DISTRICT COURT, WATER DIVISION 1, COLORADO

JULY 2020 WATER RESUME PUBLICATION

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications

and certain amendments filed in the Office of the Water Clerk during the month of JULY 2020 for each

County affected.

20CW19 DAVID J. LIDKE, 6305 W. 6th Ave., C-17, Lakewood, CO 80214. 720-352-3127.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of

original decree: 11-13-01 in case 96CW419. WD 1; Subsequent decrees: 03-25-08 in case 07CW252 WD

1; 07-30-14 in case 14CW7 WD 1. Lidke Well located SE1/4, NW1/4, S21, T9S, R75W, 6th PM at a point

approximately 2500 ft. from N and 1600 ft from W. Lot 51, Filing 4, Indian Mountain Subdivision. Source:

Groundwater. Appropriation date; 05-31-73. Amount: 15 gpm, Conditional. Use In house, single family

dwelling.

20CW20 TERRY L. HARRINGTON, 6405 Grandview Ave., Arvada, CO 80002. 303-903-9115.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Original

decree: 07-31-01 in case 96CW696, WD 1; Subsequent decrees: 02-14-08 in case 07CW135 and 07-01-14

in case 14CW4, WD 1. Harrington Well, located NE1/4, SE1/4, S14, T9S, R74W, 6th PM at a distance 1435

ft from S and 765 ft. from E. Lost Park Ranches, Lot 43. Source: Groundwater. Appropriation date: 6-30-

77. Amount: .033 cfs, Conditional. Use: Household use in single family dwelling not including irrigation.

20CW21 KELLI L. DUFFY, 4125 S. Galapago St., Englewood, CO 80110. 303-514-8237.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of

original decree: 12-4-01 in case 96CW1086, WD1; Subsequent decrees: 3-21-08 in case 07CW276 and 7-

30-14 in case 14CW9, both WD 1. Crawford Well located NE1/4, SW1/4, S23, T9S, R75W or the 6th PM

at a point approximately 2200 ft from W and 2200 ft from S in Lot 65, Filing 8, Indian Mountain

Subdivision aka 493 Atoka Drive. Source: Groundwater. Appropriation Date: 05-31-73. Amount: 15 gpm,

Conditional. Use: Household use only in single family dwelling not including irrigation.

20CW22 THOMAS KILIJANEK AND DARCIE JOHNSON, 36237 CR 21, ELIZABETH, CO

80107. 720-663-4495 OR 720-431-0534. APPLICATION FOR UNDERGROUND WATER RIGHTS

IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well,

permit 105810, and to adjudicate the non tributary and not nontributary Denver Basin groundwater

underlying a 4.49 acre tract of land lying in the SE1/4, SE1/4, S32, T7S, R64W of the 6th PM, including the

Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers.

20CW23 JOHN AND CHRISTINE DILDINE, 5744 N. CR 27, Loveland, CO 80538. 970-667-0233.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Date

of original decree: 8-31-01 in case 00CW204 WD1; Subsequent decrees: 2-21-08 in case 07CW183 and

07-01-14 in case 14CW6 both WD1. Well, permit 69978, located SW1/4, SW1/4, S26, T6N, R70W 6th PM

at a point approximately 660 ft. from S and 700 ft. from W. Source: Groundwater. Appropriation date: 6-

14-73. Amount: 0.027 cfs (12gpm). Use Domestic in one single family dwelling including irrigation of 1/2

acre and stock water absolute. Domestic in an additional single family dwelling and irrigation of an

additional 1/2 acre conditional.

**Water Division One to Publish Resume**

20CW3095, (Water Division 2 case no. 20CW3035) Andrew Connolly and Jenneil Connolly, 7725

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Manston Dr., Colorado Springs, CO 80920. Application for Revision of Plan for Augmentation of

Andrew and Jenneil Connolly, in EL PASO COUNTY. I. Name and Address of Applicants. Andrew

Connolly and Jenneil Connolly, 7725 Manston Dr., Colorado Springs, CO 80920, (“Applicants”). Name

and Address of Attorneys. Chris D. Cummins, #35154, Emilie B. Polley, #51296 MONSON, CUMMINS

& SHOHET, LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-

1212,E-mail:cdc@cowaterlaw.com; ebp@cowaterlaw.com. II. Background and Summary of Application.

A. Applicants seek to revise a portion of an existing augmentation plan concerning groundwater supplies

underlying a 5 acre parcel of land located in El Paso County, Colorado. Applicants own Lot 2 of the High

Plains Subdivision, depicted on attached Exhibit A and is specifically described as Lot 2, High Plains Filing

No. 1, also known as 6442 Raleigh Rd, Colorado Springs, CO 80908 (“Applicants’ Property”). B.

Underground water rights within the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, along

with a plan for augmentation, were decreed in Case No. 18CW3017 (consolidated with Water Court

Division 2 Case No. 18CW3006), District Court, Water Division 2 (“18CW3017 Decree”). The 18CW3017

Decree established an augmentation plan for approximately 39.4 acres of land located in the SW1/4 SE1/4

of Section 19, Township 11 South, Range 65 West of the 6th P.M., known as the High Plains Subdivision

consisting of seven lots. The augmentation plan decreed that up to a combined 3.78 acre-feet of water per

year may be withdrawn from the not-nontributary Dawson aquifer from seven individual wells on each of

the lots, or 0.54 acre-feet per lot. The 18CW3017 Decree set forth the water use as domestic, commercial,

irrigation, stock water, recreation, wildlife, wetlands, fire protection, piscatorial, and for storage and

augmentation associated with such uses. These uses were to be augmented by return flows from the

individual non-evaporative septic systems on each lot during the pumping life of the wells. Post-pumping

augmentation obligations are met by the reservation of 1,022 acre feet of water from the nontributary

Laramie Fox Hills aquifer (a 300-year aquifer life/plan for augmentation) underlying the entirety of the

High Plains Subdivision. C. Applicants are the current owners of Lot 2 of the High Plains Subdivision.

Applicants own the following water in the Denver Basin aquifers underlying Lot 2, as depicted on the

attached Exhibit B Deed:

III. Proposed Revision. Applicants are the owners of Lot 2 of the High Plains Subdivision, along with water

subject to the plan for augmentation approved and decreed by the Division 1 Water Court in the 18CW3017

Decree, and additional water and water rights underlying Lot 2 as described above. Applicants do not seek

any change or revision as to the 18CW3017 Decree as would affect the remainder of the 6 lots within the

High Plains Filing No. 1, but rather seek only to enhance the pumping entitlements on Lot 2 utilizing

additional available augmentation supplies. By this application, Applicants request the following revisions

to the plan for augmentation set forth in the 18CW3017 Decree only as to Lot 2, as follows: A. Structures

to be Augmented: The structure to be augmented is one well, with existing DWR Permit No. 84420-F,

attached as Exhibit C, to-be constructed to the not-nontributary Dawson aquifer on Lot 2 (“the Connolly

Well No. 1”), including any future replacement or substitute wells as may be constructed to the not-

nontributary Dawson aquifer formation underlying the Applicants’ Property. The existing well permit will

be cancelled and re-permitted upon approval of this plan for augmentation. B. Water Rights to be Used for

Augmentation. The water rights to be used for augmentation during pumping are the septic return flows

resulting from pumping of the not-nontributary Dawson aquifer by the Connolly Well No. 1, as well as

Aquifer Annual Amount –

100 years

(Acre-Feet)

Annual Amount –

300 years

(Acre-Feet)

Total

(Acre-Feet)

Dawson (NNT) 3.18 1.06 318

Denver (NT) 1.0 33.33 100

Arapahoe (NT) 1.56 0.52 156

Laramie-Fox Hills (NT) 1.62 0.54 162

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return flows from any replacement/substitute wells, as set forth in this plan for augmentation, together with

water rights from the nontributary Arapahoe and Laramie-Fox Hills aquifers for any injurious post pumping

depletions. C. Statement of Plan for Augmentation. Applicants wish to provide for the augmentation of

stream depletions caused by pumping the not-nontributary Dawson aquifer well proposed for Applicants’

Property. Potential water use criteria and the consumptive use component for replacement of actual

depletions for the lot is estimated as follows: 1. Uses. i. Household Use Only: A minimum of 0.26 acre

feet annually within a single family dwelling on Lot 2, consistent with the decree in Case No. 18CW3017,

with a maximum of ten percent consumptive use based on a non-evaporative septic leach field disposal

systems. The annual consumptive use for the lot will therefore be 0.026 acre feet, with return flows of

0.234 acre feet annually. This amount is consistent with the 18CW3017 decree, and the Applicant does not

seek an amendment of this previously decreed quantity. ii. Landscape Irrigation: 0.05 acre feet annually

per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive use rate. The

annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet.

iii. Horses (or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one

hundred percent consumptive use component. 2. The Connolly Well No. 1 will pump a maximum of 1.0

acre feet of water per year from the Dawson aquifer (the 18CW3017 decree provided for only 0.54 acre

feet of pumping). Such use shall be a combination of household use, irrigation of lawn and garden, and the

watering of horses or equivalent livestock. An example breakdown of this combination of use, utilizing the

factors described above, is household use of 0.26 acre feet of water per year, with the additional 0.74 acre

feet per year available for irrigation of lawn and garden and the watering of up to four horses or equivalent

livestock. D. Depletions. Pursuant to C.R.S. §37-90-137(9)(c.5), replacement of actual stream depletions

attributable to pumping of the Connolly Well will be required to the extent necessary to prevent injurious

effect, to the extent the well is constructed to the Dawson aquifer. Applicants’ predecessor’s consultant in

the 18CW3017 matter determined that maximum stream depletions over the 300-year pumping period

required by El Paso County Land Use Code for the Dawson aquifer amounts to approximately 22% of

pumping. Maximum annual depletions for total residential pumping from all lots within the High Plains

Subdivision would therefore be 0.83 acre feet in year 300. Applicants are required to replace a maximum

of 0.22 acre feet annually as a result of pumping the Connolly Well No. 1 (i.e. 22% of pumping). Should

Applicants’ pumping be less than the 1.0 total per year, as described herein, resulting depletions and

required replacements will be correspondingly reduced. E. Augmentation of Depletions During Pumping.

Applicants will replace depletions resulting from the pumping of the Connolly Well No. 1 during the

pumping life of the well utilizing residential return flows from a non-evaporative septic system from in

house uses of the lot served by the Connolly Well No. 1. The annual consumptive use for non-evaporative

septic systems is 10% per year per residence. At a household use rate of 0.26 acre feet per residence per

year, 0.234 acre feet is replaced to the stream system per year, utilizing the non-evaporative septic systems.

Thus, during pumping, stream depletions will be more than adequately augmented thereby preventing injury

to other vested water rights. F. Augmentation for Post Pumping Depletions. Applicants seek to revise the

prior reservation of the Laramie-Fox Hills aquifer in the 18CW3017 Decree for replacement of any

injurious post-pumping depletions as to Lot 2. Under the 18CW3017, the Applicants’ 1/7th reservation of

the Laramie Fox Hills Aquifer is 146 acre feet. The Applicants now reserve 162 acre feet of the Laramie-

Fox Hills Aquifer and an additional 150 acre-feet of the underlying Arapahoe aquifer, thereby adding 166

acre-feet of post pumping supply, sufficient to replace depletions from increased pumping on Lot 2.

Applicants also reserve the right to substitute other legally available augmentation sources for such post

pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this

reservation is made, under the Court’s retained jurisdiction, Applicants reserve the right in the future to

prove that post pumping depletions will be noninjurious. The reserved nontributary Arapahoe and Laramie-

Fox Hills groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a

decree in this case, the Applicant will be entitled to apply for and receive a new well permit for the proposed

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Connolly Well No. 1 for the uses in accordance with this Application and otherwise in compliance with

C.R.S. §37-90-137. G. Other Remarks. 1. This Application is being filed in Water Divisions 1 and 2 because

depletions may occur to both divisions. The return flows set forth above will accrue to the South Platte

River system where the majority of depletions occur, and it is Applicants’ intent to consolidate the instant

matter in Water Division 1 upon completion of publication. Applicants request that the total amount of

depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte

River as set forth herein, and for a finding that those replacements are sufficient. 2. Applicants note that

no revision of the decreed plan for augmentation is requested as affects Lots 1, and 3 through 7 in Case No.

18CW3017, but rather only replacement as to uses and amounts for Lot 2. 3. Applicants request a finding

that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally

available for withdrawal by the requested wells upon the entry of a decree approving an augmentation plan

pursuant to C.R.S. §37-90-137(9)(c). 4. The term of this augmentation plan is for 300 years, however the

length of the plan for a particular well may be extended beyond such time provided the total plan pumping

allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only

to the extent related to that well’s actual pumping. 5. The Court will retain jurisdiction over this matter to

provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to

conform to actual local aquifer characteristics from adequate information obtained from well drilling or test

holes. IV. Remarks. A. The Applicants request a finding that vested water rights of others will not be

materially injured by the additional use requested herein. B. Upon entry of a decree in this case, the

Applicants shall be entitled to apply for and receive a new well permit in accordance with the provisions of

any decree entered in this case. C. The Water Court has jurisdiction over the subject matter of this

application pursuant to §§ 37-90-137(6) and 37-92-302, C.R.S. D. The Applicants intend to waive the 600

feet well spacing requirement for any wells to be located upon the Applicants’ Property. E. The well shall

be installed and metered as reasonably required by the State Engineer. The well will be equipped with a

totalizing flow meter and Applicants shall submit diversion records to the Division Engineer on an annual

basis or as otherwise requested by the Division Engineer. The Applicants shall also provide accountings

to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under

this plan of augmentation. F. Applicants will comply with any lienholder notice provisions set forth in

C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of the filing

of this application.

20CW3096 East Cherry Creek Valley Water and Sanitation District (“ECCV”), c/o David Kaunisto,

General Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, Telephone: (303) 693-3800;

United Water and Sanitation District (“United”), c/o Robert Lembke, 8301 East Prentice Avenue, Suite

100, Greenwood Village, Colorado 80111, Telephone: (303) 773-1005. The above-listed parties shall be

collectively referred to as the “Applicants.” APPLICATION FOR CHANGE OF WATER RIGHTS,

CONDITIONAL APPROPRIATION OF RETURN FLOWS, AND PLAN FOR AUGMENTATION

in ADAMS, LARIMER, AND WELD COUNTIES. Please send all pleadings and correspondence to

Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq.,

NAZARENUS STACK & WOMBACHER LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village

Colorado 80111, (Attorneys for ECCV); Tod J. Smith, Esq., Law Office of Tod J. Smith, LLC, 5777

Central Avenue, Suite 228, Boulder, Colorado 80301, (Attorney for United) 2. Introduction. The purpose

of this Application is to change the use of the decreed water rights associated with shares in the Fulton

Irrigating Ditch Company for use by ECCV. 3. Summary of Subject Water Rights. ECCV seeks to change

the use of 60.3 shares out of 7,185 outstanding shares of the Fulton Irrigating Ditch Company (“ECCV’s

Fulton Shares”). CLAIM FOR CHANGE OF WATER RIGHTS 4. Decreed Water Rights for Which

Change is Sought and Structure Associated with the Decreed Water Rights. 4.1. Name of Structure. Fulton

Ditch. 4.2. Decreed Point of Diversion: The original decreed headgate location for the Fulton Ditch is

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near Section 9, between Sections 16 and 17, in Township 2S, Range 67W of the 6th P.M., Adams County,

Colorado. The actual headgate location is on the east bank of the South Platte River in the NE1/4 SE1/4 of

Section 17, Township 2S, Range 67W of the 6th P.M., Adams County, Colorado. 4.3. Previous Decree.

Case No. 6009, Arapahoe County District Court, decreed April 28, 1883. 4.4. Source. South Platte River.

4.5. Dates of Appropriation and Amounts.

Priority No. Appropriation Date Amount (cfs) Pro Rata Amount for

60.3 Shares (cfs)

8 May 1, 1865 79.7 0.669

43 July 8, 1876 74.25 0.623

51 November 5, 1879 50.23 0.422

TOTAL 204.18 1.714

5. Historical Use. ECCV’s Fulton Shares were historically used to irrigate the lands described below and

shown on the map attached as Exhibit 1. 5.1. Hansen Farm. The Hansen farm is located in the W1/2 of

the SW1/4 of Section 16 and the E1/2 of the NE1/4 of the SE1/4 of Section 17, all in Township 2 North,

Range 66 West of the 6th P.M., Weld County, Colorado. 23.75 shares, represented by Share Certificate

No. 4146, were used to irrigate a mix of alfalfa, corn, grass, hay, grain, and potatoes. 5.2. Hattendorf Farm.

The Hattendorf farm was located in the W½ of Section 18, Township 1 South, Range 66 West of the 6th

P.M., Adams County, Colorado. 1.55 shares, represented by Share Certificate No. 4017, were used to

irrigate a mix of onions, sugar beets, green beans, sweet corn, silage corn, alfalfa, and vegetables. 5.3.

Windler Farm. The Windler farm was located in the NE1/4 of the NW1/4 of Section 5, and in part of the

W1/2 of the NE1/4 of Section 5, all in Township 1 South, Range 66 West of the 6th P.M., Adams County,

Colorado. 35 shares, represented by Share Certificate No. 4039, were used to irrigate a mix of corn, small

grains, pasture, dry beans, and small vegetables. 6. Proposed Change of ECCV’s Fulton Shares. 6.1.

Change in Type of Use. The uses described below may occur directly, following storage, following

recharge, and/or by exchange. 6.1.1. Use in ECCV’s Augmentation Plans. ECCV seeks to use the water

attributable to its Fulton Shares as a source of replacement water in ECCV’s augmentation plans decreed

in Case Nos. 02CW403 (“403 Decree”) and 02CW404/03CW442 (“404/442 Decree”), as amended by the

decree entered in Case No. 10CW306 (“306 Decree”), and in Case No. 13CW3026 (“3026 Decree”). In

addition, ECCV seeks to use the water attributable to its Fulton Shares as a source of replacement water in

the augmentation plan pending in Case No. 19CW3084, and in any future ECCV plan for augmentation.

6.1.2. Source for ECCV’s Recharge Projects. ECCV seeks to deliver ECCV’s Fulton Shares to ECCV’s

recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the 404/442 and 306 Decrees,

and will store excess accretion credits generated therefrom in any reservoir available to ECCV including,

but not limited to, Milton Lake. ECCV will also deliver its Fulton Shares to ECCV’s recharge facilities

pending in Case No. 16CW3196. In addition, ECCV seeks to deliver its Fulton Shares to any future

recharge site, aquifer storage and recovery project, and aquifer recharge and recovery project to which

ECCV is legally permitted to recharge water. 6.1.3. Source for ECCV’s Exchanges. ECCV will deliver

ECCV’s Fulton Shares as a source of substitute supply in the exchanges decreed in Case No. 11CW285

and pending in Case No. 16CW3196. ECCV may also use ECCV’s Fulton Shares as a source of supply in

any future exchange operated or decreed for use by ECCV. 6.1.4. Places of Storage. ECCV may store

ECCV’s Fulton Shares in any facility ECCV is legally permitted to store water, including: 6.1.4.1. United

Reservoir No. 3. United Reservoir No. 3 is an off-channel reservoir located in the E1/2 of Section 26 and

the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado.

6.1.4.2. Barr Lake. Barr Lake is an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and

33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an

enlargement of the original Oasis Reservoir. 6.1.4.3. Milton Lake. Milton Lake is an off-channel reservoir

located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld

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County, Colorado. 6.1.4.4. Milliken Reservoir (a/k/a Gilcrest Reservoir). Milliken Reservoir is a lined

off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West, and Sections

23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.4.5.

70 Ranch Reservoir. 70 Ranch Reservoir is a lined off-channel reservoir located in the S1/2 of Section 3,

Township 4 North, Range 63 West of the 6th P.M. and a portion of the NE1/4 of Section 10, Township 4

North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.4.6. Serfer Pit. Serfer Pit is an off-

channel lined gravel pit reservoir on the north side of the Cache la Poudre River, located in the NE1/4 of

the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado.

6.1.4.7. Binder Reservoir. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15,

Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.4.8. Highlands Reservoir.

Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North,

Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.9. Any existing or future storage facility in

which ECCV is legally permitted to store water. 6.1.5. Replacement of Return Flow Obligations. ECCV

seeks to use its Fulton Shares to replace return flow obligations associated with its Fulton Shares and with

the agricultural water rights changed in Case Nos. 02CW403, 02CW404/03CW442, 06CW40, 12CW73,

13CW3026, Consolidated Case Nos. 05CW58/11CW151, pending changes in Case Nos. 16CW3200 and

16CW3196, and any future change for which ECCV’s Fulton Shares may be used to replace return flow

obligations. 6.1.6. Use in ACWWA’s Augmentation Plans and Delivery to ACWWA’s Recharge Projects.

ECCV may lease and/or trade water attributable to ECCV’s Fulton Shares to Arapahoe County Water and

Wastewater Authority (“ACWWA”) for use as a source of augmentation and replacement water in

ACWWA’s augmentation plans and recharge projects, including those decreed in the 306 and 3026

Decrees, and pending in Case Nos. 16CW3195 and 19CW3084. 6.1.7. All Municipal Uses. ECCV seeks

to use the water attributable to its Fulton Shares for all municipal uses via augmentation and exchange,

including after recharge or storage. ECCV’s municipal uses include but are not limited to irrigation,

domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement,

recharge, substitute supply, including further exchange with other water systems and with other water users,

and for all other beneficial uses within ECCV’s present and future service area. 6.1.8. Right of Reuse,

Successive Use, and Disposition. ECCV reserves the right to reuse, successively use, and dispose of by

sale, lease, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted,

and/or impounded pursuant to the decree entered in this case. As such, ECCV’s Fulton Shares will be fully

consumable water. 6.2. Change in Place of Use. ECCV seeks to use the water attributable to its Fulton

Shares on lands within ECCV’s present and future service area, at such locations as to allow ECCV to pump

water at the CV/ACWWA Well Field or provide direct deliveries for municipal use within ECCV’s present

and future service area, and at locations as necessary to operate the augmentation plans, recharge projects,

and exchanges described herein. A map of ECCV’s present service area is attached as Exhibit 2. 6.3. Use

by Other Fulton Shareholders. Any water that would be otherwise available to ECCV pursuant to its Fulton

Shares that ECCV does not use may continue to be diverted at the Fulton Ditch headgate and used by other

Fulton shareholders, pursuant to the terms and conditions of the decree described in paragraph 4, above,

without counting against the historical consumptive use volumetric limits decreed in this proceeding for

ECCV’s Fulton Shares. The diversion and use of water otherwise available to ECCV’s Fulton Shares by

other Fulton shareholders may also occur after the historical consumptive use volumetric limits decreed in

this proceeding for ECCV’s Fulton Shares have been fully exhausted by ECCV’s uses. 7. Delivery of

Fulton Shares. ECCV does not seek a change in point of diversion of its Fulton Shares. ECCV will continue

to take delivery of its Fulton Shares at the Fulton Ditch headgate at times when Fulton is delivering to other

shareholders. ECCV may also deliver its Fulton Shares through any other structure located on the Fulton

Ditch if approved by the Fulton Board of Directors. 8. Return Flow Obligations. ECCV will maintain

historical surface runoff and groundwater return flows on a daily basis whenever the downstream calling

water right on the South Platte River, including exchanges, is senior to July 13, 2020. ECCV shall meet its

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return flow obligations for its Fulton Shares by any of the sources described in the attached Exhibit 3, either

directly, by substitution, by exchange, or following storage or recharge. ECCV may also deliver water

from other fully consumable sources, either directly, by substitution, by exchange, or following storage or

recharge, owned or controlled by ECCV or any other available sources so long as the sources are decreed

for augmentation purposes by the Water Court, or approved for replacement use under a Substitute Water

Supply Plan approved by the State Engineer pursuant to sections 37-92-308 and -309 of the Colorado

Revised Statutes, or successor statutes, or are otherwise lawfully available for such use. 9. Integrated

System. ECCV’s Fulton Shares will be used pursuant to and in accordance with the applicable terms and

conditions of the plans for augmentation, exchanges, and recharge projects decreed in Case Nos. 02CW403,

02CW404/03CW442, 10CW306, 13CW3026, 11CW280, and 11CW285, and the final decrees to be

entered in pending Case Nos. 16CW3200 and 16CW3196. CLAIM TO APPROPRIATE RETURN

FLOWS 10. Name of Structure. Fulton Ditch, for which the decreed point of diversion is described in

paragraph 4.2, above. 11. Claim to Appropriate Return Flows. ECCV claims the right to retain and use

for the changed uses described in paragraph 6, above, the historical return flow portion of ECCV’s Fulton

Shares at any time of the year whenever there is no call for water rights below the historical return flow

location, or that call is junior to July 13, 2020. 12. Appropriation Information. 12.1. Date of

Appropriation. July 13, 2020. 12.2. How Appropriation Was Initiated. The appropriation date is based

upon the date the Application in this case was filed. 12.3. Date Water First Applied to Beneficial Use. Not

Applicable. 13. Source. South Platte River. 14. Amount Claimed. ECCV owns 60.3 shares out of a total

7,185 outstanding shares of the Fulton Ditch, as described in paragraph 3, above. ECCV claims a rate and

volume of all return flows associated with those shares to the extent available under this claimed

appropriation, conditional. 15. Claimed Uses. For the same uses as described in paragraph 6, above.

CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION 16. Purpose of the Plan for

Augmentation. Through this plan for augmentation, ECCV will provide sources of replacement water to

replace the historical return flow obligations associated with ECCV’s Fulton Shares. 17. Location of Return

Flows. The locations where the return flows associated with ECCV’s Fulton Shares historically accrued

are shown in Exhibit 4. 18. Replacement Sources. ECCV will use water derived from the sources

described in paragraph 8, above, to replace the historical return flow obligations associated with its Fulton

Shares in time, location, and amount in order to prevent injury to any owner of or persons entitled to use

water under a vested water right or a decreed conditional water right. 19. Future Acquired Sources. ECCV

intends to acquire and/or lease additional water supplies in the future for use as a source of replacement in

the plan for augmentation described in this Application. Those supplies may be acquired and/or leased to

replace or supplement water from the sources identified in paragraph 8. ECCV will add future acquired

sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the

Colorado Revised Statutes. 20. Names and Addresses of the Owners of the Structures and Diversion

Facilities Listed Above. 20.1. Fulton Irrigating Ditch is owned by Fulton Irrigating Ditch Company, whose

address is 25 South 4th Avenue, Brighton, Colorado 80601. 20.2. United Reservoir No. 3 is owned by

United, whose address is 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111.

United Reservoir No. 3 is on land owned by Bromley District Water Providers, LLC, whose address is the

same. United holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion

Facility No. 3. The diversion structure is owned by United. 20.3. Barr Lake and the canals which will be

used to deliver water to Barr Lake are owned by Farmers Reservoir and Irrigation Company (“FRICO”),

whose address is 80 South 27th Avenue, Brighton, Colorado 80601. 20.4. Milton Lake is owned by FRICO,

whose address is 80 South 27th Avenue, Brighton, Colorado 80601. 20.5. Milliken Reservoir is owned by

United Milliken Reservoir Enterprise, LLC, whose address is 8301 East Prentice Ave, Suite 100,

Greenwood Village, Colorado 80111, and Scout Investments, LLC, whose address is the same. 20.6. Weld

Adams Water Development Authority (“WAWDA”), whose address is 8301 East Prentice Avenue, Suite

100, Greenwood Village, Colorado 80111, holds an easement for 70 Ranch Reservoir and its diversion and

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outlet facilities. The land underlying the easement is owned by 70 Ranch, LLC, whose address is the same.

20.7. Serfer Pit is owned by United, whose address is 8301 East Prentice Avenue, Suite 100, Greenwood

Village, Colorado 80111. 20.8. Binder Reservoir is owned jointly by Ronald E. vonLembke, 73 Falcon

Hills Drive, Highlands Ranch, CO 80126 and Andrew Damiano, 15 Cherry Vale Drive, Englewood, CO

80113. 20.9. Highlands Reservoir will be owned by WAWDA, whose address is 8301 East Prentice

Avenue, Suite 100, Greenwood Village, Colorado 80111. Highland Equities, LLC holds legal title to the

land on which Highlands Reservoir will be located as nominee of South Weld Holdings, LLC which holds

beneficial title to the land. The address of Highland Equities, LLC and South Weld Holdings, LLC is the

same as WAWDA. 21. Additionally, ECCV provided notice to FRICO of the Application pursuant to

Article XVI(2) of the FRICO Bylaws on June 26, 2020, but in so doing does not waive any claims or

defenses related to the application of the FRICO Bylaws to this Application. WHEREFORE, ECCV

requests that the Court enter a decree granting the change of water rights and the conditional appropriation

of return flows, and approving the plan for augmentation, and for such other relief which it deems proper.

(11 pages, 4 exhibits).

20CW3097 City of Thornton, Infrastructure Department, Division of Water Resources, 12450 N.

Washington St., Thornton, CO 80241, 720-977-6600. Joanne Herlihy, Esq., City of Thornton, 9500

Civic Center Dr., Thornton, CO 80229, (303) 538-7210. VERIFIED APPLICATION FOR

SEXENNIAL FINDING OF REASONABLE DILIGENCE IN ADAMS COUNTY. 2. Name of

Structure: Lower Clear Creek Ditch (a.k.a. Clear Creek and Platte River Ditch). 3. Description of

conditional water right: The Lower Clear Creek Ditch Enlargement (“LCCD Enlargement”) is more

specifically described as follows: 3.1. Date of Original Decree: March 21, 1986. Case No. 81CW451,

District Court, Water Division 1 (“Decree”). 3.1.1. Subsequent decrees awarding findings of diligence:

Since the Decree was entered March 21, 1986, timely applications for findings of reasonable diligence have

been filed in accordance with Colorado law and the following diligence decrees have been entered: Case

No. 90CW62 (July 1, 1992), District Court, Water Division 1; Case No. 98CW293 (October 4, 2000),

District Court, Water Division 1. Remark. In this case 38.69 cfs of the LCCD Enlargement water right

was made absolute and a finding of diligence entered on the remaining amount; Case No. 06CW228

(September 14, 2007), District Court, Water Division 1; and Case No. 13CW3103 (July 2, 2014), District

Court, Water Division No. 1. 3.2. Location: The headgate of the Lower Clear Creek Ditch is located on the

North bank of Clear Creek in the SW/4 of the SE/4 of Section 4, Township 3 South, Range 68 West of the

6th P.M., in Adams County, Colorado, at a point approximately 1,400 feet West and 1,200 feet North of

the Southeast corner of said Section 4. 3.3. Appropriation Date: December 17, 1981. 3.4. Amount: 100 cfs.

3.4.1. 38.69 cfs, ABSOLUTE, 61.31 cfs, CONDITIONAL 3.5. Source: Clear Creek and its tributaries,

all tributary to the South Platte River. 3.6. Uses: All beneficial uses, including municipal, industrial,

agricultural, use by exchange, piscatorial, parks, golf course, lawn watering, fire protection, recreational

and truck farming. 4. Detailed outline of what has been done toward completion, including expenditures:

From October 1, 2013 through July 31, 2020, Thornton performed the following work and incurred the

following costs, all or in part, concerning the remaining conditional portion of the LCCD Enlargement,

including work and expenditures on specific structures integral to the diversion and use of the LCCD

Enlargement, and on Thornton’s integrated water supply system within which the LCCD Enlargement has

been and will be placed to beneficial use. The work done and costs incurred set forth below are illustrative

and not exhaustive and Thornton reserves the right to present evidence of additional diligence costs and

activities at trial. 4.1. Thornton Integrated System Activities: During the relevant diligence period, Thornton

has continued in the development and improvement of its Clear Creek water supply system including many

of the structures used in the exercise of the LCCD Enlargement, and the eventual treatment and use of the

water yielded by such right. Costs incurred by Thornton totaled in excess of $98 million, and include the

following: 4.1.1. West Gravel Lake Pump Station: Thornton has spent approximately $126,000 on several

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critical electrical upgrades at the West Gravel Lakes pump station. 4.1.2. Water Quality Sampling Program:

During the relevant diligence period, Thornton spent a total of approximately $1,020,000 on water quality

monitoring and sampling of its Clear Creek raw water collection system including the West Gravel Lakes.

4.1.3. Ditch Company Assessments: Thornton paid approximately $788,000 in assessments and carriage

fees for its share ownership and contract rights in the Lower Clear Creek Ditch Company and Colorado

Agricultural Ditch Company. 4.1.4. Wes Brown Water Treatment Plant (WBWTP) Projects: The Subject

Water Rights can be treated at WBWTP prior to being distributed to Thornton customers. During the

diligence period, several projects occurred at the WBWTP including membrane replacement, clarifier

repairs, and process improvements. Approximately $11 million was spent on these projects. 4.1.5.

Thornton Water Treatment Plant (TWTP) Projects: The Subject Water Rights can be treated at TWTP prior

to being distributed to Thornton customers. During the diligence period, Thornton spent approximately $85

million toward the construction of the new Thornton Water Treatment Plant. 4.1.6. Water Court: The City

has actively participated in water court proceedings and has appeared in approximately 109 water court

cases as an objector in order to protect the water rights decreed in Case No. 81CW451. Legal and

engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water

rights portfolio, including the LCCD Enlargement rights, during the diligence period spent in excess of

$600,000. 5. Claim to make absolute: N/A 6. Names and addresses of owners of land upon which new

diversion or storage structures will be built, owners of existing structures which may require modification

and owners of land upon which water is or will be stored: 6.1. Lower Clear Creek Ditch Company, P.O.

Box 701, Eastlake, Colorado 80614. 6.2. Colorado Agricultural Ditch Company, P.O. Box 1072, Eastlake,

Colorado 80614. WHEREFORE, Applicant respectfully requests entry of a judgment and decree of this

Court that:1. The Applicant has diligently pursued the completion of the remaining conditional portion of

the LCCD Enlargement decreed in Case No. 81CW451, and for such remaining portion of the subject water

right to be continued as a conditional water right for a period of six years after entry of the Court’s decree

herein; and 2. For such other relief as the Court deems just and proper. (6 pages).

20CW3098 Deuel and Snyder Improvement Company, c/o Brian Kembel, Ditch Board President,

P.O. Box 89, Fort Morgan, CO 80701. Please send correspondence and pleadings to: David P. Jones,

Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534; Phone:

(970) 622-8181; david@ljcglaw.com. CONCERNING THE APPLICATION FOR FINDING OF

REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE, in MORGAN COUNTY.

2. Previous Decrees: Case No. 03CW222, dated May 10, 2007; Case No. 13CW3051, dated July 2, 2014.

2.1. Name of Structure. Deuel and Snyder Recharge Project 2.1.1. Diversion Point. In the NW1/4 SW1/4

of Section 26, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado at the diversion

works of the Deuel and Snyder Canal. 2.1.2. Source. The South Platte River. 2.1.3. Date of Appropriation.

