), 83CW329(W-9211 & W-9212), 80CW330(A), 85CW171, 83CW330, 86CW058, 84CW290, 85CW172(A),88CW016, 86CW314 (79CW041), and 84CW616 (79CW041).

Paragraph 3.3 of the 88CW054(B) decree provides that the District may include as a source ofaugmentation water for the plan any nontributary groundwater sources acquired by the District after thedate of the 88CW054(B) decree.

3. Requested amendments for the 88CW054(A) decree:

By this application, the District respectfully requests the Court to amend the 88CW054(A) decreeas follows:

3.1 Determination of timing of return flows from Zone 3. In accordance with theprovisions of section 7.B.(2) of the 88CW054(A) decree, the District seeks to determine the timing ofreturn flows from Zone 3 and to include those return flows in its plan for augmentation. The District hasgathered data to determine the timing of return flows from Zone 3. Based on this data, the District hasconcluded that return flows from Zone 3 accrue to Piney Creek year-round on a steady-state basis. Withleave of the Court, the Zone 3 return flows shall be included in the 88CW054(A) plan for augmentation inaccordance with the existing terms and conditions of the 88CW054(A) decree governing the calculation,accounting and reporting of return flows under the plan.



3.2 Inclusion of additional nontributary water rights as a source ofaugmentation water. The District currently has Water Court applications pending with the Willows WaterDistrict (“Willows”) in case nos. 99CW161 and 99CW164. Case no. 99CW164 concerns nontributarywater rights decreed to Willows in case nos. W-7731-74 and 7733-74, and seeks to establish that thosewater rights can be used to serve the inhabitants of the East Cherry Creek Water and Sanitation District.Case no. 99CW161 concerns an application by the District and Willows to determine the additional amountof nontributary ground water that Willows is entitled to withdraw from the Dawson, Denver, Arapahoe, andLaramie-Fox Hills aquifers underlying the boundaries of Willows based on a resolution adopted pursuant toC.R.S. §37-90-137(8), and to determine that such nontributary ground water can be used to serve theinhabitants of the District. The District hereby seeks the right to include return flows from the nontributarywater rights that are the subject of case nos. 99CW161 and 99CW164 as sources of augmentation water forthe plan for augmentation decreed in case no. 88CW054(A), subject to the entry of a final decree by theCourt in case nos. 99CW161 and 99CW163, and subject further to the conveyance to the District of thewater, water rights and rights to water that are the subject of said cases in accordance with the February 19,1999 Option and Purchase Agreement between the District and Willows.

4. Requested amendments for the 88CW054(B) decree:

By this application, the District respectfully requests the Court to amend the 88CW054(B) decreeto include return flows from the nontributary water rights that are the subject of case nos. 99CW161 and99CW164 as sources of augmentation water for the plan for augmentation decreed in case no.88CW054(B), subject to the entry of a final decree by the Court in case nos. 99CW161 and 99CW163, andsubject further to the conveyance to the District of the water, water rights and rights to water that are thesubject of said cases in accordance with the February 19, 1999 Option and Purchase Agreement betweenthe District and Willows. (5 pages).

