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DISTRICT COURT, WATER DIVISION 1, COLORADO

SEPTEMBER 2019 WATER RESUME PUBLICATION

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

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

applications and certain amendments filed in the Office of the Water Clerk during the month of

SEPTEMBER 2019 for each County affected.

19CW27 DAVID AND JANICE HERBEL, 36150 Winchester Rd., Elizabeth, CO 80107. 303-898-

7904 or 720-372-6390. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE

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

168663, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a

2.13 acre tract of land lying in the SW1/4, NW1/4, S36, T7S, R65W of the 6th PM, including the Dawson,

Denver, Arapahoe and Laramie Fox Hills aquifers.

19CW28 STAN AND BETSY CRALEY, 11506 E. Daley Cr B, Parker, CO 80134. 720-851-7618 or

303-913-1572. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER

BASIN AQUIFERS IN DOUGLAS COUNTY. Applicants seek to adjudicate the well, permit 94307, and

to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a tract of land

lying in the SE1/4, S21, T7S, R65W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie

Fox Hills aquifers.

19CW29 ELIZABETH AND FREDERICK WHEELER, 6786 S.E. Cherry Creek Rd., Franktown,

CO 80116. 303-907-4194. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE

DENVER BASIN AQUIFERS IN DOUGLAS COUNTY. Applicants seek to adjudicate the well, permit

55989, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a

120 acre tract of land lying in the SW1/4, SE1/4, S17, T9S, R65W of the 6th PM, including the Dawson,

Denver, Arapahoe and Laramie Fox Hills aquifers.

**Water Division One will publish**

19CW3175 (Water Division 2 case no. 19CW3057) Teresa Kolb,15980 Park Ave., Colorado Springs,

CO 80921. Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for

Augmentation of Teresa Kolb, in EL PASO COUNTY. I. Name and Address of Applicant: Teresa

Kolb,15980 Park Ave., Colorado Springs, CO 80921. Name and Address of Attorneys: Steve T. Monson,

#11329, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET, LLC, 13511 Northgate Estates

Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212, E-mail: stm@cowaterlaw.com;

ebp@cowaterlaw.com. II. Summary of Application Applicant seeks to re-permit an existing exempt

domestic in-house well to a non-exempt augmented well, constructed to the not-nontributary Dawson

aquifer to provide water service to Applicant’s residential property consisting of 3.78 acres. Applicant

therefore seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and to

obtain approval of a plan for augmentation to replace groundwater depletions from the uses set forth herein.

III. Application for Underground Water Rights. A. Legal Description of Wells. 1. Property Description.

The well will be located on Applicant’s approximately 3.78 acre residential property (“Applicant’s

Property”) located in El Paso County, Colorado. Applicant’s Property is El Paso County Assessor’s Parcel

No. 6128403018, and is depicted on the attached Exhibit A map, and more particularly described as

follows: Lots 22, 23, and 26 in Block 1 of Black Forest Park subdivision as amended by Res at Book 3238

Page 810. Also known as 15980 Park Ave, Colorado Springs, CO 80921. 2. Existing Well. There is an

existing exempt domestic in-house use well on the Property, being Permit No. 186509 (“Kolb Well”),

attached as Exhibit B. The Kolb Well is located on the Applicant’s property as described in Paragraph

III.A.1 and is 2400 feet South and 1200 feet East from the Section Line and is constructed to the not-

nontributary Dawson aquifer to a total depth of 300 feet, tested on June 21, 1995 and completed June 27,

1995 for 10 gallons per minute. The UTM coordinates are: Northing 4323788.6 Easting 5190505.7, Zone

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13, spotted from section lines, based on the Division of Water Resources CDSS tools. Applicant proposes

that the Kolb Well be re-permitted for non-exempt uses upon entry of a decree approving the plan for

augmentation requested herein. B. Water Source.1. Not-Nontributary. The groundwater to be withdrawn

from the Dawson, Denver, and Arapahoe aquifers underlying the Applicant’s Property is not-nontributary.

Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will

require the replacement of actual stream depletions. 2. Nontributary. The groundwater that will be

withdrawn from the Laramie-Fox Hills aquifer underlying the Applicant’s Property is nontributary. C.

Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal. Pumping

from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to

aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground

water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to

be constructed within the respective aquifers will be determined by topography and actual aquifer

conditions. 2. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested

right for the withdrawal of all legally available groundwater in the Denver Basin aquifers underlying the

Applicant’s Property. Said amounts may be withdrawn over the 100-year life requirement pursuant to

C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual amounts are

representative of the Denver Basin aquifers underlying Applicant’s Property:

AQUIFER

NET

SAND

(Feet)

Avg.

Specific

Yield

Total

Appropriation

(Acre Feet)

Annual Avg.

Withdrawal

100 Years

(Acre Feet)

Dawson

(NNT) 354.70 20% 268.15 2.68

Denver

(NNT) 542.00 17% 348.29 3.48

Arapahoe

(NNT) 231.40 17% 148.70 1.49

Laramie Fox

Hills (NT) 191.20 15% 108.41 1.08

Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant

to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally

determine the amount of water available for appropriation and withdrawal from each aquifer. D. Requested

Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s

Property consisting of domestic, irrigation of lawn, landscaping, greenhouse, and garden, stock water,

watering of poultry, and also for storage and augmentation purposes associated with such uses. The

Applicant also requests that the nontributary water may be used, reused, and successively used to extinction,

both on and off the Applicant’s Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b),

that no more than 98% of the amount withdrawn annually shall be consumed. Applicant may use such

water by immediate application or by storage and subsequent application to the beneficial uses and purposes

stated herein. Provided, however, Applicant shall only be entitled to construct wells or use water from the

not-nontributary Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering

the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with

C.R.S. §37-90-137(9)(c.5). Use of water from the not-nontributary Denver and Arapahoe aquifers will also

require a plan for augmentation to be approved by this Court. E. Well Fields. Applicant requests that she

be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant’s

Property through any combination of wells. Applicant requests that these wells be treated as a well field.

F. Averaging of Withdrawals. Applicant requests that she be entitled to withdraw an amount of ground

water in excess of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so

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long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of

the number of years since the date of entry of a decree herein, multiplied by the average annual volume of

water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property.

G. Owner of Land Upon Which Wells are to Be Located. The land and underlying groundwater upon which

the wells are and will be located is owned by the Applicant. IV. APPLICATION FOR PLAN FOR

AUGMENTATION. A. Structures to be Augmented. The structure to be augmented is the Kolb Well,

along with any replacement or additional wells associated therewith, as likewise may be constructed to the

Dawson aquifer of the Denver Basin underlying the Applicant’s Property as requested and described herein.

B. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during

pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from the

Kolb Well, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious

post pumping depletions. C. Statement of Plan for Augmentation. Applicant wishes to provide for the

augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer Kolb Well.

1. Uses. Potential water use criteria and their consumptive use component for replacement of actual

depletions for the Applicant’s Property are estimated as follows: i. Household Use Only: The amount of

0.27 acre feet annually will be used within a single family dwelling, with a maximum of ten percent

consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive

use will therefore be 0.027 acre feet, with return flows of 0.243 acre feet. ii. Landscape, Garden, and

Greenhouse Irrigation: The diversion of 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per

acre) per year, with an 85 percent assumed consumptive use rate. The annual consumptive use for each

1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. iii. Horses, stock, and poultry

(or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent

consumptive use component for horses, chickens, and equivalent livestock. 2. The well will pump a

maximum of 0.50 acre feet of water from the Dawson aquifer per year. Such use shall be a combination of

household use, irrigation of lawn, green house, and garden, and the watering of horses or equivalent

livestock and poultry. An example breakdown of this combination of use, utilizing the factors described

above, is household use of 0.27 acre feet of water per year per residence with the additional 0.37 acre feet

per year available for irrigation of approximately 3500 square feet of lawn, garden, and greenhouse and

the watering of up to five horses or equivalent livestock and the watering of up to 20 chickens or equivalent

livestock on the residential lot. 3. Depletions. Applicant’s consultant has determined that maximum stream

depletions over the 100 year pumping period for the Dawson aquifer amounts to approximately 5.89% of

pumping. Maximum annual depletions for total residential pumping from all wells are therefore 0.029 acre

feet in year 100, being 5.89 percent times the 0.5 annual diversions. Should Applicant’s pumping be less

than the 0.50 acre feet per year described herein, resulting depletions and required replacements will be

correspondingly reduced. 4. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-

137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the

residential well. Applicant’s consultant has determined that depletions during pumping will be effectively

replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for

non-evaporative septic systems is 10 percent per year for the residence. At a household use rate of 0.27

acre feet per residence per year, 0.243 acre feet is replaced to the stream system per year, utilizing non-

evaporative septic systems. Applicant does not at this time claim return flows from irrigation uses, as a

source of augmentation supply, but retains the right to amend this plan in the future to make such claims.

Thus, during pumping, annual stream depletions will be more than adequately augmented by the residential

return flows of 0.243 acre feet. 5. Augmentation for Post Pumping Depletions. For the replacement of any

injurious post-pumping depletions which may be associated with the use of the Kolb Well, Applicant will

reserve up to the total amount of plan pumping in the nontributary Laramie Fox Hills aquifer, less the

amount of actual stream depletions replaced during the plan pumping period. Applicant also reserves the

right to substitute other legally available augmentation sources for such post pumping depletions upon

further approval of the Court under its retained jurisdiction. Even though this reservation is made, under

the Court’s retained jurisdiction, Applicant reserves the right in the future to prove that post pumping

depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to

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replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be

entitled to apply for and receive a new well permit for the Kolb Well for the uses in accordance with this

Application and otherwise in compliance with C.R.S. §37-90-137. V. Remarks. A. This Application was

filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may

occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue

to tributaries of the South Platte River system where the majority of such depletions will occur, and it is the

Applicant’s intent to consolidate the Division 2 application in Water Division 1 upon completion of

publication and the period for filing statements of opposition. Applicant requests that the total amount of

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

River as set forth herein, and for a finding that those replacements are sufficient. B. Applicant requests a

finding that she has complied with C.R.S. §37-90-137(4), and that the ground water requested herein is

legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree

approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). C. Subject to the following section,

the term of this augmentation plan is for 100 years, however the length of the plan for the well may be

extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post

pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual

pumping. D. Applicant may extend the plan for augmentation for beyond 100 years provided that adequate

return flows are available to meet depletions during pumping and adequate nontributary water in the

Arapahoe and Laramie Fox Hill aquifers are available and committed to the post pumping replacement of

depletions. E. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual

amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics

from adequate information obtained from well drilling or test holes. F. The Applicant requests a finding

that vested water rights of others will not be materially injured by the withdrawals of ground water and the

proposed plan for augmentation. G. The Kolb Well shall be installed and metered as reasonably required

by the State Engineer. The Kolb Well will be equipped with a totalizing flow meter and Applicant shall

submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the

Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water

Commissioner as required by them to demonstrate compliance under this plan of augmentation. H. The

Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the

Applicant’s Property. I. All record owners of the Subject Property not listed as Applicants herein, and every

person who has a lien or mortgage on, or deed of trust to the Applicant’s Property will be notified of the

filing of this Application by certified or registered mail, return receipt requested, no later than 14 days after

the filing of this Application. The Applicant will complete and file with the Court a Certificate of Notice as

evidence that the required notices were given, in accordance with the notice provisions set forth in C.R.S.

