to all persons interested in water … · 2001cw200 steve andreas, 1221 left hand canyon drive,...

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 of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of November, 2001. 2001CW198 ALAN MAZZOTTI, 2628 WCR 49, Hudson, CO 80642. Application for Underground Water Right, IN ADAMS COUNTY. Mazzotti Irrigation Well is located in the SW1/4SE1/4, S8, T2S, R67W, 6th P.M., 275’ of S section line and 1600’ E of section line. Source: Alluvium of South Platte. Appropriation: 3/22/1957 Amount claimed: 50 gpm Proposed use: Approximately 17,000 sq. ft. greenhouse and 5000 sq. ft. of landscape. Irrigation of 2.5 acres in the SW1/4SE1/4, S8, T2S, R67W, 6th P.M. Remarks: Augmented with one share of Fulton Ditch water with dry up. (2 pages) 2001CW199 (95CW107, 93CW152. W-125) JAMES N. ATHANASIOU, 2713 E. Lone Tree, Littleton, CO 80122. Application To Make Absolute A Conditional Water Right, IN GILPIN COUNTY. Sea of Storms Reservoir & Alternate Points 1-5. Applicant shall have right to construct 10 more alternate points of storage so long as not more than a total of 75 acre feet is stored.. Date of original decree: 12/19/1994 in Case No. 93CW152, in Water Division 1. Sea of Storms Alternate Point 1-Approximately 1900’ N and 1800’W of SE corner of said S20. Sea of Storms Alternate Point 2-Approximately 1100’ N and 1900’W of SE corner of said S20. Sea of Storms Alternate Point 3-Approximately 200’ N and 1700’W of SE corner of said S20. Sea of Storms Alternate Point 4-Approximately 400’ N and 900’W of SE corner of said S20. Sea of Storms Alternate Point 5-Approximately 800’ N and 750’W of SE corner of said S20. All structures located in SE1/4, S20, T2S, R72W, 6th P.M. Source: Seepage area tributary to Ralston Creek which lies immediately to the North and West in parts of Sections 17, 18, 19 & 20. Appropriation: 7/10/1966 Amount: 75 acre feet Use: Domestic, irrigation and stock watering. Outline of what has been done toward completion: Plans & construction of Reservoirs were completed per specifications of Courts Decree dated 12/19/1994. Copies of plans are attached. If claim to make absolute-Water applied to beneficial use: Date: 12/19/1994 Amount: 75 acre feet Use: Domestic, irrigation and stock watering. Description of place of use where water is applied to beneficial use: Sea of Storms Reservoir & alternate points 1-5 located in SE1/4, S20, T2S, R72W, 6th P.M. (2 pages) 2001CW200 STEVE ANDREAS, 1221 Left Hand Canyon Drive, Boulder, CO 80302. Application for Water Rights (Surface), IN BOULDER COUNTY. Andreas Spring is located 1000’ S and 550’ E of NW corner and E1/2NE1/4SE1/4, S23, T2N, R71W, 6th P.M. Source: Spring Appropriation: 11/7/01 Amount claimed: 1 gpm Use: Stock watering If non-irrigation, describe purpose fully: Livestock watering Remarks: Existing spring was a muddy spot on a hillside. I dug a hole, placed a 24’ x 2’ concrete ring surrounded by gravel with a cover and plastic outlet pipe. (2 pages) 2001CW201 The New Cache La Poudre Irrigating Company, 33040 Railroad Ave., P.O. Box 104, Lucerne, CO 80646. All correspondence and pleadings to: William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. APPLICATION FOR WATER RIGHTS, STORAGE AND SURFACE, IN LARIMER AND WELD COUNTIES. Names of structures: Cornish Plains Reservoir and Recharge Facility; Barnesville Equalizer Lake (Reservoir) and Recharge Facility; Jack Wells Pumping Plant and Pipeline; Barnesville Equalizer Lake diversion structure and inlet; North Side Extension Ditch (as a recharge facility); North Side Lateral Ditch (as a recharge facility); Greeley No. 2 Canal, a/k/a the New Cache La Poudre Ditch, (as a recharge facility). Legal descriptions: All of the structures are located within Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado, except for the North Side Extension Ditch, the North Side Lateral Ditch and the Greeley No. 2 Canal. (1) Cornish Plains Reservoir: Portions of NW¼ NW¼, NE¼ NW¼, SW¼ NW¼, NW¼ SW¼ and NE¼ SW¼, Section 4, and NE¼ NE¼, SE¼ NE¼, SW¼ NE¼, NW¼ NE¼, NE¼ SE¼ and NW¼ SE¼, Section 5. The precise location of the reservoir’s outlet has not yet been established. (2) Barnesville Equalizer Lake: Portions of NE¼ NW¼, NW¼ NE¼, Section 17, and SE¼ SW¼ and SW¼ SE¼ of Section 8. (3) Jack Wells Pumping Plant will be located near the Barnesville Equalizer Lake, on its east bank, at a point to be determined. (4) The Jack Wells Pipeline will begin at the Jack Wells Pumping Plant and will extend generally in a northeasterly direction through Sections 8, 9 and 4, to the Cornish Plains Reservoir.

November, 2001 Resume

A:\NOV.DOC

2

(5) The Barnesville Equalizer Lake diversion structure will be located within the North Side Extension Ditch just to the north of the Barnesville Equalizer Lake, and the inlet will extend from the south bank of the ditch to the Lake at a point adjacent to the diversion structure. The precise locations have not yet been determined. (6) The North Side Extension Ditch is located in Sections 7 and 8, Township 6 North, Range 63 West; Sections 11, 12, 14, 22 and 23, Township 6 North, Range 64 West, Weld County. (7) The North Side Lateral Ditch is located in Sections 7, 8, 17, 20, 21, 22 and 27, Township 6 North, Range 64 West; Sections 10, 12, 13, 14 and 15, Township 6 North, Range 65 West, Weld County. (8) The Greeley No. 2 Canal is located in Sections 15, 16, 17, 18 and 19, Township 6 North, Range 65 West; Sections 13, 14, 15, 16, 17, 19, 20, 23 and 24, Township 6 North, Range 66 West; Sections 14, 15, 16, 17, 18, 23 and 24, Township 6 North, Range 67 West; Sections 11, 12 and 13, Township 6 North, Range 68 West, and is located in both Larimer and Weld Counties. A general location map is attached as Exhibit A. The reservoirs are both off-channel. The names of the ditches used to fill the reservoirs are the Greeley No. 2 Canal, capacity 650 c.f.s., the North Side Lateral and the North Side Extension Ditch, each with a capacity of 100 c.f.s.. The legal descriptions of each point of diversion, to the extent know, are as stated in paragraph 5 herein. Sources: The Cache La Poudre River; surface water and drainage water, including precipitation and irrigation runoff, flowing into the John Law Seep Ditch and Drainage, Cole Bank Draw, also known as Coalbank Draw, Graham Seep Ditch, Eaton Draw, Willow Creek, which is also known as Galeton Draw, Owl Creek, which is also known as Howard Drain, North Side Lateral, North Side Extension Ditch, or the Greeley No. 2 Canal. Description of points of diversion: A.) The headgate of the Greeley No. 2 Canal is located at the SW¼ SE¼ NE¼ of Section 11, Township 6 North, Range 68 West of the 6th P.M., in Larimer County, Colorado, at a point which lies N 87° 30’ W 1040 feet from the ¼ section corner common to Sections 11 and 12 in said Township 6 North and Range 68 West. B.) The John Law Seep Ditch point of diversion into the Greeley No. 2 Canal is located at the confluence of the Law Ditch with the Greeley No. 2 Canal, located in the NW¼ SW¼ of Section 14, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point approximately 5,250 feet west of the east section line and 1,250 feet north of the south section line. C.) The Cole Bank Draw point of diversion into the Greeley No. 2 Canal is located at the confluence of Cole Bank Draw with the Greeley No. 2 Canal, located in the SE¼ NE¼ of Section 16, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point approximately 500 feet west of the east section line and 2,000 feet south of the north section line of said Section 16. D.) The Eaton Draw point of diversion into the Greeley No. 2 Canal is located at the confluence of Eaton Draw with the Greeley No. 2 Canal, located in the NW¼ NE¼ of Section 17, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point approximately 2,000 feet west of the east section line and 5,000 feet north of the south section line of said Section 13. E.) The Galeton Draw point of diversion is located at the confluence of Willow Creek with the North Side Lateral, located in the SW¼ NE¼ of Section 7, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, at a point approximately 1500 feet west of the east section line and 1750 feet south of the north section line. F.) The Owl Creek point of diversion is located at the confluence of Owl Creek with the North Side Lateral, located in the NE¼ SE¼ of Section 21, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, at a point approximately 1400 feet north of the south section line and 50 feet west of the east section line. G.) Other inflows at any location along the courses of the North Side Lateral, the North Side Extension Ditch, and the Greeley No. 2 Canal are also claimed. Dates of initiation of appropriation: (1) Cornish Plains Reservoir: September 17, 2001. (2) Barnesville Equalizer Lake: September 17, 2001. (3) Barnesville Equalizer Lake diversion structure and inlet: September 17, 2001. (4) North Side Extension Ditch (as a recharge facility): September 17, 2001. (5) North Side Lateral Ditch (as a recharge facility): September 17, 2001. (6) Greeley No. 2 Canal, a/k/a the New Cache La Poudre Ditch, (as a recharge facility): September 17, 2001. How appropriation was initiated: The board of directors of the applicant adopted a resolution of its intent to divert and appropriate water for the beneficial uses stated in this application. Public notices setting forth the intent to appropriate were posted at the locations of points of diversion. Applicant engaged the engineering firm of Smith Geotechnical to conduct on-site inspections and to evaluate and prepare a feasibility study for the construction of the reservoirs at the proposed sites.


A:\NOV.DOC

3

Date water applied to beneficial use: N/A. Amounts claimed (all amounts are CONDITIONAL): A.) Cornish Plains Reservoir: 1,500 acre feet. B.) Barnesville Equalizer Lake: 300 acre feet. C.) The inlet: 100 c.f.s. D.) The Jack Wells Pipeline: 100 c.f.s. E.) The North Side Lateral: 100 c.f.s. F.) The North Side Extension Ditch: 100 c.f.s. G.) The Greeley No. 2 Canal: 650 c.f.s. H.) The John Law Seep Ditch: 50 c.f.s. I.) The Cole Bank Draw: 75 c.f.s. J.) The Eaton Draw: 100 c.f.s. K.) The Galeton Draw: 20 c.f.s. L.) Owl Creek: 14 c.f.s. Uses: Municipal; irrigation; domestic; commercial; industrial; mechanical; manufacturing; recreation; generation of electrical energy; power; fire protection; watering of parks, lawns and golf courses; piscatorial; preservation and enhancement of wildlife habitat; replacement of lake and reservoir evaporation, recharge, augmentation, exchange, and use as substitute supply. Such beneficial uses may be accomplished by direct use, storage, exchange, augmentation, recharge, replacement, and/or adjustment and regulation of stream flow. Number of acres historically irrigated: Approximately 40,000. Total number of acres proposed to be irrigated: The same acreage as historically irrigated. Legal description of acreage irrigated or to be irrigated: Said lands are situate in all or portions of Sections 2, 3, 4, 5, Township 5 North, Range 64 West; Sections 1, 2, 3, 4, 5, Township 5 North, Range 65 West; Sections 7, 17, 18, 19, 20, 29, 30, Township 6 North, Range 63 West; Sections 7, 12, 13, 14, 18 through 36, Township 6 North, Range 64 West; Sections 12, 13, 14, 15, 16, 17, 19 through 36, Township 6 North, Range 65 West; Sections 13, 14, 15, 16, 17, 19 through 34, Township 6 North, Range 66 West; Sections 15 through 25, Township 6 North, Range 67 West; Sections 11, 12, 13, Township 6 North, Range 68 West, all of which lands are situate in Weld County, State of Colorado. If non-irrigation, describe purposes fully: The water will be used to irrigate lands of shareholders of the applicant; for fish propagation and surface recreation within the reservoirs; in exchanges to be later decreed or duly approved, whereby the water will be exchanged for other water diverted at Applicant’s Cache La Poudre River headgate for the Greeley No. 2 Canal, or at other locations; in plans for augmentation to be later decreed, whereby the water will be used to augment the out of priority depletions of water used for the purposes described at the beginning of this paragraph 8, for the recharge of the ground water alluvium of the South Platte River to enable the water to be used for the purposes described herein, and for the maintenance of stored water levels for recreational use. Water stored in Barnesville Equalizer Lake will also be used to equalize and aid in the equitable distribution of water delivered to applicant’s shareholders. Cornish Plains Reservoir: Surface area of high water line: Approximately 130 acres. Maximum height of dam in feet: 15 feet. Length of dam in feet: 3,000 feet. Barnesville Equalizer Lake: Surface area of high water line: Approximately 28 acres. Maximum height of dam in feet: Approximately 12 feet. Length of dam in feet: 2700. Total capacity of reservoir in acre feet: A.) Cornish Plains Reservoir: 1,500 acre feet. Active capacity: 1500 acre feet. Dead storage: 0. B.) Barnesville Equalizer Lake: 300 acre feet. Active capacity: 300 acre feet. Dead storage: 0. Names and addresses of owners of land on which structures for the water rights are located: To the best of Applicant’s knowledge, there are 228 landowners. Their names and addresses are listed on Exhibit B attached hereto. Applicants request that the Court award an ABSOLUTE water right as to all or any portion of the above claims for conditional water rights which may be duly diverted, stored or placed to beneficial use prior to the date of the decree to be entered herein. Applicant claims one complete refill annually of the two reservoirs when water is legally available. Remarks or any other pertinent information: It is intended that the water to fill the Cornish Reservoir will be delivered through the Barnesville Equalizer Lake by being pumped out of it by the Jack Wells Pumping Plant and transported via the


A:\NOV.DOC

4

pipeline. Such water will not be stored for any appreciable length of time in Barnesville Equalizer Lake, and it is not Applicant’s intent that it should be applied to, or considered as satisfying, the Barnesville Equalizer Lake’s decree. Applicant intends to quantify the amount of water it diverts and which seeps back into the ground water table as it is being carried in the ditches, or that seeps from the reservoirs, and to use such water for augmentation purposes. No augmentation use will be made except by virtue of a separately decreed plan for augmentation. Recharge credits because of ditch seepage obtained by virtue of this water right may only arise when this water right is being diverted in priority during the winter months or other times when the Greeley No. 2 is not diverting under its earlier decrees. The measurement of water flowing into the ditches shall be accomplished by means of existing measuring structures within the ditches. 2001CW202 COTTONWOOD LAND AND FARMS, LTD., Clark G. Edwards, Hutchinson Black and Cook, LLC, 921 Walnut Street, Suite 200, Boulder, CO 80302. APPLICATION FOR CONDITIONAL WATER RIGHTS(DIRECT FLOW AND STORAGE) IN LARIMER COUNTY.

1. Name, Address and Telephone Number of Applicant.

Cottonwood Land and Farms, Ltd. Attn: Edwin C. McDowell, Jr. P.O. Box 229 4770 Baseline Road Boulder, CO 80306 (303) 499-1441

Direct all pleadings to:

Clark G. Edwards, Esq. Hutchinson Black and Cook, LLC P.O. Box 1170 Boulder, CO 80306 (303) 442-6514 APPLICATION FOR DIRECT FLOW WATER RIGHTS

2. Name of Structure: East Rigden Diversion Structure.

3. Legal Description:

The East Rigden Diversion Structure will be located on the West bank of the Cache la Poudre River in the

SW ¼ of the SW ¼ of Section 27, Township 7 North, Range 68W, of the 6th P.M. The West end of diversion structure will be located 719 feet from the West section line and 934 feet from the South section line. The East end of diversion structure will be located 947 feet from the West section line and 1004 feet from the South section line.

4. Source: Cache la Poudre River.

5. A. Date of Appropriation: June 1, 2001.

B. How appropriation was initiated: Formation of intent to appropriate, engineering investigation and analysis of the diversion site, and long-term land use planning for the East Rigden Reservoir site (described below).

C. Date water first applied to beneficial use: Not applicable.


A:\NOV.DOC

5

6. Amount Claimed: 10 cfs, CONDITIONAL.

7. Uses: The water will be used for irrigation (see below for description of lands to be irrigated), commercial, industrial, augmentation, recreation, aesthetics, fish and wildlife propagation, replacement and exchange uses, with all uses to be made either on a direct flow basis or following storage of such water in East Rigden Reservoir (described below).

8. Name and address of owner of land on which the diversion structure is located: Applicant. A.APPLICATION FOR STORAGE RIGHTS

9. Name of Structure: East Rigden Reservoir

10. Legal Description:

A. Location of dam:

The East Rigden Reservoir is a below-grade reservoir or series of interconnected reservoirs that were created through the excavation of sand and gravel at the East Rigden Pit, M-79-097. There will be no dam constructed. The East Rigden Return Structure was constructed on the east end of the reservoir to deliver water back to the Cache la Poudre River. The East Rigden Return Structure is located in the SW ¼ of the SW ¼ of Section 27, Township 7 North, Range 68W of the 6th P.M., in Larimer County. The West end of the return structure will be located 518 feet from the West section line and 820 feet from the South section line. The East end of the return structure is located 717 feet from the West section line and 640 feet from the South section line.

East Rigden Reservoir is located on a tract of land in Sections 27 and 28, Township 7 North, Range 68 West of the 6th P.M., in Larimer County. The reservoir will lie in part in each of the following quarter-quarter sections:

NW ¼ SE ¼ of Section 28 Township 7 North, Range 68 West SW ¼ SE ¼ of Section 28 Township 7 North, Range 68 West SE ¼ SE ¼ of Section 28 Township 7 North, Range 68 West NE ¼ SE ¼ of Section 28 Township 7 North, Range 68 West SW ¼ SW ¼ of Section 27 Township 7 North, Range 68 West

B. If an off-channel reservoir, name and capacity of ditch or ditches used to fill the reservoir and

legal description each point of diversion:

The Box Elder Ditch with a capacity of 60 cfs. The headgate for this ditch is located on the South bank of the Cache la Poudre River in the NE ¼ of the SE ¼ in Section 20, Township 7 North, Range 68 West, of the 6th P.M., in Larimer County. The headgate is located 560 feet from the East section line and 2970 feet from the South section line. A new headgate or a series of headgates will be constructed on Applicant’s property in the SW¼ of the SE¼ of Section 28, Township 7 North, Range 68 West of the 6th P.M., in Larimer County, to divert water from Box Elder Ditch into East Rigden Reservoir. The East Rigden Diversion Structure (described above) with a capacity of 10 cfs.


A:\NOV.DOC

6

The approximate locations of East Rigden Reservoir, the East Rigden Return Structure, the Box Elder Ditch headgate, the East Rigden Diversion Structure, and the lands to be irrigated are shown on the attached map (Figure No. 1).

11. Source: Cache la Poudre River.

12. A. Date of Appropriation: June 1, 2001.

D. How appropriation was initiated: Formation of intent to appropriate, engineering investigation and analysis of the reservoir site, and long-term land use planning for the site.

E. Date water first applied to beneficial use: Not applicable.

13. Amount Claimed:

A. 1,066 acre-feet Conditional, with the right to fill and refill.

B. Rate of Diversion in cfs for filling the reservoir: 70 cfs.

Box Elder Ditch: 60 cfs. East Rigden Diversion Structure: 10 cfs.

