Post on 02-Feb-2020
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DISTRICT COURT, WATER DIVISION 1, COLORADO
SEPTEMBER 2019 WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right
applications and certain amendments filed in the Office of the Water Clerk during the month of
SEPTEMBER 2019 for each County affected.
19CW27 DAVID AND JANICE HERBEL, 36150 Winchester Rd., Elizabeth, CO 80107. 303-898-
7904 or 720-372-6390. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE
DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit
168663, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a
2.13 acre tract of land lying in the SW1/4, NW1/4, S36, T7S, R65W of the 6th PM, including the Dawson,
Denver, Arapahoe and Laramie Fox Hills aquifers.
19CW28 STAN AND BETSY CRALEY, 11506 E. Daley Cr B, Parker, CO 80134. 720-851-7618 or
303-913-1572. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER
BASIN AQUIFERS IN DOUGLAS COUNTY. Applicants seek to adjudicate the well, permit 94307, and
to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a tract of land
lying in the SE1/4, S21, T7S, R65W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie
Fox Hills aquifers.
19CW29 ELIZABETH AND FREDERICK WHEELER, 6786 S.E. Cherry Creek Rd., Franktown,
CO 80116. 303-907-4194. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE
DENVER BASIN AQUIFERS IN DOUGLAS COUNTY. Applicants seek to adjudicate the well, permit
55989, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a
120 acre tract of land lying in the SW1/4, SE1/4, S17, T9S, R65W of the 6th PM, including the Dawson,
Denver, Arapahoe and Laramie Fox Hills aquifers.
**Water Division One will publish**
19CW3175 (Water Division 2 case no. 19CW3057) Teresa Kolb,15980 Park Ave., Colorado Springs,
CO 80921. Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for
Augmentation of Teresa Kolb, in EL PASO COUNTY. I. Name and Address of Applicant: Teresa
Kolb,15980 Park Ave., Colorado Springs, CO 80921. Name and Address of Attorneys: Steve T. Monson,
#11329, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET, LLC, 13511 Northgate Estates
Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212, E-mail: stm@cowaterlaw.com;
ebp@cowaterlaw.com. II. Summary of Application Applicant seeks to re-permit an existing exempt
domestic in-house well to a non-exempt augmented well, constructed to the not-nontributary Dawson
aquifer to provide water service to Applicant’s residential property consisting of 3.78 acres. Applicant
therefore seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and to
obtain approval of a plan for augmentation to replace groundwater depletions from the uses set forth herein.
III. Application for Underground Water Rights. A. Legal Description of Wells. 1. Property Description.
The well will be located on Applicant’s approximately 3.78 acre residential property (“Applicant’s
Property”) located in El Paso County, Colorado. Applicant’s Property is El Paso County Assessor’s Parcel
No. 6128403018, and is depicted on the attached Exhibit A map, and more particularly described as
follows: Lots 22, 23, and 26 in Block 1 of Black Forest Park subdivision as amended by Res at Book 3238
Page 810. Also known as 15980 Park Ave, Colorado Springs, CO 80921. 2. Existing Well. There is an
existing exempt domestic in-house use well on the Property, being Permit No. 186509 (“Kolb Well”),
attached as Exhibit B. The Kolb Well is located on the Applicant’s property as described in Paragraph
III.A.1 and is 2400 feet South and 1200 feet East from the Section Line and is constructed to the not-
nontributary Dawson aquifer to a total depth of 300 feet, tested on June 21, 1995 and completed June 27,
1995 for 10 gallons per minute. The UTM coordinates are: Northing 4323788.6 Easting 5190505.7, Zone
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13, spotted from section lines, based on the Division of Water Resources CDSS tools. Applicant proposes
that the Kolb Well be re-permitted for non-exempt uses upon entry of a decree approving the plan for
augmentation requested herein. B. Water Source.1. Not-Nontributary. The groundwater to be withdrawn
from the Dawson, Denver, and Arapahoe aquifers underlying the Applicant’s Property is not-nontributary.
Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will
require the replacement of actual stream depletions. 2. Nontributary. The groundwater that will be
withdrawn from the Laramie-Fox Hills aquifer underlying the Applicant’s Property is nontributary. C.
Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal. Pumping
from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to
aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground
water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to
be constructed within the respective aquifers will be determined by topography and actual aquifer
conditions. 2. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested
right for the withdrawal of all legally available groundwater in the Denver Basin aquifers underlying the
Applicant’s Property. Said amounts may be withdrawn over the 100-year life requirement pursuant to
C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual amounts are
representative of the Denver Basin aquifers underlying Applicant’s Property:
AQUIFER
NET
SAND
(Feet)
Avg.
Specific
Yield
Total
Appropriation
(Acre Feet)
Annual Avg.
Withdrawal
100 Years
(Acre Feet)
Dawson
(NNT) 354.70 20% 268.15 2.68
Denver
(NNT) 542.00 17% 348.29 3.48
Arapahoe
(NNT) 231.40 17% 148.70 1.49
Laramie Fox
Hills (NT) 191.20 15% 108.41 1.08
Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant
to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally
determine the amount of water available for appropriation and withdrawal from each aquifer. D. Requested
Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s
Property consisting of domestic, irrigation of lawn, landscaping, greenhouse, and garden, stock water,
watering of poultry, and also for storage and augmentation purposes associated with such uses. The
Applicant also requests that the nontributary water may be used, reused, and successively used to extinction,
both on and off the Applicant’s Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b),
that no more than 98% of the amount withdrawn annually shall be consumed. Applicant may use such
water by immediate application or by storage and subsequent application to the beneficial uses and purposes
stated herein. Provided, however, Applicant shall only be entitled to construct wells or use water from the
not-nontributary Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering
the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with
C.R.S. §37-90-137(9)(c.5). Use of water from the not-nontributary Denver and Arapahoe aquifers will also
require a plan for augmentation to be approved by this Court. E. Well Fields. Applicant requests that she
be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant’s
Property through any combination of wells. Applicant requests that these wells be treated as a well field.
F. Averaging of Withdrawals. Applicant requests that she be entitled to withdraw an amount of ground
water in excess of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so
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long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of
the number of years since the date of entry of a decree herein, multiplied by the average annual volume of
water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property.
G. Owner of Land Upon Which Wells are to Be Located. The land and underlying groundwater upon which
the wells are and will be located is owned by the Applicant. IV. APPLICATION FOR PLAN FOR
AUGMENTATION. A. Structures to be Augmented. The structure to be augmented is the Kolb Well,
along with any replacement or additional wells associated therewith, as likewise may be constructed to the
Dawson aquifer of the Denver Basin underlying the Applicant’s Property as requested and described herein.
B. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during
pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from the
Kolb Well, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious
post pumping depletions. C. Statement of Plan for Augmentation. Applicant wishes to provide for the
augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer Kolb Well.
1. Uses. Potential water use criteria and their consumptive use component for replacement of actual
depletions for the Applicant’s Property are estimated as follows: i. Household Use Only: The amount of
0.27 acre feet annually will be used within a single family dwelling, with a maximum of ten percent
consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive
use will therefore be 0.027 acre feet, with return flows of 0.243 acre feet. ii. Landscape, Garden, and
Greenhouse Irrigation: The diversion of 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per
acre) per year, with an 85 percent assumed consumptive use rate. The annual consumptive use for each
1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. iii. Horses, stock, and poultry
(or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent
consumptive use component for horses, chickens, and equivalent livestock. 2. The well will pump a
maximum of 0.50 acre feet of water from the Dawson aquifer per year. Such use shall be a combination of
household use, irrigation of lawn, green house, and garden, and the watering of horses or equivalent
livestock and poultry. An example breakdown of this combination of use, utilizing the factors described
above, is household use of 0.27 acre feet of water per year per residence with the additional 0.37 acre feet
per year available for irrigation of approximately 3500 square feet of lawn, garden, and greenhouse and
the watering of up to five horses or equivalent livestock and the watering of up to 20 chickens or equivalent
livestock on the residential lot. 3. Depletions. Applicant’s consultant has determined that maximum stream
depletions over the 100 year pumping period for the Dawson aquifer amounts to approximately 5.89% of
pumping. Maximum annual depletions for total residential pumping from all wells are therefore 0.029 acre
feet in year 100, being 5.89 percent times the 0.5 annual diversions. Should Applicant’s pumping be less
than the 0.50 acre feet per year described herein, resulting depletions and required replacements will be
correspondingly reduced. 4. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-
137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the
residential well. Applicant’s consultant has determined that depletions during pumping will be effectively
replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for
non-evaporative septic systems is 10 percent per year for the residence. At a household use rate of 0.27
acre feet per residence per year, 0.243 acre feet is replaced to the stream system per year, utilizing non-
evaporative septic systems. Applicant does not at this time claim return flows from irrigation uses, as a
source of augmentation supply, but retains the right to amend this plan in the future to make such claims.
Thus, during pumping, annual stream depletions will be more than adequately augmented by the residential
return flows of 0.243 acre feet. 5. Augmentation for Post Pumping Depletions. For the replacement of any
injurious post-pumping depletions which may be associated with the use of the Kolb Well, Applicant will
reserve up to the total amount of plan pumping in the nontributary Laramie Fox Hills aquifer, less the
amount of actual stream depletions replaced during the plan pumping period. Applicant also reserves the
right to substitute other legally available augmentation sources for such post pumping depletions upon
further approval of the Court under its retained jurisdiction. Even though this reservation is made, under
the Court’s retained jurisdiction, Applicant reserves the right in the future to prove that post pumping
depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to
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replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be
entitled to apply for and receive a new well permit for the Kolb Well for the uses in accordance with this
Application and otherwise in compliance with C.R.S. §37-90-137. V. Remarks. A. This Application was
filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may
occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue
to tributaries of the South Platte River system where the majority of such depletions will occur, and it is the
Applicant’s intent to consolidate the Division 2 application in Water Division 1 upon completion of
publication and the period for filing statements of opposition. Applicant requests that the total amount of
depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte
River as set forth herein, and for a finding that those replacements are sufficient. B. Applicant requests a
finding that she has complied with C.R.S. §37-90-137(4), and that the ground water requested herein is
legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree
approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). C. Subject to the following section,
the term of this augmentation plan is for 100 years, however the length of the plan for the well may be
extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post
pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual
pumping. D. Applicant may extend the plan for augmentation for beyond 100 years provided that adequate
return flows are available to meet depletions during pumping and adequate nontributary water in the
Arapahoe and Laramie Fox Hill aquifers are available and committed to the post pumping replacement of
depletions. E. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual
amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics
from adequate information obtained from well drilling or test holes. F. The Applicant requests a finding
that vested water rights of others will not be materially injured by the withdrawals of ground water and the
proposed plan for augmentation. G. The Kolb Well shall be installed and metered as reasonably required
by the State Engineer. The Kolb Well will be equipped with a totalizing flow meter and Applicant shall
submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the
Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water
Commissioner as required by them to demonstrate compliance under this plan of augmentation. H. The
Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the
Applicant’s Property. I. All record owners of the Subject Property not listed as Applicants herein, and every
person who has a lien or mortgage on, or deed of trust to the Applicant’s Property will be notified of the
filing of this Application by certified or registered mail, return receipt requested, no later than 14 days after
the filing of this Application. The Applicant will complete and file with the Court a Certificate of Notice as
evidence that the required notices were given, in accordance with the notice provisions set forth in C.R.S.
§37-92-302(2)(b) and §37-90-137(4)(b.5)(I).
19CW3176 Blue Wing Farms, LLC, And Wiggins Farms, LLC, 1660 17th St. Suite 300, Denver, CO
80202; Telephone: 303-606-7842. Please send all future correspondence and pleadings to: David P. Jones,
Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534, Phone:
(970) 622-8181. APPLICATION FOR CORRECTION TO ESTABLISHED BUT ERRONEOUSLY
DESCRIBED POINTS OF DIVERSION FOR WELLS, MORGAN COUNTY. 1. Name, address and
telephone number of Co-Applicants: Blue Wing Farms, LLC, and Wiggins Farms, LLC, 1660 17th St.
Suite 300, Denver, CO 80202; Telephone: 303-606-7842. 2. Decreed water rights for which corrections
are sought: 2.1 Name of structure: Blue Wing Well No. 4 (WDID 108860), Permit No. 8894-FR, decreed
in Case No. W-4621, Water Division No. 1, dated March 20, 1980. A change of location of the well was
decreed in Case No. 96CW258, Water Division No. 1, dated June 12, 1998. 2.1.1 Legal description of
decreed well location: NE1/4 SE1/4 Section 15, Township 4 North, Range 59 West, at a point 2595 feet
from the South section line and 109 feet from the East section line of said Section 15, 6th P.M., Morgan
County, Colorado. 2.1.2. Source: Groundwater. 2.1.3 Decreed flow rate: 2.22 cfs, absolute. 2.1.4 Date
of appropriation: April 20, 1958. 2.1.5 Use: Irrigation of 130 acres in the SE1/4, Section 15, Township 4
North, Range 59 West. 2.2 Name of structure: Blue Wing Well No. 8 (WDID 107660), Permit No. 13056-
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FR, decreed in CA16704, Water Division No. 1, dated January 4, 1971. 2.2.1 Legal description of decreed
well location: NE1/4 Section 22, Township 4 North, Range 59 West, at a point 1320 feet South of the
North line and 2050 feet East of the east [sic, apparently should have read “center”] line of said Section 22,
6th P.M., Morgan County, Colorado. 2.2.2 Decreed flow rate: 900 gpm, absolute. 2.2.3 Date of
appropriation: August, 1956. 2.2.4 Use: Irrigation of 160 acres in the NE1/4 of Section 22, Township 4
North, Range 59 West. 2.3 Name of structure: Wiggins Farms Well No. 38 (WDID 107016), Permit No.
5015-F, decreed in Case No. W-2225, Water Division No. 1, dated July 25, 1973. 2.3.1 Legal description
of decreed well location: SE1/4 NW1/4 Section 23, Township 4 North, Range 59 West, at a point 1327
feet South and 1333 feet East of the NW Corner of said Section 23, 6th P.M., Morgan County, Colorado.
2.3.2 Source: Groundwater. 2.3.3 Decreed flow rate: 2.90 cfs, absolute. 2.3.4 Date of appropriation:
January 14, 1964. 2.3.5 Use: Domestic and Irrigation of 160 acres in the NW1/4 of Section 23, Township
4 North, Range 59 West. 3. Detailed description of proposed correction to an established but erroneously
described point of diversion: 3.1 Complete statement of correction to an established but erroneously
described point of diversion, including whether it is erroneously described. See §§ 37-92-305(3.6)(a) &
(b), C.R.S. The three wells in this application: 1) were relocated according to valid well permits; 2) are not
located in the locations specified in the applicable decrees for the water rights; and 3) the diverter (in this
case, previous owners) has diverted water with the intent to divert pursuant to the decree or decrees
confirming the water rights. Each of the wells is located more than 200 feet from the respective decreed
location. 3.2 The legal descriptions of the corrected points of diversion: The Office of the State Engineer
(“SEO”) well permit files for each well identify the permitted locations, which are stated below. Exhibit
A hereto is a map showing the decreed locations and permitted (correct) locations of the wells. Exhibit B
hereto contains excerpts from the SEO well permit files for the three wells which are evidence of the
permitted locations. Co-Applicants claim that the corrected points of diversion are at these locations. 3.2.1
Blue Wing Well No. 4 8894-FR: NE1/4 SE1/4 Section 15, Township 4 North, Range 59 West 2342 feet
from the South section line and 301 feet from the East section line of said Section 15, 6th P.M., Morgan
County, Colorado. 3.2.2 Blue Wing Well No. 8 13056-F: SW1/4 NE1/4 Section 22, Township 4 North,
Range 59 West 1336 feet from the North section line and 1345 feet from the East section line of said Section
22, 6th P.M., Morgan County, Colorado. 3.2.3 Wiggins Farms Well No. 38 5015-F: SE1/4 NW1/4 Section
23, Township 4 North, Range 59 West 1290 feet from the North section line and 1570 feet from the West
section line of said Section 23, 6th P.M., Morgan County, Colorado. 4. Names and addresses of owners or
reputed owners of the land upon which any new diversion or storage structure, or modification to any
existing diversion or storage structure is or will be constructed: The Co-Applicants own the lands upon
which the wells are located. 5 pages, 2 exhibits.
19CW3177 John and Colleen Violette, 945 W. 97th Avenue Northglenn, CO 80260,
(“Applicant”).Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for
Augmentation of John and Colleen Violettte, in ELBERT COUNTY. I. Name and Address of Applicant:
John and Colleen Violette, 945 W. 97th Avenue Northglenn, CO 80260, (“Applicant”). Name and Address
of Attorneys: Ryan W. Farr, #39394, Emilie B. Polley, #51296, MONSON, CUMMINS &
SHOHET,LLC,13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-
1212 E-mail: rwf@cowaterlaw.com; ebp@cowaterlaw.com. II. Summary of Application. Applicant seeks
to construct a non-exempt well to the not-nontributary Upper Dawson aquifer to provide water service to a
home and accessory dwelling on a single family lot on Applicant’s 10.5-acre parcel. Applicant therefore
seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and approval of a
plan for augmentation for the use thereof. III. Application for Underground Water Rights. A. Legal
Description of Wells. 1. Property Description. The well will be located on Applicant’s approximately 10.5
acre property (“Applicant’s Property”). Applicant’s Property is depicted on the attached Exhibit A map,
and more particularly described as follows: Lot 5, Sky Ridge Minor Residential Development, County of
Elbert, State of Colorado, also known as 1580 Sage Road, Elizabeth, CO 80107. 2. Proposed Wells.
Applicant proposes that one well (“Violette Well”) will be located on the Applicant’s Property to be
constructed to the Upper Dawson aquifer. B. Water Source. 1. Not-Nontributary. The ground water to be
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withdrawn from the Upper Dawson aquifer underlying the Applicant’s Property is not-nontributary.
Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Upper Dawson
aquifer will require the replacement of actual stream depletions. 2. Nontributary. The groundwater that will
be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the
Applicant’s Property is nontributary. C. Estimated Rates of Withdrawal and Ground Water Available. 1.
Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping
rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant
requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed
amounts. The actual depth of each well to be constructed within the respective aquifers will be determined
by topography and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water
Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the
Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-
year life of the aquifers pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values
and average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s
Property:
AQUIFER
NET
SAND
(Feet)
Avg.
Specific
Yield
Total
Appropriation
(Acre Feet)
Annual Avg.
Withdrawal
100 Years
(Acre Feet)
Upper Dawson
(NNT) 178.3 20% 374.43 3.74
Lower Dawson
(NT) 46.2 20% 97.02 0.97
Denver
(NT) 231.2 17% 412.69 4.13
Upper Arapahoe
(NT) 235.0 17% 419.48 4.19
Laramie Fox
Hills (NT) 179.1 15% 282.08 2.82
Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant
to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally
determine the amount of water available for appropriation and withdrawal from each aquifer. D. Requested
Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s
Property consisting of domestic, irrigation, stock water, recreation, wildlife, wetlands, fire protection, and
also for storage and augmentation purposes associated with such uses. The Applicant also requests that the
nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s
Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the
amount withdrawn annually shall be consumed. The Applicant may use such water by immediate
application or by storage and subsequent application to the beneficial uses and purposes stated herein.
Provided, however, the Applicant shall only be entitled to construct wells or use water from the not-
nontributary Upper Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering
the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with
C.R.S. §37-90-137(9)(c.5). E. Well Fields. The Applicant requests that they be permitted to produce the
full legal entitlement from the Denver Basin aquifers underlying Applicant’s Property through any
combination of wells. The Applicant requests that these wells be treated as a well field. F. Averaging of
Withdrawals. The Applicant requests that they be entitled to withdraw an amount of ground water in excess
of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum
of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of
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years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever
comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw
from the aquifers underlying the Applicant’s Property. G. Owner of Land Upon Which Wells are to Be
Located. The land and groundwater upon which the well will be located is owned by the Applicant. IV.
APPLICATION FOR PLAN FOR AUGMENTATION. A. Structures to be Augmented. The structure to
be augmented is the Violette Well, along with any replacement or additional wells associated therewith, as
likewise may be constructed to the Upper Dawson aquifer of the Denver Basin underlying the Applicant’s
Property as requested and described herein. B. Water Rights to be Used for Augmentation. The water rights
to be used for augmentation during pumping are the return flows resulting from the pumping of the not-
nontributary Upper Dawson aquifer from the Violette Well, together with water rights from the nontributary
Denver aquifer for any injurious post pumping depletions. C. Statement of Plan for Augmentation. The
Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-
nontributary Upper Dawson aquifer by the well proposed herein for the Applicant’s property. Potential
water use criteria and their consumptive use component for replacement of actual depletions for the lots are
estimated as follows: 1. Uses. The well will pump a maximum of 1.5 acre feet of water per year for a total
of 1.5 feet being withdrawn from the Upper Dawson aquifer per year. Such use shall be a combination of
household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An
example breakdown of this combination of use, utilizing the factors described above, is household use of
0.25 acre feet of water per year per residence with the additional 1.25 acre feet per year per residence
available for irrigation of lawn and garden and the watering of up to sixteen horses or equivalent livestock
on the lot. 2. Depletions. The Applicant’s consultant has determined that maximum stream depletions over
the 100 year pumping period for the Upper Dawson aquifer amounts to approximately 5.49% of pumping.
Maximum annual depletions for total residential pumping from the well is therefore 0.082 acre feet in year
100. Should Applicant’s pumping be less than the 1.5 total per year described herein, resulting depletions
and required replacements will be correspondingly reduced. 3. Augmentation of Depletions During
Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), the Applicant is required to replace actual stream
depletions attributable to pumping of the Violette Well. The Applicant’s consultant has determined that
depletions during pumping will be effectively replaced by residential return flows from non-evaporative
septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per
residence. At a household use rate of 0.25 acre feet per residence per year, with a total for both dwellings
of 0.50 acre feet, 0.45 acre feet is replaced to the stream system per year, utilizing non-evaporative septic
systems. Thus, during pumping, stream depletions will be more than adequately augmented. 4.
Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions
which may be associated with the use of the Violette Well, the Applicant will utilize non-evaporative septic
return flows and irrigation return flows from the subsequent usage of the nontributary Denver aquifer,
accounting for actual stream depletions replaced during the plan pumping period, or to reserve from the
Denver aquifer or other nontributary aquifers underlying Applicant’s Property such amounts as necessary
to replace any injurious post pumping depletions. Applicant also reserves the right to substitute other legally
available augmentation sources for such post pumping depletions upon further approval of the Court under
its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction,
Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The
reserved nontributary Denver groundwater will be used to replace any injurious post-pumping depletions.
Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a new well permit
for the Violette Well for the uses in accordance with this Application and otherwise in compliance with
C.R.S. §37-90-137. V. Remarks. Applicant requests a finding that they have complied with C.R.S. §37-
90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested
not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-
90-137(9)(c.5). B. The term of this augmentation plan is for 100 years, however the length of the plan for
a particular well may be extended beyond such time provided the total plan pumping allocated thereto is
not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related
to that well’s actual pumping. C. The Court will retain jurisdiction over this matter to provide for the
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adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual
local aquifer characteristics from adequate information obtained from well drilling or test holes. D. The
Applicant requests a finding that vested water rights of others will not be materially injured by the
withdrawals of ground water and the proposed plan for augmentation. E. The wells shall be installed and
metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow
meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as
otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division
Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of
augmentation. F. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be
located upon the Applicant’s Property. G. All record owners of the Subject Property not listed as Applicants
herein, and every person who has a lien or mortgage on, or deed of trust to the Applicant’s Property will be
notified of the filing of this Application by certified or registered mail, return receipt requested, no later
than 14 days after the filing of this Application. The Applicant will complete and file with the Court a
Certificate of Notice as evidence that the required notices were given, in accordance with the notice
provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I).
19CW3178 Clayton Manning, 7061 Rafter Road, Franktown, CO 80116, Telephone: (303) 319-1464,
Email: manning_clayton@yahoo.com. Please send all pleadings and correspondence to attorneys for
Applicant: Douglas M. Sinor and Mirko L. Kruse, TROUT RALEY, 1120 Lincoln Street, Suite 1600,
Denver, Colorado 80203, Telephone: (303) 861-1963, E-Mail: dsinor@troutlaw.com or
mkruse@troutlaw.com. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM
NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN
FOR AUGMENTATION, in DOUGLAS COUNTY. 1. Name, mailing address, email address and
telephone number of applicant: See above. 2. Subject Property: 12.42 acres in the Southwest Quarter of
the Northwest Quarter of Section 35, Township 7 South, Range 66 West of the 6th Principal Meridian,
County of Douglas, State of Colorado, as described and shown on Exhibit A attached hereto ("Subject
Property"). Applicant is the owner of the Subject Property. 3. Well Permits: There is one well, permit
number 296786, located on the Subject Property. That well is permitted to pump up to 0.68 acre feet per
year from the Lower Dawson aquifer. Additional well permits will be applied for prior to construction of
the wells. 4. Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in
Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills
aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. 5. Estimated Amounts: The
following estimated amounts are based on the presumptive specific yield and saturated thickness values in
the Denver Basin Rules, 2 C.C.R. § 402-6. The estimated amount in the Lower Dawson aquifer accounts
for the cylinder of appropriation from well number 15485-F and for the existing domestic well on the
Subject Property. Aquifer Annual Amount Upper Dawson 1.76 acre-feet Lower Dawson 0.25 acre-feet
Denver 5.44 acre-feet Arapahoe 5.50 acre-feet Laramie-Fox Hills 3.58 acre-feet 6. Proposed Use:
Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation
purposes, including storage, both on and off the Subject Property. 7. Jurisdiction: The Water Court has
jurisdiction over the subject matter of this Application pursuant to Section 37-92-302(2), and 37-90-137(6),
C.R.S. 8. Description of Plan for Augmentation: A. Groundwater to be augmented: Up to 1.5 acre-feet
per year of the available Upper Dawson aquifer groundwater as requested herein. B. Water rights 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: The Upper Dawson aquifer
water will be used for in-house domestic use; commercial use; lawn, garden, and tree irrigation; and
livestock watering; fire protection; and augmentation through a new well on the Subject Property.