April 23, 2003. 2.1.4. Description of Recharge. Water is diverted at the point described in ¶8.1 of the Decree

in case no. 03CW222 (the “03CW222 Decree”) and is allowed to percolate from the ditch and ponds into

the underground aquifer for Applicant’s stated beneficial uses. Recharge credit may not be claimed from

ditch seepage that occurs whenever any water is being diverted by the ditch under a water right senior to

the recharge diversion water right granted in the 03CW222 Decree. The water so diverted may also be

delivered either above or below the ditch to recharge ponds proximate to the ditch for the same purposes.

The initial recharge pond sites and reaches are identified in paragraphs 8.4.1. through 8.4.13. of the

03CW222 Decree. Those ponds and reaches may be modified and other ponds added as long as the source

of water is form the same diversion point described above; Applicant provides notice to the objectors and

the Division Engineer, pursuant to ¶9 of the 03CW222 Decree; and the Division Engineer approves

modification of the existing pond or reach or use of the new pond. 2.1.5. Amount. 52.4 c.f.s., absolute, 15.6

c.f.s., conditional. 2.1.6. Use. Subject to the limitations set out in ¶14 of the 03CW222 Decree, replacement

of depletions for water rights used for irrigation, livestock, fire protection, recharge, wildlife and wildlife

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recovery, and for replacement of return flow obligations. Water diverted under the subject right is

considered fully consumable, and may be diverted and re-diverted, used and reused, to extinction either

directly or by exchange. 2.2. Name of Structures: Augmentation Wells. The use for each water right is for

replacement of out of priority depletions, associated with water rights used for irrigation, livestock, and fire

protection, and replacement of return flow obligations. The source for each well is groundwater tributary

to the South Platte River. 2.2.1. D&S Augmentation Well No. 1-59326-F (Whitney) 2.2.1.1. In the SW1/4

SE1/4, Section 24, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado,

approximately 20 feet north and 2630 feet west from the southeast corner of said section. 2.2.1.2. Date of

Appropriation. March 28, 2003. 2.2.1.3. Amount Claimed. 1200 g.p.m., conditional. 2.2.2. D&S

Augmentation Well No. 2-59327-F (J. Kembel) 2.2.2.1. In the SW1/4 NE1/4, Section 27, Township 4

North, Range 57 West of the 6th P.M., Morgan County, Colorado, approximately 2613 feet south and 2568

feet west from the northeast corner of said section. 2.2.2.2. Date of Appropriation. March 28, 2003. 2.2.2.3.

Amount Claimed. 1600 g.p.m., conditional. 2.2.3. D&S Augmentation Well No. 3- (Odle No. 1) 2.2.3.1. In

the NE1/4 SW1/4, Section 19, Township 4 North, Range 56 West of the 6th P.M., Morgan County,

Colorado, approximately 1338 feet from the West line and 2477 feet from the South line of said section.

2.2.3.2. Date of Appropriation. March 28, 2003. 2.2.3.3. Amount Claimed. 2000 g.p.m., conditional. 2.2.4.

D&S Augmentation Well No. 4-59329-F (Odle No. 2) 2.2.4.1. In the SW1/4 NW1/4, Section 19, Township

4 North, Range 56 West of the 6th P.M., Morgan County, Colorado, approximately 1488 feet south and 187

feet east from the northwest corner of said section. 2.2.4.2. Date of Appropriation. March 28, 2003. 2.2.4.3.

Amount Claimed. 1500 g.p.m., conditional. 2.2.5. D&S Augmentation Well No. 5-59330-F

(Wasson/Weimer) 2.2.5.1. In the SE1/4 NW1/4, Section 26, Township 4 North, Range 57 West of the 6th

P.M., Morgan County, Colorado, approximately 2416 feet south and 1335 feet east from the northwest

corner of said section. 2.2.5.2. Date of Appropriation. March 28, 2003. 2.2.5.3. Amount Claimed. 1500

g.p.m., conditional. 2.2.6. D&S Augmentation Well No. 6-59331-F (L. Kembel) 2.2.6.1. In the SW1/4

NE1/4, Section 26, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado,

approximately 1622 feet south and 2608 feet west from the northeast corner of said section. 2.2.6.2. Date

of Appropriation. March 28, 2003. 2.2.6.3. Amount Claimed. 1500 g.p.m., conditional. 2.2.7. D&S

Augmentation Well No. 7-60538-F (Cushman) 2.2.7.1. In the SE1/4 SE1/4, Section 24, Township 4 North,

Range 57 West of the 6th P.M., Morgan County, Colorado. 2.2.7.2. Date of Appropriation: March 28, 2003.

2.2.7.3. Amount Claimed: 1500 g.p.m., conditional. 2.2.8. D&S Augmentation Well No. 8-60537-F

(Wacker) 2.2.8.1. In the W1/2 NW1/4, Section 26, Township 4 North, Range 57 West of the 6th P.M.,

Morgan County, Colorado. 2.2.8.2. Date of Appropriation: March 28, 2003. 2.2.8.3. Amount Claimed: 1500

g.p.m., conditional. 2.2.9. D&S Augmentation Well No. 9-60539-F (Sunnyside Ranch) 2.2.9.1. In the

NW1/4 NW1/4 of Section 25, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado.

2.2.9.2. Date of Appropriation: March 28, 2003. 2.2.9.3. Amount Claimed: 2000 g.p.m., conditional. 3.

Outline of Work Toward Completion of the Appropriation During the Diligence Period. Applicant diverted

water under the subject Deuel and Snyder Recharge Project at a rate equal to or exceeding 68 c.f.s. and

delivered the water for recharge purposes to facilitate its beneficial use under its plan for augmentation.

The Applicant successfully prosecuted an application to add an additional 16 c.f.s. to the Deuel and Snyder

Recharge Project and for an exchange right to facilitate use of the recharge accretions in Case No.

07CW222. Applicant has also worked to negotiate agreements for use of additional augmentation supplies.

Additional remarks: The Deuel and Snyder Recharge Project consists of the Deuel and Snyder Ditch which

is a structure that existed at the time of the original decree. The Augmentation Wells were also existing

structures at the time of the decree. Completion of the appropriation for the recharge right is primarily a

function of water availability. The Augmentation Wells are only intended to be used on as-needed basis to

insure replacement of out of priority depletions that cannot be replaced by the Applicant’s other

augmentation supplies. During the diligence period, the Augmentation wells were not needed by the

Applicant. 4. Claim for Finding of Reasonable Diligence. Applicant seeks to make the Deuel and Snyder

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Recharge Project absolute for an additional 15.6 c.f.s and a finding that it has been reasonably diligent in

the development of the water rights for the augmentation wells and to maintain the conditional rights for

its augmentation wells for an additional six years. The original format of this application is six pages in

length.

20CW3099 (Former Case Nos. 88CW269, 96CW172, 03CW342, 13CW3044) City of Westminster,

4800 West 92nd Avenue, Westminster, Colorado 80031, (303) 658-2400. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE IN ADAMS AND JEFFERSON COUNTIES. Please

send all correspondence and pleadings to: Lee H. Johnson, Mason H. Brown, and Katrina B. Fiscella,

Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203. 2. Name of

Structures: (1) Ralston Creek Exchange; and (2) West Gravel Lakes to Manhart Ditch Exchange. 3.

Description of conditional water rights: The conditional water rights at issue here are two conditional

appropriative rights of exchange confirmed and adjudicated in Case No. 88CW269, Water Division No. 1.

A finding of reasonable diligence was entered by the Water Court, Water Division No. 1, on August 25,

1997 in Case No. 96CW172, on May 25, 2007 in Case No. 03CW342 and on July 30, 2014 in Case No.

13CW3044. The subject exchanges are closely related to certain change of use and exchanges decreed in

Case No. 88CW268, Water Division No. 1, (the “Cosmic Decree”), and together make up a component of

the City of Westminster’s (“Westminster”) integrated water system on Clear Creek. I. Ralston Creek

Exchange. A. Date of Original Decree: Case No. 88CW269, Water Court, Division 1, State of Colorado,

decreed on July 20, 1990. B. Legal Description: The location of the exchange structures, as set forth in the

decree in Case No. 88CW269, are as follows: (1) Jim Baker Reservoir (formerly known as the Happe

Ponds): Located in the S1/2 of the NW1/4 of Section 7 and the N1/2 of the SE1/4 of Section 7, Township

3 South, Range 68 West of the 6th P.M., Adams County, Colorado. In addition, Westminster provides the

following coordinates to further identify the approximate location of the Jim Baker Reservoir outlet works

utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American

Datum of 1983 (NAD83), Zone 13 North: (496995 E, 4406098 N). (2) The Kershaw Ditch: A point of

diversion located on the North bank of Clear Creek in the NE1/4 of the NW1/4 of Section 18, Township 3

South, Range 68 West of the 6th P.M., Adams County, Colorado. In addition, Westminster provides the

following coordinates to further identify the relevant location utilizing the Universal Transverse Mercator

(UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North:

(496254 E, 4405228 N). (3) The Manhart Ditch: A point of diversion located on the North bank of Ralston

Creek in the SW1/4 of Section 12, Township 3 South, Range 69 West of the 6th P.M., Jefferson County,

Colorado. In addition, Westminster provides the following coordinates to further identify the relevant

location utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North

American Datum of 1983 (NAD83), Zone 13 North: (494178 E, 4405876 N). C. Source: Clear Creek and

Ralston Creek. Pursuant to the Decree in Case No. 88CW269, and subsequent findings of reasonable

diligence in Case No. 96CW172 and Case No. 03CW342, Clear Creek water available for storage in Jim

Baker Reservoir (f.k.a. the Happe Ponds) pursuant to the Decree in Case No. 88CW268 that ordinarily

would be diverted at the Kershaw Ditch headgate on Clear Creek, will be left in Clear Creek and an equal

amount of water will be diverted by exchange at the headgate of the Manhart Ditch on Ralston Creek for

storage in Jim Baker Reservoir. This exchange allows the use of gravity to fill Jim Baker Reservoir via the

Manhart Ditch, rather than pumping to fill Jim Baker Reservoir via the Kershaw Ditch. D. Appropriation

Date: June 10, 1988. E. Amount: 768 acre-feet maximum per year (less transit loss), at a daily average rate

of flow of 25 c.f.s., subject to the maximum rate of flow for all alternate points of storage in paragraph 12.5

of the decree in Case No. 88CW268. II. West Gravel Lakes to Manhart Ditch Exchange. A. Date of Original

Decree: Case No. 88CW269, Water Division No. 1, decreed on July 20, 1990. B. Legal Description: The

location of the exchange structures, as set forth in the decree in Case No. 88CW269, are as follows: (1) The

West Gravel Lakes: Located just West of the South Platte River approximately 1/2 mile East of the

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intersection of East 80th Avenue and North York Street in Sections 25 and 36, Township 2 South, Range

68 West of the 6th P.M., Adams County, Colorado. In addition, Westminster provides the following

coordinates to further identify the approximate location of the West Gravel Lakes outlet works utilizing the

Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983

(NAD83), Zone 13 North: (505031 E, 4411328 N). (2) The Manhart Ditch: A point of diversion located on

the North bank of Ralston Creek in the SW1/4 of Section 12, Township 3 South, Range 69 West of the 6th

P.M., Jefferson County, Colorado. (3) Jim Baker Reservoir (formerly known as the Happe Ponds): Located

in the S1/2 of the NW1/4 of Section 7 and the N1/2 of the SE1/4 of Section 7, Township 3 South, Range

68 West of the 6th P.M., Adams County, Colorado. (4) The Lower Clear Creek Ditch: A point of diversion

located on the North bank of Clear Creek at a point 1400 feet West and 1200 feet North of the Southeast

corner of Section 4, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. In

addition, Westminster provides the following coordinates to further identify the relevant location utilizing

the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of

1983 (NAD83), Zone 13 North: (499883 E, 4407356 N). C. Source: Water stored for Westminster in the

West Gravel Lakes under the exercise of the Standley Lake alternate place of storage right, pursuant to the

decree in Case No. 88CW268, will be released to the South Platte River or the Lower Clear Creek Ditch

and an equivalent amount of water will be diverted at the Manhart Ditch point of diversion on Ralston

Creek for storage in Jim Baker Reservoir (formerly known as the Happe Ponds), said storage and

subsequent use to be pursuant to the terms of the decree in Case No. 88CW268. The points of substitution

or exchange will be as follows: (1) The South Platte River at the point of discharge from West Gravel Lakes

located in the W1/2 of the NW1/4 of Section 30, Township 2 South, Range 67 West of the 6th P.M., Adams

County, Colorado; (2) The Lower Clear Creek Ditch, the point of diversion of which is on the North bank

of Clear Creek at a point 1400 feet West and 1200 feet North of the Southeast corner of Section 4, Township

3 South, Range 68 West of the 6th P.M., Adams County, Colorado, through either of two methods: (a)

Subject to the provisions of the decree of this Court in 81CW448, water in the West Gravel Lakes owned

by Westminster may be removed from Westminster’s account and placed in Thornton’s account in place of

Clear Creek water which would otherwise be diverted for Thornton’s shares in the Lower Clear Creek

Ditch; or (b) Water from West Gravel Lakes may be pumped into the Lower Clear Creek Ditch, at a point

located in the N1/2 of Section 25, Township 2 South, Range 68 West of the 6th P.M., Adams County,

Colorado, in place of Clear Creek water which would otherwise be diverted for Lower Clear Creek Ditch

Company shareholders other than Thornton. D. Appropriation Date: June 10, 1988. E. Amount: 945 acre-

feet maximum per year (less transit loss), at a maximum rate of flow of 99.5 c.f.s. (50 c.f.s. to the South

Platte River and 49.5 c.f.s. to Lower Clear Creek Ditch). 4. Detailed outline of what has been done toward

completion of the appropriation and application to a beneficial use. A. By decree entered in Case No.

13CW3044 on July 30, 2014, 293.63 acre feet of the Ralston Creek Exchange conditionally decreed in Case

No. 88CW269 was deemed absolute. The Court entered findings of reasonable diligence as to the remaining

474.37 acre feet of the Ralston Creek Exchange and 945 acre feet of the West Gravel Lakes Exchange.

During the current diligence period Westminster operated the Ralston Creek Exchange and diverted water

by exchange at the Manhart Ditch headgate. This diverted water constituted “Cosmic” water under the

decree in Case No. 88CW268 (“Cosmic Water”) and was delivered into storage in Jim Baker Reservoir

(f.k.a. Happe Ponds) via the Manhart Ditch pursuant to the Ralston Creek Exchange. Although Westminster

operated the exchange and diverted and applied water to beneficial use, the volume of water diverted in any

one season during the current diligence period did not exceed the amount previously made absolute in Case

No. 13CW3044. As a result, Westminster only seeks findings of diligence in this application. B. During

prior diligence periods, Westminster constructed Jim Baker Reservoir (f.k.a. Happe Ponds). Construction

included completion of dredging of the lake, lining of the reservoir, and construction of appurtenant

facilities, including inlet and outlet works, spillway and wetlands. The Reservoir was completed and

dedicated in the spring of 1996. The total construction cost during the prior diligence period was

13

approximately $3,500,000. During the current diligence period, Westminster has operated and maintained

the Reservoir. Activities include, but are not limited to, monitoring lake levels, operating, maintaining and

repairing inlet and outlet works, accounting and record keeping activities, wetlands monitoring and general

reservoir maintenance activities. Operation and maintenance of the reservoir is an integral component of

both conditional exchanges. Operation and maintenance expenses have been incurred during the diligence

period, including, but not limited to City staff time, expenses and outside consultant expenses. During the

diligence period, Westminster has also paid funds in the form of ditch assessments to both the Manhart

Ditch Company and the Kershaw Ditch Company. Said funds have been used, in part, to maintain the

ditches necessary for operation of the conditional exchanges. During the diligence period Westminster has

also made repairs and improvements to the Manhart Ditch flume and measurement devices. Costs were

incurred during the diligence period. C. During prior diligence periods, the City of Thornton completed the

construction of the West Gravel Lakes. Westminster is the owner of a storage account at the West Gravel

Lakes, that is used, in part, for storage of water pursuant to the decree in Case No. 88CW268. Although

during the current diligence period no Cosmic Water stored in the West Gravel Lakes pursuant to the decree

in Case No. 88CW268 was exchanged to Jim Baker Reservoir pursuant to the conditional West Gravel

Lakes to Manhart Ditch Exchange decreed in Case No. 88CW269, Cosmic Water was stored in

Westminster’s West Gravel Lakes storage account and exchanged further up Clear Creek for storage in

Standley Lake pursuant to other decreed exchanges or otherwise beneficially used. Westminster has

incurred expenses during the diligence period associated with its storage account at the West Gravel Lakes,

including but not limited to expenses associated with the operation and maintenance of its storage account

and the Lower Clear Creek/Colorado Agricultural ditches as well as pumping costs associated with the

operation of the storage account. D. During the diligence period, Westminster has participated in various

Division No. 1 Water Court cases in an effort, in part, to protect and maintain exchange potential on Clear

Creek and Ralston Creek. Related expenses were incurred during the diligence period. E. During the

diligence period, Westminster has continued the development of its Clear Creek Water Supply System.

Activities have included, among other things: acquisition of additional interests in water on Clear Creek

and its tributaries and the South Platte River; prosecuting Water Court applications to incorporate said

interests into the City’s Water Supply System; exercising conditional exchanges and making portions

absolute or obtaining diligence decrees on the remaining conditional portions; completing the first phase of

delivery of an additional storage vessel; ongoing operation of an aeration system related to Jim Baker

Reservoir; and, participation in numerous Water Court cases for purposes of protecting, maintaining and

developing Westminster’s Water Supply System. Expenses associated with these activities were incurred

during the diligence period. 5. Water applied to beneficial use: N.A. Although Westminster operated the

Ralston Creek Exchange during the diligence period, it was not operated in amounts greater than the

absolute portions of said exchange. 6. Name(s) and address(es) of owner(s) or reputed owners of the

land upon which any new diversion or storage structure, or modification to any existing diversion or

storage structure is or will be constructed or upon which water is or will be stored, including any

modification to the existing storage pool: N.A. The structures involved in the conditional exchange are

all existing, not new, diversion structures. There was, and is, no need to modify said diversion structures in

order to accomplish the conditional exchanges. On information and belief, there are no current plans to

modify the existing diversion structures at this time. As a result, additional notice requirements by certified

or register mail, as set forth in § 37-92-302(2)(b), C.R.S., do not apply in this instance. WHEREFORE,

Westminster requests the Court to enter its decree and ruling as follows: A. To enter a finding of reasonable

diligence with respect to the entirety of the remaining conditional portion of the Ralston Creek Exchange

and providing that a subsequent showing of diligence for the remaining conditional water right be made six

years from the date of entry of a decree of diligence. B. To enter a finding of reasonable diligence with

respect to the entire 945 acre feet of the West Gravel Lakes to Manhart Ditch Exchange originally decreed

conditional in Case No. 88CW269 and providing that a subsequent showing of diligence for the remaining

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conditional water right be made six years from the date of entry of a decree of diligence. C. To enter a

finding confirming that the retained jurisdiction period set forth in Case No. 88CW269 has expired by its

own terms.

20CW3100 (Former Case Nos. 13CW3058, 05CW55, 97CW240, 87CW335) City of Westminster,

4800 West 92nd Avenue, Westminster, Colorado 80031, (303) 658-2400. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Please send all

correspondence and pleadings to: Lee H. Johnson, Mason H. Brown, and Katrina B. Fiscella, Carlson,

Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203. 2. Names of Structures:

Farmers’ High Line Canal and Standley Lake. In accordance with the decree issued in Case No. 13CW3058,

Signal Reservoir Nos. 1 and 2 are no longer a decreed place of storage for the remaining conditional portion

of the Westminster Water Works Storage Water Right. A general map of Westminster’s Water Supply

system, including the approximate locations of the relevant structures, is attached as Exhibit A. 3.

Description of conditional water rights: A. Westminster Water Works Direct Flow Water Right. i. Date

of Original Decree: August 26, 1991, Case No. 87CW335, Water Court, Division No. 1, State of Colorado.

Subsequent findings of diligence and making portions of the conditional rights absolute entered on March

23, 1999, in Case No. 97CW240; on June 12, 2007 in Case No. 05CW55; and, on July 3, 2014, in Case No.

13CW3058. ii. Location: The Westminster Water Works Direct Flow Water Right diverts from the

following locations as set forth in the decree in Case No. 87CW335: a. On the north bank of Clear Creek

in the SW1/4 of Section 27, Township 3 South, Range 70 West a short distance below the Fort Street Bridge

across Clear Creek in the City of Golden, Jefferson County, Colorado (decreed as in the Clear Creek point

of diversion for the Farmers’ High Line Canal in Case No. 60052, District Court for the City and County

of Denver, Division II, May 13, 1936). In addition, Westminster provides the following coordinates to

further identify the relevant location utilizing the Universal Transverse Mercator (UTM) grid system

projection based on the North American Datum of 1983 (NAD83), Zone 13 North: (481286 E, 4400999

N). b. At a point where the Farmers’ High Line Canal crosses Van Bibber Creek in the SW1/4 of Section

12, Township 3 South, Range 70 West, Jefferson County, Colorado, which point is approximately 800 feet

north of the south line and 400 feet west of the east line of said SW1/4. In addition, Westminster provides

the following coordinates to further identify the relevant approximate location utilizing the Universal

Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83),

Zone 13 North: (484922 E, 4405598 N). c. On the north bank of Ralston Creek at a point approximately

175 feet west of the point where the Farmers’ High Line Canal crosses Ralston Creek and near the center

of the NW1/4 of Section 1, Township 3 South, Range 70 West, Jefferson County, Colorado (decreed as the

Ralston Creek point of diversion for the Farmers’ High Line Canal in Case No. 60052, District Court for

the City and County of Denver, Division II, May 13, 1936). In addition, Westminster provides the following

coordinates to further identify the relevant approximate location utilizing the Universal Transverse

Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13

North: (484651 E, 4407857 N). iii. Source: Clear Creek, Ralston Creek, and Van Bibber Creek, all tributary

to the South Platte River. iv. Appropriation Date: June 16, 1987. v. Amount: 139.5 c.f.s. In Case No.

97CW240, the court ruled that 46.0 c.f.s. of the original 139.5 c.f.s. conditional appropriation had been

diverted, applied to beneficial use, and was therefore absolute. In Case No. 13CW3058, the court ruled that

an additional 12.25 c.f.s. of the original conditional appropriation had been diverted, applied to beneficial

use and was therefore absolute. The conditional decree for the remaining 81.25 c.f.s. of the original

appropriation was maintained in full force and effect. vi. Use: Pursuant to the decree in Case No. 87CW335,

water will be used for all beneficial uses of the municipal water system of Westminster, including, but not

limited to, domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation,

replacement and exchange purposes. B. Westminster Water Works Storage Water Right. i. Date of Original

Decree: August 26, 1991, Case No. 87CW335, Water Court, Division No.1, State of Colorado. Subsequent

15

diligence and absolute decrees are listed in paragraph 3.A.i., above. ii. Location: The Westminster Water

Works Storage Water Right diverts from the locations identified above in paragraphs 3.A.ii.a, 3.A.ii.b., and

3.A.ii.c. Water is stored at the following locations. a. Standley Lake, located in Sections 16, 17, 20, 21, 22,

28, and 29, Township 2 South, Range 69 West. b. Signal Reservoir Nos. 1 and 2, located in Section 4,

Township 1 South, Range 67 West. iii. Source: Clear Creek, Ralston Creek, and Van Bibber Creek, all

tributary to the South Platte River. iv. Appropriation Date: June 16, 1987. v. Amount: 10,000 acre feet, with

maximum cumulative rate of flow to storage is 350 c.f.s. In Case No. 97CW240, the court ruled that 527

acre-feet of the original 10,000 acre-foot conditional appropriation had been diverted, applied to beneficial

use, and was therefore absolute. The conditional decree for the remaining 9,473 acre-feet of the original

appropriation was maintained in full force and effect. In Case No. 05CW55, the court ruled that an

additional 3,110 acre feet of the remaining 9,473 acre-feet conditional appropriation had been diverted,

applied to beneficial use, and was therefore absolute. In Case No. 13CW3058, the court ruled that the

conditional decree for the remaining 6,363 acre-feet was maintained in full force and effect. vi. Use:

Pursuant to the decree in Case No. 87CW335, water will be used for all beneficial uses of the municipal

water system of Westminster, including, but not limited to, domestic, irrigation, commercial, industrial,

recreation, fish and wildlife, augmentation, replacement and exchange purposes. 4. Detailed outline of

what has been done toward completion of the appropriation and application to a beneficial use: A.

The water rights decreed in Case No. 87CW335 are part of Westminster’s Clear Creek Water Supply

System, an integrated system under § 37-92-301(4)(b), C.R.S. During the diligence period, Westminster

has continued the development of its Clear Creek Water Supply System. Activities have included, among

other things: acquisition of additional interests in water on Clear Creek and its tributaries and the South

Platte River; prosecuting Water Court applications to incorporate said interests into the City’s Water Supply

System; exercising conditional water rights and making portions absolute or obtaining diligence decrees on

the remaining conditional portions; completing negotiations on an amended contract for the construction of

an additional storage vessel; participating in project to rehabilitate the Farmers’ High Line Canal headgate

on Clear Creek; participating in Lower Clear Creek/Colorado Agricultural Ditch bifurcation structure

project; and, participating in numerous Water Court cases for purposes of protecting, maintaining and

developing Westminster’s Water Supply System. Expenses associated with these activities have been

incurred during the diligence period. In addition, in connection with the operation of the Clear Creek Water

Supply System and during the diligence period, Westminster has diverted portions of the water rights

originally decreed in Case No. 87CW335, and maintained in Case No. 97CW240, Case No. 05CW55 and

Case No. 13CW3058, for use in Westminster’s Clear Creek Water Supply System. B. During the diligence

period, Westminster continued to operate under the carriage agreement with the Farmers’ High Line Canal

and Reservoir Company for the use of excess capacity in the Farmers’ High Line Canal. This agreement

allows Westminster to carry additional water through the Farmers’ High Line Canal, including water carried

in the Farmers’ High Line Canal in accordance with the decree entered in Case No. 87CW335. Westminster

is contractually obligated to pay an annual fee for use of the Farmers’ High Line Canal. Westminster has

continually made these payments during the diligence period. C. During the diligence period, Westminster

has paid substantial amounts in annual assessments to the Farmers’ High Line Canal. Said assessments have

been used in part to fund annual operations and maintenance activities associated with the Farmers’ High

Line Canal. The conditional water rights that are the subject of this Application directly involve the

Farmers’ High Line Canal. D. During the prior diligence period, the Farmers’ High Line Canal and

Reservoir Company designed and constructed improvements to the Clear Creek headgate. This project was

completed in 2013 and significant costs, (including Westminster’s pro-rata share of the same), were

incurred during the diligence period. The conditional water rights that are the subject of this Application

directly involve the Farmers’ High Line Canal. E. During the diligence period, Westminster has participated

in various Division No. 1 Water Court cases in an effort, in part, to protect and maintain the historical use

patterns on Clear Creek. Said expenses have been incurred during the diligence period. F. During the

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diligence period, in 2014, 2015, 2016, 2017 and 2019, Westminster diverted water through the Farmers’

High Line Canal in accordance with the water rights decreed in Case No. 87CW335. This water was put to

beneficial use consistent with C.R.S. § 37-92-103(4) during the diligence period. G. During the diligence

period, Westminster diverted water in the Farmers’ High Line Canal under Westminster Water Works

Direct Flow Water Right and diverted and stored water in Standley Lake under the Westminster Water

Works Storage Water Right decreed in Case No. 87CW335. This water was subsequently put to beneficial

use consistent with C.R.S. § 37-92-103(4) during the diligence period. The amounts diverted and stored

during the current diligence period, however, did not exceed the amounts previously adjudicated as

absolute. As such, Westminster seeks a finding of reasonable diligence in this matter. 5. Claim to make

additional water absolute: N/A. 6. Name(s) and address(es) of owner(s) or reputed owners of the land

upon which any new diversion or storage structure, or modification to any existing diversion or

storage structure is or will be constructed or upon which water is or will be stored, including any

modification to the existing storage pool: Standley Lake and the Farmers’ High Line Canal are existing

structures. On information and belief, new or modified diversion structures from Van Bibber and Ralston

Creek may be located on lands owned by: Farmers’ High Line Canal and Reservoir Company, 725 Malley

Drive, Northglenn, Colorado 80233; Jefferson County, 100 Jefferson County Parkway, Golden, Colorado

80419; City of Arvada, 8101 Ralston Road, Arvada, Colorado 80002. Additional notice by certified or

register mail, as set forth in § 37-92-302(2)(b), C.R.S., will be provided to these entities. The remaining

structures involved with the conditional water right are all existing, not new, diversion or storage structures.

There was, and is, no need to modify said structures in order to accomplish diversion and beneficial use of

the remaining conditional water right. WHEREFORE, Westminster requests the Court to enter its decree

and ruling as follows: A. To make a finding of reasonable diligence with respect to the remaining

conditional amount decreed in Case No. 87CW335 to the Westminster Water Works Direct Flow Water

Right, and providing that a subsequent showing of diligence be made six years from the date of entry of a

decree of diligence in this matter. B. To make a finding of reasonable diligence with respect to the remaining

conditional amount decreed in Case No. 87CW335 to the Westminster Water Works Storage Water Right,

and providing that a subsequent showing of diligence be made six years from the date of entry of a decree

of diligence in this matter.

20CW3101 (08CW293, 83CW300). Glenmoor Country Club, c/o Ryan Norris, General Manager,

110 Glenmoor Drive, Cherry Hills Village, CO 80110. Copies of pleadings to: David S. Hayes, Petros

& White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, 303.825.1980. APPLICATION

FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER

RIGHTS ABSOLUTE IN ARAPAHOE COUNTY, COLORADO 2. Name of structures: A.

Glenmoor North Pond. B. Glenmoor West Pond. C. Glenmoor East Pond. (Collectively, the “Glenmoor

Ponds”). 3. Description of conditional water rights: A. Prior decrees: i. The original decree for the

Glenmoor Ponds was entered on October 3, 1988, in Case No. 83CW300, District Court, Water Division

1. ii. On May 3, 1995, in Case No. 94CW196, District Court, Water Division 1, a decree was entered

making the Glenmoor Ponds partially absolute and continuing the remaining conditional water rights. iii.

On December 9, 2002, in Case No. 01CW74, District Court, Water Division 1, a decree was entered making

an additional 9.27 acre-feet of the Glenmoor Ponds’ conditional water rights absolute for irrigation and fish

culture purposes and continuing the remaining conditional water rights. iv. On July 14, 2014, in Case No.

08CW293, District Court, Water Division No. 1, a decree was entered making an additional 3.87 acre-feet

absolute and continuing the remaining conditional water rights. B. Location: i. The decreed location of

all three ponds is in the SE1/4, Section 12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County,

Colorado, a/k/a 110 Glenmoor Drive, Cherry Hills Village, Colorado, with spillway locations originally

decreed as follows: (1) Glenmoor North Pond spillway at point approximately 20 feet South and 1350 feet

West of E1/4 corner of Section 12.(2) Glenmoor West Pond spillway at a point approximately 460 feet

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North and 470 feet West of SE corner of Section 12. (3) Glenmoor East Pond spillway at a point

approximately 270 feet North and 300 feet West of SE corner of Section 12. ii. As confirmed by the decree

entered in Case No. 08CW293, the actual, as-built spillway locations of the Glenmoor Ponds are as follows,

and are shown on Exhibit A, attached to the application and is available for inspection at the office of the

Division 1 Water Court or via Colorado Courts E-filing: (1) Glenmoor North Pond spillway is located at a

point approximately 660 feet North and 1710 feet West of the E 1/4 Corner of Section 12, Township 5

South, Range 68 West, 6th P.M., Arapahoe County, Colorado. (2) Glenmoor West Pond spillway is located

at a point approximately 90 feet South and 1630 feet West of the E 1/4 Corner of Section 12, Township 5

South, Range 68 West, 6th P.M., Arapahoe County, Colorado. (3) Glenmoor East Pond spillway is located

at a point approximately 680 feet North and 1000 feet West of the SE corner of Section 12, Township 5

South, Range 68 West, 6th P.M., Arapahoe County, Colorado. C. Source: Greenwood Gulch, tributary to

Little Dry Creek, tributary to the South Platte River, and natural runoff. D. Appropriation date: July 1,

1983 for all three ponds. E. Amount: i. Glenmoor North Pond: 8.60 acre feet, absolute, and 11.40 acre-

feet, conditional, for irrigation and fish culture; 20 acre-feet, conditional, for substitution, replacement,

plans of augmentation and exchange of water; and 20 acre-feet refill, conditional, for all uses. ii. Glenmoor

West Pond: 7.24 acre feet, absolute, and 2.76 acre-feet, conditional, for irrigation and fish culture; 10 acre-

feet, conditional, for substitution, replacement, plans of augmentation and exchange of water; and 10 acre-

feet refill, conditional, for all uses. iii. Glenmoor East Pond: 7.70 acre feet, absolute, and 12.30 acre-feet,

conditional, for irrigation and fish culture; 20 acre-feet, conditional, for substitution, replacement, plans of

augmentation and exchange of water; and 20 acre-feet refill, conditional, for all uses. F. Uses: Irrigation

on 180 acres, fish culture, substitution, replacement, plans of augmentation and exchange of water. All

uses to be for operation of a golf course and associated facilities. G. Other: The water rights for the

Glenmoor Ponds are part of an integrated system of water rights which includes, without limitation, each

of the Ponds and the absolute and conditional water rights for the Glenmoor Ditch for use on the Glenmoor

Golf Course. 4. Evidence of Reasonable Diligence: During the applicable diligence period (July 2014

to present), Glenmoor has taken steps to diligently develop the remaining conditional portion of the

Glenmoor Ponds, including, without limitation, the activities listed in the application, available for

inspection at the office of the Division 1 Water Court or via Colorado Courts E- filing. The list is not

intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter.

5. Claim to make fully absolute: Pursuant to CRS §37-92-301(4)(e), a decreed conditional water storage

right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that

has been captured, possessed and controlled at the decreed storage structure. In May 2016 Applicant stored

20 acre-feet in the Glenmoor North Pond, 20 acre-feet in the Glenmoor East Pond, and 10 acre-feet in the

Glenmoor West Pond, as shown on the diversion records attached to the application as Exhibits B, C & D,

and are available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-filing,

and requests that the full amount of the Glenmoor Ponds be made absolute for all decreed purposes. 6.

Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or

storage structure, or modification to any existing diversion or storage structure is or will be

constructed or upon which water is or will be stored, including any modification to the existing

storage pool: A. The land upon which the North Pond is located is owned by the Applicant, Rhea J. Miller

Trust(4545 S. Monroe Lane, Englewood, CO 80113-6103), and the Star Tree Trust (5251 DTC Pky. #995,

Englewood, CO 80111-2738). B. The land upon which the West and/or East Ponds are located is owned

by the Applicant, Richard Coleman (43 Glenmoor Dr., Englewood, CO 80113-7116), Heidi K. Archer (71

Glenmoor Dr., Englewood, CO 80113-7116), David & Charlyn Campbell (39 Glenmoor Dr., Englewood,

CO 80113-7116), Jeffrey and Ann Sobil (40 Glenmoor Dr., Englewood, CO 80113-7116), Wesley & Karen

Allen (38 Glenmoor Dr., Englewood, CO 80113-7116), and Alexandra N. and Matthew J. McDermott (37

Glenmoor Dr., Englewood, CO 80113-7116). WHEREFORE, the Applicant respectfully requests that this

Court enter a decree: A. Making the conditional storage rights decreed to the Glenmoor Ponds fully

18

absolute for all decreed purposes; B. Finding that the Applicant has been reasonably diligent in completing

the appropriation of the remaining portion of the conditional water rights for the Glenmoor Ponds; C.