§37-92-302(2)(b) and §37-90-137(4)(b.5)(I).

19CW3176 Blue Wing Farms, LLC, And Wiggins Farms, LLC, 1660 17th St. Suite 300, Denver, CO

80202; Telephone: 303-606-7842. Please send all future correspondence and pleadings to: David P. Jones,

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

(970) 622-8181. APPLICATION FOR CORRECTION TO ESTABLISHED BUT ERRONEOUSLY

DESCRIBED POINTS OF DIVERSION FOR WELLS, MORGAN COUNTY. 1. Name, address and

telephone number of Co-Applicants: Blue Wing Farms, LLC, and Wiggins Farms, LLC, 1660 17th St.

Suite 300, Denver, CO 80202; Telephone: 303-606-7842. 2. Decreed water rights for which corrections

are sought: 2.1 Name of structure: Blue Wing Well No. 4 (WDID 108860), Permit No. 8894-FR, decreed

in Case No. W-4621, Water Division No. 1, dated March 20, 1980. A change of location of the well was

decreed in Case No. 96CW258, Water Division No. 1, dated June 12, 1998. 2.1.1 Legal description of

decreed well location: NE1/4 SE1/4 Section 15, Township 4 North, Range 59 West, at a point 2595 feet

from the South section line and 109 feet from the East section line of said Section 15, 6th P.M., Morgan

County, Colorado. 2.1.2. Source: Groundwater. 2.1.3 Decreed flow rate: 2.22 cfs, absolute. 2.1.4 Date

of appropriation: April 20, 1958. 2.1.5 Use: Irrigation of 130 acres in the SE1/4, Section 15, Township 4

North, Range 59 West. 2.2 Name of structure: Blue Wing Well No. 8 (WDID 107660), Permit No. 13056-

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FR, decreed in CA16704, Water Division No. 1, dated January 4, 1971. 2.2.1 Legal description of decreed

well location: NE1/4 Section 22, Township 4 North, Range 59 West, at a point 1320 feet South of the

North line and 2050 feet East of the east [sic, apparently should have read “center”] line of said Section 22,

6th P.M., Morgan County, Colorado. 2.2.2 Decreed flow rate: 900 gpm, absolute. 2.2.3 Date of

appropriation: August, 1956. 2.2.4 Use: Irrigation of 160 acres in the NE1/4 of Section 22, Township 4

North, Range 59 West. 2.3 Name of structure: Wiggins Farms Well No. 38 (WDID 107016), Permit No.

5015-F, decreed in Case No. W-2225, Water Division No. 1, dated July 25, 1973. 2.3.1 Legal description

of decreed well location: SE1/4 NW1/4 Section 23, Township 4 North, Range 59 West, at a point 1327

feet South and 1333 feet East of the NW Corner of said Section 23, 6th P.M., Morgan County, Colorado.

2.3.2 Source: Groundwater. 2.3.3 Decreed flow rate: 2.90 cfs, absolute. 2.3.4 Date of appropriation:

January 14, 1964. 2.3.5 Use: Domestic and Irrigation of 160 acres in the NW1/4 of Section 23, Township

4 North, Range 59 West. 3. Detailed description of proposed correction to an established but erroneously

described point of diversion: 3.1 Complete statement of correction to an established but erroneously

described point of diversion, including whether it is erroneously described. See §§ 37-92-305(3.6)(a) &

(b), C.R.S. The three wells in this application: 1) were relocated according to valid well permits; 2) are not

located in the locations specified in the applicable decrees for the water rights; and 3) the diverter (in this

case, previous owners) has diverted water with the intent to divert pursuant to the decree or decrees

confirming the water rights. Each of the wells is located more than 200 feet from the respective decreed

location. 3.2 The legal descriptions of the corrected points of diversion: The Office of the State Engineer

(“SEO”) well permit files for each well identify the permitted locations, which are stated below. Exhibit

A hereto is a map showing the decreed locations and permitted (correct) locations of the wells. Exhibit B

hereto contains excerpts from the SEO well permit files for the three wells which are evidence of the

permitted locations. Co-Applicants claim that the corrected points of diversion are at these locations. 3.2.1

Blue Wing Well No. 4 8894-FR: NE1/4 SE1/4 Section 15, Township 4 North, Range 59 West 2342 feet

from the South section line and 301 feet from the East section line of said Section 15, 6th P.M., Morgan

County, Colorado. 3.2.2 Blue Wing Well No. 8 13056-F: SW1/4 NE1/4 Section 22, Township 4 North,

Range 59 West 1336 feet from the North section line and 1345 feet from the East section line of said Section

22, 6th P.M., Morgan County, Colorado. 3.2.3 Wiggins Farms Well No. 38 5015-F: SE1/4 NW1/4 Section

23, Township 4 North, Range 59 West 1290 feet from the North section line and 1570 feet from the West

section line of said Section 23, 6th P.M., Morgan County, Colorado. 4. Names and addresses of owners or

reputed owners of the land upon which any new diversion or storage structure, or modification to any

existing diversion or storage structure is or will be constructed: The Co-Applicants own the lands upon

which the wells are located. 5 pages, 2 exhibits.

19CW3177 John and Colleen Violette, 945 W. 97th Avenue Northglenn, CO 80260,

(“Applicant”).Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for

Augmentation of John and Colleen Violettte, in ELBERT COUNTY. I. Name and Address of Applicant:

John and Colleen Violette, 945 W. 97th Avenue Northglenn, CO 80260, (“Applicant”). Name and Address

of Attorneys: Ryan W. Farr, #39394, Emilie B. Polley, #51296, MONSON, CUMMINS &

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

1212 E-mail: rwf@cowaterlaw.com; ebp@cowaterlaw.com. II. Summary of Application. Applicant seeks

to construct a non-exempt well to the not-nontributary Upper Dawson aquifer to provide water service to a

home and accessory dwelling on a single family lot on Applicant’s 10.5-acre parcel. Applicant therefore

seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and approval of a

plan for augmentation for the use thereof. III. Application for Underground Water Rights. A. Legal

Description of Wells. 1. Property Description. The well will be located on Applicant’s approximately 10.5

acre property (“Applicant’s Property”). Applicant’s Property is depicted on the attached Exhibit A map,

and more particularly described as follows: Lot 5, Sky Ridge Minor Residential Development, County of

Elbert, State of Colorado, also known as 1580 Sage Road, Elizabeth, CO 80107. 2. Proposed Wells.

Applicant proposes that one well (“Violette Well”) will be located on the Applicant’s Property to be

constructed to the Upper Dawson aquifer. B. Water Source. 1. Not-Nontributary. The ground water to be

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withdrawn from the Upper Dawson aquifer underlying the Applicant’s Property is not-nontributary.

Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Upper Dawson

aquifer will require the replacement of actual stream depletions. 2. Nontributary. The groundwater that will

be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the

Applicant’s Property is nontributary. C. Estimated Rates of Withdrawal and Ground Water Available. 1.

Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping

rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant

requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed

amounts. The actual depth of each well to be constructed within the respective aquifers will be determined

by topography and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water

Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the

Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-

year life of the aquifers pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values

and average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s

Property:

AQUIFER

NET

SAND

(Feet)

Avg.

Specific

Yield

Total

Appropriation

(Acre Feet)

Annual Avg.

Withdrawal

100 Years

(Acre Feet)

Upper Dawson

(NNT) 178.3 20% 374.43 3.74

Lower Dawson

(NT) 46.2 20% 97.02 0.97

Denver

(NT) 231.2 17% 412.69 4.13

Upper Arapahoe

(NT) 235.0 17% 419.48 4.19

Laramie Fox

Hills (NT) 179.1 15% 282.08 2.82

Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant

to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally

determine the amount of water available for appropriation and withdrawal from each aquifer. D. Requested

Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s

Property consisting of domestic, irrigation, stock water, recreation, wildlife, wetlands, fire protection, and

also for storage and augmentation purposes associated with such uses. The Applicant also requests that the

nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s

Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the

amount withdrawn annually shall be consumed. The Applicant may use such water by immediate

application or by storage and subsequent application to the beneficial uses and purposes stated herein.

Provided, however, the Applicant shall only be entitled to construct wells or use water from the not-

nontributary Upper Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering

the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with

C.R.S. §37-90-137(9)(c.5). E. Well Fields. The Applicant requests that they be permitted to produce the

full legal entitlement from the Denver Basin aquifers underlying Applicant’s Property through any

combination of wells. The Applicant requests that these wells be treated as a well field. F. Averaging of

Withdrawals. The Applicant requests that they be entitled to withdraw an amount of ground water in excess

of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum

of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of

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years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever

comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw

from the aquifers underlying the Applicant’s Property. G. Owner of Land Upon Which Wells are to Be

Located. The land and groundwater upon which the well will be located is owned by the Applicant. IV.

APPLICATION FOR PLAN FOR AUGMENTATION. A. Structures to be Augmented. The structure to

be augmented is the Violette Well, along with any replacement or additional wells associated therewith, as

likewise may be constructed to the Upper Dawson aquifer of the Denver Basin underlying the Applicant’s

Property as requested and described herein. B. Water Rights to be Used for Augmentation. The water rights

to be used for augmentation during pumping are the return flows resulting from the pumping of the not-

nontributary Upper Dawson aquifer from the Violette Well, together with water rights from the nontributary

Denver aquifer for any injurious post pumping depletions. C. Statement of Plan for Augmentation. The

Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-

nontributary Upper Dawson aquifer by the well proposed herein for the Applicant’s property. Potential

water use criteria and their consumptive use component for replacement of actual depletions for the lots are

estimated as follows: 1. Uses. The well will pump a maximum of 1.5 acre feet of water per year for a total

of 1.5 feet being withdrawn from the Upper Dawson aquifer per year. Such use shall be a combination of

household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An

example breakdown of this combination of use, utilizing the factors described above, is household use of

0.25 acre feet of water per year per residence with the additional 1.25 acre feet per year per residence

available for irrigation of lawn and garden and the watering of up to sixteen horses or equivalent livestock

on the lot. 2. Depletions. The Applicant’s consultant has determined that maximum stream depletions over

the 100 year pumping period for the Upper Dawson aquifer amounts to approximately 5.49% of pumping.