Depletions will be presumed consumptive to non-consumptive at factors of 10/90 for domestic use, 85/150
for sprinkler irrigation use, and 100/0 for livestock watering, commercial, industrial fire protection and
augmentation uses. Sewage treatment for in-house use will be provided by a non-evaporative septic system.
During pumping, Applicant will replace actual depletions to the affected stream system pursuant to Section
37-90-137(9)(c.5), C.R.S. Depletions may occur to the Cherry Creek stream system, which is tributary to
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the South Platte River. Return flows will accrue to the South Platte River stream systems, and those return
flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant
will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post
pumping augmentation requirements. 9. Name(s) and address(es) of owner(s) or reputed owners of the
land upon which any new diversion structure, or modification to any existing diversion structure, is or will
be constructed: Applicant. WHEREFORE, Applicant prays that this Court enter a Decree: 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; Specifically determining that:
Applicant has complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal;
and 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, Applicant prays that this Court
grant such other relief as seems proper in the premises. Pages 4.
19CW3179 CHRISTOPHER MCKAY, 16621 CR 46, Sterling, Colorado 80751, and NORTH
STERLING IRRIGATION DISTRICT, c/o Manager, P.O. Box 103, Sterling, Colorado 80751. Please
send all pleadings and correspondence to Paul F. Holleman and Bradley N. Kershaw, Buchanan Sperling
& Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302. APPLICATION FOR
UNDERGOUND WATER RIGHT FOR EXISTING WELLS AND TO ADD NEW USES OF
WELLS TO PLAN FOR AUGMENTATION, in LOGAN AND MORGAN COUNTIES. 2. Purpose
of application: Applicant, Christopher McKay is the owner of Duncan Well - Permit No. 115979 ("Duncan
Well"), and Crossiant Bros. Well - Permit No. 57769 ("Crossiant Bros. Well"), which are existing exempt
wells. The purpose of this application is to add commercial and stock watering uses to the wells so they
can be used in a feedlot described in paragraph 5 below. The new commercial and stock watering uses will
be included in the plan for augmentation decreed to applicant, North Sterling Irrigation District ("North
Sterling") in Case No. 96CW1034, on July 21, 2006 ("North Sterling Augmentation Plan" or "96CW1034
Decree"). These new uses will be included in the North Sterling Augmentation Plan for purposes of
replacement of out-of-priority depletions from the Duncan Well and the Crossiant Bros. Well associated
with the new uses. The exempt uses of the wells will continue. Underground Water Right for Existing
Wells 3. Description of Duncan Well: A. Name of Structure: Duncan Well; WDID No. 6405422; Permit
No. 115979. B. Prior Decrees: The Duncan Well was originally decreed as an exempt well in Case No.
80CW393, entered June 15, 1981. By decree in Case No. 85CW107, entered November 6, 1986, the
originally decreed uses were made absolute. Both decrees are by the District Court in and for Water
Division No. 1. C. Legal description of point of diversion: Duncan Well is located at a point 1330 feet
north and 1850 feet west of the Southeast corner of Section 11, Township 9 North, Range 53 West of the
6th P.M., Logan County, Colorado. D. Source: Groundwater. E. Date of appropriation: September 23,
2019. F. How appropriation was initiated: By application of water to beneficial use for commercial and
stock watering uses and by filing the application in this case. G. Amount: 50 gpm. 4. Description of
Crossiant Bros. Well: A. Name of Structure: Crossiant Bros. Well; Permit No. 57769. B. Prior Decrees:
Exempt well. C. Legal description of point of diversion: Crossiant Bros. Well is located at a point 856 feet
north and 1410 feet west of the Southeast corner of Section 11, Township 9 North, Range 53 West of the
6th P.M., Logan County, Colorado. D. Source: Groundwater. E. Date of appropriation: September 23,
2019. F. How appropriation was initiated: By application of water to beneficial use for commercial and
stock watering uses and by filing the application in this case. G. Amount: 50 gpm. 5. Proposed use: The
proposed new use for both the Duncan Well and the Crossiant Bros. Well is commercial and stock watering
use in a feedlot located in the Southeast Quarter of Section 11, Township 9 North, Range 53 West of the
6th P.M., Logan County, Colorado. Water from both wells is currently being used for these purposes. 6.
Names and addresses of owners or reputed owners of the land upon which any new diversion structure or
storage structure, or modification to an existing diversion or storage structure is or will be constructed or
upon which water is or will be stored, including any modification to the existing storage pool: The wells
and the feedlot where the water will be used for the new uses are on land owned by applicant Christoper
McKay. Inclusion of Wells in North Sterling Augmentation Plan 7. Structures and uses to be added to
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the North Sterling Augmentation Plan: The Duncan Well described in paragraphs 3.A.-G. above, for
commercial and stock watering use, and the Crossiant Bros. Well described in paragraphs 4.A.-G. above,
for commercial and stock watering use. 8. Water rights to be used for augmentation pursuant to the North
Sterling Augmentation Plan: The water rights identified in paragraph 58 of the 96CW1034 Decree, which
include the following: A. The North Sterling Recharge Water Right and the North Sterling Recharge Water
Right, First Enlargement, described in paragraphs 17-34 of the 96CW1034 Decree. B. The changed amount
of the North Sterling Reservoir Water Right described at paragraphs 35-55 of the 96CW1034 Decree, being
15,000 acre-feet of the North Sterling Reservoir Water Right measured at the North Sterling Inlet Ditch
Headgate Flume. C. Additional sources of replacement water that may be authorized for use in the North
Sterling Augmentation Plan subject to the terms and conditions of paragraph 61.d.v.B of the 96CW1034
Decree. 9. Proposed terms and conditions: A. Out-of-priority depletions to the South Platte River
attributable to commercial and stock watering uses of the Duncan Well and Crossiant Bros. Well will be
replaced pursuant to the terms of the 96CW1034 Decree. The terms and conditions for replacement of
depletions from commercial and stock watering uses of the Duncan Well and Crossiant Bros. Well will be
the same as those applied to the other commercial and stock watering wells in the North Sterling
Augmentation Plan. B. The effects on the South Platte River resulting from the consumptive use of water
occurring from the pumping of the Duncan Well and Crossiant Bros. Well for commercial and stock
watering uses will be calculated in accordance with the methodology set forth in the 96CW1034 Decree for
other commercial and stock watering uses including, but not limited to use of a consumptive use factor of
100% for calculating depletions from commercial and stock watering uses of the Duncan Well and
Crossiant Bros. Well. The proposed aquifer parameters for these wells are as follows: i. Duncan Well: (1)
Distance from river (feet) "X": 500; (2) Width of alluvium (feet) "W": 5,000; (3) Transmissivity (gpd/ft)
"T": 28,800; (4) Specific yield of aquifer "S": 20%. ii. Crossiant Bros. Well: (1) Distance from river (feet)
"X": 900; (2) Width of alluvium (feet) "W": 4,500; (3) Transmissivity (gpd/ft) "T": 31,400; (4) Specific
yield of aquifer "S": 20%. C. Depletions attributable to commercial and stock watering uses of the Duncan
Well and Crossiant Bros. Well will affect the South Platte River in that reach beginning at the Sterling No.
1 Ditch headgate downstream to the Iliff and Platte Ditch headgate, described in paragraph 60 of the
96CW1034 Decree as "Impact Reach No. 3." D. On-going out-of-priority depletions attributable to prior
pumping of the Duncan Well and Crossiant Bros. Well for commercial and stock watering uses will be
replaced under the North Sterling Augmentation Plan. WHEREFORE, applicants request the Court to enter
a decree adding the commercial and stock watering uses of water to the Duncan Well and Crossiant Bros.
Well and adding those uses as uses to be augmented under the North Sterling Augmentation Plan pursuant
to the terms and conditions in that plan and the additional terms and conditions described above. (7 pages).
19CW3180 The City and County of Denver, acting by and through its Board of Water Commissioners
(“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Telephone: 303-628-
6460. Jessica R. Brody, General Counsel, Casey S. Funk, Daniel J. Arnold, James M. Wittler, Andrew J.
Hill. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE
ABSOLUTE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND
COUNTY OF DENVER ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS,
IN THE CITY AND COUNTY OF DENVER, AND ADAMS AND WELD COUNTIES, Application
sixteen (16) pages. 2. Name of Water Rights: The South Reservoir Complex Exchanges; the North
Reservoir Complex Exchange; and the Lupton Lakes Recycling Plant Exchange (collectively, the
“Exchanges”). 3. Description of Subject Water Right and Information From Previous Decree: (A) Case
Number and Court: 2009CW123, Water Division No. 1 (B) Date of Original Decree: September 25, 2013
(C) Exchange-To and Exchange-From Points: The Exchanges will be used to transfer water from: (1) the
Lupton Lakes Complex, North Reservoir Complex, and the Metro Wastewater Reclamation District
Treatment Plant Outfall to Denver Water’s South Reservoir Complex; (2) the Lupton Lakes Complex to
the North Reservoir Complex; and (3) the Lupton Lakes Complex to the Denver Water Recycling Plant
Pump Station. Maps showing the approximate locations of the exchange reaches and associated upstream
and downstream terminus points are generally described below and depicted in Exhibit A: (1) South
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Reservoir Complex Exchanges: i. Exchange-To Point – Burlington Ditch Headgate: The location of the
Burlington headgate is on the east bank of the South Platte River, in the NE1/4 of the SW1/4, Section 14,
T3S, R68W, 6th P.M., in City and County of Denver, Colorado, 2456.2 feet east of the west line of the
southwest quarter and 2347.7 feet north of the south line of said southwest quarter of Section 14. The
headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM
coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. The Burlington
Ditch is used to convey water to the South Reservoir Complex. ii. Exchange-From Points: (a) Metro
Wastewater Reclamation District Treatment Plant South Platte River Outfall: The point where the Metro
Wastewater South Platte River Outfall physically discharges water to the South Platte River, located in the
NE1/4 of the NW1/4, Section 12, Township 3 South, Range 68 West of the 6th P.M., in Adams County,
Colorado, approximately 37 feet from the north section line and 1,367 feet from the west section line. (b)
North Reservoir Complex Outlet Structure: The point where the North Reservoir Complex Outlet Structure
physically discharges water to the South Platte River, located in the NW1/4 of the NE1/4 of Section 3,
Township 2 South, Range 67 West of the 6th P.M., in Adams County, Colorado, being 2578.48 feet westerly
of the easterly line of said section and 179.01 feet southerly of the northerly line of said section. (c) Lupton
Lakes Complex Outlet Structure: The point where the future Lupton Lakes Complex Outlet Structure
discharges water to the South Platte River, expected to be located in the NE1/4 of the NW1/4 of Section
19, Township 1 North, Range 66 West of the 6th P.M., in Weld County, Colorado. Because the location
of the outlet structure has not been finalized, distances to sections lines are not available at this time. (2)
North Reservoir Complex Exchange: i. Exchange-To Point – The Fulton Ditch Headgate: The Fulton Ditch
headgate is located on the east bank of the South Platte River, in the NE1/4 of the SE1/4, Section 17,
Township 2 South, Range 67 West of the 6th P.M., in Adams County, Colorado, at a point approximately
2,815 feet south and 145 feet west of the NE corner of said Section 17. The places of storage for water
diverted at the Fulton Ditch headgate pursuant to this exchange include, but are not limited to, Denver
Water’s North Reservoir Complex. ii. Exchange-From Point – Lupton Lakes Complex Outlet Structure:
The point where the future Lupton Lakes Complex Outlet Structure physically discharges to the South
Platte River, expected to be located in the NE1/4 of the NW1/4 of Section 19, Township 1 North, Range
66 West of the 6th P.M., in Weld County, Colorado. Because the location of the outlet structure has not
been finalized, distances to section lines are not available at this time. (3) Lupton Lakes Recycling Plant
Exchange: i. Exchange-To Point – Denver Water Recycling Plant Pump Station: Denver Water’s Recycling
Plant Pump Station is located near the Metro Wastewater Reclamation District Treatment Plant (“Metro”)
South Platte River Outfall. The Recycling Plant Pump Station diverts treated water from the wastewater
treatment plant effluent stream at two points, both of which are located in the NE1/4 of the NW1/4, Section
12, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. The first point is
located approximately 777 feet from the north section line and 1,455 feet from the west section line, while
the second point is located approximately 797 feet from the north section line and 1,553 feet from the west
section line. The Recycling Plant Pump station diverts treated water from Metro before it reaches the South
Platte River. ii. Exchange-From Point – The Lupton Lakes Complex Outlet Structure: The point where the
future Lupton Lakes Complex Outlet Structure physically discharges to the South Platte River, expected to
be located in the NE1/4 of the NW1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., in
Weld County, Colorado. Because the location of the outlet structure has not been finalized, distances to
section lines are not available at this time. (D) Exchange Reaches: An exchange matrix that illustrates the
exchange reaches, flow rates and volumetric limits for the Exchanges is attached hereto as Exhibit B. As
described herein and in Exhibit B, the Exchanges are comprised of five conditional appropriative rights of
exchange in the following reaches: (1) Exchange Reach A: From the Metro Wastewater Reclamation
District Treatment Plant South Platte River Outfall located in Section 12 to the Burlington Ditch headgate
located in Section 14 with both being in Township 3 South, Range 68 West. (2) Exchange Reach B: From
the North Reservoir Complex Outlet Structure located in Section 3, Township 2 South, Range 67 West to
the Burlington Ditch headgate located in Section 14, Township 3 South, Range 68 West. (3) Exchange
Reach C: From the Lupton Lakes Complex Outlet Structure located in Section 18, Township 1 North,
Range 66 West to the Burlington Ditch headgate located in Section 14, Township 3 South, Range 68 West.
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(4) Exchange Reach D: From the Lupton Lakes Complex Outlet Structure located in Section 18, Township
1 North, Range 66 West to the Fulton Ditch headgate located in Section 17, Township 2 South, Range 67
West. (5) Exchange Reach E: From the Lupton Lakes Complex Outlet Structure located in Section 18,
Township 1 North, Range 66 West to the Denver Water Recycling Plant Pump Station located in Section
12, Township 3 South, Range 68 West. (E) Sources: (1) Source of water at Exchange-to Points: South
Platte River and streams and effluent wastewater tributary thereto. For the purposes of this decree only,
effluent wastewater is water from non-reusable South Platte water rights and water not claimed as reusable
by other water users. This includes wastewater that is treated by Metro and intercepted by Denver Water
from the Metro Wastewater Treatment Plant South Platte River Outfall before being discharged to the South
Platte River. (2) Sources of Substitute Supply: The water rights that will be used as substitute supplies to
operate the Exchanges, either by discharge at the Metro Wastewater Treatment Plant South Platte River
Outfall or after storage in the North Reservoir Complex or the Lupton Lakes Complex, are listed in Exhibit
C. (F) Appropriation Date: August 31, 2009 (G) Flow Rates and Volumetric Limits: (1) Flow Rates: i.
South Reservoir Complex Exchanges: Exchanges within Exchange Reaches A, B, and C, individually or
combined or in combination with the diversions under the water rights decreed in Case Nos. 2001CW286
WD1 and 2009CW264 WD1, will not exceed a maximum rate of 50 cfs, CONDITIONAL. ii. North
Reservoir Complex Exchange: Exchanges within Exchange Reach D will not exceed a maximum rate of
80 cfs, CONDITIONAL. iii. Lupton Lakes Recycling Plant Exchange: Exchanges within Exchange Reach
E, individually or in combination with diversions under the water rights decreed in Case No. 2001CW287
WD1, will not exceed a maximum rate of 70 cfs, CONDITIONAL. (2) Volumetric Limits: i. South
Reservoir Complex Exchanges: Exchanges within Exchange Reaches A, B, and C, will not cumulatively
exceed an annual volumetric limitation of 3,300 acre-feet. ii. North Reservoir Complex Exchange:
Exchanges within Exchange Reach D will not cumulatively exceed an annual volumetric limitation of
11,400 acre-feet. iii. Lupton Lakes Recycle Plant Exchange: Exchanges within Exchange Reach E will not
cumulatively exceed an annual volumetric limitation of 11,400 acre-feet. Exchanges operated within
Exchange Reach E will be operated in conjunction with the Recycling Plant Substitution and Exchange and
Recycling Plant Intake Water Right decreed in Case No. 2001CW287 WD1, and will be jointly subject to
the same overall volumetric limit of 17,500 acre-feet that the Recycling Plant Substitution and Exchange
and Recycling Plant Intake Water Right are subject to in 2001CW287 WD1. iv. Combined Volumetric
Limit: Exchanges for Exchange Reaches A, B, C, D, and E, as decreed herein, shall not exceed an annual
combined volumetric limit of 26,100 acre-feet. (H) Use: The use of water diverted at the Exchange-to
Points under the Exchanges will be limited to the decreed uses of the sources of substitute supply. Decreed
uses of potential sources of substitute supply include, but are not limited to, beneficial use by direct use
and/or by storage and/ or by exchange, non-agricultural irrigation, commercial, industrial and all municipal
uses, including domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage
treatment, street sprinkling, irrigation of parks, lawns, grounds, and open spaces, recreation, piscatorial,
maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, and
augmentation and/or replacement. Denver Water may, if allowed by the decreed uses of the sources of
substitute supply, fully consume waters diverted and stored under this appropriation by direct use, storage
and subsequent release, reuse, successive use, further exchange and disposition. (I) Place of Use: The place
of use for the water diverted under the Exchanges will be limited to the decreed places of use for the sources
of substitute supply. The place of use can generally be described as wherever Denver may legally provide
water. The place of use includes Denver Water’s service area as it exists now or may exist in the future,
and areas outside Denver Water’s service area pursuant to existing and future water contracts and other
related agreements. CLAIM FOR FINDING OF REASONABLE DILIGENCE 4. Diligence Activities.
The following activities describe Denver Water’s steady application of effort to complete the appropriation
in a reasonably expedient and efficient manner under all the facts and circumstances: (A) Amounts
Expended: The following work described in paragraphs 4.B through 4.E below describes Denver Water’s
effort to maintain and fully develop the Downstream Reservoir Water Storage Program (“DRWSP”) and
its Recycling Water Treatment Plant (“Recycling Plant”), which will be used to operate the Exchanges and
beneficially use water. Over the last diligence period, Denver Water has spent at least $46,000,000 on the
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DRWSP and Recycling Plant. These projects, which are further described below, allow for the operation
of the Exchanges and application of water to beneficial use. (B) The South Reservoir Complex: (1) In 2014,
Western States Reclamation completed reclamation work on the outer dam embankment of Bambei-Walker
Reservoir for approximately $234,000. (2) In 2014, Denver Water and South Adams County Water and
Sanitation District entered into an Intergovernmental Agreement (“IGA”) which addressed a wide range of
complex issues regarding joint use of downstream reservoirs, including: allocation and repayment of costs,
near-term and long-term operations, a water rights peace pact, temporary treated water connections, and
conveyance of jointly acquired property interests. Denver Water’s total costs were approximately
$6,199,000. (3) In 2016, Denver Water acquired a permanent easement for access, construction,
maintenance, repair, relocation, and replacement of utilities for a total cost of approximately $13,000. (4)
In 2017, the design-build team of Brown and Caldwell and J.R. Filanc Construction Company designed
and constructed aeration systems and infrastructure at the South Reservoir Complex to mitigate water
quality issues. The total project cost was approximately $1,404,000. (C) The North Reservoir Complex:
(1) Howe-Haller A and B Reservoirs: i. In 2013, Colorado Total Maintenance constructed a modular
concrete block wall for the First Creek inlet at Howe-Haller Reservoir B. The total project cost was
approximately $7,000. ii. In 2015, Kumar & Associates performed a geotechnical engineering study and
developed a final design for the repair of reservoir bank slopes impounding the Howe-Haller A and B
Reservoirs. The total project cost was approximately $70,000. iii. In 2015, Alden Research Laboratory
provided hydraulic and structural engineering for the new spillway/rundown structure at Denver Water’s
Howe-Haller A Reservoir. The total project cost was approximately $46,000. iv. In 2016, Environmental
Logistics completed property fencing around Howe-Haller A, B, and Hazeltine Reservoirs. The total
project cost was approximately $528,000. v. In 2016, Tezak Heavy Equipment Co., Inc. regraded and
reconstructed the reservoir slopes damaged during 2013 and 2015 flooding. A new concrete rundown and
spillway structure was also constructed to pass future flood flows from First Creek safely into Howe-Haller
A Reservoir. The total project cost was approximately $1,267,000. vi. In 2016, Olsson Associates provided
engineering related to identifying potential locations for rundown structures to protect slopes from flooding
damage at Howe-Haller A and B. The total project cost was approximately $27,000. vii. In 2018, RE
Monks Construction Company, LLC completed repair of the Hazeltine/Howe-Haller B Reservoirs
temporary platform fill slope. The total project cost was approximately $533,000. (2) Dunes Dam and
Reservoir: i. In 2013, Denver Water purchased two tracts of land needed to complete the fencing project
for Dunes Reservoir. The total cost was approximately $71,000. ii. In 2013, Standard Fence Company
completed property fencing around Dunes Reservoir for a total project cost of approximately $61,000. iii.
In 2015, AECOM Technical Services Inc. provided inundation mapping for Dunes Reservoir for a total
project cost of approximately $32,000. iv. In 2017, United Power Inc. completed a new electric service for
the Dunes Reservoir water valve connection vault. The total project cost was $26,000. v. Denver Water
began filling Dunes Reservoir by gravity from the Fulton Ditch in February 2018. (3) Hazeltine Reservoir:
i. In 2013, Brierley Associates, LLC provided a geotechnical report for the Hazeltine outlet structure for a
total project cost of approximately $13,000. ii. In 2013, Short Elliot Hendrickson, Inc. provided engineering
services necessary for the preparation and submission of a floodplain compliance permit for Hazeltine
Reservoir. The total project cost was approximately $5,000. iii. In 2014, Rodney Hunt Company produced
a slide gate for the Hazeltine outlet structure to control the flows from Dunes and Tanabe Reservoirs. The
total project cost was approximately $26,000. iv. In 2015, Envirocon, Inc. completed the installation of
1,840 linear feet of soil bentonite barrier, 140 linear feet of slurry wall structural cap, and site restoration.
The total project cost was approximately $491,000. v. In 2018, Shannon & Wilson, Inc. completed
geotechnical field exploration work at Hazeltine and Howe-Haller B Reservoirs. The total project cost was
approximately $19,000. (4) Tanabe Reservoir: i. In 2013, MWH Americas Inc. provided construction phase
services for the Tanabe Reservoir outlet and interconnect pipeline for a total project cost of approximately
$181,000. ii. In 2013, T. Lowell Construction Inc. constructed an interconnect conduit, reinforced the
concrete inlet/outlet structure, a pipeline access vault, a building to house controls for regulating flow
between Tanabe Reservoir and the Fulton Inlet Pipeline valve vault, and the Hazeltine Pump Station
Pipeline which connects the Fulton Inlet Pipeline valve vault to the North Reservoir Complex Outlet. The
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total project cost was approximately $5,865,000. iii. In 2017, Environmental Logistics completed
installation of property fencing for Tanabe Reservoir and removal of the previously existing mining fence.