Continuing in full force and effect remaining conditional portions, if any, of the first fill rights and all of

the refill rights for the Glenmoor Ponds, and; D. Granting such other relief as the Court deems just and

proper.

20CW3102 (10CW170, 95CW198(B), 95CW198(A)). Glenmoor Country Club, c/o Ryan Norris,

General Manager, 110 Glenmoor Drive, Cherry Hills Village, CO 80110. Copies of pleadings to:

David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202,

303.825.1980. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ARAPAHOE

COUNTY, COLORADO. 2..Name and description of conditional appropriative rights of substitution

and exchange: A. Prior decrees: i. “A” Decree: On July 28, 1997, the District Court, Water Division

No. 1, entered a Judgment and Decree in Case No. 95CW198(A), granting Glenmoor conditional

appropriative rights of substitution and exchange (collectively referred to herein as the “Greenwood Gulch

Exchanges”). Subsequently, on June 21, 2004, in Case No. 03CW285, District Court, Water Division No.

1, a decree was entered making a portion of the Greenwood Gulch Exchanges absolute and continuing the

remaining conditional portion of the Greenwood Gulch Exchanges. ii. “B” Decree: On December 16,

2005, the District Court, Water Division No. 1, entered a Judgment and Decree in Case No. 95CW198(B),

approving an additional source of replacement for the Greenwood Gulch Exchanges. iii. 10CW170 Decree:

The decree entered on July 17, 2014, in Case No. 10CW170, District Court, Water Division No. 1, made

an additional portion of the conditional Greenwood Gulch Exchanges absolute, continued the remaining

conditional portion of the Exchanges, and consolidated the previously separate diligence timelines under

the “A” and “B” Decrees. B. Date of appropriation: September 19, 1994. C. Amount: 10 c.f.s., not to

exceed 60 acre-feet per month and 150 acre-feet during any calendar year. Of the foregoing amount, 5.4

c.f.s. has previously been made absolute, and 4.6 c.f.s. remains conditional. D. Use: Water diverted by

substitution and exchange is used on the approximately 120 acres which comprises the Glenmoor Golf

Course and Country Club, located in the East half of Section 12, T.5S., R.68W., 6th P.M., Arapahoe County,

Colorado, for the uses permitted by the Decree(s) in Case No. 95CW198(A) & (B). E. Other: The

conditional appropriative rights of substitution and exchange decreed in Case Nos. 95CW198(A) & (B) are

part of an integrated system of water rights which includes the Greenwood Gulch Pumping Plant, the

Glenmoor Ditch and the Glenmoor Ponds, for use on the Glenmoor Golf Course and Country Club. 3.

Description of points of diversion and places of storage of water diverted by substitution and

exchange: A. Greenwood Gulch Pumping Plant: Decreed in Case No. 91CW110, Water Division No. 1,

for the diversion of water from Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte

River, under its own priority with an appropriation dated December 20, 1991 for 5.0 c.f.s., conditional, and

pursuant to the water right for the Glenmoor Ditch. Subsequent decrees in Case Nos. 01CW116, 08CW295,

and 15CW3038 continued the right. The decreed location of the Greenwood Gulch Pumping Plant is at a

point in Section 12, T.5S., R.68W., 6th P.M., Arapahoe County, approximately 1,250 feet West of the East

section line and 2,500 North of the South section line of said Section 12. B. Glenmoor Ditch: Decreed in

Case No. 83CW299, Water Division No. 1, on October 3, 1988, with an appropriation date of July 1, 1983,

in the amount of 2.2 c.f.s. (1,000 g.p.m.), conditional, from Greenwood Gulch. Subsequent decrees in Case

Nos. 94CW195, 01CW75, 08CW294 and 15CW3038 made portions of the appropriation absolute and

continued the remaining conditional amounts. The Greenwood Gulch Pumping Plant was decreed as an

alternate point of diversion for the Glenmoor Ditch in Case No. 91CW110. The decreed location of the

Glenmoor Ditch is at a point in the SE1/4 SE1/4 of Section 12, T.5S., R.68W., 6th P.M., Arapahoe County,

at a point which bears North 44° 48' 13" West a distance of 165 feet from the SE corner of Section 12 a/k/a

110 Glenmoor Drive, Cherry Hills Village. C. Glenmoor North Pond, Glenmoor West Pond, and Glenmoor

East Pond (collectively, the “Glenmoor Ponds”): Originally decreed in Case No. 83CW300, Water Division

19

No. 1, for a total of 50-acre feet of storage with a right to refill, conditional, with an appropriation date of

July 1, 1983. Subsequent decrees in Case Nos. 94CW196, 01CW74, and 08CW293 made portions of the

conditional right(s) absolute and continued the remaining rights in full force and effect. The decreed

locations of the Glenmoor Ponds are as follows: All three ponds are in the SE1/4, S.12, T.5S., R. 68W.,

6th P.M., Arapahoe County, a/k/a 110 Glenmoor Drive, Cherry Hills Village, more specifically: i.

Glenmoor North Pond spillway at a point approximately 20 feet South and 1350 feet West of E1/4 Corner

of S.12. ii. Glenmoor West Pond spillway at a point approximately 460 feet North and 470 feet West of

SE corner of S.12. iii. Glenmoor East Pond spillway at a point approximately 270 feet North and 300 feet

West of SE corner of S.12. The source of the Glenmoor Ponds is Greenwood Gulch, tributary to Little Dry

Creek, tributary to the South Platte River. The actual, as-built spillway locations of the Glenmoor Ponds

are described as follows and shown on the map attached to the applicaiton as Exhibit A, and is available

for inspection at the Division 1 Water Court or via Colorado Courts E-filing: i. Glenmoor North Pond

spillway is located at a point approximately 660 feet North and 1710 feet West of the E1/4 Corner of Section

12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County, Colorado. ii. Glenmoor West Pond

spillway is located at a point approximately 90 feet South and 1630 feet West of the E1/4 Corner of Section

12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County, Colorado. iii. Glenmoor East Pond

spillway is located at a point approximately 680 feet North and 1000 feet West of the SE corner of Section

12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County, Colorado. 4.Description of sources

of substitution and exchange water: Substitution and exchange water for Glenmoor’s Greenwood Gulch

Exchanges is delivered pursuant to a Raw Water Lease Agreement dated August 22, 1995 (“Denver

Lease”), by and between Glenmoor and by the City and County of Denver, acting by and through its Board

of Water Commissioners (“Denver”). The sources of replacement water available to Glenmoor under the

Denver Lease and approved by the Decrees in Case Nos. 95CW195(A) and 95CW195(B) are as follows:

A. The decree entered in Case No. 95CW198(A) approved Glenmoor’s use of the following sources of

replacement water under the Denver Lease: i. Reusable irrigation return flows in Little Dry Creek as

measured at the confluence of Little Dry Creek and Greenwood Gulch, and in Greenwood Gulch as

measured by a gage at Glenmoor’s storage ponds, upon the quantification of such return flows by Denver

(Case No. 04CW121); and ii. Raw water delivered through the outlet of Chatfield Reservoir as measured

by the outflow gauge. B. The decree entered in Case No. 95CW198(B) approved Glenmoor’s use of the

following sources of replacement water under the Denver Lease: i. Reusable effluent from the

Metropolitan Wastewater Reclamation District outfall, located on the east bank of the South Platte River

near the confluence of the South Platte River and Sand Creek as determined by available flow from the

Denver Water Board’s Daily Operation Sheets; and ii. Reusable effluent from the Bi-Cities Wastewater

Treatment Plant outfall, located on the east bank of the South Platte River approximately 1.4 miles

downstream from the confluence of Bear Creek and the South Platte River as determined by available flow

on the Denver Water Board’s Daily Operation Sheets. Denver’s water rights from which the foregoing

sources are derived include, but are not limited to, the water rights listed on the Exhibit B, attached to the

application and available for inspection at the office of the Division 1 Water Court or via Colorado Courts

E-filing. 5. Evidence of reasonable diligence: During the applicable diligence period (July 2014 to

present), Glenmoor has taken steps to diligently develop the conditional Greenwood Gulch Exchanges,

including, without limitation, the activities listed in the application, available for inspection at the office of

the Division 1 Water Court or via Colorado Courts E- filing. The list is not intended to be all inclusive and

may be supplemented by additional evidence at any hearing in this matter. 6. Name(s) and address(es)

of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or

modification to any existing diversion or storage structure is or will be constructed or upon which

water is or will be stored, including any modification to the existing storage pool: The Greenwood

Gulch Pumping Plant, the Glenmoor Ditch and portions of the Glenmoor Ponds are located on the property

of the Applicant. Additional portions of the Glenmoor Ponds (North & West) are located on property

20

owned by the following: The land upon which the North Pond is located is owned by the Applicant, Rhea

J. Miller Trust (4545 S. Monroe Lane, Englewood, CO 80113-6103), and the Star Tree Trust (5251 DTC

Pky. #995, Englewood, CO 80111-2738). The land upon which the West and/or East Ponds are located is

owned by the Applicant, Richard Coleman (43 Glenmoor Dr., Englewood, CO 80113-7116), Heidi K.

Archer (71 Glenmoor Dr., Englewood, CO 80113-7116), David & Charlyn Campbell (39 Glenmoor Dr.,

Englewood, CO 80113-7116), Jeffrey and Ann Sobil (40 Glenmoor Dr., Englewood, CO 80113-7116),

Wesley & Karen Allen (38 Glenmoor Dr., Englewood, CO 80113-7116), and Alexandra and Matthew

McDermott (37 Glenmoor Dr., Englewood, CO 80113-7116). WHEREFORE, Glenmoor respectfully

requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect

the remaining portion of the conditional Greenwood Gulch Exchanges described herein; and granting such

further relief as the Court deems just and proper.

20CW3103 The City and County of Denver, acting by and through its Board of Water Commissioners

(“Denver Water”), Address: 1600 West 12th Avenue, Denver, Colorado 80204-3412, Phone Number:

303-628-6460, Fax Number: 303-628-6478. Attorneys for Applicant Jessica R. Brody, General Counsel,

Daniel J. Arnold, No. 35458, James M. Wittler, No. 44050, Andrew J. Hill, No. 47896. APPLICATION

FOR CHANGE OF WATER RIGHT, ALTERNATE POINTS OF DIVERSION, AND

CONDITIONAL APPROPRIATION OF RETURN FLOWS, CONCERNING THE APPLICATION

FOR WATERS RIGHTS OF THE CITY AND COUNTY OF DENVER ACTING BY AND THROUGH

ITS BOARD OF WATER COMMISSIONERS; IN THE SOUTH PLATTER RIVER OR ITS

TRIBUTARIES; IN THE CITY AND COUNTY OF DENVER, JEFFERSON, DOUGLAS,

ARAPAHOE, ADAMS, AND WELD COUNTY. Application eighteen (18) pages. 2. Decreed Water

Right that is the Subject of the Application: a. Name of Structure: Nevada Ditch. b. Original Decree: In the

Matter of the Priority of Water Rights in District No. 8 of Colorado, Case No. December 10, 1883 (Douglas

County Dist. Ct., December 10, 1883) (“December 10, 1883 Adjudication Decree”). i. Priority 4: August

30, 1861 appropriation date, 28.0 cfs. ii. Priority 19: December 30, 1865 appropriation date, 34.3 cfs. c.

Points of Diversion: i. December 10, 1883 Adjudication Decree: “…from the South Platte River with a

headgate thereof on Section 1, Township 6 South, Range 69 West…” ii. Chatfield Reservoir Outlet

Manifold: The existing point of diversion is now the Chatfield Reservoir Outlet Manifold. The center line

of the outlet manifold intersects the center line of the dam at a point whence the SW Corner of Section 1,

Township 6 South, Range 69 West of the 6th P.M., Jefferson County, bears North 49 decrees a distance of

4,070 feet. d. Source of Water: South Platte River. e. Decreed Uses: Irrigation. f. Amount of Water Rights

to be changed: 5 of the 260 outstanding Nevada Ditch shares (“Subject Water Rights”). i. Priority 4. Denver

Water’s pro-rata share is 0.538 cfs. ii. Priority 19. Denver Water’s pro-rata share is 0.660 cfs. g. Historical

Use: The Subject Water Rights were historically used to irrigate crops on the Wild Plum Farm, which

consisted of approximately 105 acres located in Sections 29 and 30 of Township 5 South, Range 68 West

of the 6th P.M. in Arapahoe County, depicted on the attached map as Exhibit A. The Subject Water Rights

were used to irrigate a mix of alfalfa, pasture grass, and oats. Denver Water only seeks to change the water

used to irrigate this farm. 3. Detailed Description of Proposed Change: a. Statement of Change: Denver

Water seeks to quantify the historical consumptive use and return flows, add alternate points of diversion

and places of storage for the Subject Water Rights, and change the place and type of use of the Subject

Water Rights so that the fully consumable portion of the Subject Water Rights can be used by Denver

Water, and its customers, for all uses decreed herein. The alternate points of diversion and places of storage

Denver Water seeks to add are described in paragraphs 3.0. and 3.0. below. The changed portion of the

Subject Water Rights will be diverted, stored, treated, and used in Denver Water’s municipal system for

delivery within Denver Water’s service area shown in Exhibit B, areas served by contract, and for lands,

replacement of depletions, delivery, and contractual obligations within Denver, Arapahoe, Douglas,

Jefferson, Adams, Broomfield, and Weld Counties as described in paragraphs 3.d.-f. below. A summary of

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diversion records for the Nevada Ditch water right is attached as Exhibit C. b. Description of Decreed

Location and Alternate Points of Diversion: i. Decreed Point of Diversion: See Paragraph 2.c., above. ii.

Alternate Points of Diversion: (1) Strontia Springs Diversion Dam and Reservoir. A dam constructed across

the channel of the South Platte River in the northwest quarter of the northwest quarter (NW1/4 NW1/4) of

Section 21, Township 7 South, Range 69 West of the 6th P.M., in Douglas and Jefferson Counties, State of

Colorado. (2) Foothills Tunnel and Conduit No. 26. The Foothills Tunnel and Conduit No. 26 diverts water

from the South Platte River by means of a dam across the channel of the South Platte River known as the

Strontia Springs Diversion Dam in the northwest quarter or the northwest quarter of Section 21, Township

7 South, Range 69 West of the 6th P.M. in Jefferson and Douglas Counties, State of Colorado. The Foothills

Tunnel consists of a 10-foot, 6-inch finished inside diameter concrete lined tunnel connecting an intake

structure located within the Strontia Springs Reservoir to a cement-mortar lined steel pipeline (Conduit No.

26), which in turn connects to the headwork structure of the Foothills Water Treatment Plant. (3) Conduit

20 Intake. The Conduit 20 Intake diverts water from the South Platte River at a point on the southwest bank

of the South Platte River in Jefferson County, from which the north quarter corner of Section 5, Township

7 South, Range 69 West of the 6th P.M., bears north 17 degrees, 20 minutes, 21 seconds west, a distance

of 3,056.9 feet. (4) Platte Canyon – Last Chance Ditch. The headgate of the Platte Canyon – Last Chance

Ditch is located on the north bank of said South Platte River in Jefferson County, whence the east quarter

corner of Section 34, Township 6 South, Range 69 West of the Sixth P.M., according to the United States

Government Survey, bears south 86 degrees 30 minutes east at a distance of approximately 2,140 feet. (5)

Chatfield Reservoir. The Reservoir formed by the Chatfield Dam, an existing structure located

approximately 8 miles southwest of the City and County of Denver, Colorado on the main stem of the South

Platte River; the right abutment of which is located in Douglas County, Colorado in Sections 6 and 7,

Township 6 South, Range 68 West, of the 6th Principal Meridian; and the left abutment of which is located

in Jefferson County, Colorado in Section 1, Township 6 South, Range 69 West of the 6th Principal

Meridian. (6) Burlington Ditch Headgate. The Burlington Ditch headgate is located on the east bank of the

South Platte River, in the NE1/4 of the SW1/4, Section 14, T3S, R68W, 6th P.M., in City and County of

Denver, Colorado, 2456.2 feet east of the west line of the southwest quarter and 2347.7 feet north of the

south line of said southwest quarter of Section 14. The Burlington Headgate is located at approximately

latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD

1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. (7) Fulton Ditch Headgate. The Fulton Ditch

headgate is located on the east bank of the South Platte River in the NE1/4 of the SE1/4, in Section 17, T2S,

R67W, 6th P.M., Adams County, Colorado, at a point approximately 2,815 feet south and 145 feet west of

the NE corner of said Section 17. (8) Lupton Lakes Complex. The Lupton Lakes Complex point of

diversion, as decreed in Case No. 2007CW322 and the subsequent diligence decree fixing the point of

diversion. Case No 2007CW322 decreed that the Proposed Point of Diversion shall be located in the

Northwest 1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of

Colorado. The final design and location of the proposed diversion facility has not been finalized to provide

distance from section lines and may change to Section 18. Denver Water may, without amending the

2007CW322 Decree, supplement the correct section (18 or 19), and distance and section lines in a decree

to be entered during the earliest diligence proceeding when this information becomes available as provided

in paragraph 38.D of the 2007CW322 Decree. c. Places of Storage. Denver Water seeks to store the Subject

Water Rights in the following facilities. The Subject Water Rights will be delivered to storage by use of

any authorized diversion points for these facilities; stream channels; diversion, conveyance structures,

component parts, and facilities of the Denver Water system; and other diversion, conveyance structures,

component parts, and facilities in which Denver Water has a contractual right or property interest. i.

Chatfield Reservoir: The Reservoir formed by the Chatfield Dam, an existing structure located

approximately 8 miles southwest of the City and County of Denver, Colorado on the main stem of the South

Platte River; the right abutment of which is located in Douglas County, Colorado in Sections 6 and 7,

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Township 6 South, Range 68 West, of the 6th Principal Meridian; and the left abutment of which is located

in Jefferson County, Colorado in Section 1, Township 6 South, Range 69 West of the 6th Principal

Meridian. ii. Marston Reservoir: Located in Sections 11, 12, 13 and 14, Township 5 South, Range 69 West,

6th P.M., Jefferson County, Colorado. iii. Platte Canyon Reservoir: Located in the NW1/4 of Section 35,

Township 6 South, Range 69 West, 6th P.M., Douglas County, Colorado. iv. Strontia Springs Diversion

Dam and Reservoir. A dam constructed across the channel of the South Platte River in the northwest quarter

of the northwest quarter (NW1/4 NW1/4) of Section 21, Township 7 South, Range 69 West of the 6th P.M.,

in Douglas and Jefferson Counties, State of Colorado. v. Reuter-Hess Reservoir (aka Newlin Gulch

Reservoir): The axis of the dam intersects the thread of Newlin Gulch at a point on the South line of Section

30, Township 6 South, Range 66 West of the 6th P.M. in Douglas County, Colorado, which point is

approximately 2,400 feet east of the southwest corner of said Section 30. The northwest abutment of the

dam is in the SW1/4 SW1/4 of said Section 30, approximately 1,300 feet east of the west section line, and

approximately 550 feet north of the south section line, of said Section 30. The southeast abutment of the

dam is in the NW1/4 NE1/4 Section 31, same range and township, approximately 1,900 feet west of the

east section line and 250 feet south of the north section line, of said Section 31. vi. The South Reservoir

Complex: (1) Welby Reservoir: Welby Reservoir is an off-channel reservoir located adjacent to the South

Platte River in the E1/2 of the NW1/4, SW1/4 of the NW1/4, and the N1/2 of the SW1/4 of Section 1, T3S,

R68W of the 6th P.M., Adams County, Colorado. (2) Bambei-Walker Reservoir: Bambei-Walker Reservoir

is an off-channel reservoir located between the Burlington ditch and the South Platte River in the S1/2 of

the NE1/4, NE1/4 of the SE1/4, NW1/4 of the SE1/4, SW1/4 of the SE1/4 of Section 1, T3S, R68W, 6th

P.M., Adams County, Colorado. vii. The North Reservoir Complex: (1) Howe-Haller A Reservoir: Howe-

Haller A Reservoir is located in the E1/2 of the NW1/4 and W1/2 of the NE1/4 of Section 9, T2S, R67W,

6th P.M., Adams County, Colorado. (2) Howe-Haller B Reservoir: Howe-Haller B Reservoir is located in

the SW1/4 of the SW1/4 in Section 3; the SE1/4 of the SW1/4 and S1/2 of the SE1/4, in Section 4; and the

NE1/4 of the NW1/4 and the NE1/4 in Section 9 of T2S, R67W, 6th P.M., Adams County, Colorado. (3)

Hazeltine Reservoir: Hazeltine Reservoir is located in the NW1/4, N1/2 of the SW1/4 and W1/2 of the

NE1/4 of Section 3; and in the NE1/4 and N1/2 of the SE1/4 of Section 4, T2S, R67W of the 6th P.M.,

Adams County, Colorado. (4) Dunes Dam and Reservoir: Dunes Dam and Reservoir is located in the SW1/4

of the NW1/4, and NW1/4 of the SW1/4 of Section 2 and in the E1/2 of the SW1/4, SE1/4, and S1/2 of the

NE1/4 of Section 3, T2S, R67W of the 6th P.M., Adams County, Colorado. (5) Tanabe Reservoir: Tanabe

Reservoir is located in the NW1/4 of Section 10, T2S, R67W, 6th P.M., Adams County, Colorado. viii.

Lupton Lakes Complex: (1) North Cell: The North Cell is located in the East Half of Section 18, Township

1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. (2) South Cell: The South Cell

is located in the East Half of Section 19, Township 1 North, Range 66 West of the 6th P.M., County of

Weld, State of Colorado. ix. Other Places of Storage: Denver Water may also store the Subject Water Rights

by exchange in Cheesman, Eleven Mile, Antero Reservoirs, and Two Forks Reservoir. Denver Water is not

claiming an appropriative right of exchange in this Application. d. Change in Type of Use: In addition to

agricultural irrigation, Denver Water seeks to use the Subject Water Rights directly and for storage and

subsequent release for commercial, industrial and all municipal uses, including, but not limited to, domestic,

mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street

sprinkling, irrigation of parks, lawns, ground, and open spaces, flatwater recreation, replacement of lake

and reservoir evaporation, recharge, adjustment and regulation of Denver Water’s water supply system,

including maintenance of adequate storage reserves, and as a source of substitute supply or replacement for

exchange, augmentation, substitution, and/or replacement. Denver Water may fully use and reuse to

extinction the fully consumable portion of waters diverted and/or stored under a decree entered in this case

by direct use, storage and subsequent release, reuse, successive use, and further exchange and disposition

for the uses described herein. Return flows from the changed consumptive use portion of the Subject Water

Rights will be fully consumed by direct use, storage and subsequent release, and by reuse, successive use,

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and further exchange and disposition. e. Use in Augmentation Plans. The Subject Water Rights will be used

as a replacement source in augmentation plans, including but not limited to the following: i. Glendale

Augmentation Plan, Case No. 1988CW149, Water Division 1, February 28, 1990. ii. Overland Golf Course

Augmentation Plan, Case No. 1991CW028, Water Division 1, May 24, 1993. iii. Lehow Lake and Kassler

Refugia Pond Augmentation Plan, Case No. 2002CW060, Water Division 1, September 29, 2003. iv. Barr

Lake Wetland Augmentation Plan, Case No. 2003CW129, Water Division 1, December 27, 2006. v.

Western Metals Augmentation Plan, Case No. 2004CW062, Water Division 1, December 8, 2004. vi.

Fairmount Cemetery Augmentation Plan, Case No. W-8698-77, as amended by the decrees in Case Nos.

90CW212, Water Division 1, and 94CW068, Water Division 1. vii. Cherry Creek Park Well Augmentation

Plan, Case No. 1989CW198, Water Division 1, October 24, 2006. viii. Martin Marietta Augmentation Plan,

Case No. 1991CW097, Water Division 1, January 12, 1995. ix. JFK Golf Course Augmentation Plan, Case

No. 1993CW033, Water Division 1, December 4, 2006. x. Garland Park Well Augmentation Plan, Case

No. 1993CW110, Water Division 1, March 7, 2007. xi. Glenmoor Country Club Augmentation Plan, Case

No. 1995CW198(A), Water Division 1, July 28, 1997. xii. Lakewood Country Club Augmentation Plan,

Case No. 1997CW381, Water Division 1, September 13, 2004. xiii. Polo Club Augmentation Plan: Case

No. 2002CW279, Water Division 1, January 29, 2009. xiv. University of Denver College of Law

Foundation Well, Case No. 2002CW376, Water Division 1, October 26, 2004. xv. Auraria Higher

Education Center Flour Mill Well, Case No. 2003CW083, Water Division 1, August 31, 2005. xvi. Well O

of the Cherry Creek Galleries and Conduit No. 5, Augmentation Plan, Case No. 2003CW234, Water

Division 1, October 5, 2007. xvii. Inverness Water and Sanitation District Augmentation Plan, Case No.

2008CW226, Water Division 1, May 15, 2017. xviii. Bambei-Walker Reservoir Ground Water Mounding

Drain System, Case No. 2013CW3041, Water Division 1, May 13, 2016. xix. Operations Complex

Redevelopment (“OCR”) Cistern Augmentation Plan, Case No. 2016CW3176, Water Division 1, August

30, 2019. xx. Foothills Pumpback System Augmentation Plan, Case No. 2018CW3192, Water Division 1,

pending. f. Change in Place of Use: Denver Water seeks to change the place of use for the Subject Water

Rights from lands under the ditch to any location where Denver Water may, now or in the future, legally

provide water. The place of use includes Denver Water’s service area as it exists now as shown in Exhibit

B or may exist in the future within Denver, Arapahoe, Douglas, Jefferson, Adams, and Broomfield

Counties, Colorado, and for lands, replacement of depletions, delivery, and contractual obligations within

the foregoing counties and Weld County, Colorado pursuant to existing and future water contracts and other

related agreements. g. Amount of Water that Applicant Intends to Divert at Alternate Points of Diversion:

Denver Water intends to change its pro-rata interest in the Subject Water Rights of 0.538 cfs of Priority 4

and 0.660 cfs of Priority 19 currently decreed to Nevada Ditch under the December 10, 1883 Adjudication

Decree. 4. Return Flow Replacement through Substitution: Denver Water will have return flow replacement

obligations resulting from the historical use of the Subject Water Rights that are the subject of this

Application. Denver Water will use the sources listed in paragraph 5 below to meet its return flow

replacement obligations (“Replacement Sources”). Denver Water may also use water derived from water

rights in addition to those set forth in paragraph 5 below pursuant to statutory procedures or that is otherwise

legally available provided the water so released is fully consumable. 5. Replacement Water: Denver Water

owns water rights originally decreed in the South Platte River basin for direct flow irrigation uses and has

changed the consumptive use portions of these rights, by decree, to all municipal uses. Denver Water also

owns water rights in tributaries to the Colorado River, which Denver imports to the South Platte River basin

for beneficial use. In addition, Denver Water owns water rights in not-nontributary Arapahoe and Upper

Arapahoe Aquifer formations and water rights in the nontributary Arapahoe and Upper Arapahoe, Laramie-

Fox Hills, and the Lower Arapahoe Aquifer formations. Water from these sources will be made available

in the amounts and at locations necessary to replace return flows from diversions under the changed Subject

Water Rights. Water from these sources that is also once or successively used through Denver Water’s

potable water system and returned to the South Platte River and its tributaries will be made available in the

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amount and at locations, including, but not limited to, outfalls of the various wastewater treatment plants

that discharge effluent attributable to Denver Water’s service area, necessary to replace return flows from

the changed portion of the Subject Water Rights decreed under the December 10, 1883 Adjudication

Decree. The water rights that comprise the Replacement Sources include, but are not limited to: a. Beery

Ditch, Case No. W-7739-74 WD1, appropriation date of June 15, 1861. b. Four Mile Ditch, Case No.

80CW313 WD1, appropriation date of June 1, 1868. c. Brown Ditch, Case No. 86CW014 WD1,

appropriation date of November 30, 1862. d. Nevada Ditch, Case No. 90CW172 WD1 and the Subject

Water Rights, appropriation dates of August 30, 1861- Priority No. 4; December 30, 1865 - Priority No.

19. e. Last Chance Ditch, Case No. 92CW014 WD1, appropriation dates of December 30, 1863 - Priority

No. 14; - March 3, 1868 - Priority No. 39. f. Pioneer Union Ditch, Case No. 91CW100 WD1, appropriation

dates of December 10, 1861 - Priority No. 5; September 1, 1862 - Priority No. 11. g. Hodgson Ditch, Case

No. 91CW102, appropriation date of June 1, 1861 – Priority No. 3. h. Harriman Ditch, Case No. 91CW103,

appropriation dates of March 16, 1869 - Priority No. 23; May 1, 1871 - Priority No. 25; March 1, 1882 -

Priority No. 30. i. Robert Lewis Ditch, Case No. 91CW105, appropriation date of October 1, 1865 - Priority

No. 19. j. Simonton Ditch, Case No. 91CW106, appropriation date of December 25, 1860 - Priority No. 2.

k. Warrior Ditch, Case No. 91CW109 WD1, appropriation dates of December 1, 1861 - Priority No. 4;

April 16, 1862 - Priority No. 8; October 31, 1864 - Priority No. 14. l. Blue River Diversion Project, Water

District No. 36, Summit County Case Nos. 1805 and 1806 and Consolidated Case Nos. 2782, 5016, and

5017, U.S. District Court, appropriation date of June 24, 1946. m. Straight Creek Conduit of the Roberts

Tunnel Collection System, Water District No. 36, C.A. No. 2371, appropriation date of January 21, 1957.

n. Fraser River and Williams Fork Diversion Projects, Water District No. 51, Grand County, C.A. No. 657,

appropriation date of July 4, 1921. This source may be used as a replacement supply under this plan to the

extent allowed by the 1940 Agreement as interpreted by Court decisions or except as otherwise modified.

o. Darling Creek Extension of the Williams Fork Diversion Project, Water District 51, Grand County, C.A.

No. 1430, appropriation date of August 26, 1953. p. Moffat Tunnel Collection System, Water District No.

51, Grand County, C.A. No. 1430, appropriation date of August 30, 1963. q. Hamilton-Cabin Creek Ditch,

Extension and Enlargement of Hamilton-Cabin Creek Ditch, Meadow Creek Reservoir, Water District No.

51, Grand County, C.A. No. 657, appropriation Date of July 2, 1932. r. LFH-1 Well (Permit Nos. 32363-F

and 35393-F), withdrawing nontributary water from the Laramie-Fox Hills Aquifer, decreed in Case No.

88CW149, WD1 for an average annual amount of 141 acre-feet. LFH-1 well is located at the SW/4 of the

NW/4 of S18, T4S, R67W, 6th P.M., Denver Colorado at a point approximately 1,850 feet from the north

section line and 1,100 feet from the west section line, also described by street and number as 43600 East

Virginia Avenue, Glendale, Colorado. s. South Reservoir Complex and North Reservoir Complex South

Platte Storage Rights, Case No. 2001CW286 WD1 as amended in Case No. 2013CW3056 WD1,

appropriation date of December 28, 2001. t. Denver Metro Wells, Case No. 2003CW186 WD1, for right to

withdraw nontributary and not-nontributary water from the Arapahoe, Upper Arapahoe, and Laramie-Fox

Hills Aquifers. u. Farmers and Gardeners Ditch Water Right, Case No. 2009CW084 WD1, appropriation

date of March 15, 1863. v. Lupton Lakes Storage Complex Water Right, Case No. 2007CW322 WD1,

appropriation date of December 28, 2007. w. South Reservoir Complex Enlargement Water Right, Case

No. 2009CW264 WD1, appropriation date of December 29, 2009. x. Lawn Irrigation Return Flows, Case

No. 2004CW121 WD1, decree date of May 15, 2012. y. Foothills Pumpback System Storage Right, Case

No. 2018CW3192, final decree pending, including return flows resulting from use of this right. z. Denver

Water can also release water from the above-referenced sources stored in Antero Reservoir, Eleven Mile

Reservoir, Cheesman Reservoir, Strontia Springs Reservoir, Platte Canyon Reservoir, Chatfield Reservoir,

Soda Lakes Reservoirs, Harriman Reservoir, Ralston Reservoir, Gross Reservoir, South Reservoir

Complex, North Reservoir Complex, Lupton Lakes Complex, Two Forks Reservoir or discharged from

wastewater treatment plants, including the Metro Wastewater Reclamation District Treatment Plants (Hite

Treatment Plant and Northern Treatment Plant) or Littleton/Englewood (“Bi-City”) Wastewater Treatment

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Plant. 6. Location of Replacement Supplies: Denver Water will meet its return flow replacement obligations

by providing or releasing its Replacement Supplies from one or more of the following locations. In addition,

Denver Water will account for and identify water once used, reused or successively used through its

municipal system that is returning to the South Platte River, and deliver such water from one or more of the

following sources to replace return flows from the changed portion of the Subject Water Rights: a. from the

point of release to the South Platte River at the Littleton/Englewood Bi-City Wastewater Treatment Plant;

b. by deliveries from storage facilities identified in Paragraphs 3.c. and 5.z.; c. from the relocated point of

diversion of the Farmers and Gardeners Ditch Water Right decreed in 2009CW084 WD1. The relocated

point of diversion of the Farmers and Gardeners Ditch Water Right is located on the north and west bank

of the South Platte River, in the NE1/4 of the NW1/4 of Section 33, Township 3 South, Range 68 West of

the 6th P.M., in the City and County of Denver, Colorado, approximately 87 feet from the north section

line and 1,884 feet from the west section line; d. LIRFs quantified under the decree entered in Case No.