14. A. Uses: The water will be stored in East Rigden Reservoir and then used for

irrigation, commercial, industrial, augmentation, recreation, aesthetics, fish and wildlife propagation, replacement and exchange uses.

B. If irrigation, complete the following:

i. Number of acres proposed to be irrigated: 231.4 acres. ii. Legal description of acreage irrigated or to be irrigated: The

irrigated acreage will be located in portions of the NW ¼, SW ¼, and SE ¼ of Section 28, Township 7 North, Range 68 West of the 6th P.M., in Larimer County, as set forth in Figure No. l.

C. If non-irrigation, describe fully:

The stored water will be used for recreational purposes within the reservoir itself and will be used for aesthetic purposes as well as fish and wildlife propagation. The stored water will not be used for commercial, industrial, augmentation, replacement and exchange purposes without a separate decree or temporary approval by the Office of the State Engineer.


A:\NOV.DOC

7

15. Surface area of the high water line: 93.5 acres.

A. Maximum height of the dam in feet: Not applicable. B. Length of dam in feet: Not applicable.

16. Total capacity of reservoir in acre-feet:

A. Active capacity: 1,066 acre-feet

B. Dead storage: 0 acre-feet

17. Name and Address of Owner of Land: Applicant.

18. Remarks or any other pertinent information: The East Rigden Reservoir will be lined or otherwise made impervious to the inflow of ground water to the extent necessary to comply with the requirements of the State Engineer. Applicant requests that the court award an ABSOLUTE water right as to all or any portion of the direct flow or storage rights which may be duly diverted and/or stored, and placed to beneficial use, prior to the date of the decree to be entered herein. (5 pages; aerial photo 1 page) 2001CW203 Front Range Water, LLC, 361 71st Avenue, Suite 103, Greeley, CO 80634. APPLICATION FOR CHANGE OF WATER RIGHT (SUPPLEMENTAL POINT OF DIVERSION), IN LARIMER COUNTY. All correspondence and pleadings to: William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. Decreed name of structure for which change is sought: Schnorr Well No. 3. From previous decree: Date entered: September 22, 1975, Case No. W-2306, District Court in and for Water Division No. 1, State of Colorado. Decreed point of diversion: SW¼ of the NE¼ of Section 4, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, at a point North 31° 30’ a distance of 3367 feet from the SE corner of said Section 4. Source: ground water. Appropriation date: September 27, 1956. Historic use: Together with two other wells owned by applicant (Schnorr Well No. 1, 18054-R and Schnorr Well No. 2, 18057-R), the well, as replaced, irrigates 150 acres located in the SE¼ and the S½ of the NE¼ of Section 4, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado. The location of the decreed point of diversion and the approximate location of the lands historically irrigated are shown on the map attached hereto as Exhibit A. Proposed change: Schnorr Well No. 3 was originally decreed for 2.23 c.f.s (1000 gpm) in Case No. W-2306. It is no longer in existence. Permit No. 52862-F-R was issued on November 17, 1999, to redrill the well. The redrilled well was inadequate to obtain the decreed amount, since it only produced 250 gpm. Applicant requested and received another permit (Permit No. 055817-F) issued on May 30, 2001, for the construction of another well to supplement the redrilled well, in order to obtain the full decreed amount of the original Schnorr Well No. 3. The permit limits the pumping rate of this well to no more than 750 gpm. This supplemental well, known as Well 055817-F, is located in the SW¼ of the NE¼ of Section 4, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, at a point 2980 feet from the South section line and 2160 feet from the East section line. Together the two wells, Permit No. 52862-F-R and Permit No. 055817-F, are limited to the original Schnorr Well No. 3’s appropriation amount of 1000 gpm. All three of applicant’s existing wells operate under the Cache La Poudre Water Users Association Plan for Augmentation, decreed in Case No. W-7921,Water Division No. 1, and are limited to pumping no more than a combined total of 270 acre feet per year. Applicant’s new well, as a replacement well for Schnorr Well No. 3, is eligible for inclusion in that plan since it is a replacement well for a participating well, as long as the total amount pumped from all of the wells does not exceed 270 acre feet per year.


A:\NOV.DOC

8

Name and address of owners of land on which structure is located: Front Range Water, LLC, 361 71st Avenue, Suite 103, Greeley, CO 80634. Wherefore, applicant prays that Well 055817-F be decreed as an alternate point of diversion for the Schnorr Well No. 3, limited to pumping no more than 750 gpm (3.315 c.f.s.), and further limited to pumping no more than 270 acre feet during any one year, in combination with applicant’s wells Schnorr Well No. 1, 18054-R, Schnorr Well No. 2, 18057-R, and the redrill of the Schnorr Well No. 3 (Permit No. 52862-F-R), and that the decree provide that any use of Well 055817-F must be pursuant to the Rules and Regulations of the State Engineer unless such use is duly augmented. 2001CW204 (93CW042, 84CW020) LAKE GEORGE HYDRO, LLC, 475 17th Street, Suite 940, Denver, CO 80202. (Mark Silversher, POB 1027, Telluride, CO 81435). Application for Finding of Reasonable Diligence, IN CLEAR CREEK COUNTY. 2. Names of structures and description of Water Rights: On 2/27/1995 the Court decreed in matter 92CW042 that 44 cfs of the subject 150 cfs conditional water rights had become absolute by reason of the completion of the appropriations and this Applicant herein is seeking a decree of reasonable diligence on the remaining 106 cfs. All the below water rights that were decreed on 2/27/1995, in Case Number 93CW42 (84CW20). Name of Structure: Lower Georgetown Hydro Project. B. Point of Diversion: A point on Clear Creek approximately 3,360’ N15W of the southeast corner of S5, T4S, R74W, 6th P.M. Source: Clear Creek Appropriation: 10/31/1983 Amount: 150 cfs Use: Generation of Hydroelectric power. 3. In support of this application for Finding of Reasonable Diligence an outline of work done toward completion of Project and Application of Water to a Beneficial use is submitted as follows: Purchased generation machinery, permits and water rights from owner. Obtained owners interest in land and other improvements via a long term lease. Successfully bid on PSCO supply contract. Purchased tax deed for land. Repaired penstock and tested at 200% static pressure. Reworked generator and electrical system and tested the same. Retained consultant for flow monitoring plan. Performed extensive repairs to building. Transferred FERC license. Performed site clean up. Discussed project with Town of Georgetown. Total costs: $86,700. (5 pages) 2001CW205 CONCERNING THE APPLICATION FOR WATER RIGHTS OF TCD NORTH, INC., IN ARAPAHOE COUNTY AND CITY AND COUNTY OF DENVER. Attorneys for TCD NORTH, INC.: GRIMSHAW & HARRING, P.C., Wayne B. Schroeder, Jody Harper Alderman, Julie Karon Blakley, 1700 Lincoln Street, Suite 3800, Denver, Colorado 80203 Phone Number: (303) 839-3800, Fax Number: (303) 839-3838, E-mail: [email protected], [email protected], [email protected]. APPLICATION FOR CONFIRMATION OF NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER WATER RIGHTS AND CONFIRMATION OF LARAMIE-FOX HILLS WELL FIELD 1. Name and Address of Applicant and Counsel: TCD North, Inc., c/o Peter A. Culshaw, President, Denver Technological Center, 8350 East Crescent Parkway, Suite 100, Englewood, Colorado 80111 . Wayne B. Schroeder, Jody Harper Alderman, Julie Karon Blakley, Grimshaw & Harring, P.C., 1700 Lincoln Street, Suite 3800, Denver, Colorado 80203. 2. Legal Description for Denver Technological Center: The property involved in this application (“Subject Property”)(excluding areas within Southgate Water and Sanitation District) is known generally as the Denver Technological Center and is partially located in: SECTION 8 THE NORTHEAST QUARTER LYING EAST OF I-25 AND SOUTH OF I-225, THE SOUTHEAST QUARTER LYING EAST OF I-25, IN ADDITION TO THE PROPERTY LYING WEST OF I-25 AS DESCRIBED IN EXHIBIT A. SECTION 9 THE NORTHWEST QUARTER LYING SOUTH OF I-225, THE NORTHEAST QUARTER LYING SOUTH OF I-225 AND WEST OF DTC BLVD., THE SOUTHWEST QUARTER LYING EAST OF I-25, AND THE SOUTHEAST QUARTER LYING WEST OF DTC BLVD.


A:\NOV.DOC

9

SECTION 16 THE NORTHEAST QUARTER, THE NORTHWEST QUARTER LYING EAST OF I-25, THE SOUTHWEST QUARTER LYING EAST OF I-25, AND THE SOUTHEAST QUARTER LYING EAST OF I-25. SECTION 15 A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER. ALL IN TOWNSHIP 5 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTIES OF ARAPAHOE AND DENVER, STATE OF COLORADO, TOTALING APPROXIMATELY 707.50 ACRES EAST OF I-25 AND 165.3 ACRES WEST OF I-25. The acreage West of I-25 is generally described as:A PARCEL OF LAND SITUATED WITHIN THE EAST ½ OF SECTION 8, TOWNSHIP 5 SOUTH RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY AND COUNTY OF DENVER, COLORADO. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF EAST BELLEVIEW AVENUE AND THE WEST LINE OF THE EAST ½ OF SAID SECTION 8 FROM WHICH THE SOUTH 1/4 CORNER OF SAID SECTION 8 BEARS SOUTH 00°39'23" WEST, 50.00 FEET; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE OF EAST BELLEVIEW AVENUE SOUTH 89°56'41" EAST, 1276.53 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE NORTH 00°11'19" EAST, 436 FEET; TO THE SOUTHWEST CORNER OF A TRACT UNDER LEASE DATED FEBRUARY 28, 1961, RECORDED OCTOBER 26, 1961 IN THE RECORDS OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY IN BOOK 1297, STARTING AT PAGE 169; THENCE CONTINUING ALONG THE SAME BEARING NORTH 00°11'19" EAST ALONG THE WESTERLY BOUNDARY LINE OF SAID LEASED PREMISSES 669.04 FEET TO AN ANGLE POINT OF SAID WESTERLY BOUNDARY; THENCE CONTINUING ALONG THE SAME BEARING NORTH 00°11'19" EAST LEAVING SAID WESTERLY BOUNDARY, BUT ALONG THE CENTERLINE OF A PUBLIC SERVICE EASEMENT RECORDED IN BOOK 692, PAGE 344, WITH THE CLERK AND RECORDER OF ARAPAHOE COUNTY, 40.00 FEET; THENCE LEAVING SAID CENTERLINE OF THE EASEMENT NORTH 50°51'49" EAST, 610.00 FEET; THENCE 04°38'56" WEST, 429.42 FEET TO THE CENTERLINE OF SAID EASEMENT; THENCE NORTH 50°45'19" EAST ALONG SAID CENTERLINE - 160.00 FEET TO A POINT ON THE SAID WESTERLY BOUNDARY OF THE LEASED PREMISES. THENCE ALONG SAID WESTERLY BOUNDARY THE FOLLOWING TWO COURSES: NORTH 24°00'35" WEST, 959.57 FEET; THENCE NORTH 65°59'25" EAST, 325.15 FEET; TO THE INTERSECTION OF THE BOUNDARY OF SAID LEASED PREMISES WITH THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY I-25; THENCE NORTH 24°03'07" WEST ALONG SAID RIGHT-OF-WAY LINE 981.32 FEET TO THE EAST 1/16 LINE OF SAID SECTION 8; THENCE NORTH 00°25'30" EAST ALONG SAID EAST 1/16 LINE 58.18 FEET; THENCE NORTH 24°03'07" WEST, 1207.46 FEET; ALONG SAID WEST RIGHT-OF-WAY LINE TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST QUINCY AVENUE; THENCE ALONG SAID RIGHT-OF-WAY NORTH 82°35'53" WEST, 804.30 FEET; TO A POINT ON THE WEST LINE OF SAID EAST ½ OF SECTION 8; THENCE ALONG SAID WEST LINE OF THE EAST ½ OF SECTION 8, SOUTH 00°39'23" WEST, 5227.77 FEET; TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 165.3 ACRES, MORE OR LESS. The Subject Property is depicted on the attached “DTC Property Location Map.”


A:\NOV.DOC

10

3. Denver Technological Center is served by Goldsmith Metropolitan District. In various transfers of property, the right to withdraw Laramie-Fox Hills nontributary water has been reserved to the Applicant, except that certain rights in the Laramie-Fox Hills water have been confirmed to Southgate Water and Sanitation District. The Southgate Water and Sanitation District boundaries are depicted generally on the attached “DTC Property Location Map with Southgate Service Boundary.” 4. Source of Water: The source of the groundwater to be withdrawn from the Laramie-Fox Hills aquifer is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amount of withdrawal available from the subject aquifer as indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. After excluding Laramie Fox-Hills water that may be claimed by Southgate Water and Sanitation District, Applicant estimates that 200 acre feet will be available for annual withdrawal. The saturated thickness for the Laramie-Fox Hills aquifer underlying the Denver Technological Center properties is estimated to be 198.20 feet (based on SB-5). Based on the available acreage numbers and the saturated thickness of the Laramie-Fox Hills aquifer, Applicant estimates that approximately 200 af/yr is available to be adjudicated (approximately 148 af/yr underlying DTC proper, and 52 af/yr underlying DTC West). 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available Laramie-Fox Hills groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells that may be completed in the future as Applicant’s well field. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use all water withdrawn from the subject aquifer 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, augmentation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Nontributary Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifer based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant requests a Decree: A. Granting the application herein and confirming the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; B. Specifically determining that: 1. Water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained 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.; 2. The groundwater in the Laramie-Fox Hills aquifers is nontributary groundwater; and 3. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of the groundwater. FURTHER, Applicant requests that this Court grant such other relief as seems proper. 2001CW206 (W-8573-77) STEVE AND CAROL CRAWFORD, 127 Al Gulch Court, Jefferson CO 80456. Application for Change of Water Right, IN PARK COUNTY. Well #056247-F McManus Ditch decreed 10/30/1978 in Case No. W-8537-77, Water Division 1. Decreed point of diversion: NE1/4NE1/4, S14, T9S, R74W, 6th P.M., 70’ from N section line and 150’ from E section line. Source: All unnamed aquifers Historic use: No true historic use other than household use only & irrigation of 2,000 sq. ft. Proposed change: Change use from irrigation of 2,000 sq. ft. to watering of domestic livestock (2 horses). Irrigation use is equal to 0.0689 af/unit. Proposed livestock use two horses at 0.0125 af/per animals. (2 pages)


A:\NOV.DOC

11

2001CW207 WILLIAM R. SANDIFER II, David G. Hill, BERG HILL GREENLEAF & RUSCITTI LLP, P. O. Box 1719, Boulder, CO 80306. APPLICATION FOR SEXTENNIAL FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT, IN JEFFERSON COUNTY, 1. Name and Address of Applicant: William R. Sandifer II 34093 Upper Bear Creek Road Evergreen, CO 80439 (303) 674-0500 2. Name of Structure: 2.1 Sandifer Pond I.

2.2 Exchange decreed in 94CW140. 3. Describe Conditional Water Right giving the following from the Referee’s Ruling

and Judgment and Decree: 3.1 Sandifer Pond I, Conditional Refill Right.

3.1.1 Date of Original Decree: November 17, 1995, Case No. 94CW140, District Court, Water Division No. 1.

3.1.2 Location of Point of Diversion: A point in the SE1/4 of the SE1/4,

Section 1, Township 5 South, Range 72 West of the 6th P.M., from which the SE corner of Section 1 bears South 42°43’ East, 1,236 feet. The headgate is located on the north bank of Bear Creek. A corrugated metal pipe 18 inches in diameter runs from the headgate in a northeasterly direction approximately 400 feet to Sandifer Pond I.

3.1.3 Source: Bear Creek, a tributary of the South Platte River. 3.1.4 Appropriation Date: November 15, 1993. 3.1.5 Amount Claimed: 2.29 acre feet, CONDITIONAL REFILL.

3.1.6 Type of Use or Proposed Use: 1) domestic and augmentation purposes uses with respect to not more than ten (10) residences to be constructed on the property described in Subparagraph 3.1.8 below; and 2) for irrigation of the lands described in Subparagraph 3.1.7 below. Up to twenty percent of the water may be used for purpose number one and the balance for purpose number two;


A:\NOV.DOC

12

provided that if Applicant is unable or not permitted to construct ten residences on the property described in Subparagraph 3.1.8, then Applicant shall be entitled to use that portion of his rights that otherwise would have been used in connection with such residences for the purpose of irrigating the lands described in Subparagraph 3.1.7; for example, if only five residences are constructed, then Applicant may use ninety percent of his rights for such irrigation.

3.1.7 Place of Use for Irrigation: Approximately 5 acres of pasture land

located in the SE1/4 of Section 1, Township 5 South, Range 72 West, 6th P.M., Jefferson County, Colorado, and bounded on the east by the east line of Section 1, on the south by Upper Bear Creek Road, on the west by a parcel of land conveyed by deed recorded in Book 2133 at Page 74 in the real property records of the County Clerk and Recorder of Jefferson County, and on the north by a forested area, the boundary of which is approximately 300 feet north of Upper Bear Creek Road.

3.1.8 Place of Use for Augmentation of Residential Wells: See Exhibit

A hereto.

3.2 Exchange decreed in 94CW140.

3.2.1 Date of Original Decree: November 17, 1995, Case No. 94CW140, District Court, Water Division No. 1.

3.2.2 Location of Point of Diversion: Sandifer Pond I, described above.

3.2.3 Location of Point of Release of Substitute Supply: The Harriman Ditch headgate on Bear Creek, a tributary of the South Platte River.

3.2.4 Source: Bear Creek, a tributary of the South Platte River . 3.2.5 Appropriation Date: November 15, 1993.

3.2.6 Amount Claimed: 0.05635 cfs, CONDITIONAL for augmentation, and 0.05635 cfs, ABSOLUTE for irrigation.

3.2.7 Type and Place of Use or Proposed Use: Applicant shall be

entitled to exchange the consumptive use portion of the water to which he is entitled under his Warrior Ditch water rights from the Harriman Ditch headgate on Bear Creek to the point of diversion identified above, but only to the extent that Applicant’s Warrior Ditch rights are in priority.


A:\NOV.DOC

13

The consumptive use portion of water to which Applicant is entitled under his Warrior Ditch water rights may be left in the stream at the headgate of the Harriman Ditch at such times and at such rates that such water is physically and legally available. An amount of water equal to the amount of consumptive use water to which Applicant is entitled under his Warrior Ditch water rights may be diverted at any of the points of diversion identified above and used for 1) domestic and augmentation purposes uses with respect to not more than ten (10) residences to be constructed on the property described in Subparagraph 3.1.8 above; and 2) for irrigation of the lands described in Subparagraph 3.1.7 above. Up to twenty percent of the water may be used for purpose number one and the balance for purpose number two; provided that if Applicant is unable or not permitted to construct ten residences on the property described in Subparagraph 3.1.8, then Applicant shall be entitled to use that portion of his rights that otherwise would have been used in connection with such residences for the purpose of irrigating the lands described in Subparagraph 3.1.7; for example, if only five residences are constructed, then Applicant may use ninety per cent of his rights for such irrigation.