The total project cost was approximately $54,000. iv. Denver Water began filling Tanabe Reservoir by
gravity from the Fulton Ditch in February 2018. (5) General North Reservoir Complex Work: i. In 2013,
Colorado Total Maintenance furnished and installed property fencing for Dunes and Howe-Haller B
Reservoirs. The total cost was approximately $164,000. ii. In 2013, ERO Resources Corporation provided
environmental consulting and permitting services for the Hazeltine Reservoir Outfall 404 Permit. The total
project cost was approximately $6,000. iii. In 2014, Olsson Associates, Inc. provided engineering services
to identify impacts on floodplain related to construction of berms, options for armoring the slopes for
protection during future flood events and repairing slopes to previous dimensions. The total project cost
was approximately $59,000. iv. In 2014, Concrete Works of Colorado, Inc. constructed the outlet for the
North Reservoir Complex. The total project cost was approximately $2,085,000. v. In 2016, Burns &
McDonnell Engineering Company, Inc. completed the first phase of the North Reservoir Complex
electrical, instrumentation, and control project for a total cost of approximately $5,533,000. vi. In 2017, the
design-build team of Brown and Caldwell and J.R. Filanc Construction Company designed and constructed
aeration systems and infrastructure at the North Reservoir Complex to mitigate water quality issues. The
total project cost was approximately $1,987,000. vii. In 2018, Denver Water acquired a share in the Fulton
Ditch Irrigating Company. viii. Denver Water continues to maintain active sand and gravel mining permits
through the Division of Reclamation, Mining, and Safety on an annual basis for the mining operations
remaining at the North Reservoir Complex. (D) Lupton Lakes Complex: (1) In 2013, RJH Consultants, Inc.
evaluated groundwater issues associated with Lupton Lakes Complex gravel mining. The total project cost
was approximately $25,000. (2) In 2014, RJH Consultants, Inc. evaluated potential barrier wall options to
provide a lined underground water reservoir and reduce potential impacts to adjacent properties from
dewatering associated with the ongoing mining and future liner construction. The total project cost was
approximately $54,000. (3) In 2015, Mac-Bestos, Inc. completed abatement work for a house located within
the south cell of the Lupton Lakes Complex prior to demolition. The total project cost was approximately
$8,000. (4) In 2015, Maptek conducted LIDAR field scanning to capture updated topography at the Lupton
Lakes Complex for a total project cost of approximately $8,000. (5) In 2016, Denver Water acquired a
temporary easement for construction related operations, activities, and access to the Lupton Lakes Complex
property for a total cost of approximately $5,000. (6) In 2016, RJH Consultants, Inc. provided Owner’s
Consultant services for the groundwater cutoff walls project at the Lupton Lakes Complex. The total project
cost was approximately $334,000. (7) In 2016, Denver Water purchased 100 acre-feet of storage capacity
in the Lupton Lakes Complex from the City of Fort Lupton (“Ft. Lupton”). The storage capacity had
previously been gifted to Ft. Lupton by Denver Water’s predecessor-in-interest. The total cost of purchase
was $200,000. (8) In 2016, Denver Water conveyed property for use as public rights-of-way to satisfy an
Annexation Agreement with Ft. Lupton. (9) In 2016, Concrete Works of Colorado, Inc. constructed a new
access road for continued mining activity at the Lupton Lakes Complex. The total project cost was
approximately $119,000. (10) Since 2015, Denver Water has contributed towards the cost of dewatering of
offsite wells required by on-going mining activities at the Lupton Lakes Complex. The total amount spent
to date is approximately $922,000. (11) In 2016 and 2017, the design-build team of Deere and Ault
Consultants, Inc. and Great Lakes Environmental & Infrastructure designed and constructed the
groundwater cutoff wall and interior reservoir slopes for the North Cell of the Lupton Lakes Complex. The
total project cost was approximately $9,873,000. (12) In 2018, the design-build team of Deere and Ault
Consultants, Inc. and Great Lakes Environmental & Infrastructure designed and began construction of the
groundwater cutoff wall for the South Cell of the Lupton Lakes Complex. Completion of the project is
scheduled for 2019. To date, the total amount spent is approximately $4,798,000. (13) In 2017, the
Colorado Division of Water Resources approved the groundwater cutoff wall installed in the North Cell at
the Lupton Lakes Complex as meeting the design standard. (14) Denver Water maintains compliance with
the Division of Reclamation, Mining, and Safety through annual permitting for the active mining operations
at the Lupton Lakes Complex. (E) Recycling Plant: The following work describes Denver Water’s effort to
maintain and fully develop the Recycling Plant and recycle distribution system, which will be used to treat
15
and deliver exchanged water from the DRWSP: (1) In 2014, Hatch Mott MacDonald created an up-to-date
conformed set of two-dimensional as-built drawings and a base drawing for the Recycling Plant. The total
project cost was approximately $155,000. (2) In 2015, Innovative Power Systems, Inc. replaced a motor at
a pump station within the recycle distribution system for a total cost of approximately $67,000. (3) In 2015,
CH2M Hill Engineers, Inc. conducted an evaluation of the chlorination system at the Recycling Plant for a
total project cost of approximately $45,000. (4) In 2015, Denver Water and the Park Creek Metropolitan
District established the Stapleton North Recycled Water Infrastructure Agreement which provided terms
and conditions for the completion of recycled water infrastructure within the Stapleton North portion of the
Park Creek Metropolitan District. (5) In 2015, T Lowell Construction, Inc. furnished and installed
approximately 7,700 feet of 24-inch diameter recycled water pipeline and appurtenances in the Stapleton
North area. The total project cost was approximately $3,010,000. (6) In 2015, Carollo Engineers, Inc.
provided professional services regarding recycled water demand management. The total project cost was
approximately $53,000. (7) In 2016, Denver Water and Denver Public Schools (“DPS”) entered into a
Memorandum of Understanding (“MOU”) regarding the conversion of DPS facilities to recycled water for
irrigation. Denver Water provided matching funds for a DPS grant for these conversions at a total cost of
$20,000. (8) In 2017, Stantec Consulting Services, Inc. provided technical support during the triennial
review process of Regulation 84 with the Colorado Department of Public Health and Environment for new
uses of reclaimed water. The total project cost was approximately $115,000. (9) In 2017, Denver Water
and Sand Creek Metropolitan District (“SCMD”) entered into a MOU outlining permit requirements for
recycled water provided to SCMD lakes. 5. Claim to Make Absolute: Based on operation of an exchange
from the Metro Wastewater Reclamation District South Platte River Outfall to the Burlington Ditch
headgate on May 9, 2017, Denver Water claims that 34.51 cfs of Exchange Reach A has been made
absolute. Denver Water may rely on accounting records of other exchanges operated within Exchange
Reach A during the diligence period to support its claim to make absolute an amount equivalent to or less
than 34.51 cfs. 6. Names and Addresses of Landowners Where Structures are Located: The following list
includes the names and addresses of owners of the land upon which any new diversion or storage structure
or modification to any existing diversion or storage structure or existing storage pool is or will be
constructed or upon which water is or will be stored. Denver Water is providing notice to the following
entities because this application relates to certain structures and property in which the following entities
may have a property interest. (A) Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue,
Brighton, CO 80601 (B) Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO
80601 (C) Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601 (D) Henrylyn
Irrigation District, 29490 County Road 14, Keenesburg , CO 80643 (E) Fulton Irrigating Ditch Company,
25 South 4th Avenue, Brighton, CO 80601 (F) Hunt Brothers Properties Inc., c/o Asphalt Specialties
Company Inc., 10100 Dallas Street, Henderson, CO 80640-8491 (G) Metro Wastewater Reclamation
District, 6450 York Street, Denver, CO 80229 (H) City of Aurora, 15151 East Alameda Parkway, Aurora,
CO 80012
19CW3181 (Prior Case Nos. 1996CW1116; 2011CW203) City of Thornton (“Thornton”), c/o Water
Resources Division, 12450 Washington Street, Thornton, Colorado, 80241. Telephone: (720) 977-6600.
Please send all pleading and correspondence to David C. Taussig, Alan E. Curtis, and Virginia Sciabbarrasi,
White & Jankowski, LLP, 511 Sixteenth Street, Suite 500, Denver, Colorado, 80202. Tele: (303) 595-9441
APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO CONFIRM
PORTIONS OF WATER RIGHTS AS ABSOLUTE IN LARIMER, WELD, JEFFERSON, AND
ADAMS COUNTIES. 2. Background and Introduction. a. The City of Thornton ("Thornton") is a
municipal corporation of the State of Colorado. Thornton owns and operates a municipal water and sewer
utility system not only for the benefit of its customers within Thornton’s boundaries, but also for the
provision of water and sewer service to such extra-territorial customers as it may serve within its service
area pursuant to its city charter, agency relationships and contractual commitments. b. On October 20,
2005, the District Court for Water Division 1 (“Water Court”) entered its Findings of Fact, Conclusions of
Law, Ruling and Decree in Case No. 1996CW1116, which adjudicated the conditional water rights that are
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the subject of this application (“Original Decree”). In doing so, the Water Court approved a series of
exchanges and substitutions that Thornton has used or will use for three primary purposes: i.
Implementation of Thornton’s Northern Project. Thornton’s Northern Project (“TNP”) was decreed in
Consolidated Cases No. 86CW40l, 86CW402, 86CW403 and 87CW332 (the “Northern Project Decree” or
“TNP”). The Original Decree permits Thornton to release water from certain exchange reservoirs with
points of diversion on the South Platte River to be conveyed downstream to the confluence with the Cache
La Poudre River to either: (a) be used to meet Thornton’s replacement obligations under the Northern
Project Decree or (b) be delivered to the ditch system of the Water Supply and Storage Company (“WSSC”)
pursuant to the terms of the Northern Project Decree. The Original Decree approved the use of “Exchange
Reservoirs” as defined in the Original Decree to effectuate exchanges authorized by the Northern Project
Decree. ii. Exchanges of Northern Project water upstream on the South Platte River and its tributaries to
other Thornton facilities. At times, water to which Thornton is entitled under the Northern Project Decree
will be released, delivered to the South Platte River, and exchanged upstream to Thornton’s points of
diversion or storage on the South Platte River, Big Dry Creek and Clear Creek. The Original Decree
approved new conditional appropriative rights for these exchanges. iii. Exchanges and substitutions
between or among Thornton’s facilities. At times, water stored will be moved between or among
Thornton’s facilities, upstream or downstream, whether by interconnection, gravity flow, pumping, release
and re-diversion, or by release and exchange, in order to serve the operation of Thornton’s water system.
The Original Decree authorized various methods, including both direct connection and exchanges, to move
water among and between Thornton’s facilities subject to terms and conditions. All of the water may
eventually be used for a variety of decreed uses in Thornton’s municipal system as it exists now or in the
future. c. Thornton’s water rights that were adjudicated in the Original Decree, summarized in 2.b above,
are referred to herein as “Thornton’s 96CW1116 Water Rights” or the “Subject Water Rights” and the
facilities, exchanges and substitutions used to implement those rights are part of Thornton’s integrated
system for diverting, storing, treating and delivering water to Thornton’s customers. A map of the portions
of Thornton’s water system relevant to the Original Decree is appended to this application as Exhibit A. 3.
Previous Decrees. Thornton’s 96CW1116 Water Rights were originally decreed in the Original Decree.
A first diligence decree was entered on September 22, 2013 in Case No. 2011CW203 (“2011CW203
Decree”) that also made part of the Subject Water Rights absolute. This is the second diligence application.
4. Names of Structures and Description of the Subject Water Rights. There are three classes of
structures associated with Thornton’s 96CW1116 Water Rights that are defined in the Original Decree: (1)
the components of the TNP, from which water may be released to the Cache La Poudre River and conveyed
to the South Platte River to allow diversions by exchange at Thornton’s facilities on the South Platte River,
Big Dry Creek and Clear Creek; (2) the “Exchange Reservoirs” on the South Platte River, to and from
which water may be exchanged; and (3) the “Additional Facilities” on the South Platte River, Big Dry
Creek, and Clear Creek that Thornton may use to exchange water. a. TNP Structures. These are the
structures that were adjudicated in the Northern Project Decree, and were incorporated by reference into
the Original Decree. See Northern Project Decree at 14.2.2.1-14.2.2.9, 14.3.2.1-14.3.2.2; Original Decree
at 14.2.1, 14.3.1. Provisions of the Northern Project Decree and the Original Decree relevant to the TNP
structures are incorporated into this application by reference. These structures are used to, inter alia, deliver
substitute supplies to the Cache La Poudre River that will be delivered to the confluence of that river with
the South Platte River and exchanged upstream along the South Platte River and its tributaries to other
Thornton structures. Legal descriptions and flow rates for the Northern Project structures are shown on
Exhibit B. b. Exchange Reservoirs. Thornton may use these structures to exchange water to or to receive
water by exchange from TNP structures, as described above; to exchange water to Additional Facilities,
described below; or to conduct exchanges and substitutions among Thornton’s facilities, including the
Exchange Reservoirs. The Exchange Reservoirs have water rights adjudicated in Case No. 91CW126
(“91CW126 Decree”), changes to the 91CW126 Decree in Case No. 04CW326 and a pending application
in Case No. 18CW3158 referenced below (collectively “Changes to 91CW126 Decree”). The provisions of
the 91CW126 Decree and decreed Changes to 91CW126 Decree relevant to the structures are incorporated
into this application by reference, as are relevant portions of the Original Decree. The source for the
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Exchange Reservoirs is the South Platte River as well as additional sources described for individual
structures below. The Exchange Reservoirs are described as follows: i. Doeringsfeld Pit. (1) This facility
will be located in the SE 1/4 of the SW 1/4, SW 1/4 of the SE 1/4, Section 3; NE 1/4 of the NE 1/4, Section
9; and NW 1/4, W 1/2 of the NE 1/4, NE 1/4 of the NE 1/4, Section 10, T5N, R65W, 6th P.M., Weld
County. (2) The decreed capacity is 4,474 acre-feet (“AF”). (3) The decreed point of diversion for this
facility is at the headgate of the Patterson Ditch on the north bank of the South Platte River in the NE 1/4
of the NE 1/4, Section 21, T5N, R65W, 6th P.M., Weld County, at a point approximately 641 feet South
and 5,133 feet East of the Northwest corner of said Section 21. ii. Doeringsfeld Pit, First Enlargement. (1)
This facility will be located in the SE 1/4 of the SW 1/4, SW 1/4 of the SE 1/4, Section 3; NE 1/4 of the NE
1/4, Section 9; and NW 1/4, W 1/2 of the NE 1/4, NE 1/4 of the NE 1/4, Section 10, T5N, R65W, 6th P.M.,
Weld County. (2) The decreed capacity is 1,526 AF. (3) The decreed point of diversion for this facility
is at the headgate of the Patterson Ditch, described above. iii. Fort Lupton Pit. (1) This facility will be
located in the W 1/2 of the SW 1/4, Section 7, T1N, R66W, 6th P.M.; and E 1/2 of the SE 1/4, Section 12,
T1N, R67W, 6th P.M., Weld County. (2) The decreed capacity is 2,700 AF. (3) The decreed points of
diversion are: (a) The headgate of the Lupton Bottom Ditch, on the northwest bank of the South Platte
River in the NW 1/4 of the SW 1/4, Section 19, T1N, R66W, 6th P.M., Weld County, at a point
approximately 2,110 feet North and 56 feet East of the Southwest corner of said Section 19. (b) Big Dry
Creek Diversion: On the north bank of Big Dry Creek in the SE 1/4 of the SE 1/4, Section 12, T1N, R67W,
6th P.M., Weld County, at a point approximately 4,691 feet South and 4,094 feet East of the Northwest
corner of said Section 12. (c) Fort Lupton Pit South Platte River Diversion: On the west bank of the South
Platte River in the SE 1/4 of the NW 1/4, Section 18, T1N, R66W, 6th P.M., Weld County, at a point
approximately 1,547 feet South and 3,769 feet West of the Northeast corner of said Section 18. iv. Rogers
Pit. (1) This facility is located in the NE 1/4 of Section 1, T1S, R67W; and the SW 1/4 of the NW 1/4 of
Section 6, T1S, R66W, 6th P.M., Adams County. (2) The decreed capacity is 2,500 AF. (3) The decreed
points of diversion are: (a) The headgate of the Brantner Ditch, on the north bank of the South Platte River
in the NE 1/4 of the SW 1/4, Section 4, T2S, R67W, 6th P.M., Adams County, at a point approximately
2,721 feet South and 2,140 feet East of the Northwest corner of said Section 4. (b) The headgate of the
Brighton Ditch, on the west bank of the South Platte River in the SE 1/4 of the SE 1/4, Section 11, T1S,
R67W, 6th P.M., Adams County, at a point approximately 780 feet North and 1,120 feet West of the
Southeast corner of said Section 11. (c) Rogers Pit South Platte River Diversion A: On the west bank of
the South Platte River in the NE 1/4 of the NE 1/4, Section 1, T1S, R67W, 6th P.M., Adams County, at a
point approximately 1,000 feet south and 50 feet west of the Northeast corner of said Section 1. (d) Rogers
Pit South Platte River Diversion B: On the northwest bank of the South Platte River in the NW 1/4 of the
SW 1/4, Section 6, T1S, R66W, 6th P.M., Adams County, at a point approximately 2,480 feet South and
300 feet East of the Northwest corner of said Section 6. v. Hammer Pit. (1) The decreed location for this
facility is the SE 1/4, the S 1/2 of the NE 1/4, and the SE 1/4 of the NW 1/4 of Section 14; and the E 1/2 of
the NW 1/4, and NW 1/4 of the NE 1/4, Section 23, T1S, R67W, 6th P.M., Adams County. In Case No.
2018CW3158, Thornton applied to change the location to the as-built location in the E1/2 SW1/4, and W1/2
SE1/4, Section 14; and the NW1/4, NW1/4 NE1/4 and N1/2 SW1/4, Section 23, T1S, R67W, 6th P.M., in
Adams County, Colorado. (2) The decreed capacity is 1,600 AF. In Case No. 2018CW3158, Thornton
applied to change 516.1 AF from the Cooley East Pit to the Hammer Pit describe above. The new total for
the Hammer Reservoir is 2,116.1 AF. (3) The decreed points of diversion are: (a) The headgate of the
Brantner Ditch, described above. (b) Hammer Pit South Platte River Diversion A: On the west bank of the
South Platte River in the NE 1/4 of the NW 1/4 of Section 23, T1S, R67W, 6th P.M., Adams County, at a
point approximately 1,100 feet south and 2,500 feet east of the Northwest corner of said Section 23. (c)
Hammer Pit South Platte River Diversion B: On the west bank of the South Platte River in the SE 1/4 of
the NE 1/4 of Section 14, T1S, R67W, 6th P.M., Adams County, at a point approximately 2,400 feet south
and 580 feet west of the Northeast corner of said Section 14. vi. Cooley East Pit. (1) This facility is
located in the S 1/2 of Section 9, and the NW 1/4 of Section 16, T2S, R67W, 6th P.M., Adams County. (2)
The decreed capacity is 5,100 AF. In Case No. 2018CW3158, Thornton applied to change 516.1 AF from
the Cooley East Pit to the Hammer Pit describe above. The new total for the Cooley East Pit is 4,583.9 AF.
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(3) The decreed point of diversion is at the headgate of the Fulton Ditch, on the east bank of the South
Platte River in the NE 1/4 of the SE 1/4, Section 17, T2S, R67W, 6th P.M., Adams County, at a point
approximately 2,815 feet South and 145 feet West of the Northeast corner of said Section 17. Thornton
has the right to use capacity in the Fulton Ditch. (4) In addition, Thornton may divert water into the Cooley
East Pit by exchange, using the Burlington Ditch. The point of diversion for the Burlington Ditch in the
Original Decree is on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, T3S,
R68W, 6th P.M. in Adams County at a point approximately 2,200 feet West and 2,300 feet South of the
Northeast corner of said section. vii. Cooley West Complex. (1) This facility is located in the NE1/4,
N1/2 of the SE1/4, NE1/4 of the SW1/4, and E1/2 of the NW1/4, Section 17, T2S, R67W, 6th P.M., Adams
County. This legal description is based on the change of water rights decreed in Case No. 04CW326. (2)
The decreed capacity is 4,411.37 AF. This amount is based on the change of water rights decreed in Case
No. 04CW326. (3) The decreed points of diversion are: (a) The combined headgate of the Lower Clear
Creek Ditch and Colorado Agricultural Ditch, on the north bank of Clear Creek in the SW1/4 of the SE1/4,
Section 4, T3S, R68W, 6th P.M., Adams County, at a point approximately 1,200 feet North and 1,400 feet
West of the Southeast corner of said section. (b) Cooley West Pit South Platte River Diversion: On the
northwest bank of the South Platte River in the SW 1/4 of the NW 1/4, Section 20, T2S, R67W, 6th P.M.,
Adams County, at a point approximately 3,780 feet North and 15 feet East of the Southwest corner of said
Section 20. (c) In addition, Thornton may divert by exchange at the Burlington Ditch and deliver water to
the Cooley West Complex through the West Sprat-Platte Pit or the East Sprat-Platte Pit, described hereafter.
viii. West Sprat-Platte Pit. (1) This facility is located in the SW 1/4, Section 17, and the NW 1/4 of the
NW 1/4, Section 20, T2S, R67W, 6th P.M., Adams County. (2) The decreed capacity is 1,900 AF. (3)
The decreed points of diversion are: (a) The combined headgate of the Lower Clear Creek Ditch and
Colorado Agricultural Ditch, described above. (b) West Sprat-Platte Pit South Platte River Diversion: On
the northwest bank of the South Platte River in the SW 1/4 of the NW 1/4, Section 20, T2S, R67W, 6th
P.M., Adams County, at a point approximately 3,780 feet North and 15 feet East of the Southwest corner
of said Section 20. (c) In addition, Thornton may divert water into the West Sprat-Platte Pit using the
Burlington Ditch as a point of diversion. ix. East Sprat-Platte Pit. (1) This facility is located in the S 1/2
of the SW 1/4, SW 1/4 of the SE 1/4, Section 17, and NW 1/4, and NW 1/4 of the NE 1/4, Section 20, T2S,
R67W, 6th P.M., Adams County. (2) The decreed capacity is 1,500 AF. (3) The decreed points of
diversion are: (a) The Burlington Ditch. (b) East Sprat-Platte Pit South Platte River Diversion A (Sprat-
Platte Ranch East Pit): On the southeast bank of the South Platte River in the SW 1/4 of the NW 1/4,
Section 20, T2S, R67W, 6th P.M., Adams County, at a point approximately 3,703 feet North and 136 feet
East of the Southwest corner of said Section 20. (c) East Sprat-Platte Pit South Platte River Diversion B
(North Dahlia Pit and Sprat-Platte Ranch East Pit): On the southeast bank of the South Platte River in the
SW 1/4 of the SE 1/4, Section 19, T2S, R67W, 6th P.M., Adams County, at a point approximately 582 feet
North and 2,073 feet West of the Southeast corner of said Section 19. x. North Dahlia Pit. (1) This facility
is located in the S 1/2 of the NE 1/4, and SE 1/4, Section 19; the W 1/2 of the SW 1/4, S 1/2 of the NW 1/4,
Section 20, T2S, R67W, 6th P.M., Adams County. (2) The decreed capacity is 2,888.63 AF. This amount
is based on the change of water rights decreed in Case No. 04CW326. (3) The decreed points of diversion
are located at: (a) The Burlington Ditch. (b) North Dahlia Pit South Platte River Diversion: On the
southeast bank of the South Platte River in the SW 1/4 of the SE 1/4, Section 19, T2S, R67W, 6th P.M.,
Adams County, at a point approximately 582 feet North and 2,073 feet West of the Southeast corner of said
Section 19. c. Additional Facilities. Thornton has the right to divert, and to store where storage vessels are
involved, at the following facilities, by exchange or substitution, pursuant to the Original Decree. The
maximum rates of flow described for each facility apply to diversions made pursuant to the Original Decree,
but do not limit the rates of flow at which water may be diverted or stored under other water rights exercised
at the same facility. i. Thorncreek Golf Course Diversion. (1) Location: On the south bank of Big Dry
Creek in the SW 1/4 of the NE 1/4 of Section 27, T1S, R68W, 6th P.M., Adams County, at a point
approximately 2,013 West and 1,980 feet South of the Northeast corner of said Section 27. (2) Maximum
flow rate: 5 c.f.s. ii. Croke Canal. (1) Location: On the north bank of Clear Creek in the NW 1/4 of the
NE 1/4 of Section 26, T3S, R70W, 6 P.M., Jefferson County, at a point which is approximately 2,700 feet
19
East and 250 feet South of the Northwest corner of said Section 26. (2) Maximum flow rate: 200 c.f.s. iii.
Farmers’ High Line Canal. (1) Location: On the north bank of Clear Creek in the NW 1/4 of the SW 1/4
of Section 27, T3S, R70W, 6 P.M., Jefferson County, at a point approximately 950 feet East and 1,500 feet
North of the Southwest corner of said Section 27. (2) Maximum flow rate: 200 c.f.s. iv. South Dahlia Pit.
(1) Located southeast of the South Platte River in the NE 1/4, NW 1/4 of the SE 1/4, and E1/2 of the NE
1/4 of the SW 1/4 of Section 30, T2S, R67W, 6th P.M., Adams County. (2) Water may be diverted by
exchange into the South Dahlia Pit through the Burlington Ditch. (3) Diversions to the South Dahlia Pit
are subject to the Burlington Ditch’s flow rate limitation of 200 c.f.s. v. West Gravel Lakes. (1) Located
just west of the South Platte River in Sections 25 and 36, T2S, R68W, and Section 30, T2S, R67W, 6 P.M.,
Adams County. (2) Water may be diverted into the West Gravel Lakes through the Lower Clear Creek
and Colorado Agricultural Canals, and through the Burlington Ditch. (3) Diversions to West Gravel Lakes
are subject to the Burlington Ditch’s flow rate limitation of 200 c.f.s. as well as the combined headgate of
the Lower Clear Creek and Colorado Agricultural Ditches’ flow rate limitation of 200 c.f.s. vi. East Gravel
Lakes (a.k.a. Tani Lakes). (1) Located adjacent to the east bank of the South Platte River, in Sections 25
and 36, T2S, R68W, and Sections 30 and 31, T2S, R67W, 6th P.M., Adams County. (2) Water may be
diverted by exchange into the East Gravel Lakes through the Burlington Ditch, and/or the Colorado
Agricultural and the Lower Clear Creek Canals. (3) Diversions to East Gravel Lakes are subject to the
Burlington Ditch’s flow rate limitation of 200 c.f.s. as well as the combined headgate of the Lower Clear
Creek and Colorado Agricultural Canals’ flow rate limitation of 200 c.f.s. vii. Brannan Lake (1) Located
in the SW 1/4 of Section 35, T2S, R68W, 6th P.M., Adams County. (2) Water may be diverted into
Brannan Lake through the combined Colorado Agricultural and Lower Clear Creek headgate. (3)
Diversions to Brannan Lake are subject to the combined headgate of the Lower Clear Creek and Colorado
Agricultural Canals’ flow rate limitation of 200 c.f.s. viii. Standley Lake Reservoir (1) Located in parts
of Sections 16, 17, 20, 21, 22, 27, 28 and 29, T2S, R69W, 6th P.M., Jefferson County. (2) Water may be
diverted into Standley Lake Reservoir through the Croke Canal and the Farmers’ High Line Canal. (3)
Diversions to Standley Lake are subject to a flow rate limitation of 200 c.f.s. 5. Dates of Appropriation.