2004CW121 WD1; e. from the point of release into the South Platte River at the Metro Wastewater

Reclamation District Hite Plant Outfall; and/or f. from the point of release into the South Platte River at the

Metro Wastewater Reclamation District Northern Treatment Plant Outfall. 7. Diversion Records, Map of

Historically Irrigated Lands, Methods of Analysis: Denver Water may rely on the summaries of records of

actual diversions of the Nevada Ditch water right attached as Exhibit C to this Application. Denver Water

will use a parcel by parcel analysis for the subject parcel shown in Exhibit A to determine the historical

consumptive use of the portion of the Subject Water Rights to be changed. 8. Denver Water’s Claim to

Appropriate Return Flows of Denver Water’s Subject Water Rights. a. Name of Water Right: Nevada Ditch

Return Flows. b. Name of Structure: Nevada Ditch. c. Denver Water’s Nevada Ditch Shares: Denver Water

owns 5 of the 260 outstanding shares of the Nevada Ditch as described in paragraph 2. d. Claim to

Appropriate Return Flows: Denver Water seeks to appropriate all return flows from the Subject Water

Rights for direct use by Denver Water, and its customers, for the uses decreed herein including as an

augmentation replacement supply, exchange source, or stored and subsequently used, reused, and

successively used for all uses decreed herein when the calling water right being administered downstream

of the Subject Water Rights’ historical return flow location on the South Platte River is junior to July 28,

2020. e. Date of Appropriation: July 28, 2020. f. Source: South Platte River. g. Amount Claimed: Any and

all amounts of return flows determined to be attributable to Denver Water’s Nevada Ditch Return Flows.

h. Points of Diversion: i. Burlington Ditch Headgate. The Burlington Headgate is located on the east bank

of the South Platte River, in the NE1/4 of the SW1/4, Section 14, T3S, R68W, 6th P.M., in City and County

of Denver, Colorado, 2456.2 feet east of the west line of the southwest quarter and 2347.7 feet north of the

south line of said southwest quarter of Section 14. The Burlington Headgate is located at approximately

latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD

1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. ii. Fulton Ditch Headgate. The Fulton Ditch headgate

is located on the east bank of the South Platte River in the NE1/4 of the SE1/4, in Section 17, T2S, R67W,

6th P.M., Adams County, Colorado, at a point approximately 2,815 feet south and 145 feet west of the NE

corner of said Section 17. iii. Lupton Lakes Complex. The Lupton Lakes Complex point of diversion, as

decreed in Case No. 2007CW322 and the subsequent diligence decree fixing the point of diversion. Case

No 2007CW322 decreed that the Proposed Point of Diversion shall be located in the Northwest 1/4 of

Section 19, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. The

final design and location of the proposed diversion facility has not been finalized to provide distance from

section lines and may change to Section 18. Denver Water may, without amending the 2007CW322 Decree,

supplement the correct section (18 or 19), and distance and section lines in a decree to be entered during

the earliest diligence proceeding when this information becomes available as provided in paragraph 38.D

of the 2007CW322 Decree. i. Alternate Points of Diversion: i. The points of diversion identified in

Paragraphs 2.c.i. and ii. ii. The points of diversion identified in Paragraphs 3.b.ii.1-5. j. Places of Storage:

The Nevada Ditch Return Flows may be stored in those places of storage identified in paragraphs 3.c.i.-ix.

26

k. Type of Use: Denver Water will use the appropriated return flows for all the same claimed uses listed in

paragraphs 3.d. and 3.e. l. Place of Use: Denver Water will use the appropriated return flows within the

area described in paragraph 3.f. 9. Name and Address of Owner of the Land Upon Which Any Existing

Diversion Structures are or Will be Constructed: The following list includes the names and addresses of

owners of the land upon which any new diversion or storage structure or modification to any existing

diversion or storage structure or existing storage pool is or will be constructed or upon which water is or

will be stored. Denver Water is providing notice to the following entities because this application relates to

certain structures and property in which the following entities may have a property interest. a. Chatfield

Reservoir i. U.S. Army Corps of Engineers, 9307 South Wadsworth Boulevard, Littleton, CO 80128. ii.

United States of America, 6014 USPO Courthouse, Omaha, NE 68102. iii. United States of America, State

of Colorado Parks Dept, 1313 Sherman Street, Suite 618, Denver, CO 80203. b. South Reservoir Complex

i. Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, CO 80601. ii. Farmers

Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. iii. Wellington Reservoir

Company, 80 South 27th Avenue, Brighton, CO 80601. iv. Henrylyn Irrigation District, 29490 County

Road 14, Keenesburg, CO 80643. c. North Reservoir Complex i. Fulton Irrigating Ditch Company, 25

South 4th Avenue, Brighton, CO 80601. d. Lupton Lakes Complex i. Hunt Brothers Properties Inc., c/o

Asphalt Specialties Company Inc., 10100 Dallas Street, Henderson, CO 80640-8491. ii. City of Aurora,

15151 East Alameda Parkway, Aurora, CO 80012. iii. Colorado Department of Transportation, 2829 West

Howard Place, Denver, CO 80204. iv. Colorado - Department of Highways, 4201 E Arkansas Avenue,

Denver, CO 80223. e. Reuter-Hess Reservoir i. Parker Water and Sanitation District, 18100 East Woodman

Avenue, Parker, CO 80134. 10. Remarks: The use of water diverted or stored under this water right will be

in accordance with the terms of the Colorado River Cooperative Agreement effective September 26, 2013,

or as amended.

20CW3104 THE RIVERSIDE IRRIGATION DISTRICT AND THE RIVERSIDE RESERVOIR

AND LAND COMPANY, 221 E. Kiowa Street, Fort Morgan, CO 80701, c/o Peter J. Ampe and

Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264.

Application for Finding of Reasonable Diligence in WELD AND MORGAN COUNTIES. 2. Name

of water right: Riverside Augmentation Credit Exchange. 3. Describe conditional water right giving the

following from the Referee's Ruling and Judgment and Decree: A. Date of original decree: July 30,

2014, Case No. 08CW306, Water Div. No. 1. B. Description of exchange, locations, and structures: At

times, more augmentation credits reach the South Platte River than are required to fully replace the well

depletions and return flow obligations under the augmentation plan decreed in Case No. 02CW86 on August

20, 2008, nunc pro tunc, July 11, 2008 (“Riverside Augmentation Plan”). In Case No. 08CW306, the Water

Court decreed a conditional appropriative right of exchange to recapture and redivert any augmentation

credits that reach the South Platte River that are surplus to the depletion and return flow replacement

requirements of the Riverside Augmentation Plan. Applicants may exchange and redivert those surplus

credits at the headgate of the Riverside Inlet Ditch for delivery to any of the recharge facilities described in

the Riverside Augmentation Plan for replacement of depletions and return flow obligations under the

Riverside Augmentation Plan. C. Source: Augmentation credits owned by, leased by, or otherwise

available to Riverside that accrue to the South Platte River pursuant to the decree in Case No. 02CW86 and

that exceed the amount necessary to fully replace depletions and return flow obligations pursuant to the

Riverside Augmentation Plan, and which are not exchanged to the confluence of Wildcat Creek and the

South Platte River pursuant to the exchange decreed in Case No. 02CW86 (“Surplus Augmentation

Credits”). D. Legal description of “exchange to” point: The point of diversion, or “exchange to” point, is

the headgate of the Riverside Inlet Ditch located on the north bank of the South Platte River near Kuner,

Colorado, in the SW/4 SW/4 Section 20, T5N, R63W of the 6th P.M., Weld County, Colorado. E. Legal

description of “exchange from” point: The “exchange from” point is located at the extrapolated confluence

27

of Antelope Draw and the South Platte River located in SE/4 NE/4 of Section 5, T4N, R55W of the 6th

P.M. approximately 2640 feet from the North section line and approximately 100 feet from the East section

line, Morgan County, Colorado. F. River Reaches: Surplus Augmentation Credits accrue to the South

Platte River within four River Reaches between the headgate of the Riverside Inlet Ditch and the

extrapolated confluence of Antelope Draw and the South Platte River. The River Reaches are described in

the Riverside Augmentation Plan as follows: (1) the Riverside Inlet Ditch headgate to the Fort Morgan

Canal headgate (“River Reach No. 1”); (2) the Fort Morgan Canal headgate to the Upper Platte and Beaver

Canal headgate (“River Reach No. 2”); (3) the Upper Platte and Beaver Canal headgate to the Lower Platte

and Beaver Canal headgate (“River Reach No. 3”); and (4) the Lower Platte and Beaver Canal headgate to

the North Sterling Canal headgate (“River Reach No. 4”). G. Date of Appropriation: December 31, 2008.

H. Amount: 25 c.f.s., CONDITIONAL. I. Use: Augmentation of irrigation and commercial uses pursuant

to the Riverside Augmentation Plan. 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: During the diligence period, Applicants, together with

various individuals and entities, constructed numerous recharge ponds, diverted water from the South Platte

River through the Riverside headgate and into said ponds and used recharge from said ponds to augment

injurious depletions caused by withdrawal of groundwater by wells under the Riverside Augmentation Plan,

and provided daily accounting of such beneficial uses to the Division Engineer. Applicants have spent

approximately $725,000.00 on legal and engineering fees related to the Riverside Augmentation Plan and

the defense and prosecution of water right applications, during the diligence period and an additional

approximately $5,500,000.00 during the diligence period on canal and inlet maintenance, reservoir

maintenance, spillway planning and construction and river diversion maintenance. Applicants will continue

to work with the Water Commissioner and Division Engineer to exchange Surplus Augmentation Credits

under the Riverside Augmentation Credit Exchange as conditions permit. 5. Claim to make absolute:

N/A. 6. Names and addresses of owner(s) of land on which points of diversion place of use are

located: Applicants own all land upon which the water exchanged will diverted or stored. WHEREFORE,

Applicants request that the Court enter a decree finding that the Applicants have exercised reasonable

diligence in the development of the conditional water right for the Riverside Augmentation Credit

Exchange; and requests that the Court enter a decree affording the Applicants such other relief as the Court

deems appropriate.

20CW3105, City of Brighton, 500 South 4th Avenue, Brighton, Colorado 80601, Attn: Marv Falconburg,

Acting City Manager, (303) 655-2021. Please address all future correspondence and pleadings to: Brent A.

Bartlett, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, Colorado

80525, (970) 407-9000. 1. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN

ADAMS, DENVER AND WELD COUNTIES. Application seeks findings of diligence of the conditional

underground water rights and conditional appropriative rights of exchange decreed in Case No. 03CW320,

District Court, Water Division 1 (“Original Decree”). 2. Underground Water Rights. Date of Original

Decree: July 2, 2014, Case No. 03CW320, District Court, Water Division 1, State of Colorado (“Original

Decree”). 2.1 Name of Well. Well A (Permit No. 60846-F), 2.1.1 Legal Description of Well. Located in

the SE1/4 of the SW1/4 of Section 14, Township 1 South, Range 66 West, 6th P.M., approximately at a

point 306 feet from the south section line and 3,645 feet from the east section line of said section 14. UTM

coordinates Easting: 521686 m, Northing 4423217 m. 2.1.2 Source. Ground water within the Beebe Draw

alluvial aquifer, tributary to the South Platte River. 2.1.3 Depth. 64 feet. 4.1.4 Date of Appropriation.

January 20, 1987 by construction of the well. Water from the well was first placed to beneficial use for

municipal purposes on June 30, 2002. 2.1.5 Amount Claimed. 1,639 gpm ABSOLUTE, 361 gpm

CONDITIONAL, for a total of 2,000 gpm. 2.2. Name of Well. Well B (Permit No. 60845-F). 2.2.1 Legal

description of well. Located in the SE1/4 of the SW1/4 of Section 14, Township 1 South, Range 66 West,

28

6th P.M., approximately at a point 316 feet from the south section line and 3,051 feet from the east section

line of said section 14. UTM coordinates Easting: 521871 m, Northing 4423214 m. 2.2.2 Source. Ground

water within the Beebe Draw alluvial aquifer, tributary to the South Platte River. 2.2.3 Depth. 64 feet. 2.2.4

Date of Appropriation. January 20, 1987 by construction of the well. Water from the well was first placed

to beneficial use for municipal purposes on June 19, 2002. 2.2.5 Amount Claimed. 1,606 gpm ABSOLUTE

(diverted on November 13, 2015), 394 gpm CONDITIONAL, for a total of 2,000 gpm. 2.3 Name of Well.

Well C (Permit No. 60844-F). 2.3.1 Legal description of well. Located in the SE1/4 of the SW1/4 of Section

14, Township 1 South, Range 66 West, 6th P.M., approximately at a point 957 feet from the south section

line and 3,027 feet from the east section line of said section 14. UTM coordinates Easting: 521868 m,

Northing 4423413 m. 2.3.2 Source. Ground water within the Beebe Draw alluvial aquifer, tributary to the

South Platte River. 2.3.3 Depth. 69 feet. 2.3.4 Date of Appropriation. August 2, 1990 by construction of

the well. Water from the well was first placed to beneficial use for municipal purposes on June 25, 2002.

2.3.5 Amount Claimed. 1,492 gpm ABSOLUTE (diverted on May 5th, and again on May 6th, 2014), 508

gpm CONDITIONAL, for a total of 2,000 gpm. 3. Appropriative Rights of Exchange. Date of Original

Decree: July 2, 2014, Case No. 03CW320, District Court, Water Division 1, State of Colorado. 3.1 South

Platte Exchanges. 3.1.1 Exchange from Points. The exchange from points are the points listed below:

3.1.1.1 Point A: The confluence of Brighton’s North Storm Drain Outfall and the South Platte River,

located in the SE1/4 of the SW1/4 of the SW1/4 of Section 31, Township 1 North, Range 66 West, 6th P.M.

approximately 220 feet from the South Section line and 976 feet from the West Section line. 3.1.1.2 Point

B: The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE1/4

of the NW1/4 of the NE1/4 of Section 12, Township 1 South, Range 67 West approximately 750 feet from

the North Section line and 1,290 feet from the East Section line. 3.1.1.3 Point H-1: The point of discharge

from Brighton’s South Platte WWTP, located in the NW1/4 of the NW1/4 of the SW1/4 of Section 6,

Township 1 South, Range 66 West, 6th P.M. approximately 2,830 feet from the North Section line and 256

feet from the West Section line. 3.1.1.4 Point H-2: The point of discharge from the Northern Treatment

Plant located in the SE1/4 of the SW1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M.

This “exchange from” location was added pursuant to the decree entered June 5, 2018 in Case No.

15CW3170, District Court, Water Division 1, State of Colorado. 3.1.1.5 Point C: The outlet of Ken Mitchell

Reservoir, which is located near the point where the South Platte River crosses the west line of Section 12,

Township 1 South, Range 67 West, 6th P.M., Adams County. The outlet of Ken Mitchell Reservoir to the

South Platte River is located in the SW1/4 of the SE1/4 of Section 11, Township 1 South, Range 67 West

6th P.M. approximately 416 feet from the South Section line and 1071 feet from the East Section line. 3.1.1.6

Point K: The confluence of Sand Creek and the South Platte River located in the SE 1/4 of the SW1/4 of

Section 1, Township 3 South, Range 68 West, 6th P.M. approximately 221 feet from the South Section line

and 1,961 feet from the West Section line. 3.1.2 Exchange to Points. The exchange to points are the points

listed below: 3.1.2.1 Point D-1: Ken Mitchell Reservoir Pump Station Inlet Pipe, a river diversion located

on the east bank of the South Platte River, in the Southeast Quarter of Section 11, Township 1 South, Range

67 West, at a point whence the Southwest Corner of said Section 11 bears approximately South 86° West,

approximately 4,160 feet. 3.1.2.2 Point D-2: Ken Mitchell Reservoir Pump Station Inlet Pipe, a river

diversion located on the east bank of the South Platte River, in the NW1/4 of the SE1/4 of Section 14,

Township 1 South, Range 67 West, at a point whence the Southwest Corner of said Section 14 bears

approximately South 69° West, approximately 4,000 feet. 3.1.2.3 Point E: Ken Mitchell Reservoir Inlet,

located on the east bank of the South Platte River, in the SE1/4 of Section 14, Township 1 South, Range 67

West, at a point whence the Southwest Corner of said Section 14 bears approximately South 88° 30’ West,

approximately 3,190 feet. 3.1.2.4 Point F: A point where the South Platte River crosses the South line of

Section 23, Township 1 South, Range 67 West, of the 6th PM in Adams County. This is an approximation

of the upstream limit of the reach of the South Platte River that is depleted by pumping of Brighton’s South

Platte Wells. 3.1.2.5 Point G: Fulton Ditch headgate located in the NE1/4 of the NE1/4 of the SE1/4 of

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Section 17, Township 2 South, Range 67 West, Adams County.3.1.2.6 Point I: The United Diversion

Facility No. 3, located on the East Bank of the South Platte River in the SW1/4 of Section 26, Township 1

South, Range 67 West, 6th P.M. 3.1.2.7 Point M: Burlington Canal Headgate, located at a point on the east

bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West,

6th P.M., the City and County of Denver, Colorado. The headgate is located at approximately latitude 039°

47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM

Zone 13S 502616.89 mE 4404471.42 mN. 3.1.3 Rates claimed. The maximum simultaneous exchange rate

is 136.3 cfs. The individual exchanges and individual exchange rates are shown in the exchange matrix

attached hereto as Exhibit A. The exchange from Point H-1 to Point F in the amount of 2.91 cfs, which

was operated on July 21st, and again on July 23rd, 2018, is absolute and the remainder of this exchange is

conditional. All other South Platte Exchanges are conditional in their entirety. 3.1.4 Volumetric limits on

South Platte Exchanges. The volumes of water that may be diverted under the South Platte Exchanges are

limited annually to the following volumes in the table below.

Exchange From

Points

Ken

Mitchell

Lakes

D/S

Pump

Inlet

(Point

D-1)

Ken

Mitchell

Lakes D/S

Pump Inlet

(Point D-2)

Ken

Mitchell

Lakes

Gravity

Inlet (Point

E)

U/S Point

of South

Platte Well

Depletions

(Point F)

Fulton

Ditch

Headgate

(Point G)

United

Div.

Facility

No. 3

(Point I)

Burlingt

on

Ditch

Headgat

e (Point

M)

North Outfall (Point

A) Maximum annual: 5,862 AF

South Outfall (Point

B) Maximum annual: 800 AF

Ken Mitchell Lakes

Outlet (Point C) - - -

Maximum annual: 17,582 AF

20 year cumulative total: 196,000 AF

Brighton’s South

Platte WWTP (Point

H-1)

Northern Treatment

Plant

(Point H-2)

(total from both

locations)

Maximum annual: 1,566 AF

Confluence of Sand

Creek and the South

Platte River

- - - - - -

Maximu

m

annual:

132

3.2 Beebe Draw Exchanges. 3.2.1 Exchange from point. Point 1, which is the point of discharge from the

Lochbuie WWTP located in the NE1/4 of the NW1/4 of the NW1/4 of Section 29, Township 1 North,

Range 65 West, 6th P.M. 3.2.2 Exchange to points. The exchange to points are listed below.3.2.2.1 Point

2: Barr Lake, located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range

66 West, 6th P.M. 3.2.2.2 Point 3: Toe of Barr Lake Dam, which location is the upstream extent of well

depletions from the Beebe Draw Wells in the NW1/4 of Section 23, Township 1 South, Range 66 West, 6th

P.M. approximately 390 feet from the North section line and 930 feet from the West section line, and the

location where the depletions from the Beebe Draw Wells are assumed to affect the Beebe Draw. 3.2.3

Rates claimed. The individual exchanges and individual exchange rates are shown in the exchange matrix

30

attached hereto as Exhibit B. The exchange from Point 1 to Point 3, in the amount of 1.0 cfs, was operated

on September 11, 2016, is absolute and the remainder of this exchange is conditional. The exchange from

Point 1 to Point 2 in the amount of .98 cfs, was operated on September 24, 2017, is absolute and the

remainder of this exchange is conditional. 3.2.4 Volumetric limits on Beebe Draw Exchanges. The volume

of water that may be diverted under the Beebe Draw Exchanges at all exchange-to points is limited to a

maximum of 535 acre-feet in any water year. 3.3 Source. The appropriative rights of exchange operate

utilizing exchange potential created by the native flow of the South Platte River and its tributaries for the

South Platte Exchanges and exchange potential created by water in and accruing to Beebe Draw for the

Beebe Draw Exchanges. The sources of substitute supply will be water diverted pursuant to the water rights

listed in ¶¶10.2.1-10.2.9 of the Original Decree. 3.4 Date of appropriation for exchanges. June 19, 2002

for the exchanges in the original application and an appropriation date of February 27, 2009 for the

exchanges added in Brighton’s First Amended Application in Case No. 03CW320, as amended by Case

No. 15CW3170 and as further noted on Exhibits A and B. 3.5 Use. Municipal, augmentation, replacement,

exchange and substitution, either directly or following storage in Barr Lake Reservoir and the reservoirs

described in ¶9.5.2 of the Original Decree. Municipal uses include but are not limited to domestic,

mechanical, manufacturing, industrial, fire protection, sewage treatment, street sprinkling, and irrigation of

parks, lawns and grounds, within the City of Brighton’s service area as it may exist both now and into the

future. Brighton may also utilize water diverted pursuant to the exchanges to fulfill contractual obligations

to other municipalities and water users. Brighton claims the right to totally consume the water diverted,

either by first use, reuse or successive use. Brighton shall further limit the uses of water it diverts by

exchange to the decreed uses of its substitute supplies. Brighton seeks the right of reuse and successive use

of water diverted pursuant to Brighton’s South Platte and Beebe Draw Exchanges, for the purposes

described above, subject to the terms of this Decree. Brighton’s right of reuse and successive use is

predicated on the fact that its South Platte and Beebe Draw Exchanges are first utilized in its municipal

system, acceptable accounting for the return flows is maintained, and requisite dominion and control are

maintained by Brighton. Water diverted under the exchanges decreed herein shall not be diverted (1) at

any well or wells (including an infiltration gallery or other type of groundwater diversion structure) unless

Brighton first obtains a decree for a plan for augmentation and/or exchange that authorizes such diversions

at such well or wells; or (2) into a recharge facility unless Brighton first obtains a decree that authorizes

such diversions into such recharge facility. 3.6 Claim to Findings of Reasonable Diligence. During the

diligence period, Brighton exercised its augmentation plan, substitutions and exchanges to divert water in

varying amounts and applied it to beneficial use for the decreed purposes. A claim to make a portion of the

conditional water rights absolute is included herewith. Such diversion and use of water is evidence of

reasonable diligence in the continued development of this component of Brighton’s integrated municipal

water supply system. In addition, Brighton has invested in the design and construction of infrastructure

necessary to facilitate the decreed uses set forth in Case No. 2003CW320. The conditional appropriative

rights of exchange that are the subject of this case are part of Applicant’s raw water supply system, an

integrated system as defined by §37-92-301(4). During the diligence period Applicant has expended funds

on engineering design and construction of its integrated water system on the South Platte River and Beebe

Draw related to the structures necessary to implement the operation of the conditional appropriative rights

of Applicant’s underground water rights and exchanges. During the diligence period Applicant has

participated in numerous water court proceedings in an effort to protect its conditional appropriative rights

of exchange. Additionally, Applicant has developed and utilized accounting forms in order to implement

the conditional appropriative rights of exchange. 3.7 Right to Supplement. Applicant reserves the right to

supplement this Application with additional information on Applicant’s work and expenses related to its

continued diligence toward making absolute the conditional rights described herein. 3.8 Notice

Requirement, Section 37-92-302(2)(b). Names(s) and address(es) of owner(s) or reputed owners of the land

upon which any new diversion or storage structure, or modification to any existing diversion or storage

31

structure is or will be constructed or upon which water is or will be stored, including any modification to

the existing storage pool. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton,

Colorado 80601, Burlington Ditch and Reservoir and Land Company, 80 South 27th Avenue, Brighton,

Colorado 80601, United Water and Sanitation District, 301 E. Prentice Avenue, Suite 120, Greenwood

Village, Colorado 80111, Fulton Ditch Company, 25 South 4th Avenue, Brighton, CO 80601.

WHEREFORE, Brighton respectfully requests a ruling and decree finding that Brighton has exercised due

and reasonable diligence during the six years following entry of the decree in Case No. 03CW320, toward

completion of the appropriation and application of underground water rights and the exchanges therein

decreed, in the absolute and conditional amounts and flow rates set forth herein and for the beneficial uses

decreed, also as set forth herein. Brighton further prays that this Court continue in full force and effect all

such conditional water rights for an additional six-year period, and for such other relief as the Court may

deem proper. (9 pages)

20CW3106 Gunter and Gloria Preuss, 4004 Medford Drive, Loveland, CO 80538, 970-481-5301,

gunter@genhco.com. Please send all pleadings to: Jeff Kahn, Lyons Gaddis, P.O. Box 978, Longmont, CO

80503, 303-776-9900. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND

APPROPRIATIVE RIGHTS OF EXCHANGE, in LARIMER COUNTY. 1. Introduction: By this

application for approval of a plan for augmentation and appropriative right of exchange, the Applicants will

replace the depletions to the Big Thompson River and its tributaries Dry Creek, Cottonwood Creek and

Saddle Notch Gulch resulting from the evaporation of water from two small ponds, one a landscape feature

with a surface area of 0.08 acres and the other an on-channel livestock pond with a surface area of 0.34

acres (collectively “the Ponds”). The Ponds are supplied water by a combination of Saddle Notch Gulch

and unnamed springs tributary to Saddle Notch Gulch. The depletions caused by the evaporation will be

replaced by water released by the Town of Estes Park (the “Town”). Pursuant to a Water Supply Agreement

between the Applicants and the Town, the Town will release up to 1.05 acre feet of fully consumable

effluent resulting from the delivery of Windy Gap Water to the Town. One acre foot is dedicated to replace

the evaporative depletions and 0.05 acre foot is reserved to cover any transit losses assessed between the

point of release and point of depletion. APPLICATION FOR APPROVAL OF PLAN FOR

AUGMENTATION 3. Structures to be Augmented: Saddle Notch Ranch Falling Water and Saddle Notch

Ranch Livestock Pond A. Location of Structures (Structures depicted on Exhibit A): 1. Saddle Notch

Falling Water: Located in the SW1/4 of the NE1/4 of Section 14, Township 5 North, Range 71 West of the

6th P.M., Larimer County, Colorado. The centroid of the feature is located at a point 1,410 feet from the

North section line and 1,620 feet from East section line of said Section 14. 2. Saddle Notch Ranch Livestock

Pond: Located on Saddle Notch Gulch in the SE1/4 of the NE1/4 of Section 14, Township 5 North, Range

71 West of the 6th P.M., Larimer County, Colorado. The point at which Saddle Notch Gulch intersects the

centerline of the dam is located 1,820 feet from the North section line and 752 feet from East section line

of said Section 14. 3. Point of Diversion: a. Saddle Notch Falling Water: The Pond diverts water from

Saddle Notch Gulch at the Livestock Pond (location described above in 3.A.2) and unnamed springs that

collect at the lined landscape water feature. b. Saddle Notch Ranch Livestock Pond: The Pond is an on-

channel pond (location described above in 3.A.2.). 4. Water Rights to be Used for Augmentation: Windy

Gap Project Water, a transmountain water diversion project that delivers water from the Colorado River

Basin to the South Platte River Basin. The Town owns a Water Allotment Contract with the Municipal

Subdistrict of the Northern Colorado Water Conservancy District, a political subdivision of the State of

Colorado, for Windy Gap Project water. The water rights for the Windy Gap Project consist of the Windy

Gap Pump, Pipeline and Canal, Windy Gap Pump, Pipeline and Canal First Enlargement, Windy Gap

Pump, Pipeline and Canal Second Enlargement, and Windy Gap Reservoir. These water rights were

originally decreed in Civil Action No. 1768, Grand County District Court, on October 27, 1980, and in

Case Nos. W-4001 and 80CW108, District Court, Water Division No. 5, on October 27, 1980. Windy Gap

32

Project water is introduced, stored, carried and delivered in and through the components of the Colorado-

Big Thompson Project. The sources of water for the Windy Gap Project are the Colorado River and Willow

Creek, a tributary of the Colorado River. 5. Operation of Plan for Augmentation: Applicants will determine

and account for the evaporation from the Ponds and the resulting depletions will be replaced by releases of

the augmentation water by the Town from Lake Estes upon request of the water commissioner for Water

District No. 4. APPLICATION FOR ADJUDICATION OF EXCHANGE 6. Introduction: Applicants

seek to adjudicate an exchange by which the augmentation water described above will be used to replace

the depletions caused by evaporation from the Ponds. The exchange will operate only when, and if, a junior

intervening call is made between the downstream point of exchange and upstream point of exchange

described below. 7. Downstream Point of Exchange: The confluence of Dry Creek and the Big Thompson

River described as: The confluence is generally located in the SE1/4 of the NW1/4, Section 17, Township

5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. 8. Upstream Point of Exchange: The

upstream point of exchange is the point of depletion on Saddle Notch Gulch, described as: The point at

which Saddle Notch Gulch intersects the centerline of the Livestock Pond dam, located at a point 1,820 feet

from the North section line and 752 feet from East section line of Section 14, Township 5 North, Range 71

West of the 6th P.M., Larimer County, Colorado. 9. Description of Exchange: As necessary to replace

depletions associated with this plan, water will be released from Lake Estes to the downstream point of

exchange. The water will then be exchanged to the Upstream Point of Exchange to replace the evaporative

depletions described above. See map attached as Exhibit B. 10. Appropriation of Exchange: A. Date of

appropriation: July 31, 2020. B. How appropriation was initiated: Entering into the Water Supply

Agreement with the Town and filing this application. 11. Amount Claimed: 0.10 cubic feet per second (cfs)

conditional. 12. Use: The use of the water following the exchange will be to replace the evaporative

depletions described above in the plan for augmentation also described above. 13. Name and Address of

Owners of the Land Upon Which Structures are Allocated: 1. The Ponds are on land owned by Applicants

as stated in section 2 above. 2. Lakes Estes is on land owned by the United States: United States of America

Rocky Mountain National Park c/oForestry Service P.O. Box 1366 Fort Collins, Colorado 80522-1366

Dated: July 30, 2020. (Application is 5 pages with 2 exhibits.)

20CW3107 JOHN F. MEDVED AND DEBRA K. MEDVED, MOUNTAIN MUTUAL RESERVOIR

COMPANY, AND NORTH FORK ASSOCIATES, LLC; John F. Medved and Debra K. Medved, c/o

Eric E. Torgersen, Esq., Holley, Albertson & Polk, P.C., 1667 Cole Boulevard, Suite 100, Lakewood,

Colorado 80401; E-Mail: eet@haplaw.net; Telephone: (303) 233-7838; Mountain Mutual Reservoir

Company, 6949 Highway 73, Suite 15, Evergreen, CO 80439; E-Mail: 613blatch@gmail.com;

Telephone: (303) 989-6932; and North Fork Associates, LLC, 2686 S. Yukon Ct., Denver, CO 80227;

E-Mail: 613blatch@gmail.com; Telephone: (303) 988-7111. Please direct all correspondence

concerning this Application to: Aaron Ladd, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202,

Boulder, CO 80301; E-Mail: asl@vrlaw.com; Telephone: (303) 443-6151. APPLICATION FOR

UNDERGROUND WATER RIGHTS, AND PLAN FOR AUGMENTATION INCLUDING

EXCHANGE IN JEFFERSON COUNTY CLAIM NO. 1: APPLICATION FOR UNDERGROUND

WATER RIGHT 2. Name of Structures: JMDM Well No. 2. a. Well Permit No.: Well Permit No. 231939.

b. Legal Description of Wells: JMDM Well No. 2 is located on Lot 2 of the proposed JMDM 1 Subdivision,

in the NE1/4 NW1/4, Section 20, Township 4 South, Range 70 West of the 6th P.M., at a point 1,200 feet

from the North Section Line and 2,705 feet from the East Section Line (UTM Easting 478689.5, Northing

4393726.1). c. Source: Groundwater tributary to an unnamed tributary, tributary to Mount Vernon Creek,

tributary to Bear Creek, tributary to the South Platte River. d. Dates of Appropriation: June 11, 2001. e.

How Appropriation was Initiated: By drilling and permitting the well and applying it to beneficial use on

Lot 2, described above. f. Dates Water Applied to Beneficial Use: June 11, 2001. g. Amounts Claimed: 7

gpm, absolute. h. Uses: Ordinary household use inside one single family residence, irrigation, and fire

33

protection. i. Names and Addresses of Owners of Land on which the Wells are Located: Co-Applicants,

John F. Medved and Debra K. Medved. CLAIM NO. 2: APPLICATION FOR APPROVAL OF

A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT 3. General Statement of Plan for

Augmentation: Co-Applicants John F. Medved and Debra K. Medved (the “Medveds”) own Lot 1 and Lot

2 of the proposed JMDM 1 Subdivision, located on approximately 36 acres lying in NW1/4, Section 20,

Township 4 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, (“JMDM 1 Subdivision”)

as shown on Exhibit A. The proposed JMDM 1 Subdivision encompasses three subdrainages: (i) unnamed

drainage, tributary to Mount Vernon Creek, tributary to Bear Creek; (ii) unnamed drainage tributary to

Shingle Gulch, tributary to Mount Vernon Creek; and (iii) unnamed drainage, tributary to Sawmill

Gulch, tributary to Bear Creek. The water supply for Lot 1 and Lot 2 of the proposed JMDM 1 Subdivision

will be provided using two wells, one located on each lot (collectively, the “Subject Wells”). The

augmentation plan set forth herein will replace out of priority depletions associated with Subject Wells in

the manner described herein. 4. Names of Structures to be Augmented: The Subject Wells augmented

pursuant to this augmentation plan are: (i) the JMDM Well No. 1, which well is not yet constructed,

and will be located on Lot 1 of the proposed the JMDM 1 Subdivision. The building site for the house

on Lot 1 has not-yet been selected, which selection will determine the sub-drainage location of the

well. (ii) the JMDM Well No. 2, which is permitted and constructed, and is located on Lot 2 of the

proposed JMDM 1 Subdivision, as more fully described in Section 2, above. 5. Water Rights to be

used for Augmentation Purposes: a. The Medveds are under contract to purchase 2.45 shares of stock in

the Mountain Mutual Reservoir Company (“MMRC”) representing the right to receive 0.077 acre-feet firm

yield annually from the following water rights. These 2.45 shares are a portion of the 7.45 shares that are

being removed, pursuant to pending Case No. 2020CW3072, from an augmentation plan originally decreed

in Case No. 96CW103 for the Red Rocks Estates subdivision. Medved’s right to use the 2.45 shares is

contingent on the successful removal of the shares from Red Rocks Estates’ augmentation plan pursuant to

pending Case No. 2020CW3072. The 2.45 MMRC shares described in this paragraph are referred to

hereafter as the “Primary Shares.” b. In addition to the 2.45 shares of stock described in paragraph 5.a

above, the Medveds and North Fork Associates are in negotiations to purchse up to 6 shares of MMRC

stock from the successor-owners of 12 MMRC shares originally purchased by AKS, LLC, as reflected at

the bottom of the tabulation of MMRC shares attached as Exhibit B. Said 12 shares are not presently

included in a decreed augmentation plan, and thus the 6 shares do not need to be removed from an

augmentation plan to be included as a replacement supply pursuant to this Application. If this purchase

and sale is finalized and closed prior to entry of a decree in this case: (i) the Medveds will include the

additional 6 purchased MMRC shares (“Purchased Shares”) in its augmentation plan, representing an

additional 0.188 acre-feet of augmentation water as described below, and will increase the allowable usage

from the Subject Wells pursuant to this augmentation plan, as set forth below; and (ii) MMRC will update

its tabulations of shares attached as Exhibit B to reflect AKS, LLC’s allocation of MMRC shares from 12

shares (0.376 acre-feet) to 6 shares (0.188 acre-feet). If the Medveds do not acquire the Purchased Shares

in advance of entry of a decree in this matter, the Medveds intend to include a procedure to add up to 6

additional shares of MMRC to this augmentation plan in the future, if shares become available and are

acquired by the Medveds, in order to increase usage of the Subject Wells pursuant to this augmentation

plan. c. The water rights associated with the MMRC shares described in paragraphs 5.a. and 5.b. are

described 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. The Harriman Ditch Company owns the following direct

flow water rights decreed in Civil Action No. 6832, on February 4, 1884.