Maximum annual depletions for total residential pumping from the well is therefore 0.082 acre feet in year

100. Should Applicant’s pumping be less than the 1.5 total per year described herein, resulting depletions

and required replacements will be correspondingly reduced. 3. Augmentation of Depletions During

Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), the Applicant is required to replace actual stream

depletions attributable to pumping of the Violette Well. The Applicant’s consultant has determined that

depletions during pumping will be effectively replaced by residential return flows from non-evaporative

septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per

residence. At a household use rate of 0.25 acre feet per residence per year, with a total for both dwellings

of 0.50 acre feet, 0.45 acre feet is replaced to the stream system per year, utilizing non-evaporative septic

systems. Thus, during pumping, stream depletions will be more than adequately augmented. 4.

Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions

which may be associated with the use of the Violette Well, the Applicant will utilize non-evaporative septic

return flows and irrigation return flows from the subsequent usage of the nontributary Denver aquifer,

accounting for actual stream depletions replaced during the plan pumping period, or to reserve from the

Denver aquifer or other nontributary aquifers underlying Applicant’s Property such amounts as necessary

to replace any injurious post pumping depletions. Applicant also reserves the right to substitute other legally

available augmentation sources for such post pumping depletions upon further approval of the Court under

its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction,

Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The

reserved nontributary Denver groundwater will be used to replace any injurious post-pumping depletions.

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

for the Violette Well for the uses in accordance with this Application and otherwise in compliance with

C.R.S. §37-90-137. V. Remarks. Applicant requests a finding that they have complied with C.R.S. §37-

90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested

not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-

90-137(9)(c.5). B. The term of this augmentation plan is for 100 years, however the length of the plan for

a particular well may be extended beyond such time provided the total plan pumping allocated thereto is

not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related

to that well’s actual pumping. C. The Court will retain jurisdiction over this matter to provide for the

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adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual

local aquifer characteristics from adequate information obtained from well drilling or test holes. D. The

Applicant requests a finding that vested water rights of others will not be materially injured by the

withdrawals of ground water and the proposed plan for augmentation. E. The wells shall be installed and

metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow

meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as

otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division

Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of

augmentation. F. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be

located upon the Applicant’s Property. G. All record owners of the Subject Property not listed as Applicants

herein, and every person who has a lien or mortgage on, or deed of trust to the Applicant’s Property will be

notified of the filing of this Application by certified or registered mail, return receipt requested, no later

than 14 days after the filing of this Application. The Applicant will complete and file with the Court a

Certificate of Notice as evidence that the required notices were given, in accordance with the notice

provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I).

19CW3178 Clayton Manning, 7061 Rafter Road, Franktown, CO 80116, Telephone: (303) 319-1464,

Email: manning_clayton@yahoo.com. Please send all pleadings and correspondence to attorneys for

Applicant: Douglas M. Sinor and Mirko L. Kruse, TROUT RALEY, 1120 Lincoln Street, Suite 1600,

Denver, Colorado 80203, Telephone: (303) 861-1963, E-Mail: dsinor@troutlaw.com or

mkruse@troutlaw.com. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM

NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN

FOR AUGMENTATION, in DOUGLAS COUNTY. 1. Name, mailing address, email address and

telephone number of applicant: See above. 2. Subject Property: 12.42 acres in the Southwest Quarter of

the Northwest Quarter of Section 35, Township 7 South, Range 66 West of the 6th Principal Meridian,

County of Douglas, State of Colorado, as described and shown on Exhibit A attached hereto ("Subject

Property"). Applicant is the owner of the Subject Property. 3. Well Permits: There is one well, permit

number 296786, located on the Subject Property. That well is permitted to pump up to 0.68 acre feet per

year from the Lower Dawson aquifer. Additional well permits will be applied for prior to construction of

the wells. 4. Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in

Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills

aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. 5. Estimated Amounts: The

following estimated amounts are based on the presumptive specific yield and saturated thickness values in

the Denver Basin Rules, 2 C.C.R. § 402-6. The estimated amount in the Lower Dawson aquifer accounts

for the cylinder of appropriation from well number 15485-F and for the existing domestic well on the

Subject Property. Aquifer Annual Amount Upper Dawson 1.76 acre-feet Lower Dawson 0.25 acre-feet

Denver 5.44 acre-feet Arapahoe 5.50 acre-feet Laramie-Fox Hills 3.58 acre-feet 6. Proposed Use:

Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation

purposes, including storage, both on and off the Subject Property. 7. Jurisdiction: The Water Court has

jurisdiction over the subject matter of this Application pursuant to Section 37-92-302(2), and 37-90-137(6),

C.R.S. 8. Description of Plan for Augmentation: A. Groundwater to be augmented: Up to 1.5 acre-feet

per year of the available Upper Dawson aquifer groundwater as requested herein. B. Water rights for

augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct

discharge of nontributary ground water. C. Statement of plan for augmentation: The Upper Dawson aquifer

water will be used for in-house domestic use; commercial use; lawn, garden, and tree irrigation; and

livestock watering; fire protection; and augmentation through a new well on the Subject Property.

Depletions will be presumed consumptive to non-consumptive at factors of 10/90 for domestic use, 85/150

for sprinkler irrigation use, and 100/0 for livestock watering, commercial, industrial fire protection and

augmentation uses. Sewage treatment for in-house use will be provided by a non-evaporative septic system.

During pumping, Applicant will replace actual depletions to the affected stream system pursuant to Section

37-90-137(9)(c.5), C.R.S. Depletions may occur to the Cherry Creek stream system, which is tributary to

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the South Platte River. Return flows will accrue to the South Platte River stream systems, and those return

flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant

will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post

pumping augmentation requirements. 9. Name(s) and address(es) of owner(s) or reputed owners of the

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

be constructed: Applicant. WHEREFORE, Applicant prays that this Court enter a Decree: Granting the

Application herein and awarding the water rights claimed herein as final water rights, except as to those

issues for which jurisdiction of the Court will be specifically retained; Specifically determining that:

Applicant has complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal;

and Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals

of groundwater and the plan for augmentation proposed herein. FURTHER, Applicant prays that this Court

grant such other relief as seems proper in the premises. Pages 4.

19CW3179 CHRISTOPHER MCKAY, 16621 CR 46, Sterling, Colorado 80751, and NORTH

STERLING IRRIGATION DISTRICT, c/o Manager, P.O. Box 103, Sterling, Colorado 80751. Please

send all pleadings and correspondence to Paul F. Holleman and Bradley N. Kershaw, Buchanan Sperling

& Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302. APPLICATION FOR

UNDERGOUND WATER RIGHT FOR EXISTING WELLS AND TO ADD NEW USES OF

WELLS TO PLAN FOR AUGMENTATION, in LOGAN AND MORGAN COUNTIES. 2. Purpose

of application: Applicant, Christopher McKay is the owner of Duncan Well - Permit No. 115979 ("Duncan

Well"), and Crossiant Bros. Well - Permit No. 57769 ("Crossiant Bros. Well"), which are existing exempt

wells. The purpose of this application is to add commercial and stock watering uses to the wells so they

can be used in a feedlot described in paragraph 5 below. The new commercial and stock watering uses will

be included in the plan for augmentation decreed to applicant, North Sterling Irrigation District ("North

Sterling") in Case No. 96CW1034, on July 21, 2006 ("North Sterling Augmentation Plan" or "96CW1034

Decree"). These new uses will be included in the North Sterling Augmentation Plan for purposes of

replacement of out-of-priority depletions from the Duncan Well and the Crossiant Bros. Well associated

with the new uses. The exempt uses of the wells will continue. Underground Water Right for Existing

Wells 3. Description of Duncan Well: A. Name of Structure: Duncan Well; WDID No. 6405422; Permit

No. 115979. B. Prior Decrees: The Duncan Well was originally decreed as an exempt well in Case No.

80CW393, entered June 15, 1981. By decree in Case No. 85CW107, entered November 6, 1986, the

originally decreed uses were made absolute. Both decrees are by the District Court in and for Water

Division No. 1. C. Legal description of point of diversion: Duncan Well is located at a point 1330 feet

north and 1850 feet west of the Southeast corner of Section 11, Township 9 North, Range 53 West of the

6th P.M., Logan County, Colorado. D. Source: Groundwater. E. Date of appropriation: September 23,

2019. F. How appropriation was initiated: By application of water to beneficial use for commercial and

stock watering uses and by filing the application in this case. G. Amount: 50 gpm. 4. Description of

Crossiant Bros. Well: A. Name of Structure: Crossiant Bros. Well; Permit No. 57769. B. Prior Decrees:

Exempt well. C. Legal description of point of diversion: Crossiant Bros. Well is located at a point 856 feet

north and 1410 feet west of the Southeast corner of Section 11, Township 9 North, Range 53 West of the

6th P.M., Logan County, Colorado. D. Source: Groundwater. E. Date of appropriation: September 23,

2019. F. How appropriation was initiated: By application of water to beneficial use for commercial and

stock watering uses and by filing the application in this case. G. Amount: 50 gpm. 5. Proposed use: The

proposed new use for both the Duncan Well and the Crossiant Bros. Well is commercial and stock watering

use in a feedlot located in the Southeast Quarter of Section 11, Township 9 North, Range 53 West of the

6th P.M., Logan County, Colorado. Water from both wells is currently being used for these purposes. 6.

Names and addresses of owners or reputed owners of the land upon which any new diversion structure or

storage structure, or modification to an existing diversion or storage structure is or will be constructed or

upon which water is or will be stored, including any modification to the existing storage pool: The wells

and the feedlot where the water will be used for the new uses are on land owned by applicant Christoper

McKay. Inclusion of Wells in North Sterling Augmentation Plan 7. Structures and uses to be added to

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the North Sterling Augmentation Plan: The Duncan Well described in paragraphs 3.A.-G. above, for

commercial and stock watering use, and the Crossiant Bros. Well described in paragraphs 4.A.-G. above,

for commercial and stock watering use. 8. Water rights to be used for augmentation pursuant to the North

Sterling Augmentation Plan: The water rights identified in paragraph 58 of the 96CW1034 Decree, which

include the following: A. The North Sterling Recharge Water Right and the North Sterling Recharge Water

Right, First Enlargement, described in paragraphs 17-34 of the 96CW1034 Decree. B. The changed amount

of the North Sterling Reservoir Water Right described at paragraphs 35-55 of the 96CW1034 Decree, being

15,000 acre-feet of the North Sterling Reservoir Water Right measured at the North Sterling Inlet Ditch

Headgate Flume. C. Additional sources of replacement water that may be authorized for use in the North

Sterling Augmentation Plan subject to the terms and conditions of paragraph 61.d.v.B of the 96CW1034

Decree. 9. Proposed terms and conditions: A. Out-of-priority depletions to the South Platte River

attributable to commercial and stock watering uses of the Duncan Well and Crossiant Bros. Well will be

replaced pursuant to the terms of the 96CW1034 Decree. The terms and conditions for replacement of

depletions from commercial and stock watering uses of the Duncan Well and Crossiant Bros. Well will be

the same as those applied to the other commercial and stock watering wells in the North Sterling

Augmentation Plan. B. The effects on the South Platte River resulting from the consumptive use of water

occurring from the pumping of the Duncan Well and Crossiant Bros. Well for commercial and stock

watering uses will be calculated in accordance with the methodology set forth in the 96CW1034 Decree for

other commercial and stock watering uses including, but not limited to use of a consumptive use factor of

100% for calculating depletions from commercial and stock watering uses of the Duncan Well and

Crossiant Bros. Well. The proposed aquifer parameters for these wells are as follows: i. Duncan Well: (1)

Distance from river (feet) "X": 500; (2) Width of alluvium (feet) "W": 5,000; (3) Transmissivity (gpd/ft)

"T": 28,800; (4) Specific yield of aquifer "S": 20%. ii. Crossiant Bros. Well: (1) Distance from river (feet)

"X": 900; (2) Width of alluvium (feet) "W": 4,500; (3) Transmissivity (gpd/ft) "T": 31,400; (4) Specific

yield of aquifer "S": 20%. C. Depletions attributable to commercial and stock watering uses of the Duncan

Well and Crossiant Bros. Well will affect the South Platte River in that reach beginning at the Sterling No.