Thornton initiated the appropriations for Thornton’s 96CW1116 Water Rights on December 31, 1996,
except for exchanges via the Burlington Ditch into the Cooley East Pit, West Sprat-Platte Pit, or Cooley
West Pit (nka Cooley West Complex), which Thornton initiated on May 23, 2003. 6. Rates of Exchange.
The conditional and absolute portion of the 96CW1116 Water Rights are: a. Exchanges to the Patterson
Ditch (diversions for the Doeringsfeld Pit and Doeringsfeld Pit, First Enlargement): 370 c.f.s., conditional.
b. Exchanges to the Lupton Bottom Ditch (diversions for the Fort Lupton Pit): 150 c.f.s., conditional. c.
Exchanges to the Big Dry Creek Diversion for the Fort Lupton Pit: 80 c.f.s., conditional. d. Exchanges to
the South Platte River Diversion for the Fort Lupton Pit: 300 c.f.s., conditional. e. Exchanges to the
Brantner Ditch (diversions for the Rogers Pit and Hammer Pit): 110 c.f.s., conditional. f. Exchanges to the
Brighton Ditch (diversions for the Rogers Pit): 45 c.f.s., conditional. g. Exchanges to the South Platte
River Diversion A for the Rogers Pit: 300 c.f.s., conditional. h. Exchanges to the South Platte River
Diversion B for the Rogers Pit: 300 c.f.s., conditional. i. Exchanges to the South Platte River Diversion A
for the Hammer Pit: 300 c.f.s., conditional. j. Exchanges to the South Platte River Diversion B for the
Hammer Pit: 300 c.f.s., conditional. k. Exchanges to the combined headgate of the Lower Clear Creek and
Colorado Agricultural Ditch (diversions for the Cooley West Complex, West Sprat-Platte Pit, East Gravel
Lakes, West Gravel Lakes, Brannan Lakes): 200 c.f.s., conditional. l. Exchanges to the Fulton Ditch
(diversions for the Cooley East Pit): 300 c.f.s., conditional. m. Exchanges to the Burlington Ditch
(diversions for the Cooley East Pit, Cooley West Complex, East Sprat-Platte Pit, West Sprat-Platte Pit,
North Dahlia Pit, South Dahlia Pit, West Gravel Lakes, East Gravel Lakes): 10 c.f.s., absolute; 190 c.f.s.,
conditional. n. Exchanges to the Cooley West Complex South Platte River Diversion: 300 c.f.s.,
conditional. o. Exchanges to the West Sprat-Platte Pit South Platte River Diversion: 300 c.f.s., conditional.
p. Exchanges to the East Sprat-Platte Pit South Platte River Diversion A: 300 c.f.s., conditional. q.
Exchanges to the East Sprat-Platte South Platte River Diversion B: 300 c.f.s., conditional. r. Exchanges to
the North Dahlia Pit South Platte River Diversion: 300 c.f.s., conditional. s. Exchanges to the Thorncreek
Golf Course Diversion: 5 c.f.s., conditional. t. Exchanges to the Croke Canal: 200 c.f.s., conditional. u.
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Exchanges to the Farmers’ High Line Canal: 200 c.f.s., conditional. v. Exchanges to the Standley Lake
Reservoir through the Croke Canal or the Farmers’ High Line Canal: 200 c.f.s., conditional. 7. Beneficial
Use. The water diverted pursuant to the exchanges for which the substitute supply is fully consumable water
will be used directly or by exchange or substitution, 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 Thornton's water supply system,
including further exchange within Thornton's system and with other water users. Thornton may fully
consume such water used through its municipal system and may do so by direct use, storage and subsequent
release, reuse, successive use, further exchange and disposition to the same extent Thornton is entitled to
consume the sources of substitute supply provided for exchange. Following one or more uses, Thornton
may use this water as substitute supply and to meet replacement or other obligations for any of its other
decreed water rights. 8. Place of Use. The place of use is the service area of the City of Thornton, described
in paragraph 6 of the Original Decree, as it now exists and as it may exist in the future, and the lands of
other water users in the South Platte River Basin (including, but not limited to, the Cache la Poudre River
Basin) to whom Thornton may release water in satisfaction of replacement or return flow obligations. 9.
Sources of Substitute Supply. As decreed in paragraph 22 of the Original Decree and consistent with
paragraph 58 of the 2011CW203 Decree, the water released as substitute supply for Thornton’s 96CW1116
Water Rights will be derived from the following sources: (1) transmountain water rights of the Water
Supply and Storage Company, in which Thornton is a shareholder, including water diverted or stored
through the exercise of such rights and the surface and subsurface return flows from the use of said rights
(excluding, however, water and return flows attributable to the water rights comprising the Colorado-Big
Thompson Project); (2) reusable effluent and non-sewered (e.g. lawn irrigation) return flows, including
those generated by the use of waters or water rights included in this paragraph 16; and (3) any other water
rights or rights to water currently owned by or acquired by Thornton in the future to the extent they are
fully consumable or have been decreed for use as substitute supply at the time Thornton seeks to apply them
to such use. 10. Detailed outline of what has been done toward completion of the appropriation and
application of water to beneficial use as conditionally decreed, including expenditures. During the
decreed diligence period (i.e. the period between October 27, 2011, the date following the last diligence
application was filed, and September 30, 2019, the date this application was filed), Thornton performed the
following work and incurred the following costs, all or in part, concerning the remaining conditional portion
of the “Subject Water Rights”, including work and expenditures on specific structures integral to the diversion
and use of the Subject Water Rights and in the further development of Thornton’s integrated water supply
systems within which the Subject Water Rights have been and will be placed to beneficial use. The work
done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to
present evidence of additional activities and costs in support of its application in this case, including at trial.
a. West Sprat-Platte Pit: Thornton spent over $13.7 million on development of West Sprat-Platte Pit as a
water storage reservoir. Costs include lining the reservoir, constructing facility improvements,
interconnecting the reservoir to Cooley West and East Sprat, and other improvements. b. Cooley West
Complex: Thornton spent over $1,135,000 on various facility improvements during the diligence period
including spillway construction for flood mitigation. c. East Sprat Platte Pit: Thornton spent approximately
$437,000 on improvements to this reservoir. d. Cooley East Pit: Thornton spent approximately $8.09
million on acquisition of the Cooley East Pit and facility design. e. Hammer Pit: Thornton spent
approximately $17.9 million on development of the Hammer Pit as a water storage reservoir. Costs include
acquisition of the reservoir and property, development and construction of reservoir infrastructure,
including a pump station and spillways, rip-rap of the eastern shoreline, and other facility improvements.
f. Rogers Pit: Thornton spent approximately $8.5 million on development of the Rogers Pit as a water
storage reservoir. Costs include acquisition of the reservoir and property, development and construction of
reservoir infrastructure, including a pump station, rip-rap of the shoreline, and other facility improvements.
g. North Dahlia Pit: Thornton spent approximately $30,000 on the North Dahlia outlet gate. h. Gravel
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Lakes Rip Rap: Thornton spent more than $500,000 on design and installation of rip rap protection at
eroding slopes on several gravel lakes. i. Gravel Lakes Coordination and Planning: Thornton spent
approximately $61,000 to perform general engineering and design services associated with Thornton’s
gravel lakes reservoirs. j. Standley Lake: Thornton spent approximately $759,000 on repairs and
improvements at Standley Lake, including Bypass Lines replacement, Standley Lake Pipeline rehab, and
spillway repairs. k. Burlington Ditch Canal Diversion Rehab: Thornton spent approximately $379,000 to
rehabilitate the City’s diversion facility from the Burlington Canal. This work is ongoing. l. Fulton Ditch
Turnout Extension – Cooley East: Thornton spent $138,000 to design and construct a 150 cfs diversion to
fill the Cooley East reservoir from the Thornton turnout at the Fulton Ditch. This work is ongoing. m.
Fulton Payment: Thornton acquired a Carriage Easement from the Fulton Ditch Company for the first use
of excess capacity at a cost of $250,000. n. Standley Lake Operating Committee (SLOC): As a member
of SLOC, Thornton is responsible for a third of operating and maintenance costs involving Standley Lake.
These costs were approximately $770,000. o. Ditch Company Assessments: Thornton paid assessments
according to its share ownership in various ditch companies associated with the Subject Water Rights
including, Burlington $77,000; Lower Clear Creek $408,000; Colorado Ag $343,000; Fulton $336; Water
Supply and Storage Company $6.7 million,; Farmers Reservoir and Irrigation Company – Standley Lake
Division $93,000, Farmer Highline Canal and Reservoir Company, $677,000. p. Ditch Company Carriage
Fees and Maintenance Payments: Thornton paid carriage fees and maintenance payments to several ditch
companies associated with the Subject Water Rights including, Lower Clear Creek/Colorado Ag $143,000;
Farmers’ High Line $1,000; Henrylyn $45,000; and Delta Irrigation Company $32,400. q. Prosecution of
Case No. 04CW326: This decree refined the storage volumes for Cooley West and North Dahlia decreed
in Case No. 91CW126, corrected the Cooley West legal description, and adjudicated additional diversion
locations for Cooley West. Thornton spent $148,000 on legal and engineering fees for this application. r.
Prosecution of Case No. 18CW3120: Thornton filed an application and obtained a decree finding diligence
on the Exchange Reservoirs and making absolute a portion of the Rogers Pit. Thornton spent $11,000 on
this application. s. Prosecution of Case No. 2018CW3158: Thornton filed an application to among other
things change the location of part of the storage right for the Cooley East Pit to the Hammer Pit at its as
built location. To date, Thornton has spent $100,000 on legal and engineering fees for this application t.
Water Court Oppositions: Thornton has actively participated in water court proceedings to protect the
Subject Water Rights. Legal and engineering costs incurred relating to the protection of Thornton’s Clear
Creek, South Platte River, and Cache la Poudre water rights portfolio, including the Subject Water Rights,
during the diligence period were over $1.5 million. u. This application contains a summary of diligence
activities and costs. Thornton may present additional evidence regarding the activities and costs above or
other diligence activities and costs on its integrated water system in support of its application in this case.
11. Amounts Claimed as Absolute. Thornton claims the following amounts of the Subject Water Rights
as absolute: a. Between July 15 and 19, 2019, Thornton operated an exchange from Chambers Lake to
Standley Lake Reservoir through Farmers’ High Line Canal at a maximum rate of 7.5 c.f.s. and put that
water to beneficial use. Accordingly, Thornton seeks confirmation of 7.5 c.f.s of the 200 c.f.s decreed for
this exchange as absolute with the rate of 192.5 c.f.s remaining conditional. b. Thornton claims the right
to confirm additional amounts as absolute, without further notice or publication, based on its exercise of
the Subject Water Rights from the date of their appropriation up to the time of any hearing in these
proceedings. 12. Remarks. a. Thornton has a specific plan and intent to complete the conditional
appropriations of the Subject Water Rights and can and will complete them in a reasonable time. b. The
Subject Water Rights are part of Thornton’s integrated municipal water system. 13. Names and addresses
of owners or reputed owners of land on which any new diversion or storage structure or modification
to any existing diversion or storage structure or existing storage pool is or will be located, or upon
which water is or will be stored. a. See attached Exhibit C. Prayer for Relief Thornton respectfully
requests that the Court find that Thornton has exercised reasonable diligence with respect to the Subject
Water Rights and continue those conditional water rights in full force and effect for the period allowed by
law, confirm the absolute amounts as listed above or as may be perfected before a hearing, and award such
other relief as the Court determines is proper. (23 Pages including 3 Exhibits)
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19CW3182, Ice House, LLC, 10300 Wildfield Lane, Littleton, CO 80125 (James J. Petrock, Petrock
Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR
UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR
APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY ARAPAHOE
AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY. 2.2 acres generally located in the
NE1/4SE1/4 of Section 20, T6S, R68W of the 6th P.M., as described and shown on Attachment A hereto
("Subject Property"). The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox
Hills aquifers is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.
Estimated Amounts: Arapahoe: 0.98 acre-feet, Laramie-Fox Hills: 0.59 acre-feet. Proposed Use: Domestic,
commercial, industrial, irrigation, fire protection, and augmentation purposes, including storage, both on
and off the Subject Property. Groundwater to be augmented: The available amount of Arapahoe aquifer
groundwater requested herein, including any groundwater which is associated with Well Permit No. 10261.
Water rights to be used for augmentation: Return flows from the use of not nontributary Arapahoe aquifer
groundwater and direct discharge or return flows from use of nontributary Laramie-Fox Hills aquifer
groundwater decreed in Case No. 11CW49, and generally located in the NW1/4 of Section 23, T7S, R68W
of the 6th P.M. Statement of plan for augmentation: The Arapahoe aquifer groundwater will be used through
an existing Arapahoe aquifer well (Permit 10261-A) to supply the Subject Property with inhouse use in one
residence, commercial, light industrial, and irrigation use. Applicant reserves to amend these uses without
amending or republishing the application. Applicant’s existing well is located within 600 feet of an
Arapahoe aquifer well located off of the Subject Property and the owner of that well has waived any 600
foot spacing issue for the existing well (Attachment B). During pumping Applicant will replace actual
depletions or an amount equal to 4% of the annual amount withdrawn pursuant to Section 37-90-137(9)(c),
C.R.S. Depletions occur to the Plum Creek stream system, and return flows from use of the water on the
Subject Property are sufficient to replace the required amount while the groundwater is being pumped.
Applicant will reserve an equal amount of nontributary groundwater described above to meet post pumping
augmentation requirements. Further, Applicant prays that this Court grant the application and for such other
relief as seems proper in the premises. (7 pages).
2019CW3183 CRAIG AND LESLIE SCOTT, 3504 Antelope Circle, Elizabeth, CO, 80107. Eric K.
Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. Application for
Underground Water Rights from Nontributary and Not Nontributary Sources and Approval of Plan
for Augmentation in ELBERT COUNTY. 1. Subject Property: Applicants own 40.05 acres being in
the SE1/4, Section 25, Township 8 South, Range 65 West of the 6th P.M., County of Elbert, State of
Colorado. 2. Well Permits: There is one existing Upper Dawson exempt well on the Subject Property
registered under well permit number 239551. Additional well permits will be applied for prior to
construction of the wells. 3. Source of Water Rights: The Upper Dawson aquifer is not nontributary as
described in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills
aquifers are nontributary as described in C.R.S. § 37-90-103(10.5). 4. Estimated Amounts: Applicants
estimate the following annual amounts are available in each aquifer: Upper Dawson, 13.31 af/yr; Lower
Dawson, 9.08 af/yr; Denver, 14.18 af/yr; Arapahoe, 13.60 af/yr; Laramie-Fox Hills, 13.93 af/yr. 5.
Proposed Uses: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation
purposes, including storage, both on and off the Subject Property. 6. Jurisdiction: The Water Court has
jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), and 97-92-
302(2). 7. Summary of Plan for Augmentation: A. Groundwater to be Augmented: Approximately 4
acre-feet per year of Upper Dawson aquifer groundwater. B. Water Rights to be Used for Augmentation:
Return flows from the use of not nontributary and nontributary groundwater and direct discharge of
nontributary groundwater. C. Statement of Plan for Augmentation: The Upper Dawson Aquifer
groundwater will be used for in-house use in up to three (3) single-family residences, irrigation, including
lawn, garden, trees, pasture, and hay on the Subject Property, livestock watering, fire protection, through a
new or existing well (Permit No. 239551). Applicants reserve the right to revise the annual amount to be
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withdrawn and the proposed uses without having to amend or republish the application. Sewage treatment
for in-house use will be provided by non-evaporative septic systems, and return flows from in-house and
irrigation use will be approximately 90% and 15% of those uses, respectively. During pumping Applicants
will replace actual depletions to the affected stream systems pursuant to C.R.S. § 37-90-137(9)(c.5).
Applicants estimate that depletions occur to the Running Creek stream system. Return flows accrue to the
South Platte River stream system via Running Creek, and those return flows are sufficient to replace actual
depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of
nontributary groundwater underlying the Subject Property to meet post-pumping augmentation
requirements. 8. WHEREFORE, Applicants request the court approve the above underground water right,
plan for augmentation, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally
available for withdrawal, find there will be no material injury to the owners of or persons entitled to use
water under any vested water right or decreed conditional water right, and grant such other and further relief
as is appropriate. 4 Pages.
19CW3184 Marick’s Farm, C/O Coy and Bernadette Marick, 28105 County Road 75, Crook, CO, 80726.
C/O Lawrence Jones Custer Grasmick, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534
(970)622-8181. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN
LOGAN COUNTY. CLAIM FOR NEW CONDITIONAL UNDERGROUND WATER RIGHTS 2.
Description of New Water Rights. 2.1 Name: Carwin Well #1 2.1.1. Legal Description of Point of
Diversion: SE 1/4 of the SE 1/4, Section 28, Township 10 North, Range 50 West of the 6th P.M., Logan
County, Colorado, at a point 70 North and 1150 feet west of the SE Corner of said Section 28. 2.1.2.
Source: Groundwater tributary to the South Platte River. 2.1.3. Appropriation Date: September 30, 2019.
2.1.4. How Appropriation was Initiated: Formation of intent to appropriate water for beneficial use; filing
of this Application. 2.1.5. Amount Claimed: 2.5 cubic feet per second. 2.1.6. Date Water First Applied
to Beneficial Use: Not applicable, conditional water right. 2.1.7. Uses: Irrigation of 45 acres in the SE 1/4
of the SE 1/4 in Section 28 and NE 1/4 of the NE 1/4 of Section 33, both in Township 10 North, Range 50
West of the 6th P.M., Logan County, Colorado. 2.1.8. Remarks: A water right was decreed for Carwin
Well No. 1 in Case No. W-3852, with an appropriation date of December 31, 1942 for irrigation of 12 acres
in the SE 1/4 of the SE 1/4, Section 28, Township 10 North, Range 50 West of the 6th P.M., Logan County,
Colorado. By this Application, Applicant seeks a decree to include an additional 45 acres to be irrigated
by Carwin Well No. 1 under the appropriation date in 2.1.3 above. Carwin Well No. 1 is currently permitted
under permit number 19046-F and Applicant will take the necessary steps to have Carwin Well No. 1
permitted to allow the uses claimed in this Application. Out-of-priority depletions caused by diversions of
the Carwin Well No. 1 for irrigation uses as decreed in Case No. W-3852 are augmented by Lower Logan
Well Users, Inc. (“Lower Logan”) pursuant to the plan for augmentation decreed in Case No. 03CW208
(“03CW208 Decree”). The out-of-priority depletions caused by diversions of Carwin Well No. 1 for the
uses claimed in this Application will also be augmented by Lower Logan pursuant to the terms of the
03CW208 Decree, following addition of the water right claimed in this Application to the Lower Logan
plan for augmentation in accordance with paragraph 33.6 of the 03CW208 decree, or pursuant to an
approved substitute water supply plan. 3. Name and Address of Owners of Structures. Applicant owns the
structures and the land upon which the structures are located.
19CW3185 (Case Nos. 79CW375, 89CW078, 98CW294, 08CW253) THE CITY OF AURORA,
COLORADO, acting by and through its Utility Enterprise, 15151 East Alameda Parkway, Suite 3600,
Aurora, Colorado 80012-1555, (303) 739-7370, E-mail: AuroraWater@auroragov.org. Attorneys: John
M. Dingess and Teri L. Petitt (Special Counsel), Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S.
Yosemite Street, Suite 500, Denver, Colorado 80237, phone (303) 779-0200, fax (303) 779-3662,
mail@hrodlaw.com, jdingess@hrodlaw.com, poolteri@hrodlaw.com. APPLICATION TO MAKE
CONDITIONAL WATER RIGHTS ABSOLUTE, FOR A FINDING OF REASONABLE
DILIGENCE, AND TO CONTINUE CONDITIONAL WATER RIGHTS IN PARK COUNTY. 2.
NAMES AND LEGAL DESCRIPTIONS OF STRUCTURES (shown on Exhibit A, attached hereto): 2.1.
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Spinney Mountain Reservoir. The Spinney Mountain Reservoir dam is located in the South 1/2 of Section 25,
Township 12 South, Range 74 West of the 6th P.M., in Park County, Colorado, on the Middle Fork of the South
Platte River. WDID 2304013, UTM X 446141, UTM Y 4313879. 2.2. The Confluence of Tarryall Creek and
the South Platte River. The Confluence of Tarryall Creek and the South Platte River is located in the Northeast
quarter of the Northwest quarter of Section 16, Township 11 South, Range 71 West, 6th P.M., in Park County,
Colorado. 3. DESCRIPTION AND HISTORY OF CONDITIONAL WATER RIGHTS: In Water
Division 1, Case No. 79CW375, two conditional exchanges were decreed: 1) up to 5,000 acre-feet on the
South Platte River, from the confluence of Tarryall Creek upstream to Spinney Mountain Reservoir (“South
Platte Exchange”); and 2) up to 20,000 acre-feet on Tarryall Creek, from its confluence with the South
Platte River upstream to the proposed Spruce Grove Reservoir (“Tarryall Exchange”). The City of
Thornton was the original applicant in Case No. 79CW375 and in two of the subsequent diligence
proceedings. On November 21, 2003, Aurora purchased the water rights from Thornton. In Water Division
1, Case No. 08CW253, Aurora abandoned the Tarryall Exchange water right. This Application pertains to
the South Platte Exchange only. 3.1. Date of Original Decree: May 30, 1985, Case No. 79CW375, District
Court, Water Division 1, Colorado. 3.2. Dates of Subsequent Diligence Decrees: 3.2.1. August 12, 1992,
Case No. 89CW078, District Court, Water Division 1, Colorado. 3.2.2. November 5, 2002, Case No.
98CW294, District Court, Water Division 1, Colorado. 3.2.3. September 22, 2013, Case No. 08CW253,
District Court, Water Division 1, Colorado. 3.3. Legal Descriptions: See Paragraph 2, above. 3.4. Sources:
The Original Decree describes the sources of replacement water for the South Platte Exchange as any source
owned or controlled by Thornton capable of delivering water into Tarryall Creek. In 2003, Aurora obtained
ownership of this water right as well as certain of those rights decreed as sources of replacement water for the
South Platte Exchange herein. These sources are identified in Exhibit B, attached hereto. The Original Decree
also provides that additional water rights to be exchanged may be incorporated into that decree upon motion,
with notice to all objectors and such additional notice as the Water Court may require. Only those water rights
specifically decreed for diversion at Spinney Mountain Reservoir may be used as a replacement source under
the South Platte Exchange herein. 3.5. Exchange Reach (shown on Exhibit A): 3.5.1. Exchange To Point:
Spinney Mountain Reservoir. 3.5.2. Exchange From Point: Confluence of Tarryall Creek and the South Platte
River. 3.6. Amount: 5,000 acre-feet, total. 3.6.1. Absolute: 1,466.79 acre-feet, at a maximum flow rate of
56.67 c.f.s. (decreed in Case No. 08CW253). 3.6.2. Conditional: 3,533.21 acre-feet. 3.7. Appropriation Date:
December 31, 1979. 3.8. Uses: Water stored pursuant to the terms of the exchange decreed herein shall be
used directly or by exchange for all beneficial uses including municipal uses, domestic, irrigation, mechanical,
manufacturing, industrial, generation of electric power, power generally, fire protection, use for sewage
treatment, street sprinkling, watering of parks, lawns and grounds, recreation, fish culture, agricultural uses
located within the service boundaries of the Applicant, for maintenance and preservation of wildlife and
aesthetic values and for the replacement, adjustment and regulation, including exchange, of the units of the City
of Thornton municipal water system (now owned by Aurora) within themselves and with other water users. 4.
DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR
COMPLETION OF THE APPROPRIATIONS AND APPLICATION OF WATER TO A
BENEFICIAL USE AS CONDITIONALLY DECREED. During the diligence period of September 2013
through September 2019, Aurora performed the following work and made the following expenditures toward
completion of the appropriations and application of the water rights decreed in the Original Decree to beneficial
use (expenditure numbers are rounded to the nearest $1,000). 4.1. Project Specific Efforts: During the
diligence period, Aurora has done at least the following project specific work toward completion of the
appropriations and application of the conditional water rights decreed in Case No. 79CW375 to beneficial
use: 4.1.1. Spinney Mountain Reservoir. Aurora expended over $809,000 for facility upgrades during the
diligence period, including internal outlet works inspections, applications of protective coatings on outlet
pipes, assessment, design and extension of the storm drainage systems below the dam, installation of filter
trench drains, measurement devices, and installation of heater jackets over valve operators. 4.1.2. Jefferson
Lake. Aurora expended over $1,160,000 during the diligence period for dam upgrades, maintenance, and
repairs. These activities included design and installation of a synthetic liner. Jefferson Lake is decreed as
an alternate point of diversion for several of the exchanged water rights listed on Exhibit B. 4.1.3. Legal
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Activities. During the subject diligence period, Aurora spent in excess of $7,000 on legal activities directly
related to the exchange herein. 4.2. System-wide Efforts: During the diligence period, Aurora has
accomplished at least the following efforts with regard its water supply system components in the South
Platte River Basin which are necessary for use of the water from the South Platte Exchange: 4.2.1. Metro
Wastewater Reclamation District Charges. Aurora expended at least $159,625,000 during this diligence
period for fees for wastewater treatment of its water at the Metro Wastewater Reclamation facility. Such
treatment is necessary for reuse of the water that is the subject of the exchanges herein within the South
Platte River Basin and to comply with water reuse requirements. 4.2.2. Sand Creek Water Reuse Plant
Improvements. Aurora operates the Sand Creek Water Reuse Plant, a 5-million-gallon per day facility,
which provides treated water used for irrigation throughout the City and for discharge into Sand Creek for
use as a replacement source for the exchanges herein. Improvements to this facility completed during this
diligence period cost at least $278,000. Aurora also expended an additional $466,000 in operating costs
for the Sand Creek plant. This work is necessary for reuse within the South Platte River Basin of the water
that is the subject of the exchanges herein and also to comply with water reuse requirements. 4.2.3.