Appropriation

Date Priority Number Source Amount

MMRC

Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs

34

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 NE1/4

NE1/4, Section 2, Township 5 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. The

Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the

southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The

Harriman Ditch was originally decreed for irrigation, 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.

The Warrior Ditch Company owns the following direct flow water rights decreed in Civil Action No. 6832

on February 4, 1884:

Appropriation

Date Priority Number Source Amount

MMRC

Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs

April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs

Oct. 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. The Warrior 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. The Soda Lakes Reservoir and Mineral Water Company owns the following storage water rights

decreed in Civil Action No. 91471 on September 24, 1935, to the Soda Lake Reservoir Nos. 1 and 2: 1,794

acre-feet for irrigation purposes, and 598 acre-feet for storage for supplying the City of Denver with water

for municipal purposes, including the watering of lawns and gardens. Date of appropriation: February 11,

1893, and a refill right decreed in Case No. 00CW228, District Court, Water Division 1. The Soda Lakes

Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The

reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir: The structure is located in

the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West of the 6th P.M.,

Jefferson County, Colorado. Meadowview Reservoir was awarded absolute water rights in Case No.

09CW92 (01CW294), in the amount of 20 acre-feet, and in Case No. 16CW3022 (94CW290), in an amount

of 30 acre-feet, for augmentation, replacement, exchange and substitution purposes. The source is North

Turkey Creek and water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow

water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir

by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos.

94CW290, 00CW060, and 01CW293. v. Firm Yield of Consumptive Use Water: The firm yield of the

portfolio of water rights and storage facilities owned by MMRC has been decreed by the water court in

Case Nos. 94CW290 and 01CW293 to be 62.8 acre-feet per year. Of this amount, 23.8 acre-feet of

consumptive use water is available for augmentation plans in the Turkey Creek drainage basin and 39 acre-

feet of consumptive use water is available for augmentation plans in the Bear Creek drainage basin. The

total firm yield is represented by 2,000 shares of stock in MMRC. See Exhibit B. The terms and conditions

under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes

are set forth in Case Nos. 94CW290 and 01CW293, 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). Additionally,

the consumptive use cannot be reconsidered or requantified pursuant to C.R.S. § 37-92-305(3)(e). 6.

35

Statement of Plan for Augmentation: Each of the Subject Wells is intended to serve in-house domestic uses

for one single family residence (two total). In addition, the Subject Wells may be used for various outdoor

uses, including irrigation of lawn, irrigation of garden, watering of horses or large animals, and/or filling

and maintenance of a swimming pool, hot tub, or water features (collectively the “Outdoor Uses”). The

consumption rates for each use is described below; the total consumption of the in-house uses and Outdoor

Uses will not exceed the total amount of replacement water available using the Primary Shares and, if

included, the Purchased Shares, or any shares added to the augmentation plan at a later date. a. The water

requirements for in-house domestic use will have 10% consumption based on subsurface discharge from

individual septic tank-soil absorption systems. Each septic system will be located in the same sub-drainage

as the well that supplies it. Total replacement requirement for in-house domestic shall be .0314 acre-feet

per house per year. Turf irrigation assumes 80% efficient application resulting in 1.0 acre-foot per acre

depletion annually. Garden irrigation assumes consumption of 0.4 acre-feet per acre annually. Watering

of large animals assumes consumption of 10 gallons per animal per day. Swimming pool consumption

assumes 0.0383 acre-feet per 1,000 sq. feet annually. Hot tub consumption assumes 4.46 gal.day (0.005

acre-feet annually). Water feature consumption assumes 0.101 acre-feet per year. b. The combined

replacement requirements for the in-house and Outdoor Uses by the two wells pursuant to this augmentation

plan will not exceed 0.077 acre-feet annually from the Primary Shares plus 0.188 acre-feet annually from

the Purchased Shares, if included in the final decree, for a total combined replacement not to exceed 0.265

acre-feet per year. This equates to a maximum stream depletion of 0.28 of a gallon per minute. c. 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 of short duration. 7. Substitution

and Exchange Reach: Since the points of depletion associated with the Subject Wells are upstream of the

augmentation supplies, Applicants assert a water exchange plan including a right of substitution and

exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the substitution and

exchange shall extend from the confluence of Bear Creek and Turkey Creek in the NE1/4 NW1/4, Section

5, Township 5 South, Range 69 West up Bear Creek to the confluence of Mount Vernon Creek in SW1/4

SE1/4, Section 35, Township 4 South, Range 70 West, thence up Mount Vernon Creek to the confluence

of an unnamed creek in the SE1/4 SE1/4, Section 17, Township 4 South, Range 70 West, thence up the

unnamed stream to the point of depletion in the NW1/4, Section 20, Township 4 South, Range 70 West, all

in the 6th P.M. If the JMDM Well No. 1 is constructed in sub-basin (ii) described in paragraph 3, above,

the substitution and exchange reach for that well shall extend from the confluence of Bear Creek and Turkey

Creek in the NE1/4 NW1/4, Section 5, Township 5 South, Range 69 West up Bear Creek to the confluence

of Mount Vernon Creek in SW1/4 SE1/4, Section 35, Township 4 South, Range 70 West, thence up Mount

Vernon Creek to the confluence with Shingle Creek in the NW1/4 SE1/4, Section 17, Township 4 South,

Range 70 West, thence up Shingle Creek to the confluence with an unnamed creek in the NW1/4 NE1/4,

Section 20, Township 4 South Range 70 West, thence up the unnamed creek to the point of depletion in the

NW1/4, Section 20, Township 4 South, Range 70 West of the 6th P.M. If the JMDM Well No. 1 is

constructed in sub-basin (iii) described in paragraph 3, above, the substitution and exchange reach for that

well shall extend from the confluence of Bear Creek and Turkey Creek in the NE1/4 NW1/4, Section 5,

Township 5 South, Range 69 West up Bear Creek to the confluence with Sawmill Gulch in the NE1/4

NE1/4 Section 32, Township 4 South Range 70 West of the 6th P.M, thence up Sawmill Gulch to the point

of depletion in the SE1/4, Section 20, Township 4 South, Range 70 West of the 6th P.M. In the event that

there is an intervening senior water right that precludes operation of the substitution and exchange, the

Medveds can either have replacement water delivered by truck to the point of depletions or have an on-site

container or containers from which replacement water may be released. The water exchange plan will

operate to replace depletions to the flow of water in the stream system as the depletions occur. The water

exchange plan will be operated and administered with a priority date of July 31, 2020, at a maximum flow

rate of 0.001 of a cubic foot per second. 8. Names and Addresses of Owners of Land on which New

36

Structure will be Located: Co-Applicants, John F. Medved and Debra K. Medved. WHEREFORE, the

Applicants request the entry of a decree approving this Application, specifically (1) granting the

appropriations sought in this Application, (2) authorizing use of the augmentation supplies described in this

Application, (3) determining that the source and location of delivery of augmentation water are sufficient

to prevent material injury to vested water rights. The Applicants also request a determination that the

Subject Wells described herein can be operated for the requested uses without curtailment so long as out-

of-priority stream depletions are replaced as proposed herein. The Applicants further request the entry of

an Order directing the State Engineer to issue well permits, or replacement well permits as may be required,

for the Subject Wells for the uses described in this Application and pursuant to the augmentation plan

decreed pursuant to this Application. (11 pgs., 2 Exhibits).

20CW3108 Town of Alma, Colorado, c/o Nancy Comer, Town Administrator, 59 E. Buckskin, P.O.

Box 1050, Alma, CO 80420-1050, (719) 836-2712. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE AND TO MAKE PORTION OF WATER RIGHT ABSOLUTE IN

PARK COUNTY AND JEFFERSON COUNTY. 1. Name, address and telephone number of Applicant:

Town of Alma, Colorado, c/o Nancy Comer, Town Administrator, 59 E. Buckskin, P.O. Box 1050, Alma,

CO 80420-1050, (719) 836-2712. Attorneys for Applicant: Andrea L. Benson, #33176, Cynthia F. Covell,

#10169, Gilbert Y. Marchand, Jr., #19870, Alperstein & Covell, P.C., 1600 Broadway, Suite 1070, Denver,

CO 80202, phone: (303) 894-8191; fax: (303) 861-0420, alb@alpersteincovell.com;

cfc@alpersteincovell.com; gym@alpersteincovell.com. Application for Finding of Reasonable Diligence.

2. Name of Structure: Alma Town Pond 1. 3. Describe conditional water right (as to each structure)

including the following information from previous decree: a. Date of Original Decree: July 14, 2014; Case

No. 2012CW195; Court: District Court, Water Division 1. b. List all subsequent decrees awarding findings

of diligence: N/A. 4. Legal description of structure is as follows: SW1/4 SW1/4 of Section 2, Township 9

South, Range 78 West, of the 6th P.M. at a point 125 feet from the South Section line and 970 feet from the

West Section line. The Alma Town Pond 1 is shown on Figure 1. 5. Source: Boston Placer Ditch, located

on the South bank of Buckskin Creek at a point in the SE1/4 SW1/4 of Section 3, Township 9 South, Range

78 West of the 6th P.M., 1,080 feet from the South Section line and 2,380 feet from the West Section line.

Buckskin Creek is tributary to the Middle Fork of the South Platte River, which is tributary to the South

Platte River. The Alma Town Pond 1 will be filled at a rate not to exceed 1 c.f.s. Diversions to the Alma

Town Pond 1 will be curtailed if the CWCB’s instream flow water rights decreed in Case Nos. 80CW64,

80CW67, and W-8220-76 are calling. 6. Information regarding appropriation: a. Date of Appropriation:

August 7, 2012. b. How appropriation was initiated: Town Board of Trustees approval of resolution

authorizing Town staff to proceed with investigation of purchase of pond site and filing of water court

application seeking approval of an associated storage right. c. Date water applied to beneficial use: N/A. d.

Amount claimed and uses: 5.0 acre-feet, CONDITIONAL, for all municipal uses, including but not limited

to recreational, piscatorial, and augmentation, with right to fill and refill when in priority but subject to a

volumetric limit of 10.0 acre-feet annually. The Alma Town Pond 1 has not yet been constructed. When

constructed, the pond will be lined and will not intercept groundwater. 7. Names(s) and address(es) of

owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification

to any existing diversion or storage structure is or will be constructed or upon which water is or will be

stored, including any modification to the existing storage pool. The applicant must notify these persons that

the applicant is applying for this water right and certify to the Court that the applicant has done so by no

later than 14 days after filing this Application. The Alma Town Pond 1 is located on property owned by

Richard Poyner, 1232 Grand Ave, Canon City, 81212. Applicant is not seeking to construct any new

diversion structure, or to modify an existing diversion or storage structure upon which water will be stored,

or modify any existing storage pool. Therefore, no other landowners need be notified of this filing.

Application for Finding of Reasonable Diligence and to Make Portion of Water Right Absolute for

37

Exchange. 8. Name of exchange: Alma Exchange. 9. Describe conditional water right (as to each structure)

including the following information from previous decree: a. Date of Original Decree: July 14, 2014; Case

No. 2012CW195; Court: District Court, Water Division 1. b. List all subsequent decrees awarding findings

of diligence: N/A. 10. Exchange Reach: a. Upstream Termini: i. Alma Ditch and Reservoir, located on the

North bank of Buckskin Creek at a point whence the south quarter corner of Section 2, Township 9 South,

Range 78 West, bears South 62 degrees East 1580 feet. ii. Alma Water Works Reservoir, located in the

SW1/4 NE1/4 of Section 2, Township 9 South, Range 78 West of the 6th P.M. iii. Alma Town Pond 1 at a

point described in paragraph 4 above. b. Downstream Termini: i. Guiraud 3T Ditch, located on the South

bank of the Middle Fork of the South Platte River in the NE1/4, Section 8, Township 11 South, Range 76

West, 6th PM, Park County, Colorado, at a point whence the Northeast Corner of said Section 8 bears North

63º35’ East, 1,305 feet. ii. Cottage Grove Reservoir, located in the W1/2 NW1/4, Section 19, Township 9

South, Range 77 West of the 6th P.M., at a point whence the NW corner of said Section 19 bears

N.38º54’15”W a distance of 1471.405 feet. iii. Mountain Mutual Company: Any of the following locations:

(1) fully consumable water attributable to the Nickerson No. 2 Ditch, Parmalee No. 1 Ditch and Carruthers

No. 2 Ditch water rights as quantified and decreed in Case No. 00CW174. The Parmalee/Carruthers water

rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water

District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically,

the Parmalee/Carruthers water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch

No. 2 in the NW1/4 SE1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County,

Colorado; (2) fully consumable water attributable to the Slaght Ditch and Mack Nitch No. 2 water rights as

quantified and decreed in Case No. 03CW238; (3) fully consumable water stored in Lower Sacramento

Creek Reservoir pursuant to the decrees in Case Nos. 00CW74 and 03CW238. The Lower Sacramento

Creek Reservoir No. 1 is located in the NE1/4NW1/4 of Section 32 and the SE1/4 SW 1/4 of Section 29,

Township 9 South, Range 77 West, 6th P.M., Park County; (4) fully consumable water stored in Maddox

Reservoir pursuant to the decrees in Case Nos. 00CW74 and 03CW238; (5) water attributable to Guiraud

3T Ditch water right; and (6) fully consumable water attributable to Soda Lakes Reservoirs 1&2, the

Harriman Ditch and Warrior Ditch as quantified in Case No. 01CW293. The following table depicts the

exchange from points, exchange to points and the associated exchange rate for each reach.

Exchange to:

Alma Ditch

& Reservoir

and Alma

Town Ditch

Alma Town Pond 1

Boston Placer Ditch

Alma Water Works Reservoir

Alma Water Works

Supplemental Ditch

(Dolly Varden Cr)

Alma

Pipeline

(Sawmill Cr)

Exchange from:

0.09 cfs 0.09 cfs 0.09 cfs 0.09 cfs Guiraud 3T Ditch

Cottage Grove

Reservoir

0.5 cfs

0.5 cfs

0.5 cfs

0.5 cfs

Mountain Mutual

Reservoir Co.

0.5 cfs

0.5 cfs

0.5 cfs

0.5 cfs

11. Source of Water to be Exchanged: Water described in Paragraph 10(b) above. 12. Date of initiation of

appropriation: August 7, 2012. 13. Rate of exchange: 0.5 c.f.s., conditional. 14. Uses: All municipal uses,

including but not limited to augmentation, replacement, and exchange, including direct augmentation and

storage for later beneficial use. 15. Terms and Conditions. The exchange shall only be operated pursuant to

the terms and conditions described in the 12CW195 Decree. 16. Names(s) and address(es) of owner(s) or

reputed owners of the land upon which any new diversion or storage structure, or modification to any

existing diversion or storage structure is or will be constructed or upon which water is or will be stored,

including any modification to the existing storage pool. The applicant must notify these persons that the

38

applicant is applying for this water right and certify to the Court that the applicant has done so by no later

than 14 days after filing this Application. The exchange is operated in-stream and therefore no landowners

need be notified of the filing of the claim for diligence on this exchange. 17. 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 the previous diligence period: The

Alma town Pond 1 and Alma Exchange water rights are an integral part of Alma’s integrated municipal

water supply system, which provides water within the Town. Pursuant to C.R.S. §37-92-301(4)(b), when

an integrated system is composed of several features, as is the case here, work on one feature of the system

is considered in finding that reasonable diligence has been shown in the development of water rights for all

features of the entire system. As described below in paragraph 18, during the last diligence period, Alma

operated the Alma Exchange pursuant the Plan for Augmentation described in the 12CW195 Decree in

order to augment out of priority depletions within the Alma exchange reach. During this diligence period,

Alma’s staff spent also significant time maintaining, repairing and operating Alma’s water infrastructure,

including but not limited to: operation and maintenance of diversion structures, daily and monthly

accounting of diversions and meter readings. In addition, Alma expended legal fees for its water rights

counsel in the amount of approximately $3,000.00 during this diligence period to defend Alma’s water

rights, in cases filed by others when Alma determined that injury to its water rights could occur in the

absence of appropriate terms and conditions. Alma also expended approximately $5,750.00 on engineering

services provided by its water resource consulting engineers. During the diligence period, Alma entered

into the Intergovernmental Agreement for Sawmill Collection System Property Access and Water Right

Structure Inventory Analysis, dated March 28, 2019, and in connection therewith completed the Town of

Alma Sawmill Collection System Property Access and Water Right Structure Inventory Analysis, in

support of its Park County Land and Water Trust Fund 2019 Application. Alma seeks to improve the water

infrastructure at the Sawmill Collection System in order to improve it overall integrated water service

system. Alma expended approximately $1,200 in engineering fees to complete the study. 18. If claim to

make absolute in whole or in part: a. Date water applied to beneficial use: July 31, 2018. b. Amount: 0.09

c.f.s. c. Use: All municipal uses, including but not limited to augmentation, replacement, and exchange,

including direct augmentation and storage for later beneficial use. d. Attached hereto as Exhibits A and B

are diversion records and call records in support of this claim to make the Alma Exchange absolute, in part.

e. Description of place of use where water is applied to beneficial use. With the approval and authorization

of the water commissioner, Applicant’s interest in the Guiraud 3T Ditch water right was exchanged to the

Alma depletion reach (ID No. 2058) to augment out of priority depletions pursuant to the decreed Plan for

Augmentation. (7 Pages plus Exhibits)

20CW3109 Arnusch Land Company LLC, a Colorado limited liability company, 33521 CR 16

Keenesburg, CO 80643, (303) 732-4074, marc@arnuschfarms.com. APPLICATION FOR

DETERMINATION OF UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND

NOT NONTRIBUTARY SOURCES IN THE LOWER ARAPAHOE AND LARAMIE-FOX

HILLS AQUIFERS IN WELD COUNTY. Serve all pleading on: Steven O. Sims, Reg. No. 9961 and

Michael P. Smith, Reg. No. 48730, BROWNSTEIN HYATT FARBER SCHRECK, LLP, 410 Seventeenth Street,

Suite 2200, Denver, CO 80202-4432, Phone: 303.223.1100, Fax: 303.223.1111, Email: ssims@bhfs.com;

msmith@bhfs.com. 2. Wells. Wells that will withdraw the groundwater sought to be decreed by this

Application have not yet been constructed, nor have applications for well permits been filed. Prior to

constructing any well to withdraw the subject groundwater, Applicant will apply to the State Engineer for

a permit to construct that well, and the Applicant requests that the Court require, as a condition of the decree

entered in this case, that well permits be issued upon application for any such wells in accordance with said

decree. 3. Description of Wells and Overlying Land. A. Parcel description information: The Application

consists of two parcels: Parcel 1 consists of 141 acres, more or less, in Weld County, located generally in

39

the SE1/4 of Section 23, Township 2 North, Range 64 West, of the 6th Principal Meridian (map attached).

A legal description of the subject parcel of land is attached hereto as Exhibit A. Parcel 2 consists of 81

acres, more or less, in Weld County, located generally in the E1/2 of the SW1/4 of Section 23, Township 2

North, Range 64 West, of the 6th Principal Meridian (map attached). A legal description of the subject

parcel of land is attached hereto as Exhibit A The parcels, jointly referred to as Frank’s Farm (“Subject

Property”), are contiguous and depicted on the map attached hereto as Exhibit B. B. Parcel ownership:

The claim of Applicant to the water underlying the Subject Property is based on ownership of the two

parcels as is evidenced by the deed attached hereto as Exhibit C. That Applicant owns the Subject Property

free and clear of all liens and encumbrances and no other person or entity has a financial interest in the

Subject Property. Accordingly, Applicant certifies compliance with the notice requirements of § 37-92-

302(2), C.R.S. C. This Application seeks a determination of its right to withdraw all ground water in the

Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property, as is determined to be

available in accordance with the Denver Basin Rules (2 CCR 402-6). The water underlying the Subject

Property in the Lower Arapahoe aquifer is "not nontributary groundwater" as defined in Sections 37-90-

103(10.7) and 37¬90-137(9)(c.5), C.R.S. and the water in the Laramie-FoxHills aquifer is "nontributary

groundwater" as described in 37-90-103(10.5), C.R.S. D. Estimated Amounts and Rates of Withdrawal:

The wells on the Subject Property will withdraw the subject amounts of groundwater at rates of flow

necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject

groundwater through wells completed in the same aquifer to be located at any location on the Subject

Property. Applicant waives any 600-foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells

located on the Subject Property. The estimated average annual amounts of withdrawal available from the

subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant,

based on the Colorado Division of Water Resources online aquifer determination tool, estimates the

following annual amounts are representative of the Lower Arapahoe and Laramie-Fox Hills aquifers

underlying the Subject Property (there are no cylinders of appropriation affecting the amounts available):

Parcel Number Aquifer

Bottom

Depth

Top

Depth Thickness

Annual

Approp. Source of

Water [ft] [ft] [ft] [ac-ft]

Arnusch Land Farm

Parcel 1

Lower Arapahoe 177 110 67 7.2 Not Non-

Tributary

Laramie-Fox

Hills 907 620 287 29.6

Non-

Tributary

Arnusch Land Farm

Parcel 2

Lower Arapahoe 203 114 89 4.8 Not Non-

Tributary

Laramie-Fox

Hills 944 649 295 18.1

Non-

Tributary The average annual amounts available for withdrawal from the subject aquifers will depend on the

hydrogeology and the legal entitlement of the Applicant and this Application represents a claim to all

nontributary and not nontributary groundwater within the above aquifers underlying the Subject Property.

Applicant requests the Court to determine that the allowed annual amount of withdrawals may exceed the

average annual amount of withdrawal of water so long as the total volume of water withdrawn from the

wells does not exceed the product of the number of years since the date or dates of issuance of any well

permit or the date of the decree entered in this case, whichever comes first, times the allowed average annual

amount of withdrawal, as provided in the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, Rule

8(A). The Court shall retain jurisdiction over this matter to provide for the adjustment of the annual

amounts of withdrawal allowed to conform to actual local aquifer characteristics (upward or downward)

from adequate information obtained from well drillings or test holes. E. Well Fields: Applicant requests

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that, with respect to each aquifer, the Court determine that Applicant has the right to withdraw all of the

legally available groundwater lying below the Subject Property, through the wells requested herein which

may be located anywhere on the Subject Property, and any additional wells which may be completed in the

future as Applicant’s well field. 4. Proposed Use: The groundwater that is the subject of the Application

will be used, re-used, successively used and otherwise disposed of for domestic, stock watering,

augmentation, replacement and industrial for oil and gas development, on or off the Subject Property. Said

water will be produced for immediate application to beneficial use, for storage and subsequent application

and beneficial use subject to the provisions of the Denver Basin Rules, 2 C.C.R. 402-6. 5. Jurisdiction: The

Water Court has jurisdiction over the subject matter of this Application pursuant to Section 37-92-302(2),

and 37-90-137(6), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: granting this

Application and specifically determining that Applicant has complied with Section 37-90-137(4), C.R.S.,

and that water is legally available for withdrawal and use as requested herein.

20CW3110, Obermeyer Hydro, Inc. c/o Henry Obermeyer P.O. Box 668 Fort Collins, CO 80522 (970)

568-9844 Please address all future correspondence and pleadings to: Daniel K. Brown, Whitney Phillips

Fischer, Brown, Bartlett & Gunn, P.C. 1319 East Prospect Road Fort Collins, CO 80522 (970) 407-9000

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PORTION OF

WATER RIGHT AABSOLUTE IN LARIMER COUNTY.1.Overview. With this Application, the

Applicant seeks a finding of reasonable diligence in perfecting the conditional water rights decreed in Water

Division One, Case No. 08CW85 (“Original Decree”) and to make a portion of those rights absolute. Those

conditional rights are an underground water right for the Obermeyer Well 1 and an appropriative right of

exchange (“Subject Water Rights”). 2.Original Decree. The Original Decree confirms Applicant’s

Augmentation Plan (“Obermeyer Plan”). That Original Decree confirmed conditional groundwater rights

for Obermeyer Well 1 (the “Well”). Applicant’s pumping of the Well takes place by operation of a

conditional appropriative right of exchange confirmed in the Original Decree. 3.Description of the Subject

Water Rights: a. Obermeyer Well No. 1-78327 (WDID 0305302) Location: NW1/4 of the NE1/4 of Section

2, Township 9 North, Range 69 West, 6th P.M., at a distance of 5 feet from the north section line and 2,224

feet from the east section line of said Section 2; Northing: 4514755.5, Easting:492903, NAD83, Zone 13.

The Well is depicted on Exhibit A to the Original Decree. Date of Appropriation: April 28, 2008. Amount

claimed: 50 gpm, conditional. Source: Ground water tributary to Box Elder Creek, a tributary to the Cache

la Poudre River Use: Commercial (including sanitary and hand washing), industrial, irrigation, and fire

protection. Depth: Approximately 35 feet. b. Appropriative Right of Exchange Description: Applicant’s

pumping of the Well takes place by operation of the exchange decreed in the Original Decree. The

exchange was completed within the alluvial aquifer, meaning that the exchange reach is within the aquifer

and there is no impact or injury to any vested water rights. To accomplish this exchange, Applicant delivers

water to an infiltration basin located on Applicant’s property in close proximity to the Well. This infiltration

basin is located in the NW1/4 of the NE1/4 of Section 2, Township 9 North, Range 69 West of the 6th P.M.,

in Larimer County, at a point approximately 400 feet south of the north section line and approximately 1900

feet west of the east section line of said Section 2. The infiltration basin is depicted on Exhibit A to the

Original Decree. Source of Substitute Supply: The source of water for the exchange is Colorado-Big

Thompson (“C-BT”) project water administered by the Northern Colorado Water Conservancy District.

Applicant currently owns three shares of water in the North Poudre Irrigation Company (“NPIC”), each of

which is comprised of 4 units of CBT water, meaning Applicant’s NPIC share ownership entitles it to the

delivery of 12 CBT units. These NPIC shares are delivered to the Property via the NPIC system. Exchange

Reach: The exchange reach extends from the point of diversion of the Well downgradient at all points

within the aquifer up to 6,150 feet from the Well. Amount Claimed: 50 gpm, conditional. Date of

Appropriation: April 28, 2008. 4. Claim to Make Absolute: Obermeyer Well No. 1-78327 Date applied to

beneficial use: Numerous instances during the diligence period Amount: 32.6 gpm Uses: Water pumped

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from the Well was used for all of the decreed beneficial purposes of commercial (including sanitary and

hand washing), industrial, irrigation and fire protection. Appropriative Right of Exchange: Date first

operated: Numerous instances during the diligence period Amount: 32.6 gpm Uses: Water diverted under

this exchange was used for all of the decreed beneficial purposes of commercial (including sanitary and

hand washing), industrial, irrigation and fire protection. 5. Claim to Continue Remaining Conditional Right:

The Applicant seeks to continue as conditional the remaining 17.4 gpm for the Well water right and the

Appropriative Right of Exchange for all of the decreed beneficial purposes of commercial (including

sanitary and hand washing), industrial, irrigation and fire protection. In the event that all or any portion of

the amount claimed as absolute above in paragraph 5 is determined to not be absolute, Applicant seeks to

have that amount remain as conditional. Detailed outline of diligence activities. In addition to the actual

beneficial use described in paragraph 5 above, since the original decree was entered in this case, Applicant

has been diligent in developing the subject water rights. In addition to the time and expenses incurred

operating the Obermeyer Plan during the diligence period, the Applicant has acquired a new well permit

(Permit No. 78327-F) consistent with the Original Decree. Applicant has paid roughly $3,500 in legal fees

and has paid nearly $15,000 to Northern Colorado Water Association for water and fees. Applicant has also

paid more than $10,000 for maintenance of the Well. The Applicant may offer additional and/or

supplemental diligence information at trial in this case. 6. Owners of Land. This Application does not

involve any new diversion or storage structure, or modification to any existing diversion or storage

structure. (5 pages)

20CW3111 (2013CW11, 2004CW364) COLORADO DIVISION OF PARKS AND WILDLIFE AND

THE PARKS AND WILDLIFE COMMISSION, 6060 Broadway, Denver, CO 80216 (Please address

all correspondence and inquiries regarding this matter to Ema I. G. Schultz 720-508-6307, Office of

the Attorney General, 1300 Broadway, 7th Floor, Denver, CO 80203.) Application to Make Water Rights

Absolute and for Findings of Reasonable Diligence, in LARIMER COUNTY. 1. Name, mailing address,

e-mail address, and telephone number of Applicant: Colorado Division of Parks and Wildlife (“CPW”);

Attn: Ed Perkins, Water Rights Administrator; 6060 Broadway; Denver, Colorado 80216; 303-291-7466;

ed.perkins@state.co.us. 2. Description of structures and conditional water rights: A. Poudre Hatchery

Pipeline Diversion. i. Original Decree: January 4, 2007, Case No. 04CW364, District Court, Water

Division 1. ii. Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii. Legal Description: The point of

diversion for the Poudre Hatchery Pipeline Diversion is located in the NW 1/4 of the SW1/4 of Section 32,

Township 9 North, Range 74 West of the 6th Principal Meridian, approximately 2,489 feet from the South

section line and approximately 620 feet from the West section line. The point of diversion for the Poudre

Hatchery Pipeline Diversion is depicted on the map, attached hereto as Exhibit A. iv. Source: Cache La

Poudre River. v. Date of Appropriation: November 3, 2004. vi. Amount: 13.5 cfs, absolute (for fish

culture), 26 cfs, conditional. vii. Use: Fish culture, augmentation, replacement and exchange. viii. Remarks:

13.5 cfs of the Poudre Hatchery Pipeline Diversion water right was decreed absolute for fish culture uses

in Case No. 13CW11. B. Inlet Supply Pond Diversion. i. Original Decree: January 4, 2007, Case No.

04CW364, District Court, Water Division 1. ii. Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii.

Legal Description: The point of diversion for the Inlet Supply Pipeline is located in the SW1/4 of the

NW1/4 of Section 32, Township 9 North, Range 74 West of the 6th P.M., approximately 2,543 feet from

the North section line and approximately 579 feet from the West section line. The point of diversion for

the Inlet Supply Pond Diversion is depicted on the map, attached hereto as Exhibit A. iv. Source: Cache

La Poudre River. v. Date of Appropriation: December 31, 1948 for fish culture, December 30, 2004 for

augmentation, replacement and exchange. vi. Amount: 31 cfs, absolute (for fish culture), conditional (for

augmentation, replacement and exchange). vii. Use: Fish culture, augmentation, replacement and

exchange. viii. Remarks: The Inlet Supply Pond Diversion water right was decreed absolute in the amount

of 31 cfs for fish culture uses in Case No. 04CW364. C. Inlet Supply Pond (aka Zimmerman Fish Pond

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#1). i. Original Decree: January 4, 2007, Case No. 04CW364, District Court, Water Division 1. ii.

Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii. Legal Description: The SW1/4 of the NW1/4

and the NW1/4 of the SW1/4 of Section 32, Township 9 North, Range 74 West of the 6th P.M., and the

center of the pond is approximately 2,475 feet from the South section line and approximately 897 feet from

the West section line. The Inlet Supply Pond is depicted on the map, attached hereto as Exhibit A. iv.

Source: Cache La Poudre River. v. Date of Appropriation: December 31, 1948 for fish culture and

December 30, 2004 for augmentation, replacement and exchange. vi. Amount: 16 acre-feet with a

maximum rate of diversion of 31 cfs, absolute (for fish culture), conditional (for augmentation, replacement

and exchange). vii. Use: Fish culture, augmentation, replacement and exchange. viii. Remarks: The Inlet

Supply Pond water right was decreed absolute in the amount of 16 acre-feet with a maximum diversion rate

of 31 cfs for fish culture purposes in Case No. 04CW364. D. Poudre Hatchery Fish Pond 1. i. Original

Decree: January 4, 2007, Case No. 04CW364, District Court, Water Division 1. ii. Subsequent Decrees:

July 2, 2014, Case No. 13CW11. iii. Legal Description: The NE1/4 of the SW1/4 of Section 32, Township

9 North, Range 74 West of the 6th P.M., and the center of the pond is approximately 1,521 feet from the

South section line and 2,601 feet from the West section line. The Poudre Hatchery Fish Pond 1 is depicted

on the map, attached hereto as Exhibit A. iv. Source: Cache La Poudre River. v. Date of Appropriation:

December 31, 1948 for fish culture and December 30, 2004 for augmentation, replacement and exchange.

vi. Amount: 1.7 acre-feet with a maximum rate of diversion of 31 cfs, absolute (for fish culture), conditional

(for augmentation, replacement and exchange). vii. Use: Fish culture, augmentation, replacement and

exchange. viii. Remarks: The Poudre Hatchery Fish Pond 1 water right was decreed absolute in the amount

of 1.7 acre-feet with a maximum diversion rate of 31 cfs for fish culture purposes in Case No. 04CW364.

E. Poudre Hatchery Settling Pond 1. i. Original Decree: January 4, 2007, Case No. 04CW364, District

Court, Water Division 1. ii. Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii. Legal Description:

The NW1/4 of the SE1/4 of Section 32, Township 9 North, Range 74 West of the 6th P.M., and the center

of the pond is approximately 1,889 feet from the South section line and 2,189 feet from the East section

line. The Poudre Hatchery Settling Pond 1 is depicted on the map, attached hereto as Exhibit A. iv. Source:

Cache La Poudre River. v. Date of Appropriation: December 31, 1948 for fish culture and December 30,

2004 for augmentation, replacement and exchange. vi. Amount: 3.6 acre-feet with a maximum rate of

diversion of 31 cfs, absolute (for fish culture), conditional (for augmentation, replacement and exchange).

vii. Use: Fish culture, augmentation, replacement and exchange. viii. Remarks: The Poudre Hatchery

Settling Pond 1 water right was decreed absolute in the amount of 3.6 acre-feet with a maximum diversion

rate of 31 cfs for fish culture purposes in Case No. 04CW364. F. Poudre Well No. 1. i. Original Decree:

January 4, 2007, Case No. 04CW364, District Court, Water Division 1. ii. Subsequent Decrees: July 2,

2014, Case No. 13CW11. iii. Legal Description: Poudre Well No. 1 will be located within 100 feet of the

river in the NE1/4 of the SW1/4 of Section 32, Township 9 North, Range 74 West of the 6th P.M.,

approximately 1,820 feet from the South section line and approximately 2,220 feet from the West section

line. iv. Source: Alluvial aquifer (tributary to the Cache La Poudre River). v. Date of Appropriation: April

21, 2003. vi. Amount: 500 gpm, conditional. The total combined pumping of all wells decreed in Case

No. 04CW364 and referenced in Paragraphs 2.F. to 2.L. is not to exceed 1,000 gpm. vii. Use: Fish culture.

viii. Depth: This well is not yet constructed. G. Poudre Well No. 2. i. Original Decree: January 4, 2007,

Case No. 04CW364, District Court, Water Division 1. ii. Subsequent Decrees: July 2, 2014, Case No.