1 Ditch headgate downstream to the Iliff and Platte Ditch headgate, described in paragraph 60 of the

96CW1034 Decree as "Impact Reach No. 3." D. On-going out-of-priority depletions attributable to prior

pumping of the Duncan Well and Crossiant Bros. Well for commercial and stock watering uses will be

replaced under the North Sterling Augmentation Plan. WHEREFORE, applicants request the Court to enter

a decree adding the commercial and stock watering uses of water to the Duncan Well and Crossiant Bros.

Well and adding those uses as uses to be augmented under the North Sterling Augmentation Plan pursuant

to the terms and conditions in that plan and the additional terms and conditions described above. (7 pages).

19CW3180 The City and County of Denver, acting by and through its Board of Water Commissioners

(“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Telephone: 303-628-

6460. Jessica R. Brody, General Counsel, Casey S. Funk, Daniel J. Arnold, James M. Wittler, Andrew J.

Hill. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE

ABSOLUTE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND

COUNTY OF DENVER ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS,

IN THE CITY AND COUNTY OF DENVER, AND ADAMS AND WELD COUNTIES, Application

sixteen (16) pages. 2. Name of Water Rights: The South Reservoir Complex Exchanges; the North

Reservoir Complex Exchange; and the Lupton Lakes Recycling Plant Exchange (collectively, the

“Exchanges”). 3. Description of Subject Water Right and Information From Previous Decree: (A) Case

Number and Court: 2009CW123, Water Division No. 1 (B) Date of Original Decree: September 25, 2013

(C) Exchange-To and Exchange-From Points: The Exchanges will be used to transfer water from: (1) the

Lupton Lakes Complex, North Reservoir Complex, and the Metro Wastewater Reclamation District

Treatment Plant Outfall to Denver Water’s South Reservoir Complex; (2) the Lupton Lakes Complex to

the North Reservoir Complex; and (3) the Lupton Lakes Complex to the Denver Water Recycling Plant

Pump Station. Maps showing the approximate locations of the exchange reaches and associated upstream

and downstream terminus points are generally described below and depicted in Exhibit A: (1) South

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Reservoir Complex Exchanges: i. Exchange-To Point – Burlington Ditch Headgate: The location of the

Burlington headgate is on the east bank of the South Platte River, in the NE1/4 of the SW1/4, Section 14,

T3S, R68W, 6th P.M., in City and County of Denver, Colorado, 2456.2 feet east of the west line of the

southwest quarter and 2347.7 feet north of the south line of said southwest quarter of Section 14. The

headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM

coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. The Burlington

Ditch is used to convey water to the South Reservoir Complex. ii. Exchange-From Points: (a) Metro

Wastewater Reclamation District Treatment Plant South Platte River Outfall: The point where the Metro

Wastewater South Platte River Outfall physically discharges water to the South Platte River, located in the

NE1/4 of the NW1/4, Section 12, Township 3 South, Range 68 West of the 6th P.M., in Adams County,

Colorado, approximately 37 feet from the north section line and 1,367 feet from the west section line. (b)

North Reservoir Complex Outlet Structure: The point where the North Reservoir Complex Outlet Structure

physically discharges water to the South Platte River, located in the NW1/4 of the NE1/4 of Section 3,

Township 2 South, Range 67 West of the 6th P.M., in Adams County, Colorado, being 2578.48 feet westerly

of the easterly line of said section and 179.01 feet southerly of the northerly line of said section. (c) Lupton

Lakes Complex Outlet Structure: The point where the future Lupton Lakes Complex Outlet Structure

discharges water to the South Platte River, expected to be located in the NE1/4 of the NW1/4 of Section

19, Township 1 North, Range 66 West of the 6th P.M., in Weld County, Colorado. Because the location

of the outlet structure has not been finalized, distances to sections lines are not available at this time. (2)

North Reservoir Complex Exchange: i. Exchange-To Point – The Fulton Ditch Headgate: The Fulton Ditch

headgate is located on the east bank of the South Platte River, in the NE1/4 of the SE1/4, Section 17,

Township 2 South, Range 67 West of the 6th P.M., in Adams County, Colorado, at a point approximately

2,815 feet south and 145 feet west of the NE corner of said Section 17. The places of storage for water

diverted at the Fulton Ditch headgate pursuant to this exchange include, but are not limited to, Denver

Water’s North Reservoir Complex. ii. Exchange-From Point – Lupton Lakes Complex Outlet Structure:

The point where the future Lupton Lakes Complex Outlet Structure physically discharges to the South

Platte River, expected to be located in the NE1/4 of the NW1/4 of Section 19, Township 1 North, Range

66 West of the 6th P.M., in Weld County, Colorado. Because the location of the outlet structure has not

been finalized, distances to section lines are not available at this time. (3) Lupton Lakes Recycling Plant

Exchange: i. Exchange-To Point – Denver Water Recycling Plant Pump Station: Denver Water’s Recycling

Plant Pump Station is located near the Metro Wastewater Reclamation District Treatment Plant (“Metro”)

South Platte River Outfall. The Recycling Plant Pump Station diverts treated water from the wastewater

treatment plant effluent stream at two points, both of which are located in the NE1/4 of the NW1/4, Section

12, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. The first point is

located approximately 777 feet from the north section line and 1,455 feet from the west section line, while

the second point is located approximately 797 feet from the north section line and 1,553 feet from the west

section line. The Recycling Plant Pump station diverts treated water from Metro before it reaches the South

Platte River. ii. Exchange-From Point – The Lupton Lakes Complex Outlet Structure: The point where the

future Lupton Lakes Complex Outlet Structure physically discharges to the South Platte River, expected to

be located in the NE1/4 of the NW1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., in

Weld County, Colorado. Because the location of the outlet structure has not been finalized, distances to

section lines are not available at this time. (D) Exchange Reaches: An exchange matrix that illustrates the

exchange reaches, flow rates and volumetric limits for the Exchanges is attached hereto as Exhibit B. As

described herein and in Exhibit B, the Exchanges are comprised of five conditional appropriative rights of

exchange in the following reaches: (1) Exchange Reach A: From the Metro Wastewater Reclamation

District Treatment Plant South Platte River Outfall located in Section 12 to the Burlington Ditch headgate

located in Section 14 with both being in Township 3 South, Range 68 West. (2) Exchange Reach B: From

the North Reservoir Complex Outlet Structure located in Section 3, Township 2 South, Range 67 West to

the Burlington Ditch headgate located in Section 14, Township 3 South, Range 68 West. (3) Exchange

Reach C: From the Lupton Lakes Complex Outlet Structure located in Section 18, Township 1 North,

Range 66 West to the Burlington Ditch headgate located in Section 14, Township 3 South, Range 68 West.

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(4) Exchange Reach D: From the Lupton Lakes Complex Outlet Structure located in Section 18, Township

1 North, Range 66 West to the Fulton Ditch headgate located in Section 17, Township 2 South, Range 67

West. (5) Exchange Reach E: From the Lupton Lakes Complex Outlet Structure located in Section 18,

Township 1 North, Range 66 West to the Denver Water Recycling Plant Pump Station located in Section

12, Township 3 South, Range 68 West. (E) Sources: (1) Source of water at Exchange-to Points: South

Platte River and streams and effluent wastewater tributary thereto. For the purposes of this decree only,

effluent wastewater is water from non-reusable South Platte water rights and water not claimed as reusable

by other water users. This includes wastewater that is treated by Metro and intercepted by Denver Water

from the Metro Wastewater Treatment Plant South Platte River Outfall before being discharged to the South

Platte River. (2) Sources of Substitute Supply: The water rights that will be used as substitute supplies to

operate the Exchanges, either by discharge at the Metro Wastewater Treatment Plant South Platte River

Outfall or after storage in the North Reservoir Complex or the Lupton Lakes Complex, are listed in Exhibit

C. (F) Appropriation Date: August 31, 2009 (G) Flow Rates and Volumetric Limits: (1) Flow Rates: i.

South Reservoir Complex Exchanges: Exchanges within Exchange Reaches A, B, and C, individually or

combined or in combination with the diversions under the water rights decreed in Case Nos. 2001CW286

WD1 and 2009CW264 WD1, will not exceed a maximum rate of 50 cfs, CONDITIONAL. ii. North

Reservoir Complex Exchange: Exchanges within Exchange Reach D will not exceed a maximum rate of

80 cfs, CONDITIONAL. iii. Lupton Lakes Recycling Plant Exchange: Exchanges within Exchange Reach

E, individually or in combination with diversions under the water rights decreed in Case No. 2001CW287

WD1, will not exceed a maximum rate of 70 cfs, CONDITIONAL. (2) Volumetric Limits: i. South

Reservoir Complex Exchanges: Exchanges within Exchange Reaches A, B, and C, will not cumulatively

exceed an annual volumetric limitation of 3,300 acre-feet. ii. North Reservoir Complex Exchange:

Exchanges within Exchange Reach D will not cumulatively exceed an annual volumetric limitation of

11,400 acre-feet. iii. Lupton Lakes Recycle Plant Exchange: Exchanges within Exchange Reach E will not

cumulatively exceed an annual volumetric limitation of 11,400 acre-feet. Exchanges operated within

Exchange Reach E will be operated in conjunction with the Recycling Plant Substitution and Exchange and

Recycling Plant Intake Water Right decreed in Case No. 2001CW287 WD1, and will be jointly subject to

the same overall volumetric limit of 17,500 acre-feet that the Recycling Plant Substitution and Exchange

and Recycling Plant Intake Water Right are subject to in 2001CW287 WD1. iv. Combined Volumetric

Limit: Exchanges for Exchange Reaches A, B, C, D, and E, as decreed herein, shall not exceed an annual

combined volumetric limit of 26,100 acre-feet. (H) Use: The use of water diverted at the Exchange-to

Points under the Exchanges will be limited to the decreed uses of the sources of substitute supply. Decreed

uses of potential sources of substitute supply include, but are not limited to, beneficial use by direct use

and/or by storage and/ or by exchange, non-agricultural irrigation, commercial, industrial and all municipal

uses, including domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage

treatment, street sprinkling, irrigation of parks, lawns, grounds, and open spaces, recreation, piscatorial,

maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, and

augmentation and/or replacement. Denver Water may, if allowed by the decreed uses of the sources of

substitute supply, fully consume waters diverted and stored under this appropriation by direct use, storage

and subsequent release, reuse, successive use, further exchange and disposition. (I) Place of Use: The place

of use for the water diverted under the Exchanges will be limited to the decreed places of use for the sources

of substitute supply. The place of use can generally be described as wherever Denver may legally provide

water. The place of use includes Denver Water’s service area as it exists now or may exist in the future,

and areas outside Denver Water’s service area pursuant to existing and future water contracts and other

related agreements. CLAIM FOR FINDING OF REASONABLE DILIGENCE 4. Diligence Activities.