4. Provide a detailed outline of what has been done toward completion or for

completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant has expended the following sums with respect to the conditional water rights, which are part of an integrated project:

Irrigation System, including installation of pipe, valves, and sprinkler heads, and replacement of pumps: $ 8,172 Warrior Ditch Annual Fees: $ 1,035 Water Attorney and Water Engineer: $ 5,302 Land Development, including Surveying, Mapping, Soil Testing, and Road Construction: $ 94,289 Total $108,798 Applicant has diligently pursued obtaining the necessary land use approvals from

the Board of County Commissioners of the County of Jefferson to build the homes whose wells will be augmented.

Applicant has diligently pursued the exercise of his storage rights in Sandifer

Pond I and has used water derived therefrom for irrigation of the land described in Paragraph 3.1.7.


A:\NOV.DOC

14

5. Water Applied to Beneficial Use: 5.1 94CW140 Exchange. 5.1.1 Date: June 12, 2001. Amount: 0.05635 cfs. Use: Irrigation of the land described in Subparagraph 3.1.7.

Remarks: No houses have yet been constructed on the land described in Subparagraph 3.1.8.

ii. Description of Place of Use Where Water is Applied to Beneficial

Use: Land described in Subparagraph 3.1.7. WHEREFORE, Applicant respectfully requests that this Court enter the following:

1. A Finding and Decree of Reasonable Diligence for the conditional refill right for Sandifer Pond I and continuing the conditional decree entered in 94CW140 in full force and effect;

2. A Finding and Decree of Reasonable Diligence for the exchange decreed

in 94CW140 and continuing the conditional decree entered in 94CW140, in full force and effect with respect to augmentation for up to 10 houses on land described in Subparagraph 3.1.8;

3. A Finding and Decree that 0.05635 cfs of the exchange was placed

to the decreed beneficial use for irrigation, thereby making 0.05635 cfs of water absolute for irrigation and continuing the exchange as conditionally decreed in 94CW140 for augmentation for up to 10 houses. (6 pages; Exhibit A-2 pages)

2001CW208 Double J2 Ranch, LLC c/o Robert Francescon 5975 Greenwood Plaza Boulevard, Suite 105 Greenwood Village, Colorado 80111, Telephone: (303) 770-8300. (Timothy R. Buchanan, Timothy R. Buchanan, P.C., 14700 West 66th Place, Suite 6, Arvada, Colorado 80004, Telephone: (303) 431-9141). Application For Approval Of Plan For Augmentation, IN DOUGLAS COUNTY. 2.Names of structures to be augmented: A. Name: Larson S. Well AD 7913 1. Well Permit No. 26155 F, approved January 17, 1983 2. Location: Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, Township 7 South, Range 68 West of the 6th P.M. in Douglas County, Colorado, at a point 1600 feet from the North section line and 1200 feet from the West section line of Section 25. 3. Source: Groundwater tributary to West Plum Creek 4. Depth: 41 feet 5. Amount of water claimed: 450 g.p.m. B. Name: Larson North Well AD7912 1. Well Permit No. 26156-F, approved January 17, 1973 2. Location: Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 25, Township 7 South, Range 68 West of the 6th P.M., Douglas County, Colorado, at a point


A:\NOV.DOC

15

1,750 feet from the West section line and 1,700 feet from the South section line of Section 25. 3. Source: Groundwater tributary to West Plum Creek 4. Depth:40 feet 5. Amount of water claimed: 450 g.p.m. Pursuant to a Decree dated March 31, 1981 and entered in Case No. W-7437 by the District Court in and for Water Division No.1, the point of diversion for the Smith Ditch No.1 and the "Smith Ditch No.1 Enlargement" was changed to the above-described wells (hereinafter referred to as the “Larson Wells”). The use of the Larson Wells as alternate points of diversion was also described in and subject to the Decree dated March 19, 1989 and entered in Case No. 85CW036 by the District Court in and for Water Division No.1. This Application seeks to allow the Larson Wells to divert water pursuant to an augmentation plan at such times when water may not be diverted from the wells pursuant to the decrees entered in Case No. W-7437 and Case No. 85CW036. The Applicant will apply the water to beneficial use for commercial, irrigation and livestock watering. The water will be used for immediate application to beneficial uses; for storage and subsequent application to beneficial uses; for substitution and exchange; for replacement of depletions; and for augmentation. 3. Name and address of owner of land on which wells are located: Double J2 Ranch, LLC c/o Robert Francescon 5975 Greenwood Plaza Boulevard, Suite 105 Greenwood Village, Colorado 80111 4. Water rights to be used for augmentation: Applicant proposes to augment depletions to West Plum Creek with fully consumable water delivered to West Plum Creek by the followed water right: A. Name: Double J2 Ranch Arapahoe Well No. 1 1. Well Permit No. 053483-F: approved March 29, 2000. 2. Location: Northwest Quarter (NW 1/4) of the Southwest Quarter (SW1/4) of Section 25, Township 7 S, Range 68 W of the 6th P.M. in Douglas County, Colorado at a point 1,520 feet from the South section line and 200 feet from the West section line of Section 25. 3. Source: Nontributary Arapahoe Aquifer 4. Depth: 1,225 feet 5. Amount of water claimed: 96.9 acre feet per year. The above-described Double J2 Ranch Arapahoe Well No. 1 is also the subject of an Application For Underground Water Rights in Nontributary Arapahoe Aquifer, and the application was filed this same date. The application filed in the other proceeding seeks a decree allowing use of water for all beneficial purposes, including, but not limited to, municipal, domestic, industrial, commercial, irrigation, stock watering, recreation and fish and wildlife uses within the South Platte River drainage, including reuse and successive uses until such water has been consumed, for storage and subsequent application to beneficial uses, for exchange purposes, for replacement of depletions and for augmentation purposes. 5. Statement of Plan for Augmentation. A. Water and Sewer Service: The water rights described herein will be used to provide a water supply for commercial, irrigation and livestock watering uses. B. Withdrawal and Use of Water: At such times when the Larson Wells may not divert water pursuant to the decrees entered in Case No. W-7437 and Case No. 85CW036, water will be withdrawn from the Larson Wells and the portion of the water that is fully consumed water will be replaced by water delivered to West Plum Creek from the nontributary Arapahoe Aquifer by pumping Double J2 Ranch Arapahoe Well No. 1. In the event that the water withdrawn from the Larson Wells is used for irrigation, it shall be assumed that the crops consume ninety percent (90%) of the withdrawn water. The remaining ten percent of the water withdrawn from the Larson Wells will return to West Plum Creek. For all other uses of water, the water withdrawn from the Larson Wells will be considered to be fully consumed. Diversions from each of


A:\NOV.DOC

16

the Larson Wells and Double J2 Ranch Arapahoe Well No. 1 will be metered to determine the amount of water used and the amount of water replaced to the stream. To the extent there are any delayed depletions, the replacement water will be delivered at the time of the delayed depletion. Accounting reports will be submitted to the Division Engineer and local Water Commissioner, and these reports will include amounts pumped from each well and the volume of replacement water delivered from the replacement sources. Applicant proposes to use the Analytical Stream Depletion Model prepared by the Office to the Colorado State Engineer to calculate the timing and amount of depletions to West Plum Creek associated with the pumping of water from the Larson Wells. Applicant reserves the right to propose a different methodology for calculating the timing and amount of depletions. 6. Administration of Plan for Augmentation. A. Applicant shall report to the Division Engineer for Water Division No. 1 and the local Water Commissioner on a monthly basis the metered withdrawals from the Larson Wells and the amount of replacement water delivered to West Plum Creek. B. Any return flows of water diverted out of the Denver Basin Aquifers in excess of depletions to West Plum Creek and relinquishment and replacement obligations will remain available for reuse and successive use and for augmentation of further depletions resulting from out-of-priority diversions from West Plum Creek, and may be sold or leased. (6 pages) 2001CW209 Double J2 Ranch, LLC c/o Robert Francescon 5975 Greenwood Plaza Boulevard, Suite 105 Greenwood Village, Colorado 80111, Telephone: (303) 770-8300. (Timothy R. Buchanan, Timothy R. Buchanan, P.C., 14700 West 66th Place, Suite 6, Arvada, Colorado 80004, Telephone: (303) 431-9141). Application For Underground Water Rights in The Nontributary Arapahoe Aquifer, IN DOUGLAS COUNTY. 2. Introduction: Applicant seeks a determination of its rights to ground water in the Arapahoe Aquifer underlying approximately 172.74 acres located within Section 25, Township 7 South, Range 68 West of the 6th P.M. (hereinafter referred to as the Property). The full legal description of the Property is attached as Exhibit A. 3. Name of well: Double J2 Ranch Arapahoe Well No. 1. 4. Legal description of well: The proposed well location is in the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section 25, Township 7 South, Range 68 West, of the 6th P.M., Douglas County, Colorado, at a point 1,520 feet from the South section line, and 200 feet from the West section line of said Section 25. Applicant requests the right to locate the well, and any replacement or supplemental wells, at any point within the boundaries of the Property described in the attached Exhibit A, without the necessity of filing an amendment to this application, republishing, or petitioning the Court for the opening of any decree hereafter entered. See 2 CCR 402-7, Rule 11. 5. A. Source: The ground water in the Arapahoe Aquifer underlying the boundaries of the Property is nontributary ground water as defined by Section 37-90-103(10.5), C.R.S., and as defined by 2 CCR 402-6, Rule 5. B.Depth: The depth to fully penetrate the Arapahoe Aquifer is estimated to be 1,225 feet. The depth will vary according to the actual topographic location of the well and the depth of the aquifer. 6.A.Date of appropriation: March 29, 2000. B. How appropriation was initiated: A well permit application has been filed with the Colorado Division of Water Resources (State Engineer) and Well Permit No. 53483-F was issued on March 29, 2000, along with the Findings of the State Engineer. C. Date water applied to beneficial use: September 19, 2000. 7. Amount claimed: The estimated average number of feet of


A:\NOV.DOC

17

saturated aquifer materials in the Arapahoe Aquifer underlying the Property is 330 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Arapahoe Aquifer is 17 percent. Based on the overlying acreage of 172.74 acres, and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 96.9 acre-feet. Each well constructed to withdraw water from the Arapahoe Aquifer shall be an alternate point of diversion for each other well in the Arapahoe Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Arapahoe Aquifer herein through any combination of wells drilled into the Arapahoe Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. The quantity of ground water described is estimated and the Applicant requests that this Court retain jurisdiction pursuant to Section 37-92-305(11), C.R.S., for the purpose of adjusting the annual amount of withdrawal decreed from the Arapahoe Aquifer underlying the Property to conform to actual local aquifer characteristics determined from well drilling or test holes.8. Proposed use: Applicant proposes to apply the water withdrawn from the Arapahoe Aquifer to the following beneficial purposes: commercial, irrigation and livestock watering, including reuse and successive uses until such water has been entirely consumed. The water may be used through immediate application to beneficial uses, for storage and subsequent application to beneficial uses, for exchange purposes, for replacement of depletions and for augmentation purposes.9. Name and address of owner of land on which wells will be located:Double J2 Ranch, LLC 5975 Greenwood Plaza Boulevard, Suite 105 Greenwood Village, Colorado 80111. 10. Remarks: A. A well permit application has been filed with the Colorado Division of Water Resources (State Engineer) and Well Permit No. 53483-F was issued on March 29, 2000, along with the Findings of the State Engineer. Applicant requests a determination that should Applicant fail to construct any well prior to the expiration of the corresponding well permit, Applicant may reapply to the State Engineer for a new well permit and the State Engineer shall issue a new well permit identical to the expired permit. B. The allowed annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn from the Arapahoe Aquifer does not exceed the product of the number of years since the date of entry of Well Permit No. 53483-F, times the allowed average annual amount of withdrawal. 2 CCR 402-7, Rule 8.A. C. The ground water will be withdrawn at a pumping rate consistent with sound engineering principles and practices. Construction and equipping of the well will be pursuant to the following conditions: 1. Ground water production from each well will be limited to the Arapahoe Aquifer. Plain, non-perforated casing will be installed and properly grouted so as to prevent withdrawal of water from more than one aquifer. 2. A totalizing flow meter will be installed on the pump discharge prior to diversion of water beneficial uses. 2 CCR 402-7, Rule 15. Annual records of all diversions will be maintained by the well owner and submitted to the Division Engineer upon request. 3. Each well will be equipped so that the water level may be measured and monitored. 4. The bore hole of each well below the surface casing will be geophysically logged prior to installation of final casing in conformance with the Statewide Nontributary Ground Water Rules. 2 CCR 402-7, Rule 9. 5. The well shall be constructed no more than 200 feet from the location specified herein and the maximum pumping rate shall not exceed 300 gallons per minute. D. Applicant asserts that the water rights that are the subject of this application are not conditional water rights, as that term


A:\NOV.DOC

18

is defined by Section 37-92-103(6), C.R.S., but are water rights determined by Section 37-90-137, C.R.S. Therefore, Applicant requests that the Court enter an order finding and determining that Applicant shall not be required to file applications for findings of reasonable diligence for the water rights that are the subject of this application. E. Withdrawal of ground water from the Arapahoe Aquifer will be subject to the relinquishment of 2% of the amount of water withdrawn as required by Section 37-90-137(9)(b), C.R.S., and by 2 CCR 402-6, Rule 8. EXHIBIT A LEGAL DESCRIPTION A parcel of land situated in Sections 25, 26 and 35, Township 7 South, Range 68 West of the 6th P.M., County of Douglas, State of Colorado, more particularly described as follows: Beginning at the Northwest Corner of Section 25, Township 7 South Range 68 West of the 6th P.M.; Thence South 89 Degrees 06 Minutes 37 Seconds East, along the North line of the Northwest 1/4 Northwest 1/4 of said Section 25, a distance of 1308.44 feet to the Northeast Corner of said Northwest 1/4 Northwest 1/4 of Section 25; Thence South 01 Degrees 00 Minutes 18 Seconds East, along the East line of said Northwest 1/4 Northwest 1/4 of Section 25, a distance of 1334.62 feet to the Southeast Corner of said Northwest 1/4 Northwest 1/4 of Section 25; Thence South 89 Degrees 30 Minutes 47 Seconds East, along the North line of the Southeast 1/4 Northwest 1/4 of Section 25, a distance of 592.40 feet to the westerly right-of-way line of State Highway105; Thence along said westerly right-of-way line of State Highway 105 the following three (3) courses; Thence South 13 Degrees 58 Minutes 44 Seconds East, a distance of 25.51 feet; Thence South 13 Degrees 15 Minutes 42 Seconds East, a distance of 1982.46 feet; Thence South 07 Degrees 47 Minutes 08 Seconds East, a distance of 665.24 feet to a point on a fenceline to be construed as property line per the instrument recorded in Book 381 at Page 800 of the Records of the Douglas County Clerk and Recorder’s Office; Thence along said fenceline the following eight (8) courses; Thence South 89 Degrees 30 Minutes 01 Seconds West a distance of 644.29 feet; Thence South 88 Degrees 17 Minutes 14 Seconds West a distance of 460.00 feet; Thence South 67 Degrees 21 Minutes 37 Seconds West a distance of 201.46 feet; South 78 Degrees 09 Minutes 12 Seconds West a distance of 100.54 feet; Thence North 89 Degrees 53 Minutes 32 Seconds West a distance of 65.94 feet; Thence North 29 Degrees 45 Minutes 44 Seconds West a distance of 118.91 feet; Thence South 68 Degrees 55 Minutes 57 Seconds West a distance of 256.72 feet; Thence South 75 Degrees 30 Minutes 05 Seconds West a distance of 686.77 feet to a point on the East line of the Southeast 1/4 of Section 26, Township 7 South, Range 68 West of the 6th P.M., said point being the point of terminus of the fence line; Thence South 00 Degrees 36 Minutes 23 Seconds East, along said East line of the Southeast 1/4 of Section 26, a distance of 1081.22 feet to the Southeast Corner of said Section 26 also being the Northeast Corner of Section 35, Township 7 South, Range 68 West of the 6th P.M. (8 pages, including Exhibit) 2001CW210 The Double J2 Ranch, LLC c/o Robert Francescon, 5975 Greenwood Plaza Boulevard, Suite 105, Greenwood Village, Colorado 80111, Telephone: (303) 770-8300. (Timothy R. Buchanan, Timothy R. Buchanan, P.C., 14700 West 66th Place, Suite 6, Arvada, Colorado 80004, Telephone: (303) 431-9141). Application For Underground Water Rights in the Not Nontributary Denver Aquifer, Arapahoe Aquifer, and Lower Dawson Aquifer, and Application for Underground Water Rights in the


A:\NOV.DOC

19

Nontributary Laramie-Fox Hills Aquifer, IN DOUGLAS COUNTY. 2. Names of wells: The names of the wells proposed to be constructed at the locations described herein are specified below. Additional wells to be constructed pursuant to this application will be designated at such time as they are constructed. 3. Legal description of wells: A. Double J2 Well DE-1: The proposed well location is in the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 26, Township 7 South, Range 68 West of the 6th P.M., Douglas County, Colorado, at a point 1300 feet north of the South section line, 1300 feet west of the East section line of said Section 26. This well will withdraw water from the Not Nontributary Denver Aquifer. B. Double J2 Well A-1: The proposed well location is in the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 26, Township 7 South, Range 68 West of the 6th P.M., Douglas County, Colorado, at a point 650 feet north of South section line, and 650 feet west of the East section line of said Section 26. This well will withdraw water from the Not Nontributary Arapahoe Aquifer. C. Double J2 Well LD-1: The proposed well location is in the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 35, Township 7 South, Range 68 West of the 6th P.M., Douglas County, Colorado, at a point 650 feet south of North section line, and 650 feet west of the East section line of said Section 35. This well will withdraw water from the Not Nontributary Lower Dawson Aquifer. D. Double J2 Well LFH-1: The proposed well location is in the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 26, Township 7 South, Range 68 West of the 6th P.M., Douglas County, Colorado, at a point 2650 feet south of North section line, and 2000 feet west of the East section line of said Section 26. This well will withdraw water from the Nontributary Laramie-Fox Hills Aquifer. Applicant requests the right to locate the well at any point within the boundaries of the Property described in the attached Exhibit A, without the necessity of filing an amendment to this application, republishing, or petitioning the Court for the opening of any decree hereafter entered. See 2 CCR 402-7, Rule 11. 4. Determination of Water Rights. Applicant seeks a determination of its rights to ground water in the Arapahoe Aquifer underlying approximately 200 acres located within that portion of the Property described in Exhibit A as it lies in the Southeast Quarter (SE1/4) of Section 26, and Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 35, all within Township 7 South, Range 68 West of the 6th P.M. Additionally, Applicant seeks a determination of its rights to the ground water in the Denver, Lower Dawson, and Laramie-Fox Hills Aquifers underlying approximately 372.74 acres in the South Half (S1/2) of Section 25, the Southeast Quarter (SE1/4) of Section 26, and Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 35, all within Township 7 South, Range 68 West of the 6th P.M., that property being more fully described in Exhibit A attached herein and hereinafter referred to as “the Property.” 5.A. Source: The ground water in the Denver Aquifer, Arapahoe Aquifer, and Lower Dawson Aquifer, as they underlie the boundaries of the Property, is not nontributary ground water as defined by Section 37-90-103(10.7), C.R.S., and as defined by 2 CCR 402-6, Rule 5. The ground water in the Laramie-Fox Hills Aquifer underlying the boundaries of the Property, is nontributary ground water as defined by Section 37-90-103(10.5), C.R.S., and as defined by 2 CCR 402-6, Rule 5. B. Depth: The depth to fully penetrate the Denver Aquifer is estimated to be 770 feet. The depth to fully penetrate the Arapahoe Aquifer is estimated to be 920 feet. The depth to fully penetrate the Lower Dawson Aquifer is estimated to be 100 feet. The depth to fully