Griswold Water Treatment Plant Renovations. This facility treats a portion of the raw water exchanged
under the Original Decree before it is delivered to Aurora’s customers. More than $7,365,000 was spent
by Aurora for improvements to this facility necessary to accommodate the water that is the subject of the
exchange herein. This includes expenditures directly by Aurora for renovation of the facility. 4.2.4.
Wemlinger Water Treatment Plant Expansion. Aurora spent more than $39,824,000 for expansion of the
Wemlinger Water Treatment Plant. This facility treats a portion of the raw water exchanged under the
Original Decree before it is delivered to Aurora’s customers. 4.2.5. Improvements to Extend and Improve
Water Service in and to Aurora. More than $26,735,000 was spent by Aurora for extension and upgrade of
its water transmission system necessary to deliver the water that is the subject of the exchange herein to
Aurora’s customers. 4.2.6. Automated Meter Reading System. Aurora spent more than $1,409,000 for
updates to its automated utility reading system. This is needed for efficient operation of Aurora’s water
supply and delivery system, including use of the water that is the subject of the exchange herein. 4.2.7.
Improvements to Sanitary Sewer System. More than $47,705,000 was spent by Aurora for extension and
upgrade of its sanitary sewer system necessary for wastewater treatment and reuse within the South Platte
River Basin of the water that is the subject of the exchange herein. 4.2.8. Prairie Waters Project. The
Prairie Waters Project is a large comprehensive water supply, storage and treatment project in which return
flows to the South Platte River from Aurora’s water sources, including the water that is the subject of the
exchange herein, may be rediverted for subsequent reuse. To facilitate this project Aurora obtained various
decrees in Case Nos. 06CW104, 03CW414, and 03CW415, Water Division 1. This project allows further
reuse of much of the water decreed to Aurora. During the diligence periods, Aurora obtained a decree in
Case No. 13CW3088, WD-1, finding reasonable diligence for the water rights decreed conditionally in
03CW414 (decreed April 22, 2014), Aurora obtained a decree in Case No. 14CW3065, WD-1, finding
reasonable diligence for the water rights decreed conditionally in 03CW415 (decreed March 2, 2015), and
Aurora obtained a decree in Case No. 15CW3064, finding reasonable diligence for the water rights decreed
conditionally in Case No. 06CW104 (decreed December 1, 2017). Aurora has expended at least
$42,070,000 on several elements of the Prairie Waters Project during this diligence period. 4.2.9. Lawn
Irrigation Return Flows (LIRFs) Credits. Aurora obtained a decree in Case No. 02CW341, Water Division
1, on September 25, 2008, quantifying LIRFs from its municipal system (and subsequent requantifications
as required by the Decree in 02CW341), generated as a result of use of transmountain water rights, fully
consumable in-basin water rights, decreed and permitted non-tributary sources and any other fully
consumable water available to Aurora. Aurora also installed seventeen new monitoring wells and expends
manpower to monitor these wells every three months. Water that is transported under the exchanges herein
and used in Aurora’s service area can be reused under the decree in Case No. 02CW341. During this
diligence period, Aurora has expended significant sums for engineering and legal costs required to
requantify the LIRFs adjudicated in Case No. 02CW341 available for reuse. 4.2.10. Rampart Reservoir
and Delivery System. More than $17,571,000 was spent by Aurora during this diligence period for
improvements to the Rampart Reservoir delivery system. This reservoir is used to store the water that is
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the subject of the exchanges herein before it is transported through parallel 54” and 40” pipelines to Aurora.
Rampart Reservoir is important for regulation of the flow through these parallel pipelines. 4.2.11. Binney
Water Purification Facility. This state-of-the-art water purification and recycling plant owned and operated by
Aurora treats water for use throughout the City. Over $16,225,000 was spent by Aurora during the diligence
period for improvements to this facility. An additional $666,000 was spent on the Binney Water Purification
Facility filters addition. 4.2.12. Aurora Know Your Flow Program. During the diligence period, Aurora Water
Conservation developed its voluntary Know Your Flow Program designed to help customers understand how
efficiently they are using water. Through the program, Aurora Water Conservation estimates what a customer’s
water use could be for a given billing cycle if the customer were using water efficiently. The customer receives
a monthly e-mail from Aurora Water Conservation showing the property’s actual water use versus the
customized recommended indoor and outdoor water use. Customers also receive weekly watering
recommendations and tips during the irrigation season. The Know Your Flow Program was designed by Aurora
to encourage more efficient use of the water that is the subject of this application. 4.3. Non-Basin Specific
Efforts. 4.3.1. Study of Aurora’s Water Needs. Aurora spent more than $4,315,000 toward engineering
and planning studies to assist in determining the City’s future water needs and a plan to meet those needs,
including treatment and distribution studies, various conservation studies and developing its Non-Potable
System Master Plan. This study will increase the overall efficiency of Aurora’s operations, including use
of the water from the exchange herein. 4.3.2. Aurora Raw Water System Model. Aurora spent $608,000
for consultant fees to develop and support a computer model of Aurora’s raw water system. These costs
are in addition to the modeling efforts included in the engineering and planning studies identified in
paragraph 4.3.1., above. 4.3.3. Protection Efforts. Aurora spent approximately $662,000 for legal services
for participation in Water Division 1 cases to protect the rights and interests of Aurora with regard to its
water supply system, including the subject exchange. 4.4. Other: Aurora reserves the right to identify
additional relevant efforts that may be later discovered or to make upward adjustments to amounts expended
on certain projects. Aurora has an extensive water rights portfolio, an extensive and complex water supply,
collection, treatment and reuse system, and an extensive number of agreements, contracts, leases, etc.
related to its facilities and the use, reuse and storage of its water rights. It is involved in many legal actions
related to the collection, treatment, reuse and protection of its water rights. Further, the management,
protection, and operation of the water rights and the facilities system involve numerous City of Aurora
departments and staff members throughout the state. Aurora made diligent efforts with regard to this
application to determine and quantify all efforts made by the City toward completion of the appropriations
and application of the water rights decreed in Case No. 79CW375 to beneficial use. However, it is
reasonably possible that relevant efforts or expenditures may have been overlooked or need further upward
adjustment. 5. CLAIM TO MAKE ABSOLUTE: Applicant has made absolute the following additional
portions of the South Platte Exchange, totaling 2,264.53 acre-feet, not heretofore made absolute: See Exhibit
C, attached hereto. 5.1. Date Water Applied to Beneficial Use: June 6, 2011. 5.1.1. Amount: 36.49 acre-feet.
5.1.2. Use: The uses described in paragraph 3.8., above. 5.1.3. Description of Place of Use Where Water Was
Exchanged for Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.2. Date Water Applied to
Beneficial Use: June 9, 2011 to June 19, 2011. 5.2.1. Amount: 401.36 acre-feet. 5.2.2. Use: The uses
described in paragraph 3.8., above. 5.2.3. Description of Place of Use Where Water Was Exchanged for
Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.3. Date Water Applied to Beneficial Use: June
20, 2011. 5.3.1. Amount: 59.09 acre-feet. 5.3.2. Use: The uses described in paragraph 3.8., above. 5.3.3.
Description of Place of Use Where Water Was Exchanged for Subsequent Beneficial Uses: Spinney Mountain
Reservoir. 5.4. Date Water Applied to Beneficial Use: June 7, 2013 to June 13, 2019. 5.4.1. Amount: 414.11
acre-feet. 5.4.2. Use: The uses described in paragraph 3.8., above. 5.4.3. Description of Place of Use Where
Water Was Exchanged for Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.5. Date Water
Applied to Beneficial Use: June 8, 2017 to July 8, 2017. 5.5.1. Amount: 713.66 acre-feet. 5.5.2. Use: The
uses described in paragraph 3.8., above. 5.5.3. Description of Place of Use Where Water Was Exchanged for
Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.6. Date Water Applied to Beneficial Use: July
10, 2019 to July 24, 2019. 5.6.1. Amount: 639.82 acre-feet. 5.6.2. Use: The uses described in paragraph 3.8.,
above. 5.6.3. Description of Place of Use Where Water Was Exchanged for Subsequent Beneficial Uses:
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Spinney Mountain Reservoir. 6. NAMES AND ADDRESSES OF OWNERS OR REPUTED OWNERS
OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR
MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING
STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE
STORED: 6.1. Spinney Mountain Reservoir is owned by Applicant, the City of Aurora. WHEREFORE, the
Applicant respectfully requests his Court enter a decree (1) finding the Applicant has executed reasonable
diligence in the development of the above-referenced conditional water rights, (2) awarding the above-
described absolute water rights in the amounts described above, (3) continuing the remaining conditional water
rights in full force as decreed, and for such other and further relief as this Court deems just and proper.
(Application and attachments are 54 pages).
19CW3186 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF,
PENALTIES AND COSTS. Plaintiffs: THE PEOPLE OF THE STATE OF COLORADO, ex rel.
KEVIN G. REIN, State Engineer, and COREY DEANGELIS, Division Engineer for Water Division
1, 1300 Broadway, 7th floor, Denver, CO 80203, (Mark Sarmiento, 720-508-6429 and Paul Benington,
720-508-6309). v. Defendants: LAKE FRONT PARTNERS, a general partnership, 632 Gold Run
Road, Boulder, CO 80302 and ROBERT J. VERMILLION, an individual, 632 Gold Run Road,
Boulder, CO 80302.
19CW3187 EL TESORO DE LOS ANGELES RETREAT CENTER, LLC, MARY GUENZEL 1991
TRUST, and NUESTRA SENORA DE LA PAZ FOUNDATION, P.O. Box 9, Woodland Park,
Colorado, 80866 (Please address all pleadings and correspondence to Applicant’s attorney: John J. Cyran,
Confluence Water Law, LLC, 3570 East 12th Avenue, Suite 311, Denver, CO 80206; (303) 746-3802.)
APPLICATION TO MAKE ABSOLUTE OR FOR FINDING OF REASONABLE DILIGENCE IN
TELLER COUNTY: Applicants, El Tesoro de los Angeles Retreat Center, LLC, Mary Guenzel 1991
Trust, and Nuestra Senora de la Paz Foundation, by and through undersigned counsel, hereby submit this
Application to Make Absolute or for Finding of Reasonable Diligence. In support of this Application,
Applicants state as follows: 1. Underground Water Right for which Applicant seeks a Finding of
Diligence: A. Name of Wells and Permit, Registration or Denial Numbers: El Tesoro Well No. 1
(Permit No. 134048); El Tesoro Well No. 2 (Permit No. 186103); El Tesoro Well No. 3 (Permit No.
284569). El Tesoro Wells No. 1, No. 2, and No. 3 may be referred to herein collectively as the “El Tesoro
Wells.” B. Original Decree for Underground Water Rights: Case No. 12CW124, District Court, Water
Division No. 1, September 19, 2013. C. Location of Wells: El Tesoro Well No. 1 is located in the SE 1/4
SW 1/4 of Section 21, Township 12 South, Range 69 West, 6th P.M., Teller County, as a point
approximately 285 feet from the South Section line and 1,485 feet from the West Section line of said Section
21. The address of the property upon which the well is located is 232 Blossom Road, Woodland Park, Teller
County, Colorado 80863. El Tesoro Well No. 2 is located in the SE 1/4 SW 1/4 of Section 21, Township
12 South, Range 69 West, 6th P.M., Teller County, at a point approximately 220 feet from the South Section
line and 2,300 feet from the West Section line of said Section 21. The address of the property upon which
the well is located is 242 Blossom Road, Woodland Park, Teller County, Colorado 80863. El Tesoro Well
No. 3 is located in the NE 1/4 SW 1/4 of Section 21, Township 12 South, Range 69 West, 6th P.M., Teller
County, at a point approximately 1,370 feet from the South Section line and 1,820 feet from the West
Section line of said Section 21. The address of the property upon which the well is located is 238 Blossom
Road, Woodland Park, Teller County Colorado 80863. The approximate location of the El Tesoro Wells
is shown on the map attached to the Application as Exhibit “A”. D. Amounts: El Tesoro Well No. 1: 5.0
gallons per minute, absolute for domestic and fire protection purposes; conditional for commercial
purposes. El Tesoro Well No. 2: 9.5 gallons per minute, absolute for domestic and fire protection purposes;
conditional for commercial purposes. El Tesoro Well No. 3: 3.0 gallons per minute, absolute for domestic
and fire protection purposes; conditional for commercial purposes. E. Appropriation Dates: El Tesoro
Well No. 1: June 8, 1958. El Tesoro Well No. 2: March 1, 1995. El Tesoro Well No. 3: October 20, 2010.
F. Source of Water: Ground water that is tributary to Mule Creek, Trout Creek, Horse Creek and the South
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Platte River. G. Detailed Description of Steps Applicant Has Taken Toward Completion of
Underground Water Right: Since Applicants obtained a decree for the El Tesoro Wells on September 19,
2013 in Case No. 12CW124, Applicants have taken the following specific steps to make the Wells absolute
for commercial purposes, or for purposes of demonstrating diligence. (i) Since Applicants obtained a decree
in Case No. 12CW124, Applicants have developed and operated the El Tesoro de los Angeles Retreat
Center (the “Retreat Center”) on the property on which the El Tesoro Wells are located. The El Tesoro
Wells have provided the water supply for the Retreat Center. The Retreat Center is a commercial center
for spiritual retreat. Further, Applicants have obtained approval of a Special Use Permit (SUP) from the
Teller County Commissioners. The SUP defines the size and scope of the Retreat Center and the permitted
uses. (ii) Applicants use of the El Tesoro Wells for commercial purposes is evidenced by the operational
records of the Retreat Center, the approval of the SUP, and the Division Engineers’ records demonstrating
continued operation of the El Tesoro Wells. 2. Name and Address of Owner of Land Other than
Applicant upon which Any New or Existing Diversion Structures, or Modification to Existing
Diversion Structure is or will be Constructed: Applicant owns the property upon which the El Tesoro
Wells are located and where water is placed to beneficial use.
19CW3188 VERIFIED COMPLAINT FOR INJUNCTIVE RELEFT, PENALTIES AND COSTS.
Plaintiffs: THE PEOPLE OF THE STATE OF COLORADO, ex rel, KEVIN G. REIN, State
Engineer, and COREY DEANGELIS, Division Engineer for Water Division 1, 1300 Broadway, 7th
floor, Denver, CO 80203, (Mark Sarmiento, 720-508-6429 and Paul Benington, 720-508-6309). v.
Defendant: RICHARD SMITH, an individual, 32002 Soda Creek Drive, Evergreen, CO 80439.
19CW3189, Elizabeth Land, LLC, P.O. Box 902, Elizabeth, CO 80107 (Eric Trout, Petrock Fendel
Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND
WATER RIGHTS FROM NONTRIBUTARY SOURCE AND AMENDMENT OF AUGMENTATION
PLAN, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER. ELBERT COUNTY. Subject
Property: 36.5 acres located in the W1/2NE1/4 of Section 12, T8S, R65W of the 6th P.M., Elbert County,
as described and shown on Attachment A hereto (Subject Property). Source of Water Rights: The Upper
Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Amount: 3.11 acre-
feet per year of Upper Dawson aquifer groundwater being part of the annual amount excluded in Case No.
18CW3094 for use through an exempt well. The decree quantified 6.75 acre-feet per year of Upper Dawson
aquifer groundwater and the additional amount requested herein will bring the total annual amount to 9.86
acre-feet. Proposed Use: Domestic, including in-house, irrigation, livestock watering, and augmentation
purposes. Decree information for which amendment is sought: Case No. 18CW3094, decreed on January
4, 2019. Proposed amendment: In the original decree, an augmentation plan was approved for use of 2.25
acre-feet per year for 300 years of not nontributary Upper Dawson aquifer groundwater for use through
three wells (0.75 acre-feet per well) for in-house use (0.4 acre-feet), irrigation of 5000 square-feet of lawn,
garden and treesm (0.3 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet) for use
on three residential lots. By this application, Applicant requests that the augmentation plan be amended to
allow use of four wells to serve four residential lots which will each withdraw 0.75 acre-feet per year for
300 years for the same uses described above (3 acre-feet per year and 900 acre-feet total). The actual
depletion at 300 years of pumping is 20.8% of the annual amount withdrawn or 0.155 acre-feet for each
well and return flow from in-house use associated with each of the four wells is sufficient to replace actual
depletions associated with pumping of each well for 300 years. Depletions occur to Running Creek and
return flows accrue to that stream system, and additional nontributary groundwater will be reserved use in
the plan for augmentation. No other provisions of the original decree will be changed. Further, Applicant
prays that this Court grant the application and for such other relief as seems proper in the premises. (4
pages).
19CW3190 Stahl Ranch, LLC c/o Brian Stahl, 1517 Linden Lake Road, Fort Collins, CO, 80524 c/o
Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534
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(970)622-8181. APPLICATION FOR CORRECTION TO AN ESTABLISHED BUT
ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. § 37-92-305(3.6)
in LARIMER COUNTY. 2. Decreed Name of Structure: Link Ditch No. 2, including the Link Ditch
No. 2 Enlargement. 2.1. Original Decrees: Case No. CA1247 (Link Ditch No. 2); CA 2725 Link Ditch
No. 2 Enlargement. 2.2. Adjudication Dates: October 30, 1896 (Link Ditch No. 2); February 20, 1914 and
October 11, 1906 (Link Ditch No.2 Enlargement). 2.3. Appropriation Date: June 15, 1896 for both Link
Ditch No. 2 and Link Ditch No. 2 Enlargement. 2.4. Decreed Location. The decreed point of diversion for
both the Link Ditch No. 2 and the Link Ditch No. 2 Enlargement is located in NE1/4 of the NW1/4 of
Section 2, Township 9 North, Range 76 West of the 6th P.M. in Larimer County, Colorado. 2.5. Source:
Link Creek, tributary to the Big Laramie River. 2.6. Decreed Flow Rate: 2.0 c.f.s. (Link Ditch No. 2); 3.4
c.f.s. (Link Ditch No. 2 Enlargement). 2.7. Decrees Uses: Irrigation of approximately 50 acres. 3.
Correction to an Established but Erroneously Described Point of Diversion. Link Ditch No. 2 and Link
Ditch No. 2 Enlargement meet the requirements of an established but erroneously described point of
diversion under CRS 37-92-305(3.6). The point of diversion for Link Ditch No. 2 and Link Ditch No. 2
Enlargement has been in the same location since the CA1247 and CA 2725 decrees were entered, but is not
located in the decreed location. However, the Link Ditch No. 2 and Link Ditch No. 2 Enlargement water
rights have been diverted with the intent to divert pursuant to the CA1247 and CA2725. The established
point of diversion for the Link Ditch No. 2 and Link Ditch No. 2 Enlargement is located more than 500 feet
from the originally decreed location, and neither a natural stream that is tributary to the diverted stream nor
another surface water right is located between the decreed location and its physical location as described in
the following sentence. Applicant seeks to change the decreed point of diversion for the Link Ditch No. 2
and Link Ditch No. 2 Enlargement to the actual established location in the SE1/4 of the NE14/4 of Section
3, Township 9 North, Range 76 West of the 6th P.M. in Larimer County, Colorado. GPS Coordinates:
Easting (UTM X) = 424450 and Northing (UTM Y) = 4514541. 4. Name and Address of Owner of Land
on Which Structure is Located: The owner of the land upon which the structure for the Link Ditch No. 2
and the Link Ditch No. 2 Enlargement is located is the United States of America, 2150 Centre Avenue,
Building E, Fort Collins, CO, 80526.
19CW3191 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER
BOARD, c/o Jennifer Petrzelka, Water Resources Operations Manager 1001 11th Avenue, Second Floor
Greeley, Colorado 80631 jennifer.petrzelka@greeleygov.com (970) 350-9811. Attorneys: Carolyn F. Burr,
James M. Noble, Jens Jenson, Welborn Sullivan Meck and Tooley, P.C., 1125 17th Street, Suite 2200,
Denver, Colorado 80202 and Jerrae C. Swanson, Greeley City Attorney’s Office, 1100 10th Street, Suite
401, Greeley, Colorado 80631. APPLICATION FOR FINDING REASONABLE DILIGENCE IN
WELD COUNTY. 2. General Description of the Application. This application for finding reasonable
diligence concerns the conditional surface rights, conditional storage rights, and conditional appropriative
rights of exchanges decreed in Case Number 2005CW326, District Court, Water Division No. 1, entered
on September 12, 2013 (the “05CW326 Decree”). The conditional water rights decreed in Case No.
05CW326 constitute a portion of Greeley’s Lower Equalizer Project (the “Project”). Conditional Surface
Water Rights 3. Description of the Conditional Surface Water Rights. 3.1 Date of Original Decree. See
Paragraph 2 above. 3.2 Name and Legal Descriptions of Structures (all locations in the 6th P.M., Weld
County). The conditional surface water rights involve the following structures, the approximate location of
which are shown on the map attached hereto as Exhibit A: 3.2.1 Lower Equalizer Pump Station No. 1: a
proposed diversion to be located on or adjacent to the Big Thompson River in Section 5, Township 4 North,
Range 66 West. 3.2.2 Lower Equalizer Pump Station No. 2: a proposed diversion to be located on or
adjacent to the Big Thompson River in Section 1, Township 4 North, Range 67 West. 3.3 Source of Water.
Big Thompson River, tributary to the South Platte River. 3.4 Dates of Initial Appropriation: December 14,
2005. 3.5 Amount: 30 c.f.s., conditional, for each diversion point. 3.6 Decreed uses: All municipal uses,
including but not limited to irrigation, watering of lawns, parks and grounds, domestic, industrial,
commercial, fire protection, street sprinkling, recreational, piscatorial, preservation of wildlife and aesthetic
values, augmentation, replacement, substitution and exchange, including use by storage for later release to
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meet return flow obligations, augmentation requirements, and for all other beneficial uses of Greeley and
its customers. Greeley may fully consume such water by direct use, storage and subsequent release,
exchange, reuse, successive use or disposition. Conditional Water Storage Rights 4. Description of
Conditional Water Storage Rights. 4.1 Date of Original Decree. See Paragraph 2 above. 4.2 Name and
Legal Description of Dam, Dam Height, Dam Length, and Surface Area of High Water Line (all locations
in the 6th P.M., Weld County). The conditional storage water rights involve the following structures, the
approximate location of which are shown on the map attached hereto as Exhibit A: 4.2.1 Lower Equalizer
Reservoir No. 1: a reservoir to be located on an unnamed drainage, tributary to the Big Thompson River in
the NE 1/4 of Section 31, Township 5 North, Range 66 West. Dam height: 50 feet. Dam length: 1,492 feet.
Surface area of high water line: 51 acres. 4.2.2 Lower Equalizer Reservoir No. 2: a reservoir to be located
on an unnamed drainage, tributary to the Big Thompson River in the NE 1/4 of Section 36, Township 5
North, Range 67 West. Dam height: 60 feet. Dam length: 1,065 feet. Surface area of high water line: 43
acres. 4.2.3 Boomerang Reservoir No. 1: an on-channel reservoir to be located on Sheep Draw, tributary to
the Cache la Poudre River in the SE 1/4 of Section 14, and the SW 1/4 of Section 13, Township 5 North,
Range 67 West. Dam height: 36 feet. Dam length: 1,725 feet. Surface area of high water line: 69 acres.
4.2.4 Boomerang Reservoir No. 2: an on-channel reservoir to be located on an unnamed drainage, tributary
to Sheep Draw, tributary to the Cache la Poudre River in the SW 1/4 of Section 18, Township 5 North,
Range 66 West. Dam height: 30 feet. Dam length: 1,905 feet. Surface area of high water line: 43 acres. 4.3
Source of water, amount, and filler ditch capacity: 4.3.1 Lower Equalizer Reservoir No. 1: Source: unnamed
tributary of the Big Thompson River. Amount: 900 acre-feet, conditional, with the right to one refill minus
carryover storage. The reservoir will also be filled with water diverted by a 30 cfs pipeline from the Lower
Equalizer Pump Station No. 1 or Lower Equalizer Pump Station No. 2. 4.3.2 Lower Equalizer Reservoir
No. 2: Source: unnamed tributary of the Big Thompson River. Amount: 760 acre-feet, conditional, with the
right to one refill minus carryover storage. The reservoir will also be filled with water diverted by a 30 cfs
pipeline from the Lower Equalizer Pump Station No. 1 or Lower Equalizer Pump Station No. 2. 4.3.3
Boomerang Reservoir No. 1: Source: Sheep Draw, a tributary of the Cache la Poudre River. Amount: 581
acre-feet, conditional, with the right to one refill minus carryover storage. The reservoir will also be filled
by a 30 cfs pipeline from the Lower Equalizer Pump Station No. 1 or Lower Equalizer Pump Station No. 2
described above. Water diverted from the Lower Equalizer Pump Station Nos. 1 and 2 will be pumped into
the Greeley Loveland Irrigation Company Canal and then diverted into the reservoir. 4.3.4 Boomerang
Reservoir No. 2: Source: unnamed tributary of Sheep Draw, a tributary of the Cache la Poudre River.
