April 2004 resume - CO Courts€¦ · April 2004 Resume 3 of 33 Amount: 17.6 acre-feet. D. Historic...

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DISTRICT COURT, WATER DIVISION 1, COLORADO April 2004 WATER RESUME 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 April, 2004 for each County affected. 04CW89 James & Shirley Johnson, 11661 Antler Trail, Littleton, CO 80127. Application for Underground Water Rights, IN JEFFERSON COUNTY. Johnson Well - Permit #184685, located in the NE1/4 NW1/4 S26 T6S, R70W of the 6th P.M., 270’ from N section line and 2500’ from W section line. Sampson Mountain Lot 7 Source: Groundwater Depth: 560’ Appropriation: 12/23/1994 Amount claimed: 15 gpm Use: Household (3), watering of poultry, domestic animals & livestock on a farm or ranch, and irrigation of not more than one acre of home gardens and lawns. (3 pages) 04CW90. Joe Hawkins, 22411 Dunreath Avenue, Orchard, CO 80649. Telephone: (970)867-2283 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. Application for Change of Water Rights and Plan for Augmentation in MORGAN AND WELD COUNTIES. 2. Change of Water Rights: Weldon Valley Ditch Company (38 1/8th shares). 2.1. Previous Decrees: The Weldon Valley Ditch was decreed in Case m 433 in the Weld County District Court, Weld County, State of Colorado, on November 21, 1895 with appropriation date of October 26, 1881for 165 c.f.s. from the South Platte River. The decreed use is for irrigation. The decreed headgate location is on the north bank of the South Platte River in the SW¼ NW¼ SE¼ of Section 13,Township 4 South, Range 61 West of the 6th P.M., Weld County, Colorado. 2.2 Historic Use: The 38 1/8th shares were historically and are used to irrigate 280 acres in the SW1/4 of Section 35, Township 5 North, Range 60 West of the 6th P.M., and W1/2 NE1/4 Section 3 and N1/2 NW1/4 Section 8, Township 4 North, Range 60 West of the 6th P.M. Morgan County, Colorado. All the lands irrigated are below the Weldon Valley Ditch. The crops grown were alfalfa and corn. The historic average consumptive use for the shares is estimated to be 368 acre feet based on the period 1982 to 2001. Surface and ground water returns will be maintained for all calls senior to the date of the filing of this application. 2.3. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement and exchange, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant anticipates using the shares for direct irrigation, but in times applicant does not have sufficient water to replace well depletions, applicant may use part or all of the shares for replacement by direct release to the river or by recharge. 3. Decreed Name of Structures to be Augmented: Underground Water Well Permit m 200, No. 201, No. 4665-F, No. 6983-F and Well No. 1-0371. 4. Previous Decrees: 4.1. A decree was entered in Weld County District Court Civil Action m 16704 on December 1, 1971 for Claim No. 377 decree #563, #564, #565, #566: 4.1.1. Underground Water Well Permit m 200 located in the NW¼ SE¼ of Section 7, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado at a point 1330 feet north and 2610 feet west of the Southeast section corner, with a date of appropriation of 1947, in the amount of 1, 600 g.p.m. (3.56 c.f.s.), 24 hours per day, during normal irrigation season for agricultural purposes. 4.1.2. Underground Water Well Permit m 201 located in the NW¼ SE¼ of Section 7, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado at a point 1330 feet north and 2040 feet west of the Southeast section corner, with a date of appropriation of 1905, in the amount of 900 g.p.m. (2.00 c.f.s.), 24 hours per day, during normal irrigation season for agricultural purposes. 4.1.3. Underground Water Well Permit m 4665-F located in the NW¼ SE¼ of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado at a point 288 feet south and 2618 feet west of the Northeast section corner, with a date of appropriation of August 1963, in the amount of 600 g.p.m. (1.33 c.f.s.), 24 hours per day,

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during normal irrigation season for agricultural purposes. 4.1.4. Underground Water Well Permit m 6983-located in the NE¼ SW¼ of Section 35, Township 5 North, Range 60 West of the 6th P.M., Morgan County, Colorado at a point 2618 feet north and 1342 feet east of the Southwest section corner, with a date of appropriation of March 1965, in the amount of 1000 g.p.m. (2.22 c.f.s.), 24 hours per day, during normal irrigation season for agricultural purposes. 4.2. A decree was entered in the Water Court, Water Division m 1, Case m W-565 on November 30, 1971 for Well m 1-0371 located in the SW¼ NE¼ of Section 34, Township 5 North, Range 60 West of the 6th P.M., Morgan County, Colorado, at a point 50 feet north and 468 feet east of the Southwest corner of said Section 34, with a date of appropriation of June, 1952 in the amount of 1.78 c.f.s. for irrigation on all that part of the NW¼ of Section 34, Township 5 North, Range 60 West of the 6th P.M., lying East of Jackson Lake Outlet right-of-way and West of the Weldon Valley Irrigation Canal, together with the SE¼ of Section 27, Township 5 North, Range 60 West of the 6th P.M. 5. Historic Use: The wells have been used for irrigation of 252 acres in the NE1/4 of Section 34, Township 5 North, Range 60 West of the 6th P.M., in the SE1/4 of Section 7, Township 4 North, Range 60 West of the 6th P.M., in Morgan County, Colorado along with contribution from 38 1/8th shares of the Weldon Valley Ditch Company and 7 shares of Jackson Lake. 6. Plan for Augmentation: 6.1. Depletions: Applicant proposes a plan of augmentation to prevent injury to senior appropriators from any out-of-priority diversions by the wells. The irrigation requirement for the 252 acres was estimated on a monthly basis using the modified Blaney-Criddle method. Meteorological data was gathered from the Northern Colorado Water Conservancy District weather station in Wiggins, Colorado. The water balance approach first calculated ETO as a function of meteorological data and soil water holding capacity with consideration to available water within a specific soil texture. A resistance factor or Single crop coefficient (KC) is then applied to the ETO to result in the evapotranspiration rate of the specified crop. The result was the crop IWR. Detailed cropping information was used for the time period of 1982 to 2003. An averaged IWR per well was used for 2004. The IDS CU Model was used in establishing the consumptive use of the ground water. Lagged stream depletions resulting from well operations were calculated using the Stream Depletion Factor (SDF) method (Jenkens, 1968). The SDF for each well was determined by getting accurate location of the wells and projecting those locations to the United States Geological Survey Stream Depletion Factor Maps. After a location of the well was established on the USGS SDF maps, the SDF was determined by linear interpolation of the SDF lines to well location. The IDS AWAS model was used in the calculation of the stream depletions. From 1974 to 1981, acre-feet withdrawn per month were estimated based on the average diversion for the years 1982 to 1987. The 2003 usage was zero which is consistent with the GASP SWSP approval. The projected 2004 consumptive use from groundwater is an historical average of the years 1999 to 2002, and is 61 acre feet. 6.2. Replacement Sources: 6.2.1. Applicant is entitled to recharge credits from the Decree of Riverside Reservoir and Land Company, W-2919 Area III, by virtue of his ownership of Riverside rights. 6.2.2. Applicant has an agreement for additional Riverside credits from Joseph Ruland. 6.2.3. Applicant is entitled to recharge credits from recharge pursuant to the Weldon Valley Ditch Recharge Water Right, Case No. 02CW377 by virtue of his ownership of Weldon Valley Ditch shares. 6.2.4. Applicant may use up to 38 1/8th shares of Weldon Valley Ditch described above. 7. Name and Address of Owners of Structures: Applicant owns the irrigation wells. Riverside Reservoir and Land Company 215 E, Kiowa Street, Fort Morgan, Colorado 80701 owns the Riverside Inlet Canal. Weldon Valley Ditch Company, P. O. Box 626, Weldona, Colorado 80653 owns the Weldon Valley Ditch Recharge Water Right. 04CW91 Shelli K. Dimig, 4277 N. 109th Street, Lafayette, CO 80226, (720)203-2900 Application for Change of Water Right IN BOULDER COUNTY 2. Decreed name of structure for which change is sought: (indicate whether ditch, well, springs, reservoir, etc.) Blough Pond 3. From previous Decree: A. Date Entered: July 10, 1979. Case No. W-9324-78 Court: Water Division No. 1, Decreed point of diversion (include map): In the SE1/4 SE1/4 of Section 15, Township 1 North, Range 69 West, 6th P.M., Boulder County, at a point 342’ North and 30’ West of the SE corner of Section 15. B. Source: Runoff and return flows collecting in By-Pass Ditch running immediately south of the Pond and return flows and run-off from the land lying to the West of the pond. C. Appropriation Date: December 31, 1970.


Amount: 17.6 acre-feet. D. Historic use: (Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist.) Irrigation of 35 acres. 4. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use; (if well, please list pertinent information from well permit) (b) location; (c) use; (d) amount; (e) give proposed plan for operation (if (b) thru (e) applicable, please give full descriptions.) The decreed point of storage listed above is incorrect, apparently due to a clerical error in the original application. This application is being filed solely for the purpose of correcting the legal description of the location of the structure to read as follows: In the SW1/4 NE1/4 of Section 15, Township 1 North, Range 69 West, 6th P.M., Boulder County, at a point 342’ North and 30’ West of the SE corner of the SW1/4 NE1/4 of Section 15. The correct location of the pond is shown on the USGS Erie, CO 7.5 minute quadrangle, 1979 photo revision, a copy of which is attached as Exhibit A. Name(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant. 04CW92 Fred Rehmer, Inn at Lakewood, 555 So. Pierce St., Apt. 140, Lakewood, CO 80226. Application for Finding of Diligence, IN JEFFERSON COUNTY. Rehmer Well - located in the NE1/4 SE1/4 S1 T7S, R72W of the 6th P.M., 1700’ from N section line and 4800’ from W section line. line.Jim's subdivision Lot 15A Blk 4. Source: Groundwater Appropriation: 10/31/1973 Amount claimed: 15 gpm Use: Commercial buildings (3 pages) 04CW93 Franz Launer, 2020 39th Ave, Greeley, CO, 80634 & Elsie Launer, 2704 Meadowbrook Ln, Greeley, CO. Application for Underground Water Right, IN LARIMER COUNTY. Launer Well – Permit #103229, 328 Piney Knolls, aka Piney Knolls Lot 18, located in the NW1/4 NE1/4 S32 T10N, R73W of the 6th P.M., 20’ from N section line and 1645’ from E section line. Source: Groundwater Appropriation: 11/14/1978 Amount claimed: 5 gpm Use: Household (3 pages) 04CW94 Jason Kent, PO Box 58, Red Feather Lakes, CO 80545. Application for Underground Water Right, IN LARIMER COUNTY. Kent Well – Permit #97214, 320 Piney Knolls, aka Piney Knolls Lot 19, located in the NE1/4 NE1/4 S32 T10N, R73W of the 6th P.M., 100’ from N section line and 1123’ from E section line. Source: Groundwater. Appropriation: 06/21/1978 Amount claimed: 1 gpm Use: Household (3 pages) 04CW95 Rollin & Myrna Grannon, 255 Piney Knolls Dr, PO Box 119, Red Feather Lakes, CO 80545. Application for Underground Water Right, IN LARIMER COUNTY. M&R Well – Permit #251326, 255 Piney Knolls, aka Piney Knolls Lot 14, located in the NE1/4 NE1/4 S32 T10N, R73W of the 6th P.M., 550’ from N section line and 1000’ from E section line. Source: Groundwater. Depth: 500’ Appropriation: 08/04/2003 Amount claimed: 7.5 gpm Use: Household (3 pages) 04CW96 Beverly Hills Mutual Water Company v. Castle Pines North Metropolitan District. Henry D. Worley, 530 Communication Cir., Ste 204, Colorado Springs, CO 80905-1743. Complaint for Declaratory Judgment. 04CW97 Beverly Hills Mutual Water Company v. Freshfields, Inc.. Henry D. Worley, 530 Communication Cir., Ste 204, Colorado Springs, CO 80905-1743. Complaint for Declaratory Judgment. 04CW98, John B. Jensen, c/o Mr. Luther Harris, 720 Oxford Lane, Fort Collins, CO 80525. APPLICATION FOR FINDING OF DUE DILIGENCE, in LARIMER COUNTY. All correspondence and pleadings to William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. 2. Name of structure: The name of each structure to which this decree pertains is as follows: Harris Reservoir A. 3. Describe conditional water right (as to each structure) giving the following from the


Referee's Ruling and Judgment and Decree: A. Date of Original Decree: April 9, 1998. Case No. 88CW213. Court: District Court, Water Division No. 1. Location: Harris Reservoir A: SE ¼ NW ¼ Section 10, Township 6 North, Range 68 West of the 6th P.M., Larimer County. The center line of the outlet tube along the axis of the proposed dam is located at a point 2260.7 feet South and 1849.8 feet East of the Northwest corner of Section 10, Township 6 North, Range 68 West of the 6th P.M. B. Source: Natural runoff and return flows from lands lying generally to the west of the reservoir, tributary to the Cache La Poudre River. C. Appropriation Date: March 2, 1987. D. Amount: 100 acre feet with the right to fill and refill the reservoir when water is legally available, with the maximum amount of annual refill to be 50 acre feet, all conditional. E. Use: Augmentation, wildlife propagation, piscatorial, recreation, replacement and exchange, and irrigation of approximately 6.0 acres situate in the southeast corner of the real property as shown on the map attached hereto identified as decree Exhibit A, and of approximately one-half acre of trees located generally to the east of the Harris Gravel Pit, identified below, in the NE ¼ of the NW ¼, Section 10, Township 6 North, Range 68 West, Larimer County, Colorado. The augmentation, replacement and exchange uses herein decreed relate solely to the Harris Gravel Pit. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During this diligence period, applicant has continued to excavate the reservoir. Approximately 250,000 yards of material have been removed from the reservoir, which is 86% of the total material that needs to be excavated. Applicant has expended approximately 640 hours and $18,000 dollars in this effort during the diligence period. 04CW99 - ANDREW J. MARCUS and LINDA A. MARCUS, 18250 Black Forest Road, Colorado Springs, CO 80908. (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905-1743) Application for Not Nontributary and Nontributary Underground Denver Basin Water Rights in EL PASO COUNTY. 2. Names of wells and permit, registration, or denial numbers: Exempt Dawson well 201085 has been permitted and constructed on the Property. 3. Legal description of wells: At any location on the Property, which itself is described as the 240 acres comprising the SE1/4 Section 7 and the W1/2 SW1/4 Section 8, T. 11 S., R. 65 W., 6th P.M. in El Paso County, but not within 600 feet of another well in the same aquifer located off the Property except pursuant to the provisions of C.R.S. § 37-90-137(2)(b). 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer: 250 g.p.m. per well, 222.6 acre feet annually, absolute (see “remarks” below); Denver aquifer: 250 g.p.m. per well, 186.9 acre feet annually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 107.7 acre feet annually, absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 70.9 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer’s Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 7. Proposed uses: Indoor residential, commercial, irrigation, water amenities (ponds, swimming pools, water fountains, hot tubs and spas), livestock water, fire fighting and augmentation. 8. Name and address of owner of land on which well is located: Same as Applicants. A copy of Applicants’ deed is attached to this application. 9. Remarks: There are no liens or encumbrances of record, nor unrecorded liens or encumbrances of which Applicants are aware, against the Property, so the notice provisions of C. R.S. §37-90-137(4)(b.5) are not applicable. This decree and all wells decreed herein will comply with all relevant provisions of the Denver Basin Rules and Statewide Nontributary Ground Water Rules. Applicants wish to reserve three acre feet annually from the Dawson aquifer for exempt well 201085; otherwise, the amount sought to be decreed for annual withdrawal from the Dawson aquifer would be 225.6 acre feet. Applicants acknowledge that the Dawson aquifer is nontributary in this location and the Dawson aquifer water