2000-CW-218 Central Colorado Water Conservancy District and Ground Water ManagementSubdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley,Colorado 80631 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley,Colorado 80631) and Henrylyn Irrigation District, P. O. Box 85, Hudson, Colorado 80642 (Steven Janssen,2100 22nd Street, #C, Boulder, Colorado 80302-4530). Application for Finding of Reasonable Diligence inADAMS AND WELD COUNTIES. 2. Name of Structure: Boxelder Recharge Project. 3. ConditionalWater Right: A. Original Decree: 82-CW-413, Water Division µ 1, October 6, 1993. Decree to MakeAbsolute and for Diligence, 92-CW-048, February 8, 1996. Amended Decree, 93-CW-086, November 10,1994 (The Amended Decree incorporated all the terms of the prior decrees and required a diligence filingby November 2000). B. Points of Diversion: 1. At the common headgate of the Burlington Ditch, theO'Brian Canal and the Denver-Hudson Canal located in the Southwest Quarter of the Northeast Quarter ofSection 14, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado, also known asthe Riverside Gates. Water is diverted through the Burlington Ditch, through the O'Brian Canal andthrough the Denver-Hudson Canal to a point where the Denver-Hudson Canal intersects the originalchannel of Box Elder Creek, immediately below Boot Leg Reservoir a/k/a Boot Lake Reservoir, in Section1, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado where the waters arediverted out of the Denver-Hudson Canal. 2. At a point on Box Elder Creek immediately below Boot LegReservoir in Section 1, Township 1 South, Range 65 West of the 6th P.M. and north along the channel ofBox Elder Creek to the confluence of Horse Creek in Section 19, Township 1 North, Range 64 West of the6th P.M. where waters of Box Elder Creek arising because of natural surface flows, precipitation or run-offwill be diverted and measured for beneficial use. C. Source: Source: South Platte River and BoxelderCreek. D. Appropriation Date: May 10, 1979. E. Amount: 1220 acre-feet absolute; 1780 acre-feetconditional. F. Use: Augmentation, recharge, replacement and exchange. 4. Outline of What Has BeenDone Toward Completion: Applicants have diverted water for the decreed beneficial uses from 1994 to thepresent in the following amounts as shown by the State Engineer's diversion records: 1044.51 a.f., 1994;764.84 a.f., 1995; 794.99 a.f., 1996; 914.59 a.f., 1997; 921.93 a.f., 1998; 541.30 a.f., 1999; 739.8 a.f. 2000.Applicants have expended approximately $116,836.00 for operation of the project from 1994 to November2000. 5. Claim for Diligence: Applicant seeks a finding of reasonable diligence for the 1780 a.f. thatremains conditional.



2000-CW-219 RANDALL L. HOCKING, PHILLIP G. YASTROW & ELLEN J. YASTROW, P.O. Box 332, Windsor, Colorado 80550, The Central Colorado Water Conservancy District and GroundWater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28thStreet, Greeley, Colorado 80631, (Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 EleventhAvenue, Greeley, CO 80631). Application for Water Right, Change of Water Right and Plan ofAugmentation in WELD COUNTY. APPLICATION FOR WATER RIGHT 2. Name of Structure: LakuLanding Lake. 3. Legal Description of Structure: In the Northwest Quarter of the Northeast Quarter ofSection 29, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado at a point 614 feetsouth and 2176 feet west of the Northeast corner of said section. 4. Source of Water: Groundwater in theCache la Poudre River.5. A. Date of Initiation of Appropriation: January 20, 1990. 5.B. How AppropriationWas Initiated: Purchase of property for construction of lake. 6. Amount Claimed: 172 acre feet, absolute.7. Use: Recreation, fish, wildlife. 8. Description of Project: Laku Landing Lake was excavated for graveland mining is complete. The lake is primarily used for water skiing and related recreational activities.Augmentation of out of priority depletions caused by evaporation of the lake surface will be made asdescribed below. This water right will be owned by Applicant. A map showing the location of the lake isattached. CHANGE OF WATER RIGHT AND PLAN OF AUGMENTATION 9. Change of Water Right:Applicant owns 6 shares of the B. H. Eaton Ditch and seeks to change the use to add augmentation use. TheB. H. Eaton Ditch headgate is located in Section 19, Township 6 North, Range 67 West of the 6th P.M.,Weld County, Colorado. Applicant’s 6 shares of the B. H. Eaton Ditch entitles them to a prorata amount ofthe following decrees:

Case No. Amount Appropriation Adjudication 320 29.10 cfs 4/11/1864 4/11/1882 320 3.33 cfs 6/01/1866 4/11/1882 320 9.27 cfs 7/25/1872 4/11/1882

10. Historic Use: The 6 shares of the B. H. Eaton Ditch were historically used to irrigate 76 acres ofApplicant’s property, at the location of the lake, in the S½ of Section 20 and the N½ of Section 29, T6N,R67 W of the 6th PM Weld County, Colorado. The 6 shares of the B. H. Eaton Ditch have an averageannual delivery of 156 acre feet. A consumptive use analysis of the 6 shares has been prepared recognizingditch loss, historic return flows and field efficiencies and is as follows:

Historic Historic Historic B.H. C.U. Returns Eaton Historic B.H. B.H. Div. NCIR Eaton Eaton (af) (af) (af) (af)

Jan 0.00 0.00 0.00 0.00Feb 0.00 0.00 0.00 0.00Mar 0.00 0.00 0.00 0.00Apr 2.87 3.18 0.92 1.95May 19.86 5.46 4.58 15.28Jun 24.13 23.86 14.27 9.86Jul 46.76 41.71 27.97 18.78Aug 40.98 38.97 24.59 16.39Sep 20.43 14.74 10.35 10.09Oct 1.34 2.11 0.44 0.91Nov 0.00 0.00 0.00 0.00Dec 0.00 0.00 0.00 0.00