Amount: 481 acre-feet, conditional, with the right to one refill minus carryover storage. The reservoir will
also be filled by a 30 cfs pipeline from the Lower Equalizer Pump Station No. 1 or Lower Equalizer Pump
Station No. 2 described above. Water diverted from the Lower Equalizer Pump Station Nos. 1 and 2 will
be pumped into the Greeley Loveland Irrigation Company Canal and then diverted into the reservoir. 4.4
Estimated Volume. The reservoirs described above have not yet been completed. Therefore, the storage
amounts listed above are estimates. Actual storage amounts of the completed reservoirs may differ from
the estimated amounts; however, the total amount of the storage rights decreed herein shall not exceed
2,722 acre-feet, with the right to one refill minus carryover storage. 4.5 Date of initiation of appropriation:
December 14, 2005. 4.6 Decreed uses: All municipal uses, including but not limited to irrigation, watering
of lawns, parks and grounds, domestic, industrial, commercial, fire protection, street sprinkling,
recreational, piscatorial, preservation of wildlife and aesthetic values, augmentation, replacement,
substitution and exchange, including use by storage for later release to meet return flow obligations,
augmentation requirements, and for all other beneficial uses of Greeley and its customers. Greeley may
fully consume such water by storage and release, exchange, reuse, successive use or disposition.
Conditional Appropriative Rights of Exchanges (the “Subject Exchange”) 5. Description of
Conditional Rights of Exchange. 5.1 Date of Original Decree. See Paragraph 2 above. 5.2 Exchange-from
points (points of substitution and exchange) (all locations in the 6th P.M., Weld County): The Subject
Exchange involves the following structures, the approximate location of which are shown on the map
attached hereto as Exhibit A: 5.2.1 Evans Wastewater Treatment Plant Outfall to the South Platte River,
located in Section 21, Township 5 North, Range 65 West. 5.2.2 Hill-N-Park Waste Water Treatment Plant
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Outfall to the South Platte River, located in Section 36, Township 5 North, Range 66 West. 5.2.3 Lonetree
(a/k/a/ JBS Swift) Industrial Wastewater Treatment Plant Outfall, located on Long Tree Creek
approximately 1 mile upstream of the confluence of that creek and the South Platte River in Section 31,
Township 6 North, Range 64 West. 5.2.4 Greeley Water Pollution Control Facility (a/k/a/ Wastewater
Treatment Plant) Outfall, the approximate location of which is on the North bank of the Cache la Poudre
River, approximately 620 feet East of the West section line and 360 feet North of the South section line of
Section 4, Township 5 North, Range 65 West. 5.2.5 8th Street Reservoir Outlet, to be constructed in Section
4, Township 5 North, Range 65 West. 5.2.6 Outlet(s) for Flatiron Reservoir Nos. 1-5, constructed or to be
constructed in Section 36, Township 6 North, Range 66 West. 5.2.7 35th Avenue Reservoir Outlet(s), to
be constructed in Section 34 and/or 35, Township 6 North, Range 66 West. 5.2.8 F Street Reservoir Outlet,
to be constructed in Section 34, Township 6 North, Range 66 West. 5.2.9 WW Farm Lake Nos. 1-4 Outlets,
to be constructed in Sections 32 and/or 33, Township 6 North, Range 66 West. 5.2.10 Release Structures
for Greeley Canal No. 3 including, but not limited to: 5.2.10.1 23rd Avenue Spillway, located in the NE
1/4 of the SE 1/4 of Section 1, Township 5 North, Range 66 West at a point approximately 1,050 feet West
of the East section line and 2,450 feet North of the South section line of said Section 31 and which
discharges into the Cache la Poudre River in the SW 1/4 of the NW 1/4 of Section 31, Township 6 North,
Range 65 West at a point approximately 400 feet East of the West section line and 2,750 feet North of the
South section line of said Section 31. 5.2.10.2 F Street Release Structure, located approximately 1,575 feet
East of the West section line and 750 feet North of the South section line of Section 34, Township 6 North,
Range 66 West. 5.2.10.3 16th Street Release Structure, located in the NW 1/4 of the SE 1/4 of Section 10,
Township 5 North, Range 65 West at a point approximately 1,950 feet West of the East section line and
2,600 feet South of the North section line of said Section 10 and which discharges into the Cache la Poudre
River in the NE 1/4 of the NE 1/4 of Section 10, Township 5 North, Range 65 West at a point approximately
50 feet West of the East section line and 1,100 feet South of the North section line of said Section 10.
5.2.10.4 Jackson Spillway, which discharges to the South Platte River at a point located in the South 1/2 of
Section 15, Township 5 North, Range 65 West. 5.3 Exchange-to points (points of diversion by exchange)
and exchange rate (all locations in the 6th P.M., Weld County) are described below: 5.3.1 Lower Equalizer
Pump Station No. 1, to be located on or adjacent to the Big Thompson River in Section 5, Township 4
North, Range 66 West. Rate of diversion by exchange: 30 cubic feet per second, conditional. 5.3.2 Lower
Equalizer Pump Station No. 2, to be located on or adjacent to the Big Thompson River in Section 1,
Township 4 North, Range 67 West. Rate of diversion by exchange: 30 cubic feet per second, conditional.
5.3.3 Boomerang Reservoir No. 1, to be located on Sheep Draw in the SE 1/4 of Section 14, and the SW
1/4 of Section 13, Township 5 North, Range 67 West. Rate of diversion by exchange: 60 cubic feet per
second, conditional. 5.3.4 Boomerang Reservoir No. 2, to be located on an unnamed tributary of Sheep
Draw in the SE 1/4 of Section 18, Township 5 North, Range 66 West. Rate of diversion by exchange: 60
cubic feet per second, conditional. 5.4 Exchange Matrix. A matrix of the exchange-from and exchange-to
points and exchange rates is attached hereto as Table-1. 5.5 Places of Storage Following Exchange:
Following Greeley’s diversion of water by exchange as outlined herein, water may be stored simultaneously
in the places of storage described in Paragraph 4.2 and/or such other places of storage in which Greeley
may acquire a right to store water. 5.6 Water Rights to Be Used for Substitute Supply. The sources of
substitute supply for these exchanges are: 5.6.1 Water rights owned or controlled by Greeley in, or naturally
tributary to, the Cache la Poudre River pursuant to (i) water rights decreed to Greeley Canal No. 3, which
water rights are more particularly described in the decree entered by the District Court for Water Division
No. 1 on June 29, 2004 in Case No. 99CW232; (ii) water rights decreed to the Milton Seaman Reservoir
Enlargements, which water rights are more particularly described in the decrees entered by the District
Court for Water Division No. 1 on June 25, 1992 in Case No. 87CW42 and on December 27, 1993 in Case
No. 90CW226; (iii) water rights represented by shares of stock in the Water Supply and Storage Company
(“WSSC”); (iv) water rights represented by Greeley’s interest in shares of stock in the New Mercer Ditch
Company; v) water rights represented by Greeley’s interest in shares of stock in the Larimer & Weld
Reservoir Company (“LWRC”); (vi) water rights represented by Greeley’s interest in shares of stock in the
Larimer & Weld Irrigation Company (“LWIC”); (vii) water rights represented by Greeley’s interest in
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shares of stock in the Windsor Reservoir and Canal Company (“WRCC”); (viii) water stored in the
reservoirs described in the decree entered in Case No. 99CW234 by the District Court for Water Division
No. 1 on August 26, 2009; and (ix) water rights represented by Greeley’s interest in shares of stock in the
Greeley Irrigation Company (“GIC”). 5.6.2 Water rights owned or controlled by Greeley in, or naturally
tributary to, the Big Thompson River pursuant to direct flow and storage water rights decreed for diversion
at the Loveland and Greeley Canal and Barnes Ditch and owned, controlled or operated by the Greeley and
Loveland Irrigation Company, Seven Lakes Reservoir Company, or their shareholders (including but not
limited to water rights decreed to Loveland and Greeley Reservoir a/k/a Lake Loveland), which water rights
are more particularly described in the decrees entered by the District Court for Water Division No. 1 in
Case No. 87CW329, 95CW42, and 99CW235. 5.6.3 Water rights owned or controlled by Greeley in, or
naturally tributary to the Laramie River pursuant to the water rights decreed in Case No. 2725, Larimer
County District Court, February 20, 1914, and Case No. 5993, Larimer County District Court, September
11, 1944, and represented by shares of stock in the Windsor Reservoir and Canal Company and WSSC,
which have ownership interests in water rights held by the Tunnel Water Company. These water rights are
described in the decree entered in Case No. 06CW258, Water Division No. 1. 5.6.4 Water owned or
controlled by Greeley in, or naturally tributary to, the Colorado River pursuant to water rights decreed to
the Windy Gap Project, a transmountain water diversion project that delivers water from the Colorado River
Basin to the South Platte River Basin (and a portion of the yield from which the City is entitled pursuant to
allotment contracts with the Municipal Subdistrict of the Northern Colorado Water Conservancy District),
which water rights are more particularly described in the decrees entered by the District Court for Water
Division No. 5 on October 27, 1980 in Civil Action No. 1768 and Case Nos. W-4001 and 80CW108, and/or
on July 19, 1990 in Case No. 89CW298. 5.6.5 The wastewater effluent return flows generated by the use
of the foregoing water rights to the extent allowed by decrees for these water rights. 5.7 Additional Sources
of Substitute Supply. Applicant may in the future also use as substitute supplies for the exchanges decreed
herein any sources of water not described in the 05CW326 Decree that Applicant then owns or controls,
provided that they are decreed for the intended use by exchange and can be made legally and physically
available at the exchange-from points decreed herein, and Greeley follows the procedures set forth in the
05CW326 Decree to allow use of those additional sources of substitute supply. 5.8 Date of initiation of
appropriation: December 14, 2005. 5.9 Decreed uses: All municipal uses decreed for the sources of
substitute supply, including irrigation, watering of lawns, parks and grounds, domestic, industrial,
commercial, fire protection, street sprinkling, recreational, piscatorial, preservation of wildlife and aesthetic
values, augmentation, replacement, substitution and exchange, including use by storage for later release to
meet return flow obligations, augmentation requirements, and for all other beneficial uses of Greeley and
its customers. Greeley may fully consume such water to the extent allowed by the decrees for the sources
of substitute supply, whether by direct use, storage and subsequent release, exchange, reuse, successive use
or disposition. Finding of Diligence 6. Integrated System. The conditional surface water rights, the
conditional storage water rights, and the conditional appropriative rights of exchange decreed in the
05CW326 Decree were and are conceived and planned to be operated as a component of Greeley’s
municipal water supply system, which is an integrated system comprised of several different water rights,
features, and facilities. Work on one or more features of this integrated system constitutes effort toward
development of the water rights for all features of the system. 7. Outline of Diligence Activities Performed:
As described in the 05CW326 Decree, the purpose of the Project is to meet some of the City’s needs for
additional water supplies and water management through, among other methods, (a) exchanges of water
legally and physically available to Greeley for such purposes that will allow the City to move water
downstream via the Cache la Poudre River to the confluence of said river with the South Platte River, and
upstream from the Cache la Poudre and South Platte Rivers to points of diversion on or adjacent to the Big
Thompson River; (b) exchanges of water legally and physically available to Greeley for such purposes that
will allow the City to move water upstream via the Cache la Poudre River to the confluence of said river
with Sheep Draw, and upstream to points of diversion on or adjacent to Sheep Draw and its tributaries; (c)
direct flow diversions and storage of water in reservoirs for later release to meet any obligations to maintain
historical return flows above downstream water rights that may now or hereafter be imposed upon the City
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as part of the City’s changes of use of existing water rights, or to augment out-of-priority uses of water for
irrigation, industrial, or other beneficial purposes; and (d) increased use of non-potable sources of water to
meet irrigation, industrial and other water demands (“Project Purpose”). The following activities facilitate
Greeley’s ability to divert, capture and control water diverted, stored and/or exchanged under the
conditional surface water rights, the conditional storage water rights, and the conditional rights of exchange,
including the ability to treat, deliver, and use water rights changed for municipal purposes and generate
fully-consumable return flows, and thereby effectuate the Project Purpose. 7.1 Development of Substitute
Supply During the diligence period, Greeley obtained decrees to make absolute and/or demonstrate
reasonable diligence on and to change the use of the following sources of supplies also listed in Paragraph
5.6 above. 7.1.1 In Case No. 13CW312, decreed April 23 2014, the Court found that Greeley demonstrated
reasonable diligence toward the development of the conditional water storage right decreed in Case No.
90CW226. 7.1.2 In Case No. 13CW3085 decreed January 9, 2014, the Court found that Greeley
demonstrated reasonable diligence toward the development of the conditional water rights decreed in Case
No. 87CW329. 7.1.3 In Case No. 07CW190, decreed on November 7, 2014, Greeley changed 22.5 shares
of WSSC. 7.1.4 In Case No. 14CW3105 decreed January 21, 2015, the Court found that Greeley
demonstrated reasonable diligence toward the development of the conditional water right decreed in Case
No. 95CW042. 7.1.5 In Case No. 15CW3099, decreed December 7, 2016, the Court found that Greeley
demonstrated reasonable diligence toward the development of, and made partially absolute, the conditional
water right decreed in Case No. 99CW234. 7.1.6 In Case No. 15CW3163 decreed June 25, 2018, Greeley
changed 77.8 shares of GIC. 7.1.7 In Case No. 18CW3016, decreed June 24, 2019, the Court found that
Greeley demonstrated reasonable diligence toward the development of, and made partially absolute, the
conditional water rights decreed in Case No. 06CW258. 7.1.8 In Case No. 07CW190, decreed on November
7, 2014, Greeley changed 22.5 shares of WSSC. 7.2 Acquisition and Development of Substitute Supply.
7.2.1 Windy Gap. During the diligence period, Greeley participated in the Windy Gap Firming Project,
which firms the yield of water rights decreed to the Windy Gap Project. Greeley has spent approximately
$3,462,000 on the Windy Gap Firming Project since 2014. 7.2.2 Acquisition of Additional Water Rights.
During the diligence period, Greeley spent approximately $10,595,000 on the acquisition of shares in
WSSC, LWIC, LWRC, WRCC, New Cache Irrigating Company and the Cache la Poudre Reservoir
Company. 7.3 Maintenance and Improvements to Diversion, Release and Storage Structures. 7.3.1 Boyd
and Freeman Ditch: During the diligence period, Greeley spent approximately $23,000 through the Boyd
Irrigation Company to conduct head-gate and ditch repairs, engineer flow measurement structures, and bank
erosion. 7.3.2 Flatiron Reservoir Nos. 1-5 (a/k/a/ Poudre Ponds): During the diligence period, Greeley spent
$4,493,000 on mining and improvements to Poudre Ponds, including mining costs, environmental
assessments and engineering, winterizing pumps, construction costs, expansion of some of the reservoirs,
and damage repair. 7.3.3 Greeley Canal No. 3: During the diligence period, Greeley expended
approximately $23,000 through the GIC to conduct head-gate and ditch repairs, engineer flow measurement
structures, and bank erosion. 7.3.4 Loveland Greeley Canal: During the diligence period, Greeley spent
approximately $374,000 in pro rata expenditures through the Greeley Loveland Irrigation Company to
repair head gates, ditch improvement, removal of sand, debris and trees, and repair the Boyd lake pump.
7.3.5 Non-Potable System Development: During the diligence period, Greeley spent 68,000 on non-potable
infrastructure plans. 7.4 Improvements to Water and Wastewater Treatment Plant: 7.4.1 During the
diligence period, Greeley spent approximately $10,011,000 on Boyd Lake Treatment Plant maintenance
and improvements, including general rehabilitation construction costs, addition of new facility components,
rehabilitation of the raw water line, and needs assessment projects. 7.4.2 During the diligence period,
Greeley spent approximately $20,824,000 on Bellvue Treatment Plant maintenance and improvements,
including but not limited to general rehabilitation, additional sludge drying bed construction, cleaning and
relining a holding pond, the addition of a clarifier geodesic dome, general construction maintenance,
designing a new filter media system, rehabilitation of chemical and raw water lines, continued work on the
addition of a clarifier geodesic dome, general construction maintenance, conducting a needs assessment,
and design and construction of a new treatment facility. 7.4.3 During the diligence period, Greeley spent
approximately $19,977,000 on wastewater treatment plant maintenance and improvements, including but
34
not limited to upgrading its security infrastructure, adding a second dewatering centrifuge, adding
instrumentation, a new centrate receiving tank, and septage receiving station, general rehabilitation,
creating a long-range solids master plan, designing and constructing the project improvements, installing a
digester sludge grinder, construction of a nitrification project, construction of a dewatering building roof
installing a new Rotomat Septage tank, and general rehabilitation at its facility. 7.5 Work by Greeley Staff,
Outside Counsel and Consultants: During the diligence period, Greeley has participated as an objector in
water court cases in order to prevent injury to its Big Thompson and the Cache la Poudre water rights,
including the conditional water rights identified herein. 8. Names and addresses of owners or reputed
owners of the land upon which any new diversion or storage structure, or modification to any existing
diversion or storage structure is or will be constructed or upon which water is or will be stored. The relevant
structures identified in this Application are located on lands owned by the Applicant, except for the
following: 8.1 Lower Equalizer Pump Station No. 1: Harold and Madeline Daniels, P.O. Box 7356,
Loveland, CO 80537; Aggregators LLC, C/O Ruby Alvarez 8012 Gravier St Ste. 360, New Orleans, LA
70112. 8.2 Lower Equalizer Pump Station No. 2: Bernhardt Farms LLC, 12281 State Hwy 60, Milliken,
Co 80543; Bernhardt Dairy Farm, 12281 State Hwy 60, Milliken, Co 80543. 8.3 Lower Equalizer Reservoir
No. 1: G. D. and Janet Lea Sherrod-Mossberg, 4603 83rd Avenue, Greeley, CO 80634. 8.4 Lower Equalizer
Reservoir No. 2: Bernhardt Farms LLC, 23809 WCR 25, Milliken, CO 80543; David Lee Bernhardt
Consolidated Trust, 23809 WCR 25, Milliken, CO 80543; Timothy Alan Bernhardt Consolidated Trust,
23809 WCR 25, Milliken, CO 80543; Ronald and Tracy Turnbull, 11576 WCR 52, Milliken, CO 80543;
Jeremy and Carrie Jordan, 1026 N 1st St, Johnstown, CO 80534; Robert and Marilyn Schneider, 24987
WCR 25, Milliken, CO 80543; Bradley and Victoria Gilmer, 11850 WCR 52, Milliken, CO 80543. 8.5
Boomerang Reservoir No. 1: Shupe Bros. Co., P.O. Box 1447, Greeley, CO 80632; TOMORA LLC, 1130
50th Ave, Greeley, CO 80634; Matthew J. Chismar Irrevocable Trust, 2577 E CR 60, Wellington, CO
80549. 8.6 Boomerang Reservoir No. 2: Matthew J. Chismar Irrevocable Trust, 2577 E CR 60, Wellington,
CO 80549. 8.7 East 8th Street Reservoir outlet: Greeley Urban Renewal Authority, 1100 10th Street, Suite
201, Greeley, CO 80631. 8.8 35th Avenue Reservoir outlet(s): Betty Davee and Jill Harmon-Brown; 6368
DH 1 Dr, Bainville, MT 59212; Martin Marietta Materials Inc, C/O Baden Tax Management P.O. Box 8040
Fort Wayne, IN 46898. 8.9 WW Farm Lake Nos. 1-4, outlet(s) and infiltration galleries: CAMAS Colorado,
Inc., 6211 N Ann Arbor Rd, Dundee, MI 48131; Aggregate Industries – WCR Inc., 6211 N Ann Arbor Rd,
Dundee, MI 48131; Mary Jane Blietz Duran, 760 N 71st Ave, Greeley, CO 80634; Gregory and Christine
Goodell, 30595 WCR 29, Greeley, CO 80634. WHEREFORE, Greeley requests the Court enter a decree
finding that Greeley has exercised reasonable diligence toward completion of the appropriation for the
conditional surface water right, conditional storage water right and the conditional rights of exchange
decreed Case No. 05CW326 and continuing said conditional water rights for another six-year diligence
period. [13 Pages].
19CW3192 (11CW214, 02CW111, 94CW04) Midtown Facility LLC, 6465 S. Greenwood Plaza Blvd.,
Suite 700, Centennial, CO 80111 (303) 790-6613. Attorneys for Applicant: William H. Caile and Kylie
J. Crandall, Holland & Hart LLP, 555 17th Street, #3200, Denver CO 80202; (303) 295-8000;
whcaile@hollandhart.com. Application for Finding of Reasonable Diligence in ADAMS COUNTY. 2.
Names of Structures. i. Recovery Well EXW-1. ii. Recovery Well EXW-5. iii. Recovery Well EXW-7. iv.
Recovery Well EXW-8. v. Recovery Well EXW-9. vi. Recovery Well EXW-10. vii. Recovery Well EXW-
11. 3. From Prior Decrees: A. Original Decree: July 29, 1996 in Case No. 94CW04, Water Division 1.
Subsequent decrees finding reasonable diligence: i. October 25, 2005, in Case No. 02CW111, Water
Division 1. ii. September 26, 2013 in Case No. 11CW214, Water Division 1. 4. Description of Conditional
Water Rights: A. Legal Descriptions: i. Recovery Well EXW-1 – Located in the NE 1/4 SE 1/4 Section 5
of Township 3 South, Range 68 West of the 6th P.M., Adams County at a point approximately 2440 feet
from the South line and 70 feet from the East line. ii. Recovery Well EXW-5 – Located in the SE 1/4 NE
1/4 Section 5 of Township 3 South, Range 68 West of the 6th P.M., Adams County at a point approximately
2600 feet from the North line and 190 feet from the East line. iii. Recovery Well EXW-7 – Located in the
NE 1/4 SE 1/4 Section 5 of Township 3 South, Range 68 West of the 6th P.M., Adams County at a point
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approximately 2300 feet from the South line and 30 feet from the East line. iv. Recovery Well EXW-8 –
Located in the NE 1/4 SE 1/4 Section 5 of Township 3 South, Range 68 West of the 6th P.M., Adams
County at a point approximately 2500 feet from the South line and 30 feet from the East line. v. Recovery
Well EXW-9 – Located in the SE 1/4 NE 1/4 Section 5 of Township 3 South, Range 68 West of the 6th
P.M., Adams County at a point approximately 2645 feet from the South line and 30 feet from the East line.
vi. Recovery Well EXW-10 – Located in the SE 1/4 NE 1/4 Section 5 of Township 3 South, Range 68 West
of the 6th P.M., Adams County at a point approximately 2695 feet from the South line and 30 feet from the
East line. vi. Recovery Well EXW-10 – Located in the SE 1/4 NE 1/4 Section 5 of Township 3 South,
Range 68 West of the 6th P.M., Adams County at a point approximately 2695 feet from the South line and
30 feet from the East line. vii. Recovery Well EXW-11 – Located in the NE 1/4 SE 1/4 Section 5 of
Township 3 South, Range 68 West of the 6th P.M., Adams County at a point approximately 2100 feet from
the South line and 30 feet from the East line. A map depicting the approximate location of the Subject Wells
is on file with the Court as Exhibit 1. B. Source: Alluvial groundwater tributary to Clear Creek. C.
Appropriation Date: May 22, 1991. D. Amount: i. Recovery Well EXW-1: 5 gpm, Conditional; ii. Recovery
Well EXW-5: 16.5 gpm, Conditional; iii. Recovery Well EXW-7: 22 gpm, Conditional; iv. Recovery Well
EXW-8: 23 gpm, Conditional; v. Recovery Well EXW-9: 32 gpm, Conditional; vi. Recovery Well EXW-
10: 23.5 gpm, Conditional; vii. Recovery Well EXW-11: 26.9 gpm, Conditional; The total combined
average annual pumping rate for the Subject Wells in combination with the wells and amounts that were
decreed in Case No. 94CW04 cannot exceed 300 gpm and the maximum combined pumping rate of the
wells cannot exceed 400 gpm; and provided further that no well may be pumped at a rate or volume in
excess of that allowed in such well’s then existing permit. E. Use: Year-round groundwater remediation
activities. F. Depth: The average depth of the Subject Wells is approximately 45 feet. 5. Detailed outline of
work that has been done towards completion of the appropriations and application of water to beneficial
use: A. Historical operations at the former Hamilton Sundstrand industrial site currently owned by the
Applicant resulted in soil and groundwater contamination. Pursuant to the plan for groundwater
remediation associated with the property, groundwater has been extracted from the alluvial aquifer on a
near-continuous basis since 1992, when the groundwater treatment facility of which the Subject Wells are
a component began operation. B. Pursuant to the remediation plan, groundwater is extracted through
recovery wells, including the Subject Wells. The extracted groundwater is then treated to remove
contaminants and is subsequently returned to the stream system. Any out-of-priority stream depletions
resulting from this process are replaced as necessary to prevent injury to other water rights, pursuant to the
plan for augmentation decreed by this Court in Case No. 94CW04. C. During the last diligence period,
Applicant acquired the Subject Wells from BPI Westminster, LLC (“BPIW”), subject to the requirements
of the remediation plan and the augmentation plan decreed in Case No. 94CW04. BPIW and Applicant
(through their contracted environmental consultants) have continued to operate the remediation system as
needed to facilitate the execution of the remediation plan. Consultants continually monitor the Subject
Wells in addition to other wells associated with the remediation plan, and evaluate the pumping rate,
efficiency and effectiveness of the Subject Wells in removing the contaminated groundwater. Water quality
in the Subject Wells is tested and reported on a regular basis to the Colorado Department of Public Health
and Environment. D. The remediation project of which the Subject Wells are a component is part of a larger
development project whereby adjacent parcels are being developed for other uses. This work is ongoing,
and continued operation of the Subject Wells is necessary to continue and confirm remedial performance
as part of the overall development plan. E. During the diligence period, Applicant and its predecessor BPIW
have made significant capital expenditures in furtherance of the activities described above. The continued
operation of the Subject Wells is a critical component of the overall development plan. Applicant therefore
requests that the Court make a finding of reasonable diligence and continue the conditional water rights for
the Subject Wells in full force and effect. 6. Owner of land where Subject Wells are located: Applicant.