decreed pursuant to this application may not be pumped absent prior Water Court approval of a plan for augmentation. 04CW100 John Rudisaile, 181 Piney Knolls Dr, PO Box 310, Red Feather Lake, CO 80545. Application for Underground Water Right, IN LARIMER COUNTY. Rudisaile Well – Permit #103203, 181 Piney Knolls, aka Piney Knolls Lot 12, located in the NE1/4 NE1/4 S32 T10N, R73W of the 6th P.M., 500’ from N section line and 900’ from E section line. Source: Groundwater. Depth: 170’ Appropriation: 11/14/1978 Amount claimed: 2 gpm Use: Household (3 pages) 04CW101 Riverside Irrigation District, 215 East Kiowa Street Fort Morgan, Colorado 80701, c/o Mark J. Wagner, Hill & Robbins, P.C., 1441 18th Street, Suite 100, Denver, CO 80202 Telephone: (303) 296-8100. Application for Finding of Reasonable Diligence in WELD AND MORGAN COUNTIES. 2. Name of Structure: Vancil Reservoir, First Enlargement 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a. Date of Original Decree: October 30, 1990; Case No. 88-CW-221; Court: District Court, Water Division No. 1. b. Location: (1) Vancil Reservoir is an off-channel reservoir located in portions of Sections 28, 29, 32, and 33, T5S, R56W, 6th P.M., Morgan County, Colorado. The initial point of survey of the high water line of Vancil Reservoir is located on the left abutment of the dam at a point which bears approximately north 52°52’ west 1200 feet from the southeast corner of Section 29, T5N, R56W, 6th .M., thence south 37°51’ east 940 feet; thence across Section 32 into section 33, T5N, R56W, 6th P.M., south 43°55’ east 1020 feet; thence north 87°34’ east 396 feet; thence south 35°35’ east 1000 feet; thence north 60°00’ east 2600 feet to the northeast end of the dam. (2) Point of diversion to storage: The ditch used to fill Vancil Reservoir is the Riverside Canal, having a capacity of 1000 cfs at the point of diversion located on the north bank of the South Platte River near Kuner, Colorado, in the SW/4 SW/4, Section 20, T5N, R 63W, 6th P.M., Weld County Colorado. Source: South Platte River and all tributaries intersecting the Riverside Canal, including natural runoff. Appropriation Date: June 17, 1986; Amount: 1950 acre-feet to be diverted through the Riverside Canal at a maximum rate of 1000 cfs, with the right to temporarily store water in Riverside Reservoir and Wildcat Reservoir and to fill and refill and maintain Vancil Reservoir at full capacity when water is legally available. Pursuant to the Decree in Case No. 96CW236, 658.4 cfs of the said 1000 cfs conditional diversion rate, and 1359 acre feet of the said 1950 acre feet conditional storage right, were made absolute. Use: Irrigation, augmentation, recharge, replacement, domestic, municipal, industrial, stock water, recreational and wildlife purposes. The water stored in Vancil Reservoir or recharged to the alluvium of the South Platte River may be used directly or by exchange. The acreage to be irrigated includes land in Weld and Morgan Counties now, or in the future, included in Riverside Irrigation District under the provisions of the Irrigation District Law of 1905. The District is presently located on the north side of the South Platte River in Townships 4 and 5 North, Ranges 55 through 63 West, 6th P.M. in Weld and Morgan Counties. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Since the Decree was entered in Case No. 96CW236, Applicant has continuously operated and maintained Vancil Reservoir and its associated structures and it and the Riverside Reservoir and Land Company have incurred operation, maintenance and other expenses incident to Vancil Reservoir and associated structures in an amount in excess of $1,807,000 during the diligence period. However, no additional water was diverted, stored or used pursuant to the subject water rights over and above the amounts previously made absolute in Case No. 96CW236. Accordingly, Applicant requests that the Court enter a decree finding that the Applicant has exercised reasonable diligence in the development of the remaining conditional water right and that the Court enter a Decree affording the applicant such other relief as the Court deems appropriate. 04CW102 Morgan County School District RE3, 230 Walnut Street, Fort Morgan, CO 80701, (970) 867-5633 (Kim R. Lawrence, P. Andrew Jones, Kelly J. Custer, Lind Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO 80631; (970) 356-9160). Application for Water Rights, Change of Water Rights


and Approval of Plan of Augmentation in MORGAN COUNTY. APPLICATION FOR WATER RIGHTS 2. Name and location of Structure: Legion Field Well, not registered. In the SE1/4, NW1/4, NW1/4 Section 7, Township 3N , Range 57 West of the 6th P.M., Weld County, Colorado, approximately 302 feet east of the west section line and 283 feet south of the north section line. a. Source: Groundwater tributary to the South Platte River. b. Date of appropriation: December 31, 1940. c. How appropriation was initiated for each well: Construction of well, application to beneficial use. d. Amount Claimed: 0.45 c.f.s., absolute. e. Use for each well: Irrigation of 13.98 acres in the NW1/4, NW1/4 of Section 5 and the NW1/4, NW1/4 of Section 7 all in 3N, 57W of the 6th P.M. 3. Name and location of Structure: Green Acres Well, RF396. In the NW1/4, NW1/4, NW1/4 of Section 7, Township 3N , Range 57 West of the 6th P.M., Weld County, Colorado, approximately 95 feet east of the west section line and 108 feet south of the north section line. a. Source: Groundwater tributary to the South Platte River. b. Date of appropriation: March 26, 1949 c. How appropriation was initiated for each well: Construction of well, application to beneficial use. d. Amount Claimed: 1.67 c.f.s., absolute. e. Use for each well: Irrigation of 10.68 acres in NW1/4, NW1/4 of Section 5 all in 3N, 57W of the 6th P.M. CHANGE OF WATER RIGHTS 4. Decreed Name of Structure: Riverside Reservoir a. Previous Decrees: Direct flow and reservoir decrees described in Exhibit AA@ attached hereto. b. Historic Use: The two contractual rights to Riverside Reservoir were historically used, along with 290 acre rights of Riverside Irrigation District, for the irrigation of 160 acres the SE 1/4 of Section 35, Township 5 North, Range 67 West of the Sixth P.M. The pro rata historic consumptive use of the 2 rights is 14.05 acre feet per year. The owner the historically irrigated lands has agreed and covenanted to dry up a portion of the lands historically irrigated by the 2 private rights and 290 acre rights proportionate to the amount irrigated by the 2 private rights. c. Return Flows. Applicant will replace return flows at all times when there is a downstream call on the river senior to March, 2004. AUGMENTATION PLAN 5. Water Rights to be Augmented: Legion Field Well (unregistered), Green Acres Well (RF396), decreed herein. 6. Source of Augmentation: Two Private Riverside Reservoir Contractual Rights, represented by Contract No. 2114, the use of which has been changed herein, and recharge credits Applicant from the Riverside Reservoir and Land Company the Applicant is entitled to by virtue of its ownership of the two rights, including but not limited to recharge rights listed on Exhibit AA,@ attached hereto. 7. Plan for Augmentation: a. Diversions from the Legion Field and Green Acres wells will cause depletions to the South Platte River and its tributaries. The purpose of this plan is to replace out of priority depletions in time, location and amount to the extent necessary to prevent injury to senior, calling rights. The Applicant will direct the delivery of Riverside Reservoir water and recharge credits as necessary to replace out of priority depletions and to maintain historic return flow patterns. Pumping will be limited to ensure that consumptive use of the wells does not exceed Applicant’ss ability to deliver replacement water. b. Replacement of Out of Priority Depletions: Applicant will make replacement of out of priority depletions using the Riverside Rights and associated recharge credits at all times when there is a downstream call on the river senior to March, 2004. c. Accounting and Reporting: Applicant will make an accounting of their augmentation plan and make reports to the Division Engineer. 8. Name and Address of Owners of Structures: The Legion Field Well and the Green Acres Well are owned by Morgan County School District RE-3. Riverside Irrigation District, 215 East Kiowa Avenue, Fort Morgan, CO 80701, owns the structures and water rights necessary for the delivery of the two rights at issue herein. 04CW103 Thomas and Kelly Zamorski, APPLICATION FOR CHANGE OF WATER RIGHT IN DOUGLAS COUNTY , 10708 Inspiration Drive, Parker, Colorado 80138, (303) 841-5059 2. Decree information for which change is sought: Case No. 2000CW011 as decreed on June 21, 2000, District Court, Water Division 1. The property, which is the subject of the decree, is approximately 160 acres located in the NW1/4 of Section 16, T6S, R65W of the 6th P.M. Applicants are the owners of 36 acres of the land, which is generally located in part of the E1/2NW1/4 of Section 16, T6S, R65W, as more particularly described and shown on Attachment A hereto (Subject Property). This application for change of water right only affects the Subject Property and no other part of the decree is affected by this application. 3.Proposed change: In the original decree, 23.75 acre-feet per year of Upper Dawson aquifer


water was decreed to be withdrawn through 19 individual wells pursuant to an augmentation plan decreed therein. Each well is decreed to withdraw 1.25 acre-feet per year over a 100 year period. Applicants are the owners of 5 of these augmented wells which is equal to 6.25 acre-feet per year. Applicants also own all other groundwater underlying the Subject Property as decreed in Case No. 2000CW011. Applicants request that the augmentation plan affecting use of two of Applicants augmented Upper Dawson aquifer wells, be amended so that the combined amount of 2.5 acre-feet per year be withdrawn through only one well and for one additional use. The one well withdraw the 2.5 acre-feet per year for use in up to two residences (0.6 acre-feet), irrigation of 28,000 square-feet of irrigated area (1.6 acre-feet), stockwatering of 16 large domestic animals (0.2 acre-feet), and filling of a swimming pool (0.1 acre-feet). As referenced in the original decree, approximately 90% of the water used for in-house use through non-evaporative septic systems and 10% of the water used for irrigation will return to the stream system. Stockwatering use and water to fill a swimming pool will be 100% consumed. Total depletion at 100 years from pumping of the 2.5 acre-feet per year of Upper Dawson aquifer water is only 0.195% of the annual amount withdrawn or 0.0048 acre-feet. Return flows from use of the water are more than sufficient to replace the actual depletion caused by pumping of this well as previously decreed. Depletion occurs to the South Platte River system and return flows accrue via Piney Creek. No other parts of the original decree will be changed, including any terms and conditions concerning use of Applicants remaining three augmented Upper Dawson aquifer wells. WHEREFORE, Applicants pray that this Court enter a decree granting this application and for a finding that the change requested herein will not injuriously affect other owners or users of vested or conditional water rights, and for such other relief as it deems proper in the premises. 04CW104 - Cherry Creek Valley and Sanitation District, 8501 E. Iliff Avenue, Denver, Colorado 80231, IN THE MATTER OF THE APPLICATION FOR FINDING OF DILIGENCE OF CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT, IN ARAPAHOE COUNTY, Please contact: Frederick A. Fendel, III and/or Matthew S. Poznanovic, PETROCK & FENDEL, P.C., 700 17th Street, Suite 1800, Denver, CO 80202, 303-534-0702, 2. Structure/Conditional Water Rights: 2.1 CCV ALV Wells 1 - 3 (“the Wells”); 2.2 Exchange from the Metropolitan Denver Wastewater Reclamation Plant (“the Exchange”).3.Description of Conditional Water Rights from original decree:3.1 Original decree: Case No. 90CW218(A), entered April 27, 1994.3.2 The Wells:3.2.1 Locations: 3.2.1.1 CCVALV-1: In the SE¼NW¼, section 28, T4S, R67W, 6th PM, Arapahoe County at a point 2500 feet from the north line and 2500 feet from the west line;3.2.1.2 CCVALV-2:Inthe NE¼SE¼, section 28 T4S, R67W, 6th PM, Arapahoe County at a point 1350 from the south line and 880 feet from the east line;3.2.1.3 CCVALV-3: In the SE¼NE¼, section 28,T4S, R67W, 6th PM, Arapahoe County at point 2550 feet from the north line and 1300 feet from the east line.3.2.2 Source: Cherry Creek, tributary to the South Platte River, 3.2.3 Amount: 2.23 cfs (1,000 gpm) each, conditional, 3.2.4Appropriation Date: December 28, 1990 3.3 the Exchange: 3.3.1 Points of Diversion: the Wells;3.3.2 Point of release of substitute supply: Outfall of the Denver Metropolitan Wastewater Reclamation District Plant located in the SW¼NW¼, section 1, T3S, R68W, 6th PM, Adams County, 3.3.3Amount: 6 cfs, conditional, 3.3.4Appropriation Date: December 28, 1990,3.3.5 Source of Substitute Supply: Wastewater from the use of water in Cherry Creek Valley’s separate water system, which includes water from the Wells and Cherry Creek Valley’s nontributary and not nontributary ground water rights. Water supplied to Cherry Creek Valley under its Distributor’s Contract with Denver is not included., 3.4 Use: All municipal purposes within the Applicant’s service area including domestic, industrial, commercial, irrigation, stockwatering, fire protection, recreation, fish and wild life preservation and propagation. Water may be diverted for use in the separate water system servicing a portion of the District pursuant to agreement with the Denver Water Department. In Case No. 94CW267, additional uses were added as follows: augmentation, replacement and exchange; and artificial recharge of the alluvium of Cherry Creek and of those portions of the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the District. Detailed outline of work done toward completion of the appropriation: 4.1Cherry Creek Valley planned, filed, and pursued to decree Case Nos. 94CW266 and 267 (the “Wabash Project”) adding additional sources of augmentation water to the augmentation plan for