13CW11. iii. Legal Description: Poudre Well No. 2 will be located in the NE1/4 of the SW1/4 of Section

32, Township 9 North, Range 74 West of the 6th P.M., approximately 2,045 feet from the South section

line and approximately 2,242 feet from the West section line. iv. Source: Alluvial aquifer (tributary to the

Cache La Poudre River). v. Date of Appropriation: April 21, 2003. vi. Amount: 500 gpm, conditional.

The total combined pumping of all wells decreed in Case No. 04CW364 and referenced in Paragraphs 2.F.

to 2.L. is not to exceed 1,000 gpm. vii. Use: Fish culture. viii. Depth: This well is not yet constructed.

H. Poudre Well No. 3. i. Original Decree: January 4, 2007, Case No. 04CW364, District Court, Water

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Division 1. ii. Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii. Legal Description: Poudre Well

No. 3 is located within 100 feet of the river in the NW1/4 of the SE1/4 of Section 32, Township 9 North,

Range 74 West of the 6th P.M., approximately 1,462 feet from the South section line and approximately

1,791 feet from the East section line. The Poudre Well No. 3 is depicted on the map, attached hereto as

Exhibit A. iv. Source: Alluvial aquifer (tributary to the Cache La Poudre River). v. Date of Appropriation:

April 21, 2003. vi. Amount: 178 gpm absolute, 322 gpm, conditional. The total combined pumping of all

wells decreed in Case No. 04CW364 and referenced in Paragraphs 2.F. to 2.L. is not to exceed 1,000 gpm.

vii. Use: Fish culture. viii. Depth: 70 feet. ix. Remarks: 178 gpm of the Poudre Hatchery Well No. 3

water right was made absolute for fish culture uses in Case No. 13CW11. I. Poudre Well No. 3b. i. Original

Decree: January 4, 2007, Case No. 04CW364, District Court, Water Division 1. ii. Subsequent Decrees:

July 2, 2014, Case No. 13CW11. iii. Legal Description: Poudre Well No. 3b is located within 100 feet of

the river in the NW1/4 of the SE1/4 of Section 32, Township 9 North, Range 74 West of the 6th P.M.,

approximately 1,508 feet from the South section line and approximately 1,807 feet from the East section

line. The Poudre Well No. 3b is depicted on the map, attached hereto as Exhibit A. iv. Source: Alluvial

aquifer (tributary to the Cache La Poudre River). v. Date of Appropriation: April 21, 2003. vi. Amount:

126 gpm, absolute, 374 gpm, conditional. The total combined pumping of all wells decreed in Case No.

04CW364 and referenced in Paragraphs 2.F. to 2.L. is not to exceed 1,000 gpm. vii. Use: Fish culture.

viii. Depth: 80 feet. ix. Remarks: 126 gpm of the Poudre Hatchery Well No. 3b water right was made

absolute for fish culture uses in Case No. 13CW11. J. Poudre Well No. 4. i. Original Decree: January 4,

2007, Case No. 04CW364, District Court, Water Division 1. ii. Subsequent Decrees: July 2, 2014, Case

No. 13CW11. iii. Legal Description: Poudre Well No. 4 will be located within 100 feet of the river in the

NW1/4 of the SE1/4 of Section 32, Township 9 North, Range 74 West of the 6th P.M., approximately 1,480

feet from the South section line and approximately 2,210 feet from the East section line. iv. Source:

Alluvial aquifer (tributary to the Cache La Poudre River). v. Date of Appropriation: April 21, 2003. vi.

Amount: 500 gpm, conditional. The total combined pumping of all wells decreed in Case No. 04CW364

and referenced in Paragraphs 2.F. to 2.L. is not to exceed 1,000 gpm. vii. Use: Fish culture. viii. Depth:

This well is not yet constructed. K. Poudre Well No. 5. i. Original Decree: January 4, 2007, Case No.

04CW364, District Court, Water Division 1. ii. Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii.

Legal Description: Poudre Well No. 5 will be located within 100 feet of the river in the NW1/4 of the

SE1/4 of Section 32, Township 9 North, Range 74 West of the 6th P.M., approximately 1,340 feet from the

South section line and approximately 2,770 feet from the East section line. iv. Source: Alluvial aquifer

(tributary to the Cache La Poudre River). v. Date of Appropriation: April 21, 2003. vi. Amount: 500

gpm, conditional. The total combined pumping of all wells decreed in Case No. 04CW364 and referenced

in Paragraphs 2.F. to 2.L. is not to exceed 1,000 gpm. vii. Use: Fish culture. viii. Depth: This well is not

yet constructed. L. Poudre Well No. 6. i. Original Decree: January 4, 2007, Case No. 04CW364, District

Court, Water Division 1. ii. Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii. Legal Description:

Poudre Well No. 6 will be located within 100 feet of the river in the NE1/4 of the SW1/4 of Section 32,

Township 9 North, Range 74 West of the 6th P.M., approximately 1,473 feet from the South section line

and approximately 2,547 feet from the West section line. iv. Source: Alluvial aquifer (tributary to the

Cache La Poudre River). v. Date of Appropriation: April 21, 2003. vi. Amount: 500 gpm, conditional.

The total combined pumping of all wells decreed in Case No. 04CW364 and referenced in Paragraphs 2.F.

to 2.L. is not to exceed 1,000 gpm. vii. Use: Fish culture. viii. Depth: This well is not yet constructed.

M. Poudre Hatchery Direct Exchange. i. Original Decree: January 4, 2007, Case No. 04CW364, District

Court, Water Division 1. ii. Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii. Legal Description:

a. Exchange From Point: Headgate of the Poudre Valley Canal located on the east bank of the Cache La

Poudre River at a point from whence the southeast corner of Section 10, Township 8 North, Range 70 West

of the 6th P.M., Larimer County bears south a distance of 590 feet and east a distance of 4,900 feet. b.

Exchange To Points: 1. Poudre Hatchery Pipeline Diversion, as more specifically described above in

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Paragraph 2.A. 2. Poudre Hatchery Inlet Supply Pond Diversion, as more specifically described above in

Paragraph 2.B. iv. Date of Appropriation: December 30, 2004. v. Amount: Annual total of 16 acre-feet

with a maximum rate of 1.35 cfs, conditional. vi. Remarks: The Exchange To points are depicted on the

map, attached hereto as Exhibit A. The Exchange From point is identified on the map, attached hereto as

Exhibit B. The Poudre Hatchery Direct Exchange shall not operate if the operation of the exchange would

result in a reduction of flows below 50 cfs in the Poudre River at the Watson Lake Intake (the point at which

water is diverted into Watson Lake from the Poudre River) during the period of April 15 through October

14 or below 25 cfs during the period of October 15 through April 14. N. The Watson Lake/Poudre Hatchery

Exchange. i. Original Decree: January 4, 2007, Case No. 04CW364, District Court, Water Division 1. ii.

Subsequent Decrees: July 2, 2014, Case No. 13CW11. iii. Legal Description: a. Exchange From Point:

Watson Lake Outlet located in the NW1/4, Section 30, Township 8 North, Range 69 West of the 6th P.M.,

at a point from whence the west quarter corner of Section 30, Township 8 North, Range 69 West of the 6th

P.M. bears South 65°54’52” West a distance of 1,096 feet. b. Exchange To Points: 1. Poudre Hatchery

Pipeline Diversion, as more specifically described above in Paragraph 2.A. 2. Poudre Hatchery Inlet Supply

Pond Diversion, as more specifically described above in Paragraph 2.B. iv. Date of Appropriation:

December 30, 2004. v. Amount: Annual total of 16 acre-feet with a maximum rate of 31 cfs, conditional.

vi. Remarks: The Exchange To points are depicted on the map, attached hereto as Exhibit A. The Exchange

From point is identified on the map, attached hereto as Exhibit B. The Watson Lake/Poudre Hatchery

Exchange shall not operate if the operation of the exchange would result in a reduction of flows below 50

cfs in the Poudre River at the Watson Lake Intake (the point at which water is diverted into Watson Lake

from the Poudre River) during the period of April 15 through October 14 or below 25 cfs during the period

of October 15 through April 14. 3. Claims to Make Portions of Certain Water Rights Absolute. A.

Inlet Supply Pond (aka Zimmerman Fish Pond #1), described in paragraph 2.C. i. Date Water Applied to

Beneficial Use: December 30, 2004. ii. Amount: 16 acre-feet. iii. Uses: Augmentation, replacement and

exchange. iv. Description of place of use where water is applied to beneficial use: Beneficial use occurs

within the pond as described in paragraph 2.C. v. Remarks: “A decreed conditional water storage right

shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has

been captured, possessed, and controlled at the decreed storage structure.” § 37-92-301(4)(e), C.R.S.

(2019). B. Poudre Hatchery Fish Pond 1, described in paragraph 2.D. i. Date Water Applied to Beneficial

Use: December 30, 2004. ii. Amount: 1.7 acre-feet. iii. Uses: Augmentation, replacement and exchange.

iv. Description of place of use where water is applied to beneficial use: Beneficial use occurs within the

pond as described in paragraph 2.D. v. Remarks: “A decreed conditional water storage right shall be made

absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured,

possessed, and controlled at the decreed storage structure.” § 37-92-301(4)(e), C.R.S. (2019). C. Poudre

Hatchery Settling Pond, described in paragraph 2.E. i. Date Water Applied to Beneficial Use: December

30, 2004. ii. Amount: 3.6 acre-feet. iii. Uses: Augmentation, replacement and exchange. iv. Description

of place of use where water is applied to beneficial use: Beneficial use occurs within the pond as described

in paragraph 2.E. v. Remarks: “A decreed conditional water storage right shall be made absolute for all

decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and

controlled at the decreed storage structure.” § 37-92-301(4)(e), C.R.S. (2019). 4. Claim for a finding of

reasonable diligence: The conditional water rights described in paragraph 2 are referred to as the “Poudre

Hatchery Conditional Water Rights.” The Poudre Hatchery Pipeline Diversion, paragraph 2.A, Inlet Supply

Pond Diversion, paragraph 2.B, Inlet Supply Pond (aka Zimmerman Fish Pond #1), paragraph 2.C, Poudre

Hatchery Fish Pond 1, paragraph 2.D, Poudre Hatchery Settling Pond 1, paragraph 2.E, Poudre Well No.

3, paragraph 2.H, and Poudre Well No. 3b, paragraph 2.I, have all been constructed and are operational.

The diligence period for the Poudre Hatchery Conditional Water Rights is July 2014 through July 2020. 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 the previous

45

diligence period follows: A. Between 2015 to 2018, CPW constructed a second hatchery isolation unit for

the purposes of hatching and rearing fish. The total cost over this period was $140,000. B. In 2015, CPW

completed dike and infrastructure repair on the Inlet Supply Pond. A keyway in was installed to mitigate

seepage and water loss. The total cost was $20,200. C. In 2016, CPW performed emergency and

maintenance repairs on Well 3b. The total estimated cost was $7,000 to $10,000. D. In 2017, CPW

performed emergency repairs on the hatchery raceway and associated infrastructure. The total estimated

cost was $5,000 to $10,000. E. In 2019, CPW performed comprehensive rehabilitation and upgrade repairs

for Well 3. The total cost was $20,995. F. In 2020, CPW installed Variable Frequency Drives for Wells 3

and 3b. The total cost was $19,700. G. In addition, CPW maintains 4 full time positions at the Poudre

State Fish Unit dedicated to operations and maintenance of CPW’s water rights and associated

infrastructure. 5. Alternative Claim for Finding of Reasonable Diligence: CPW claims to make several

of the Poudre Hatchery Conditional Water Rights absolute by this application. In the event the Court

declines to make any of the claimed rights absolute, CPW requests the Court enter a finding of diligence

and continue the conditional water rights, in their entirety, based upon the actions set forth in Paragraph 4

above. 6. Integrated Water Supply System: The water court found the Poudre Hatchery Conditional

Water Rights constitute an integrated water supply system designed to provide a sufficient and reliable

water supply at the Poudre State Fish Unit in Case No. 13CW11. “When a project or integrated system is

comprised of several features, work on one feature of the project or system shall be considered in finding

that reasonable diligence has been shown in the development of water rights for all features of the entire

project or system” § 37-92-301(4)(b), C.R.S. (2019). 7. Name of owners of land upon which structures

are located: All structures listed above are located on land owned by the Applicant. WHEREFORE, CPW

respectfully requests this Court enter a decree finding that CPW has made a portion of the subject water

rights absolute and exercised reasonable diligence in the development of the remaining conditional water

rights, and to continue the remaining conditional water rights in full force as decreed, and for such other

relief as this Court deems just and proper. Number of pages of application: 12.

20CW3112 BRUCE RICCI, PO Box 610, Parker, CO, 80134. Frederick A. Fendel, III, Eric K. Trout,

Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. Application for

Underground Water Rights From Nontributary and Not Nontributary Sources and Approval of Plan for

Augmentation, in the Nontributary Lower Dawson, Denver, Arapahoe And Laramie-Fox Hills Aquifers

and the Not Nontributary Upper Dawson Aquifer in ELBERT COUNTY. Subject Property: 35.1 acres

generally located in the NE1/4, Section 5, Township 9 South, Range 64 West of the 6th P.M., Hamilton

Rezone, Lot A, also known as 29684 County Road 17-21, Elizabeth, CO, 80107, as shown on Exhibit A

(“Subject Property”). Source of Water Rights: The Upper Dawson aquifer is not nontributary as defined

in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers

are nontributary as defined in C.R.S. § 37-90-103(10.5). Estimated Amounts: Applicant estimates the

following annual amounts may be available for withdrawal: Upper Dawson – 10.32 af/yr (NNT); Lower

Dawson – 7.36 af/yr (NT); Denver – 14.70 af/yr (NT); Arapahoe – 12.20 af/yr (NT); Laramir-Fox Hills –

11.65 af/yr (NT). Proposed Uses: Domestic, commercial, irrigation, stockwatering, fire protection, and

augmentation purposes, including storage, both on and off the Subject Property. Jurisdiction: The Court

has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), 37-92-

203(1), 37-92-302(2). Summary of Plan for Augmentation: Groundwater to be Augmented:

Approximately 10.32 acre-feet per year of Upper Dawson aquifer groundwater. Water Rights to be Used

for Augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct

discharge of nontributary groundwater. Statement of Plan for Augmentation: The Upper Dawson aquifer

groundwater will be used for domestic purposes, including in-house use, irrigation, commercial,

stockwatering, and fire protection, through one or more wells, both on and off the Subject Property.

Applicant reserves the right to amend the amount and uses without amending the application or republishing

46

the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems. Return

flow from in-house use will be approximately 90% of that use, and return flow from outside irrigation use

will be approximately 15% of that use. During pumping Applicant will replace actual depletions pursuant

to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Running Creek stream system and return flows

accrue to that creek system and are sufficient to replace actual depletions while the subject groundwater is

being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject

Property to meet post pumping augmentation requirements. Applicants request the court approve the above

underground water rights, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is

legally available for withdrawal, find there will be no material injury to the owners of or persons entitled

to use water under any vested water right or decreed conditional water right, and grant such other and further

relief as is appropriate. 4 pages.

20CW3113 Lazy D Grazing Association (hereinafter “Lazy D”). C/O Lawrence Jones Custer Grasmick

LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, (70-622-8181. APPLICATION FOR

NONTRIBURY UNDERGROUND WATER RIGHTS FROM THE UPPER LARAMIE AQUIFER IN

WELD COUNTY. 2. Description of Application: Applicant files this application pursuant to C.R.S. 37-

92-203 for determination of rights to non-tributary groundwater located outside of a designated basin. Lazy

D is a grazing association formed in 1964. It owns over 24,000 acres of land in northern Weld County

generally located north of Nunn along Highway 85 and the Colorado-Wyoming State Line as more

particularly described in paragraph 5.b and Exhibit A (hereinafter “The D”). This application seeks a

determination of rights to non-tributary groundwater located in the Upper Laramie aquifer underlying The

D. The Upper Laramie aquifer underlying The D consists of that upper portion of the Laramie formation

located within the Cheyenne Basin. The saturated thickness of the Upper Laramie aquifer beneath The D

generally ranges from 650 to 825 feet. 2. Background. (a) In Case No. 11CW275, Total Water Resources

obtained a determination of rights to non-tributary groundwater within the Upper Laramie aquifer

underlying the Terry Bison Ranch. The Terry Bison Ranch is located directly west and adjacent to The D.

Lazy D’s engineering consultants have reviewed available information regarding the Upper Laramie

formation, have conducted pumping tests and constructed a model in connection with their investigation of

the Upper Laramie aquifer underlying The D. Based on their analysis, they have determined that

groundwater withdrawn therefrom is nontributary as defined in C.R.S. 37-90-103(10.5). As such, any wells

withdrawing such ground water will not, within one hundred years of continuous withdrawal, deplete the

flow of a natural stream, including a natural stream as defined in sections 37-82-101(2) and 37-92-

102(1)(b), C.R.S., at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal.

(b) Lazy D seeks only a determination of the Upper Laramie’s nontributary status underling The D and not

of any other underlying aquifer. 4. Jurisdiction. The Water Court has jurisdiction over the subject matter

of this application pursuant to sections 37-92-302(2) and 37-90-137(6), C.R.S. The D is located outside

any designated groundwater basin, and thus, Lazy D wells would divert only nontributary groundwater

located outside the boundaries of any designated groundwater basins. 5. Property Description, Well

Locations and Estimated Depth of Wells. (a) Well Locations. Wells will be constructed on The D at

locations determined at the time Lazy D constructs the wells necessary to withdraw groundwater pursuant

to the Decree to be entered herein. Lazy D will apply for and obtain well permits as necessary from the

State Engineer’s office prior to constructing the wells. (b) Property Description. The wells will withdraw

ground water from the Upper Laramie aquifer underlying the D, consisting of 24,000 acres, more or less,

and generally described as follows (see also Exhibit A):

Parcel No Legal Description

20506000002 14924 L3-4 W2W2 & E2SW4 & W2SE 4 6 11 65 (5S)

20301000007 19635 ALL 1 11 66

47

Parcel No Legal Description

20302000001 19636 ALL 2 11 66

20303000004 19637 ALL 3 11 66

20304000005 19639 E2 & E2W2 4 11 66

20304000001 19641 W2W2 4 11 66

20305300016 ALL 5-11-66 EXC BEG 1321'E & S0D06'E 705.5' OF NW COR SEC S0D06'E

1939' N89D50'E 2600' N02D59'E 1931.8' N89D54'W 1265.8' W1438' TO BEG

ALSO EXC BEG SE COR SEC N89D42'W 682.32' TO TRUE POB N89D42'W

600.74' TO E LN HWY 85 N03D08'E 1920.78' S86D52'E 697.45' S01D01'W

383.37' S10D19E 589.61' N86D52'W 248.74' S03D08'W 934.39' TO BEG ALSO

EXC PT SE4 BEG S35D14'W 3206' FROM NE4 THENCE N89D44'E 500'

S02D52'W 500' S89D44'W 500' N02D52'E 500' TO POB ALSO EXC SUB

EXEMPT SE-909 ALSO EXC BEG COMM S4 COR SEC 5 S89D52E 253.27'

N00D07E 581.84' TO POB N02D58E 1338.14' S76D57E 125.46' S83D52E 615.11'

S02D58W 307.13' S87D01E 50' S02D58W 16' N87D01W 50' S02D58W 884.94'

S87D01E 50' S02D58W 20' N87D01W 50' S02D58W 25' N87D01W 850' TO POB

(30R)

20306400002 19644 SE4 6 11 66

20306000001 19643 N2/SW4 6 11 66

20307000003 19645 ALL 7 11 66

20308200004 19647 NW4 8 11 66 (4R)

20308000005 19646 NE4/S2 8 11 66 EXC TR 5 (12R)

20309000002 19649 ALL 9 11 66

20310100006 NW4/E2 10-11-66

20311200002 19656 NW4 11 11 66

20311300003 19655 SW4 11 11 66

20311000004 19653 E2 11 11 66 EXC UND INT IN ALL MINS

20312000006 19657 N2/N2SE4/SE4SE4 12 11 66

20312300005 19658 SW4 & SW4SE4 12 11 66

20313000005 19660 W2 & NE4 13 11 66 (2R)

20314000001 19664 ALL 14 11 66 (4R)

20315400004 19666 SE4 15 11 66 (2R)

20315300005 19667 SW4/S2NW4 15 11 66 EXC OG&M (2R)

20316000001 19670A SEC 16 11 66 (3R)

20317000010 19671 ALL 17 11 66

20318000001 19673 N2/SE4 18 11 66 EXC TR 10

20318300002 19674 SW4 18 11 66

20320100007 19681A NE4 20 11 66

20321000002 19682 ALL 21 11 66 (4R)

20322000003 19683 ALL 22 11 66 (4R)

20323000002 19685 ALL 23 11 66 (4R)

20327000004 19690 ALL 27 11 66

20331000003 19700 ALL 31 11 66

20125000003 24246 ALL 25 11 67 (4R)

20126000002 24247 E2 26-11-67 EXC THAT PT CONVEYED TO WELD COUNTY FOR

WCR 126

48

Parcel No Legal Description

4730300002 15011 SW4 30 12 65 (3S)

4921200005 19719 PT 21 12 66 LYING W OF HWY EXC L1 ALSO EXC BEG ON COLO-

WYO BDRY LN AT PT FROM WHICH MILE POST 38 A GRADER BLADE

SET IN CONCRETE BEARS S89D02'W 435' N89D02'E 187.5 TO PT WHERE

COLO-WYO BDRY LN INTSECS E LN L2 S0D51'W 143.9' N87D31'W 141.9'

N24D13'W 110.8' N03D10'E 33.6' TO BEG (18R 15S)

4922100004 19721 ALL 22 12 66 IN COLO (4R 5S)

4923100002 19723 ALL 23 12 66 EXC UPRR RES

4924200008 PT SEC 24-12-66 LOT B REC EXEMPT RE-530 (2.25R 6S)

4924100006 19724 E2E2 24 12 66 (1R)

4925100004 19726 ALL 25 12 66 EXC UPRR RES (4R)

4926200001 19729 W2 26 12 66

4927100006 19730 ALL 27 12 66 EXC UPRR RES

4928200001 19732A W2NW4 28 12 66

4928300002 19731 PT W2SW4 28 12 66 LYING W OF HWY

4929100008 19736 ALL 29 12 66

4931100003 19737 ALL 31 12 66 (11L)

4932000004 19739 SE4/W2 32 12 66

4932100005 19738 NE4 32 12 66 (9R)

4933100004 19740 ALL 33 12 66

4934100005 19741 ALL 34 12 66

4935100002 19743 ALL 35 12 66

4936100003 19744 ALL 36 12 66

(c) Lazy D requests the right to construct wells anywhere on the described property to recover the

entire allowable annual amounts from the aquifer. (d) The estimated depth to the base of the aquifer will

vary depending on the location of each well on the property. Actual well completion depths will comply

with the well permit, but may vary depending on the topography and geology at each location. 6. Source of

water rights: The Upper Laramie aquifer. 7. Date of appropriation: Not applicable. 8. Right to ground

water. Lazy D seeks a decree for all nontributary ground water from the Upper Laramie Aquifer underlying

The D based on an aquifer life of 100 years. Pursuant to C.R.S. § 37-90-137(4), Lazy D may withdraw the

average annual amount as shown below without material injury to the vested rights of others. 9. Amount,

rate of withdrawal and beneficial use. (a) Average annual amount available: The average annual amount

of ground water available from the aquifer underlying Lazy D’s property is estimated as follows:

Upper

Laramie

Sandstone /

Siltstone

Thickness

(ft)

Volume

of Water

(Sandsto

ne /

Siltstone

) (AF)

Upper

Laramie

Claystone /

Shale

Thickness (ft)

Volume

of Water

(Clayston

e / Shale)

(AF) Section,

Twnshp

& Range Acre

Total

Upper

Laramie

Average

Amount

Sandstone /

Specific

yield

= 0.15

Average

Amount

Claystone /

Specific

yield =

0.07

Total

ULA

Vol of

Avg

Ann

ual

49

Thicknes

s (ft)

Siltstone =

74%

Shale = 26% Water

(AF)

WD

Amt

(AF)

30,

T12N,

R65W

155.3

7 826.00 611.24

14,245.3

9 214.76 2,335.73

16,581.

12

165.8

1

21,

T12N,

R66W

480.3

6 802.50 593.85

42,789.1

0 208.65 7,015.87

49,804.

97

498.0

5

22,

T12N,

R66W

638.4

1 796.67 589.53

56,454.4

0 207.13 9,256.49

65,710.

88

657.1

1

23,

T12N,

R66W

633.6

4 808.25 598.11

56,847.6

3 210.15 9,320.96

66,168.

59

661.6

9

24,

T12N,

R66W

615.2

6 809.88 599.31

55,309.6

4 210.57 9,068.79

64,378.

43

643.7

8

25,

T12N,

R66W

636.0

1 825.25 610.69

58,260.4

4 214.57 9,552.61

67,813.

06

678.1

3

26,

T12N,

R66W

317.5

9 781.00 577.94

27,532.4

0 203.06 4,514.32

32,046.

72

320.4

7

27,

T12N,

R66W

635.8

4 737.83 546.00

52,074.9

2 191.84 8,538.41

60,613.

33

606.1

3

28,

T12N,

R66W

107.1

1 715.13 529.19 8,501.99 185.93 1,394.02

9,896.0

1 98.96

29,

T12N,

R66W

638.2

2 749.00 554.26

53,061.3

7 194.74 8,700.15

61,761.

52

617.6

2

31,

T12N,

R66W

649.5

4 684.75 506.72

49,370.0

4 178.04 8,094.91

57,464.

95

574.6

5

32,

T12N,

R66W

635.7

4 693.25 513.01

48,920.3

9 180.25 8,021.18

56,941.

58

569.4

2

33,

T12N,

634.5

9 810.25 599.59

57,073.5

0 210.67 9,358.00

66,431.

50

664.3

2

50

R66W

34,

T12N,

R66W

634.2

3 797.00 589.78

56,108.1

1 207.22 9,199.71

65,307.

82

653.0

8

35,

T12N,

R66W

632.9

9 791.50 585.71

55,611.9

4 205.79 9,118.35

64,730.

29

647.3

0

36,

T12N,

R66W

633.0

3 824.00 609.76

57,899.7

1 214.24 9,493.47

67,393.

18

673.9

3

6, T11N,

R65W

312.8

8 747.50 553.15

25,960.4

1 194.35 4,256.57

30,216.

98

302.1

7

1, T11N,

R66W

637.6

6 779.75 577.02

55,190.5

9 202.74 9,049.27

64,239.

86

642.4

0

2, T11N,

R66W

636.9

2 741.75 548.90

52,440.0

0 192.86 8,598.27

61,038.

27

610.3

8

3, T11N,

R66W

639.0

2 792.83 586.70

56,236.4

0 206.14 9,220.74

65,457.

14

654.5

7

4, T11N,

R66W

642.8

0 720.375 533.08

51,399.1

2 187.30 8,427.60

59,826.

72

598.2

7

5, T11N,

R66W

463.4

9 615.75 455.66

31,678.9

6 160.10 5,194.21

36,873.

17

368.7

3

6, T11N,

R66W

653.0

2 681.00 503.94

49,362.4

7 177.06 8,093.67

57,456.

14

574.5

6

7, T11N,

R66W

643.5

7 755.75 559.26

53,988.2

3 196.50 8,852.12

62,840.

35

628.4

0

8, T11N,

R66W

641.1

3 769.50 569.43

54,761.4

4 200.07 8,978.90

63,740.

34

637.4

0

9, T11N,

R66W

640.5

0 805.50 596.07

57,267.1

2 209.43 9,389.74

66,656.

86

666.5

7

10,

T11N,

R66W

479.0

6 762.17 564.00

40,529.0

1 198.16 6,645.30

47,174.

30

471.7

4

11,

T11N,

R66W

638.0

6 691.00 511.34

48,939.8

4 179.66 8,024.37

56,964.

21

569.6

4

12,

T11N,

R66W

636.3

6 718.75 531.88

50,769.8

8 186.88 8,324.43

59,094.

32

590.9

4

13, 477.8 672.50 497.65 35,673.6 174.85 5,849.19 41,522. 415.2

51

T11N,

R66W

9 1 79 3

14,

T11N,

R66W

638.8

4 656.75 486.00

46,571.0

2 170.76 7,635.97

54,206.

99

542.0

7

15,

T11N,

R66W

400.4

4 704.75 521.52

31,325.0

6 183.24 5,136.18

36,461.

24

364.6

1

16,

T11N,

R66W

639.5

8 739.00 546.86

52,464.4

9 192.14 8,602.29

61,066.

77

610.6

7

17,

T11N,

R66W

643.0

4 751.50 556.11

53,640.0

1 195.39 8,795.03

62,435.

04

624.3

5

18,

T11N,

R66W

641.1

9 755.50 559.07

53,770.2

3 196.43 8,816.38

62,586.

62

625.8

7

20,

T11N,

R66W

160.4

5 734.00 543.16

13,072.7

2 190.84 2,143.45

15,216.

17

152.1

6

21,

T11N,

R66W

639.1

0 680.50 503.57

48,274.7

4 176.93 7,915.32

56,190.

06

561.9

0

22,

T11N,

R66W

641.8

4 651.50 482.11

46,415.9

3 169.39 7,610.54

54,026.

48

540.2

6

23,

T11N,

R66W

638.5

6 646.00 478.04

45,788.5

5 167.96 7,507.67

53,296.

23

532.9

6

27,

T11N,

R66W

641.7

8 696.75 515.60

49,634.6

2 181.16 8,138.29

57,772.

91

577.7

3

31,

T11N,

R66W

636.0

6 767.00 567.58

54,152.5

3 199.42 8,879.06

63,031.

60

630.3

2

25,

T11N,

R67W

640.5

1 741.75 548.90

52,736.1

2 192.86 8,646.82

61,382.

95

613.8

3

26,

T11N,

R67W

315.0

6 754.50 558.33

26,385.7

2 196.17 4,326.31

30,712.

03

307.1

2

52

Total

2409

7

Average

= 743.86

Average

= 550.45

1,988,49

0

Average =

193.40 326,041

2,314,5

30

23,14

5

(b) Final Amount. The final average annual amount available will depend on the actual hydrogeology

and the legal entitlement to all ground water in the aquifer(s) underlying The D. (c) Average Pumping

Rates. The average pumping rates for wells completed in the Upper Laramie Aquifer are expected to vary

from 50 gpm to 600 gpm. Lazy D requests that the pumping rates for each well be as great as necessary to

withdraw the full annual allocation of water from the Upper Laramie aquifer. (d) Well Fields. Lazy D has

the right to withdraw all legally available ground water in the Upper Laramie aquifer through any well(s)

permitted therein and any additional wells that may become part of Lazy D’s well field. Lazy D requests

that all wells completed into the same aquifer be treated as a well field. As wells are constructed, well

permit applications will be filed in accordance with C.R.S. § 37-90-137(10). (e) Proposed Uses: all

beneficial uses including but not limited to agricultural, domestic, municipal, stock watering, industrial,

and augmentation. The water may be stored, used and reused to extinction by Lazy D or others to whom

Lazy D may lease, sell, assign or otherwise provide the water. 10. Names and addresses of owners of the

land upon which any new or existing structure is or will be constructed: Lazy D owns the land upon which

the Lazy D well field will be located. See Exhibit A. 11. Additional remarks: (a) Lazy D requests the Court

enter a decree granting: (1) A quantification and adjudication of the ground water rights in the Upper

Laramie aquifer underlying The D to which Lazy D is entitled to develop and use; (2) The right to withdraw

more than the average annual amounts estimated in paragraph 9.a above pursuant to Rule 8A of the

Statewide Rules, 2 C.C.R. 402-7; and (3) The right to revise the initial estimate of the average annual

amounts available for withdrawal upward or downward, based on better or revised data, without the

necessity of amending this application or republishing the same. (b) The nature and extent of the water

rights claimed herein are defined by section 37-90-137(4), C.R.S., and the withdrawals sought are based

upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge,

underlying The D as shown on Exhibit A. 12. Names and addresses of owners of the land upon which any

new or existing structure is or will be constructed: Lazy D.

20CW3114 (02CW393) CITY OF LOVELAND, COLORADO, c/o Water Resources Manager, 200

N. Wilson Ave Loveland, Colorado 80537, Telephone: (970) 962-3703. APPLICATION FOR FINDING

OF REASONABLE DILIGENCE IN LARIMER AND WELD COUNTIES. Please send all pleadings

and correspondence to: Derek L. Turner, Assistant City Attorney, Loveland City Attorney’s Office, 500 E

3rd Street Suite 330, Loveland, CO 80537, Telephone: (970)962-2549, E-mail:

Derek.Turner@cityofloveland.org. 2. General Description of the Application. By the filing of this

Application, Loveland requests this Court find that Loveland has exercised reasonable diligence towards

the completion of the conditional appropriative rights of exchange decreed in Case No. 02CW393. 3.

General Description of the Conditional Rights of Exchange decreed in Case No. 02CW393. The reach of

the conditional appropriative rights of exchange extends from the outlet of the Ward Pit to the intake of the

Olympus Tunnel on the Big Thompson River. Within this exchange reach, water may be exchanged from

any of the Exchange-From Points described in paragraph 3.1 to any of the Exchange-To Points described

in paragraph 3.2. Maps that depict the locations of the exchange reach and the Exchange-To and Exchange-

From points are attached to this Application as Exhibits 1, 2, and 3 and incorporated herein by reference.

3.1. Exchange-From Points (from downstream to upstream): 3.1.1. Gravel Pits. Located adjacent to the Big

Thompson River upstream from the outfall of the Loveland Wastewater Treatment Plant (now known as

the Loveland Water Reclamation Facility) and downstream from the point of diversion for the Loveland

Pipeline as described below in paragraph 3.2.9. The gravel pits are listed below from downstream to

upstream. 3.1.1.1. Ward Pit. The center point of the pit is located in the NWl/4 of the SWl/4 of Section 19,

Township 5 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.1.1.2. Reichert Pit. The

53

center point of the pit is located in the SEI/4 of the SEl/4 of Section 24, Township 5 North, Range 69 West

of the 6th P.M., Larimer County, Colorado. 3.1.1.3. R&O Pit. The center point of the pit is located in the

SWl/4 of the SWl/4 of Section 19, Township 5 North, Range 68 West of the 6th P.M., Larimer County,

Colorado. 3.1.1.4. Brose Pit. The center point of the pit is located in the NWl/4 of the SEl/4 of Section 24,

Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. 3.1.1.5. Probasco Pit. The

center point of the pit is located in the NWl/4 of the SWl/4 of Section 24, Township 5 North, Range 69

West of the 6th P.M., Larimer County, Colorado. 3.1.1.6. Barnes Park Pond. The center point of the pond

is located in the SWl/4 of the NWl/4 of Section 24, Township 5 North, Range 69 West of the 6th P.M.,

Larimer County, Colorado. Loveland owns the pond. 3.1.1.7. CGRW Investments LLC Pond. The center

point of the pond is located in the NEl/4 of Section 23, Township 5 North, Range 69 West of the 6th P.M.,

Larimer County, Colorado. Loveland owns the pond. 3.1.1.8. River's Edge Natural Area Ponds. The ponds

are located in the Nl/2 of Section 23, Township 5 North, Range 69 West of the 6th P.M., Larimer County,

Colorado. Loveland owns the ponds. 3.1.1.9. Jayhawker Ponds. The ponds are located in the Wl/2 of the

NWl/4 of Section 15, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado.