Total 156.38 130.14 83.12 73.2611. Plan of Augmentation: Applicant proposes to use the consumptive use from the 6 shares to augment thelake evaporation. Applicant proposes to maintain the historic losses and return flows, 73.26 acre feet, anduse the historic consumptive use, 83.12 acre feet, for augmentation of the lake. The average annualdepletion attributable to evaporation of 21.5 acres of lake surface is 42.63 acre feet. Since there isinsufficient historic consumptive use from the 6 shares to provide augmentation in the period Octoberthrough April, Applicant has entered into an Agreement for acquisition of 12.86 acre feet from Central tobe delivered during this period if there is a call. The Agreement is for water to be released from Jo DeeReservoir decreed in Case µ 92-CW-165, Siebring Reservoir decreed in Case µ 88-CW-127, La PoudreReservoirs decreed in Case µ 94-CW-097, 83rd Avenue Reservoir decreed in Case µ 94-CW-096 or any



other source that meets the augmentation requirement. The Agreement requires Applicant to transfer andassign to Central 53.34 acre feet of consumptive use water from the 6 shares for use by Central and changethe same in this application. The monthly distribution of evaporation, historic returns, consumptive use andstorage water releases are shown below:

Future Lake Repl’mt Repl’mt Evap. Req’mt Deficit (af) (af) (af)

Jan 0.19 0.19 -0.19Feb 1.07 1.07 -1.07Mar 1.87 1.87 -1.87Apr 5.19 7.14 -4.27May 4.17 19.45 0.41Jun 5.92 15.79 8.35Jul 6.78 25.57 21.19Aug 6.67 23.06 17.92Sep 4.87 14.96 5.47Oct 3.04 3.94 -2.60Nov 2.28 2.28 -2.28Dec 0.57 0.57 -0.57Total 42.63 115.89 40.49

12. Central’s use of the 53.34 acre feet will be augmentation, replacement, exchange, recreation, storage,with the right to totally consume the water, either by first use, successive use, or disposition. 13. Name ofOwner of Land on Which Structures are Located: Applicant. The B. H. Eaton ditch is owned by the B. H.Eaton Ditch Company, c/o Martin Lind, 8200 Eastman Park Drive, Windsor, Colorado 80550.

98CW452 LOUIS SWIFT, 6101 S County Road 7, Fort Collins, CO 80525. (Frederick A. Fendel, III ,PETROCK & FENDEL, P.C., 1630 Welton Street, Suite 200, Denver, CO 80202).Amended Applicationfor Underground Water Rights, IN LARIMER COUNTY. The original application filed in this matter isamended as follows: 1. Description of Structures: The Swift ponds are located in the NE1/4N1/2SE1/4,S10, T6N, R68W, 6th P.M., Larimer County. 2. Amount: Groundwater: 0.29 cfs (130 gpm), absolute;Stormwater: precipitation falling on or directly tributary to the ponds up to existing capacity of 576 acrefeet. 3. Source: Groundwater and stormwater tributary to the Cache La Poudre River and its tributaries,including Mallard Creek. 4. Use: Piscatorial, including fishing, facilities for children, recreation,academic, aesthetic, maintenance of water levels for these purposes. 5. Remarks: Out of priority depletions(evaporation) from the ponds are replaced pursuant to the existing augmentation plan decreed in Case No.94CW015. The exposed surface area (59.3 acres) will not be enlarged above that provided in 94CW015.Maintenance of water levels is essential for accomplishing the beneficial uses. (1 page)

99CW150 JOHN T. WINDELL AND LAURANNE P. RINK, 9999 Weld County Road 25, FortLupton, Colorado 80621. (Paul J. Zilis, VRANESH AND RAISCH, LLP, 1720 14th Street, Suite 200, P.O.Box 871, Boulder, CO 80306-0871. AMENDMENT TO APPLICATION FOR APPROVAL OF PLANFOR AUGMENTATION AND CHANGE OF WATER RIGHT, IN WELD COUNTY.

2. The original Application filed in this case on September 30, 1999 (the “Original Application”)shall be amended to correct the legal description of Well No. 1 (Well Permit No. 17179).