A:\NOV.DOC

20

penetrate the Laramie-Fox Hills Aquifer is estimated to be 1950 feet. The depths will vary according to the actual topographic location of the well and the depth of the aquifer. 6.A. Date of appropriation: Not applicable. B. How appropriation was initiated: Not applicable. C. Date water applied to beneficial use: Not applicable. 7. Amount claimed: The quantities of ground water described below are estimated quantities and the Applicant requests that this Court retain jurisdiction pursuant to Section 37-92-305(11), C.R.S., for the purpose of adjusting the annual amount of withdrawal decreed from the Denver, Arapahoe, Lower Dawson, and Laramie-Fox Hills Aquifers, as they underlie the Property, to conform to actual local aquifer characteristics determined from well drilling or test holes. A. Denver Aquifer: The estimated average number of feet of saturated aquifer materials in the Denver Aquifer underlying the Property is 450 to 500 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Denver Aquifer is 17%. Based on the overlying acreage of approximately 372.74 acres and an aquifer life of 100 years, the average annual amount of withdrawal from the Denver Aquifer is estimated to be 285.15 to 316.83 acre-feet. Each well constructed to withdraw water from the Denver Aquifer shall be an alternate point of diversion for each other well in the in the Denver Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Denver Aquifer herein through any combination of wells drilled into the Denver Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. B. Arapahoe Aquifer: The estimated average number of feet of saturated aquifer materials in the Arapahoe Aquifer underlying the Property is 325 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Arapahoe Aquifer is 17%. Based on the overlying acreage of 200 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 110.50 acre-feet. Each well constructed to withdraw water from the Arapahoe Aquifer shall be an alternate point of diversion for each other well in the Arapahoe Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Arapahoe Aquifer herein through any combination of wells drilled into the Arapahoe Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. C. Lower Dawson Aquifer: The estimated average number of feet of saturated aquifer materials in the Lower Dawson Aquifer underlying the Property is 50 to 75 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Lower Dawson Aquifer is 20%. Based on the overlying acreage of 372.74 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 37.27 to 55.91 acre-feet. Each well constructed to withdraw water from the Lower Dawson Aquifer shall be an alternate point of diversion for each other well in the Lower Dawson Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Lower Dawson Aquifer herein through any combination of wells drilled into the Lower Dawson Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. D. Laramie-Fox Hills Aquifer: The estimated average number of feet of saturated aquifer materials in the Laramie-Fox Hills Aquifer underlying the Property is 175 to 200 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Laramie-Fox Hills Aquifer is 15%. Based on the overlying acreage of 372.74 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 97.84 to 111.82 acre-feet. Each well constructed


A:\NOV.DOC

21

to withdraw water from the Laramie-Fox Hills Aquifer shall be an alternate point of diversion for each other well in the Laramie-Fox Hills Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Laramie-Fox Hills Aquifer herein through any combination of wells drilled into the Laramie-Fox Hills Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein.8. Proposed use: Applicant proposes to apply the water withdrawn from the Denver, Arapahoe, Lower Dawson, and Laramie-Fox Hills Aquifers to the following beneficial purposes: commercial, irrigation and livestock watering, including reuse and successive uses until such water has been entirely consumed. The water may be used through immediate application to beneficial uses, for storage and subsequent application to beneficial uses, for exchange purposes, for replacement of depletions and for augmentation purposes. 9. Name and address of owner of land on which wells will be located: Double J2 Ranch, LLC 5975 Greenwood Plaza Boulevard, Suite 105 Greenwood Village, Colorado 80111 10. Remarks: A. The allowed annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn from each aquifer does not exceed the product of the number of years since the date of entry of a decree in this case, times the allowed average annual amount of withdrawal. 2 CCR 402-7, Rule 8.A.B. The ground water will be withdrawn at a pumping rate consistent with sound engineering principles and practices. Construction and equipping of the well will be pursuant to the following conditions: 1. Ground water production from each well will be limited to the aquifer into which the well is drilled. Plain, non-perforated casing will be installed and properly grouted so as to prevent withdrawal of water from more than one aquifer. 2. A totalizing flow meter will be installed on the pump discharge prior to diversion of water beneficial uses. 2 CCR 402-7, Rule 15. Annual records of all diversions will be maintained by the well owner and submitted to the Division Engineer upon request. 3. Each well will be equipped so that the water level may be measured and monitored.4. The bore hole of each well below the surface casing will be geophysically logged prior to installation of final casing in conformance with the Statewide Nontributary Ground Water Rules. 2 CCR 402-7, Rule 9. C. Well permit applications will be filed with the Colorado Division of Water Resources (“State Engineer”) at such time as the Applicant is ready to drill the wells described herein. Applicant requests a determination and order that the State Engineer shall issue well permits in accordance with the decree entered herein. Applicant further requests a determination that should Applicant fail to construct any well prior to the expiration of the corresponding well permit, Applicant may reapply to the State Engineer for a new well permit and the State Engineer shall issue a new permit identical to the expired well permit. D. Applicant asserts that the water rights that are the subject of this application are not “conditional water rights”, as that term is defined by Section 37-92-103(6), C.R.S., but are water rights determined by Section 37-90-137, C.R.S. Therefore, Applicant requests that the Court enter an order finding and determining that Applicant shall not be required to file applications for findings of reasonable diligence for the water rights that are the subject of this application. E. Withdrawal of ground water from the Laramie-Fox Hills Aquifer will be subject to the relinquishment of 2% of the amount of water withdrawn as required by Section 37-90-137(9)(b), C.R.S., and by 2 CCR 402-6, Rule 8. EXHIBIT A LEGAL DESCRIPTION A parcel of land situated in Sections 25,


A:\NOV.DOC

22

26 and 35 Township 7 South, Range 68 West of the 6th P.M., County of Douglas, State of Colorado, more particularly described as follows: Beginning at the Northwest Corner of Section 25, Township 7 South Range 68 West of the 6th P.M.; Thence South 89 Degrees 06 Minutes 37 Seconds East, along the North line of the Northwest 1/4 Northwest 1/4 of said Section 25, a distance of 1308.44 feet to the Northeast Corner of said Northwest 1/4 Northwest 1/4 of Section 25; Thence South 01 Degrees 00 Minutes 18 Seconds East, along the East line of said Northwest 1/4 Northwest 1/4 of Section 25, a distance of 1334.62 feet to the Southeast Corner of said Northwest 1/4 Northwest 1/4 of Section 25; Thence South 89 Degrees 30 Minutes 47 Seconds East, along the North line of the Southeast 1/4 Northwest 1/4 of Section 25, a distance of 592.40 feet to the westerly right-of-way line of State Highway105; Thence along said westerly right-of-way line of State Highway 105 the following three (3) courses; Thence South 13 Degrees 58 Minutes 44 Seconds East, a distance of 25.51 feet; Thence South 13 Degrees 15 Minutes 42 Seconds East, a distance of 1982.46 feet; Thence South 07 Degrees 47 Minutes 08 Seconds East, a distance of 665.24 feet to a point on a fence line to be construed as property line per the instrument recorded in Book 381 at Page 800 of the Records of the Douglas County Clerk and Recorder’s Office; Thence along said fence line the following eight (8) courses; Thence South 89 Degrees 30 Minutes 01 Seconds West a distance of 644.29 feet; Thence South 88 Degrees 17 Minutes 14 Seconds West a distance of 460.00 feet; Thence South 67 Degrees 21 Minutes 37 Seconds West a distance of 201.46 feet; South 78 Degrees 09 Minutes 12 Seconds West a distance of 100.54 feet; Thence North 89 Degrees 53 Minutes 32 Seconds West a distance of 65.94 feet; Thence North 29 Degrees 45 Minutes 44 Seconds West a distance of 118.91 feet; Thence South 68 Degrees 55 Minutes 57 Seconds West a distance of 256.72 feet; Thence South 75 Degrees 30 Minutes 05 Seconds West a distance of 686.77 feet to a point on the East line of the Southeast 1/4 of Section 26, Township 7 South, Range 68 West of the 6th P.M., said point being the point of terminus of the fence line; Thence South 00 Degrees 36 Minutes 23 Seconds East, along said East line of the Southeast 1/4 of Section 26, a distance of 1081.22 feet to the Southeast Corner of said Section 26 also being the Northeast Corner of Section 35, Township 7 South, Range 68 West of the 6th P.M.; Thence South 00 Degrees 31 Minutes 25 Seconds East, along the East line of the Northeast 1/4 Northeast 1/4 of said Section 35, a distance of 1322.68 feet to the Southeast Corner of said Northeast 1/4 Northeast 1/4 of Section 35; Thence South 89 Degrees 36 Minutes 17 Seconds West along the South line of said Northeast 1/4 Northeast 1/4 of Section 35, a distance of 1325.73 feet to the Southwest Corner of said Northeast 1/4 Northeast 1/4 of Section 35; Thence North 00 Degrees 33 Minutes 44 Seconds West, along the West line of said Northeast 1/4 Northeast 1/4 of Section 35, a distance of 1323.04 feet to the Northwest Corner of said Northeast 1/4 Northeast 1/4 of Section 35; Thence South 89 Degrees 37 Minutes 12 Seconds West, along the South line of said Southeast 1/4 of Section 26, a distance of 1326.62 feet to the South One-Quarter Corner of Section 26; Thence North 00 Degrees 39 Minutes 12 seconds West, along the West line of said Southeast 1/4 of Section 26, a distance of 2643.62 feet to the Center One-Quarter Corner of Section 26; Thence North 89 Degrees 34 Minutes 22 Seconds East, along the North line of said Southeast 1/4 of Section 26, a distance of 2655.41 feet to the East One-Quarter Corner of Section 26 being also the West One-Quarter Corner of Section 25; Thence North 00 Degrees 52 Minutes 07 Seconds West, along the West line of the


A:\NOV.DOC

23

Northwest 1/4 of Section 25, a distance of 2687.48 feet to the Point of Beginning. (10 pages, including Exhibit) 2001CW211 CONCERNING THE APPLICATION FOR WATER RIGHTS OF STEPHEN J., SEAN M., AND JOAN MULVIHILL, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, Address, Telephone Number of Applicants: Stephen J., Sean M., and Joan Mulvihill, c/o 4924 Clarendon Hills Dr., Fort Collins, Colorado 80526 (970) 267-9076 (Holly I. Holder, Holder & Ciliberto, 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 and Subject Property: The property which is the subject of this application is approximately 80 acres of land located in the S1/2SW1/4 of Section 1, T9S, R65W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from Upper Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S.5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 207 feet 33 acre-feet Lower Dawson 119 feet 19 acre-feet Denver 219 feet 29 acre-feet Arapahoe 208 feet 28 acre-feet Laramie-Fox Hills 204 feet 24 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicants will reserve part of the Upper Dawson aquifer water which may be available underlying the Subject Property for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein 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: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. 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 will be retained with respect to the average annual


A:\NOV.DOC

24

amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Upper Dawson aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and 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. 2001CW212 CONCERNING THE APPLICATION FOR WATER RIGHTS OF D. MITCHELL TREVEY, SCOTT R. TREVEY, AND MT VENTURES, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicants: D. Mitchell Trevey, Scott R. Trevey, and MT Ventures, LLC, c/o 4013 N. Bayou Hills Lane, Parker, Colorado 80134 (303) 619-7192 (Holly I. Holder, Holder & Ciliberto, 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 and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 158 acres of land generally located in parts of the SW1/4NW1/4 and the S1/2 of Section 22, T7S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper 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 Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive any 600 foot 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 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 aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 180 feet 56 acre-feet Lower Dawson 53 feet 16 acre-feet Denver 237 feet 63 acre-feet Arapahoe 236 feet 63 acre-feet Laramie-Fox Hills 182 feet 43 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants' and represents a claim to all 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 lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject 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. Applicants also request that water underlying adjacent parcels be withdrawn in combination with the same type of water which is the subject of this application, through wells located on adjacent lands or through wells located on the Subject Property, particularly water decreed in this court in Case No. 98CW265. 7. Proposed Use: Applicants will use all water 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. Said water


A:\NOV.DOC

25

will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction 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 or part of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above to be withdrawn over a 300 year pumping period. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water for inhouse, irrigation, and stockwatering use through individual wells on 15 residential lots on the Subject Property over a 300 year period, which water will be withdrawn at rates of flow of 15 gpm. Applicants also reserve the right to withdraw the Upper Dawson aquifer water through a central well which will withdraw at a higher rate of flow. Applicants estimate that each well will be limited to an annual amount of 1 acre-foot per year for inhouse use (0.5 acre-feet), irrigation of approximately 8,000 square-feet of lawn, garden, and trees (0.45 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to revise these values without amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return 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 will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts 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 subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, 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 legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained 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 and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for 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. (6 pages; attachment A 1 page; Map 1 page) 2001CW213 RAYMOND AND TAMMY L. PEREA, 40351 County Road 50, Bennett, CO 80102. Application for Underground Water Right, IN ARAPAHOE COUNTY. Perea Well #208108 is located in


A:\NOV.DOC

26

the SW1/4SE1/4, S35, T5S, R64W, 6th P.M., 300’ from the S section line and 1400’ from the E section line, a/k/a Lot 5, Jacobs Farm Subdivision. Source: Groundwater Depth: 420’ Appropriation: 2/13/1998 Amount claimed: 13 gpm Use: Irrigation of 2 acres of lawns and gardens. (2 pages) 2001CW214 ROBERT L. GRAVES, 5821 County Road 54, Bellvue, CO 80512 (M. E. MacDougall, MacDougall, Woldridge & Worley, P.C., 530 Communication Circle, Suite 204, Colorado Springs, CO 80905; phone (719) 520-9288),. Application for Conditional Water Storage Right and Conditional Direct Flow Right, IN LARIMER COUNTY, Name of Reservoir: Bellvue & LaPorte Lakes, Location of Dam: Bellvue & LaPorte Lakes will be located in the SW1/4 of Section 13, the NW1/4, the NE1/4 and the N1/2 SE1/4 of Section 24, all in Township 8 North, Range 70 West, 6th P.M., Larimer County, Colorado, adjacent to the Cache La Poudre River. Points of Diversion: 1. Pleasant Valley and Lake Canal: The headgate of the Pleasant Valley and Lake Canal on the South Bank of the Cache La Poudre River, in Section 14, T. 8N., R. 70W., 6th P.M., in Larimer County, at a point about the center of the SW1/4 of Section 14, T. 8N, R. 70W, 12 chains and 90 links east of SW corner of said quarter section. 2. Bellvue & LaPorte River Pump Station: One or more pumps to be located in the northeast quarter of section 24, T. 8 N., R. 70 W., at a point 700 feet south of the north line and 2,500 feet west of the east line of said section, Larimer County, Colorado. 3. Charles Hansen Canal, Lateral Headgates Nos. 2 and 3 located in Section 23, T. 8N, R. 70W, 6th P.M., in Larimer County. 4. Source: Cache La Poudre River via the Pleasant Valley and Lake Canal and/or the Bellvue & LaPorte River Pump Station. The reservoir may also be used to store water diverted by the Colorado Big Thompson Project and delivered pursuant to CBT shares 5.A. Date of appropriation: 1. Bellvue & LaPorte Lakes: November 30, 2001 2. Pleasant Valley and Lake Canal: November 30, 2001 3. Bellvue & LaPorte Pump Station: November 30, 2001 B. How appropriation was initiated: Filing this application, and posting signs at the points of diversion and places of storage. C. Date water applied to beneficial use: Not applicable. Conditional Water Right. 6. Amount claimed: A. Bellvue & LaPorte Lakes: 13,500 a.f. (fill and refill) conditional; B. Pleasant Valley and Lake Canal: 700 c.f.s., conditional; C. Bellvue & LaPorte River Pump Station: 700 c.f.s., conditional. 7. Proposed Use: The water diverted under the water rights sought herein will be used, directly or by exchange, for irrigation, agricultural, commercial, industrial, and all municipal uses, including but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of municipal water systems, including further exchange with municipal water systems and with other water users. The Applicant seeks the right to fully consume such water diverted under these water rights by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition to the point of extinction. 8. Surface area: Approximately 272 acres. 9. Total capacity of reservoir: A. Bellvue & LaPorte Lakes 1. Active capacity: 13,500 a.f. 2. Dead storage: 0 a.f. 10. Name and address of owner of land on which structure for the water


A:\NOV.DOC

27

right is located: A The land where Bellvue & LaPorte Lakes are located is owned by: Robert L. Graves, 5821 County Road 54, Bellview, CO 80512; B. The land where the Pleasant Valley and Lake Canal is located is owned by: Robert L. Graves, 5821 County Road 54, Bellview, CO 80512 and The Pleasant Valley and Lake Canal Company, c/o Hill & Hill, P.O. Box 421, Fort Collins, CO, 80522. C. The land where the Bellvue & LaPorte Pump Station is located is owned by: Robert L. Graves. 5821 County Road 54, Belleview, CO 80512. D. The land where the Charles Hansen Canal is located is owned by: Robert L. Graves, 5821 County Road 54, Belleview, CO 80512 and The United States of America, Department of Interior, Bureau of Reclamation, 11056 West County Road 18 E, Loveland, CO, 80537-9711. 11. Remarks: A. Attached is a general location map of Bellvue & LaPorte Lakes (Attachment A) and associated facilities. B. It is anticipated that a slurry wall will be installed around the perimeter of the area to be mined. No mining or excavation activities have yet occurred on the subject property; thus, there has not been an attempt to comply with Senate Bill 120 since no groundwater has been exposed by mining activities. C. The Applicant does not intend to convey water (other than shareholder deliveries) through the Pleasant Valley and Lake Canal and/or the Charles Hansen Canal unless and until it has obtained a carriage contract with each owner. 2001CW215 CITY OF ENGLEWOOD, COLORADO. (David G. Hill, BERG HILL GREENLEAF & RUSCITTI, LLP, P. O. Box 1719 Boulder, CO 80306). APPLICATION FOR SEXTENNIAL FINDING OF REASONABLE DILIGENCE IN WELD, ARAPAHOE AND DOUGLAS COUNTIES. 1. Name and Address of Applicant: City of Englewood Mr. Stewart Fonda, Director of Utilities 1000 Englewood Parkway Englewood, CO 80110-0110 (303) 762-2636 2. Names of Exchanges: South Platte Exchange and Williams Fork Exchange decreed in Case No. W-8456-76 and partially made absolute in Case No. 87CW124. 3. Describe Conditional Water Right giving the following from the Referee’s Ruling and Judgment and Decree: The water which is the subject of this application is produced by the exercise of Englewood’s water rights in its Ranch Creek System in Grand County. Water is delivered to the South Platte River at the confluence with the St. Vrain