The following activities describe Denver Water’s steady application of effort to complete the appropriation

in a reasonably expedient and efficient manner under all the facts and circumstances: (A) Amounts

Expended: The following work described in paragraphs 4.B through 4.E below describes Denver Water’s

effort to maintain and fully develop the Downstream Reservoir Water Storage Program (“DRWSP”) and

its Recycling Water Treatment Plant (“Recycling Plant”), which will be used to operate the Exchanges and

beneficially use water. Over the last diligence period, Denver Water has spent at least $46,000,000 on the

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DRWSP and Recycling Plant. These projects, which are further described below, allow for the operation

of the Exchanges and application of water to beneficial use. (B) The South Reservoir Complex: (1) In 2014,

Western States Reclamation completed reclamation work on the outer dam embankment of Bambei-Walker

Reservoir for approximately $234,000. (2) In 2014, Denver Water and South Adams County Water and

Sanitation District entered into an Intergovernmental Agreement (“IGA”) which addressed a wide range of

complex issues regarding joint use of downstream reservoirs, including: allocation and repayment of costs,

near-term and long-term operations, a water rights peace pact, temporary treated water connections, and

conveyance of jointly acquired property interests. Denver Water’s total costs were approximately

$6,199,000. (3) In 2016, Denver Water acquired a permanent easement for access, construction,

maintenance, repair, relocation, and replacement of utilities for a total cost of approximately $13,000. (4)

In 2017, the design-build team of Brown and Caldwell and J.R. Filanc Construction Company designed

and constructed aeration systems and infrastructure at the South Reservoir Complex to mitigate water

quality issues. The total project cost was approximately $1,404,000. (C) The North Reservoir Complex:

(1) Howe-Haller A and B Reservoirs: i. In 2013, Colorado Total Maintenance constructed a modular

concrete block wall for the First Creek inlet at Howe-Haller Reservoir B. The total project cost was

approximately $7,000. ii. In 2015, Kumar & Associates performed a geotechnical engineering study and

developed a final design for the repair of reservoir bank slopes impounding the Howe-Haller A and B

Reservoirs. The total project cost was approximately $70,000. iii. In 2015, Alden Research Laboratory

provided hydraulic and structural engineering for the new spillway/rundown structure at Denver Water’s

Howe-Haller A Reservoir. The total project cost was approximately $46,000. iv. In 2016, Environmental

Logistics completed property fencing around Howe-Haller A, B, and Hazeltine Reservoirs. The total

project cost was approximately $528,000. v. In 2016, Tezak Heavy Equipment Co., Inc. regraded and

reconstructed the reservoir slopes damaged during 2013 and 2015 flooding. A new concrete rundown and

spillway structure was also constructed to pass future flood flows from First Creek safely into Howe-Haller

A Reservoir. The total project cost was approximately $1,267,000. vi. In 2016, Olsson Associates provided

engineering related to identifying potential locations for rundown structures to protect slopes from flooding

damage at Howe-Haller A and B. The total project cost was approximately $27,000. vii. In 2018, RE

Monks Construction Company, LLC completed repair of the Hazeltine/Howe-Haller B Reservoirs

temporary platform fill slope. The total project cost was approximately $533,000. (2) Dunes Dam and

Reservoir: i. In 2013, Denver Water purchased two tracts of land needed to complete the fencing project

for Dunes Reservoir. The total cost was approximately $71,000. ii. In 2013, Standard Fence Company

completed property fencing around Dunes Reservoir for a total project cost of approximately $61,000. iii.

In 2015, AECOM Technical Services Inc. provided inundation mapping for Dunes Reservoir for a total

project cost of approximately $32,000. iv. In 2017, United Power Inc. completed a new electric service for

the Dunes Reservoir water valve connection vault. The total project cost was $26,000. v. Denver Water

began filling Dunes Reservoir by gravity from the Fulton Ditch in February 2018. (3) Hazeltine Reservoir:

i. In 2013, Brierley Associates, LLC provided a geotechnical report for the Hazeltine outlet structure for a

total project cost of approximately $13,000. ii. In 2013, Short Elliot Hendrickson, Inc. provided engineering

services necessary for the preparation and submission of a floodplain compliance permit for Hazeltine

Reservoir. The total project cost was approximately $5,000. iii. In 2014, Rodney Hunt Company produced

a slide gate for the Hazeltine outlet structure to control the flows from Dunes and Tanabe Reservoirs. The

total project cost was approximately $26,000. iv. In 2015, Envirocon, Inc. completed the installation of

1,840 linear feet of soil bentonite barrier, 140 linear feet of slurry wall structural cap, and site restoration.

The total project cost was approximately $491,000. v. In 2018, Shannon & Wilson, Inc. completed

geotechnical field exploration work at Hazeltine and Howe-Haller B Reservoirs. The total project cost was

approximately $19,000. (4) Tanabe Reservoir: i. In 2013, MWH Americas Inc. provided construction phase

services for the Tanabe Reservoir outlet and interconnect pipeline for a total project cost of approximately

$181,000. ii. In 2013, T. Lowell Construction Inc. constructed an interconnect conduit, reinforced the

concrete inlet/outlet structure, a pipeline access vault, a building to house controls for regulating flow

between Tanabe Reservoir and the Fulton Inlet Pipeline valve vault, and the Hazeltine Pump Station

Pipeline which connects the Fulton Inlet Pipeline valve vault to the North Reservoir Complex Outlet. The

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total project cost was approximately $5,865,000. iii. In 2017, Environmental Logistics completed

installation of property fencing for Tanabe Reservoir and removal of the previously existing mining fence.

The total project cost was approximately $54,000. iv. Denver Water began filling Tanabe Reservoir by

gravity from the Fulton Ditch in February 2018. (5) General North Reservoir Complex Work: i. In 2013,

Colorado Total Maintenance furnished and installed property fencing for Dunes and Howe-Haller B

Reservoirs. The total cost was approximately $164,000. ii. In 2013, ERO Resources Corporation provided

environmental consulting and permitting services for the Hazeltine Reservoir Outfall 404 Permit. The total

project cost was approximately $6,000. iii. In 2014, Olsson Associates, Inc. provided engineering services

to identify impacts on floodplain related to construction of berms, options for armoring the slopes for

protection during future flood events and repairing slopes to previous dimensions. The total project cost

was approximately $59,000. iv. In 2014, Concrete Works of Colorado, Inc. constructed the outlet for the

North Reservoir Complex. The total project cost was approximately $2,085,000. v. In 2016, Burns &

McDonnell Engineering Company, Inc. completed the first phase of the North Reservoir Complex

electrical, instrumentation, and control project for a total cost of approximately $5,533,000. vi. In 2017, the

design-build team of Brown and Caldwell and J.R. Filanc Construction Company designed and constructed

aeration systems and infrastructure at the North Reservoir Complex to mitigate water quality issues. The

total project cost was approximately $1,987,000. vii. In 2018, Denver Water acquired a share in the Fulton

Ditch Irrigating Company. viii. Denver Water continues to maintain active sand and gravel mining permits

through the Division of Reclamation, Mining, and Safety on an annual basis for the mining operations

remaining at the North Reservoir Complex. (D) Lupton Lakes Complex: (1) In 2013, RJH Consultants, Inc.

evaluated groundwater issues associated with Lupton Lakes Complex gravel mining. The total project cost

was approximately $25,000. (2) In 2014, RJH Consultants, Inc. evaluated potential barrier wall options to

provide a lined underground water reservoir and reduce potential impacts to adjacent properties from

dewatering associated with the ongoing mining and future liner construction. The total project cost was

approximately $54,000. (3) In 2015, Mac-Bestos, Inc. completed abatement work for a house located within

the south cell of the Lupton Lakes Complex prior to demolition. The total project cost was approximately

$8,000. (4) In 2015, Maptek conducted LIDAR field scanning to capture updated topography at the Lupton

Lakes Complex for a total project cost of approximately $8,000. (5) In 2016, Denver Water acquired a

temporary easement for construction related operations, activities, and access to the Lupton Lakes Complex

property for a total cost of approximately $5,000. (6) In 2016, RJH Consultants, Inc. provided Owner’s

Consultant services for the groundwater cutoff walls project at the Lupton Lakes Complex. The total project

cost was approximately $334,000. (7) In 2016, Denver Water purchased 100 acre-feet of storage capacity

in the Lupton Lakes Complex from the City of Fort Lupton (“Ft. Lupton”). The storage capacity had

previously been gifted to Ft. Lupton by Denver Water’s predecessor-in-interest. The total cost of purchase

was $200,000. (8) In 2016, Denver Water conveyed property for use as public rights-of-way to satisfy an

Annexation Agreement with Ft. Lupton. (9) In 2016, Concrete Works of Colorado, Inc. constructed a new

access road for continued mining activity at the Lupton Lakes Complex. The total project cost was

approximately $119,000. (10) Since 2015, Denver Water has contributed towards the cost of dewatering of

offsite wells required by on-going mining activities at the Lupton Lakes Complex. The total amount spent

to date is approximately $922,000. (11) In 2016 and 2017, the design-build team of Deere and Ault

Consultants, Inc. and Great Lakes Environmental & Infrastructure designed and constructed the

groundwater cutoff wall and interior reservoir slopes for the North Cell of the Lupton Lakes Complex. The

total project cost was approximately $9,873,000. (12) In 2018, the design-build team of Deere and Ault

Consultants, Inc. and Great Lakes Environmental & Infrastructure designed and began construction of the

groundwater cutoff wall for the South Cell of the Lupton Lakes Complex. Completion of the project is

scheduled for 2019. To date, the total amount spent is approximately $4,798,000. (13) In 2017, the