3. Legal description of the structure to which this amendment applies:Pursuant to Uniform Water Court Rule 4(a), the legal description of the structure to whichthis amendment applies is Well No. 1: Well No. 1 is located in the NW 1/4 NE 1/4 of Section13, Township 2 North, Range 67 West, 6th P.M. at a point approximately 50 feet south and1,650 feet west of the northeast corner of Section 13. Accordingly, paragraph 5.A.1. of theOriginal Application shall now provide as follows: “1. Well No. 1 (Permit No. 17179) islocated in the NW 1/4 NE 1/4 of Section 13, Township 2 North, Range 67 West, 6th P.M. ata point approximately 50 feet south and 1,650 feet west of the northeast corner of Section13.

4. Remarks:



a. Except as expressly amended hereby, all the claims, provisions, terms andconditions of the Original Application shall remain in full force and effect.

b. Applicants request that this amendment relate back to the filing of the OriginalApplication in this matter.

c. Applicants stipulate that all previous Statements of Opposition filed in thismatter shall remain valid as against the Application as amended, without theneed to renew such statements. (2 Pages)

2000-CW-181 Larry E. Harris and Deborah K. Harris, 27781 County Road 385, Iliff,Colorado 80736 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue,Greeley, CO 80631) Application for Water Right and Change of Water Rights in Logan County.2. Decreed Name of Structures: Well No.1498-R, Lone Tree Ditch and Huston Ditch. 3. PreviousDecrees: A. A decree was entered in the Water Court, Water Division No. 1, Case No. W-4115 onFebruary 19, 1975 adjudicating Pedroni Well No. 1-1498 located in the NW1/4 of the NW1/4 ofSection 22, Township 9 North, Range 51 West of the 6th P.M., Logan County, Colorado, at apoint 855 feet South and 680 feet East of the Northwest corner of said Section, with a date ofappropriation of July 31, 1917 in the amount 4.901 c.f.s. for the irrigation of 200 acres north andeast of the well in the NW1/4 of the NW1/4 of Section 22, and the SE1/4 of the SW1/4 and theSE1/4 of Section 15, all in Township 9 North, Range 51 West of the 6th P.M., Logan County,Colorado. B. Lone Tree Ditch was decreed in the Logan County District Court on July 20, 1896for 82 c.f.s. with an appropriation date of July 15, 1895 for irrigation and domestic purposes thepoint of diversion being on the South bank of the South Platte River in the NE1/4 of Section 21,Township 9 North, Range 51 West of the 6th P.M. Logan County, Colorado. C. Huston Ditch wasdecreed in Case No. 547 in the Logan County District Court on May 29, 1897 for 10 c.f.s. with anappropriation date of September 17, 1894 for irrigation and domestic purposes the point ofdiversion being in the SW1/4 NW1/4 of Section 14, Township 9 North, Range 51 West of the 6thP.M. Logan County, Colorado. In Case No. 944 in the Logan County District Court the decreewas transferred to the headgate of the Lone Tree Ditch. 4. Historic Use: Well No. 1498, LoneTree Ditch and Huston Ditch have been used for irrigation of 144.9 acres located in parts of theNW1/4 of the NW1/4 of Section 22, and the SE1/4 of the SW1/4 and the SE1/4 of Section 15, allin Township 9 North, Range 51 West of the 6th P.M., Logan County, Colorado. 5. ProposedChange: A. Applicant seeks alternate points of diversion for the Lone Tree Ditch and HustonDitch. Applicant owns 11 cfs of the 82 cfs decreed to the Lone Tree Ditch and 2 cfs of the 10 cfsdecreed to the Huston Ditch and seeks approval to pump the ditch rights from Well No. 1498-Rand Harris Well No. 1, to be located on the south bank of the South Platte River in the NE1/4SE1/4 of Section 15, Township 9 North, Range 51 West all in the 6th P.M., Logan County,Colorado at a point 2150 feet north and 1220 feet west of the southeast corner of said section.Applicant seeks to change the use of Well No. 1498-R and the ditch rights to irrigation, wildlifeand wetland purposes, recharge and augmentation. Applicant also seeks to make Harris WellNo. 1 and Well No. 1498-R alternate points to each other. B. Applicant has analyzed the historicditch and well diversions and historic consumptive use of the combined water rights on the 144.9acres irrigated. The crops grown during the historic study period were corn, 22.21 acres; alfalfa83.38 acres; beans 5.82 acres; beets 5.82 acres and wheat 27.86 acres. Diversion of the LoneTree Ditch and Huston Ditch rights from the wells may change the timing of depletion to the river,but the volume of depletion will remain the same. Table 1 shows the consumptive use in acre feetby month and the differences due to the alternate points of diversion.