A:\NOV.DOC

28

River or Clear Creek by the City and County of Denver (“Denver”), on account of water diverted by the Englewood Ranch Creek water rights, pursuant to the Water Exchange Agreement, dated March 17, 1964, and confirmed by the Modification of March 17, 1964 Water Exchange Agreement, dated September 2, 1969, as superseded by Settlement Agreement dated August 11, 1995 (the “Agreements”). An equivalent amount of water is then diverted by Englewood at upstream points on the South Platte River as set forth below. The exchange occurs pursuant to either the South Platte River Exchange or the Williams Fork Exchange, as follows: a. South Platte River Exchange i. Date of Original Decree and Subsequent Decrees: July 1, 1983, W-8456-76, District Court, Water Division No. 1; April 30, 1990, Case No. 87CW124, District Court, Water Division No. 1; and December 1, 1995, Case No. 93CW062, District Court, Water Division No. 1. ii. Legal Description of Points of Diversion: Englewood’s water delivered by Denver will be carried and transported to and into the South Platte River either at the confluence thereof with St. Vrain Creek to which South Boulder Creek is tributary or at the confluence of the South Platte River with Clear Creek to which Ralston Creek is tributary and exchanged upstream for waters of the South Platte River and its tributaries, for diversion, storage and beneficial use through Englewood’s distribution system at any of the following described points of diversion or places of storage in or on the South Platte River or its tributaries: (a) At the headgate of the Petersburg Ditch located on the East or right bank of the South Platte River in the NW 1/4 of the SW 1/4 of Section 9, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado, at or near the intersection of said South Platte River with County Road No. 1 (Union Avenue Intake of Englewood). (b) At the pumping plant of Englewood located at a point on the East or right bank of the South Platte River whence the SE corner of Section 32, Township 5 South, Range 68 West of the 6th P.M. bears South 72◦45' East 6,026.8 feet. (c) At the new point of diversion of the City Ditch, Chatfield Reservoir Outlet, whose centerline of the outlet conduit intersects the centerline of the dam at a point whence the NW corner of Section 1, Township 6 South, Range 69 West of the 6th P.M. bears North 49◦ West 4,070 feet. Discharge is through a valved manifold provided for the City Ditch, Nevada Ditch and Last Chance Ditch. (d) At the Chatfield Reservoir Pool located in Sections 6, 7, 17, 18, 19 and 20, Township 6 South, Range 68 West of the 6th P.M., and Sections


A:\NOV.DOC

29

1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 26, 27, 34 and 35, Township 6 South, Range 69 West of the 6th P.M. (e) At the High Line Canal Diversion Works, being a headgate, valves and other control works with a capacity of 600 cfs out of the South Platte River at a place on the Southeast or right bank of said river in Section 33, Township 6 South, Range 69 West of the 6th P.M. (f) At McLellan Reservoir located in Sections 32 and 33 of Township 5 South, Range 68 West of the 6th P.M., and Sections 4 and 5, Township 6 South, Range 68 West of the 6th P.M., with the initial point of survey being a point whence the Southeast corner of Section 32, Township 5 South, Range 68 West of the 6th P.M. bears South 71◦00' East, 2,489.5 feet. iii. Source: The source of substitute supply is tributaries of Ranch Creek in Grand County. The source of the water diverted by exchange is the South Platte River and its tributaries. iv. Appropriation Date: March 17, 1964. v. Amount Claimed: Englewood waters will be delivered into the South Platte River at those times when an exchange for South Platte River water is possible and at a rate of delivery not to exceed 95 cfs, less carriage and transportation charges lawfully chargeable by the State Water Administration officials. 48 cfs of the 95 cfs has already been decreed absolute in Case No. 87CW124, so 47 cfs is claimed as conditional. vi. Type of Use or Proposed Use: Diversion, storage and beneficial use by Englewood for its water supply, and that of its water customers for domestic, irrigation and other municipal purposes. vii. Place of Use or Proposed Use of Conditional Rights: The water diverted by exchange will be used within the service areas of Englewood and/or Centennial Water and Sanitation District and any lands to which Englewood provides water for municipal purposes under an existing or future contract of supply. b. Williams Fork Exchange i. Date of Original Decree: July 1, 1983, W-8456-76, District Court, Water Division No. 1; April 30, 1990, Case No. 87CW124, District Court, Water Division No. 1; and December 1, 1995, Case No. 93CW062, District Court, Water Division No. 1. ii. Legal Description of Points of Diversion: Pursuant to the conditional decree for the Williams Fork Exchange and the Agreements, Denver may


A:\NOV.DOC

30

release water to Englewood from Denver’s Jones Pass Tunnel into the headwaters of Clear Creek. Such water will be carried and transported down Clear Creek and delivered to the South Platte River and exchanged upstream for waters of the South Platte River and its tributaries for diversion, storage and beneficial use through Englewood’s distribution system at any of the points of diversion or places of storage above described. Under the Williams Fork Exchange, Englewood waters will be delivered into the South Platte River at times when an exchange for South Platte River water is possible and at a rate of delivery not to exceed 95 cubic feet of water per second less carriage and transportation charges lawfully chargeable by the State Water Administration officials. Englewood’s water delivered by Denver will be carried and transported to and into the South Platte River at the confluence of the South Platte River with Clear Creek to which Ralston Creek is tributary and exchanged upstream for waters of the South Platte River and its tributaries, for diversion, storage and beneficial use through Englewood’s distribution system at any of the following described points of diversion or places of storage in or on the South Platte River or its tributaries: (a) At the headgate of the Petersburg Ditch located on the East or right bank of the South Platte River in the NW 1/4 of the SW 1/4 of Section 9, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado, at or near the intersection of said South Platte River with County Road No. 1 (Union Avenue Intake of Englewood). (b) At the pumping plant of Englewood located at a point on the East or right bank of the South Platte River whence the SE corner of Section 32, Township 5 South, Range 68 West of the 6th P.M. bears South 72◦45' East 6,026.8 feet. (c) At the new point of diversion of the City Ditch, Chatfield Reservoir Outlet, whose centerline of the outlet conduit intersects the centerline of the dam at a point whence the NW corner of Section 1, Township 6 South, Range 69 West of the 6th P.M. bears North 49◦ West 4,070 feet. Discharge is through a valved manifold provided for the City Ditch, Nevada Ditch and Last Chance Ditch. (d) At the Chatfield Reservoir Pool located in Sections 6, 7, 17, 18, 19 and 20, Township 6 South, Range 68 West of the 6th P.M., and Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 26, 27, 34 and 35, Township 6 South, Range 69 West of the 6th P.M. (e) At the High Line Canal Diversion Works, being a headgate, valves and other control works with a capacity of 600 cfs out of the South Platte River at a place on the Southeast or right bank of said river in Section 33, Township 6 South, Range 69 West of the 6th P.M.


A:\NOV.DOC

31

(f) At McLellan Reservoir located in Sections 32 and 33 of Township 5 South, Range 68 West of the 6th P.M., and Sections 4 and 5, Township 6 South, Range 68 West of the 6th P.M., with the initial point of survey being a point whence the Southeast corner of Section 32, Township 5 South, Range 68 West of the 6th P.M. bears South 71◦00' East, 2,489.5 feet. iii. Source: The source of substitute supply is the Williams Fork River and its tributaries in Grand County. The source of the water diverted by exchange is the South Platte River and its tributaries. iv. Appropriation Date: March 17, 1964. v. Amount Claimed: Englewood waters will be delivered into the South Platte River at those times when an exchange for South Platte River water is possible and at a rate of delivery not to exceed 95 cfs, less carriage and transportation charges lawfully chargeable by the State Water Administration officials. 95cfs of conditional use is claimed. vi. Type of Use or Proposed Use: Diversion, storage and beneficial use by Englewood for its water supply, and that of its water customers for domestic, irrigation and other municipal purposes. vii. Place of Use or Proposed Use of Conditional Rights: The water diverted by exchange will be used within the service areas of Englewood and/or Centennial Water and Sanitation District any lands to which Englewood provides water for municipal purposes under an existing or future contract of supply. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Because Englewood has an integrated system, the following listed items represent system wide projects and work that have been completed or are in the process of being completed pertaining to both the South Platte Exchange and the Williams Fork Exchange (this list is not meant to be exclusive): a. Englewood has expended over $15,600,000 to improve its Allen Treatment Plant. Primary improvements include pre-treatment processes and addition of activated carbon filters. b. Englewood negotiated extensively with Centennial Water and Sanitation District concerning the lease of Englewood water including that provided by the exchanges. c. Englewood expended over $300,000 on its contract for the operation, maintenance and improvement of its Ranch Creek collection system and Cabin Meadow Creek reservoir and the operation of the exchanges, including, but not limited


A:\NOV.DOC

32

to, surveys and analysis of legal descriptions and negotiations with the U.S. Forest Service and other adjacent property owners to enable reconstruction of the roadways along conduits, and installation of piezometers and construction of toe drain in the Meadow Creek Reservoir dam. The Ranch Creek collection system and Cabin Meadow Creek reservoir provide the source of substitute supply for the exchanges, pursuant to the contracts referenced above. d. Englewood engaged in litigation in Water Court for Division 5 to protect its water rights which provide the substitute supply for the exchange pursuant to the contracts referenced above. e. Englewood expended over $450,000 from 1993 through 2001, much of it during the diligence period herein, to pipe City Ditch from below Chatfield Reservoir to the pump station which supplies McLellan Reservoir. City Ditch carries water provided by the exchanges. f. Englewood expended over $600,000 for a pipeline to carry Bear Creek water across the South Platte River to Englewood’s forebay reservoir near Union Avenue. WHEREFORE, Englewood respectfully requests that this Court enter a Finding and Decree of Reasonable Diligence for 47 cfs of the South Platte Exchange and 95 cfs of the Williams Fork Exchange, and continuing the conditional decree entered in 93CW062 in full force and effect. (8 pages) 2001CW216 CRYSTAL LAKES WATER AND SEWER ASSOCIATION, 300 Tami Road, Red Feather Lakes, CO 80545 (Robert F. T. Krassa, Krassa, Madsen & Miller, LLC, 1680 - 38th Street #800, Boulder, CO 80301). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY 2. Name of the structure: Upper Lone Pine Lake, (Second Enlargement) a reservoir 3. Describe conditional water right: A. Date of original decree: May 25, 1995; Case 91CW116, District Court for Water Division No. 1 B. Location: SE1/4 NEl/4, Section 23, Township 10 North, Range 74 West of the 6th P.M., Larimer County. Dam axis crosses stream at a point which bears South 13 deg 23 min 30 sec West 1597.4 feet from the Northeast corner of said Section 23. C. Source: North Lone Pine and Killpecker Creeks, tributary to Cache la Poudre River. D. Appropriation Date: October 14, 1989 The amount of water: 151.79 acre feet CONDITIONAL E. Use: Municipal, irrigation, recreation, fish and wildlife propagation, augmentation and replacement. 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: planning, investigations, litigation and negotiations for protecting the water rights necessary to the implementation of the water development plan for Applicant's service area have been continuing. In addition, the following steps have been accomplished which relate specifically to the subject water right. A feasibility study for the Upper Lone Pine reservoir was completed by Resource Consultants and Engineers, Inc. at a cost over $26,000. Permitting was obtained to operate a gravel pit in part of the reservoir site to obtain and stockpile materials to construct the dam, including core trench clay, and to prepare the site. Further, Applicant has obtained legal advice concerning obtaining necessary permitting for the next stage of the project, and is preparing specifications for permitting consultants. Applicant has in all respects diligently worked toward placing these water rights to beneficial use.


A:\NOV.DOC

33

2001CW217(83CW318, 94CW212) CITY OF LOUISVILLE, C/O Public Utilities Director, 749 Main Street, Louisville, CO 80027. (Michael D. Shimmin, Vranesh & Raisch, LLP, 1720 14th Street, #200, Boulder, CO 80302. Telephone: (303) 443-6151 Fax: (303) 443-9586 Email: [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN BOULDER COUNTY. g 1. Name, Address, and Telephone Number of Applicant: City of Louisville c/o Public Utilities Director 749 Main Street Louisville, CO 80027 2. Name of Structure: City of Louisville Pipeline. 3. Description of Conditional Water Rights: A. Prior Decrees: The conditional water rights were initially decreed in Case No. 83CW318, Water Court for Water Division 1, on December 14, 1988. A previous diligence application was decreed in Case No. 94CW212 (83CW318) on November 17, 1995. B. Location: The intake is located on the south bank of South Boulder Creek at a point derived by beginning at the southeast corner of Section 25, T1S, R71W of the 6th P.M., Boulder County, Colorado and running thence north along the east line of said Section 25, a distance of 1,264.5 feet and thence westerly at an angle of 90°, a distance of 1,515 feet and terminates at Louisville Reservoir which is located in the S1/2, Section 6, T1S, R69W of the 6th P.M., Boulder County, Colorado. C. Source: South Boulder Creek. D. Appropriation Date and Amount: The date of appropriation is June 18, 1983, and the amount is 1.12 cfs, conditional. (This amount is in addition to the 6.615 cfs, previously decreed as absolute for the Louisville Pipeline.) E. Use: All municipal purposes, including irrigation, domestic, commercial, and industrial. When not needed for immediate use, water diverted under this priority will be stored in Louisville Reservoir. 4. Detailed Outline of Work Done to Complete Conditional Water Right:


A:\NOV.DOC

34

A. During the past six year diligence period, Louisville has spent significant amounts of money on acquisition and construction of additional water resources facilities, water treatment and distribution facilities, and water rights to serve the water needs of Louisville. In its continuing efforts to develop its water system, Louisville has spent a total of at least $7,420,000. B. These conditional rights are an integrated part of Louisville's municipal water system. Louisville still intends to divert water under these conditional rights, but none has been diverted during the past six years. Louisville is a growing city and has constructed additional water delivery facilities and taken other steps to protect, develop, and put to beneficial use these conditional water rights, all at significant cost. Therefore, Louisville has been diligent in the development of these conditional water rights and requests a decree continuing the entire 1.12 cfs conditional water right for an additional six years. 5. Information to Make Conditional Right Absolute: No portion of the conditional right is being made absolute at this time. Continuing diligence is requested for the entire conditional water right. (2 pages) 2001CW218(82CW467, 94CW211) City of Louisville. Michael D. Shimmin, Vranesh & Raisch, LLP, 1720 14th Street, #200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN BOULDER COUNTY. 1. Name, Address, and Telephone Number of Applicant: City of Louisville c/o Public Utilities Director 749 Main Street Louisville, CO 80027 2. Name of Structure: Harper Reservoir, First Enlargement. 3. Description of Conditional Water Rights: A. Prior Decrees: The conditional water rights were initially decreed in Case No. 82CW467, Water Court for Water Division 1, on December 28, 1988. A previous diligence application was decreed in Case No. 94CW211 (82CW467) on November 17, 1995. B. Location: As enlarged, the reservoir is located in the S 1/2 NW 1/4 and the N 1/2 SW 1/4 of Section 7, T1S, R69W, 6th P.M., Boulder County, Colorado, with the southwestern most point of the dam being located at a point approximately 2,266 feet north and 4,461 feet west of the southeast corner of said Section 7.


A:\NOV.DOC

35

C. Source: South Boulder Creek. D. Appropriation Date and Amount: The date of appropriation is December 14, 1982, and the amount is 652.71 acre feet, conditional. E. Use: All municipal purposes, including domestic, industrial, commercial, fire protection, irrigation, stock watering, recreation and wildlife conservation. Water will also be used for exchange purposes, for replacement of depletions resulting from the use of water from other sources and other priorities from the same source, and for augmentation purposes. 4. Detailed Outline of Work Done to Complete Conditional Water Right: A. During the past six year diligence period, Louisville has spent significant amounts of money on acquisition and construction of additional water resources facilities, water treatment and distribution facilities, and water rights to serve the water needs of Louisville. In its continuing efforts to develop its water system, Louisville has spent a total of at least $7,420,000. B. These conditional rights are an integrated part of Louisville's municipal water system. Louisville has tried to divert water under these conditional rights, but none has been available in priority. Louisville is a growing city and has constructed additional water delivery facilities and taken other steps to protect, develop, and put to beneficial use these conditional water rights, all at significant cost. Therefore, Louisville has been diligent in the development of these conditional water rights and requests a decree continuing the entire 652.71 acre feet conditional water right for an additional six years. 5. Information to Make Conditional Right Absolute: No portion of the conditional right is being made absolute at this time. Continuing diligence is requested for the entire conditional water right. 2001CW219(80CW451, 94CW076) City of Louisville. Michael D. Shimmin, Vranesh & Raisch, LLP, 1720 14th Street, #200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN BOULDER COUNTY.

1. Name, Address, and Telephone Number of Applicant: City of Louisville c/o Public Utilities Director 749 Main Street Louisville, CO 80027 2. Name of Structure: Baseline Reservoir Exchange


A:\NOV.DOC

36

3. Description of Conditional Water Rights: A. Prior Decrees: The conditional exchange rights were initially decreed in Case No. 80CW451, Water Court for Water Division 1, on May 10, 1988. A previous diligence application was decreed in Case No. 94CW076 (80CW451) on November 28, 1995. B. Location: An exchange of water stored in Baseline Reservoir up Dry Creek to its divergence from South Boulder Creek, and up South Boulder Creek to Louisville's alternate points of diversion. Baseline Reservoir is located in Sections 2 and 3, T1S, R70W, and Sections 34 and 35, T1N, R70W of the 6th P.M., Boulder County, Colorado. Water from South Boulder Creek is delivered from Dry Creek (the New Dry Creek Carrier) with its headgate located at a point on the east bank of South Boulder Creek in the SW 1/4 of the SW 1/4 of Section 3, T1S, R70W of the 6th P.M. Louisville's alternate points of diversion are the Community Ditch and the Louisville Pipeline, which are described in more detail in the original decree entered in Case No. 80CW451, on May 10, 1988. C. Source: Dry Creek and South Boulder Creek. D. Appropriation Date and Amount: The date of appropriation is October 4, 1978, and the amount is 80.0 cfs, conditional. (This amount is in addition to the 20.0 cfs, previously decreed as absolute for the Baseline Reservoir Exchange.) E. Use: All municipal purposes in the present and future service area of Louisville and for irrigation. This use includes storage in Marshall Lake through the Community Ditch, storage in Louisville Reservoir and/or Harper Reservoir, and direct flow diversions through the Community Ditch and/or the Louisville Pipeline. The uses are described in more detail in the original decree entered in Case No. 80CW451 on May 10, 1988. 4. Detailed Outline of Work Done to Complete Conditional Water Right: A. During the past six year diligence period, Louisville has spent significant amounts of money on acquisition and construction of additional water resources facilities, water treatment and distribution facilities, and water rights to serve the water needs of Louisville. In its continuing efforts to develop its water system, Louisville has spent a total of at least $7,420,000. B. These conditional rights are an integrated part of Louisville's municipal water system. Louisville has tried to divert water under these conditional rights, but none has been available in priority. Louisville is a growing city and has constructed additional water delivery facilities and taken other steps to protect, develop, and put to beneficial use these conditional water rights, all at significant cost. Therefore, Louisville has been diligent in the development of these conditional water rights and