the Wells, new uses for the Wells, and additional points of diversion, places of storage and source of substitute supply for the Exchange. 4.2Continuous ongoing planning and engineering for use of Denver basin groundwater and the Wabash Project as sources of augmentation water for the wells and sources of substitute supply for the exchange, including studies funded in part by the Colorado Water Conservation Board of the yield and reliability of the projects, a water conservation plan, analysis of regulations governing aquifer recharge, site surveys, mapping and aerial photography of the well sites, design of Wabash project facilities, drilling and equipping a nontributary well, and environmental studies related to endangered species. 4.3Acquisition of land and additional nontributary groundwater rights, negotiations for additional land acquisition and land trades for the Wabash Project.4.4Negotiations with potential users of water from the separate water system, including a private school and public open space, renegotiate prior agreement with Los Verdes Country Club, and related engineering studies. 4.5Protection of water rights by opposition to applications for competing water rights,exchanges and augmentation plans. 4.6Studies funded by an EPA 319 grant of surface and ground water quality, ground water water levels, and climatic data. 4.7Additional miscellaneous work and expenditures 4.8 Expenditures for development of these conditional rights and related parts of CCV’s integrated system were at least $1,292,210. Expenditures associated with some of the activities identified remain to be quantified.5.Owners of land on which structures are located:5.1 the Wells and Wabash Project pipeline: Applicant 5.2Wastewater outfall: Metropolitan Wastewater Reclamation District 6450 York Street Denver, Colorado 80229 6. Cherry Creek Valley did not timely receive notice of the requirement to file its diligence application for these conditional water rights. This application is filed more than 6 years from the date of the original conditional decree, but pursuant to West Elk Ranch, LLC v. U.S.A., 02SA93, December 2, 2002, is timely due to the lack of notice. WHEREFORE, Applicant Cherry Creek Valley Water and Sanitation District, requests a finding of reasonable diligence, that its conditional water rights be continued, and for such other and further relief as may be appropriate. 04CW105 Edward Rutherford, 421 Huntington Hills Drive, Fort Collins, CO 80525. Application for Underground Water Right, IN LARIMER COUNTY. Rutherford Well – Permit #205602, 180 Piney Knolls, aka Piney Knolls Lot 22, located in the NE1/4 NE1/4 S32 T10N, R73W of the 6th P.M., 70’ from N section line and 1049’ from E section line. Source: Groundwater. Depth: 360’ Appropriation: 11/21/1998 Amount claimed: 10 gpm Use: Household (3 pages) 04CW106 (97CW102) City of Arvada, 8101 Ralston Road, Arvada, CO 80002, (720) 898-7766, Steven P. Jeffers, Madoline E. S. Wallace, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900, Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Absolute IN JEFFERSON COUNTY. 2. Name of Conditional Water Rights: Ralston Creek Exchange I, Metropolitan Denver Waste Water Treatment Plant Exchange to Clear Creek or Ralston Creek, Ward Road Pond to Arvada Reservoir Exchange. 3. Describe Conditional Water Rights (as to each structure) from Referee’s Ruling and Decree (include a map): A) Date of original decree: February 13, 1991; Case No. 88CW105, District Court, Water Division No. 1. Diligence decree entered on April 24, 1998, in Case No. 97CW102. B) Description of conditional water rights and rates of diversion: The Court previously decreed absolute Arvada’s exchanges identified as Clear Creek Exchange, Ralston Creek Exchange II, Ralston Creek to Clear Creek Exchange and Clear Creek to Ralston Creek Exchange. The following exchanges remain conditional or partially conditional and are the subject of this application. i) Ralston Creek Exchange I. Water to which Arvada is entitled pursuant to the decree in Case No. 88CW105 from the Reno-Juchem Ditch, the Slough Ditches, the Fisher Ditch, the Church Ditch, the Farmers High Line Canal, the Swadley-Longan Ditch and the Manhart Ditch and which is conveyed to Ralston Creek in the Croke Canal, the Church Ditch, the Farmers High Line Canal or the Reno-Juchem Ditch may be released to Ralston Creek and an equal amount may be stored in Arvada Reservoir. The maximum rate of the exchange from the Reno-Juchem Ditch is 0.1 cfs. The maximum rate of this exchange from the Slough Ditches is 0.32 cfs, which has previously been decreed


absolute. The maximum rate of the exchange from Fisher Ditch is 0.23 cfs. The maximum amount of this exchange from the Church Ditch is 0.437 cfs, which has previously been decreed absolute. The maximum rate of the exchange from the Farmers High Line Canal is 19.5 cfs, of which 14 cfs has previously been decreed absolute and 5.5 cfs is conditional. The maximum rate of the exchange from the Swadley-Longan Ditch is 0.03 cfs. The maximum rate of the exchange from the Manhart Ditch is 0.04 cfs. Ii) Metropolitan Denver Waste Water Treatment Plant Exchange to Clear Creek or Ralston Creek. Treated sewage effluent from the Metropolitan Denver Waste Water Treatment Plant for which Arvada is entitled to claim credit pursuant to the decree in Case No. 88CW105, and which effluent is in excess of return flow obligations due at the outfall of the treatment plant, may be released at the plant outfall and an equal amount of water may be diverted either at the headgate of the Croke Canal on Clear Creek or at Arvada Reservoir on Ralston Creek. The cumulative rate of flow for this exchange, together with the like treatment plant exchanges described in the decrees in Case Nos. W-8762-77, 82CW359, 85CW409, and 85CW410, is 12 cfs. 4.77 cfs of the exchange to Clear Creek (headgate of Croke Canal) was decreed absolute in 97CW102. The remaining conditional amount of the exchange to Clear Creek is 7.23 cfs. 4.87 cfs of the exchange to Ralston Creek (Arvada Reservoir) was decreed absolute in 97CW102. The remaining conditional amount of the exchange to Ralston Creek is 7.13 cfs. iii) Ward Road Pond to Arvada Reservoir Exchange. Water to which Arvada is entitled pursuant to the decree in Case No. 88CW105 from the Reno-Juchem Ditch, the Slough Ditches, the Fisher Ditch, the Manhart Ditch, the Swadley-Longan Ditch, the Church Ditch and the Farmers High Line Canal may be diverted into the Ward Road Pond. Water will be released to Clear Creek from Ward Road Pond and (1) exchanged up to the Croke Canal and stored in Arvada Reservoir, or (2) bypassed down Clear Creek and delivered to the confluence of Ralston Creek and Clear Creek and an equal amount of water diverted at Arvada Reservoir. The total volume of water that may be stored in Ward Road Pond for exchange from Ward Road Pond as described in this paragraph and as described in the decrees in Case Nos. 85CW409 and 85CW410 is 300 acre feet during the period April 1 through October 31 of each year. The cumulative rate of flow for the Ward Road Pond to Arvada Reservoir Exchange described in this paragraph, together with the like Ward Road Pond to Arvada Reservoir Exchange described in the decrees in Case Nos. 85CW409 and 85CW410, is 33 cfs. Arvada has agreed to not operate the Ward Road Pond to Arvada Reservoir Exchange until Arvada has obtained a decree of the Water Court determining that Arvada has the ability to control and monitor inflows and outflows from Ward Road Pond and such storage in Ward Road Pond will not injure other vested water rights. C) Location: The locations of the structures involved in the above-described exchanges are depicted on the map attached hereto as EXHIBIT A and are described as follows: i) Arvada Reservoir. Arvada Reservoir is located in Section 3 and the NW ¼ of Section 2, Township 3 South, Range 70 West, 6th P.M., and the SE ¼ Section 33, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The centerline of the dam of Arvada Reservoir is described as follows: Commencing at the NE Corner of Section 3, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado; thence at an angle to the right of 17º34’59” from the East line of said Section 3, a distance of 200.75 feet to the True Point of Beginning. Thence at a deflection angle to the right of 4º52’48”, a distance of 1683.374 feet to a point of curvature; thence along a curve to the right, having a radius of 2585.813 feet, and a delta of 26º07’37”, a distance of 1179.134 feet to a point of tangency; thence along the tangent of the before-described curve, a distance of 819.242 feet to the point of ending. ii) Croke Canal. The Clear Creek headgate of the Croke Canal is at a point on the North bank of Clear Creek in the NW ¼ NE ¼ of Section 26, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. iii) Farmers High Line Canal. The Clear Creek headgate of the Farmers High Line Canal is located on the North bank of Clear Creek in the N ½ SW ¼ of Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, about 860 feet South, 7º30’ East (magnetic bearing) from the NE corner of the W ½ of said Section 27. iv) Church Ditch. The Clear Creek headgate of the Church Ditch is located on the North bank of Clear Creek approximately one mile West of Golden, at a point in the SE ¼ NW ¼ NE ¼ of Section 32, Township 3 South, Range 70 West of the 6th P.M., South 69º30’ West, 1,450 feet from the NE corner of said Section, Jefferson County, Colorado. v) Reno-Juchem Ditch. The Clear Creek headgate of the Reno-Juchem Ditch is located in the NE ¼ SE ¼


SW ¼, Section 19, Township 3 South, Range 69 West of the 6th P.M. at a point on the North bank of Clear Creek about 1,350 feet upstream of Eldridge Street, Jefferson County, Colorado. vi) Swadley-Longan Ditch. The Ralston Creek headgate of the Swadley-Longan Ditch is located on the North bank of Ralston Creek in the SE ¼ NW ¼, Section 4, Township 3 South, Range 69 West, Jefferson County, Colorado. vii) Slough Ditches. The Clear Creek headgate of the Bayou Ditch Association (Slough Ditches) is located in the NE ¼ SE ¼, Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point on the North bank of Clear Creek ¼ mile West of the Youngfield Street Bridge, Jefferson County, Colorado. viii) Manhart Ditch. The decreed point of diversion for the Manhart Ditch is on the North bank of Ralston Creek in the SW ¼, Section 12, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. ix) Fisher Ditch. The decreed point of diversion for the Fisher Ditch is on the South bank of Clear Creek in the SW ¼, Section 8, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. x) Metropolitan Denver Waste Water Treatment Plant Outfall. The outfall of the Metropolitan Denver Waste Water Treatment Plant is at a point on the East bank of the South Platte River in Section 1, Township 3 South, Range 68 West, which lies 1,400 feet East of the SW corner of said Section 1, Adams County, Colorado. xi) Ward Road Pond. Ward Road Pond is located in the NE ¼, Section 20, Township 3 South, Range 69 West, 6th P.M., Jefferson County, Colorado. D) Source of water diverted by exchange: Ralston Creek and Clear Creek, which are tributaries of the South Platte River. E) Appropriation Date: January 20, 1988. F) Use: Municipal (including domestic, irrigation, commercial and industrial), recreational, fish and wildlife propagation, irrigation, and augmentation purposes. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject conditional exchanges are part of Arvada’s integrated municipal water supply system, which Arvada continued to develop during the diligence period to meet growing demands within its service area. During the subject diligence period, Arvada conducted the following work at a cost in excess of $1.8 million: A) Conducted a comprehensive engineering inspection of Arvada Reservoir, its outlet gates and structure at a cost of $7,500. B) Designed and constructed Arvada’s Church Ditch Pump Station and pipeline to deliver to Arvada Reservoir a portion of the water that is a source of the subject conditional water rights at a cost of approximately $1,500,000. C) Conducted engineering studies for an enlargement of Arvada Reservoir at a cost of approximately $300,000. D) Adjudicated water court cases including: Case No. 2000CW235 for a change of water rights associated with Arvada’s FRICO shares; Case No. 2001CW030 for diligence on a conditional water right for Arvada Reservoir/Tucker Lake Exchange; and Case No. 2002CW012 for diligence on a conditional water right for Blunn Lake Reservoir – Seepage Control System. E) Opposed numerous water court cases filed by others to protect from injury Applicant’s water rights, including the subject conditional water right, and has incurred legal and engineering expenses in defense of this water right. 5. If a claim to make absolute, water applied to beneficial use: A) Dates and Amounts: The following amounts of water were diverted and put to beneficial use under the terms of the decree in Case No. 88CW105, in addition to the amounts previously decreed absolute: i) Arvada exercised Ralston Creek Exchange I, described in paragraph 3.B.i. above, on the following dates in the following amounts: (a) 0.1 cfs from the Reno-Juchem Ditch on June 12, 2003; (b) 0.23 cfs from the Fisher Ditch on May 23, 2000; (c) 14.6 cfs from the Farmers High Line Canal on May 3, 2003 (representing an additional 0.6 cfs made absolute); (d) 0.03 cfs from the Swadley-Longan Ditch on June 12, 2003; and (e) 0.04 cfs from the Manhart Ditch on June 3, 2003. ii) Arvada exercised the Metropolitan Denver Waste Water Treatment Plant Exchange to Clear Creek or Ralston Creek, described in paragraph 3.B.ii. above, at a maximum rate of 6.05 cfs to Ralston Creek (Arvada Reservoir) on July 6, 1998 (representing an additional 1.18 cfs made absolute). Iii) Copies of Arvada’s accounting sheets demonstrating Arvada’s exercise of these conditional water rights are attached as EXHIBIT B. B) Use: The water diverted under the subject exchanges was used for municipal purposes within Arvada’s municipal water system, for recreational, fish and wildlife propagation purposes in Arvada Reservoir, and for irrigation, and augmentation purposes. C) Description of place of use where water is applied to beneficial use: Within Arvada’s water service area. 6. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is


or will be placed to beneficial use: The Arvada Reservoir and Ward Road Pond are owned by Arvada. The Reno-Juchem Ditch and the Swadley-Longan Ditch are owned by the Consolidated Juchem Ditch and Reservoir Company whose address is 5320 West 67th Avenue, Arvada, Colorado 80003. The Fisher Ditch is owned by the Fisher Ditch Company whose address is 4653 Table Mountain Drive, Golden, Colorado 80403. The Farmers High Line Canal is owned by the Farmers High Line Canal & Reservoir Company whose address is 725 Malley Drive, Northglenn, Colorado 80233. The Manhart Ditch is owned by the Manhart Ditch Company whose address is P.O. Box 8101, Arvada, Colorado 80001. The Croke Canal is owned by the Farmers Reservoir and Irrigation Company whose address is 80 South 27th Avenue, Brighton, CO 80601. The Metropolitan Denver Waste Water Treatment Plant is owned by Metro Wastewater Reclamation District, whose address is 6450 York Street, Denver, Colorado 80229. WHEREFORE, Arvada requests that this Court enter a decree finding and determining that: 1) Arvada has made the conditional water rights absolute in the amounts described in paragraph 5; 2) Arvada has exercised reasonable diligence in the development of the remaining conditional water rights; and 3) The remaining conditional water rights should be continued in full force and effect for an additional six years. 04CW107 James Jagels and Paula K. Jagels, 5330 East Nichols Drive, Littleton, Colorado 80122, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Jagels Well No. 1 (Permit No. 469377), Jagels Well No. 2 and Jagels Well No. 3. 2. Legal Descriptions of the Wells: Jagels Well No. 1 is located in the SW 1/4 NW 1/4 of Section 27, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 2,200 feet South of the North Section line and 850 feet East of the West Section line of said Section 27. It can also be described as being located on Lot 1 of the Jagels Subdivision. Pursuant to Policy Memo No. 99-1 of the State Engineer, James Jagels and Paula K. Jagels ("Jagels"), request conditional underground water rights for the Jagels Well No. 2 and the Jagels Well No. 3. The exact locations of the wells will not be known until the location of the residences to be served are finally determined. However, the wells can generally be described as being within the SW 1/4 NW 1/4 of Section 27, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado and will be located on Lots 2 and 3 of the Jagels Subdivision. 3.A. Source of Water: Ground water which is tributary to either Kerr Gulch or Big Gulch, both of which are tributaries of Bear Creek and the South Platte River. 3.B. Depth of Jagels Well No. 1: 800 feet. Depth of Jagels Well Nos. 2 and 3: 800 feet, approximate. Dates of Appropriation: Jagels Well No. 1: November 14, 2000. Jagels Well Nos. 2 and 3: April 30, 2004. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Jagels Well Nos. 1, 2 and 3: N/A. 5. Amount Claimed: Jagels Well Nos. 1, 2 and 3: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the irrigation of lawns and gardens and fire protection purposes. 7. Names and Address of Owners of Land and on which the Wells are or will be Located: James Jagels and Paula K. Jagels, as described above. 8. Remarks: The Permit for the Jagels Well No. 1 was issued pursuant to 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 469377 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS: 1. Name of Structures to be Augmented: The wells described in Claim No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. The Jagels have entered into a contract with North Fork Associates, LLC to purchase 4.1 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 4.1 shares represent the right to receive 0.129 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares


of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, 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, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the


Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. 37-92-103(9), 302(1)(2) and 305(8): a. The Jagels have subdivided a tract of land, consisting of approximately 38.9 acres, into three residential lots known as the Jagels Subdivision. The property is located in the SW 1/4 NW 1/4 of Section 27, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The location of the property is depicted on the attached Exhibit "A." The water supply for the lots will be obtained from the Jagels Well Nos. 1, 2 and 3. b. Wastewater from all in-building uses of water is or will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to Kerr Gulch, Big Gulch and Bear Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, per lot. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the three lots is projected to be approximately 0.985 of an acre foot per year. d. Depletions associated with water which is used inside the single family residences will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment, and the Evergreen turf adjustment as outlined in a report prepared by Blatchley Associates, Inc. which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions are not anticipated to exceed 0.129 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. To the extent that a senior water right is commanding the entire flow of the stream system and an exchange of augmentation and replacement water cannot be made, MMRC water supplies previously exchanged to a storage container located on the subject property, or MMRC water physically transported into the basin, will be released to the stream system above the point of diversion of the senior water right. g. Since the points of depletion associated with water use from the Jagels Well Nos. 1, 2 and 3 are on side tributaries of Bear Creek and upstream of the Harriman Ditch headgate, the Jagels assert appropriative rights of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. One arm of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Bear Creek to the confluence of Bear Creek and Kerr Gulch in the NE 1/4 SW 1/4 of Section 36, Township 4 South, Range 71 West, 6th P.M.; and thence up Kerr Gulch to the point where depletions from the subject wells impact Kerr Gulch in the NW 1/4 NE 1/4 of Section 27, Township 4 South, Range 71 West, 6th P.M. A second arm of the exchange shall extend from the confluence of Bear Creek and Turkey Creek as above described; thence up Bear Creek to the confluence of Bear Creek and Troublesome Creek in the SE 1/4 SW 1/4 of Section 35, Township 4 South, Range 71 West, 6th P.M.; thence up Troublesome Creek to its confluence with Big Gulch in the SE 1/4 SW 1/4 of Section 35, Township 4 South, Range 71 West, 6th P.M.; and thence up Big Gulch to the point where depletions from the subject wells impact Big Gulch in the NW 1/4 SW 1/4 of Section 27, Township 4 South, Range 71 West, 6th P.M. The exchanges will operate to replace depletions to the flow of water in Kerr Gulch, Big Gulch, Troublesome Creek, Bear Creek and the South Platte River


as the depletions occur. The exchanges will be administered with a priority date of April 30, 2004, at a maximum flow rate of 0.001 of a cubic foot per second. h. The Jagels believe and assert that the depletions associated with use of the subject wells, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Troublesome Creek and Bear Creek that were decreed in Case Nos. 94CW255, 94CW259 and 94CW260. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. d. Structures described in Paragraph No. 1: James Jagels and Paula K. Jagels, as above described. WHEREFORE, the Jagels request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmenta-tion water are sufficient to eliminate material injury to vested water rights. The Jagels also request a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Jagels further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages and 1 exhibit). 04CW108 Tompkins Development, Inc., a Nebraska corporation, c/o Mr. Jerry Rohlfs, 12484 Cherry Street, Thornton, Colorado 80241. [Telephone: 303-908-8988] Application for Underground Water Rights from Nontributary and Not Nontributary Sources and for Approval of a Plan for Augmentation for Not Nontributary Lower Arapahoe Aquifer Withdrawals in ADAMS COUNTY. 2. Well Permits: A. Well permits for wells to withdraw ground water from the named aquifers have not yet been sought. Applicant will make application for permits for such wells when necessary. B. No well permit for withdrawal of not nontributary ground water from the Lower Arapahoe aquifer may be issued until an augmentation plan for such withdrawal is approved. Such augmentation plan is sought by this application, below. 3. Legal Description of Subject Property: Applicant's property which is subject to this application consists of 320 acres of land, more or less, located in the N ½ of Section 2, and the E ½ of Section 3, Township 1 South, Range 67 West of the 6th P.M., Adams County, as shown on Exhibit A hereto (Vicinity Map) and as described in Exhibit B hereto (Property Legal Description – Baseline Lakes Parcel). 4. Source of Water Rights: A. Nontributary Ground Water. 1. The source of the ground water to be withdrawn from the Laramie-Fox Hills aquifers is "nontributary" ground water as such term is defined in § 37-90-103(10.5), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. 2. Applicant will comply with the requirement to relinquish to the stream system two percent (2%) of all such nontributary ground water withdrawn. Otherwise, such water may be fully consumed to extinction for all beneficial uses. B. Not Nontributary Ground Water. 1. The source of the ground water to be withdrawn from the Lower Arapahoe aquifer is "not nontributary" ground water as such term is defined in § 37-90-103(10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. 2. Applicant may not obtain a well permit and withdraw such not nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. Such a plan is sought in this application, below. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary and not nontributary ground water. Applicant is the contract owner of the overlying land described herein. 6. Estimated Amounts and Rates of Withdrawal: A. Applicant’s wells will withdraw the subject ground water at rates of flow necessary to efficiently withdraw the entire decreed average annual amounts, through wells to be located on Applicant's property. Applicant waives any 600-foot spacing rule as described in section 37-90-137(2), C.R.S., for wells located on Applicant's property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6: Aquifer Land Area Sat. Thickness Ave. Ann. Amt.


Lower Arapahoe 320 Acres 86 feet 35.5 AF * Laramie-Fox Hills 320 Acres 190 feet 91.2 AF * The amount shown reflects a reduction of about 25% to account for the fact that the aquifer may be partially unsaturated at this location. B. The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant. This application represents a claim to all nontributary and not nontributary ground water underlying Applicant's property. 7. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available ground water lying below Applicant's property, as described herein, through the wells requested herein, which may be located anywhere on Applicant's property, and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are to be constructed, applications will be filed in accordance with § 37-90-137(10), C.R.S. 8. Proposed Uses: Applicant will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of stream depletions resulting from the use of water from other sources, and for augmentation purposes. 9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 10. Name and Address of Owner of the Land on Which Structures are Located: The contract purchaser of the land area described herein is the named Applicant herein, Tompkins Development, Inc. The contract sellers and present landowners, Stanley E. Guthrie and Phillis Webb, have consented to the filing of this application. 11. Additional Claims: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 6A above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. C. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant will, within ten (10) days after filing this application, supplement this application with evidence that Applicant has given notice of this application by registered or certified mail to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. PLAN FOR AUGMENTATION 12. Description of Plan for Augmentation: A. Ground Water to be Augmented: Lower Arapahoe aquifer ground water to be decreed as described in paragraph 6A above. B. Water Rights to be Used for Augmentation: Return flows from the use of fully augmented not-nontributary and nontributary ground water; direct discharge of nontributary ground water; and other adequate replacement water sources that may become available in the future. 13. Statement of Plan for Augmentation: A. Applicant will use both not nontributary Lower Arapahoe and nontributary Laramie-Fox Hills aquifer ground water to be decreed herein to serve as the domestic supply for approximately 140 single-family homes to be constructed on the property. Applicant will construct a central water supply system using as its source a well or wells constructed into the Lower Arapahoe and Laramie-Fox Hills aquifers. Each home will be delivered its domestic allocation of 0.30 acre-feet per year. Each home site will be equipped with a nonevaporative wastewater disposal system. B. The lawn and garden and landscape needs of the community, along with any stock watering supplies, will be supplied by Applicant’s ownership of shares in the New Brantner Ditch. C. For purposes of this application, it is estimated that each residence will require an annual amount of up to 0.30 acre-feet for domestic, in-house uses. Applicant reserves the right to amend these values based on final annual quantities available and final planning considerations for the Applicant's property. D. Consumptive use associated with in-residence uses will be approximately 10% of the water supplied; thus 90% of such water is not consumed. It is estimated that approximately 85% of the water applied to irrigation (from Applicant’s shares in the New Brantner Ditch) uses will be consumed, thus about 15% of water used for lawn irrigation purposes will


percolate and return to the stream system. It is assumed that any water used for stock-watering purposes is wholly consumed by such use. E. Before any other type of sewage treatment is proposed in the future, including incorporation of the facility into a central sewage collection and treatment system, Applicant, or its successors and assigns, will amend the decree entered in this case prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. 14. Replacement of Modeled Stream Depletions: A. During the Pumping Period. (1) Pumping from the not-nontributary Lower Arapahoe aquifer at this location will result in stream depletions in Dry Creek and the mainstem of the South Platte River. Applicant will replace four percent of the annual amount pumped from the Lower Arapahoe aquifer to the affected stream system pursuant to § 37-90-137(9)(c), C.R.S. (2) Return flows from the use of Lower Arapahoe and Laramie-Fox Hills aquifer ground water will accrue to the South Platte River system, and those return flows will be sufficient to replace stream depletions and to fulfill all replacement obligations hereunder while such ground water is being pumped. The following table illustrates the quantity of return flows expected form the proposed uses at the proposed 140 homesites: No. Homes x AF/Home = Total Use x % Return = Total Return 140 0.30 42 AF 90% 37.8 AF (3) It is estimated that over 37 acre-feet of water per year will return to the stream system, assuming the domestic allocation of a total of 0.30 acre-feet per year by each of the planned 140 homes. Such amount far exceeds four percent (4%) the amount withdrawn (42 AF x 4% = 1.7 AF) and far exceeds the amount of modeled maximum annual depletion to the stream system, which is approximately 1.5 acre-feet per year at the end of 300 years of pumping. See Stream Depletion Table, Exhibit C. B. During the Period After Pumping Ceases: (1) Modeled stream depletions continue after pumping ceases. At such time, Applicant’s successors will demonstrate that any such stream depletions which may continue to occur to the stream system are unmeasurable, non-injurious to other water rights, and need not be replaced. However, in the event the Court finds that such stream depletions must be replaced, Applicant will reserve an adequate amount of consumptive use water from its New Brantner Ditch shares and/or acquire another adequate post-pumping source to meet such post-pumping augmentation requirements. (2) Amounts of consumptive use water reserved for post-pumping replacement purposes will be equal to that portion of modeled stream depletions that occurs after pumping ceases. (Maximum stream depletions reach about 1.7 acre-feet per year; see Exhibit C.) Such number of Applicant’s New Brantner Ditch shares as are necessary to furnish the requisite maximum amount of post-pumping stream depletions shall be reserved and tied to the land until Applicant can prove that an adequate substitute supply has been obtained, at which time such shares may be released. 14. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts found to be available in each aquifer pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicant requests the right to revise the amounts available from each aquifer upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicant will withdraw the not nontributary Lower Arapahoe aquifer ground water requested herein under the plan of augmentation requested herein pursuant to § 37-90-137(9)(c), C.R.S. D. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant will give notice to every person or entity who has a lien or mortgage on, or deed of trust to, or other financial interest in the overlying land recorded in the county in which the overlying land is located within 10 days of the filing of this application. WHEREFORE, Applicant Tompkins Development, Inc., requests that this Court enter a decree: A. 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; and B. Specifically determining that: 1. Applicant has complied with § 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein. Jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant's property, pursuant to § 37-92-305(11), C.R.S. and Denver Basin Rule 9A; 2. Applicant or its successors may construct wells into each aquifer anywhere on the subject property without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; 3. The nature and extent of the water rights claimed herein are defined by § 37-


90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years; 4. The quantity of ground water, exclusive of any artificial recharge, underlying the land shown at Exhibit A and described at Exhibit B hereto is to be set by the ruling and decree to be obtained hereby, subject to the Court's retained jurisdiction; 5. No findings of diligence are required to maintain the Denver Basin aquifer ground water rights applied for hereby; 6. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of Lower Arapahoe aquifer ground water under the plan for augmentation proposed herein; 7. During the pumping period, return flows from the use of not nontributary Lower Arapahoe and nontributary Laramie-Fox Hills aquifer ground water will serve as an adequate source of replacement water to satisfy Applicant's obligation to replace four percent of the annual amount pumped from the not nontributary Lower Arapahoe aquifer; 8. The post-pumping replacement source proposed herein is adequate, and that Applicant or its successors, at their option, may substitute alternative sources which can be proven to be adequate to replace all modeled post-pumping stream depletions under the plan proposed herein; and 9. If the well permit for any well authorized by the ruling and decree to be entered in this matter expires, Applicant may apply for a new well permit for such well or wells at the time Applicant is ready to construct such well(s), and the State Engineer shall grant such permit(s) pursuant to the terms of the ruling and decree in this case. FURTHER, Applicant prays that this Court grant such other relief as it deems proper in the premises. 04CW109 Parker Water and Sanitation District, c/o Frank P. Jaeger, Manager, 19801 East Mainstreet, Parker, Colorado 80134, tel. (303) 841-4627 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 1680 - 38th Street, Suite 800, Boulder, CO 80301, tel. 303-442-2156). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN DOUGLAS COUNTY. 2. Name of Structures: Lake Gulch Reservoir, and Lake Gulch Aqueduct. 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a. Date of Original Decree: April 1, 1998. Case 85CW448(B), District Court, Water Division No. 1. b. Location of structures: Lake Gulch Reservoir. The axis of the dam generally follows the south section lines of Sections 22 and 23, Township 8 South, Range 66 West of the 6th P.M. in Douglas County, Colorado. The west abutment of the dam is approximately 100 feet west of the southeast corner of said Section 22, and the east abutment of the dam is approximately 1900 feet east of the southeast corner of said Section 22. Lake Gulch Aqueduct point of diversion is on the west bank of Cherry Creek in the SE 1/4 NE 1/4 Section 1, Township 9 South, Range 66 West of the 6th P.M., at a point approximately 1100 feet west of the east section line, and 1800 feet south of the north section line, of said Section 1. Said ditch, pipe or tunnel thence runs in a northwesterly direction approximately 9500 feet to said Lake Gulch Reservoir. c. Sources of Water: Cherry Creek and its tributaries, including the tributary stream known as Lake Gulch. d. Date of Appropriation: March 20, 1985. e. Amount: Lake Gulch Reservoir - 23,410 acre feet, with right to fill and refill , but not more than 24,130 acre feet of water in any calendar year may be stored in Newlin and Lake Gulch reservoirs. The capacity of Lake Gulch Aqueduct will be 10,000 cubic feet per second. 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Parker has studied the use of Lake Gulch Reservoir as a multiple use reservoir as part of a study By Boyle Engineering for the Palmer Divide Water Group, of which Parker is a member. Parker's share of the expenditure for such study was approximately $10,000. Consistently with the policies and regulations of the Corps of Engineers, Parker has held a meeting with the Corps to discuss the initiation of the process to obtain the necessary permit under §404 of the Clean Water Act. Parker's consulting engineers completed an operational study of the yield of Lake Gulch Reservoir in a manner consistent with the work done for the Rueter-Hess (aka Newlin Gulch) Reservoir Project in order to better understand how the two reservoirs would work together. Parker has updated its ownership information regarding land to be occupied by Lake Gulch Reservoir and the Lake Gulch Aqueduct. Parker has also worked with Douglas County to integrate the County's plans for open space and parks with Parker's plans for Lake Gulch Reservoir. Parker has spent a total of over $30,000 on this project during the diligence period. Parker has in all respects diligently worked toward placing these water rights to beneficial use.