AMENDMENTS
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16CW3028 Bullseye Holdings, LLC PO Box 609, Queen Creek, AZ 85142 and WGC Trading Co.,
PO Box 460, Fort Morgan, CO 80701, AMENDED APPLICATION FOR PLAN FOR
AUGMENTATION IN MORGAN COUNTY, Frederick A. Fendel, III, Matthew S. Poznanovic,
PETROCK FENDEL POZNANOVIC, P.C., 700 17TH Street, Suite 1800, Denver, CO 80202. 1. Name,
address, and telephone number of Applicants:Bullseye Holdings, LLC, an Arizona limited liability
company, PO Box 609, Queen Creek, AZ 85142(480) 797-2921, WGC Trading Co., a Texas corporation,
PO Box 460, Fort Morgan, CO 80701, (480) 797-2921. 2. Summary of augmentation plan as amended:
Bullseye Holdings, LLC owns a commercial feedlot and WGC Trading Co. owns a commercial truck
washing facility, located at 16098 Morgan County Road 0 and 13444 County Road 16, Fort Morgan. Both
are served by the Bullseye 3T well, described below. Truck washing has been a use incidental to the feedlot
operation for many years, and more recently has developed as a stand-alone commercial use separate from
the feedlot. Per the original application, depletions from pumping the well, including remaining depletions
from past pumping, will be replaced initially by recharge leased from Fort Morgan Water Company, Ltd.
This amended application adds an additional source of augmentation water supplied by contract by the
Town of Wiggins. The Wiggins contract is owned by WGC Trading Co., LLC. The amended augmentation
plan adds WGC Trading Co., LLC as a co-applicant and amends the caption accordingly, seeks to augment
a back-up well for the same uses claimed for the Bullseye 3T well, claims a new water right for commercial
truck washing, and clarifies certain details of the proposed augmentation plan. WATER RIGHT 3.
Applicants claim a water right for the Bullseye 3T well and Bullseye Backup Well, described below, for
commercial truck washing use, which may be used separately from or incidentally to the previously decreed
and permitted commercial feedlot use. 3.1 Bullseye 3T Well, Well permit no. 80348-F, WDID 0108634.
3.1.1 Location: in the SE1/4 SW1/4, section 23, Township 3 North, Range 58 West, 6th PM, Morgan
County, 1036 feet from the south section line and 2610 feet from the west section line, UTM coordinates
Northing (UTM y) 4451241.2, Easting (UTM x) 598721.4 3.1.2 Priority date: 9/28/18 3.1.3 Amount:
0.666 cfs 3.1.4 Use: Commercial truck washing. 3.2 Bullseye Backup Well, well permit no. 23040-F,
WDID 0108832. 3.2.1 Location: SE1/4 SW1/4, section 23, Township 3 North, Range 58 West, 6th P.M.,
Morgan County, 1036 feet from the south section line, 2560 feet from the west section line, UTM
coordinates Northing (UTMy) 4451234.0, Easting (UTMx) 598727.0. 3.2.2 Priority date: 9/28/18. 3.2.3
Amount: 300 gpm 3.2.4 Use: Commercial truck washing. AMENDED PLAN FOR AUGMENTATION
4. Structures to be augmented: 4.1 Bullseye 3T Well, Well permit no. 80348-F, WDID 0108634. 4.1.1
Location: in the SE1/4S W1/4, section 26, Township 3 North, Range 58 West, 6th PM, Morgan County,
1036 feet from the south section line and 2610 feet from the west section line, UTM coordinates Northing
(UTM y) 4451241.2, Easting (UTM x) 598721.4 4.1.2 Priority dates: 7/25/1970, decreed 12/31/1972 in
Case No. W-4561 (for commercial feedlot use) and 9/28/18 (for commercial truck washing use). 4.1.3
Amount: 0.666 cfs 4.1.4 Use: Commercial feedlot and commercial truck washing. 4.2 Bullseye Backup
Well, well permit no. 23040-F, WDID 0108832 4.2.1 Location: SE1/4 SW1/4, section 23, Township 3
North, Range 58 West, 6th P.M., Morgan County, 1036 feet from the south section line, 2560 feet from the
west section line, UTM coordinates Northing (UTMy) 4451234.0, Easting (UTMx) 598727.0. 4.2.2
Priority dates: 7/25/1970 (for commercial feedlot use) and 9/28/18 (for commercial truck washing use)
4.2.3 Amount: 300 gpm. Use: Commercial feedlot and commercial truck washing. 5.Source of
augmentation water: 5.1 Fort Morgan Water Company, Ltd. leases excess recharge credits available under
the recharge plan decreed in Case No. W-2692 pursuant to a lease dated August 2, 1991, from the Fort
Morgan Reservoir and Irrigation Company. Fort Morgan Water Company, Ltd. leased up to 50 acre feet
per year to Bullseye by a 2016 lease. The lease term is through October 2030. The water rights under
which leased water is available are: 5.1.1 W-2692. Fort Morgan Reservoir and Irrigation Company’s plan
for augmentation using recharge under various rights decreed to the Fort Morgan Canal, and recharge and
direct releases from Jackson Lake. Pursuant to paragraph 26.G of the decree, excess recharge and
augmentation credits may be leased to others. 5.1.2 Point of diversion: Fort Morgan Canal, located on the
south bank of the South Platte River at a point 23 chains north and 5 chains west of the SE corner of Section
31, Twp. 5 North, Range 59 West, 6th PM, Morgan County; 5.1.3 Source: South Platte River; 5.1.4 Date
of appropriation: May 19, 1972; 5.1.5 Amount: 323 cfs; 5.1.6 Use: recharge and augmentation purposes.
37
5.2 Jackson Lake. 5.2.1 Prior Decrees: Originally decreed January 15, 1914, Case No. 2142, Weld County
District Court for 30,992 acre-feet; Originally decreed May 11, 1915, Case No. 16704, Weld County
District Court for 4,637 acre-feet; Originally decreed June 8, 1965, Weld County District Court for 8,269.92
acre-feet. 5.2.2 Priority: Priority 20 dated May 18, 1901; Priority 20R dated December 31, 1921; 5.2.3
Uses: Originally for irrigation; subsequently changed in several decrees for augmentation, replacement of
out of priority depletions. 5.2.4 Point of Diversion: The headgate of the Jackson Lake Inlet Canal is located
at a point on the north bank of the South Platte River 900 feet south and 200 feet west of the center of the
Southeast 1/4, section 18, T4N, R61W, 6th P.M. The inlet extends thence easterly about 10 miles to the
reservoir. Jackson Lake reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26, and 27 all in
T5N, R60 W, 6th P.M., Morgan County, Colorado; 5.2.5 Source: South Platte River. 5.3 Town of Wiggins.
WGC has contracted with the Town of Wiggins for up to 17 acre feet per year of augmentation from
Wiggins’s various sources of augmentation described in or to be added to its augmentation plan decreed in
Case Nos. 11CW131 and 14CW3068. Deliveries by Wiggins may commence in November 2026.
Thereafter, the contract term is perpetual. Applicants may lease additional water available from Wiggins
from time to time (before or after November 2026) when Wiggins has excess augmentation supplies
pursuant to separate agreements. 5.3.1 Wiggins owns various water rights and sources more completely
described in the decrees in Case Nos. 11CW131 and 14CW3068 or that may be added pursuant to
procedures described therein. Generally, these include Weldon Valley Ditch company stock, Weldon
Valley Ditch Company recharge, return flow from municipal use via the proposed Wiggins wastewater
treatment plant, leased Riverside recharge. Wiggins plans to add new sources and locations of
augmentation to its plan, which will also be used to augment these wells. Wiggins’s new sources will
include recharge generally in section 22, Township 4 North, Range 60 West, 6th P.M., Morgan County,
recharge generally in NW1/4, section 3, Township 3 North, Range 57 West, 6th P.M., Morgan County, both
of which will be the subject of future applications by Wiggins. 6. Statement of plan for augmentation: The
Bullseye 3 T well and/or its back-up well will be used for all uses that may occur in the operations on its
property, including stockwatering, washing equipment and vehicles, and related uses. The property
includes two parcels totaling approximately 150 acres located in the N1/2, and the N1/2 S1/2, section 26,
Township 3 North, Range 58 West, 6th P.M., Morgan County, south and west of the Bijou Canal. The
amount and timing of depletions will be calculated, and all resulting out-of-priority depletions will be
replaced by water deliveries or recharge from the described sources. Depletions will be replaced by water
from the Fort Morgan Water Company through October 2030, and by water from the Town of Wiggins
starting in 2026. Procedures will be proposed to add augmentation sources pursuant to CRS §37-92-305(8).
Wastewater will be consumed by evaporation or by land-application on or off the property. All uses will
be considered 100% consumed with no return flow, and the resulting out-of-priority depletions from
pumping fully augmented. 7. Owner of land on which wells are located: Bullseye 3T well and the Bullseye
Backup well are located on property owned by Michael Kosman Family Trust, 16024 County Road 15,
Fort Morgan, CO 80701. All other structures are located on property owned by Applicants. WHEREFORE,
Applicant prays for a decree approving its claimed water right and plan for augmentation to allow
continuous operation of its wells, and for such additional relief as is justified by the evidence.
17CW3218 Blue Wing Farms LLC, c/o Mr. Chris Dinsdale, 1660 17th Street, Suite 300, Denver, CO
80202. Please send correspondence and pleadings to: David P. Jones and Alyson K. Scott, Lawrence Jones
Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. Phone: (970) 622-8181.
david@ljcglaw.com; alyson@ljcglaw.com. CONCERNING THE FIRST AMENDED APPLICATION
FOR RECHARGE WATER RIGHTS, PLAN FOR AUGMENTATION, APPROPRIATIVE RIGHT OF
EXCHANGE, AND CHANGES OF WATER RIGHTS, in WELD AND MORGAN COUNTIES. 2.
Purpose of Amendment. The Original Application seeks, inter alia, a Plan for Augmentation to augment
several irrigation wells. Applicant has acquired 9 shares of the Weldon Valley Ditch Company, and with
this amended application claims to change the shares to the uses described herein and to use the shares as
a replacement source in the plan for augmentation and as a source of substitute supply in the exchange. By
virtue of ownership of the 9 shares, Applicant is entitled to credits from the Weldon Valley Ditch Company
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recharge project decreed in Case No. 02CW377, and will use such credits for augmentation, replacement
of return flows, and as a source of substitute supply in its exchange. Applicant also clarifies that the water
rights claimed in the Original Application may be used for replacement of return flows. Two of the
irrigation wells in the plan are not located at their originally decreed locations, and Applicant claims
changes in the points of diversion of those two wells and change in place of use for one of them. Finally,
the location of one of the recharge ponds is corrected herein. The Original Application, as amended, is
restated herein. APPLICATION FOR RECHARGE WATER RIGHTS 3. Name of Project: Blue Wing
Farms Recharge Project. 3.1. Point of Diversion: The Blue Wing Farms Pump Station, located on the
south bank of the South Platte River at a point in the NW quarter of the NE quarter of Section 10, Township
4 North, Range 59 West, 6th P.M., 723 feet south of the North line and 3300 feet east of the West line,
Morgan County, Colorado. 3.2. Source: South Platte River. 3.3. Date of Appropriation: May 20, 2015. 3.4.
How appropriation was initiated: Formation of intent to appropriate, the posting of notices near the point
of diversion, and publication of public notice in the Fort Morgan Times. 3.5. Description of recharge
project: Surface water is diverted at the point of diversion and is delivered via pipeline to ponds and allowed
to percolate into the underground aquifer for Applicant’s beneficial uses. The following initial recharge
pond locations have been identified. Applicant claims the right to modify the specifications of the ponds
and to add ponds. 3.5.1. DW Pond 1. Located in the E1/2 NE1/4 of Section 10, Township 4 North, Range
59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 9.0 acres. Days to Dry Value: 30.
3.5.2. Riverview Pond 1. Located in the SE1/4 SE1/4 of Section 10, Township 4 North, Range 59 West, 6th
P.M., Morgan County, Colorado. Surface area when full: 18.7 acres. Days to Dry Value: 30. 3.5.3. Blue
Wing Pond 1. Located in the NW1/2 NW1/4 of Section 15, Township 4 North, Range 59 West, 6th P.M.,
Morgan County, Colorado. Surface area when full: 6.1 acres. Days to Dry Value: 30. 3.5.4. Blue Wing
Pond 2. Located in the SE1/4 NW1/4 of Section 15 and the SW1/4 NW1/4 and NW1/4 SW1/4 of Section
14, Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 14.7
acres. Days to Dry Value: 30. 3.5.5. Blue Wing Pond 3. Located in the SE1/4 NW1/4, SW1/4 NE1/4,
NE1/4 SW1/4, and NW1/4 SE1/4 of Section 15, Township 4 North, Range 59 West, 6th P.M., Morgan
County, Colorado. Surface area when full: 17.9 acres. Days to Dry Value: 30. 3.5.6. Blue Wing Pond 4.
Located in the SE1/4 SE1/4 of Section 15, SW1/4 SW1/4 of Section 14, NE1/4 NE1/4 of Section 22,
Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 16.6 acres.
Days to Dry Value: 30. 3.5.7. Blue Wing Pond 5. Located in the SE1/4 SW1/4 and SW1/4 SE1/4, of Section
15, Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 10.9
acres. Days to Dry Value: 30. 3.5.8. Blue Wing Pond 6. Located in the SE1/4 NE1/4 of Section 22,
Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 5.0 acres.
Days to Dry Value: 30. 3.5.9. Blue Wing Pond 7. Located in the SW1/4 NW1/4 of Section 23, Township 4
North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 5.7 acres. Days to
Dry Value: 30. 3.5.10. Blue Wing Pond 8. Located in the E1/2 NW1/4 of Section 22, Township 4 North,
Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 79.0 acres. Days to Dry
Value: 30. 3.5.11. Blue Wing Pond 9. Located in the SE1/4 and SE1/4 SW1/4 of Section 14, Township 4
North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 67.8 acres. Days to
Dry Value: 30. 3.6. Amount. 13,000 gpm (29 cfs) conditional. 3.7. Uses. Augmentation, recharge, and
replacement of return flows. The waters diverted may be used, reused, and placed to successive use either
directly or by exchange. The primary use of recharge credits will be an augmentation and replacement
supply in the plan for augmentation to be decreed herein. Excess credits may be leased to others including
but not limited to Wiggins Farms, LLC for use in its plans of augmentation decreed in Case No. 09CW7,
13CW3156 and Case No. 14CW3110, Water Court, Water Division No. 1. PLAN FOR AUGMENTATION
4. Wells to be augmented: All wells are located in the 6th P.M., Morgan County, Colorado. 4.1. Well No.
1 (WDID 108858), Permit No. 11012-RR, decreed in Case No. W-4621, Water Division No. 1, dated March
20, 1980. 4.1.1. Legal description of well location: NE1/4 NW1/4 Section 15, Township 4 North, Range
59 West, at a point 1290 feet South and 1340 feet East of the NW Corner of said Section 15. 4.1.2. Decreed
flow rate: 2.67 cfs. 4.1.3. Date of appropriation: January 19, 1956. 4.1.4. Use: Irrigation of 160 acres in
the NW1/4, Section 15, Township 4 North, Range 59 West. 4.2. Well No. 2 (WDID 108859), Permit No.
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11011-R, decreed in Case No. W-4621, Water Division No. 1, dated March 20, 1980. 4.2.1. Legal
description of well location: SE1/4 SW1/4 Section 15, Township 4 North, Range 59 West, at a point 1300
feet North and 1350 feet East of SW Corner of said Section 15. 4.2.2. Decreed flow rate: 2.22 cfs. 4.2.3.
Date of appropriation: December 29, 1955. 4.2.4. Use: Irrigation of 160 acres in the SW1/4, Section 15,
Township 4 North, Range 59 West. 4.3. Well No. 3 (WDID 108857), Permit No. 5096-FR, decreed in Case
No. W-4621, Water Division No. 1, dated March 20, 1980. 4.3.1. Legal description of well location: NE1/4
NE1/4 Section 15, Township 4 North, Range 59 West, at a point 1300 feet South and 1310 feet West of NE
Corner of said Section 15. 4.3.2. Decreed flow rate: 3.56 cfs. 4.3.3. Date of appropriation: February 9,
1964. 4.3.4. Use: Irrigation of 160 acres in the NE1/4, Section 15, Township 4 North, Range 59 West. 4.4.
Well No. 4 (WDID 108860), Permit No. 8894-FR, decreed in Case No. W-4621, Water Division No. 1,
dated March 20, 1980. A change of location of the well was decreed in Case No. 96CW258, Water Division
No. 1, dated June 12, 1998. 4.4.1. Legal description of well location: NE1/4 SE1/4 Section 15, Township
4 North, Range 59 West, at a point 2595 feet from the South section line and 109 feet from the East section
line of said Section 15. 4.4.2. Decreed flow rate: 2.22 cfs. 4.4.3. Date of appropriation: April 20, 1958.
4.4.4. Use: Irrigation of 130 acres in the SE1/4, Section 15, Township 4 North, Range 59 West, together
with Well 5095-F. 4.5. Well No. 5 (WDID 105948), Permit No. 5033-F, decreed in Case No. W-3654,
Water Division No. 1, dated April 24, 1974. 4.5.1. Legal description of well location: NW1/4 NW1/4
Section 14, Township 4 North, Range 59 West, at a point 1320 feet South and 1320 feet East of the NW
Corner of said Section 14. 4.5.2. Decreed flow rate: 2.44 cfs. 4.5.3. Date of appropriation: January 24,
1964. 4.5.4. Use: Irrigation of 160 acres in the NW1/4 of Section 14, Township 4 North, Range 59 West.
4.6. Well No. 6 (WDID 105946), Permit No. 6364-F, decreed in Case No. W-3654, Water Division No. 1,
dated April 24, 1974. 4.6.1. Legal description of well location: NE1/4 SW1/4 Section 14, Township 4
North, Range 59 West, at a point 1320 feet North and 1320 feet East of the SW Corner of said Section 14.
4.6.2. Decreed flow rate: 2.44 cfs. 4.6.3. Date of appropriation: November 7, 1964. 4.6.4. Use: Irrigation
of 160 acres in the SW¼ of Section 14, Township 4 North, Range 59 West. 4.7. Well No. 7 (WDID 105947),
Permit No. 9273-RF, decreed in Case No. W-3654, Water Division No. 1, dated April 24, 1974. 4.7.1.
Legal description of well location: NE1/4 SE1/4 Section 14, Township 4 North, Range 59 West, at a point
1380 feet North and 1320 feet West of the SE Corner of said Section 14. 4.7.2. Decreed flow rate: 2.44
cfs. 4.7.3. Date of appropriation: October 8, 1965. 4.7.4. Use: Irrigation of 160 acres in the SE1/4 of Section
14, Township 4 North, Range 59 West. 4.8. Well No. 8 (WDID 107660), Permit No. 13056-FR, decreed in
CA16704, Water Division No. 1, dated January 4, 1971. 4.8.1. Legal description of well location: NE1/4
Section 22, Township 4 North, Range 59 West, at a point 1320 feet South of the North line and 2050 feet
East of the center line of said Section 22. 4.8.2. Decreed flow rate: 900 gpm. 4.8.3. Date of appropriation:
August, 1956. 4.8.4. Use: Irrigation of 160 acres in the NE1/4 of Section 22, Township 4 North, Range 59
West. 4.9. Wiggins Farms Well No. 37 (WDID 107020), Permit No. 11009, decreed in Case No. W-2225,
Water Division No. 1, dated July 25, 1973. 4.9.1. Legal description of well location: NW1/4 NW1/4 Section
22, Township 4 North, Range 59 West, at a point 766 feet South and 1221 feet East of the NW Corner of
said Section 22. 4.9.2. Decreed flow rate: 3.12 cfs. 4.9.3. Date of appropriation: March 1, 1956. 4.9.4.
Use: Domestic and Irrigation of 140 acres in the NW1/4 of Section 22, Township 4 North, Range 59 West.
4.10. Wiggins Farms Well No. 38 (WDID 107016), Permit No. 5015-F, decreed in Case No. W-2225,
Water Division No. 1, dated July 25, 1973. 4.10.1. Legal description of well location: SE1/4 NW1/4 Section
23, Township 4 North, Range 59 West, at a point 1327 feet South and 1333 feet East of the NW Corner of
said Section 23. 4.10.2. Decreed flow rate: 2.90 cfs. 4.10.3. Date of appropriation: January 14, 1964.
4.10.4. Use: Domestic and Irrigation of 160 acres in the NW¼ of Section 23, Township 4 North, Range 59
West. 4.11. Wiggins Farms Well No. 39 (WDID 107017), Permit No. 5014-F, decreed in Case No. W-
2225, Water Division No. 1, dated July 25, 1973. 4.11.1. Legal description of well location: SE1/4 NE1/4
Section 23, Township 4 North, Range 59 West, at a point 1380 feet South and 1267 feet West of the NE
Corner of said Section 23. 4.11.2. Decreed flow rate: 3.11 cfs. 4.11.3. Date of appropriation: January 19,
1964. 4.11.4. Use: Domestic and Irrigation of 160 acres in the NE1/4 of Section 23, Township 4 North,
Range 59 West. 5. Water to be used for augmentation: 5.1. Blue Wing Farms Recharge Project described
above. 5.2. Leased excess supplies from Wiggins Farms, LLC, which operates recharge projects decreed in
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Case No. 09CW7 and Case No. 13CW3156, Water Court, Water Division No. 1. 5.3. Applicant may lease,
purchase, or otherwise acquire and use additional replacement and augmentation supplies in this plan, and
claims the right to do so without amending and republishing this application if such additional supplies are
decreed by the water court or approved by the State Engineer’s Office for augmentation. 5.4. The 9 Shares
of the Weldon Valley Ditch Company claimed to be changed herein, along with Applicant’s portion of
recharge credits generated by the Weldon Valley Ditch Company recharge project decreed in Case No.
02CW377, Water Division No. 1. 6. Statement of plan for augmentation: Diversions from the wells listed
in paragraph 4 cause depletions to the South Platte River. To the extent that the depletions are out of
priority, the plan will replace such out of priority depletions as necessary to prevent injury to vested water
rights of others. This plan will also operate to replace return flows, as may be necessary or required to
prevent injury, for water rights used as replacement sources including, the 9 Shares. Depletions from
pumping after March 15, 1974 will replaced as follows: Well Nos. 1- 8 and Wiggins Farms Well 39 were
formerly member wells in the Well Augmentation Subdistrict of the Central Colorado Water Conservancy
District (WAS) and were removed from WAS prior to entry of a decree in the WAS plan for augmentation,
Case No. 03CW99, Water Court, Water Division No. 1. These nine wells operated under the WAS
Substitute Water Supply Plans during the years 2003 – 2005. Post pumping depletions from such
operations are replaced by WAS pursuant to the terms of the decree in Case No. 03CW99. All other
depletions from these wells will be replaced by this plan for augmentation. 7. Applicant claims the right to
operate pursuant to the Recharge Protocol for Division 1, and §37-82-308, C.R.S., and successor statutes.