A:\NOV.DOC

37

requests a decree continuing the entire 80.0 cfs conditional water right for an additional six years. 5. Information to Make Conditional Right Absolute: No portion of the conditional right is being made absolute at this time. Continuing diligence is requested for the entire conditional water right. 2001CW220 COMPARK 190, LLC. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN DOUGLAS COUNTY 1. Name, Address and Telephone Number of Applicant: Compark 190, LLC, c/o Hank Vanderryst, 8400 E. Prentice Ave., #808, Englewood, Colorado 80111, Telephone: (303) 793-3131, c/o Wayne F. Forman, Esq., Avra O. Morgan, Esq., Brownstein, Hyatt & Farber, P.C., 410 Seventeenth Street, 22nd Floor, Denver, CO 80202-4437, (303) 223-1100. 2. Wells. Wells that will withdraw the groundwater sought to be decreed by this Application have not yet been constructed, nor have applications for well permits been filed. Prior to constructing any well to withdraw the subject groundwater, Applicant will apply to the State Engineer for a permit to construct that well, and the Applicant requests that the Court require, as a condition of the decree entered in this case, that well permits be issued upon application for any such wells in accordance with said decree. 3. Description of Wells and Overlying Land. The wells will withdraw groundwater from the Dawson, Denver, Arapahoe and Laramie Fox-Hills aquifers underlying adjoining parcels of property know as the LNH and Dallman properties, consisting of 20 acres each located in the SE ¼ SW ¼ of Section 6, Township 6 South, Range 66 West of the 6th P.M. in Douglas County, Colorado, as more particularly described on Exhibit A and depicted on Exhibit B ( the "LNH & Dallman Properties"). The Applicant requests the right to construct additional, supplemental or replacement wells as are necessary in order to maintain production levels in each formation without publishing additional notice or filing any additional pleading with the Court. 4. Source, Augmentation Requirements, and Depth of Wells. a. Applicant seeks a determination of its right to withdraw all of the groundwater in the Dawson, Denver, Arapahoe and Laramie Fox-Hills aquifers underlying the LNH and Dallman Properties. The water underlying the LNH and Dallman Properties in the Dawson and Denver aquifers is "not nontributary groundwater" and subject to the provisions of C.R.S. § 37-90-137(c)(I) (2001). The water in the Arapahoe and Laramie Fox-Hill aquifers is "nontributary groundwater" as defined in C.R.S. § 37-90-137(10) (2001). b. Applicant will make no use of the not nontributary Dawson and Denver aquifer water prior to the issuance of a judicially approved plan for augmentation, as required by C.R.S. § 37-90-137(9)(c)(I) (2001). c. Each well will be completed to the bottom of the aquifer into which it is drilled. For the purposes of the decree to be entered in this case, the Applicant will rely on the well depths set forth in any Determination of Facts issued by the State Engineer, or on the Denver Basin Rules, 2 C.C.R. 402-6 (1987). 5. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use: The rights sought to be decreed in this case are not governed by the appropriation doctrine. Applicant requests the Court to decree that the rights adjudicated in this case are vested property rights notwithstanding the fact that groundwater has not yet been diverted and applied to beneficial use. 6. Amount Claimed: Applicant claims the right to withdraw all of the groundwater legally available within the Dawson, Denver, Arapahoe and Laramie Fox-Hills aquifers underlying the LNH and Dallman Properties, over the statutorily-established 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) (2001), and to withdraw said amounts at whatever rate is required in order to produce water in the amounts and rates of flow needed. Applicant requests the nominal production rates of 250 g.p.m. for the Dawson aquifer, 500 g.p.m. for the Denver aquifer, 1000 g.p.m. for the Arapahoe aquifer, and 250 g.p.m. for the Laramie Fox-Hills aquifer be established for each new well drilled into the subject aquifers; the actual production rate may exceed these amounts in order to produce the total annual amount of groundwater. The estimated average annual amounts of groundwater available for withdrawal from the subject aquifers, based upon the Denver Basin Rules, 2 C.C.R. 402-6, are as follows: Estimated Area Specific Saturated Average Aquifer (Acres) Yield Thickness Annual


A:\NOV.DOC

38

Amount of Withdrawal (AF/Year) Dawson 40 0.20 112.0 9.0 Denver 40 0.17 223.8 15.2 Arapahoe 40 0.17 252.4 17.2 Laramie Fox-Hills 40 0.15 190.9 11.5 ____________________________________________________________________________ Applicant requests the Court to determine that the allowed annual amount of withdrawals may exceed the average annual amount of withdrawal of water so long as the total volume of water withdrawn from the wells does not exceed the product of the number of years since the date or dates of issuance of any well permit or the date of the decree entered in this case, whichever comes first, times the allowed average annual amount of withdrawal, as provided in the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, Rule 8(A). The water court judge shall retain jurisdiction over this matter to provide for the adjustment of the annual amount of withdrawal allowed to conform to actual local aquifer characteristics (upward or downward) from adequate information obtained from well drillings or test holes. See C.R.S. § 37-92-305(11) (2001). 7. Proposed Use: The groundwater in the subject Application and aquifers will be used, re-used, successively used and otherwise disposed of for municipal, domestic, industrial, commercial, fire protection, irrigation, stock watering, recreation, fish and wildlife preservation and propagation, augmentation, replacement, exchange and all other beneficial uses either on or off the LNH and Dallman Properties. Said water will be produced for immediate application to beneficial use, for storage and subsequent application and beneficial use, for exchange purposes, for replacement of depletions and all other augmentation purposes including taking credit for all return flows resulting from the use of said water. Applicant claims the right to use, re-use to extinction and/or to take return flow credit for all of the groundwater which is subject to this Application, subject to the provisions of Rule 8 of the Denver Basin Rules, 2 C.C.R. 402-6, regarding 2 % relinquishment of nontributary groundwater. 8. Owners of Overlying Land: The owner of the LNH and Dallman Properties is the Applicant, Compark 190, LLC. 9. Well Field: Applicant requests that the Court determine that the Applicant has the right to withdraw all of the legally available groundwater underlying the LNH and Dallman Parcels through wells to be constructed on the LNH and Dallman Parcels, and, that any wells constructed in the same aquifer may be utilized as alternate points of diversion, and that such wells comprise a well field as authorized by Rule 14 of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, with respect to any wells drilled within the same aquifer on the Property. Applicant seeks the right to locate wells to withdraw groundwater from the subject aquifers anywhere on the LNH and Dallman Properties, and to withdraw the subject groundwater in the Arapahoe and Laramie Fox-Hills aquifers through the wells located or to be located on contiguous parcels of the Stonegate Village Metropolitan District service area, which wells are further described in Exhibit C attached hereto and any additional wells constructed pursuant to Case Nos. 83CW279(A), 83CW279(B) and 84CW237(B), 99CW127 and 99CW169, Water Division No.1. 2001CW221 JOHN C. AND JANET M. McILWAINE, 26196 Rea Avenue, Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. McILWAINE Well #100563 is located in the NE1/4NE1/4, S14, T6S, R71W, 6th P.M., at a point 1295’ from the N line and 645’ from the E line, S14, a/k/a Lot 8, Filing 1, Aspenpark, Unit 2, Block 22, Lot 5, 6, 7, 8 and 26196 Rea Ave., Conifer, CO 80433. Source: Groundwater Depth: 500’ Appropriation: 6/1/1978 Amount claimed: 15 gpm Use: Household use only with one single family dwelling. (2 pages) 2001CW222 JEFF A. AND TRACI P. PATTON, 26282 Rea Ave., Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Well #125247 is located in the SE1/4NE1/4, S14, T6S, R71W, 6th P.M., 1380’ from the N section line and 1050’ from the E section line. Source: Groundwater Depth: 240’


A:\NOV.DOC

39

Appropriation: 12/22/1982 Amount claimed: 1.5 gpm Use: Household use only, single family dwelling. (2 pages) 2001CW223 JEFFREY M. AND KARLA J. CLARK, 26278 Rea Ave., Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Well #126188 is located in the SE1/4NE1/4, S14, T6S, R71W, 6th P.M., 1500’ from the N section line and 1050’ from the E section line, a/k/a Lot 9, Block A of Monteverde, 26278 Rea Ave., Conifer, CO 80433. Source: Groundwater Appropriation: 6/23/1982 Amount claimed: 3 gpm Use: Household use only, single family dwelling. (2 pages) 2001CW224 GREG AND JILL ANDERSON, 26270 Rea Ave., Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Well #128871 is located in the SE1/4NE1/4, S14, T6S, R71W, 6th P.M., 10’ from the N line and 10’ from the E section line of described Parcel 4 which includes Lot 6 and the northern part of Lot 5, all in Block A, the plat of Monteverde. Source: Groundwater Depth: 300’ Appropriation: 6/22/1983 Amount claimed: 4 gpm Use: Household use only, single family dwelling. (2 pages) 2001CW225 L. SUZANNE SCHMITTEL, 26264 Rea Ave., Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Well #125249 is located in the SE1/4NE1/4, S14, T6S, R71W, 6th P.M., 3050’ from S section line and 1180’ from E section line, Lot 3, Block A, Monteverde Subdivision. Source: Groundwater Depth: 260’ Appropriation: 5/3/1982 Amount claimed: 15 gpm Use: Household use only, single family dwelling. (2 pages) 2001CW226 CLAY AND VALERIE POWELL, 1533 Hitchrack Rd., Bailey, CO 80421. Application for Underground Water Right, IN JEFFESON COUNTY. Powell Well #233156 is located in the SE1/4NE1/4, S14, T6S, R71W, 6th P.M., 1665’ from N section line and 780’ from E section line, a/k/a Lot 15 & 16, Block A, MonteVerde Subdivision. Source: Groundwater Depth: 800’ Appropriation: 3/30/2001 Amount claimed: 1 gpm Use: Household use only, single family dwelling. (2 pages) 2001CW227 GARY AND AMY TYSON, 26268 Rea Ave ., Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Tyson well #128872 is located in the SE1/4NE1/4, S14, T6S, R71W, 6th P.M., at a point 3140’ from S section line and 1300’ from E section line, a/k/a Lot 4, Block A, Monteverde Subdivision. Source: Groundwater Appropriation: 12/29/1982 Amount claimed: 6 gpm Use: Household use only, single family dwelling. (2 pages)

2001CW228 Ronald and Marsha Kirby, P.O. Box 564, Franktown, Colorado 80116 (Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). Application For Underground Water Rights From Nontributary And Not Nontributary Sources And For Approval Of Plan For Augmentation, In The Nontributary Lower Dawson, Denver, Arapahoe, And Laramie-Fox Hills And The Not Nontributary Upper Dawson Aquifers, IN ELBERT COUNTY. 2. Well Permits: Well permits will be


A:\NOV.DOC

40

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 nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 40 acres of land being the SE1/4SE1/4 of Section 3, T9S, 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 the Upper 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 Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 144895 which will be repermitted to operate pursuant to the augmentation plan requested below. Applicants waive any 600 foot 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 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 subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 228 feet 18 acre-feet Lower Dawson 130 feet 10 acre-feet Denver 214 feet 14 acre-feet Arapahoe 228 feet 15 acre-feet Laramie-Fox Hills 207 feet 12 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants' and represents a claim to all 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 lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject 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 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. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction 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


A:\NOV.DOC

41

augmentation: A. Groundwater to be augmented: All or part of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above over a 300 year pumping period. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water over a 300 year pumping period for inhouse, irrigation, and stockwatering use on four lots to be located on the Subject Property through individual wells which wells will withdraw the water at rates of flow of 15 gpm. It is estimated that each well will use 1 acre-foot per year for inhouse use (0.5 acre-feet per year), irrigation of 7000 square-feet of lawn, garden, and trees (0.4 acre-feet), and stockwatering of 8 large domestic animals (0.1 acre-feet). Applicant reserves the right to revise these values without having to amend the application or republish the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Cherry Creek or Running Creek stream systems. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return 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 will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts 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 subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, 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 legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal


A:\NOV.DOC

42

specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained 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 and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for 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. 2001CW229 Creekside Community Church, P.O. Box 1208, Elizabeth, Colorado 80107 (303) 646-2900. (Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80202, (303) 534-3636) Application For Underground Water Rights From Nontributary And Not Nontributary Sources And For Approval Of Plan For Augmentation In The Nontributary Lower Dawson, Denver, Arapahoe, And Laramie-Fox Hills And The Not Nontributary Upper Dawson Aquifers IN ELBERT COUNTY. 2. Well Permits: Well permits will 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 nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 26.66 acres of land being Lot 2, Foral Minor Development, being generally located in part of the SW1/4 of Section 31, T7S, R64W 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 Upper 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 Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicant waives any 600 foot 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 indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimate the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 155 feet 8 acre-feet Lower Dawson 85 feet 4 acre-feet Denver 238 feet 10 acre-feet Arapahoe 242 feet 11 acre-feet Laramie-Fox Hills 194 feet 7 acre-feet


A:\NOV.DOC

43

The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all groundwater underlying the Subject Property. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject 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. 7. Proposed Use: Applicant will use all water 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. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction 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 or part of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above over a 300 year period. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicant will use the Upper Dawson water for commercial and irrigation use for a church to be located on the Subject Property at rates of flow necessary to withdraw the entire annual amount over a 300 year period. For purposes of this application, commercial use is estimated to require approximately 1.5 acre-feet per year and irrigation use will require approximately 0.5 acre-feet per year for irrigation. Applicant reserves the right to revise these uses without the need of amending this application or republishing the same. Sewage treatment for commercial use will be provided by a non-evaporative septic system. Consumptive use associated with commercial use will be approximately 10% of water used and it is estimated 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 of the lots into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return 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, Applicant will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicant will reserve an adequate amount of nontributary groundwater


A:\NOV.DOC

44

underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicant will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically 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 will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained 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 and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals 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 relief as seems proper in the premises. 2001CW230 Janette M. Everitt, Trustee of the Janette M. Everitt Trust, Charles M. Everitt, Andrew and Sandra Whelchel, and Susan Bollig, as their interests may appear, c/o 45250 N. Delbert Road, Parker, Colorado 80138 (303) 569-0767 (Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636.) Application For Plan For Augmentation IN ELBERT COUNTY. 2. Description of plan for augmentation: A. Groundwater to be augmented: All or part of the not nontributary Upper Dawson aquifer groundwater over a 300 year period underlying and associated with approximately 240 acres of land, located in the NW1/4 and N1/2SW1/4 of Section 15, T6S, R65W, 6th P.M., as shown on Attachment A hereto ("Subject Property"), and pending in Case No. 2001CW098, District Court, Water Division 1. B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also pending in this court in Case No. 2001W098. C. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater may be used to serve up to 19 residential lots on the Subject Property through individual wells for a 300 year period, at rates of flow of 15 gpm. For purposes of this application, inhouse use will require approximately 0.3 acre-feet per well, irrigation will require approximately 0.057 acre-feet per year for irrigation of each 1000 square-feet of home lawn and garden, and stockwatering will require 0.05 acre-feet for each 4 large domestic animals. Applicants


A:\NOV.DOC

45

reserve the right to amend these values and the number of lots to be served based on final planning of the Subject Property without amending this application or republishing the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated 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 of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures in use at that time. D. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the Coal Creek or Piney Creek stream systems. Return flows from use of the subject water rights from inhouse use through nonevaporative septic systems and from irrigation use, will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. E. After the 300th year, after all the Upper Dawson water is withdrawn, or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 3. Remarks: Applicants will withdraw the not nontributary Upper Dawson aquifer water underlying the Subject Property under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 4. Granting the application herein and specifically determining that vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2001CW231 Hidden Village Property Owners Association, Larree Morgan and Katherine Morgan, Michael W. and Linda A. Roben, William J. Hanna and Cindy A. Hanna, Ronald S. and Joan H. Maclachlan, Robert L. Clark and Sherry Helmeke, Peter Carlson and Linda K. Carlson, Peter J. Carlson and Linda K. Carlson, Joseph L. Huhn, William O. Keller and Rose Ann Keller, Helen J. Stroesenreuther, William J. Miller Trust, Daniel R. and Barbara J. Garzelloni, The Johnsen Family Trust, Gustav D. Burkard & M. Camille Burkard, Douglas L. Jameson, Robert B. Parker and Nita Jean Parker, Louis F. Cicchinelli and Dorotha G. Cicchinelli, Dixie Van De Flier & Emj Van De Flier, 1999 Eva Marian Gore Residential Trust and 1999 Arthur Gary Gore Residential Trust, Patrick Haywood and Barbara Haywood, Nancy L. Stump, Inga Boeck and Manfred Boeck, Allen E. Cook and Leanne L. Cook, John A. and Susan Gianakos, Ronald H. and Elizabeth A. Johnson, Clayton Eldon and Sally White, Mark L. Adkins and Mary Kay Adkins, Fidel Gonzalez, Jr. and Linda M. Tetor, Thomas C. Nelson and Janice Nelson, Lori A. Florian and Robert J. Florian, Les C. Konley and Elizabeth M. Emge, John and Deborah McKenna, William B. O’Rourke and Margaret


A:\NOV.DOC

46

A. O’Rourke, A. J. Wells and Emma K. Wells, Julie Ann Neukomm Theodore Paul Wittmann and Stanley E. Schneider, Rogert D. Read Revocable Trust and Linda R. Read Revocable Trust, Clyde E. Tucker Trust and Carol D. Tucker Trust, Joseph R. and Jeannine M. Lincoln, Kevin S. Burress, Walter Avramenko and Mira J. Neumiller, Michael Leigh and Denise Leigh, Donald G. and Dorothy R. Smith, Walter B. Ash and Fern O. Ash, James A. Mann and Gwen E. Mann, Todd E. Crouse and Marilyn R. Crouse, George R. Stoll and Patricia V. Stoll, Carla J. Bates, Kevin Scott Pool, William Hetherington Family Trust, Bank of Cherry Creek, Trustees, Lev Prystupa and Denise H. Adams, Lurenda L. Melms, Roy W. Hillmer, Dianna M. and Wayne E. Ostermann, Lavern E. Martinez, Dwayne A. Petersen and Patricia J. Petersen, Robert J. Burkhart and Sandra A. Burkhart, Beverly H. Beebe., c/o 6544 Village Road, Parker, Colorado 80134. (Holder & Ciliberto, P.C., 518 Seventeenth Street, Suite 1500, Denver, Colorado 80202, (303) 534-3636). Application for Underground Water Rights from Nontributary and Not Nontributary Sources, in the Nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application.3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 309.6 acres of land, located within the boundaries of Hidden Village Subdivision Filings 1 through 6, as generally located in parts of Sections 6, 7, and 8, Township 7 South, Range 65 West of the 6th P.M., as shown on Attachment B hereto. The specific lots and associated acreage owned by each Applicant are more particularly described on Attachment A hereto, and Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to §37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 96 feet 58 acre-feet Denver 253 feet 131 acre-feet Arapahoe 145 feet 75 acre-feet Laramie-Fox Hills 194 feet 88 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary 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 lying below their respective lands, through wells or 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: The water will be used, reused, successively used, and after use leased, sold, or otherwise