5.Name(s) and addresses of owners of the land on which structures are or will be located, upon which water is or will be stored or upon which water will be placed to beneficial use: Colorado Department of Natural Resources, Division of Parks & Outdoor Recreation, 1313 Sherman Street Room 618, Denver, CO 80203; Edward G. Seidensticker, Jr., 1350 Ala Moana Blvd Suite 3103, Honolulu, HI 96814; Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104; Winkler Cattle Co., 2636 S. Castlewood Canyon Rd., Castle Rock, CO 80104. 04CW110. South Platte Ditch Well Users, Inc. 825 CR 25, Merino, CO 80741, 970 522 -2693, C/O Ray Ann Brammer, Brammer Law Office, P.C., P.O. Box 1827 Sterling, CO 80751 (970) 521-0700. APPLICATION FOR WATER RIGHTS, CHANGE OF EXISTING WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, in LOGAN, MORGAN AND WASHINGTON COUNTIES. WATER RIGHTS: Applicant seeks a water right for the following Augmentation Wells: Howard Hettinger, #18036 Aug No. 58558F W1759 SE1/4NE1/4 S20-6N-53W 2500GPM 10/29/2002; Howard Hettinger #6508F* (45372F) Aug No.58057F , W1752, SE1/4SE1/4 S17-6N-53W, 2000 GPM, 08/16/2002; David Kautz, #03065F Aug No. 506883G, W1757, SW1/4NE1/4 S3-5N-54W 2500 GPM, 02/28/2003; Ronald Quint, #R13655 Aug No.58559F, W1756, SW1/4NW1/4 S31-6N-53W 2000 GPM, 10/29/2002; Russell Smith, #1260 Aug No. 58056F, W1546, SE1/4SW1/4 S-29-6N-53W 2000GPM, 8/16/2002; Barton Bollers, #6660F Aug No. 58054F, W1750 SW1/4SE1/4 S20-6N-53W 2000GPM 08/16/2002; William Fritzler, #30009-3586 Aug. No. 500708C W 889 NW1/4NE1/4 S2-5N-54W, 2500GPM 10/22/2002. These wells are located in Logan and/or Washington Counties, State of Colorado. Date of Appropriation: Was date that well permit application was submitted. How appropriation initiated: Application for Well Permit Amount Claimed: Each well claims a portion of its gpm as absolute based on actual use during the irrigation and/or augmentation season for 2002 and 2003. Proposed use: Each well may be used for augmentation, replacement and exchange. Applicant claims the use, reuse and successive uses of the water diverted for augmentation purposes under the subject water rights to extinction, either directly or by exchange. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The wells are located as identified above. The use of the well will be for other members of the Applicant as set forth in the plan of augmentation sought within. CHANGE OF WATER RIGHTS Decreed name of structure for which change is sought: Prewitt Reservoir. From previous decree: Date entered, case number and court: January 15, 1914, Case No. 2142, District Court in and for Weld County; October 18, 1965, Case No. 16704, District Court in and for Weld County. Decreed point of diversion: Prewitt Reservoir is located in parts of Sections 1, 2, 10, 11, 12, 13, 14 and 15, Township 5 North, Range 54 West of the 6th P.M., and in parts of Sections 5, 6 and 7, Township 5 North, Range 53 West of the 6th P.M., all in Washington County, Colorado, and in the SE 1/4 of the SE 1/4 of Section 36, Township 6 North, Range 54 West, and in the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 31, Township 6 North, Range 53 West, 6th P.M., all in Logan County, Colorado. The headgate of the Prewitt Inlet Canal is located on the east bank of the South Platte River in the SW 1/4 of Section 24, Township 5 North, Range 55 West, 6th P.M, in Morgan County, Colorado. Source: South Platte River. Appropriation dates and amounts: May 25, 1910 for 32,300 acre-feet; December 31, 1929 for 34,960 acre-feet. Historic use: Applicant owns 379.6 acre-rights of the Logan Irrigation District, a quasi-municipal district under Colorado Law (A Logan Prewitt acre-rights@). The Logan Irrigation District is the owner of 17/31 of the water rights decreed to Prewitt Reservoir. Prewitt Reservoir water available to the subject Logan Prewitt acre-rights has historically been used for irrigation purposes on approximately 379.6 acres of land in Logan County. Proposed change: Applicant seeks approval of change of use of the Prewitt Reservoir water rights represented by the Logan Prewitt acre-rights to add augmentation, replacement and recharge uses to the existing irrigation use. Water available to the Prewitt Reservoir water rights represented by the subject Logan Prewitt acre-rights will be used to replace depletions associated with wells described in paragraph 6 which are owned and used by applicant’ss members. Such use shall also include the right to use, reuse and successively use, lease, sell and otherwise dispose of to extinction that portion of the water available to the subject Logan Prewitt


acre-rights which was historically consumed through irrigation use and that portion which was historically returned to the stream system to the extent those return flows have been made with water from another source available to applicant for replacement purposes. When water available to the subject Logan Prewitt acre-rights is being used for augmentation, replacement or recharge purposes as described above, applicant will replace the return flows that would have occurred from the irrigation use of the subject Logan Prewitt acre-rights, in the amount, at the time and at the location required to prevent injury to other water rights. These replacements will be made by one or a combination of the following methods: leaving a portion of the water available to the subject Logan Prewitt acre-rights in the South Platte River at or near the outlet canal of Prewitt Reservoir, leaving recharge accretions available to applicant’ss members from the South Platte Ditch Recharge program described below in the South Platte River, and/or releasing to or leaving in the South Platte River any other fully consumable water available to applicant or applicant’ss members for replacement purposes. Water available to the subject Logan Prewitt acre-rights that is not used for augmentation, replacement or recharge will continue to be used for irrigation. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Prewitt Reservoir, the Prewitt Inlet Canal and the Prewitt Outlet Canal are owned by Morgan-Prewitt Reservoir Company, Logan Irrigation District and Iliff Irrigation District, c/o Jim Yahn, P.O. Box 103, Sterling, Colorado 80751 The land on which that water is or will be placed to beneficial use is owned by applicant’ss members. PLAN FOR AUGMENTATION Names of Structures to be augmented: The following fifteen wells, owned by applicant’ss member, all of which divert groundwater tributary to the South Platte River, and replacement, supplemental and alternate point of diversion wells. All of the Wells are located in Logan and Washington Counties, Colorado, on lands within the service area of the South Platte Ditch Company and are used for irrigation. Seven of the wells may be used for augmentation use. WELLS and OWNERS: Darrell, Randy and Allen Albrandt, #6575 W-1753, SW1/4NW1/4 S30-6N-53W, 20 SDF; Melvin Bartlett Farms, #6575 W-1757, SW1/4NW1/4 S30-6N-53W, 70 SDF; Melvin Bartlett Farms, #6690F, 97CW92, SE1/4NW1/4 S29-6N-53W, 140 SDF; Barton Bollers, #6660F, W1750, SW1/4SE1/4 S20-6N-53W , 165 SDF; William Fritzler, #30009-3586, W 889, NW1/4NE1/4 S2-5N-54W, 265 SDF; Wilhelm Fritzler, #014537F,W 8052 NE1/4NE1/4 S23 6N- 54 W, 270 SDF; Dorothy Helmut, #15278, W1758, SW1/4SE1/4 S30 6N-53W, 165 SDF; Howard Hettinger, #18036, W1759, SE1/4NE1/4 S20-6N-53W, 150 SDF; Howard Hettinger, #6508F* (45372F), W1752, SE1/4SE1/4 S17-6N-53W, 70 SDF; Howard Hettinger, #14622RF* (45380-F),W1763, SE1/4SW1/4 S17-6N-53W, 40 SDF; Howard Hettinger, #0566, W1200, SE1/4NE1/4 S-16-6N-53W, 110 SDF; David Kautz, #03065F, W1757, SW1/4NE1/4 S3-5N-54W, 120 SDF; Ronald Quint, #R13655, W1756, SW1/4NW1/4 S-31-6N-53W, 180 SDF; Russell Smith, #1260, W1546, SE1/4SW1/4 S-29-6N-53W, 260 SDF; Gordon Stumpf**, #7248, W1757, SE1/4NW1/4 S-2-5N-54W, 265 SDF. A map showing the approximate location of the wells is attached. *Howard Hettinger owns these wells with Julie Hettinger and Judith E. Teilborg. ** Gordon Stumpf is the operator and has authority to make decisions regarding this well, the owner is G K Farms. Previous decrees for water rights to be used for augmentation: The water to be used for augmentation hereunder is water available to applicant’ss members from the following sources: South Platte Ditch Recharge Program: Date entered, case number and court: December 14, 1977, Case No. W-7839, District Court, Water Division No. 1. Type of water right: Surface diversion for recharge. Legal description of point of diversion or place of storage: The point of diversion is the headgate of the South Platte Ditch located in the SW 1/4 of Section 8, Township 5 North, Range 54 West of the 6th P.M., in Washington County. Water is diverted under the South Platte Recharge Program into various recharge ponds located on lands under the South Platte Ditch as described in the decree in W-7839. Source: South Platte River and its tributaries. Amount: 1,778 acre feet (for storage) absolute, as decreed in case No. 81CW 353, 1,222 acre feet (for Storage), conditional. Recharge amount is computed at 77% of the water passing gauge G-2, Case No. W-7839. Appropriation date: March 15, 1974. Decreed use: Underground storage for offsetting depletions to the alluvium and for subsequent withdrawal through wells by Ditch Company shareholders and other water users for irrigation


and domestic purposes. Howard H. Hettinger, Julie G. Hettinger and Judith E. Teliborg: Date entered, case number and court: September 29, 1997, 93 CW 016, District Court, Water Division No. 1. Type of water right: Alternate point of diversion for 30 shares of Davis Brother Ditch and an alternate place of use by exchange for 83.3 acre rights of Prewitt Reservoir for Well Permit No. 45380-F and 45372-F. Legal description of point of diversion or place of storage: Well Permit No. 45380-F SE 1/4 of the SW 1/4 Section 17, Township 6 North, Range 53 West of the 6th P.M. Well Permit No. 45372-F SE 1/4 SE 1/4 of Section 17, Township 6 North, Range 53 West of the 6th P.M. Source: South Platte River and its tributaries. Amount: 1/7 interest in Davis Brothers Ditch Case No. CA 547, May 29, 1897 for 2 c.f.s. with an appropriation date of 4/10/1874;(This right is tied directly to SE 1/4 of the SW 1/4 Section 17, Township 6 North, Range 53 West of the 6th P.M..) 3.0 c.f.s. with an appropriation date of 12/1/1890 and 20. C.f.s. with an appropriation date of 9/20/1894 and 83.3 acre rights of Prewitt Reservoir. Appropriation date: February 26, 1993. Decreed use: Permit No. 45380-F was a replacement well for 14622-R and 45372-F is a replacement well for 6508 F. 45372-F and 45380-F are alternate points of diversion. The Decreed use includes an alternate point of diversion for 30 shares of Davis Brothers Ditch and an alternate place of use by exchange for 83.3 acre rights of Prewitt Reservoir. Howard H. Hettinger, and Julie G. Hettinger: Date entered, case number and court: May 9, 2001, 98 CW 367 Water Division No. 1 Type of water right: Alternate point of diversion for 25 shares of Davis Brother Ditch and an alternate place of use by exchange for six shares of Morgan-Prewitt Reservoir Company. Legal description of point of diversion or place of storage: SE 1/4 pf the NE 1/4 Section 16, Township 6 North, Range 53 West of the 6th P.M. Source: South Platte River and its tributaries. Amount: 263.40 acre feet for the 25 Shares of Davis Brothers and a pro rata share of the 6 shares of the Morgan-Prewitt Reservoir Company. Appropriation date: September 14, 1998. Decreed use: Well No. 1-R-566-RF is decreed as a alternate point of diversion for 25 shares of Davis Brothers Ditch and an alternate place of use by exchange for the 6 shares of Morgan-Prewitt Reservoir. Smart Brothers, Inc. a Colorado Corporation: Date entered, case number and court: April 29, 1987, W-8686, District Court, Water Division No. 1. Type of water right: Underground Water Right, Plan for Augmentation Legal description of point of diversion or place of storage: SW 1/4 of Section 8, township 5 North, Range 54 West of the 6th P.M. Source: South Platte River and its tributaries. Amount: 950 acre feet Conditional. (395.88 made absolute in 93CW39) Appropriation date: June 17, 1983 Decreed use: Recharge, augmentation, exchange. Smart Brothers, Inc. a Colorado Corporation: Date entered, case number and court: April 30, 1997, 93 CW 39, District Court, Water Division No. 1. Diligence filing on W-8686) Type of water right: Underground Water Right, Plan for Augmentation. Legal description of point of diversion or place of storage: SW 1/4 of Section 8, township 5 North, Range 54 West of the 6th P.M. Source: South Platte River and its tributaries. Amount: 395.88 acre feet absolute, 554.12 conditional Decreed use: Recharge, augmentation, exchange. Other: Pursuant to Stipulation entered in 93 CW 39, and pursuant to the Terms and conditions in W-8686, Smart Brothers, Inc. shall continue to provide augmentation for Hettinger Well No. 45372-F. Augmentation Wells: Groundwater tributary to the South Platte River to be withdrawn through existing irrigation wells, permit nos.: 18036 (Aug No. 58558 F); 6508 F (Aug No. 58057 F); 3065F (Aug No. 506883 G); 13655 (Aug No. 58559-F); 1260 (Aug No 58056 F): 6660 F (Aug No. 58054 F): 3009-3586 (Aug No. 500708C). Right applied for herein. Prewitt Releases: Replacement of depletions will be made by release of available water from Prewitt Reservoir and (1) delivery of such water to the South Platte River to replace depletions associated with the wells described in paragraph 6, or (2) diversion of such water at the headgate of the South Platte Ditch for delivery to recharge facilities located on lands under the South Platte Ditch Company owned by applicant’ss members. South Platte Shareholders: Applicant may obtain recharge credits available to the individual shareholders on the South Platte Ditch that may not have wells or may not irrigate during a particular season. Those credits will be based on the same pro rata basis and will be identified as such in the accounting. Applicant proposes to use the augmentation water available to the applicant from any other source legally available for augmentation and which can be provided in the amount, at the time and at the location required for augmentation. Prior to use of any such water for augmentation, applicant shall provide written notification to the State Water Administration Officials of the source of water to be used and the method of delivery of such water.