Loveland owns the ponds. 3.1.1.10. Pond North of Loveland Service Center. The center point of the pond

is located in the NEl/4 of the SWl/4 of Section 15, Township 5 North, Range 69 West of the 6th P.M.,

Larimer County, Colorado. Loveland owns the pond. 3.1.1.11. Loveland Ready Mix Ponds. The ponds are

located in Sections 15, 16, and 23, Township 5 North, Range 69 West of the 6th P.M., Larimer County,

Colorado. 3.1.1.12. Marianna Butte Golf Course Ponds. The ponds are located in the Sections 17 and 18,

Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Loveland owns the ponds.

3.1.1.13. Morey Pond. The center point of Morey Pond was located in the NWl/4 of the NWl/4 of Section

17, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Loveland owns the

pond. Morey Pond no longer exists as a result of the September 2013 flooding and will be removed as an

Exchange-From point in the decree to be entered in this case. 3.2.Exchange-To Points (from downstream

to upstream): 3.2.1. Barnes Ditch (including the Big and Little Barnes Ditches). The headgate of the Barnes

Ditch is located on the north bank of the Big Thompson River in the NWl/4 of the NEl/4 of Section 17,

Township 5 North, Range 69 West of the 6th P.M. The Barnes Ditch has an alternate point of diversion in

Section 15, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. 3.2.2. Big

Thompson Ditch and Manufacturing Company. The point of diversion for the Big Thompson Ditch and

Manufacturing Company's ditch is located in the SEl/4 of the NWl/4 of the SWl/4 of Section 15, Township

5 North, Range 69 West of the 6th P.M. The point of diversion was changed in Case No. 81CW103, Water

Division 1 to a point on the south bank of the Big Thompson River approximately 1800 feet north of the

south quarter comer of the SWl/4 of Section 15, Township 5 North, Range 69 West of the 6th P.M., Larimer

County, Colorado. 3.2.3. George Rist Ditch (also known as the Buckingham Ditch). The point of diversion

for the George Rist Ditch is located on the Big Thompson River in the SWl/4 of the NEl/4 of Section 12,

Township 5 North, Range 70 West of the 6th P.M., Larimer County, Colorado. 3.2.4. Chubbuck Ditch. The

point of diversion for the Chubbuck Ditch is located on the Big Thompson River in the NEl/4 of the SWl/4

of Section 15, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. 3.2.5. Louden

Ditch. The point of diversion for the Louden Ditch is located on the Big Thompson River in the SWl/4 of

the NWl/4 of Section 12, Township 5 North, Range 70 West of the 6th P.M., Larimer County, Colorado.

3.2.6. South Side Ditch. The point of diversion for the South Side Ditch is located on the Big Thompson

River in the SWl/4 of the NWl/4 of Section 12, Township 5 North, Range 70 West of the 6th P.M., Larimer

County, Colorado. 3.2.7. Farmers Irrigating Canal (also known as the Farmers Ditch). The point of

diversion for the Farmers Ditch is located on the Big Thompson River, in the NWl/4 of the NEl/4 of Section

23, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. 3.2.8. Consolidated

Home Supply Ditch (also known as the Home Supply Ditch). The point of diversion for the Home Supply

Ditch is on the south side of the Big Thompson River in the SWl/4 of the SWl/4 of Section 2, Township 5

North, Range 70 West of the 6th P.M., Larimer County, Colorado. 3.2.9. Loveland Pipeline. The point of

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diversion for the Loveland Pipeline is on the north side of the Big Thompson River at a point in the NWl/4

of the SWl/4 of the SWl/4 of Section 2, Township 5 North, Range 70 West of the 6th P.M., Larimer County,

Colorado. This location is the north abutment of the diversion dam also used by the Consolidated Home

Supply Ditch headgate. 3.2.10. Dille Tunnel. The point of diversion for the Dille Tunnel is on the south

side of the Big Thompson River in the NWl/4 of the NWl/4 of Section 9, Township 5 North, Range 70

West of the 6th P.M., Larimer County, Colorado. 3.2.11. Olympus Tunnel. The point of diversion for the

Olympus Tunnel is at the outlet of Lake Estes at Olympus Dam located in the SEl/4 of the NWl/4 of Section

29, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado. 3.2.12. Loveland Electric

Park (now known as Viestenz-Smith Park). The point of diversion is located on either side of the Big

Thompson River at a point in the NEl/4 of the NWl/4 of Section 7, Township 5 North, Range 70 West of

the 6th P.M., Larimer County, Colorado. 3.3. Priority Date: December 30, 2002. 3.4. Amount: The

maximum rate of exchange for all exchanges operated pursuant to the Decree in Case No. 02CW393 shall

not exceed a total of 18.5 cubic feet per second (cfs). The combined maximum daily rate of exchange for

all exchanges decreed in this case and Case No. 02CW394 shall be limited to 75 cfs. The maximum

exchange rate in cfs for each exchange point is described in the Exchange Matrix decreed in Case No.

02CW393, included as Exhibit 4 to this Application and incorporated herein by reference. 3.5. Volumetric

limit. The aggregate annual volumetric limit for the exchanges decreed in Case No. 02CW393 and Case

No. 02CW394 is 7,853 acre-feet. 3.6. Uses: The water exchanged will be directly used or stored and

subsequently used for the purposes decreed for each source of substitute supply. The decree for the

conditional appropriative rights of exchange in Case No. 02CW393 does not establish any new uses for the

water rights diverted by exchange. 3.7. Sources of Substitute Supply. The sources of substitute supply

utilized in the exchange will be of a quality and continuity to meet the use for which senior appropriations

have historically been used. The sources of substitute supply are water rights that Loveland currently owns,

will acquire in the future, or for which Loveland has taken substantial steps towards acquiring consistent

with the Colorado Supreme Court's decision in Centennial Water and Sanitation District v. City and County

of Broomfield, 256 P.3d 677 (Colo. 2011). 3.7.1. Currently Owned Sources. 3.7.1.1. Reusable return flows

attributable to the first use of Windy Gap Project water and/or first use Windy Gap water stored in the

gravel pits described in paragraph 3.1.1 and exchanged for direct flow use or storage. 3.7.1.2. First

use Colorado-Big Thompson Project water stored in the gravel pits described in paragraph 3.1.1 and

exchanged for direct flow use or storage, subject to Loveland’s compliance with the rules and regulations

of the Northern Colorado Water Conservancy District (“Northern Water”), Loveland’s allotment contracts

with Northern Water, and the 1938 Repayment Contract between Northern Water and the United States

Bureau of Reclamation. Loveland will not reuse Colorado-Big Thompson Project water. 3.7.1.3. Fully

consumable first use water and reusable return flows attributable to the water rights decreed in Case No.

02CW392 and as described in paragraphs 8.2 and 8.3 of that Decree. 3.7.1.4. Fully consumable first use

water and reusable return flows attributable to water stored pursuant to Loveland's change of water rights

decree in Case No. 82CW202A, and in the related inclusory decrees entered in Case Nos. 87CW178,

89CW90, and 92CW112, and as modified by the decree in Consolidated Case Nos. 00CW108, and

03CW354. 3.7.1.5. Loveland's direct flow right for the Loveland Pipeline pursuant to the decree in Case

No. 13CW3090. 3.7.1.6. Loveland's portion of the Gard Water Right pursuant to the decree in Case No.

07CW325. 3.7.2. Future Acquired Sources. As authorized by the decree in Case No. 02CW393, Loveland

may acquire in the future additional water rights in the Big Thompson Ditch and Manufacturing Company

Ditch, the Buckingham Ditch, the Louden Ditch, the South Side Ditch, the Home Supply Ditch, and the

Farmers Irrigation Canal as identified in the decrees for Case Nos. 82CW202A and in the related inclusory

decrees entered in Case Nos. 87CW178, 89CW90, and 92CW112, and the decree in Consolidated Case

Nos. 00CW108 and 03CW354 to meet its increasing demand and for use as a source of substitute supply

in the exchanges described herein, provided that such sources are decreed for the intended use by exchange

and Loveland follows the procedures set forth in the decree in Case No 02CW393 to allow use of those

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additional sources of substitute supply in the exchanges described herein. 3.8. Limitation on Exchanges to

Olympus Tunnel and Dille Tunnel. Loveland shall not divert pursuant to the exchanges described in this

application any Colorado-Big Thompson Project water or Windy Gap Project water at the Olympus Tunnel

or Dille Tunnel points of exchange. Exchanges to the Olympus Tunnel shall operate so as not to infringe

on any decreed senior instream flow water rights held by the Colorado Water Conservation Board. 3.9.

Terms and Conditions Related to Use of the Exchange Structures: 3.9.1. Gravel Pits. The gravel pits

described above as Exchange-From Points will be filled by pumps from the Big Thompson River and/or

diversions through the ditches identified in paragraph 3.2. For any gravel pit that Loveland does not

currently own or have the contractual right to use, it will obtain the owner's permission prior to using the

gravel pit as an exchange point. Once Loveland obtains permission to use the gravel pit as an exchange

point, Loveland must follow all procedures and satisfy the requirements of the decree in Case No. 02CW393

prior to the use of such gravel pit for exchange. 3.9.2. Other Exchange Structures. Loveland shall obtain

permission from the owner of any diversion or other structure identified as an Exchange-To or Exchange-

From point before using such structure for the exchanges described herein, and shall otherwise follow all

procedures and requirements of the decree in Case No. 02CW393 prior to use of any such structure. Detailed

outline of work done for the completion of the conditional appropriation and for reasonable diligence: The

conditional appropriative rights of exchange decreed in Case No. 02CW393 were and are conceived and

planned to be operated as a component of Loveland’s municipal water supply system, which is an integrated

system comprised of several different water rights, features, and facilities. For the purposes of showing

diligence as to the completion of the appropriation for this exchange water right, diligence as to any part of

Loveland’s municipal water supply system that used or benefits from the conditional exchange right should

be considered in finding that Loveland has exercised reasonable diligence as to the development of the

water right. See § 37-92-301(4)(b), C.R.S. (2019). During the diligence period, Loveland has performed

the following activities, structural improvements, and maintenance to improve and maintain its integrated

water diversion, treatment, delivery, and reclamation system, which is intended to benefit by the operation

of the conditional exchanges decreed in Case No. 02CW393. All expenditures described below are rounded

to the nearest $1,000.00: 4.1. Phase II of the Water Treatment Plant Improvements project, from August

2014 until December 2016, including construction of a new filter building, new fire pump/soda ash

building, new polymer building and filter drying beds, and a new chemical building. Design, construction,

and construction management costs of approximately $27,775,000. 4.2. Assorted Loveland Pipeline intake

structure maintenance projects, including valve actuator replacement, installation of turbidimeter, gate

repair, safety railings, concrete work. Approximate costs of $24,000. 4.3. Maintenance and reconstruction

of the Home Supply Big Dam following significant damage from the September 2013 flooding. After

February 2014, the City coordinated and contributed to dam stabilization, reconstruction (including new

controls building and other improvements), and maintenance costs for the Big Dam of an approximate

amount of $978,000. 4.4. During 2017, installation of automated/actuated gate controller on Home Supply

diversion structure that regulates river level at Loveland Pipeline and Home Supply diversion structures.

Loveland contributed $136,800 of the total project cost of $273,000. 4.5. Between April 2017 and October

2019, construction and completion of the Wastewater Treatment Plant/Water Reclamation Facility

Biological Nutrient Removal and Digester Improvements Project to replace aging infrastructure, increase

capacity to meet population growth, and meet or exceed all new regulatory requirements. The project

included the renovation of six existing aeration basins, a new Return Activated Sludge (RAS) anoxic tank,

RAS pump replacement, renovations to three existing secondary clarifiers, headworks screening

improvements, hydraulic improvements to the existing UV disinfection channels, yard piping

modifications, numerous electrical and instrumentation upgrades, construction of a new digester complex

(including construction of two 1-million gallon post-tensioned concrete digester tanks and a new

mechanical building housing a multitude of sludge pumps, piping and valves designed to complete the

sludge digestion process). Total project cost was approximately of $41.0 million. 4.6. Purchase of Great

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Western Pit No. 1, the former gravel pit now known as the Loveland-Great Western Reservoir (decreed as

an exchange-from point in Case No. 02CW394), to be used for storage and subsequent exchange of reusable

water supplies to which Loveland is legally entitled. Total purchase price of $3.5 million. 4.7. Filing of

Case No. 18CW3193, Water Division 1, to adjudicate and quantify the amount of reusable water available

to Loveland from its operations and use of the sources of substitute supply for the exchanges decreed in

Case No. 02CW393 and 02CW394. 4.8. Daily tracking and monthly reporting of water rights accounting

for Loveland’s complex portfolio of direct flow and storage water rights in consultation with water rights

engineering consultants and as directed and approved by the Water Commissioner for Water District No.

4. 4.9. Filing of numerous statements of opposition and participation as an objector in several water court

cases during the diligence period, in order to prevent injury to Loveland’s exchange water rights and

Loveland’s other decreed Big Thompson River water rights. 5. Name(s) and address(es) of owner(s) or

reputed owners of the land upon which any new or existing diversion or storage structure, or modification

to any existing diversion or storage structure is or will be constructed or upon which water is or will be

stored, including any modification to the existing storage pool: 5.1. Ward Pit is owned by Ward Enterprises

LLC, 2114 N Lincoln Ave., Loveland, Colorado 80537. 5.2. Reichert Pit is owned by Robert Reed Reichert

Trust, 6315 Chipper Lane, Loveland, Colorado 80537-9322. 5.3. R&O Pit is owned by Ramona Lee Ollila

Revocable Trust, 2520 S. Downing St., Denver, Colorado 80210-5875. 5.4. Brose Pit is located on land

owned by Lois and Loren LLC, 1334 N Jefferson Ave., Loveland, Colorado 80537-4839; Robert W. &

Carol Sue Troendly, 835 S Saint Louis Ave., Loveland, Colorado 80537; and Martin Marietta Materials,

Inc., C/O Baden Tax Management, LLC, PO Box 8040, Fort Wayne, Indiana 46898-8040. 5.5. Probasco

Pit is owned by Yopp Ltd, 1815 S County Road. 13C, Loveland, Colorado 80537-8869. 5.6. Barnes Park

Pond is owned by the City of Loveland, Colorado, 500 E. 3rd Street, Loveland, Colorado 80537. 5.7.

CGRW Investments LLC Pond is owned by CRGW Investments LLC, C/o Randy Hoffman, 7250 Gilpin

St. Ste. 100, Denver, Colorado 80229-6505. 5.8. River's Edge Natural Area Ponds are owned by the City

of Loveland, Colorado, 500 E. 3rd Street, Loveland, Colorado 80537. 5.9. Jayhawker Ponds are owned by

are owned by the City of Loveland, Colorado, 500 E. 3rd Street, Loveland, Colorado 80537. 5.10. Pond

North of Loveland Service Center is owned by the City of Loveland, Colorado, 500 E. 3rd Street, Loveland,

Colorado 80537. 5.11. Loveland Ready Mix Ponds are located on land owned by Quarry Residential

Association, 1621 Kennedy Ave., Loveland, Colorado 80538-3412; Dragonfly Pond Homeowners

Association, 700 N. Wilson Ave, Loveland, Colorado 80537; Dragonfly Pond, LLC, 700 N. Wilson Ave.,

Loveland, Colorado 80537; Loveland Ready-Mix Concrete, Inc., P.O. Box 299, Loveland, CO 80539-0299;

George S Fancher et al, C/o Steve Fancher, P.O Box 299, Loveland, Colorado 80539-0299; Mariana Butte

Homeowners, Inc., 2121 Midpoint Dr. Ste. 302, Fort Collins, Colorado 80525. 5.12. Marianna Butte Golf

Course Ponds are owned the City of Loveland, Colorado, 500 E. 3rd Street, Loveland, Colorado 80537.

5.13. The Loveland Pipeline is owned by the City of Loveland, Colorado, 200 N. Wilson Avenue, Loveland,

Colorado 80537. 5.14. The Olympus Tunnel is owned by the United States Bureau of Reclamation, Eastern

Colorado Projects Office, 11056 WCR 18E, Loveland, Colorado 80537. 5.15. The Dille Tunnel is owned

by the United States Bureau of Reclamation, Eastern Colorado Projects Office, 11056 WCR 18E, Loveland,

Colorado 80537. 5.16. Viestenz-Smith Park (Loveland Electric Park) is owned by the City of Loveland,

500 E. 3rd St, Loveland, Colorado 80537. 5.17. The Barnes Ditch is owned by the Greeley and Loveland

Irrigation Company, 808 23rd Avenue, Greeley, Colorado 80634. The headgates for the Barnes Ditch are

located on land owned by Greeley and Loveland Irrigation Company, 808 23rd Avenue, Greeley, Colorado

80634; Fred C. Hatfield, 645 Walk About Rd., Livermore, Colorado 80536; and Dragonfly Pond

Homeowners Association, 700 N. Wilson Ave., Loveland, Colorado 80537. 5.18. The Big Thompson Ditch

and Manufacturing Company Ditch is owned by the Big Thompson Ditch and Manufacturing Company,

210 East 29th Street, Loveland, Colorado 80538. The headgate for the Big Thompson Ditch and

Manufacturing Company Ditch is located on land owned by the City of Loveland, 500 E. 3rd St, Loveland,

Colorado 80537. 5.19. The George Rist Ditch, upon information and belief, is owned by the Buckingham

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Irrigation Company, 3508 Cheetah Dr., Loveland, Colorado 80537. The headgate for the George Rist Ditch

is located on land owned by David M. Jessup, 10001 Dallas Ave Apt A., Silver Spring, Maryland 20901-

2240; Sylvan Dale Ranch LLLP, 2939 N County Road 31D, Loveland, Colorado 80538-9763; and Roberta

Clare Truitt, 5 Neila Way, Mill Valley, Colorado 94941. 5.20. The Chubbuck Ditch is owned by the Greeley

and Loveland Irrigation Company, 808 23rd Avenue, Greeley, Colorado 80634. The headgate for the

Chubbuck Ditch is located on land owned by Fred C. Hatfield, 645 Walk About Rd., Livermore, Colorado

80536; and Dragonfly Pond Homeowners Association, 700 N. Wilson Ave., Loveland, Colorado 80537.

5.21. The Louden Ditch is owned by the Louden Irrigating Canal and Reservoir Company, 8109 South

County Road 9, Fort Collins, Colorado 80525. The headgate for the Louden Ditch is located on land owned

by Marlis B. Stotts, 7806 W Highway 34, Loveland, CO 80537. 5.22. The South Side Ditch is owned by

the South Side Irrigation and Reservoir Company, 1574 W County Road 16, Loveland, Colorado 80537.

The headgate for the South Side Ditch is located on land owned by Sylvan Dale Ranch LLLP, 2939 N

County Road 31D, Loveland, Colorado 80538-9763. 5.23. The Farmers Ditch is owned by the Reorganized

Farmers Ditch Company, 210 E. 29th St., Loveland, Colorado 80537. The headgate for the Farmers Ditch

is located on land owned by Meserlian Properties, PO Box 1443, Fort Collins, Colorado 80522-1443; and

the City of Loveland, 500 E. 3rd St, Loveland, Colorado 80537. 5.24. The Home Supply Ditch is owned by

the Consolidated Home Supply Ditch and Reservoir Company, PO Box 1548, Berthoud, Colorado 80513-

1548. The headgate for the Home Supply Ditch is located on land owned by Sylvan Dale Ranch LLLP,

2939 N County Road 31D, Loveland, Colorado 80538-9763; and Roger Ralph Otteman, 3053 N County

Rd 29, Loveland, Colorado 80538. WHEREFORE, Loveland requests a ruling and decree concluding that

Loveland has presented evidence demonstrating that Loveland exercised reasonable diligence in its

development of the conditional appropriative rights of exchange decreed in Case No. 02CW393, awarding

Loveland an additional six year diligence period for the water right, and awarding such other relief which

this Court deems proper. (13 pages, 4 exhibits).

20CW3115 (02CW394) CITY OF LOVELAND, COLORADO, c/o Water Resources Manager, 200

N. Wilson Ave Loveland, Colorado 80537, Telephone: (970) 962-3703. APPLICATION FOR FINDING

OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART, IN LARIMER AND WELD

COUNTIES. Please send all pleadings and correspondence to: Derek L. Turner, Assistant City Attorney

Loveland City Attorney’s Office 500 E 3rd Street Suite 330 Loveland, CO 80537 Telephone: (970)962-

2549 E-mail: Derek.Turner@cityofloveland.org 2. General Description of the Application. By the filing of

this Application, Loveland requests this Court find that Loveland has made absolute, in part, the conditional

exchange decreed in Case No. 02CW394 in the amount of 3 cfs, and that Loveland has exercised reasonable

diligence towards the completion of the remainder of the conditional appropriative rights of exchange

decreed in Case No. 02CW394 3. General Description of the Conditional Rights of Exchange decreed in

Case No. 02CW394. The reach of the conditional appropriative rights of exchange extends from the outlet

of the Great Western Ponds to the intake of the Olympus Tunnel on the Big Thompson River. Within this

exchange reach, water may be exchanged from any of the Exchange-From Points described in paragraph

3.1 to any of the Exchange-To Points described in paragraph 3.2. Maps that depict the locations of the

exchange reach and the Exchange-To and Exchange-From Points are attached to this Application as

Exhibits 1, 2, and 3 and incorporated herein by reference. 3.1 Exchange-From Points (from downstream to

upstream): 3.1.1 Gravel Pits. Located on lands adjacent to the Big Thompson River in Sections 16, 17, 20,

and 21, Township 5 North, Range 68 West of the 6th P.M., Larimer County, Colorado and described below.

3.1.1.1 Great Western Pit No. 1 (now known as the Loveland-Great Western Reservoir). The center point

of the pit is located in the SWl/4 of the NWl/4 of Section 21, Township 5 North, Range 68 West of the 6th

P.M., Larimer County, Colorado. 3.1.1.2 Wagnar/Kauffman Pit No. 3. The center point of the pit is located

in the SWl/4 of Section 16, Township 5 North, Range 68 West of the 6th P.M., Larimer County, Colorado.

3.1.1.3 Kauffman Pit. The center point of the pit is located in the NEl/4 of Section 20, Township 5 North,

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Range 68 West of the 6th P.M., Larimer County, Colorado. 3.1.1.4 Simpson Pit. The center point of the pit

is located in the SEl/4 of the NWl/4 of Section 20, Township 5 North, Range 68 West of the 6th P.M.,

Larimer County, Colorado. 3.1.1.5 Olander-Saulcy Pit. The center point of the pit is located in the NEl/4

of the NWl/4 of Section 20, Township 5 North, Range 68 West of the 6th P.M., Larimer County, Colorado.

3.1.1.6 Pfeiff Pit. The center point of the pit is located in the SWl/4 of the NWl/4 of Section 20, Township

5 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.1.1.7 Brownwood Pit. The center

point of the pit is located in the SWl/4 of the SWl/4 of Section 20, Township 5 North, Range 68 West of

the 6th P.M., Larimer County, Colorado. 3.1.2 Loveland Wastewater Treatment Plant (now known as the

Loveland Water Reclamation Facility). The outfall of the Loveland Wastewater Treatment Plant/Loveland

Water Reclamation Facility is at a point located in the NWl/4 of the NEl/4 of the SWl/4 of Section 19,

Township 5 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.2 Exchange-To Points

(from downstream to upstream): 3.2.1 Barnes Ditch (including the Big and Little Barnes Ditches). The

headgate of the Barnes Ditch is located on the north bank of the Big Thompson River in the NWl/4 of the

NEI/4 of Section 17, Township 5 North, Range 69 West of the 6th P.M. The Barnes Ditch has an alternate

point of diversion in Section 15, Township 5 North, Range 69 West of the 6th P.M., Larimer County,

Colorado. 3.2.2 Big Thompson Ditch and Manufacturing Company. The point of diversion for the Big

Thompson Ditch and Manufacturing Company's ditch is located in the SEI/4 of the NWI/4 of the SWI/4 of

Section 15, Township 5 North, Range 69 West of the 6th P.M. The point of diversion was changed in Case

No. 81CW103, Water Division 1 to a point on the south bank of the Big Thompson River approximately

1800 feet north of the south quarter comer of the SWI/4 of Section 15, Township 5 North, Range 69 West

of the 6th P.M., Larimer County, Colorado. 3.2.3 George Rist Ditch (also known as the Buckingham Ditch).

The point of diversion for the George Rist Ditch is located on the Big Thompson River in the SWl/4 of the

NEl/4 of Section 12, Township 5 North, Range 70 West of the 6th P.M., Larimer County, Colorado. 3.2.4

Chubbuck Ditch. The point of diversion for the Chubbuck Ditch is located on the Big Thompson River in

the NEl/4 of the SWl/4 of Section 15, Township 5 North, Range 69 West of the 6th P.M., Larimer County,

Colorado. 3.2.5 Louden Ditch. The point of diversion for the Louden Ditch is located on the Big Thompson

River in the SWl/4 of the NWI/4 of Section 12, Township 5 North, Range 70 West of the 6th P.M., Larimer

County, Colorado. 3.2.6 South Side Ditch. The point of diversion for the South Side Ditch is located on the

Big Thompson River in the SWl/4 of the NWl/4 of Section 12, Township 5 North, Range 70 West of the

6th P.M., Larimer County, Colorado. 3.2.7 Farmers Irrigating Canal (also known as the Farmers Ditch).

The point of diversion for the Farmers Ditch is located on the Big Thompson River, in the NWl/4 of the

NEl/4 of Section 23, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. 3.2.8

Consolidated Home Supply Ditch (also known as the Home Supply Ditch). The point of diversion for the

Home Supply Ditch is on the south side of the Big Thompson River in the SWl/4 of the SWl/4 of Section

2, Township 5 North, Range 70 West of the 6th P.M., Larimer County, Colorado. 3.2.9 Loveland Pipeline.

The point of diversion for the Loveland Pipeline is on the north side of the Big Thompson River at a point

in the NWl/4 of the SWl/4 of the SWl/4 of Section 2, Township 5 North, Range 70 West of the 6th P.M.,

Larimer County, Colorado. This location is the north abutment of the diversion dam also used by the

Consolidated Home Supply Ditch headgate. 3.2.10 Dille Tunnel. The point of diversion for the Dille Tunnel

is on the south side of the Big Thompson River in the NWl/4 of the NWl/4 of Section 9, Township 5 North,

Range 70 West of the 6th P.M., Larimer County, Colorado. 3.2.11 Olympus Tunnel. The point of diversion

for the Olympus Tunnel is at the outlet of Lake Estes at Olympus Dam located in the SEl/4 of the NWl/4

of Section 29, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado. 3.2.12

Loveland Electric Park (now known as Viestenz-Smith Park). The point of diversion is located on either

side of the Big Thompson River at a point in the NEl/4 of the NWl/4 of Section 7, Township 5 North, Range

70 West of the 6th P.M., Larimer County, Colorado. 3.2.13 Gravel Pits. Located adjacent to the Big

Thompson River upstream from the outfall of the Loveland Wastewater Treatment Plant/Loveland Water

Reclamation Facility) and downstream from the point of diversion for the Loveland Pipeline as described

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in paragraph 3.2.9. The gravel pits are listed below from downstream to upstream. 3.2.13.1 Ward Pit. The

center point of the pit is located in the NWl/4 of the SWl/4 of Section 19, Township 5 North, Range 68

West of the 6th P.M., Larimer County, Colorado. 3.2.13.2 Reichert Pit. The center point of the pit is located

in the SEl/4 of the SEl/4 of Section 24, Township 5 North, Range 69 West of the 6th P.M., Larimer County,

Colorado. 3.2.13.3 R&O Pit. The center point of the pit is located in the SWl/4 of the SWl/4 of Section 19,

Township 5 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.2.13.4 Brose Pit. The

center point of the pit is located in the NWl/4 of the SEl/4 of Section 24, Township 5 North, Range 69 West

of the 6th P.M., Larimer County, Colorado. 3.2.13.5 Probasco Pit. The center point of the pit is located in

the NWl/4 of the SWl/4 of Section 24, Township 5 North, Range 69 West of the 6th P.M., Larimer County,

Colorado. 3.2.13.6 Barnes Park Pond. The center point of the pond is located in the SWl/4 of the NWl/4 of

Section 24, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Loveland owns

the pond. 3.2.13.7 CGRW Investments LLC Pond. The center point of the pond is located in the NEl/4 of

Section 23, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Loveland owns

the pond. 3.2.13.8 River's Edge Natural Area Ponds. The ponds are located in the Nl/2 of Section 23,

Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Loveland owns the ponds.

3.2.13.9 Jayhawker Ponds. The ponds are located in the Wl/2 of the NWl/4 of Section 23, Township 5

North, Range 69 West of the 6th P.M., Larimer County, Colorado. Loveland owns the ponds. 3.2.13.10

Pond North of Loveland Service Center. The center point of the pond is located in the NEl/4 of the SWl/4

of Section 15, Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Loveland

owns the pond. 3.2.13.11 Loveland Ready Mix Ponds. The ponds are located in Sections 15, 16, and 23,

Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado. 3.2.13.12 Marianna Butte

Golf Course Ponds. The ponds are located in Sections 17 and 18, Township 5 North, Range 69 West of the

6th P.M., Larimer County, Colorado. Loveland owns the ponds. 3.2.13.13 Morey Pond. The center point

of the pond was located in the NWl/4 of the NWl/4 of Section 17, Township 5 North, Range 69 West of

the 6th P.M., Larimer County, Colorado. Morey Pond no longer exists as a result of the September 2013

flooding event and will not be included as an Exchange-From point in the decree to be entered in this case.

3.3 Priority Date: December 30, 2002 3.4 Amount: The maximum rate of exchange for all exchanges

operated pursuant to the decree in Case No. 02CW394 shall not exceed a total of 75 cubic feet per second

(cfs). The combined maximum daily rate of exchange for all exchanges decreed in Case No. 02CW394

and Case No. 02CW393 shall be limited to 75 cfs. The maximum rates of exchange in cubic feet per second

(cfs) for each exchange point are described in the Exchange Matrix decreed in Case No. 02CW394, included

as Exhibit 4 to this Application and incorporated herein by reference. 3.5 Volumetric Limit: The aggregate

annual volumetric limit for the exchanges decreed in Case No. 02CW393 and Case No. 02CW394 is 7,853

acre-feet. 3.6 Uses: The water exchanged will be directly used or stored and subsequently used for the

purposes decreed for each source of substitute supply. The decree for the conditional appropriative rights

of exchange in Case No. 02CW394 does not establish any new uses for the water rights diverted by

exchange. 3.7 Sources of Substitute Supply. The sources of substitute supply utilized in the exchange will

be of a quality and continuity to meet the use for which senior appropriations have historically been used.

The sources of substitute supply are water rights that Loveland currently owns, will acquire in the future,

or for which Loveland has taken substantial steps toward acquiring consistent with the Colorado Supreme

Court's decision in Centennial Water and Sanitation District v. City and County of Broomfield, 256 P.3d

677 (Colo. 2011). 3.7.1 Currently Owned Sources. 3.7.1.1 Reusable return flows attributable to the first use

of Windy Gap Project water and/or first use Windy Gap water stored in the gravel pits described in

paragraph 3.1.1 and 3.2.13 and exchanged for direct flow use or storage. 3.7.1.2 First use Colorado-Big

Thompson Project water stored in the gravel pits described in paragraph 3.1.1 or 3.2.13 and exchanged for

direct flow use or storage subject to Loveland’s compliance with the rules and regulations of the Northern

Colorado Water Conservancy District (“Northern Water”), Loveland’s allotment contracts with Northern

Water, and the 1938 Repayment Contract between Northern Water and the United States Bureau of

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Reclamation. Loveland will not reuse Colorado-Big Thompson Project water. 3.7.1.3 Fully consumable

first use water and reusable return flows attributable to the water rights decreed in Case No. 02CW392 and

as described in paragraphs 8.2 and 8.3 of that Decree. 3.7.1.4 Fully consumable first use water and reusable

return flows attributable to water stored pursuant to Loveland's change of water rights decree in Case No.

82CW202A, and in the related inclusory decrees entered in Case Nos. 87CW178, 89CW90, and 92CW112,

and as modified in by the decree in Consolidated Case Nos. 00CW108, and 03CW354. 3.7.1.5 Loveland's

direct flow right for the Loveland Pipeline pursuant to the decree in Case No. 13CW3090. 3.7.1.6

Loveland's portion of the Gard Water Right pursuant to the decree in Case No. 07CW325. 3.7.2 Future

Acquired Sources. As authorized by the decree in Case No. 02CW394, Loveland may acquire in the future

additional water rights in the Big Thompson Ditch and Manufacturing Company Ditch, the Buckingham

Ditch, the Louden Ditch, the South Side Ditch, the Home Supply Ditch, and the Farmers Irrigation Canal

as identified in the decrees for Case No. 82CW202A and in the related inclusory decrees entered in Case

Nos. 87CW178, 89CW90, and 92CW112, and the decree in Consolidated Case Nos. 00CW108 and

03CW354, to meet its increasing demand and for use as a source of substitute supply in the exchanges

described herein, provided that such sources are decreed for the intended use by exchange and Loveland

follows the procedures set forth in the decree in Case No. 02CW394 to allow use of those additional sources

of substitute supply in the exchanges described herein. 3.8 Limitation on Exchanges to Olympus Tunnel

and Dille Tunnel. Loveland shall not divert pursuant to the exchanges described in this application any

Colorado-Big Thompson Project water or Windy Gap Project water at the Olympus Tunnel or Dille Tunnel

points of exchange. Exchanges to the Olympus Tunnel shall operate so as not to infringe on any decreed

senior instream flow water rights held by the Colorado Water Conservation Board. 3.9 Terms and

Conditions Related to Use of the Exchange Structures: 3.9.1 Gravel Pits. The gravel pits described above

as Exchange-From Points will be filled by pumps from the Big Thompson River and/or diversions through

the ditches identified in paragraph 3.2. For any gravel pit that Loveland does not currently own or have the

contractual right to use, it will obtain the owner's permission prior to using the gravel pit as an exchange

point. Once Loveland obtains permission to use the gravel pit as an exchange point, Loveland must follow

all procedures and satisfy the requirements of the decree in Case No. 02CW394 prior to the use of such

gravel pit for exchange. 3.9.2 Other Exchange Structures: Loveland shall obtain permission from the owner

of any diversion or other structure identified as an Exchange-To or Exchange-From point before using such

structure for the exchanges described herein, and shall otherwise follow all procedures and requirements of

the decree in Case No. 02CW394 prior to use of any such structure. 4 Claim to Make Absolute, In Part. 4.1

Exercise of Exchange: Beginning at 8:00 am on June 16, 2020 and ending at 8:00 am on July 22, 2020, ,

with the approval of the Water Commissioner for Water District 4, Loveland operated an exchange in the

amount of 3.0 cfs from the Loveland Wastewater Treatment Plant/Loveland Water Reclamation Facility

(exchange-from point described in paragraph 3.1.2), and the Loveland Pipeline (exchange-to point

described in paragraph 3.2.9). Such exchanged water was diverted from the Big Thompson River into the

Loveland Water Treatment Plant and beneficially used for municipal purposes in Loveland’s water delivery

system. 4.2 Amount claimed absolute: 3.0 cfs rate of the exchange, for a cumulative volumetric amount of

208.3 acre-feet. 4.3 Source of Substitute Supply: The source of water for the exchanges operated in 2020

was reusable water attributable to changed water rights stored prior to use as described in the decree in

Consolidated Case Nos. 00CW108 & 03CW354. 4.4 Loveland reserves the right to claim absolute

additional amounts exchanged and placed to beneficial use during the pendency of this case. 5. Claim for

Finding of Reasonable Diligence and outline of work done for the completion of the conditional

appropriation and for reasonable diligence: In addition to the amounts claimed as absolute, in part, Loveland

claims it has exercised reasonable diligence to complete the remainder of the conditional appropriation

decreed in Case No. 02CW394. The rights of exchange decreed in Case No. 02CW394 were and are

conceived and planned to be operated as a component of Loveland’s municipal water supply system, which

is an integrated system comprised of several different water rights, features, and facilities. For the purposes

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of showing diligence as to the completion of the appropriation for this exchange water right, diligence as

to any part of Loveland’s municipal water supply system that used or benefits from the conditional exchange

right should be considered in finding that Loveland has exercised reasonable diligence as to the

development of the water right. See § 37-92-301(4)(b), C.R.S. (2019). During the diligence period,

Loveland has performed the following activities, structural improvements, and maintenance to improve and

maintain its integrated water diversion, treatment, delivery, and reclamation system, which is intended to

benefit by the operation of the conditional exchanges decreed in Case No. 02CW394. All expenditures

described below are rounded to the nearest $1,000.00: 5.1. Phase II of the Water Treatment Plant

Improvements project, from August 2014 until December 2016, including construction of a new filter

building, new fire pump/soda ash building, new polymer building and filter drying beds, and a new chemical

building. Design, construction, and construction management costs of approximately $27,775,000. 5.2.