A:\NOV.DOC

47

disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, aesthetic, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. 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 will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. The groundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; and C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2001CW232 AUSTIN B. CAESAR, 26795 Light Lane, Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Choate Well No. 7162 is located in the NE1/4SE1/4, S14, T6S, R71W, 6th P.M. Ravenwood Well No. 157744-A is located in the NW1/4SW1/4, S13, T6S, R71W, 6th P.M. Source: Groundwater in fractured granite Depth: Choate Well No. 7162: 75’; Ravenwood Well No. 157744-A: 350’ Appropriation: Choate Well No. 7162: 10/4/1960; Ravenwood Well No. 157744-A: Unknown Late 1800’s (As per late registration 313855-A) Amount: 6 gpm Use: Choate Well No. 7162: 1.0 acres; Ravenwood Well No. 157744-A: 1.0 acres. If non-irrigation describe purpose fully: Domestic, in house use, fire protection, and the watering of livestock, poultry and domestic animals. (2 pages) 2001CW233 BISHOP AND DIOCESE OF COLORADO, 1300 Washington St., Denver, CO 80203-2008. Application for Underground Water Right, IN JEFFERSON COUNTY. St. Laurence’s No. 139298 is located in the SW1/4NE1/4, S14, T6S, R71W, 6th P.M. Source: Ground water in fractured granite. Depth: 200’ Appropriation: August, 1985 Amount claimed: 3 gpm Proposed use: Domestic (Church) and irrigation of 1.0 acre of lawn and garden. (2 pages) 2001CW234 TOWN OF MORRISON, P.O. Box 95, Morrison, CO 80465 (Cynthia F. Covell, Alperstein & Covell P.C., Denver, CO 80202). Application for Finding of Reasonable Diligence, IN JEFFERSON COUNTY. Description of conditional water right: A. Date of original decree: March 23, 1983; Case No.: 81CW358; Court: Water Court, Water Division 1. B Location: The decreed location of the Strain Gulch Reservoir is in the NW¼SE¼, Section 2, T5S, R70W of the 6th P.M. in Jefferson County, Colorado. C. Source: Strain Gulch, tributary to Bear Creek. D. Appropriation date: May 21, 1980; Amount: 150 acre-feet, conditional; Use: Municipal purposes, including augmentation and the right to exchange. E. Point of Diversion: In Case No. 94CW105, the location of the proposed inlet structure for the Strain Gulch Reservoir was identified as a location approximately 900' East and approximately 200' South


A:\NOV.DOC

48

of the centerline of Section 2, Township 5 South, Range 70 West of the 6th P.M. in Jefferson County, Colorado. Change in storage location: In Case No. 94CW209, decreed November 18, 1996, the Court entered a decree pursuant to which the water rights decreed to the Strain Gulch Reservoir in Case No. 81CW358 could also be stored at the Morrison Reservoir No. 2, located in portions of the SE¼NE¼ and N½, SE¼ of Section 10, and the W½W½NW¼ of Section 11, T5S, R70W of the 6th P.M. in Jefferson County, Colorado. Pursuant to this decree, the water right decreed in Case No. 81CW358 may be stored at either the originally decreed Strain Gulch Reservoir location or the Morrison Reservoir No. 2 location. Water may only be stored in the Morrison Reservoir No. 2 under the decree in Case No. 81CW358 when it is legally and physically available for storage at the originally-decreed location of the Strain Gulch Reservoir. The decree in Case No. 94CW209 also limits the rate of diversion to storage to a rate not to exceed 10 cfs. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Strain Gulch Reservoir is part of Morrison’s integrated municipal water supply system. Since the last diligence decree was entered, Morrison has (1) computerized its accounting forms at the request of the water commissioner. The cost of creating computerized accounting forms was approximately $5,000.00; (2) rebuilt its original intake on Bear Creek, and reconstructed some raw water lines and associated structures. The cost of these projects exceeds $55,000; (3) located a site and conducted some preliminary design work for a second Bear Creek intake; (4) participated as an objector in a number of water rights applications filed by others in order to protect its water rights, including the Strain Gulch decree for which diligence is here sought, and has expended in excess of $15,000 in legal fees on these cases; (6) obtained a decree in Case No. 94CW209 which will enable it to store the water right decreed in Case No. 81CW358 at an alternative reservoir site, the Morrison Reservoir No. 2. Morrison Reservoir No. 2 is being constructed before a reservoir can be completed at the originally-decreed location, because the Morrison Reservoir No. 2 is less costly to construct. Morrison has annexed the land on which Morrison Reservoir No. 2 will be located, and pursuant to the annexation agreement, Cooley Gravel Company (now known as Aggregate Industries, Inc.) will deliver a gravel pit capable of containing at least 500 acre-feet of water to Morrison. Actual conveyance of the reservoir site (including the gravel pit) is expected to occur in the very near future when surveys and legal descriptions are completed. During this diligence period, the Town has expended approximately $600,000 to construct water lines and pump stations to enable storage of water in the Morrison Reservoir No. 2, and is in the process of completing a vault, pitless adaptor and pump installation. The Town expects to begin filling the Morrison Reservoir No. 2 in the spring of 2002; (7) expended several thousand dollars in legal fees during this diligence period to obtain a decree in Case No. 94CW209, in order to permit storage in Morrison Reservoir No. 2 of the 150 acre-feet decreed in Case No. 81CW358. (The decree in Case No. 94CW209 also allows storage of other water rights in the Morrison Reservoir No. 2.) 2001CW235 CONIFER WATER ASSOCIATION, 12860 W. Cedar Drive, Suite 102, Lakewood, Colorado 80228. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Name of Structure: Conifer Centre Reservoir No. 1. 2. Description of Conditional Water Right: A. Date of Original Decree: June 25, 1980. Case No. 79CW288. Court: District Court, Water Division 1. Note: Findings of Reasonable Diligence were entered by this Court on December 12, 1984, in Case No. 84CW138; on April 4, 1989, in Case No. 88CW091; and on November 16, 1995, in Case No. 95CW083. B. Location: Conifer Centre Reservoir No. 1 is located in the E 1/2 NE 1/4 NE 1/4, Section 3, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The right abutment of the dam is located at a point approximately 30 feet South of the North Section line and approximately 10 feet West of the East Section line of said Section 3. C. Source: North Turkey Creek and its tributaries. D. Date of Appropriation: July 17, 1979. E. Amount of Water: 14.95 acre feet, CONDITIONAL, with the right to fill and refill. F. Uses: Augmentation, exchange, domestic, municipal, commercial, fire protection, irrigation, recreational piscatorial and all other beneficial uses. 3. Outline of What Has Been Done Toward Completion of for Completion of the


A:\NOV.DOC

49

Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Applicant has employed the engineering firms of Steffens and Associates, Inc., Church & Associates, Inc. and Mountain States Engineering Associates, P.C. to provide technical assistance regarding construction of the Reservoir. Additional surveying and staking of the site has been undertaken. A jurisdictional determination and delineation of wetlands at the site has been completed. A staff member from the Denver office of the Army Corps of Engineers has viewed the site and the Army Corps of Engineers has issued a letter of approval for the wetland delineation map. Permission has also been obtained from the Army Corps of Engineers to install a culvert in North Turkey Creek to allow equipment to be moved on site for the purpose of conducting additional core drilling. Once the depth of bedrock and the type of materials on site are confirmed, the preliminary design work previously done will be finalized in preparation for moving forward with construction. The Reservoir is one of the components of Applicant's water system. Since entry of the Decree in Case No. 95CW083, numerous improvements have been made to the water system. These projects have consumed substantial amounts and time and resources. Over the prior six years, in excess of $596,000.00 has been expended on the water system as a whole, including the Reservoir, by the Conifer Water Association and its members. Applicant has continued to operate the plan for augmentation which was decreed in Case No. W-8564-77. The Conifer Centre Reservoir No. 1 is included in the plan as an augmentation source. WHEREFORE, Applicant requests that the conditional status of the Conifer Centre Reservoir No. 1 be continued for another diligence period. (4 pages).

2001CW236 void 2001CW237 void 2001CW238 void 2001CW239 SHERYL D. LIGHT, P.O. Box 342, Conifer, CO 80433. (Mark Wagner, HILL & ROBBINS, P.C., 1441 - 18th St., Suite 100, Denver, CO 80202). Application for Ground Water Right, IN JEFFERSON COUNTY. Light Well No. 41198 is located in the NE1/4SE1/4, S23, T6S, R71W, 6th P.M. Source: Ground water in fractured granite Appropriation: 5/12/1970 Amount claimed: 1.5 gpm Proposed use: Domestic (2 pages)

2001CW240 CARL BAGWELL, 26685 Light Lane, Conifer, CO 80433. (Mark Wagner, HILL & ROBBINS, P.C., 1441 - 18th St., Suite 100, Denver, CO 80202). Application for Ground Water Right, IN JEFFERSON COUNTY. Bagwell Well No. 27176 is located in the NE1/4SE1/4, S14, T6S, R71W, 6th P.M. Source: Ground water in fractured granite Appropriation: 5/9/1966 Amount claimed: 15 gpm Proposed use: Domestic (2 pages) 2001CW241 JOSEPH H. BOSWORTH, 92 Riverview Drive, Dalton, MA 01226. (Mark Wagner, HILL & ROBBINS, P.C., 1441 - 18th St., Suite 100, Denver, CO 80202). Application for Ground Water Right, IN JEFFERSON COUNTY. Bosworth Well No. 73856 is located in the SW1/4SW1/4, S13, T6S, R71W, 6th P.M, at a point approximately 1250’ from the S section line and 150’ from the W section line of said S13. Source:


A:\NOV.DOC

50

Ground water in fractured granite Appropriation: 3/15/1974 Amount claimed: 15 gpm Proposed use: Household use only. (2 pages) 2001CW242 H. ARLENA WOOD, 92 Riverview Drive, Dalton, MA 01226. (Mark Wagner, HILL & ROBBINS, P.C., 1441 - 18th St., Suite 100, Denver, CO 80202). Application for Ground Water Right, IN JEFFERSON COUNTY. Wood Well No. 88938 is located in the NW1/4SW1/4, S13, T6S, R71W, 6th P.M., at a point approximately 1980’ from the S section line and 1080’ from the W section line of said S13. Source: Ground water in fractured granite Appropriation: 2/3/1977 Amount claimed: 15 gpm Proposed use: Household use only. (2 pages) 2001CW243 RODNEY SNYDER, 26765 Light Lane, Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Home Well No. 74121 is located in the SW1/4NE1/4, S13, T6S, R71W, 6th P.M., 2000’ from the N section line and 2180’ from the E section line of said S13. Source: Ground water Depth: 460’ Appropriation: 8/27/1980 Amount claimed: 10 gpm Proposed use: 1 household- Pets: 3 llama, 5 goats, 1 dog and 2 cats (2 pages) 2001CW244 MICHAEL E. RACHFALSKI, 25927 Rea Ave., Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Rachfalski Well No. 93777 is located in the SW1/4NW1/4, S13, T6S, R71W, 6th P.M., 1330’ from the N section line and 100’ from the W section line. Source: Ground water Appropriation: 8/17/1977 Amount claimed: 10 gpm Proposed use: Household use single family dwelling (2 pages) 2001CW245 BENNETT AUSLAENDER AND KAREN ROSENBERG. (Mark J. Wagner, Hill & Robbins, P.C, 1441 18th Street, Suite 100, Denver, CO 80202). APPLICATION FOR GROUND WATER RIGHT, IN JEFFERSON COUNTY

1. Name, address, telephone number(s) (residence and business) of applicant(s)

Bennett Auslaender Karen S. Rosenberg

2645 S. Franklin St. P.O. Box 688 Denver, CO 80210 Morrison, CO 80465

2. Names of wells and permit numbers.

Auslaender Commercial Well No. 1; Permit No. 233876 Auslaender Commercial Well No. 2; Permit No. 234258 Auslaender Commercial Well No. 3; Permit No. 235862 Auslaender Commercial Well No. 4; Permit No. 236230 Rosenberg Commercial Well No. 1; Permit No. 233896 Rosenberg Commercial Well No. 2; Permit No. 234259

3. Legal description of wells:

Auslaender Commercial Well No. 1: located in the NE/4 NW/4 of Section 23, Township 6 South, Range 71 West of the 6th P.M. at a point approximately 945 feet from the North Section Line and 2365 feet from the West Section Line of said Section 23.


A:\NOV.DOC

51




Rosenberg Commercial Well No. 1: located in the NE/4 NW/4 of Section 23, Township 6 South, Range 71 West of the 6th P.M. at a point approximately 875 feet from the North Section Line and 2440 feet from the West Section Line of said Section 23.

Rosenberg Commercial Well No. 2: located in the NE/4 NW/4 of Section 23, Township 6 South, Range 71 West of the 6th P.M. at a point approximately 815 feet from the North Section Line and 2440 feet from the West Section Line of said Section 23.

4. A. Source: Ground water tributary to North Turkey Creek

B. Depth: Approximately 500 feet.

5. A. Date of appropriation:

Auslaender Commercial Well No. 1: 05/19/1999 Auslaender Commercial Well No. 2: 10/30/1998 Auslaender Commercial Well No. 3: 10/30/1998 Auslaender Commercial Well No. 4: 10/30/1998 Rosenberg Commercial Well No. 1: 01/15/1998 Rosenberg Commercial Well No. 2: 01/15/1998

B. How appropriation was initiated: Formation of intent to appropriate and filing of well permit application.

C. Date water applied to beneficial use: Not applicable

6. Amount claimed: 15 gpm for each well; the maximum annual amount diverted by each well shall not exceed 1/3 acre-foot (108,600 gallons)

7. If well is non-tributary: Not Applicable

8. Proposed use:

A. If irrigation, complete the following: Not applicable.

B. If non-irrigation, describe purpose fully: The use of water from these wells is limited to drinking and sanitary facilities as described in C.R.S. §37-92-602(1)(c), for a commercial business

9. Name(s) and address(es) of owner(s) of land on which well is located: Applicants are the owners of the lands on which the respective wells are located. The Applicants’ addresses are set forth above.


A:\NOV.DOC

52

10. Remarks: The Applicants request a finding that the above described water rights are exempt from administration pursuant to C.R.S. §37-92-602(1)(c). 2000W250 Los Lagos Ranch, Inc., 22637 Peak-to-Peak Highway, P.O. Box 130, Rollinsville, Colorado 80474-0130. AMENDED APPLICATION FOR WATER RIGHTS (SURFACE, STORAGE AND REFILL), IN BOULDER AND GILPIN COUNTIES. All future pleadings and correspondence to: Daniel K. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. Names of structures: The Hal Sayre Collection System consists of the Los Lagos Lateral Ditch, which diverts from the locations described in paragraphs 3.A. and 3.B. below, and the Supplementary Los Lagos Ditch that extends from the point of diversion described in paragraph 3.C. below. Applicant also intends to construct a point of diversion described in paragraph 3.D. below which will serve an as yet unconstructed ditch which will be called the Beaver Creek Ditch. Reservoirs in which waters diverted pursuant to the decree sought herein may be stored are Los Lagos Reservoir No. 1, a/k/a Lake Phyllis, a/k/a West Lake; Los Lagos Reservoir No. 2, a/k/a Lake Constance, a/k/a Middle Lake; Los Lagos Reservoir No. 3, a/k/a East Lake; Opalair Reservoir, a/k/a Frog Pond; and Glen Lake Reservoir, a/k/a Fourth of July Lake. Legal description of each point of diversion: (A.) Hal Sayre Collection System Diversion Point 1 is at a headgate on the south bank of an unnamed northern branch of Beaver Creek located in the Northeast Quarter of Section 26, Township 1 South, Range 73 West of the 6th P.M. more particularly described as a point from which the Northeast Corner of Section 26, Township 1 South, Range 73 West of the 6th P.M. bears north 62° 23' 20" east a distance of 2,493.2 feet. (B.) Hal Sayre Collection System Diversion Point 2 is at a headgate on the south bank of Beaver Creek located in the Southeast Quarter of Section 26, Township 1 South, Range 73 West of the 6th P.M. more particularly described as a point from which the Northeast Corner of Section 26, Township 1 South, Range 73 West of the 6th P.M. bears north 10° 04' 20" east a distance of 3,271.1 feet. (C.) Hal Sayre Collection System Diversion Point 3 is at a headgate on the south bank of Beaver Creek located in the Southeast Quarter of Section 26 Township 1 South, Range 73 West of the 6th P.M. more particularly described as a point from which the Northeast Corner of Section 26, Township 1 South, Range 73 West of the 6th P.M. bears north 16° 37' 40" east a distance of 3,542.7 feet. (D.) Hal Sayre Collection System Diversion Point 4 will be a headgate constructed on Beaver Creek and located in the Northwest Quarter of Section 25, Township 1 South, Range 73 West of the 6th P.M. more particularly described as a point from which the Northeast Corner of Section 26 bears north 69° 44' 20" west a distance of 1,853 feet. Source: (tributary and river): An unnamed northern branch of Beaver Creek and Beaver Creek, tributary to South Boulder Creek. Date of initiation of appropriation: July 8, 2000. How appropriation was initiated: Official action was taken by the board of directors of applicant on behalf of applicant expressing the intent to appropriate. Remote and on-site engineering studies were performed. Date water applied to beneficial use: Not applicable. Amount claimed: Eight (8) cubic feet per second, conditional. Use or proposed use: The water will be used directly or following storage for subsequent use. The beneficial uses will be the irrigation of agricultural lands and livestock watering, and to fill and refill the reservoirs mentioned in paragraph 8 below. The uses for water diverted at the Hal Sayre Collection System Diversion Point 4 shall also include fish culture and fish rearing. Number of acres historically irrigated: 95; proposed to be irrigated, the same 95 acres. Legal description of acreage: situate at various locations within Section 25, Township 1 South, Range 73 West of the 6th P.M. See attached map. If non-irrigation, describe purposes fully. Livestock on applicant’s property will drink from the reservoirs or from the ditches. Water diverted at the Hal Sayre Collection System Diversion Point 4 will also be used for fish rearing and propagation. Legal description of reservoirs: The Los Lagos Reservoirs Nos. 1, 2 and 3 were decreed in Case No. 4842, District Court in and for the County of Boulder, on January 31, 1907. These reservoirs are a part of one system and are located in the south half of the north half and the north half of the south half of Section 25, Township 1 South, Range 73 West of the 6th P.M., Boulder and Gilpin Counties. Glen Lake Reservoir was decreed in Case No. 6672, District Court, County of Boulder, on June 21, 1926, and is located in the Northwest Quarter of Section 25, Township 1 South, Range 73 West, Boulder County,