Historic use (include a description of all water rights to be used for augmentation, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist): Water from the South Platte Ditch Recharge Project has historically been used for the decreed purposes, including augmentation and replacement of depletions resulting from diversions from the Wells. The Howard and Julie Hettinger decrees have historically been used for the decreed purposes. The Smart Bros. Project has historically been used for the decreed purposes, including augmentation and replacement of depletions resulting from diversions from wells. Statement of plan for augmentation, covering all applicable matters under C.R.S. 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan: Applicant will use and has used groundwater withdrawn through the wells for irrigation of agricultural lands and proposes to use water withdrawn through seven of the wells for augmentation and replacement. By this application, the Applicants seek approval of a plan for augmentation to provide for replacement of out-of-priority depletions to the South Platte River from the use of the wells, including out-of-priority post-pumping depletions resulting from the use of the wells since January 1, 1974, to the extent necessary to prevent injury to other water rights. Replacement water will be provided from the sources described above. The Applicant’s members own 79.6 shares of the 206.9 shares of the South Platte Ditch Company stock. The Applicant’ss members own 379.6-acre rights in the Logan-Prewitt Irrigation District. By virtue of the ownership interest in the Ditch Company, the Applicant’s members are entitled to their pro rata share of the replacement water available to South Platte Ditch Company. This includes any water available to the Applicant’ss members based on agreements that they may have with the Ditch Company for recharge facilities that are located on land owned by Applicant’s members. This also includes any pro rata share of the recharge credits that the South Platte Ditch Company is entitled to based on the use of the South Platte Ditch as a means of transporting recharge water to additional ponds that are located on the Ditch. The amount, timing and location of replacement water available from the South Platte Ditch Recharge Program will be determined in accordance with the terms of the decree in W-7839 and 96CW 97. Beginning in 2004, the amount of water withdrawn through the wells will be measured either with flow meters or though power meters. For determining pumping volumes in years 1974 -2002, applicants used pumping records available from Groundwater Appropriators of the South Platte. For the year 2003, the Applicant used its members’ actual records. Applicant proposes to determine the volume of stream depletions resulting from the use of the Wells using the consumptive use factors of 55% for flood irrigation use, 80% for sprinkler irrigation use, and 100% for augmentation use. Irrigation use and augmentation use will be measured separately. Applicant proposes to determine the timing of stream depletions from the use of the wells using (1) the stream depletion factor (ASDF@) methodology developed by Glover (1977) using stream depletion factors developed by the U.S. Geological Survey (Hurr, et al., 1972); (2) the stream depletion factor (ASDF@) methodology developed by Jenkins (1968) using stream depletion factors developed by the U.S. Geological Survey (Hurr, et al., 1972); (3) the Colorado State University Integrated Decision Support Group Alluvial Water Accounting System (AAWAS@), or (4) a similar methodology. Applicant proposes to account for and replace out-of-priority depletions and to report its operations under the plan for augmentation on a monthly basis. Applicant proposes to use an April 1 through March 31 accounting period and to submit a projection of pumping, stream depletions, historical return flow obligations and augmentation supplies for each April 1 through March 31 accounting period and to submit a projection of pumping, stream depletions, historical return flow obligations and augmentation supplies for each April 1 through March 31 accounting period to the State Water Administration Officials on or before April 1 of each year. Applicant proposes to reduce projected pumping for each April1 through March 31 accounting period to the extent necessary to prevent projected out-of-priority stream depletions from exceeding projected augmentation supplies for such accounting period. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The structures to be augmented are located on land owned by the applicant’s members and the groundwater withdrawn through such


structures is on land owned by the applicant’s members. The South Platte Ditch is owned by the South Platte Ditch Company, Rt. 1, Box 106, Merino, Colorado 80741. 04CW111. LAFARGE WEST, INC., 1800 N. Taft Hill Road, P.O. Box 2187, Fort Collins, CO 80521, (303) 407-3600 (please send pleadings to David A. Bailey, Carver Kirchhoff Schwarz McNab & Bailey, LLC, 1600 Stout Street, Suite 1700, Denver, CO 80202, (303) 893-1815 (phone), (303) 893-1829 (fax). Application for Change of Water Rights and Approval of Plan for Augmentation, in LARIMER COUNTY. Summary of application. Lafarge has completed mining at its Port of Entry Pit. Water depletions in connection with the mining operations have been replaced pursuant to a substitute water supply plan. The purpose of this application is to provide for permanent augmentation of the Port of Entry Pit by a recharge program administered through the nearby Three Bells Pit, all as more particularly described below. In the event that the Port of Entry Pit property is transferred to a third-party, that party may assume the augmentation obligation, in which case Lafarge reserves the right to withdraw this application. Name of water right to be changed: Applicant’s 2.0 shares of The Box Elder Ditch Company, the point of diversion of which is located on the Cache La Poudre River in the SE¼ of the NE¼, Section 20, T. 7 N., R. 68 W., 6th P.M., approximately 2300 feet south of the North Section Line of said Section 20 and 600 feet west of the East Section Line of said Section 20. The Box Elder Ditch was decreed for irrigation in Civil Action No. 320 on April 11, 1882 with appropriation dates of March 1, 1866 for 32.50 cfs, May 25, 1867 for 8.33 cfs, and July 1, 1868 for 11.93 cfs from the Cache La Poudre River. The capacity of the ditch is approximately 53 cfs, and there are 64 total shares in the Ditch Company. Historic use: A. Lafarge owns 5.5 of the 6.0 shares historically utilized for irrigation of the Three Bells Property, which is approximately 344.3 acres of farmland historically used for pasture grass and corn. Of this amount, 0.5 shares are currently committed to the augmentation plan applied for in Case No. 02CW205. The shares were obtained by Lafarge on September 24, 1987 and are listed on Certificate No. 287. Description of proposed changes: A. Applicant seeks to change the type of use to augmentation, replacement of evaporative losses and delayed return flows, recharge, piscatorial, fishing, wildlife and recreation. B. Applicant seeks to change the place of use to the Three Bells pit, which is located in the SE¼, Section 11, Township 6 North, Range 68 West, 6th P.M. in Larimer County, Colorado. A recharge pit has been excavated at the Three Bells property. Water will be diverted into the Three Bells recharge pit from a structure located on an existing lateral of the Box Elder Ditch. C. Applicant seeks to change the manner of use from direct flow to direct flow and diversion into to Three Bells recharge pit for augmentation by recharge as more particularly described below. D. The amount of water to which Applicant is entitled to change is 102.3 acre-feet. E. Applicant’s use of the changed water right shall be pursuant to the augmentation plan described herein. Statement of Plan for Augmentation. A. Introduction. Sand and gravel mining from the Port of Entry Pit has resulted in a tributary groundwater lake from which evaporative losses result in depletions to the stream system. Applicant will use a recharge program at the Three Bells recharge pit to replace long-term evaporative depletions from the lake. The Port of Entry Pit is located 2.5 miles upstream from the Three Bells recharge pit. A recharge program uses a direct ditch water right to create winter augmentation water in each month of the year. Applicant’s Box Elder shares will be diverted into the recharge pit (the Three Bells recharge pit) from April through October during the irrigation season. This ditch water is allowed to infiltrate into the groundwater table. The “recharged” ditch water is lagged in such a way that it arrives at the river months after the ditch water was initially recharged into the lake. This lagged effect allows summer ditch water to become augmentation credit throughout the year. B. Name of Structure to be Augmented. The Port of Entry Pit located in the SW¼ of Section 27, Township 7 North, Range 68 West, 6th P.M. and in the E½ of Section 28, Township 7 North, Range 68 West, 6th P.M., in Larimer County, Colorado. There are no other water rights diverted to or from this structure. C. Water Rights to be Used for Augmentation. Applicant’s 2.0 shares of the Box Elder Ditch described above as changed pursuant to this application. D. Description of Plan for Augmentation. The Port of Entry Pit is approximately 1,600 feet from the Poudre River. Applicant’s 2.0 shares of the Box Elder Ditch will be diverted from the Poudre River and routed down an existing lateral of the Box Elder Ditch to the Three Bells recharge pit. A diversion structure will


be constructed for diversion from the lateral and into a culvert for delivery of the 2.0 shares into the Three Bells recharge pit. The Port of Entry Pit has an augmentation requirement of 63.8 acre-feet. A recharge model was used to determine the timing of the lagged consumptive used credit from the 2.0 Box Elder Ditch shares as it reached the Poudre River. If 2.0 Box Elder shares are recharged into the Three Bells recharge pit, then all replacements for the long-term augmentation requirement for the Port of Entry Pit are made by recharge. The 2.0 shares provide 102.3 acre-feet of consumptive use credit. The excess consumptive use credit is 38.5 acre-feet and will be used for augmentation requirements at other Lafarge sites during mining in this reach of the Poudre River. The return flow obligations from these Box Elder shares will be maintained in volume and timing. The Three Bells Farm was the location of historic use of the 2.0 Box Elder shares used in this augmentation plan. The historic return flows from these shares will be maintained in volume, timing and location of return by the recharge program, since the location of the Three Bells recharge pit is within the lands historically irrigated with these shares. Name and address of owner of land owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The Port of Entry Pit property is owned by Applicant. The land on which the Three Bells recharge pit is located is leased by Lafarge from D.C. Pitcairn Holdings, Inc. (1018 Centre Avenue, Fort Collins, Colorado 80526), which lease states that “the obligation of Lessee [Lafarge] to comply with such plan(s) of augmentation and maintain the same shall continue and survive termination or expiration of this Lease.” WHEREFORE, Applicant prays for a decree authorizing the change of water rights and approving the plan for augmentation described herein, together with such other and further relief as is appropriate. 04CW112, THE CONSOLIDATED MUTUAL WATER COMPANY, Applicant, IN JEFFERSON COUNTY. 1.Name, address and telephone number of Applicant: The Consolidated Mutual Water Company, 12700 West 27th Avenue, Lakewood, CO 80215, (303) 238-0451 Petrock & Fendel, P.C., APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Please address all future correspondence and pleadings to: Frederick A. Fendel, III, #10476, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, (303) 534-0702 FAX 303-534-0310, email [email protected], 2. Original Decree: Case No. 88CW224, entered March 14, 1991. Prior diligence finding: Case No. 97CW122, entered April 24, 1998. 3.Name of structure: Maple Grove Reservoir Refill. 4. Source of water: Lena Gulch, also known as Green Mountain Creek and as Dry Creek, a tributary of Clear Creek, tributary of the South Platte River.5. Date of appropriation: November 3, 1988.6. Amounts and uses: 853 acre-feet (conditional), for municipal use, including irrigation, domestic, commercial, industrial, recreational, fish and wildlife; 1072 acre-feet (conditional), for exchange, replacement and augmentation use; and 216 acre-feet (absolute), for municipal use, including irrigation, domestic, commercial, industrial, recreational, fish and wildlife.7. Location: In the S½ of Section 29 and N½ of Section 32, T3S, R69W of the 6th P.M. The east abutment of Maple Grove Dam bears N41°45’E, a distance of 510 feet from the south quarter corner of said Section 29. The outlet of Maple Grove Reservoir bears N01°01’W, a distance of 492 feet from the south quarter corner of said Section 29. 8. During this diligence period, in continuing the development of the conditional water rights, Applicant has engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved, including expenditures for legal, consulting, engineering, and construction and maintenance work. Applicant is the owner of other water rights which are part of an integrated and unified water supply system. Work completed on any part of the unified system is considered to be diligence for this conditional right. The following provides a description of activity by Applicant in development of the conditional right: A. Applicant diverted and used water under other rights associated with Maple Grove Reservoir, including direct flow rights from Lena Gulch decreed in conjunction with this refill right. There was immediate demand for all water taken, so none was stored under this refill right. B.Applicant has expended approximately $7,000,000.00 on construction, installation, repair and maintenance of its water supply system, including but not limited to, water treatment equipment, leak detection equipment, and construction equipment. Additionally, Applicant has completed planning and engineering studies associated with the construction, installation


and continued operation of its water supply system.C. Applicant constructed and began use of additional storage space and water storage rights, including Welton Reservoir (fka Fortune Reservoir) and has continued repair, maintenance, storage and use of water in its Maple Grove system. 04CW113, THE CONSOLIDATED MUTUAL WATER COMPANY, Applicant, 1.Name, address and telephone number of Applicant: The Consolidated Mutual Water Company, 12700 West 27th Avenue, Lakewood, CO 80215, (303) 238-0451 Petrock & Fendel, P.C., APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Please address all future correspondence and pleadings to: Frederick A. Fendel, III, #10476, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, (303) 534-0702 FAX 303-534-0310, email [email protected], 2. Original Decree: Case No. 88CW226, entered April 3, 1991. Previous diligence finding: Case No. 97CW123, entered April 24, 1998. 3. Name of structure: Lee, Stewart and Eskins Ditch. 4. Source of water: Clear Creek, tributary of the South Platte River.5. Date of appropriation: November 3, 1988.6. Amount: 30 cfs (conditional); 6 cfs (absolute).7.Location: In the SE¼ NE¼ of Section 27, T3S, R70W of the 6th P.M., at a point whence the NE corner of said Section 27 bears N30°02’38”E, 1883.99 feet.8.Uses: Direct flow and storage for municipal use, including irrigation, domestic, commercial, industrial, recreational, fish and wildlife, exchange, replacement and augmentation.APPLICATION TO MAKE ABSOLUTE9.Applicant requests that an additional 2.3 cfs of the conditional water right be made absolute. A total of 8.3 cfs was diverted in priority on July 5, 1999, and subsequently put to beneficial use. In the alternative and if this amount is not made absolute, Applicant requests that a diligence finding also be made to continue this amount pursuant to the activity described below.APPLICATION FOR FINDING OF REASONABLE DILIGENCE10.During this diligence period, in continuing the development of the conditional water rights, Applicant has been diligent in the continued use and development of the water right, has engaged in the legal defense and protection of all its water rights, and has incurred expenditures for legal, consulting, engineering, construction and maintenance work. Applicant is the owner of other water rights which are part of an integrated and unified water supply system. Work completed on any part of the unified system is considered to be diligence for this conditional right. The following provides a summary description of activity by Applicant in development of the conditional right: A.Applicant diverted and beneficially used water under this right, up to a maximum of 2.3 cfs of the conditional right. B.Applicant spent approximately $7,000,000.00 on construction, installation, repair and maintenance of its water supply system, including but not limited to installation of a water pipeline on 32nd Avenue and raw water supply mains, purchase and use of electric pumping equipment, water treatment equipment, leak detection equipment, and construction equipment. Applicant has completed planning and engineering studies associated with the construction, installation and continued operation of its water supply system.C.Applicant constructed and began use of additional storage space and water storage rights, including Welton Reservoir (fka Fortune Reservoir) and has continued repair, maintenance, storage and use of water in its Maple Grove system. 04CW114, THE CONSOLIDATED MUTUAL WATER COMPANY, Applicant, IN JEFFERSON COUNTY. 1.Name, address and telephone number of Applicant: The Consolidated Mutual Water Company, 12700 West 27th Avenue, Lakewood, CO 80215, (303) 238-0451 Petrock & Fendel, P.C., APPLICATION FOR FINDING OF REASONABLE DILIGENCE in Jefferson County. Please address all future correspondence and pleadings to: Frederick A. Fendel, III, #10476, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, (303) 534-0702 FAX 303-534-0310, email [email protected], 2. Original Decree: Case No. 88CW225, entered April 14, 1991. Prior diligence finding: Case No. 97CW124, entered April 24, 1998. 3.Name of structure: Maple Grove Intake (direct flow from Lena Gulch)4.Source of water: Lena Gulch, also known as Green Mountain Creek and as Dry Creek, a tributary of Clear Creek, tributary of the South Platte River5. Date of appropriation: February 19, 1988. 6.Amounts and uses: 14.5 cfs (conditional), for municipal use, including irrigation, domestic, commercial, industrial, recreational, fish and wildlife; 18.6 cfs (conditional), for exchange, replacement and augmentation use; and 4.1 cfs (absolute), for municipal use, including irrigation, domestic,