Colorado Division of Water Resources approved the groundwater cutoff wall installed in the North Cell at

the Lupton Lakes Complex as meeting the design standard. (14) Denver Water maintains compliance with

the Division of Reclamation, Mining, and Safety through annual permitting for the active mining operations

at the Lupton Lakes Complex. (E) Recycling Plant: The following work describes Denver Water’s effort to

maintain and fully develop the Recycling Plant and recycle distribution system, which will be used to treat

15

and deliver exchanged water from the DRWSP: (1) In 2014, Hatch Mott MacDonald created an up-to-date

conformed set of two-dimensional as-built drawings and a base drawing for the Recycling Plant. The total

project cost was approximately $155,000. (2) In 2015, Innovative Power Systems, Inc. replaced a motor at

a pump station within the recycle distribution system for a total cost of approximately $67,000. (3) In 2015,

CH2M Hill Engineers, Inc. conducted an evaluation of the chlorination system at the Recycling Plant for a

total project cost of approximately $45,000. (4) In 2015, Denver Water and the Park Creek Metropolitan

District established the Stapleton North Recycled Water Infrastructure Agreement which provided terms

and conditions for the completion of recycled water infrastructure within the Stapleton North portion of the

Park Creek Metropolitan District. (5) In 2015, T Lowell Construction, Inc. furnished and installed

approximately 7,700 feet of 24-inch diameter recycled water pipeline and appurtenances in the Stapleton

North area. The total project cost was approximately $3,010,000. (6) In 2015, Carollo Engineers, Inc.

provided professional services regarding recycled water demand management. The total project cost was

approximately $53,000. (7) In 2016, Denver Water and Denver Public Schools (“DPS”) entered into a

Memorandum of Understanding (“MOU”) regarding the conversion of DPS facilities to recycled water for

irrigation. Denver Water provided matching funds for a DPS grant for these conversions at a total cost of

$20,000. (8) In 2017, Stantec Consulting Services, Inc. provided technical support during the triennial

review process of Regulation 84 with the Colorado Department of Public Health and Environment for new

uses of reclaimed water. The total project cost was approximately $115,000. (9) In 2017, Denver Water

and Sand Creek Metropolitan District (“SCMD”) entered into a MOU outlining permit requirements for

recycled water provided to SCMD lakes. 5. Claim to Make Absolute: Based on operation of an exchange

from the Metro Wastewater Reclamation District South Platte River Outfall to the Burlington Ditch

headgate on May 9, 2017, Denver Water claims that 34.51 cfs of Exchange Reach A has been made

absolute. Denver Water may rely on accounting records of other exchanges operated within Exchange

Reach A during the diligence period to support its claim to make absolute an amount equivalent to or less

than 34.51 cfs. 6. Names and Addresses of Landowners Where Structures are Located: The following list

includes the names and addresses of owners of the land upon which any new diversion or storage structure

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

constructed or upon which water is or will be stored. Denver Water is providing notice to the following

entities because this application relates to certain structures and property in which the following entities

may have a property interest. (A) Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue,

Brighton, CO 80601 (B) Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO

80601 (C) Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601 (D) Henrylyn

Irrigation District, 29490 County Road 14, Keenesburg , CO 80643 (E) Fulton Irrigating Ditch Company,

25 South 4th Avenue, Brighton, CO 80601 (F) Hunt Brothers Properties Inc., c/o Asphalt Specialties

Company Inc., 10100 Dallas Street, Henderson, CO 80640-8491 (G) Metro Wastewater Reclamation

District, 6450 York Street, Denver, CO 80229 (H) City of Aurora, 15151 East Alameda Parkway, Aurora,

CO 80012

19CW3181 (Prior Case Nos. 1996CW1116; 2011CW203) City of Thornton (“Thornton”), c/o Water

Resources Division, 12450 Washington Street, Thornton, Colorado, 80241. Telephone: (720) 977-6600.

Please send all pleading and correspondence to David C. Taussig, Alan E. Curtis, and Virginia Sciabbarrasi,

White & Jankowski, LLP, 511 Sixteenth Street, Suite 500, Denver, Colorado, 80202. Tele: (303) 595-9441

APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO CONFIRM

PORTIONS OF WATER RIGHTS AS ABSOLUTE IN LARIMER, WELD, JEFFERSON, AND

ADAMS COUNTIES. 2. Background and Introduction. a. The City of Thornton ("Thornton") is a

municipal corporation of the State of Colorado. Thornton owns and operates a municipal water and sewer

utility system not only for the benefit of its customers within Thornton’s boundaries, but also for the

provision of water and sewer service to such extra-territorial customers as it may serve within its service

area pursuant to its city charter, agency relationships and contractual commitments. b. On October 20,

2005, the District Court for Water Division 1 (“Water Court”) entered its Findings of Fact, Conclusions of

Law, Ruling and Decree in Case No. 1996CW1116, which adjudicated the conditional water rights that are

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the subject of this application (“Original Decree”). In doing so, the Water Court approved a series of

exchanges and substitutions that Thornton has used or will use for three primary purposes: i.

Implementation of Thornton’s Northern Project. Thornton’s Northern Project (“TNP”) was decreed in

Consolidated Cases No. 86CW40l, 86CW402, 86CW403 and 87CW332 (the “Northern Project Decree” or

“TNP”). The Original Decree permits Thornton to release water from certain exchange reservoirs with

points of diversion on the South Platte River to be conveyed downstream to the confluence with the Cache

La Poudre River to either: (a) be used to meet Thornton’s replacement obligations under the Northern

Project Decree or (b) be delivered to the ditch system of the Water Supply and Storage Company (“WSSC”)

pursuant to the terms of the Northern Project Decree. The Original Decree approved the use of “Exchange

Reservoirs” as defined in the Original Decree to effectuate exchanges authorized by the Northern Project

Decree. ii. Exchanges of Northern Project water upstream on the South Platte River and its tributaries to

other Thornton facilities. At times, water to which Thornton is entitled under the Northern Project Decree

will be released, delivered to the South Platte River, and exchanged upstream to Thornton’s points of

diversion or storage on the South Platte River, Big Dry Creek and Clear Creek. The Original Decree

approved new conditional appropriative rights for these exchanges. iii. Exchanges and substitutions

between or among Thornton’s facilities. At times, water stored will be moved between or among

Thornton’s facilities, upstream or downstream, whether by interconnection, gravity flow, pumping, release

and re-diversion, or by release and exchange, in order to serve the operation of Thornton’s water system.

The Original Decree authorized various methods, including both direct connection and exchanges, to move

water among and between Thornton’s facilities subject to terms and conditions. All of the water may

eventually be used for a variety of decreed uses in Thornton’s municipal system as it exists now or in the

future. c. Thornton’s water rights that were adjudicated in the Original Decree, summarized in 2.b above,

are referred to herein as “Thornton’s 96CW1116 Water Rights” or the “Subject Water Rights” and the

facilities, exchanges and substitutions used to implement those rights are part of Thornton’s integrated

system for diverting, storing, treating and delivering water to Thornton’s customers. A map of the portions

of Thornton’s water system relevant to the Original Decree is appended to this application as Exhibit A. 3.

Previous Decrees. Thornton’s 96CW1116 Water Rights were originally decreed in the Original Decree.

A first diligence decree was entered on September 22, 2013 in Case No. 2011CW203 (“2011CW203

Decree”) that also made part of the Subject Water Rights absolute. This is the second diligence application.

4. Names of Structures and Description of the Subject Water Rights. There are three classes of

structures associated with Thornton’s 96CW1116 Water Rights that are defined in the Original Decree: (1)

the components of the TNP, from which water may be released to the Cache La Poudre River and conveyed

to the South Platte River to allow diversions by exchange at Thornton’s facilities on the South Platte River,

Big Dry Creek and Clear Creek; (2) the “Exchange Reservoirs” on the South Platte River, to and from

which water may be exchanged; and (3) the “Additional Facilities” on the South Platte River, Big Dry

Creek, and Clear Creek that Thornton may use to exchange water. a. TNP Structures. These are the

structures that were adjudicated in the Northern Project Decree, and were incorporated by reference into

the Original Decree. See Northern Project Decree at 14.2.2.1-14.2.2.9, 14.3.2.1-14.3.2.2; Original Decree

at 14.2.1, 14.3.1. Provisions of the Northern Project Decree and the Original Decree relevant to the TNP

structures are incorporated into this application by reference. These structures are used to, inter alia, deliver

substitute supplies to the Cache La Poudre River that will be delivered to the confluence of that river with

the South Platte River and exchanged upstream along the South Platte River and its tributaries to other

Thornton structures. Legal descriptions and flow rates for the Northern Project structures are shown on

Exhibit B. b. Exchange Reservoirs. Thornton may use these structures to exchange water to or to receive

water by exchange from TNP structures, as described above; to exchange water to Additional Facilities,

described below; or to conduct exchanges and substitutions among Thornton’s facilities, including the

Exchange Reservoirs. The Exchange Reservoirs have water rights adjudicated in Case No. 91CW126

(“91CW126 Decree”), changes to the 91CW126 Decree in Case No. 04CW326 and a pending application

in Case No. 18CW3158 referenced below (collectively “Changes to 91CW126 Decree”). The provisions of

the 91CW126 Decree and decreed Changes to 91CW126 Decree relevant to the structures are incorporated

into this application by reference, as are relevant portions of the Original Decree. The source for the

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Exchange Reservoirs is the South Platte River as well as additional sources described for individual

structures below. The Exchange Reservoirs are described as follows: i. Doeringsfeld Pit. (1) This facility

will be located in the SE 1/4 of the SW 1/4, SW 1/4 of the SE 1/4, Section 3; NE 1/4 of the NE 1/4, Section

9; and NW 1/4, W 1/2 of the NE 1/4, NE 1/4 of the NE 1/4, Section 10, T5N, R65W, 6th P.M., Weld

County. (2) The decreed capacity is 4,474 acre-feet (“AF”). (3) The decreed point of diversion for this

facility is at the headgate of the Patterson Ditch on the north bank of the South Platte River in the NE 1/4

of the NE 1/4, Section 21, T5N, R65W, 6th P.M., Weld County, at a point approximately 641 feet South

and 5,133 feet East of the Northwest corner of said Section 21. ii. Doeringsfeld Pit, First Enlargement. (1)

This facility will be located in the SE 1/4 of the SW 1/4, SW 1/4 of the SE 1/4, Section 3; NE 1/4 of the NE

1/4, Section 9; and NW 1/4, W 1/2 of the NE 1/4, NE 1/4 of the NE 1/4, Section 10, T5N, R65W, 6th P.M.,

Weld County. (2) The decreed capacity is 1,526 AF. (3) The decreed point of diversion for this facility

is at the headgate of the Patterson Ditch, described above. iii. Fort Lupton Pit. (1) This facility will be

located in the W 1/2 of the SW 1/4, Section 7, T1N, R66W, 6th P.M.; and E 1/2 of the SE 1/4, Section 12,