TABLE I*

Historic Historic APD Total Ditch Well Well Recharge RiverDepletions Depletions Depletions Accretions Impact

Jan 5.66 -2.07 -6.24 14.20 4.37Feb 1.70 -1.56 -7.16 13.60 6.30Mar 0.46 -1.46 -10.94 11.70 1.77Apr -16.57 -1.66 -9.52 5.60 14.31



May -35.31 -2.58 -17.13 3.40 24.15Jun -31.15 -8.43 -36.81 2.50 5.27Jul -53.16 -15.58 -56.81 2.10 14.66Aug -47.24 -15.13 -57.41 1.80 6.77Sep -23.00 -11.85 -42.53 11.10 3.42Oct 0.41 -8.25 -25.79 17.70 -0.25Nov 8.17 -4.57 -14.84 17.10 -1.34Dec 8.52 -2.91 -9.20 15.00 0.19 -181.50 -76.07 -293.76 115.80 79.60*All values are in acre feet and negative number denote depletions. GASP units are not includedin this table.

C. Applicant proposes to construct a recharge pond to develop recharge credits and a wetlands areaon the property. Water will be pumped into the recharge and wetland areas. The recharge andwetlands uses are included in the above table. The proposed change will not cause injury to otherwater rights. 6. Name of Structure: Harris Well No. 1. A. Legal Description: In the NE1/4 SE1/4 ofSection 15, Township 9 North, Range 51 West all in the 6th P.M., Logan County, Colorado at a point2150 feet north and 1220 feet west of the southeast corner of said section. B. Source: Tributaryalluvium. C. Depth: 100 feet. D. Date of Appropriation: September 1, 2000. E. How AppropriationWas Initiated: Preparation of Engineering. F. Amount Claimed: 1500 g.p.m. (3.33 cfs), conditional. G.Use: Irrigation, wildlife and wetland purposes, recharge and augmentation. 7. Name and Address ofOwners of Structures: Applicant. THIS APPLICATION IS BEING REPUBLISHED TO SHOW THECORRECT TABLE ABOVE.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of January, 2001 to file withthe Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certainapplication should not be granted or why it should be granted only in part or on certain conditions. A copyof each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and anaffidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.(Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO80632.

RULINGS ENTERED BY REFEREE LIESMAN ON 11-09-2000

2000CW012 MERIDIAN INDUSTRIAL DOUGLAS PAGES 16

99CW118 TOWN OF ELIZABETH ELBERT PAGES 18

98CW374 CITY OF ARVADA JEFFERSON PAGES 04_____________________________________________________________________RULINGS ENTERED BY REEFREE LIESMAN ON 11-20-2000

99CW218 LEO & DEBORAH HINDREY DOUGLAS/ PAGES 13EL PASO

00CW026 THOMAS RITZEL AND LANA DOUGLAS PAGES 09MILLER RITZEL

DECREE ENTERED BY JUDGE HAYS ON 11-08-2000

98CW398 CLIMAX MOLYBDENUM CLEAR CREEK PAGES 18DECREES ENTERED BY JUDGE HAYS ON 11-13-2000

99CW222 WILLIAM HIATT, M.D. AND PARK PAGES 14DR. ROY LININGER



99CW223 HARMONY LAND & CATTLE ELBERT PAGES 09 DECREES ENTERED BY JUDGE HAYS ON 11-30-2000

98CW374 CITY OF ARVADA JEFFERSON PAGES 04

98CW475 WILLIAM CONDON LOGAN PAGES 12

99CW013 THOMAS & RHONDA ADAMS PAGES 04CARRASCO

99CW118 TOWN OF ELIZABETH ELBERT PAGES 18

99CW184 LORWINCINTER LLC WELD PAGES 04

00CW012 MERIDIAN INDUSTRIAL DOUGLAS PAGES 16

00CW77 SCOTT & FRANCINE DOUGLAS PAGES 08ONOFRIO MCHENRY

00CW104 TOMPKINS DEVELOPMENT ADAMS PAGES 13

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