commercial, industrial, recreational, fish and wildlife. 7.Location: In the SE¼SW¼ of Section 29, T3S, R69W of the 6th P.M., at a point which bears N01°01’W, 492 feet from the south quarter corner of said Section 29. APPLICATION TO MAKE ABSOLUTE 8. Applicant requests that an additional 12.66 cfs of the conditional water right be made absolute for municipal use, including irrigation, domestic, commercial, industrial, recreational, and fish and wildlife. A total of 16.76 cfs was diverted in priority on August 5, 1999, and subsequently put to beneficial use. In the alternative and if this amount is not made absolute, Applicant requests that a diligence finding also be made to continue this amount pursuant to the activity described below APPLICATION FOR FINDING OF REASONABLE DILIGENCE10. During this diligence period, in continuing the development of the conditional water rights, Applicant has been diligent in the continued use and development of the water right, has been engaged in the legal defense and protection of all its water rights, and has incurred expenditures for legal, consulting, engineering, and construction and maintenance work. Applicant is the owner of other water rights which are part of an integrated and unified water supply system. Work completed on any part of the unified system is considered to be diligence for this conditional right. The following provides a summary description of activity by Applicant in development of the conditional right: A. Applicant diverted and beneficially used water under this right, up to a maximum of 12.66 cfs of the conditional right. B. Applicant spent approximately $7,000,000.00 on construction, installation, repair and maintenance of its water supply system, including but not limited to, water treatment equipment, leak detection equipment, and construction equipment. Additionally, Applicant has completed planning and engineering studies associated with the construction, installation and continued operation of its water supply system. C. Applicant constructed and began use of additional storage space and water storage rights, including Welton Reservoir (fka Fortune Reservoir) and has continued repair, maintenance, storage and use of water in its Maple Grove system. 04CW115 The Plumb and Dailey Ditch Company, c/o Les Williams, President, 9595 Nelson Road, Box C, Suite 203, Longmont, CO 80501 (303) 772-4060 (Jeffrey J. Kahn, Esq., Madoline E.S. Wallace, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978 (303) 776-9900), Application for Water Rights (Surface) IN WELD COUNTY. 2. Name of structure: Section 31 Drainage. 3. Legal description of point of diversion:

Weld County

SW1/4 of

the

NW1/4 Section

31 Township

2 N Range 68 W

Principal Meridian

6th

Distance from section lines (section lines are typically not property lines) 2000 Feet from N 500 Feet from W

4. Source: Unnamed drainage entering the Plumb and Dailey Ditch from the northwest. 5.A. Date of initiation of appropriation: April 1, 1862. B. How appropriation was initiated: Construction of the Plumb and Dailey Ditch which intercepted this drainage. C. Date water applied to beneficial use: 1862. 6. Amount claimed: 3 cfs ABSOLUTE 7. Use or proposed use: Irrigation. Number of acres historically irrigated 1,500. Legal description of acreage irrigated: Lands lying east of the Plumb and Dailey Ditch and west of Boulder Creek in Sections 17, 20, 29 and 30 and north of the Plumb and Dailey Ditch and south of the St. Vrain River in Sections 7, 8, 17 and 18, all in T2N, R68W, of the 6th P.M. 8. Name and address of owner of the land upon which any structure is located: Diversion is located on land owned by Fred L. Spallone, Inc., P.O. Box 367, Broomfield, CO 80038-0367. 04CW116 (83CW314), Jefferson County, Bear Creek and Turkey Creek, tributaries of the South Platte River. Application for Finding of Reasonable Diligence and to Make Water Right Absolute IN JEFFERSON COUNTY. City of Lakewood, c/o Richard J. Plastino, Director of Public Works, 480 South Allison Parkway, Lakewood, CO 80226-3105. Copies of all pleadings to: Raymond L. Petros, Jr.,


Esq., Lori J.M. Satterfield, Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518, (303) 825-1980. Name of Structure: Bear Creek Lake. (hereinafter “Subject Water Right”). Decreed by the District Court, Water Division No. 1, in Case No. 83CW314, on April 24, 1998. Bear Creek Dam, located on stream at or below the confluence of Turkey Creek with Bear Creek, in Section 32, Township 4 South, Range 69 West, and in the Section 5, Township 5 South, Range 69 West of the 6th P.M., all within the boundaries of the City of Lakewood in Jefferson County, more particularly described as follows: Beginning at the NW Corner of Section 32 thence South 26° 58’ East, 2030.8 feet to the NW end of Bear Creek Dam, then South 31° 15’ East, 5678.2 feet to the SE end of Bear Creek Dam. Amount: 200 acre feet, conditional. Appropriation Date: February 11, 1980. Use: In Case No. 83CW314, Lakewood was awarded an absolute storage right and priority for 200 acre feet for recreational, piscatorial and wildlife purposes; and a conditional storage right and priority for 200 acre feet for all other municipal uses within Bear Creek Park including domestic and sanitary purposes; commercial; stock watering; irrigation, including watering of parks and lawns and gardens; fire protection and augmentation and exchange for these purposes. The 200 acre-foot Subject Water Right is used in conjunction with the rights decreed to the State and the rights of Lakewood pursuant to the Stipulation in Case No. 84CW167. Evidence of Reasonable Diligence: During the applicable diligence period (May 1998 through April 2004), Lakewood has expended considerable effort and money in the development and enhancement of Bear Creek Lake Park. The Subject Water Right is part of the integrated water supply plan for the Park. Activities evidencing Lakewood’s diligence with respect to the Subject Water Right are detailed in the Application on file with the Court. Lakewood has stored, released and placed to beneficial use 200 acre feet of the Subject Water Right for municipal purposes, as detailed in the affidavit of R. Gregory Roush, water resources engineer for Lakewood, attached as Exhibit B to the Application on file with the Court. Lakewood therefore seeks the Court’s confirmation and decree that the Subject Water Right has been made absolute in the amount of 200 acre feet for municipal purposes. If the Court were to find that 200 acre feet of the Subject Water Right has not been made entirely absolute for the decreed purposes, then Lakewood requests that the Court enter a Decree continuing any remaining conditional portion or use of the Subject Water Right for a subsequent six-year period, in accordance with C.R.S. §37-92-301(4)(a)(I). 04CW117 VOID 04CW 118 - CARLA WINKLER AND BETTY WINKLER, 8505 E. Temple Drive, #512, Denver, Colorado 80237 (William H. Tourtillott, William H. Caile, Friedlob Sanderson Paulson & Tourtillott, LLC, Attorneys for Applicant, 1775 Sherman Street, Twenty-First Floor, Denver, CO 80203, 303-571-1400, [email protected], [email protected]) Application for Determination of Underground Water Rights IN DOUGLAS COUNTY. 2. Introduction: Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicants that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. ' 37-90-137(6). 3. Well Permits: Concerning the water rights being requested in this application, none of the wells that are the subject of this application currently exist, and the Applicants have not applied for permits to drill any of the wells that are the subject of this application. Applicants claim the right to drill and to complete such wells as may be needed or desired anywhere on the subject properties to recover and to use all physically and legally available water from the aquifers under each parcel as claimed herein. Prior to constructing any well, Applicants will apply to the Division of Water Resources (the AState Engineer@) for a permit to construct such wells. Applicants request that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicants further request a determination that failure to construct any of its wells within the period of time specified in the well permit shall not be deemed to affect or extinguish the underlying water rights as decreed by this Court. Applicants seek the right to locate the future wells at any suitable location within those parts of Douglas County as more fully described in paragraph 4 herein, and as reflected in Applicants= surveys, Exhibits A


and B, which are attached hereto and incorporated herein by this reference. Applicants waive any 600-foot spacing rule as described in C.R.S. ' 37-90-137(2) as applied to Applicants= wells located on the properties that are the subject of this application. 4. Legal Descriptions of Applicants Properties and Ownership Information: Applicants seek a determination of their right to perfect their ownership, and to appropriate and withdraw all of the available nontributary ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers, and the available not nontributary ground water in the Upper Dawson Aquifer underlying the two parcels as described below: Parcel A: Approximately 115.85 acres situated in the West 1/2 of Section 3, Township 9 South, Range 66 West of the 6th Principal Meridian, County of Douglas, State of Colorado. The complete legal description for Parcel A is included in the attached survey plat (Exhibit A-1). (A full-sized copy of Exhibit A-1 is available upon request.) The deed conveying ownership to Applicants is attached as Exhibit A-2 Owners: Applicants Carla Winkler and Betty Winkler; see paragraph 1 above for address. Parcel B: Approximately 325.75 acres situated in Sections 2, 3, 10, and 11, Township 9 South, Range 66 West of the 6th Principal Meridian, County of Douglas, State of Colorado. The complete legal description for Parcel B is included in the attached survey plat (Exhibit B-1). (A full-sized copy of Exhibit B-1 is available upon request.) The deed conveying ownership to Applicants is attached as Exhibit B-2 Owners: Applicants Carla Winkler and Betty Winkler; see paragraph 1 above for address. Parcels A and Parcel B are non-contiguous to one another. 5. Source of Water: The ground water to be withdrawn by Applicants is nontributary ground water and not nontributary ground water as defined in C.R.S. '' 37-90-103(10.5) and (10.7), and pursuant to the Denver Basin Rules, 2 CCR 402-6, Rule 8. Applicants will obtain a plan for augmentation that replaces depletions prior to withdrawing any not nontributary water. Applicants will comply with the requirement to relinquish to the surface stream system up to two percent of all nontributary ground water withdrawn on an annual basis. Otherwise, said nontributary water may be fully consumed to extinction for all beneficial uses. Estimated Depth: Wells will be completed to the bottom of each of the aquifers, which depth Applicant estimates to be as follows:

PARCEL A:

PARCEL B:

Upper Dawson (not non-tributary)

325 feet

432 feet

Lower Dawson (non-tributary)

707 feet

850 feet

Denver (non-tributary)

1,625 feet

1,718 feet

Arapahoe (non-tributary)

2,192 feet

2,297 feet

Laramie-Fox Hills (non-tributary)

2,846 feet

2,944 feet

Actual depths will be determined after completion of wells fully penetrating the subject aquifers. 6. Estimated Amount and Rates of Withdrawal: Applicants claim herein the right to perfect their ownership, appropriate and withdraw all of the nontributary ground water which is legally available from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills Aquifers along with the not nontributary Upper Dawson Aquifer ground water underlying the subject Parcel A and Parcel B, and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. The Applicants= wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The estimated average annual amounts of ground water available for withdrawal by the Applicant are based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the subject aquifers underlying Parcel A and Parcel B: Parcel A (115.85 acres):

Aquifer

Saturated Thickness

Annual Average Specific Yield (%)

Estimated Annual Withdrawal (acre-feet)


Upper Dawson (Not non-tributary)

166.4 feet

20%

39.6 a.f.

Lower Dawson (Non-tributary)

110.3 feet

20%

25.55 a.f.

Denver (Non-tributary)

342.6 feet

17%

67.48 a.f.

Arapahoe (Non-tributary)

406.9 feet

17%

80.15 a.f.

Laramie-Fox Hills (Non-tributary)

185.2 feet

15%

32.18 a.f.

Parcel B (325.75 acres): Aquifer

Saturated Thickness

Annual Average Specific Yield (%)

Estimated Annual Withdrawal (acre-feet)

Upper Dawson (Not non-tributary)

166.2 feet

20%

108.25 a.f.

Lower Dawson (Non-tributary)

119.1 feet

20%

77.61 a.f.

Denver (Non-tributary)

321.9 feet

17%

178.28 a.f.

Arapahoe (Non-tributary)

389.7 feet

17%

215.82 a.f.

Laramie-Fox Hills (Non-tributary)

187.6 feet

15%

91.67 a.f.

7. Well Fields: The two parcels that are the subject of this application are non-contiguous and each form their own Awell field.@ Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available ground water underlying Parcel A and Parcel B through the wells requested herein, which may be located anywhere on each parcel, and any additional wells which may be completed in the future, as part of Applicants= well field. Applicants will file applications with the State Engineer pursuant to C.R.S. ' 37-90-137, prior to construction of any of the wells. In the alternative, Applicants may, at their sole discretion and pursuant to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7), designate both parcels to comprise a single Awell field.@ Applicants request that this Court also determine that Applicants have the right to withdraw all of the legally available ground water underlying Parcel A and Parcel B through the wells requested herein, which may be located anywhere on either parcel, and any additional wells which may be completed in the future, as part of Applicants= single unified well field. Applicants will file applications with the State Engineer pursuant to C.R.S. ' 37-90-137, prior to construction of any of the wells. 8. Proposed Uses: Applicants will use all water withdrawn from the subject aquifers to be used, reused, and successively used, leased, sold or otherwise disposed of to extinction for all beneficial uses including without limitation: domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife propagation, fire protection, and maintenance of adequate storage reserves, and any and all other beneficial uses on or off the subject properties. Said water will be


produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, and for replacement of depletions resulting from the use of water from other sources. 9. Remarks: a. Pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7, Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 6 above as long as the total volume of water withdrawn from the well or wells does not exceed the product of the number of years since the date or dates of issuance of the well permits or the date or dates of the determination of right to the water by the water court, whichever comes first, times the allowed average annual amount of withdrawal. b. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants reserve the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. c. Applicants may need to construct additional wells, including supplemental, replacement, or alternate point of diversion wells, to recover the maximum amount of water available to them from each aquifer. Applicants request the right to construct such additional wells as necessary in order to achieve and maintain production of the amounts of water to which they are entitled. d. Applicants will withdraw the not nontributary Upper Dawson Aquifer ground water only upon approval of a plan for augmentation which may be filed in the future pursuant to C.R.S. ' 37-90-137(9)(c). WHEREFORE, Applicants pray that this Court enter a Decree: 1. Granting the application 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. 2. Specifically determining that: a. Applicants have complied with C.R.S. ' 37-90-137(4), and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’ss property, pursuant to C.R.S. ' 37-92-305(11) and Denver Basin Rule 9.A. b. The ground water in the Upper Dawson Aquifer is not nontributary, and the ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers is nontributary. c. Vested or conditionally decreed rights of others will not be materially injured by the withdrawals of ground water. d. No findings of diligence are required to maintain these water rights. Applicants further pray that this Court grant such other and further relief as the Court deems just and proper.