T1N, R67W, 6th P.M., Weld County. (2) The decreed capacity is 2,700 AF. (3) The decreed points of

diversion are: (a) The headgate of the Lupton Bottom Ditch, on the northwest bank of the South Platte

River in the NW 1/4 of the SW 1/4, Section 19, T1N, R66W, 6th P.M., Weld County, at a point

approximately 2,110 feet North and 56 feet East of the Southwest corner of said Section 19. (b) Big Dry

Creek Diversion: On the north bank of Big Dry Creek in the SE 1/4 of the SE 1/4, Section 12, T1N, R67W,

6th P.M., Weld County, at a point approximately 4,691 feet South and 4,094 feet East of the Northwest

corner of said Section 12. (c) Fort Lupton Pit South Platte River Diversion: On the west bank of the South

Platte River in the SE 1/4 of the NW 1/4, Section 18, T1N, R66W, 6th P.M., Weld County, at a point

approximately 1,547 feet South and 3,769 feet West of the Northeast corner of said Section 18. iv. Rogers

Pit. (1) This facility is located in the NE 1/4 of Section 1, T1S, R67W; and the SW 1/4 of the NW 1/4 of

Section 6, T1S, R66W, 6th P.M., Adams County. (2) The decreed capacity is 2,500 AF. (3) The decreed

points of diversion are: (a) The headgate of the Brantner Ditch, on the north bank of the South Platte River

in the NE 1/4 of the SW 1/4, Section 4, T2S, R67W, 6th P.M., Adams County, at a point approximately

2,721 feet South and 2,140 feet East of the Northwest corner of said Section 4. (b) The headgate of the

Brighton Ditch, on the west bank of the South Platte River in the SE 1/4 of the SE 1/4, Section 11, T1S,

R67W, 6th P.M., Adams County, at a point approximately 780 feet North and 1,120 feet West of the

Southeast corner of said Section 11. (c) Rogers Pit South Platte River Diversion A: On the west bank of

the South Platte River in the NE 1/4 of the NE 1/4, Section 1, T1S, R67W, 6th P.M., Adams County, at a

point approximately 1,000 feet south and 50 feet west of the Northeast corner of said Section 1. (d) Rogers

Pit South Platte River Diversion B: On the northwest bank of the South Platte River in the NW 1/4 of the

SW 1/4, Section 6, T1S, R66W, 6th P.M., Adams County, at a point approximately 2,480 feet South and

300 feet East of the Northwest corner of said Section 6. v. Hammer Pit. (1) The decreed location for this

facility is the SE 1/4, the S 1/2 of the NE 1/4, and the SE 1/4 of the NW 1/4 of Section 14; and the E 1/2 of

the NW 1/4, and NW 1/4 of the NE 1/4, Section 23, T1S, R67W, 6th P.M., Adams County. In Case No.

2018CW3158, Thornton applied to change the location to the as-built location in the E1/2 SW1/4, and W1/2

SE1/4, Section 14; and the NW1/4, NW1/4 NE1/4 and N1/2 SW1/4, Section 23, T1S, R67W, 6th P.M., in

Adams County, Colorado. (2) The decreed capacity is 1,600 AF. In Case No. 2018CW3158, Thornton

applied to change 516.1 AF from the Cooley East Pit to the Hammer Pit describe above. The new total for

the Hammer Reservoir is 2,116.1 AF. (3) The decreed points of diversion are: (a) The headgate of the

Brantner Ditch, described above. (b) Hammer Pit South Platte River Diversion A: On the west bank of the

South Platte River in the NE 1/4 of the NW 1/4 of Section 23, T1S, R67W, 6th P.M., Adams County, at a

point approximately 1,100 feet south and 2,500 feet east of the Northwest corner of said Section 23. (c)

Hammer Pit South Platte River Diversion B: On the west bank of the South Platte River in the SE 1/4 of

the NE 1/4 of Section 14, T1S, R67W, 6th P.M., Adams County, at a point approximately 2,400 feet south

and 580 feet west of the Northeast corner of said Section 14. vi. Cooley East Pit. (1) This facility is

located in the S 1/2 of Section 9, and the NW 1/4 of Section 16, T2S, R67W, 6th P.M., Adams County. (2)

The decreed capacity is 5,100 AF. In Case No. 2018CW3158, Thornton applied to change 516.1 AF from

the Cooley East Pit to the Hammer Pit describe above. The new total for the Cooley East Pit is 4,583.9 AF.

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(3) The decreed point of diversion is at the headgate of the Fulton Ditch, on the east bank of the South

Platte River in the NE 1/4 of the SE 1/4, Section 17, T2S, R67W, 6th P.M., Adams County, at a point

approximately 2,815 feet South and 145 feet West of the Northeast corner of said Section 17. Thornton

has the right to use capacity in the Fulton Ditch. (4) In addition, Thornton may divert water into the Cooley

East Pit by exchange, using the Burlington Ditch. The point of diversion for the Burlington Ditch in the

Original Decree is on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, T3S,

R68W, 6th P.M. in Adams County at a point approximately 2,200 feet West and 2,300 feet South of the

Northeast corner of said section. vii. Cooley West Complex. (1) This facility is located in the NE1/4,

N1/2 of the SE1/4, NE1/4 of the SW1/4, and E1/2 of the NW1/4, Section 17, T2S, R67W, 6th P.M., Adams

County. This legal description is based on the change of water rights decreed in Case No. 04CW326. (2)

The decreed capacity is 4,411.37 AF. This amount is based on the change of water rights decreed in Case

No. 04CW326. (3) The decreed points of diversion are: (a) The combined headgate of the Lower Clear

Creek Ditch and Colorado Agricultural Ditch, on the north bank of Clear Creek in the SW1/4 of the SE1/4,

Section 4, T3S, R68W, 6th P.M., Adams County, at a point approximately 1,200 feet North and 1,400 feet

West of the Southeast corner of said section. (b) Cooley West Pit South Platte River Diversion: On the

northwest bank of the South Platte River in the SW 1/4 of the NW 1/4, Section 20, T2S, R67W, 6th P.M.,

Adams County, at a point approximately 3,780 feet North and 15 feet East of the Southwest corner of said

Section 20. (c) In addition, Thornton may divert by exchange at the Burlington Ditch and deliver water to

the Cooley West Complex through the West Sprat-Platte Pit or the East Sprat-Platte Pit, described hereafter.

viii. West Sprat-Platte Pit. (1) This facility is located in the SW 1/4, Section 17, and the NW 1/4 of the

NW 1/4, Section 20, T2S, R67W, 6th P.M., Adams County. (2) The decreed capacity is 1,900 AF. (3)

The decreed points of diversion are: (a) The combined headgate of the Lower Clear Creek Ditch and

Colorado Agricultural Ditch, described above. (b) West Sprat-Platte Pit South Platte River Diversion: On

the northwest bank of the South Platte River in the SW 1/4 of the NW 1/4, Section 20, T2S, R67W, 6th

P.M., Adams County, at a point approximately 3,780 feet North and 15 feet East of the Southwest corner

of said Section 20. (c) In addition, Thornton may divert water into the West Sprat-Platte Pit using the

Burlington Ditch as a point of diversion. ix. East Sprat-Platte Pit. (1) This facility is located in the S 1/2

of the SW 1/4, SW 1/4 of the SE 1/4, Section 17, and NW 1/4, and NW 1/4 of the NE 1/4, Section 20, T2S,

R67W, 6th P.M., Adams County. (2) The decreed capacity is 1,500 AF. (3) The decreed points of

diversion are: (a) The Burlington Ditch. (b) East Sprat-Platte Pit South Platte River Diversion A (Sprat-

Platte Ranch East Pit): On the southeast bank of the South Platte River in the SW 1/4 of the NW 1/4,

Section 20, T2S, R67W, 6th P.M., Adams County, at a point approximately 3,703 feet North and 136 feet

East of the Southwest corner of said Section 20. (c) East Sprat-Platte Pit South Platte River Diversion B

(North Dahlia Pit and Sprat-Platte Ranch East Pit): On the southeast bank of the South Platte River in the

SW 1/4 of the SE 1/4, Section 19, T2S, R67W, 6th P.M., Adams County, at a point approximately 582 feet

North and 2,073 feet West of the Southeast corner of said Section 19. x. North Dahlia Pit. (1) This facility

is located in the S 1/2 of the NE 1/4, and SE 1/4, Section 19; the W 1/2 of the SW 1/4, S 1/2 of the NW 1/4,

Section 20, T2S, R67W, 6th P.M., Adams County. (2) The decreed capacity is 2,888.63 AF. This amount

is based on the change of water rights decreed in Case No. 04CW326. (3) The decreed points of diversion

are located at: (a) The Burlington Ditch. (b) North Dahlia Pit South Platte River Diversion: On the

southeast bank of the South Platte River in the SW 1/4 of the SE 1/4, Section 19, T2S, R67W, 6th P.M.,

Adams County, at a point approximately 582 feet North and 2,073 feet West of the Southeast corner of said

Section 19. c. Additional Facilities. Thornton has the right to divert, and to store where storage vessels are

involved, at the following facilities, by exchange or substitution, pursuant to the Original Decree. The

maximum rates of flow described for each facility apply to diversions made pursuant to the Original Decree,

but do not limit the rates of flow at which water may be diverted or stored under other water rights exercised

at the same facility. i. Thorncreek Golf Course Diversion. (1) Location: On the south bank of Big Dry

Creek in the SW 1/4 of the NE 1/4 of Section 27, T1S, R68W, 6th P.M., Adams County, at a point

approximately 2,013 West and 1,980 feet South of the Northeast corner of said Section 27. (2) Maximum

flow rate: 5 c.f.s. ii. Croke Canal. (1) Location: On the north bank of Clear Creek in the NW 1/4 of the

NE 1/4 of Section 26, T3S, R70W, 6 P.M., Jefferson County, at a point which is approximately 2,700 feet

19

East and 250 feet South of the Northwest corner of said Section 26. (2) Maximum flow rate: 200 c.f.s. iii.

Farmers’ High Line Canal. (1) Location: On the north bank of Clear Creek in the NW 1/4 of the SW 1/4

of Section 27, T3S, R70W, 6 P.M., Jefferson County, at a point approximately 950 feet East and 1,500 feet

North of the Southwest corner of said Section 27. (2) Maximum flow rate: 200 c.f.s. iv. South Dahlia Pit.