A:\NOV.DOC

53

Colorado, more particularly described as follows: The initial station of the upper contour line thereof bears north 45° 15' west 928.0 feet from Monument 8 on the boundary line between Boulder County and Gilpin County, Colorado. From said initial point said upper contour line bears north 58° 12' east 151.7 feet; thence north 27° 30' east 214.0 feet; thence north 6° 55' west 218 feet; thence north 67° 20' west 180.0 feet; thence north 83° 50' west 290.5 feet; thence south 43° 28' west 148.0 feet; thence south 30° 34' east 225.0 feet; thence south 15° 21' west 105.0 feet; thence south 39° 09' east 95.5 feet; thence south 53° 03' east 132.0 feet; thence south 72° 41' east 110.3 feet to the place of beginning. Opalair Reservoir was decreed in the same Case No. 6672, District Court, County of Boulder, on June 21, 1926, and is located in the Northwest Quarter of Section 25, Township 1 South, Range 73 West, Boulder County, Colorado, and more particularly described as follows: The initial station of the upper contour line thereof bears north 32° 24' east 575 feet from Monument 8 on the boundary line between Boulder County and Gilpin County, Colorado. From said initial point said upper contour line bears north 71° 18' east 284 feet; thence north 27° 37' west 171 feet; thence north 41° 19' east 108.8 feet; thence north 21° 31' west 96 feet; thence north 80° 48' west 111 feet; thence north 42° 01' west 161 feet; thence south 61° 09' west 157.3 feet; thence south 89° 09' west 108.7 feet; thence south 46° 11' west 85 feet; thence south 6° 31' west 131 feet; thence south 51° 08' east 100 feet; thence south 41° 25' east 309 feet to the place of beginning. The ditches used to fill the reservoirs are the Los Lagos Lateral Ditch, the Supplementary Los Lagos Ditch and Beaver Creek Ditch. The points of diversion of said ditches are described in paragraph 3 above. The capacity of the Los Lagos Lateral Ditch is 12.6 c.f.s., and that of the Supplementary Los Lagos Ditch is 8.0 c.f.s. The capacity of the Beaver Creek Ditch will be 8.0 c.f.s. Amount of storage claimed, being the capacity of the reservoirs: 407.5 acre feet aggregate amount for Los Lagos Reservoirs Nos. 1, 2, and 3. 30.1 acre feet for Opalair Reservoir. 43.2 acre feet for Glen Lake Reservoir. The entire capacity of the reservoirs is active, since applicant has the capability of pumping out all of the water for out-of-reservoir uses. Applicant seeks the right to refill the reservoirs if refill can be done under the priority established by the decree that is sought by this application. All claimed amounts and rights are conditional. Surface area of high water line of reservoirs: Los Lagos Reservoir No. 1, 14.22 acres; Los Logos Reservoir No. 2, 11.29 acres; Los Lagos Reservoir No. 3, 9.2 acres; Glen Lake Reservoir, 5.5 acres; and Opalair Reservoir, 4.7 acres. Maximum height of dams, and length of dams, (approximate) in feet: Los Lagos Reservoir No. 1, 5 feet, 335 feet; Los Lagos Reservoir No. 2, 5 feet, 260 feet; Los Lagos Reservoir No. 3, 5 feet, 360 feet; Opalair Reservoir, 7.3 feet, 230 feet; Glen Lake Reservoir, 5.4 feet, 150 feet. Names and addresses of owners of land on which points of diversion and place of use(s) is (are) located: The United States Forest Service, U.S. Department of Agriculture, 240 West Prospect Road, Fort Collins CO 80526-2098, and, as to the parcels of land shown on the map referenced at paragraph 7A, as follows: Parcel 1: Al and Dee Hoyl, Greg and Vera Hoyl, Geoff and Christy Hoyl,, all at P.O. Box 88, Rollinsville, CO 80474; Demaris and Stephen Methner, 1735 E. Kensington Avenue, Salt Lake City, UT 84108. Parcel 2: Robert and Connie Collier, 1230 Northwind Circle, Charlie and Donna Collier, 1648 Sapphire Trail, all in Bellingham, WA 98226; Matt and Kathy Collier, 3360 Lohnson Lane, Erie, CO 80516; Hal and Michelle Collier, 6606 Knight Avenue, Delta, BC V4E 1S5, Canada; Dan and Marsha Collier, 1438 Ben Nevis Avenue, Broomfield, CO 80020; Catherine and Les Collier/Kisska, 1004 West 58th Lane, Ferndale, WA 98248. Parcel 3: Phyllis Baldwin, 14290 West 54th Avenue, Arvada, CO 80002. Parcel 4: Bonney and Bill Moody, P.O. Box 7308, Breckenridge, CO 80424; Robert H. and Bonney Sayre, 726 26 Road, Grand Junction, CO 81506; Rob M. and Sue Sayre, 2885 Maya Place, Boulder, CO 80301. Parcel 5: Connie and Fred Brandau, 2608 19th Way N.W., Olympia, WA 98502. Parcel 6: James and Emelyn Sayre, P.O. Box 102; Ethel Sayre, P.O. Box 1849, all in Nederland, CO 80466. Applicant requests that the Court award an ABSOLUTE water right as to all or any portion of the above claims for conditional water rights which may be duly diverted, stored, and placed to beneficial use prior to the date of the decree to be entered herein. 2001CW054 WAVERTON SERVICES CORP., c/o Holder & Ciliberto, 518 Seventeenth Street, Suite 1500, Denver, CO 80202. Amended Application for Plan for Augmentation, IN DOUGLAS COUNTY. Comes now Applicant, by and through its undersigned attorneys, Holder & Ciliberto, P.C., and hereby amends the application filed with this Court on April 26, 2001 as follows: The subject of the original application is the augmentation of not nontributary Lower Dawson and Denver aquifer groundwater as


A:\NOV.DOC

54

previously decreed in case No. 99CW147, District Court, Water Division 1underlying approximately 565 acres of land generally located in parts of Sections 20, 29 and 30, T7S, R67W, of the 6th P.M. By this amended application, Applicant will withdraw of the Denver aquifer groundwater decreed in case No. 99CW147, being 410.9 acre-feet per year. Based on modeling prepared by the Applicant’s groundwater consultants, the Denver aquifer groundwater is nontributary as described in Section 7-90-103(10.5), cr.r.s. Therefore, applicant believes the Denver aquifer waster should be designated nontributary. If the Denver aquifer water is determined to be not nontributary. Applicants will replace an amount equal to four percent (4%) of the amount withdrawn during pumping by return flows from irrigation and septic/leach fields; however Applicant will request a finding that post-pimping requirements do not apply to the Denver aquifer groundwater. All other matters remain the same as shown in the April 2001, resume for Water Division 1. WHEREFORE, Applicant prays that this court enter a decree for the relief requested in this amended application and for such further relief as the court deems proper in the premises. 2001CW049 ARTURO L. AND MARGARET F. AREVALOS, 1707 W. County Road 70, Ft. Collins, CO 80524. Amendment to Application for Water Storage Right, IN LARIMER COUNTY. Arevalos stock pond is located in S31, T12N, R70W, 6th P.M., at a point approximately 500’ S and 100’E of the center of S3. Source: Natural Spring Appropriation: 12/29/1999 Amount claimed: 1 a/f (CONDITIONAL). If non-irrigation, describe purpose fully: Livestock watering (2 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of January, 2002 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit 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, CO 80632. RULINGS ENTERED BY REFEREE LIESMAN ON 11-06-2001 01CW018 GROUND WATER

MANAGEMENT SUBDISTRICT OF THE CCWCD

WELD PAGES 04

01CW024 STEVEN MUSGRAVE MORGAN PAGES 04 RULINGS ENTERED BY REFEREE LIESMAN ON 11-06-2001 96CW393 KURT & TRACIE

DEVOE PARK PAGES 03

96CW467 CARLOINE STEWART PARK PAGES 03 96CW469 JERRY BARBER PARK PAGES 03 96CW479 NEAL & JUDITH

ANDERSON PARK PAGES 03

96CW480 SCOTT THROWER PARK PAGES 03 96CW481 CORNELIUS

BERTHOLD PARK PAGES 03

96CW482 WILLAIM SHEARER PARK PAGES 03 96CW484 R.JAMES & PATRICIA

SHOUP PARK PAGES 03

96CW485 OVERHOLT FAMILY TRUST

PARK PAGES 03

96CW487 WM ARLEIGH & LENNETTE BENNETT

PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 11-07-2001 96CW882 ANITA SCHNEIDER-

JAHN PARK PAGES 03

96CW909 KURT & BERNADETTE PARK PAGES 03


A:\NOV.DOC

55

LEYENDECKER 96CW912 DAVID & CHRISTINE

HEISER PARK PAGES 03

96CW913 HERMAN & MARGARET HEARD

PARK PAGES 03

96CW914 C.D. ENTERPRISE PARK PAGES 03 96CW919 ROBERT KUMLEY&

SUSAN ROSS-KUMLEY PARK PAGES 03

96CW923 JAMES & MARION ROPER

PARK PAGES 03

96CW929 KENNETH FRIEDNASH PARK PAGES 03 96CW951 TOMMIE JR. &

BRANDYN LEWIS JR PARK PAGES 03

96CW957 FRANK & NANCY MARTIN

PARK PAGES 03

Q RULINGS ENTERED BY REFEREE LIESMAN ON 11-08-2001 96CW120 THOMAS

PATRICKSVOBODA LOGAN PAGES 18

96CW624 NATIONAL HOG FARMS, INC

WELD PAGES 25

96CW963 DAVID HENNING PARK PAGES 03 96CW969 DONALD & SONIA

CARLSON PARK PAGES 03

96CW983 ANDY JOHNSON PARK PAGES 03 98CW009 HURST

CONSTRUCTION CO LOGAN PAGES 18

98CW353 MARK AND CAROL WHITNEY

JEFFERSON PAGES 02

98CW387 TOM DUDZINSKI PARK PAGES 03 98CW386 FARMERS RESERVOIR

AND IRRIGATION CO ADAMS & JEFFERSON PAGES 09

RULINGS ENTERED BY REFEREE LIESMAN ON 11-08-2001 96CW942(A) MARY L. ADAMS PARK PAGES 03 96CW942(B) RONALD H. AND

ELEANOR F. MERCIER PARK PAGES 03

96CW988 GREGORY L. LUCAS PARK PAGES 03 96CW991 RANDOLPH W. AND

COLLEEN HEALEY SIGLEY

PARK PAGES 03

96CW998 JOHN V. BEATTIE PARK PAGES 03

96CW1012 JONATHAN JACKSON PARK PAGES 03 96CW1074 JAMES R. COLLOPY PARK PAGES 03 96CW1078 DAVID A. LAMBROS PARK PAGES 03 98CW356 LAWRENCE AND

CAROL JONES JEFFERSON PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 11-13-2001 96CW945 RUSSELL &

KATHLEEN FERRELL PARK PAGES 03

96CW970 EDWIN & CAROL SAMBERG

PARK PAGES 03

96CW980 VIRGIL HENDERSON PARK PAGES 03 96CW1102 WAYNE HAMMACK PARK PAGES 03


A:\NOV.DOC

56

96CW1015 JON & SHARON LARSON

PARK PAGES 03

96CW1079 JEFF HUCK PARK PAGES 03 RULINGS ENTERED BY REFEREE LIESMAN ON 11-13-2001 96CW1080 ROBERT SR., SOPHIE,

CORIENA & ROBERT JR. DINGMAN ET AL

PARK PAGES 03

96CW1086 LORETTA CRAWFORD PARK PAGES 03 96CW1099 ROBERT & IRENE

ARFSTEN PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 11-13-2001 98CW307 GARY GREIS CLEAR CREEK PAGES 02 98CW348 JOHN & ZAIRAH

ANTWEILER JEFFERSON PAGES 03

98CW350 WESLEY DU CHARME JEFFERSON PAGES 02 98CW354 MICHAEL & NANCY

FITZGERALD JEFFERSON PAGES 02

98CW358 TERRY & MARCIA PHILLIPS

JEFFERSON PAGES 03

98CW359 MARY ANN LARK, TRUSTEE

JEFFERSON PAGES 02

98CW365 STEVE CLARK & JIHN MONTOYA

PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 11-14-2001 00CW054 MARTIN REDEKER DOUGLAS PAGES 06 00CW100 FRANK REYNOLDS WELD PAGES 03 01CW002 WILLIAM & CYNTHIA

BENSON GEE JEFFERSON PAGES 03

01CW003 SHARON MEYER DOUGLAS PAGES 03 01CW007 RODNEY VAUGHN LARIMER PAGES 02 01CW014 THOMAS & JAMIE

PRESGROVE WELD PAGES 02

01CW015 EDWARD LANTZ YAGI-STEINER TRUST

BOULDER PAGES 02

01CW017 DIANE SPINDLER & KATHLEEN RIPP

JEFFERSON PAGES 02

RULINGS ENTERED BY REFEREE LIESMAN ON 11-14-2001 01CW033 PRAIRE LAND

COMPANY ELBERT PAGES 07

01CW045 ARCHIE SINGLETON & JEANETTE BICKEL

ARAPAHOE PAGES 03

01CW047 JAMES BRINKS LARIMER PAGES 03 01CW051 STANLEY & EVELYN

LANCASTER ET AL DOUGLAS PAGES 09


A:\NOV.DOC

57

RULINGS ENTERED BY REFEREE LIESMAN ON 11-14-2001 01CW068 PIERRE LAGASSE' DOUGLAS PAGES 03 01CW072 HOME DEPOT U.S.A. DOUGLAS PAGES 18 01CW081 LUNDIECK

INVESTMENT, INC, FGW INVESTMENTS, LTD AND JOHN AND BONITA CLARKE

DOUGLAS PAGES 11

01CW085 ANTHONY SMITH AND ERICA VENETTE-SMITH

ELBERT PAGES 08

DECREE ENTERED BY JUDGE HAYS ON 11-05-01 99CW127 LINCOLN PARK

METRO ET AL DOUGLAS PAGES 23

DECREE ENTERED BY JUDGE HAYS ON 11-09-01 96CW408 RUTH ELAINE

CRAMER TRUSTEE PARK PAGES 03

CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-09-01 96CW382 STEVEN & MARTHA

SHOUP PARK PAGES 03

96CW383 LANCE & KAREN ROSSETTO

PARK PAGES 03

96CW384 PHIL & JACQUI COLBY PARK PAGES 03 96CW385 JOSEPH & DONNA

ARMBUSTER PARK PAGES 03

96CW388 RALPH & CORRINE STEWART

PARK PAGES 03

96CW403 WESLEY & CLARA WRIGHT

PARK PAGES 03

96CW404 SHIRLEY ALVAREZ PARK PAGES 03 96CW405 GARY ANDERSON PARK PAGES 03 96CW406 JERMAN FAMILY

TRUST C/O ET AL PARK PAGES 03

DECREE ENTERED BY JUDGE HAYS ON 11-13-01 96CW428 JAMES ELLIOT &

TAMMY WIKE PARK PAGES 03

CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-13-01 96CW397 JAMES & LINDA

RYBAK PARK PAGES 03

96CW414 JOHN GAY PARK PAGES 03 96CW418 ANTHONY & LESLIE

DELONGPRE PARK PAGES 03

96CW419 DAVID LIDKE PARK PAGES 03 96CW420 OREN SMITH PARK PAGES 03 96CW421 WALTER & KARLA

GRAESE PARK PAGES 03

96CW426 KATHERINE WALKER PARK PAGES 03 96CW430 RUSSELL CLARK PARK PAGES 03


A:\NOV.DOC

58

DECREES ENTERED BY JUDGE HAYS ON 11-15-01 96CW389 CHAD MEFFERD PARK PAGES 03 96CW400 DAVID ROSEMARIE

WIPFELDER KUMPE PARK PAGES 03

96CW439 MARVILYN FRENCH PARK PAGES 03 CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-15-01 96CW398 MICHAEL SMITH PARK PAGES O3 96CW399 T.L. JIVIDEN PARK PAGES 03 96CW435 DANIEL HELEEN PARK PAGES 03 96CW442 PAUL & CINDY

GERNAT PARK PAGES 03

DECREES ENTERED BY JUDGE HAYS ON 11-16-01 96CW394 DAVID & BARBARA

POTTER PARK PAGES 03

96CW461 DAVID RUSCH & PAMELA KELLEY

PARK PAGES 03

00CW067 TOWN OF FOXFIELD ARAPAHOE PAGES 23 01CW067 HANSPETER &

KATHRYN SPUHLER DOUGLAS PAGES 10

96CW452 SIMON RODRIGUEZ PARK PAGES 03 96CW470 DANIEL & PHYLISS

GREEN PARK PAGES 03

96CW472 TERRY SCHLENKER PARK PAGES 03 96CW475 JAMES ALEXANDER PARK PAGES 03 96CW476 MARION

BRUEGGEMANN PARK PAGES 03

96CW478 ROBERT & MARILYN SCOTT

PARK PAGES 03

00CW164 PLUMB CONSTRUCTION

PARK PAGES 03

CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-16-01 96CW473 ROY LADD TRUST PARK PAGES 03 96CW465 JEFFREY JOHNSON PARK PAGES 03 93CW182 SEDALIA W & S DIST DOUGLAS PAGES 27 96CW391 BRADFORD SHAW PARK PAGES 03 96CW446 RICHARD &

ELIZABETH SATO PARK PAGES 03

96CW447 HARRIS & DELORES CATHERMAN

PARK PAGES 03

96CW448 ROYCE & SHIRLEY JONES

PARK PAGES 03

96CW450 MICHAEL & DIANA RUARK

PARK PAGES 03

96CW451 JOHN & SUSAN MAUS PARK PAGES 03 96CW454 OPEHLIA ECHEVERRA PARK PAGES 03


A:\NOV.DOC

59

CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-16-01 96CW458 FRED & MICHELE

BURGESS PARK PAGES 03

96CW459 MARY PRESTON PARK PAGES 03 CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-28-2001 01CW018 GROUND WATER

MANAGEMENT SUBDISTRICT OF THE CCWCD

WELD PAGES 04

96CW469 JERRY BARBER PARK PAGES 03 96CW480 SCOTT THROWER PARK PAGES 03 96CW481 CORNELIUS

BERTHOLD PARK PAGES03

96CW482 WILLIAM SHEARER PARK PAGES 03 96CW484 R.JAMES & PATRICIA

SHOUP PARK PAGES 03

DECREES ENTERED BY JUDGE HAYS ON 11-28-2001 01CW024 STEVEN MUSGRAVE MORGAN PAGES 04 96CW393 KURT & TRACIE

DEVOE PARK PAGES 03

96CW479 NEAL & JUDITH ANDERSON

PARK PAGES 03

96CW485 OVERHOLT FAMILY TRUST

PARK PAGES 03

96CW487 WM ARLEIGH & LENETTE BENNETT

PARK PAGES 03

CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-30-2001 96CW882 ANITA SCHNEIDER-

JAHN PARK PAGES 03

96CW909 KURT & BERNADETTE

LEYENDECKER PARK PAGES 03

96CW912 DAVID & CHRISTINE HEISER

PARK PAGES 03

96CW913 HERMAN & MARGARET HEARD

PARK PAGES 03

96CW914 C.D.ENTERPRISE PARK PAGES 03 96CW919 ROBERT KUMLEY &

SUSAN ROSS-KUMLEY PARK PAGES 03

96CW923 KAMES & MARION ROPER

PARK PAGES 03

96CW951 TOMMIE JR. & BRANDYN LEWIS JR

PARK PAGES 03

96CW957 FRANK & NANCY MARTIN

PARK PAGES 03

CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-30-2001 96CW942(A) MARY ADAMS PARK PAGES 03 96CW942(B) RONALD & ELEANOR

MERCIER PARK PAGES 03


A:\NOV.DOC

60

96CW988 GREGORY LUCAS PARK PAGES 03 96CW991 RANDOLPH &

COLLEEN HEALEY SIGLEY

PARK PAGES 03

96CW998 JOHN BEATTIE PARK PAGES 03 96CW1012 JONATHAN PARK PAGES 03 96CW1074 JAMES COLLOPY PARK PAGES 03 96CW1078 DAVID LAMBROS PARK PAGES 03 CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 11-30-2001 96CW963 DAVID HENNING PARK PAGES 03 96CW969 DONALD & SONIA

CARLSON PARK PAGES 03

96CW983 ANDY JOHNSON PARK PAGES 03 98CW387 TOM DUDZINSKI ADAMS & JEFFERSON PAGES 09 DECREES ENTERED BY JUDGE HAYS ON 11-30-2001 96CW929 KENNETH FRIEDNASH PARK PAGES 03 96CW624 NATIONAL HOG

FARMS WELD PAGES 25

98CW009 HURST CONSTRUCTION

LOGAN PAGES 18

98CW353 MARK & CAROL WHITNEY

JEFFERSON PAGES 02

98CW386 FARMERS RESERVOIR AND IRRIGATION CO

ADAMS & JEFFERSON PAGES 09

to all persons interested in water … · 2001cw200 steve andreas, 1221 left hand canyon drive,...

Documents