Amended Applications 96CW257-D James D. Brookshire, 7051 Palisade Dr., Highlands Ranch, CO 80130. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on November 19, 1996, and amended on April 28, 2004. Brookshire Well - Permit #055450-F, 224 Highfill Road, aka Stagestop Filing 2 Lot 4414, located in the NW1/4 NE1/4 S24 T9S, R75W of the 6th P.M., 500’ from N section line and 2100’ from E section line. Source: Groundwater Depth: 240’ Appropriation: 6/4/2001 (W-8108) Amount claimed: 2.8 gpm Use: Household (3 pages) 96CW292 Indian Mountain Metro. Recreation & Park District, PO Box 25, Como, CO 80432. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 2, 1996, and amended on April 6, 2004. IMMR&P Well - Permit #047831-F, located in the SW1/4 SE 1/44 S24 T9S, R75W of the 6th P.M., 100’ from S section line and 2300’ from E section line. Source: Groundwater Depth: 280’ Appropriation: 5/31/73 (W-7389) Amount claimed: 15 gpm Use: Drinking and sanitary facilities in a community recreational facililty. (3 pages) 96CW346-A Charles Michael Pisano, 4721 N. Turnbull Dr, Metairie, LA 70002. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 10, 1996, and amended on April 21, 2004. Pisano Well - Permit #054983-


F, 144 Kiowa Ct., aka Indian Mountain Filing 15 Lot 28, located in the SW1/4 NE1/4 S34 T9S, R75W of the 6th P.M., 1585’ from N section line and 1840’ from E section line. Source: Groundwater Depth: 390’ Appropriation: 5/31/1973 (W-7389-73) Amount claimed: 5 gpm Use: Household (3 pages) 96CW390-B Jack E. & Beverly J. Wood, 1741 Michigan Hill Road, PO Box 281, Jefferson, CO 80456. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 12, 1996, and amended on April 8, 2004. Wood Lot 192 Well – Conditional, located in the SW1/4 of the SW1/4 S6 T8S R75 of the 7th P.M., and Wood Lot 193 Well - Permit #45793-F, located in the SW1/4 SW1/4 S6 T8S R75 of the 6th P.M., 1095’ from S section line and 915’ from W section line. Aka Michigan Hill Ranches lots 192 & 193 Filing 2. Source: Groundwater Depth: 125’ Appropriation: 5/31/1979 (79CW163) Amount claimed: 4.5 gpm Use: Household (3 pages) 96CW444 Joseph M. Wojteczko, 6681 S. Hill Way, Littleton, CO 80120 & Susan T. Miller, 5583 S Prince, Littleton, CO 80120. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 16, 1996, and amended on April 16, 2004. Wojteczko-Miller Well - Permit #54732-F, 701 French Pass Circle, aka Michigan Hill Filing 1 Lot 59, located in the SW1/4 SW1/4 S1 T8S, R76W of the 6th P.M., 1238’ from N section line and 1641’ from W section line. Source: Groundwater Depth: 390’ Appropriation: 5/31/1979 (79CW163) Amount claimed: 1 gpm Use: Household (3 pages) 96CW464 Gina G. Beougher & Rosalind Meyer, 9571 S. Desert Willow Way, Highlands Ranch, CO 80129. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 17, 1996, and amended on April 21, 2004. Beougher-Meyer Well - Permit #048287-F, 143 Mountain Vista, aka Indian Mountain Filing 2 Lot 51, located in the NW1/4 NW1/4 S28 T9S, R75W of the 6th P.M., 850’ from N section line and 425’ from W section line. Source: Groundwater. Depth: 188’. Appropriation: 5/31/1973 (73CW7389) Amount claimed: 6 gpm Use: Household (3 pages) 96CW489-C Kelly Nickell, 3979 Arrowhead Dr, Jefferson, CO 80456. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 18, 1996, and amended on April 14, 2004. Nickell Well - Permit #056199-F, located in the NW1/4 NW1/4 S22 T9S, R75W of the 6th P.M., 1110’ from N section line and 250’ from W section line, aka Indian Mountain Lot 99 Filing 6. Source: Groundwater Depth: 270’ Appropriation: 5/31/1975 (W-7389) Amount claimed: 6 gpm Use: Household (3 pages) 96CW955 L. David Calhoun III, PO Box 200774 Denver, CO 80220. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 30, 1996, and amended on April 8, 2004. Calhoun Lot 177 Well - Permit #045119-F, located in the NW1/4 SE1/4 S5 T10S, R75W of the 6th P.M., 2574’ from S section line and 1415’ from E section line, Absolute, 97 Sanderling Crt. and Calhoun Lot 178 Well located in the NW1/4 SE1/4 S5 T10S, R75W of the 6th P.M. (Conditional). Aka Elkhorn Ranches Filing 4. Source: Groundwater Depth: 260’ Appropriation: 12/31/1975 (W-8107) Amount claimed: 10 gpm Use: Household, watering horses, small lawn area & flower beds. (3 pages) 96CW966 Donald E. Klumb, 2535 E. Kentucky Ave, Denver, CO 80209. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 30, 1996, and amended on April 7, 2004. Klumb Well - Permit #048618-F, located in the NW1/4 SE1/4 S8 T10S, R75W of the 6th P.M., 2440’ from S section line and 2135’ from E section line. Aka Elkhorn Ranches Lot 52 Filing 2 & 763 Raven Way. Source: Groundwater Depth: 350’ Appropriation: 2/28/1975 (W-7903) Amount claimed: 10 gpm Use: Household (3 pages)


96CW1072 Richard L. & Michele R. Kinshella, 382 E. Meadow Cr. Pl. Highlands Ranch, CO 80126. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 31, 1996, and amended on April 13, 2004. Kinshella Well - Permit #051243-F, located in the SW1/4 NW1/4 S7 T8S, R75W of the 6th P.M., 1500’ from N section line and 200’ from W section line. Aka Michigan Hill lot 223 Filing 3 and 2150 Michigan Hill Rd. Source: Groundwater Depth: 170’ Appropriation: 5/31/1979 (79CW163) Amount claimed: 15 gpm Use: Household (3 pages) 96CW1142 Rubel & Mary Gallegos, 4850 E. 18th Ave., Denver, CO 80220. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on December 31, 1996, and amended on April 22, 2004. Gallegos Well - Permit #057903-F, aka Michigan Hill Filing 2 Lot 205, located in the NW1/4 NW1/4 S7 T8S, R75W of the 6th P.M., 85’ from N section line and 1195’ from W section line. Source: Groundwater Depth: 300’ Appropriation: 5/31/1979 (79CW163) Amount claimed: 5 gpm Use: Household (3 pages) 97CW050 Paul J. Knopinski, 3669 White Bay Dr., Littleton, CO 80126. Amended Application for Underground Water Rights, IN PARK COUNTY. This claim was filed with the Water Clerk, Water Division No. 1, on January 8, 1997, and amended on April 14, 2004. Knopinski Well - Permit #58861-F, located in the NE1/4 NW1/4 S13 T9S, R74W of the 6th P.M., 870’ from N section line and 1885’ from W section line. Aka Lost Park Ranch Lot 207 Filing 2 and 2348 Al Gulch Rd. Source: Groundwater Depth: 220’ Appropriation: 6/30/77 (W-8573) Amount claimed: 15 gpm Use: Household plus irrigation of up to 2000 sq. ft. of lawn & gardens(3 pages) 02CW015, Design Ideas and Jennifer/Joseph Breig, c/o Billie G. Burchfield, P. O. Box 475, Parachute, CO 81635, (970) 285-7990. Amended Application for Underground Water Rights IN JEFFERSON COUNTY, CLAIM NO. 1 - Structure: Breig Well #1, located Sec. 28, T. 5 S., R. 71 W.of 6th P.M., 1150 ft from N. and 1560 ft from E.line of Sec. 28. Source: fractured granite/quartz underground alluvial. Depth: 677 ft. Approp. 5/5/1995 by application for well permit. Date applied to use 5/1998. Amount - 12 gpm (0.033 c.f.s.), absolute. Use: household - one single-family dwelling. Applicant requests water right be declared an exempt domestic well. Owner of land of pt diversion and place of use are Breig(s). CLAIM NO. 2 - Structure: Design Ideas Well #1, located in NE 1/4 NW 1/4 Sec.13, T. 5 S., R.71 W of 6th P.M., 1200 ft from N. and 2000 ft from West line of Sec.13. Source: fractured granite and quartz underground alluvial. Depth: 474 ft. Appropriation: 6/30/1998 by applying for well permit. Applied to beneficial use December 1998. Amount 12.5 gpm (0.033 c.f.s.), absolute. Uses: Fire protection, three (3) single-family dwellings, irrigation one (1) acre and watering domestic animals. Applicant requests water right be declared an exempt domestic well. Owner of land where diversion and use are located: Design Ideas Inc. CLAIM NO. 3 - Structure: Design Ideas Well #2 located in SW1/4 NE1/4 of Sec. 28, T. 5 S., R. 71 W. of 6th P.M., 1505 ft from N. and 1548 ft from E. line of Sec. 28. Source: fractured granite and quartz underground alluvial. Depth: 995 ft. Appropriation: 4/13/1999 by applying for a well permit, Date applied to use: April 15, 2002. Amount - 3.8 gpm (0.033 c.f.s.), absolute. Use household for one single-family dwelling. Applicant requests water right be declared an exempt domestic well. Owner of land where diversion and uses located: Applicant 03CW047, The Lower Latham Reservoir Company, c/o Dennis Hoshiko, P.O. Box 398, Kersey, CO 80644. SECOND AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD COUNTY. All future correspondence and pleadings to: William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Ft Collins, CO 80522. Applicant amends its application for the purpose of adding six additional wells to the list of wells to be augmented by the proposed plan for augmentation. These wells are as follows:


Owner Name Well Permit

Stream Depletion Factor (SDF) Range

Township Sect q160 q40

Frank, Robert et al. 5885-R 1080 64 W 4 N 12 NE SW Rothe, Frank & Mary 5965-R-R 1080 64 W 4 N 2 SE SE Pankow, Herbert 6230-R 1080 64 W 4 N 1 SW SW Frank, Robert et al. 6835F-R 1080 64 W 4 N 12 NE SE Borys, Richard 13255-R 30 65 W 5 N 12 SE SE Centennial Valley Ranch

15932-R-R 160 63 W 5 N 32 NW NW

Augmentation of the depletive effects of these wells shall be made from the same sources as are described in the original application in 2003CW47, which Applicant asserts are adequate for such additional augmentation requirements. Except as amended herein, such original application, as well as the first amendment thereto, are readopted. Applicant consents to all statements of opposition hereto filed in this matter as also being applicable to this amendment. 04CW46 PAWNEE WELL USERS, INC., P.O. Box 1150, Sterling, CO 80751, (970) 522-7330. (Veronica A. Sperling, Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782; Ray Ann Brammer, Brammer Law Office, P.C., P.O. Box 1827, Sterling, CO 80751, (970) 521-0700). AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN LOGAN, MORGAN AND WASHINGTON COUNTIES. CHANGE OF WATER RIGHTS 2. Amendments to Application: A. Paragraph 3.E. of the Application states that applicant’s members own 1,419.6 acre-rights of the Logan Irrigation District and that Prewitt Reservoir water available to those acre-rights has historically been used for irrigation purposes on approximately 1,419.6 acres of land in Logan County. Paragraph 3.E. of the Application is hereby amended to state that applicant’s members own 1,470.2 acre-rights of the Logan Irrigation District (the “subject Logan Prewitt acre-rights”) and that Prewitt Reservoir water available to the subject Logan Prewitt acre-rights has historically been used for irrigation purposes on approximately 1,470.2 acres of land in Logan County. The map attached to the Application showing the location of the lands historically irrigated by the Logan Irrigation District acre-rights owned by applicant’s members is correct. The Logan Irrigation District is the owner of 17/31 of the water rights decreed to Prewitt Reservoir. Prewitt Reservoir is located in parts of Sections 1, 2, 10, 11, 12, 13, 14 and 15, Township 5 North, Range 54 West of the 6th P.M., and in parts of Sections 5, 6 and 7, Township 5 North, Range 53 West of the 6th P.M., all in Washington County, Colorado, and in the SE1/4 of the SE1/4 of Section 36, Township 6 North, Range 54 West, and in the SW/1/4 and the SW1/4 of the SE1/4 of Section 31, Township 6 North, Range 53 West, 6th P.M., all in Logan County, Colorado. The headgate of the Prewitt Inlet Canal is located on the east bank of the South Platte River in the SW1/4 of Section 24, Township 5 North, Range 55 West, 6th P.M., in Morgan County, Colorado. B. The permit number for one of the wells listed for Edwin Miller in paragraph 6 of the Application, Permit No. R21486, is incorrect. The Application is hereby amended to state that the well permit number for this well is R12486. The well is located in the NE1/4 of the NW1/4 of Section 24, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, as described in paragraph 6 of the application. C. Paragraphs 6, 7.C. and 9.A. of the Application are hereby amended to include the well with Permit No. R12486 (Edwin Miller) as an additional well to be used for augmentation. A well permit application for augmentation use of this well will be submitted to the Colorado Division of Water Resources. 3. Except as expressly amended herein, the Application for Change of Water Rights and Approval of Plan for Augmentation filed herein on March 16, 2004, remains unchanged.

CORRECTED for amount claimed and previous decrees


04CW53 William E. & Sandra J. Ils, 16911 County Road 39, Sterling, CO 80751. Application for Surface Water Rights, IN LOGAN COUNTY. Springdale Creek, located in the SW1/4 NW1/4 S7 T8N, R52W of the 6th P.M., 1220’ from N section line and 680’ from W section line. Source: Springdale Creek, tributary to South Platte River Appropriation: 02/03/04 Beneficial Use: 5/22/1934 Amount claimed: 3 cfs Absolute, 7cfs Conditional. Use: Livestock water, recharge for augmentation to replace depletions from applicant’s well permit #203 (included in 03CW195 and 95CW263), and other wells with whom applicant contracts for use of water, recreation, wildlife, wildlife recovery, and historical irrigation of 80 acres (S2 NW4 S7 T8N R52W PM 6) (3 pages) THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of June 2004 (forms available on www.courts.state.co.us or in the clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 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.

April 2004 resume - CO Courts€¦ · April 2004 Resume 3 of 33 Amount: 17.6 acre-feet. D. Historic...

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Transcript of April 2004 resume - CO Courts€¦ · April 2004 Resume 3 of 33 Amount: 17.6 acre-feet. D. Historic...