Assorted Loveland Pipeline intake structure maintenance projects, including valve actuator replacement,

installation of turbidimeter, gate repair, safety railings, and concrete work. Approximate costs of $24,000.

5.3. Maintenance and reconstruction of the Home Supply Big Dam following significant damage from the

September 2013 flooding event. After February 2014, the City coordinated and contributed to dam

stabilization, reconstruction (including new controls building and other improvements), and maintenance

costs for the Big Dam of an approximate amount of $978,000. 5.4. During 2017, installation of

automated/actuated gate controller on Home Supply diversion structure that regulates river level at

Loveland Pipeline and Home Supply diversion structures. Loveland contributed $136,800 of the total

project cost of $273,000. 5.5. Between April 2017 and October 2019, construction and completion of the

Wastewater Treatment Plant/Water Reclamation Facility Biological Nutrient Removal and Digester

Improvements Project to replace aging infrastructure, increase capacity to meet population growth, and

meet or exceed all new regulatory requirements. The project included the renovation of six existing aeration

basins, a new Return Activated Sludge (RAS) anoxic tank, RAS pump replacement, renovations to three

existing secondary clarifiers, headworks screening improvements, hydraulic improvements to the existing

UV disinfection channels, yard piping modifications, numerous electrical and instrumentation upgrades,

construction of a new digester complex (including construction of two 1-million gallon post-tensioned

concrete digester tanks and a new mechanical building housing a multitude of sludge pumps, piping and

valves designed to complete the sludge digestion process). Total project cost was approximately of $41.0

million. 5.6. Purchase of the Great Western Pit No. 1 described above (now known as Loveland-Great

Western Reservoir), to be used for storage and subsequent exchange of reusable water supplies to which

Loveland is legally entitled. Total purchase price of $3.5 Million. 5.7. Filing and adjudication of Case No.

14CW3092, an application for finding of reasonable diligence and to make absolute, in part, the conditional

water storage right decreed in Case No. 86CW383 for Loveland’s Green Ridge Glade Reservoir. 5.8. Filing

of Case No. 18CW3193, Water Division 1, to adjudicate and quantify the amount of reusable water

available to Loveland from its operations and use of the sources of substitute supply for the exchanges

decreed in Case Nos. 02CW393 and 02CW394. 5.9. Daily tracking and monthly reporting of water rights

accounting for Loveland’s complex portfolio of direct flow and storage water rights in consultation with

water rights engineering consultants and as directed and approved by the Water Commissioner for Water

District No. 4. 5.10. Filing of numerous statements of opposition and participation as an objector in several

water court cases during the diligence period, in order to prevent injury to Loveland’s exchange water rights

and Loveland’s other decreed Big Thompson River water rights. 6. Name(s) and address(es) of owner(s) or

reputed owners of the land upon which any new or existing diversion or storage structure, or modification

to any existing diversion or storage structure is or will be constructed or upon which water is or will be

stored, including any modification to the existing storage pool: 6.1. Great Western Pit No. 1 (now known

as the Loveland-Great Western Reservoir is owned by the City of Loveland, Colorado, 200 N. Wilson

Avenue, Loveland, Colorado 80537 .6.2. Wagnar/Kauffman Pit No. 3 is owned by Jake Kauffman & Son,

Inc., 808 S County Rd. 9E, Loveland, Colorado 80537. 6.3. Kauffman Pit is owned by Jake Kauffman &

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Son, Inc., 808 S County Rd. 9E, Loveland, Colorado 80537. 6.4. Simpson Pit is owned by the State of

Colorado, Department of Natural Resources, 6060 Broadway, Denver, Colorado, 80216. 6.5. Olander-

Saulcy Pit is owned by Nature Run M.R.D. Owners Association, 3155 Nature Run, Loveland, Colorado

80537. 6.6. Pfeiff Pit is owned by the City of Loveland, Colorado, 500 E. 3rd Street, Loveland, Colorado

80537. 6.7. Brownwood Pit is owned by Richard L. Coulson, 1016 Oleander Dr., Loveland, Colorado

80538. 6.8. Ward Pit is owned by Ward Enterprises LLC, 2114 N Lincoln Ave., Loveland, Colorado 80537.

6.9. Reichert Pit is owned by Robert Reed Reichert Trust, 6315 Chipper Lane, Loveland, Colorado 80537-

9322. 6.10. R&O Pit is owned by Ramona Lee Ollila Revocable Trust, 2520 S. Downing St., Denver,

Colorado 80210-5875. 6.11. Brose Pit is located on land owned by Lois and Loren LLC, 1334 N Jefferson

Ave., Loveland, Colorado 80537-4839; Robert W. & Carol Sue Troendly, 835 S Saint Louis Ave.,

Loveland, Colorado 80537; and Martin Marietta Materials, Inc., C/O Baden Tax Management, LLC, PO

Box 8040, Fort Wayne, Indiana 46898-8040. 6.12. Probasco Pit is owned by Yopp Ltd, 1815 S County

Road. 13C, Loveland, Colorado 80537-8869. 6.13. Barnes Park Pond is owned by the City of Loveland,

Colorado, 500 E. 3rd Street, Loveland, Colorado 80537. 6.14. CGRW Investments LLC Pond is owned by

CRGW Investments LLC, C/o Randy Hoffman, 7250 Gilpin St. Ste. 100, Denver, Colorado 80229-6505.

6.15. River's Edge Natural Area Ponds are owned by the City of Loveland, Colorado, 500 E. 3rd Street,

Loveland, Colorado 80537. 6.16. Jayhawker Ponds are owned by are owned by the City of Loveland,

Colorado, 500 E. 3rd Street, Loveland, Colorado 80537. 6.17. Pond North of Loveland Service Center is

owned by the City of Loveland, Colorado, 500 E. 3rd Street, Loveland, Colorado 80537. 6.18. Loveland

Ready Mix Ponds are located on land owned by Quarry Residential Association, 1621 Kennedy Ave.,

Loveland, Colorado 80538-3412; Dragonfly Pond Homeowners Association, 700 N. Wilson Ave,

Loveland, Colorado 80537; Dragonfly Pond, LLC, 700 N. Wilson Ave., Loveland, Colorado 80537;

Loveland Ready-Mix Concrete, Inc., P.O. Box 299, Loveland, CO 80539-0299; George S Fancher et al,

C/o Steve Fancher, P.O Box 299, Loveland, Colorado 80539-0299; Mariana Butte Homeowners, Inc., 2121

Midpoint Dr. Ste. 302, Fort Collins, Colorado 80525. 6.19. Marianna Butte Golf Course Ponds are owned

the City of Loveland, Colorado, 500 E. 3rd Street, Loveland, Colorado 80537.The Dille Tunnel is owned

by the United States Bureau of Reclamation, Eastern Colorado Projects Office, 11056 WCR 18E, Loveland,

Colorado 80537. 6.20. The Loveland Pipeline is owned by the City of Loveland, Colorado, 200 N. Wilson

Avenue, Loveland, Colorado 80537. 6.21. The Olympus Tunnel is owned by the United States Bureau of

Reclamation, Eastern Colorado Projects Office, 11056 WCR 18E, Loveland, Colorado 80537. 6.22. The

Dille Tunnel is owned by the United States Bureau of Reclamation, Eastern Colorado Projects Office,

11056 WCR 18E, Loveland, Colorado 80537. 6.23. Viestenz-Smith Park (Loveland Electric Park) is owned

by the City of Loveland, 500 E. 3rd St, Loveland, Colorado 80537. 6.24. The Barnes Ditch is owned by the

Greeley and Loveland Irrigation Company, 808 23rd Avenue, Greeley, Colorado 80634. The headgates for

the Barnes Ditch are on land owned by Greeley and Loveland Irrigation Company, 808 23rd Avenue,

Greeley, Colorado 80634; Fred C. Hatfield, 645 Walk About Rd., Livermore, Colorado 80536; and

Dragonfly Pond Homeowners Association, 700 N. Wilson Ave., Loveland, Colorado 80537. 6.25. The Big

Thompson Ditch and Manufacturing Company Ditch is owned by the Big Thompson Ditch and

Manufacturing Company, 210 E. 29th St., Loveland, Colorado 80537. The headgate for the Big Thompson

Ditch and Manufacturing Company Ditch is located on land owned by the City of Loveland, 500 E. 3rd St,

Loveland, Colorado 80537. 6.26. The George Rist Ditch, upon information and belief, is owned by the

Buckingham Irrigation Company, 3508 Cheetah Dr., Loveland, Colorado 80537. The headgate for the

George Rist Ditch is located on land owned by David M. Jessup, 10001 Dallas Ave Apt A., Silver Spring,

Maryland 20901-2240; Sylvan Dale Ranch LLLP, 2939 N County Road 31D, Loveland, Colorado 80538-

9763; and Roberta Clare Truitt, 5 Neila Way, Mill Valley, Colorado 94941. 6.27. The Chubbuck Ditch is

owned by the Greeley and Loveland Irrigation Company, 808 23rd Avenue, Greeley, Colorado 80634. The

headgate for the Chubbuck Ditch is located on land owned by Fred C. Hatfield, 645 Walk About Rd.,

Livermore, Colorado 80536; and Dragonfly Pond Homeowners Association, 700 N. Wilson Ave.,

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Loveland, Colorado 80537. 6.28. The Louden Ditch is owned by the Louden Irrigating Canal and Reservoir

Company, 8109 South County Road 9, Fort Collins, Colorado 80528. The headgate for the Louden Ditch

is located on land owned by Marlis B. Stotts, 7806 W Highway 34, Loveland, CO 80537. 6.29. The South

Side Ditch is owned by the South Side Irrigation and Reservoir Company, 1574 W County Road 16,

Loveland, Colorado 80537. The headgate for the South Side Ditch is located on land owned by Sylvan Dale

Ranch LLLP, 2939 N County Road 31D, Loveland, Colorado 80538-9763. 6.30. The Farmers Ditch is

owned by the Reorganized Farmers Ditch Company, 210 E. 29th St., Loveland, Colorado 80537. The

headgate for the Farmers Ditch is located on land owned by Meserlian Properties, PO Box 1443, Fort

Collins, Colorado 80522-1443; and the City of Loveland, 500 E. 3rd St, Loveland, Colorado 80537. 6.31.

The Home Supply Ditch is owned by the Consolidated Home Supply Ditch and Reservoir Company, PO

Box 1548, Berthoud, Colorado 80513-1548. The headgate for the Home Supply Ditch is located on land

owned by Sylvan Dale Ranch LLLP, 2939 N County Road 31D, Loveland, Colorado 80538-9763; and

Roger Ralph Otteman, 3053 N County Rd 29, Loveland, Colorado 80538. 6.32. The Wastewater Treatment

Plant (now known as the Loveland Water Reclamation Facility) is owned by the City of Loveland, 200 N

Wilson Avenue, Loveland, Colorado 80537. WHEREFORE, Loveland requests a ruling and decree (1)

concluding that Loveland has presented evidence demonstrating that it has made absolute, in part, a

conditional appropriative right of exchange decreed in Case No. 02CW394 in the amounts described above

and as further to be determined by this Court, (2) determining that Loveland has exercised reasonable

diligence in its development of the conditional appropriative right of exchange decreed in Case No.

02CW394 for all exchanges and amounts not made absolute in this case, thereby awarding Loveland an

additional six year diligence period for such portion of the water right that remains conditional, and (3)

awarding such other relief which this Court deems proper. (16 pages, 4 exhibits).

AMENDED APPLICATIONS

19CW3247, Todd Creek Village Metropolitan District (“Todd Creek”) and West South Platte Water

& Reservoir Company, LLLP (“WSP”) c/o Wayne F. Forman and Michael P. Smith, Brownstein Hyatt

Farber Schreck, LLP,410 Seventeenth Street, Suite 2200, Denver, Colorado 80202-4437, Phone: 303-223-

1100, E-mail: wforman@bhfs.com; msmith@bhfs.com. AMENDED APPLICATION FOR

CONDITIONAL SURFACE WATER RIGHTS AND WATER STORAGE RIGHTS, AND FOR

PLAN FOR AUGMENTATION AND EXCHANGE IN ADAMS, BOULDER AND WELD

COUNTIES. Purposes of Application. The purposes of this Application are threefold. First, to claim new

appropriations for surface points of diversion and J.B. Smith Reservoir, decreed in Case No. 13CW3181,

to supply water for oil and gas operations, beyond that approved in the 13CW3181 decree, under two

contracts: the December 1, 2017 Water Purchase and Carriage Agreement (the “2017 Anadarko

Agreement”), and the December 31, 2018 Water Supply Agreement (the “WSA”), as they may be extended

or modified, as well as to supplement the municipal uses to which the 13CW3181 rights were previously

decreed. These new appropriations include the right to redivert water released from storage at fourteen

“WSP” points of diversion to supply oil and gas operations. Several of those points of diversion are above

the points where released water will be discharged to the South Platte River. The second purpose of this

Application is to seek approval of a plan for augmentation and exchange to allow water to be diverted out

of priority at these upstream points and replaced by releases from storage from J.B. Smith Reservoir, Signal

Reservoir Nos. 1 and 2, and Mann Lakes Reservoir pursuant to storage rights decreed in Case Nos.

13CW3181 and 16CW3019 and pending in Case No. 19CW3061). Third, the Application seek a decree

for a fourth fill of Mann Lakes to be used for all beneficial uses, including satisfying the subject oil and gas

contracts. Claim for Conditional Direct Flow and Storage Rights. Names of Structures: TCVS-01 and

TCVS-02 OG Enlargement. Location: TCVS-01: A point in the NE1/4 of the SE1/4 of Section 1, T.1S.,

R.67W., of the 6th P.M., 1,704 feet from the South Section Line and 496 feet from the East Section Line

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of said Section 1. See map attached as Exhibit A. TCVS-02: A point in the NE1/4 of the SE1/4 of Section

1, T.1S., R.67W., of the 6th P.M., 1,802 feet from the South Section Line and 471 ft from the East Section

Line of said Section 1. See Exhibit A. Source: South Platte River. Date of Appropriation: March 29,

2019. How Appropriation was initiated: By the formation of an intent to appropriate, together with acts

manifesting that intent including entering into the 2017 Anadarko Agreement and the WSA, the filing of

the application in Case No. 19CW3061, and the filing of this Application. Claimed Amount: 40 c.f.s.

cumulative, conditional, to be diverted at TCVS-01 and TCVS-02 as alternate points of diversion.

Combined diversions through TCVS-01 and TCVS-02 shall be limited to a maximum cumulative rate of

diversion of 40 c.f.s. at any one time for this water right, in addition to the 40 c.f.s. rights decreed in Case

No. 13CW3181. J.B. Smith Reservoir OG Refill. Location: The center of the dam is located in the NE1/4

SW1/4 of Section 9, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,559 feet from the South Section

line and 2,584 feet from the West Section line of said Section 9. See Exhibit A. Surface Area:

Approximately 35 acres. Dam Height: Approximately 11.7 feet. Claimed Amount: 325 acre-feet,

conditional, with a right to successively refill, in addition to the existing storage rights decreed in Case No.

13CW3181, Water Division 1, and in Case No. 54658, Denver District Court, on November 12, 1924, with

an appropriation date of May 1, 1907, for approximately 150.0 acre-feet, and decreed in Case No. 60052,

Denver District Court, on May 13, 1936, with an appropriation date of May 1, 1907 for 263.6 acre-feet.

Source: Surface flows in the South Platte River through the surface structures TCVS-01 and TCVS-02

described above. The maximum rates of diversion through these structures to storage and for direct flow

combined are described above. Date of Appropriation: March 29, 2019. How Appropriation was initiated:

By the formation of an intent to appropriate, together with acts manifesting that intent including entering

into the 2017 Anadarko Agreement and the WSA, the filing of the application in Case No. 19CW3061, and

the filing of this Application. Claimed Uses: All of the foregoing claimed conditional water rights are to

be as follows: To supply water for oil and gas operations under the 2017 Anadarko Agreement (in excess

of the 600 acre feet per year of oil and gas uses decreed in Case No. 13CW3181) and the WSA, as they

may be extended or modified, in Adams, Weld and Boulder counties, including for use, reuse and successive

use to extinction, and including by augmentation and exchange; to supply water for all municipal purposes,

including but not limited to domestic, commercial, industrial, irrigation, recreation, piscatorial, and fire

protection purposes including use, reuse and successive use to extinction within Todd Creek’s service area

as depicted on Exhibit A, as the same may be modified or expanded in the future; for existing extraterritorial

water municipal supply agreements including the April 23, 2003 (Agreement for Extraterritorial Water

Service); and for augmentation, substitution, exchange, and replacement purposes, including for use in

Todd Creek’s augmentation plan in Case No. 13CW3181. The aforementioned uses will be made either by

direct use, after storage in J.B. Smith Reservoir or Signal Reservoirs 1 or 2, or after release from said

reservoirs to the South Platte River and through re-diversion at the points of diversion WSP-1 through

WSP-14 described below in ¶ 3.4, with diversions at WSP-6 through WSP-14 being made pursuant to the

below-requested plan for augmentation and exchange. Todd Creek will take return flow credit for water

applied to beneficial use by tracking and accounting for wastewater treated and released from the

wastewater treatment plant—either the Hite Plant or Northern Treatment Plant—at which Todd Creek’s

wastewater is treated, and for return flows from lawn irrigation and septic systems. Prior to taking credit

for such return flows, Todd Creek will file a new application to quantify the return flows. No reuse or

successive use of the water right may occur until a subsequent decree authorizes reuse and successive use,

quantifies the rate, timing, and location of water available for such reuse and successive use, and approves

the points of diversion or re-diversion for the water available for such reuse and successive use. Points of

re-diversion: To accommodate the places and types of use of the foregoing conditional water rights,

Applicant claims fourteen points of diversion on the South Platte River described below and depicted in

Exhibit A. Applicant will release water stored in Signal Reservoir Nos. 1 and 2 and J.B. Smith Reservoir

and re-divert such water at the following new points of re-diversion for application to beneficial use. With

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respect to WSP-6 through WSP-14, diversions of water under the claimed rights shall be made only

pursuant the plan for augmentation and exchange described below. WSP-1: A point in the SW1/4 of the

SW1/4 of Section 19, T.1N., R.66W., of the 6th P.M., 85 feet from the South Section Line and 1,118 feet

from the West Section Line of said Section 19. WSP-2: A point in the SE1/4 of the SW1/4 of Section 30,

T.1N., R.66W., of the 6th P.M., 592 feet from the South Section Line and 1,875 feet from the West Section

Line of said Section 30. WSP-3: A point in the NE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the

6th P.M., 723 feet from the North Section Line and 1,886 feet from the West Section Line of said Section

31. WSP-4: A point in the SE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 1,979 feet

from the North Section Line and 2,021 feet from the West Section Line of said Section 31. WSP-5: A point

in the NE1/4 of the SE1/4 of Section 1, T.1S., R.67W., of the 6th P.M., 1,754 feet from the South Section

Line and 560 feet from the East Section Line of said Section 1. WSP-6: A point in the SW1/4 of the NW1/4

of Section 12, T.1S., R.67W., of the 6th P.M., 2,535 feet from the North Section Line and 1,005 feet from

the West Section Line of said Section 12. WSP-7: A point in the NW1/4 of the SW1/4 of Section 12, T.1S.,

R.67W., of the 6th P.M., 1,420 feet from the South Section Line and 135 feet from the West Section Line

of said Section 12. WSP-8: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th

P.M., 1,760 feet from the South Section Line and 1,634 feet from the West Section Line of said Section 23.

WSP-9: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,544 feet from

the South Section Line and 1,557 feet from the West Section Line of said Section 23. WSP-10: A point in

the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,457 feet from the South Section

Line and 1,780 feet from the West Section Line of said Section 23. WSP-11: A point in the SW1/4 of the

SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 50 feet from the South Section Line and 1,310 feet

from the West Section Line of said Section 23. WSP-12: A point in the SE1/4 of the SW1/4 of Section 34,

T.1S., R.67W., of the 6th P.M., 791 feet from the South Section Line and 2,409 feet from the West Section

Line of said Section 34. WSP-13: A point in the SE1/4 of the SW1/4 of Section 34, T.1S., R.67W., of the

6th P.M., 764 feet from the South Section Line and 2,304 feet from the West Section Line of said Section

34. WSP-14: A point in the SW1/4 of the SE1/4 of Section 34, T.1S., R.67W., of the 6th P.M., 38 feet

from the South Section Line and 2,624 feet from the East Section Line of said Section 34. Claim for

Conditional Storage Right: Mann Lake Reservoir Fourth Fill. Name of Structure: Mann Lakes Reservoir,

Fourth Fill. Structure Description: Mann Lakes is an off-channel, lined gravel pit reservoir complex

consisting of three interconnected cells known as Mann Lake No. 1, Mann Lake No. 2, and Mann Lake No.

3. Todd Creek will store water in Mann Lakes in a dedicated storage space and on a space-available basis,

consistent with certain intergovernmental agreements regarding Mann Lakes between South Adams County

Water and Sanitation District, Todd Creek, and Adams County (the “IGAs”). Location: Mann Lakes is

located in Section 34 and the SE1/4 of Section 33, all in Township 1 South, Range 67 West of the 6th P.M.

as shown on the maps attached as Exhibit A and Exhibit B. The outlet for Mann Lakes (the “Outlet”) is

located in SE1/4 of the NE1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M. at a point

approximately 2,392 feet from the North Section line and 1,049 feet from the East Section line of said

Section 34, as shown in Exhibits A and B. The UTM coordinates for the Outlet are: 13N 511179.79 E,

4419130.4 N. The Outlet will release water to the South Platte River and will have a capacity of 27.41

c.f.s. Total Capacity: 3,991 acre feet active capacity, 0 acre feet of dead storage. Claimed Amount: 7,982

acre-feet, in two fills of 3,991 acre feet each, to be adjusted based on actual as-built capacities, at the

following rates of diversion: Brantner Ditch: 110 c.f.s. Mann Lakes South Platte River Diversion: 30

c.f.s. Source: South Platte River. Points of Diversion: Brantner Ditch: The headgate of the Brantner Ditch

is located on the west bank of the South Platte River at a point in the NE1/4 of the SW1/4 of Section 4,

Township 2 South, Range 67 West of the 6th P.M. at a point approximately 2,550 feet from the South

Section line and 2,150 feet from the West Section line of said Section 4. The UTM coordinates for the

Brantner Ditch headgate are: 13N 508940 E, 4417400 N. See Exhibits A and B. Mann Lakes South Platte

River Diversion: This point of diversion for the Reservoir will be located at a point in the SE1/4 of the

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SW1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M., at a point approximately 787 feet

from the South Section line and 2,300 feet from the West Section line of said Section 34, as shown on The

UTM coordinates for the South Platte point of diversion are: 13N 510594.64 E, 4418484.1 N. See Exhibits

A and B. Date of Appropriation: December 31, 2019. How Appropriation was Initiated: By the formation

of an intent to appropriate, together with physical acts manifesting that intent including the filing of this

Application. Claimed Uses: To supply water for oil and gas operations under the 2017 Anadarko

Agreement and the WSA, as they may be extended or modified, in Adams, Weld and Boulder counties,

including for use, reuse and successive use to extinction, and including by augmentation and exchange; to

supply water for all municipal purposes, including but not limited to domestic, commercial, industrial,

irrigation, recreation, piscatorial, and fire protection purposes including use, reuse and successive use to

extinction within Todd Creek’s service area as depicted on Exhibit A, as the same may be modified or

expanded in the future; for existing extraterritorial water municipal supply agreements including the April

23, 2003 (Agreement for Extraterritorial Water Service); and for augmentation, substitution, exchange, and

replacement purposes, including for use in Todd Creek’s augmentation plan in Case No. 13CW3181. The

aforementioned uses will be made either by direct use, after storage in J.B. Smith Reservoir or Signal

Reservoirs 1 or 2, or after release from said reservoirs to the South Platte River and through re-diversion at

the points of diversion WSP-1 through WSP-14 described above in ¶ 3.4, with diversions at WSP-6 through

WSP-14 being made pursuant to the below-requested plan for augmentation and exchange. Todd Creek

will take return flow credit for water applied to beneficial use by tracking and accounting for wastewater

treated and released from the wastewater treatment plant—either the Hite Plant or Northern Treatment

Plant—at which Todd Creek’s wastewater is treated, and for return flows from lawn irrigation and septic

systems. Prior to taking credit for such return flows, Todd Creek will file a new application to quantify the

return flows. No reuse or successive use of the water right may occur until a subsequent decree authorizes

reuse and successive use, quantifies the rate, timing, and location of water available for such reuse and

successive use, and approves the points of diversion or re-diversion for the water available for such reuse

and successive use. Plan for Augmentation. Names of Structures to be Augmented: WSP-6 through WSP-

14, described above at ¶¶ 3.4. Conditional water rights for these structures have been requested in pending

Case No. 19CW3061, with a March 29, 2019 appropriation date for multiple beneficial uses. Water rights

to be Used for Augmentation. TCVS-01 and TCVS-02 OG Enlargement. Water rights claimed in this

Application, as described above in ¶ 3.1. J. B. Smith Reservoir OG Refill: Water rights claimed in this

Application, as described above in ¶ 3.2. Signal 1 Reservoir Storage Right Enlargement: Water rights

claimed in pending Case No. 19CW3061. Location: The center of the dam is located in the NE1/4 NW1/4

Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 565 feet from the North Section line and

1,474 feet from the West Section line of said Section 4. Claimed Amount: The lesser of 1,210 acre-feet or

the actual as-built capacity of the enlarged Signal Reservoir No. 1, conditional, which, together with the

490 acre-feet decreed in Case No. 13CW3181, equals a total maximum volume of 1,700 acre-feet, with a

right to successively refill. Source: Surface flows in the South Platte River diverted through the surface

structures TCVS-01 and TCVS-02 described above in ¶ 3.1. The maximum rate of diversion is 40 c.f.s.,

cumulative, through TCVS-01 and TCVS-02. Appropriation Date: March 29, 2019. Claimed Uses:

Multiple uses including but not limited to all uses claimed in Case No. 19CW3061, as well as but not limited

to the right to supply water for oil and gas production including hydraulic fracturing under the 2017

Anadarko Agreement and the WSA. Signal 2 Reservoir Storage Right Second Enlargement: Water rights

claimed in pending Case No. 19CW3061. Location: The center of the dam is located in the SW1/4 NE1/4

Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,493 feet from the North Section line and

2,190 feet from the East Section line of said Section 4. Claimed Amount: The lesser of 885 acre-feet or the

actual as-built capacity of the enlarged Signal Reservoir No. 2, conditional, which, together with the 165

acre-feet decreed to the original and first enlargement in Case No. 13CW3181, equals a total maximum

volume of 1,050 acre-feet, with a right to successively refill. Source: Surface flows in the South Platte

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River diverted through surface structures TCVS-01 and TCVS-02 described above in ¶ 3.1. The maximum

rate of diversion is 40 c.f.s., cumulative, through TCVS-01 and TCVS-02. Appropriation Date: March 29,

2019. Claimed Uses: See ¶ 5.2.3.5 above. Mann Lakes Reservoir: Water rights decreed in Case No.

16CW3019. Location: See ¶ 4.3 above. Decreed Amount: Subject to the volumetric limitations set forth

in ¶ 23.9 of the decree in Case No. 16CW3019, a right to one fill and one refill in each water year, equal to

the lesser of (a) the actual, as-built total volume of the Reservoir, or (b) 3,741 acre-feet, at the following

rates of diversion to storage. Brantner Ditch: 110 c.f.s. Mann Lakes South Platte River Diversion: 21

c.f.s. Source: South Platte River. Points of Diversion: See ¶ 4.5 above. Appropriation Date: December

30, 2015. Decreed Use: Multiple uses including but not limited to all municipal purposes, and including

augmentation, substitution, exchange and replacement at a diversion rate of 30 c.f.s. at the Mann Lakes

South Platte River Diversion. Mann Lakes Reservoir First and Second Fill Enlargement: Water rights

claimed in pending Case No. 19CW3061. Location: See ¶ 4.3 above. Claimed Amount: Up to 250 acre

feet with right to fill and refill, at the diversion rates and points of diversion described above in ¶¶ 4.5 and

4.7. Source: South Platte River. Points of Diversion: See ¶ 4.5 above. Appropriation Date: March 29,

2019. Claimed Uses: Multiple uses including but not limited to all uses claimed in Case No. 19CW3061,

as well as but not limited to the right to supply water for oil and gas production including hydraulic

fracturing under the 2017 Anadarko Agreement and the WSA. Mann Lakes Reservoir Third Fill: Water

rights claimed in pending Case No. 19CW3061. Location: See ¶ 4.3 above. Claimed Amount: 3,991 acre

feet, at the diversion rates and points of diversion described above in ¶¶ 4.5 and 4.7. Source: South Platte

River. Appropriation Date: March 29, 2019. Claimed Uses: See ¶ 4.10 above. Mann Lakes Reservoir

Fourth Fill, Water rights claimed in this Application, as described above in ¶ 4. Other Sources: Applicants

request the right to add augmentation sources to this plan pursuant to C.R.S. § 37-92-305(8) upon notice to

the Division Engineer and any opposers in this case. Statement of Plan for Augmentation. When water is

diverted out of priority at points of diversion WSP-6 through WSP-14, an equivalent amount of water will

be released from the foregoing structures (J.B. Smith Reservoir, Signal Reservoirs 1 and 2, Mann Lakes

Reservoir) from water that has been placed into storage in priority. Water will be released to the South

Platte River on a daily basis at the following locations: Discharge point for J.B. Smith Reservoir and Signal

Reservoirs Nos. 1 and 2, Baseline East and West Reservoirs and Marcus Reservoir: To the South Platte

River at a point located in the NE1/4 of the SE1/4 Section 1, Township 1 South, Range 67 West, 1,530 feet

from the South Section line, 500 feet from the East Section. See Exhibit A. Mann Lakes Outlet: See ¶ 4.3

above, and Exhibits A and B. Appropriative Rights of Exchange. Name of Exchanges: WSP-6-11

Exchanges; WSP-12-14 Exchanges. WSP-6-11 Exchange – From Point: J.B. Smith/Signal Reservoirs

Discharge Point, at a point located in the NE1/4 of the SE1/4 Section 1, Township 1 South, Range 67 West,

1,530 feet from the South Section Line, 500 feet from the East Section Line. See Exhibit A. WSP-6-11

Exchange – To Points: WSP-6 through WSP-11: See above, ¶¶ 3.4.6-3.4.11. WSP-12-14 Exchange--From

Points: J.B. Smith/Signal Reservoirs Discharge Point: See above, ¶ 6.2. Mann Lakes Outlet: See above,

¶ 4.3. WSP-12-14 Exchange--To Points: WSP-12-WSP-14: See above, ¶¶ 3.4.12-3.4.14. Date of Initiation

of Appropriation: December 31, 2019. How Appropriation Initiated: Through the concurrence of an intent

to appropriate and acts in furtherance of that intent, including the filing of this Application. Date water

applied to beneficial use: N.A. Rate of Exchange: 75 c.f.s. Beneficial Uses: To supply oil and gas

operations under the 2017 Anadarko Agreement and the WSA, as they may be extended or modified, in

Adams, Weld and Boulder Counties, including for use and reuse and successive use to extinction. Name

and Address of Owners or Reputed Owners of the Land Upon Which Any New or Existing Diversion or

Storage Structure, or Modification Thereof, Is or Will Be Located: Martin Marietta Materials, Inc., c/o

Baden Tax Management, P.O. Box 8040, Fort Wayne, IN 46898-8040. CAMAS Colorado Inc., c/o

Aggregate Industries-WCR Inc., 1687 Cole Blvd., Ste. 300. Golden, CO 80401-3318. Denis B. Clanahan

Trustee, 1837 S. Bellaire St., Ste. 1401, Denver, CO 80222-4359. Aggregate Industries-WCR Inc., 1687

Cole Blvd., Ste. 300, Golden, CO 80401-3318. Asphalt Specialties Co. Inc., 10100 Dallas Street,

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Henderson, CO 80640. City of Brighton, 500 S 4th Ave., Brighton, CO 80601-3165. City of Aurora, 15151

E Alameda Parkway 5th Floor, Aurora, CO 80012. Adams County, Attn: Kurt Carlson, 9755 Henderson

Road, Brighton, CO 80601. South Adams County Water and Sanitation District, Attn: Kip Scott, 6595 East

70th Avenue,P.O. Box 597, Commerce City, Colorado 80037. New Brantner Extension Ditch Company,

c/o Brice Steele, Esq., 25 South 4th Avenue, Brighton, CO 80601. The Brantner Ditch Company, c/o Marc

Pedrucci, Secretary, 9755 Henderson Road, Brighton, CO 80601. E-470 Highway Authority, 22470

Stephen D. Hogan Parkway #110, Aurora, CO 80018.

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND

OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED

BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended

application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of

Opposition, setting forth facts as to why the application should not be granted, or why it should be granted

only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of

SEPTEMBER 2020 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed

as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served

upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall

be filed with the Water Clerk.