Applicant reserves the right to identify additional wells to be augmented, and to remove wells and
augmentation supplies from the plan for augmentation described herein. Applicant further claims the right
to add additional or alternative sources of replacement water in compliance with decreed procedures for
such sources of replacement water under C.R.S. § 37-92-305(8)(c). APPROPRIATIVE RIGHT OF
EXCHANGE 8. Operation of Exchange: At such times when recharge accretions and/or augmentation
deliveries from the water rights and change of water rights claimed herein accrue to the South Platte River
in excess of the replacement requirements under the plan for augmentation described herein, or at times
Applicant has excess replacement water available from other sources, the excess accretions or replacement
water may be exchanged for water diverted at the Blue Wing Farms Recharge Project point of diversion
described above and delivered to the recharge ponds also described above. 8.1. Description of Exchange-
to point: The Blue Wing Farms Pump Station, located on the south bank of the South Platte River at a point
in the NW quarter of the NE quarter of Section 10, Township 4 North, Range 59 West, 6th P.M., 723 feet
south of the North line and 3300 feet east of the West line, Morgan County, Colorado. 8.2. Description of
Exchange-from points: The exchange-from point shall be the location where the substitute supply is
delivered to the South Platte River. 8.2.1. Weldon Valley augmentation credits from Case No. 02CW377:
A point on the north bank of the South Platte River in the NE1/4 NW1/4 of Section 18, Township 4 N,
Range 58 West. 8.2.2. Recharge credits from Applicant’s water rights accrue to the South Platte River at
various points within a reach described as follows: A point on the south bank of the South Platte River in
the SW1/4 SW1/4 of Section 12, Township 4 North, Range 59 West. 8.2.3. The 9 Shares claimed to be
changed herein may be delivered from the Weldon Valley Ditch to the South Platte River at various points
as approved by the Weldon Valley Ditch Company. One such delivery point, associated with the historical
farm headgate, is located in the SW1/4 of Section 2, Township 4 North, Range 59 West, 6th P.M., 395 feet
north of the south line of the section, and 1,276 feet east of the west line of the section. The end of the ditch
returns to the river at a point located in the NW1/4 of Section 18, Township 4 North, Range 58 West, 6th
P.M., 594 feet south of the north line of the section, and 2,541 feet east of the west line of the section, which
is the furthest downstream point where the 9 Shares may be delivered to the river. The exchange-from
point will be the location where the 9 Shares are delivered to the South Platte River. 8.3. Date of
appropriation: May 20, 2015 for all supplies other than the 9 Shares and credits from Case No. 02CW377;
Date this amended application was filed for use of the 9 Shares and credits from Case No. 02CW377 as
substitute supplies. 8.4. How appropriation was initiated: Formation of intent to appropriate, the posting of
notices near the point of diversion, publication of public notice in the Fort Morgan Times, acquiring the 9
Shares, obtaining approval of the claim for exchange by the Weldon Valley Ditch Company, construction
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of the Blue Wing Farms Recharge Project Pump Station, and the filing of the original application and
amended application. 8.5. Amount claimed: 13,000 gpm, conditional, for the May 20, 2015 exchange; 1.85
c.f.s., conditional, for the 2019 exchange. 8.6. Uses: Augmentation, aquifer recharge, and exchange for
replacement of depletions and return flow obligations. CHANGE OF WATER RIGHT 9. Decreed water
right for which change is sought: 9.1. Name of structure: Weldon Valley Ditch 9.2. Date of original decree:
November 21, 1895, Case No. 433, Weld County District Court, Weld County, Colorado 9.3. Legal
description of structure: The Weldon Valley Ditch headgate is located on the north bank of the South Platte
River in the SW1/4 NW1/4 SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld
County, Colorado. 9.4. Decreed source of water: South Platte River 9.5. Appropriation Date: October 26,
1881 9.6. Decreed amount: 165 cfs 9.7. Decreed use: Irrigation 9.8. Amount of water applicant intends to
change: Applicant seeks to change the water rights attributable to 9 shares of the Weldon Valley Ditch
Company, which are represented by stock certificate no. 1326 (“9 Shares”). There are a total of 640 shares
presently issued by the Weldon Valley Ditch Company. 10. Detailed description of proposed change: 10.1.
Historical use of the shares. The 9 Shares were historically used to irrigate approximately 110 acres located
in Sections 2 and 3, Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. A map
showing the historically irrigated lands is filed herewith as Exhibit 1. 10.2. Diversion records. Applicant’s
engineering consultants have reviewed records of diversions by the Weldon Valley Ditch Company and
Applicant will rely on the records in the quantification of the historical use of the 9 Shares. 10.3. Proposed
change of use. Applicant seeks to change the use of the 9 Shares from irrigation only to irrigation,
augmentation, replacement, recharge, and exchange, with the right to totally consume the consumable
portion of the water, either by first use, successive use, or disposition. The 9 Shares may be used as a source
of substitution and augmentation supply in the Applicant’s plan for augmentation described herein. The
consumable portion of the 9 Shares released to the South Platte River may be rediverted and delivered to
recharge directly or by exchange to Applicant’s recharge structures described in paragraph 3 above. The 9
Shares and excess augmentation or recharge credits derived therefrom may be leased to others for use in
other decreed plans for augmentation if approved through procedures for adding sources to such plans for
augmentation; or approved in a subsequent decree; or if approved by the state engineer under a substitute
water supply plan for any pending application for a plan for augmentation. By letter dated on or about
September 19, 2019, the Weldon Valley Ditch Company approved the requested change of Weldon Valley
shares in accordance with the company bylaws. 10.4. Augmentation Use. Use of the 9 Shares for
augmentation will be accomplished by delivering the 9 Shares to the South Platte River through
augmentation stations located on or proximate to the Weldon Valley Ditch. 10.5. Recharge Use. Use of the
9 Shares for recharge will be accomplished by delivering the 9 Shares to the South Platte River and
subsequently rediverting the water attributable to the 9 Shares, directly or by exchange, at recharge
structures owned by Applicant. 10.6. Dry up. Applicant has obtained a dry up covenant on the historically
irrigated lands, which is sufficient to prevent an expansion of use of the 9 Shares. 10.7. Historical Use
Analysis. Applicant’s engineering consultants have performed a preliminary analysis of the historical
deliveries and use of the 9 Shares. The analysis used a “demand based” method to determine farm headgate
deliveries. Ditch loss was assumed to be 22.5%. The following estimates are subject to change upon
completion of the engineering analysis. During the study period of 1950-2014, the farm headgate deliveries
attributable to the 9 Shares averaged approximately 290 acre-feet. The historical consumptive use of the 9
Shares during the study period was an average of approximately 154 acre-feet per year, which is
approximately 17.1 acre-feet per share. Return flows from the 9 Shares during the study period was an
average of approximately 136 acre-feet per year. These amounts are preliminary and subject to
modification upwards or downwards as additional information becomes available to Applicant. 10.8. Return
Flow Appropriation and Replacement. The amount of water attributable to historical return flows from the
9 Shares is hereby appropriated by Applicant for the changed uses claimed herein. The appropriated return
flows will be used, directly or by substitution and exchange, for the changed uses described herein.
Historical return flows from diversion and use of the 9 Shares will be replaced when the calling downstream
water right is senior to the date of the filing of this application. Return flows will be replaced using a
portion of the 9 Shares, or recharge credits from the diversion of the 9 Shares to recharge, or any other
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sources Applicant has available as replacement source under the plan for augmentation applied for herein.
10.9. Applicant is entitled to its pro rata portion of recharge credits from the recharge water rights of the
Weldon Valley Ditch Company, decreed in Case No. 02CW377, Water Division No. 1, November 5, 2009.
Such credits may be used by Applicant to replace return flow obligations from the 9 Shares. Such credits
may also be used by Applicant as a source of augmentation supply in the plan for augmentation described
herein and as a source of substitute supply in the appropriative right of exchange described herein. 10.10.
When the 9 Shares are used in an augmentation plan, the annual and monthly projections prepared for such
plan will include the projected deliveries of the 9 Shares and the amount of return flow obligations from
Applicant’s previous (as of the time of the projection) and projected use of the 9 Shares. The projected
deliveries of the 9 Shares will be limited to a hydrologically determined dry-year yield to be determined in
this case based on precipitation and/or river flows. 11. Proposed Terms and Conditions for delivery of the
9 Shares: 11.1. Water attributable to the 9 Shares will continue to be diverted from the South Platte River
at the headgate of the Weldon Valley Ditch and delivered through the Ditch for Applicant’s uses. 11.2.
Applicant may take delivery of the 9 Shares at any of the following points: 1) at the farm headgate located
in the NE1/4 NW1/4 of Section 34, Township 5 North, Range 59 West of the 6th P.M., at the intersection
of the Weldon Valley Ditch and MCR 9.5; or 2) at the end of the Weldon Valley Ditch; or 3) any other
location on the Weldon Valley Ditch as agreed upon with the Weldon Valley Ditch Company. 11.3. The 9
Shares shall be subject to ditch loss in the Weldon Valley Ditch as determined by the ditch rider, applying
the same percentage to all shareholders. 11.4. The diversion season applicable to the 9 Shares shall be the
same as the season for all Weldon Valley Ditch Company shareholders. 11.5. Deliveries of the 9 Shares
shall be measured and recorded and will include volumetric limits, as necessary. CHANGES OF
UNDERGROUND WATER RIGHTS 12. Decreed water right for which change is sought: The water right
for Well No. 7 (WDID 105947), Permit No. 9273-RF. 12.1. Original decree: Case No. W-3654, Water
Division No. 1, dated April 24, 1974. (The well is named “Carlson Well #4” in the original decree.) 12.2.
Legal description of decreed well location: NE1/4 SE1/4 Section 14, Township 4 North, Range 59 West,
at a point 1380 feet North and 1320 feet West of the SE Corner of said Section 14, 6th P.M., Morgan County.
12.3. Decreed flow rate: 2.44 cfs. 12.4. Date of appropriation: October 8, 1965. 12.5. Decreed Source:
South Platte River. 12.6. Use: Irrigation of 160 acres in the SE1/4 of Section 14, Township 4 North, Range
59 West. 12.7. Description of proposed change: The well was relocated by a previous owner to a point near
the 1/2 section line, with an irrigated circle which overlaps portions of all four quarters of the section.
Applicant claims to change the point of diversion of Well No. 7 and to change the place of use. The new
point of diversion is at the actual location of the well, in the NE1/4 SE1/4 Section 14, Township 4 North,
Range 59 West, at a point 2,383 feet north of the south section line and 1,470 feet west of the east section
line of said Section 14, 6th P.M., Morgan County. The new legal description of the place of use is 160 acres
in the SE1/4, NE1/4, SW1/4, and NW1/4 of Section 14, Township 4 North, Range 59 West, 6th P.M.,
Morgan County. Following entry of a decree granting this change, Applicant will apply for a well permit
which complies with the changed location and place of use of the well. 13. Decreed water right for which
change is sought: The water right for Wiggins Farms Well No. 37 (WDID 107020), Permit No. 11009.
13.1. Original decree: Case No. W-2225, Water Division No. 1, dated July 25, 1973. (The well is named
“Well No. 5-11009” in the original decree.) 13.2. Legal description of decreed well location: NW1/4
NW1/4 Section 22, Township 4 North, Range 59 West, at a point 766 feet South and 1221 feet East of the
NW Corner of said Section 22, 6th P.M., Morgan County. 13.3. Decreed flow rate: 3.12 cfs. 13.4. Date of
appropriation: March 1, 1956. 13.5. Decreed source: Groundwater. 13.6. Use: Domestic and Irrigation of
140 acres in the NW1/4 of Section 22, Township 4 North, Range 59 West. 13.7. Description of proposed
change: The well was relocated by a previous owner. Applicant claims to change the point of diversion of
Wiggins Farms Well No. 37 to the actual location of the well, NW1/4 Section 22, Township 4 North, Range
59 West, at a point 1,002 feet south of the north section line and 1,341 feet east of the west section line of
said Section 22, 6th P.M., Morgan County. No change in place of use is sought for the water right.
Following entry of a decree granting this change, Applicant will apply for a well permit which complies
with the changed location of the well. CORRECTION OF RECHARGE POND LOCATION 14. Name of
Pond: Blue Wing Pond 1. This pond was described in paragraph 2.5.3 of the Original Application. The
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correct location of the recharge pond is: NW1/4 NW1/4 Section 14, Township 4 North, Range 59 West,
6th P.M., 245 feet from the North line and 221 feet from the West line, Morgan County, Colorado. Surface
area when full: 6.1 acres. Days to Dry Value: 30. 15. Names and addresses of owners of land on which
any new diversion or storage structures or modification to any existing diversion or storage structures are
located: The recharge point of diversion and a portion of the recharge pipeline are located on lands owned
by DT Ranch, Inc., c/o Inverness Properties, LLC, 2 Inverness Drive East, Ste. 200, Centennial, CO 80112.
The land where Riverview Pond 1 is located is owned by Riverview Cemetery Association, c/o Rick or
Vivian Lorenzini, 10222 Road Y, Weldona, CO 80653. The land where Blue Wing Ponds 7 and 8 and
Wiggins Farms Wells 37, 38 and 39 are located is owned by Wiggins Farms, LLC, 1660 17th Street, Ste.
300, Denver, CO 80202. Applicant owns the lands on which all other structures described herein are located.
Therefore, Applicant requests the Court to enter a decree granting its application and such other and further
relief as the Court may award. The original format of this application is sixteen (16) pages in length plus
one (1) exhibit.
19CW3103, UPPER BEAR CREEK PROPERTIES, LLC. (“UBCP”), JOHN WATSON AND
DEBBIE P. WRITER (“WATSON”), WATSON AND ASSOCIATES, LLC (“W&A”), PO Box 187,
Evergreen, CO, 80437. MOUNTAIN MUTUAL RESERVOIR COMPANY (“MMRC”), 6949
Highway 73, Suite 15, Evergreen, CO, 80439. Frederick A. Fendel, III, Eric K Trout, Petrock Fendel
Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. Second Amended Application for
Water Rights, Storage Rights, and for Approval of a Plan for Augmentation in JEFFERSON AND
CLEAR CREEK COUNTIES. This Second Amended Application for Water Rights, Storage Rights, and
for Approval of a Plan for Augmentation adds additional augmentation water rights to the plan for
augmentation described in the original and First Amended applications, and adds a new co-applicant,
Watson and Associates, LLC, the owner of the additional augmentation water. 1. Summary of Application:
The Watson/UBCP property consists of approximately 150 acres that straddles the county line between
Jefferson and Clear Creek counties along Bear Creek, known as 158 Upper Bear Creek Road, Clear Creek
County, and 160 Upper Bear Creek Road, Jefferson County (the “Property”). Three on-stream ponds, the
“Watson Pond” the “East Pond” and “West Pond” (collectively the “3 Ponds”), are located on the Property.
A 10-lot subdivision is proposed for 100 acres, being a portion of the land (the “Subdivision”) in Jefferson
County. This application seeks confirmation of storage rights for the 3 Ponds, an exchange right into the 3
Ponds, and an augmentation plan. The augmentation plan will replace depletions from the proposed
subdivision and evaporation from the 3 Ponds. The source of augmentation water in the original and first
amended application is 19.6 shares of stock in Mountain Mutual Reservoir Company, representing 0.6154
acre-feet per year from MMRC’s interest in the water rights of the Soda Lakes Reservoir and Mineral Water
Company, Harriman Ditch Company, and Warrior Ditch previously changed in Case No. 01CW293 and
other water supplies to be acquired and added in the future. The additional augmentation water added by
this second amended application is up to 6.5 average af/year represented by 5.15 shares of the Harriman
Ditch Company, previously changed in Case No. 83CW280 (Application of Mount Carbon Metropolitan
District), which may be stored in the Soda Lakes pursuant to Applicants’ interest in 0.65 shares of the Soda
Lakes Reservoir and Mineral Water Company and the May 29, 2003, Soda Lakes Operating Agreement
with Mount Carbon Metropolitan District. Application For Water Rights. 3. Watson Pond; Location:
NE1/4 NW1/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear Creek County;
Amount: Approximately 2.6 acre feet, with the right to fill and refill to maintain a full pond; Surface Area:
This pond has a maximum surface area of approximately 0.52 acres. Use: Irrigation, fire prevention, stock
and wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife and aesthetic values,
augmentation and replacement of evaporation. Priority Date: May 31, 2019; Source: Bear Creek. 4. East
Pond; Location: NE1/4 NW1/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear
Creek County; Point of Diversion: Bear Creek at a point in the NE1/4 NW/4, Section 12, Township 5
South, Range 72 West of the 6th P.M., Clear Creek County, whence the north quarter corner of said section
bears north 33º 44’ east 357 feet. Amount: Approximately 0.2 acre feet, with the right to fill refill and
maintain a full pond; Surface Area: This pond has a maximum surface area of approximately 0.06 acres.
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Use: Fire prevention, stock and wildlife watering, piscatorial, recreation, maintenance and preservation of
wildlife and aesthetic values, augmentation and replacement of evaporation. Priority Date: May 31, 2019;
Source: Ira Gulch, a tributary of Bear Creek, and Bear Creek; Prior Decree: The East Pond pumped
diversion from Bear Creek was decreed for direct flow irrigation and domestic uses as the Steele Pipe Line,
Tank, and Pumping Plant System in CA 91471. 5. West Pond; Location: SW1/4 NW1/4, Section 12,
Township 5 South, Range 72 West of the 6th P.M., Clear Creek County; Amount: Approximately 0.9 acre
feet, with the right to fill and refill to maintain a full pond; Surface Area: This pond has a maximum
surface area of approximately 0.18 acres. Use: Fire prevention, stock and wildlife watering, piscatorial,
recreation, maintenance and preservation of wildlife and aesthetic values, augmentation and replacement
of evaporation. Priority Date: May 31, 2019; Source: Winter Gulch, a tributary of Bear Creek. 6.
Application For Plan For Augmentation; Augmented Structures: The Subdivision Wells 1 – 10 and the 3
Ponds. Sources of Augmentation: The storage rights claimed herein. Up to 6.5 average af/year of the
water represented by 5.15 shares of the Harriman Ditch Company previously changed in Case No.
83CW280 (Application of Mount Carbon Metropolitan District), which may be stored in the Soda Lakes
pursuant to 0.65 shares of the Soda Lakes Reservoir and Mineral Water Company owned by W&A and
Applicants’ interest in the May 29, 2003, Soda Lakes Operating Agreement with Mount Carbon
Metropolitan District. UBCP also owns 19.6 Shares of stock in the Mountain Mutual Reservoir Company,
representing a pro rata interest in the following water rights: Harriman Ditch. 7.71 shares of the 400 shares
of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. The Harriman Ditch
Company owns the following direct flow water rights decreed in Civil Action No. 6832, on February 4,
1884: The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in
the NE1/4 NE1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado.
The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the
Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The ditch
was originally decreed for irrigation, domestic and municipal purposes. Warrior Ditch. 2.0 shares of the
160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. The Warrior
Ditch Company owns the following direct flow water rights decreed in Civil Action No. 6832 on February
4, 1884: The headgates of the Warrior Ditch are the same as those of the Harriman Ditch. The Ditch was
originally decreed for irrigation purposes. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400
shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water
Company. The Soda Lakes Reservoir and Mineral Water Company owns the following storage water rights
decreed in Civil Action No. 91471 on September 24, 1935, to the Soda Lake Reservoir Nos. 1 and 2: 1,794
acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water
for municipal purposes, including the watering of lawns and gardens. Date of appropriation: February 11,
1893, and a refill right decreed in Case No. 00CW228, District Court, Water Division 1. The Soda Lakes
Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The
reservoirs are filled through the Harriman Ditch. 5.15 shares of the 400 shares of capital stock of the
Harriman Ditch Company and 0.65 shares of the capital stock of the Soda Lakes Reservoir and Mineral
Water Company owned by Watson and Associates, LLC, which may be stored in the Soda Lakes pursuant
to applicants’ interest in the May 29, 2003, Soda Lakes Operating Agreement with Mount Carbon
Metropolitan District. The Harriman Ditch water rights are described above. The rights were changed to
municipal and augmentation uses by the Mount Carbon Metropolitan District in Case No. 83CW280, and
their consumptive use quantified as Harriman Ditch: an average of 6.5 acre feet per year, and; Soda Lakes:
0 acre feet per year. Applicants will propose conditions allowing addition of other augmentation sources
pursuant to CRS § 37-92-305(8)(c) without further published notice. Statement of Plan for Augmentation:
The plan is intended to serve the Watson Subdivision, and to maintain the 3 Ponds at full level. Out-of-
priority evaporation from the 3 Ponds will be calculated and replaced by releases of the sources of
augmentation water described above. Net evaporation from the 3 Ponds has been estimated using the
National Oceanic and Atmospheric Administration (NOAA) Technical Report NWS 33 Evaporation Atlas
for the Contiguous 48 United States, to be less than 2 AF annually, with the typical period of ice cover
being from December 1st through March 15th. Individual wells and the augmentation plan will supply up
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to ten homes proposed for the Watson Subdivision with water for household use, stock water for up to two
(2) horses, and no irrigation, on each lot. Each home will have an individual onsite wastewater septic
disposal system. Consumptive use is estimated to be approximately 0.03 to 0.05 af/yr per home. Watson
Pond was constructed as an onstream reservoir. Subsequent improvements, both planned and in response
to flood damage, allow the flow of Bear Creek to be bypassed around the pond. The 3 Ponds (a) are capable
of being administered when no augmentation is available, (b) are onstream reservoirs, required to replace
net evaporation pursuant to CRS §37-84-117(5), and (c) existed prior to September 13, 1994, and are
therefore present uses of water pursuant to appropriations or practices in existence on the date of the
instream flow appropriations on Bear Creek at and downstream of the pond. Evaporation from the 3 Ponds
will be replaced from the Harriman Ditch/Soda Lakes system when the call is from a water right
downstream of the Harriman Ditch headgate. Applicants will store water in the 3 Ponds on the Property
under the water rights claimed in this application and may exchange augmentation water into one or more
of the 3 Ponds pursuant to the exchange claimed below. When the call is from a water right located below
the Property but upstream of the Harriman Ditch, other than an instream flow right, releases of stored water
may be made from any of the 3 Ponds to replace depletions, or the augmentation water may be trucked to
a release point upstream of the calling right, and/or storage will be curtailed to prevent out-of-priority
diversions. The 3 Ponds will be administered in priority when no augmentation is available. 7. Points of
diversion (exchange-to): Watson Pond, described in Paragraph 3; East Pond and the Steele Pipeline point
of diversion, described in Paragraph 4; West Pond, described in Paragraph 5. Points of release of substitute
supply (exchange-from): Harriman Ditch; Soda Lakes outlet to Harriman Ditch; Confluence of Bear Creek
and Turkey Creek (Bear Creek Reservoir); Rate: 0.10 cfs; Uses: Irrigation, fire prevention, stock and
wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife, piscatorial and aesthetic
values, augmentation and replacement of evaporation; Priority date: May 31, 2019. Owners of land on
which structures are located: Watson Pond, East Pond and West Pond are located on land owned by: John
Watson and Debbie P. Writer. The Watson Subdivision is located on land owned by UBCP. The Harriman
Ditch is located on land owned by: Harriman Ditch Company. The Soda Lakes Reservoirs No. 1 and 2 are
on land owned by: Soda Lakes Reservoir and Mineral Water Co. A map of the 3 Ponds and property are
filed with this application as Exhibit A and Exhibit B, respectively. WHEREFORE, Applicants pray that
their water rights and exchange right be confirmed, their plan for augmentation be approved, and for such
other further relief as is justified by the evidence. (8 Pages).
19CW3114 Western Equipment and Truck, Inc., 2055 1st Ave., Greeley CO 80631, 970-353-6682.
AMENDED APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN
WELD COUNTY. 2. Name of Well: Transportation Center Non-Pot Well No. 1. 2.1. Location: 2.1.1.
UTM Coordinates: Easting 532,441 meters; Northing 4,471,082 meters. UTM 13. 2.1.2. PLSS Description:
In the NW1/4 of the NW1/4, Section 24, 5N, 65W, 6th P.M., 828 feet from the North Section Line and 896
feet from the West Section Line. 2.1.3. See Map attached hereto as Exhibit “A.” 2.2. Source of water:
South Platte River Alluvial Aquifer. 2.3. Date of appropriation: June 21, 2019. 2.4. How appropriation
was initiated: Engineering, filing of water court application. 2.5. Amount claimed: 1500 gpm (3.34 cfs),
conditional. 2.6. Uses: Irrigation, Industrial, Commercial and Fire Protection within the Transportation
Center Subdivision, located in the N 1/2 of the NW1/4 of Section 24, 5 North, 65 West of the 6th P.M.,
Weld County, Colorado. 3. Name of Well: Transportation Center Non-Pot Well No. 2. 3.1. Location:
3.1.1. UTM Coordinates: Easting 532,826 meters, Northing 4,471,068 meters. UTM 13. 3.1.2. PLSS
Description: In the NE1/4 of the NW1/4, Section 24, 5N, 65W, 6th P.M., 875 feet from the North Section
Line and 2,145 feet from the West Section Line. 3.1.3. See Map attached hereto as Exhibit “A.” 3.2.
Source of water: South Platte River Alluvial Aquifer. 3.3. Date of appropriation: June 21, 2019. 3.4. How
appropriation was initiated: Engineering, filing of water court application. 3.5. Amount claimed: 1500
gpm (3.34 cfs), conditional. 3.6. Uses: Irrigation, Industrial, Commercial and Fire Protection within the
Transportation Center Subdivision, located in the N 1/2 of the NW1/4 of Section 24, 5 North, 65 West of
the 6th P.M., Weld County, Colorado. 4. Plan for Augmentation: Groundwater Management Subdistrict
of the Central Colorado Water Conservancy District (“GMS”), 02CW335, Class D Irrigation Contract No.
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1228 (irrigation use) and Class D Non-Irrigation Contract 1222 (industrial, commercial and fire protection
uses). The GMS Board of Directors has approved Contract Nos. 1228 and 1222 and authorized District
counsel to file a separate application to add Transportation Center Non-Pot Well No. 1 and Well No. 2 to
the augmentation plan decreed in 02CW335. 5. Name(s) and address(es) of owner(s) or reputed owners
of the land upon which well is to be installed: 34 Transportation Center Association, 2055 1st Avenue,
Greeley CO 80631 (controlled by Applicant). This Amended Application consists of 3 pages
THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY
WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED
BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND
OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED
BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended
application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of
Opposition, setting forth facts as to why the application should not be granted, or why it should be granted
only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of
NOVEMBER 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed
as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served
upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall
be filed with the Water Clerk.