(1) Located southeast of the South Platte River in the NE 1/4, NW 1/4 of the SE 1/4, and E1/2 of the NE

1/4 of the SW 1/4 of Section 30, T2S, R67W, 6th P.M., Adams County. (2) Water may be diverted by

exchange into the South Dahlia Pit through the Burlington Ditch. (3) Diversions to the South Dahlia Pit

are subject to the Burlington Ditch’s flow rate limitation of 200 c.f.s. v. West Gravel Lakes. (1) Located

just west of the South Platte River in Sections 25 and 36, T2S, R68W, and Section 30, T2S, R67W, 6 P.M.,

Adams County. (2) Water may be diverted into the West Gravel Lakes through the Lower Clear Creek

and Colorado Agricultural Canals, and through the Burlington Ditch. (3) Diversions to West Gravel Lakes

are subject to the Burlington Ditch’s flow rate limitation of 200 c.f.s. as well as the combined headgate of

the Lower Clear Creek and Colorado Agricultural Ditches’ flow rate limitation of 200 c.f.s. vi. East Gravel

Lakes (a.k.a. Tani Lakes). (1) Located adjacent to the east bank of the South Platte River, in Sections 25

and 36, T2S, R68W, and Sections 30 and 31, T2S, R67W, 6th P.M., Adams County. (2) Water may be

diverted by exchange into the East Gravel Lakes through the Burlington Ditch, and/or the Colorado

Agricultural and the Lower Clear Creek Canals. (3) Diversions to East Gravel Lakes are subject to the

Burlington Ditch’s flow rate limitation of 200 c.f.s. as well as the combined headgate of the Lower Clear

Creek and Colorado Agricultural Canals’ flow rate limitation of 200 c.f.s. vii. Brannan Lake (1) Located

in the SW 1/4 of Section 35, T2S, R68W, 6th P.M., Adams County. (2) Water may be diverted into

Brannan Lake through the combined Colorado Agricultural and Lower Clear Creek headgate. (3)

Diversions to Brannan Lake are subject to the combined headgate of the Lower Clear Creek and Colorado

Agricultural Canals’ flow rate limitation of 200 c.f.s. viii. Standley Lake Reservoir (1) Located in parts

of Sections 16, 17, 20, 21, 22, 27, 28 and 29, T2S, R69W, 6th P.M., Jefferson County. (2) Water may be

diverted into Standley Lake Reservoir through the Croke Canal and the Farmers’ High Line Canal. (3)

Diversions to Standley Lake are subject to a flow rate limitation of 200 c.f.s. 5. Dates of Appropriation.

Thornton initiated the appropriations for Thornton’s 96CW1116 Water Rights on December 31, 1996,

except for exchanges via the Burlington Ditch into the Cooley East Pit, West Sprat-Platte Pit, or Cooley

West Pit (nka Cooley West Complex), which Thornton initiated on May 23, 2003. 6. Rates of Exchange.

The conditional and absolute portion of the 96CW1116 Water Rights are: a. Exchanges to the Patterson

Ditch (diversions for the Doeringsfeld Pit and Doeringsfeld Pit, First Enlargement): 370 c.f.s., conditional.

b. Exchanges to the Lupton Bottom Ditch (diversions for the Fort Lupton Pit): 150 c.f.s., conditional. c.

Exchanges to the Big Dry Creek Diversion for the Fort Lupton Pit: 80 c.f.s., conditional. d. Exchanges to

the South Platte River Diversion for the Fort Lupton Pit: 300 c.f.s., conditional. e. Exchanges to the

Brantner Ditch (diversions for the Rogers Pit and Hammer Pit): 110 c.f.s., conditional. f. Exchanges to the

Brighton Ditch (diversions for the Rogers Pit): 45 c.f.s., conditional. g. Exchanges to the South Platte

River Diversion A for the Rogers Pit: 300 c.f.s., conditional. h. Exchanges to the South Platte River

Diversion B for the Rogers Pit: 300 c.f.s., conditional. i. Exchanges to the South Platte River Diversion A

for the Hammer Pit: 300 c.f.s., conditional. j. Exchanges to the South Platte River Diversion B for the

Hammer Pit: 300 c.f.s., conditional. k. Exchanges to the combined headgate of the Lower Clear Creek and

Colorado Agricultural Ditch (diversions for the Cooley West Complex, West Sprat-Platte Pit, East Gravel

Lakes, West Gravel Lakes, Brannan Lakes): 200 c.f.s., conditional. l. Exchanges to the Fulton Ditch

(diversions for the Cooley East Pit): 300 c.f.s., conditional. m. Exchanges to the Burlington Ditch

(diversions for the Cooley East Pit, Cooley West Complex, East Sprat-Platte Pit, West Sprat-Platte Pit,

North Dahlia Pit, South Dahlia Pit, West Gravel Lakes, East Gravel Lakes): 10 c.f.s., absolute; 190 c.f.s.,

conditional. n. Exchanges to the Cooley West Complex South Platte River Diversion: 300 c.f.s.,

conditional. o. Exchanges to the West Sprat-Platte Pit South Platte River Diversion: 300 c.f.s., conditional.

p. Exchanges to the East Sprat-Platte Pit South Platte River Diversion A: 300 c.f.s., conditional. q.

Exchanges to the East Sprat-Platte South Platte River Diversion B: 300 c.f.s., conditional. r. Exchanges to

the North Dahlia Pit South Platte River Diversion: 300 c.f.s., conditional. s. Exchanges to the Thorncreek

Golf Course Diversion: 5 c.f.s., conditional. t. Exchanges to the Croke Canal: 200 c.f.s., conditional. u.

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Exchanges to the Farmers’ High Line Canal: 200 c.f.s., conditional. v. Exchanges to the Standley Lake

Reservoir through the Croke Canal or the Farmers’ High Line Canal: 200 c.f.s., conditional. 7. Beneficial

Use. The water diverted pursuant to the exchanges for which the substitute supply is fully consumable water

will be used directly or by exchange or substitution, for irrigation, agricultural, commercial, industrial and

all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power

generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds,

recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir

evaporation, augmentation and replacement, adjustment and regulation of Thornton's water supply system,

including further exchange within Thornton's system and with other water users. Thornton may fully

consume such water used through its municipal system and may do so by direct use, storage and subsequent

release, reuse, successive use, further exchange and disposition to the same extent Thornton is entitled to

consume the sources of substitute supply provided for exchange. Following one or more uses, Thornton

may use this water as substitute supply and to meet replacement or other obligations for any of its other

decreed water rights. 8. Place of Use. The place of use is the service area of the City of Thornton, described

in paragraph 6 of the Original Decree, as it now exists and as it may exist in the future, and the lands of

other water users in the South Platte River Basin (including, but not limited to, the Cache la Poudre River

Basin) to whom Thornton may release water in satisfaction of replacement or return flow obligations. 9.

Sources of Substitute Supply. As decreed in paragraph 22 of the Original Decree and consistent with

paragraph 58 of the 2011CW203 Decree, the water released as substitute supply for Thornton’s 96CW1116

Water Rights will be derived from the following sources: (1) transmountain water rights of the Water

Supply and Storage Company, in which Thornton is a shareholder, including water diverted or stored

through the exercise of such rights and the surface and subsurface return flows from the use of said rights

(excluding, however, water and return flows attributable to the water rights comprising the Colorado-Big

Thompson Project); (2) reusable effluent and non-sewered (e.g. lawn irrigation) return flows, including

those generated by the use of waters or water rights included in this paragraph 16; and (3) any other water

rights or rights to water currently owned by or acquired by Thornton in the future to the extent they are

fully consumable or have been decreed for use as substitute supply at the time Thornton seeks to apply them

to such use. 10. Detailed outline of what has been done toward completion of the appropriation and

application of water to beneficial use as conditionally decreed, including expenditures. During the

decreed diligence period (i.e. the period between October 27, 2011, the date following the last diligence

application was filed, and September 30, 2019, the date this application was filed), Thornton performed the

following work and incurred the following costs, all or in part, concerning the remaining conditional portion

of the “Subject Water Rights”, including work and expenditures on specific structures integral to the diversion

and use of the Subject Water Rights and in the further development of Thornton’s integrated water supply

systems within which the Subject Water Rights have been and will be placed to beneficial use. The work

done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to

present evidence of additional activities and costs in support of its application in this case, including at trial.

a. West Sprat-Platte Pit: Thornton spent over $13.7 million on development of West Sprat-Platte Pit as a

water storage reservoir. Costs include lining the reservoir, constructing facility improvements,

interconnecting the reservoir to Cooley West and East Sprat, and other improvements. b. Cooley West

Complex: Thornton spent over $1,135,000 on various facility improvements during the diligence period

including spillway construction for flood mitigation. c. East Sprat Platte Pit: Thornton spent approximately

$437,000 on improvements to this reservoir. d. Cooley East Pit: Thornton spent approximately $8.09

million on acquisition of the Cooley East Pit and facility design. e. Hammer Pit: Thornton spent

approximately $17.9 million on development of the Hammer Pit as a water storage reservoir. Costs include

acquisition of the reservoir and property, development and construction of reservoir infrastructure,

including a pump station and spillways, rip-rap of the eastern shoreline, and other facility improvements.

f. Rogers Pit: Thornton spent approximately $8.5 million on development of the Rogers Pit as a water

storage reservoir. Costs include acquisition of the reservoir and property, development and construction of

reservoir infrastructure, including a pump station, rip-rap of the shoreline, and other facility improvements.

g. North Dahlia Pit: Thornton spent approximately $30,000 on the North Dahlia outlet gate. h. Gravel

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Lakes Rip Rap: Thornton spent more than $500,000 on design and installation of rip rap protection at

eroding slopes on several gravel lakes. i. Gravel Lakes Coordination and Planning: Thornton spent

approximately $61,000 to perform general engineering and design services associated with Thornton’s

gravel lakes reservoirs. j. Standley Lake: Thornton spent approximately $759,000 on repairs and

improvements at Standley Lake, including Bypass Lines replacement, Standley Lake Pipeline rehab, and

spillway repairs. k. Burlington Ditch Canal Diversion Rehab: Thornton spent approximately $379,000 to

rehabilitate the City’s diversion facility from the Burlington Canal. This work is ongoing. l. Fulton Ditch

Turnout Extension – Cooley East: Thornton spent $138,000 to design and construct a 150 cfs diversion to

fill the Cooley East reservoir from the Thornton turnout at the Fulton Ditch. This work is ongoing. m.

Fulton Payment: Thornton acquired a Carriage Easement from the Fulton Ditch Company for the first use

of excess capacity at a cost of $250,000. n. Standley Lake Operating Committee (SLOC): As a member

of SLOC, Thornton is responsible for a third of operating and maintenance costs involving Standley Lake.

These costs were approximately $770,000. o. Ditch Company Assessments: Thornton paid assessments

according to its share ownership in various ditch companies associated with the Subject Water Rights

including, Burlington $77,000; Lower Clear Creek $408,000; Colorado Ag $343,000; Fulton $336; Water

Supply and Storage Company $6.7 million,; Farmers Reservoir and Irrigation Company – Standley Lake

Division $93,000, Farmer Highline Canal and Reservoir Company, $677,000. p. Ditch Company Carriage

Fees and Maintenance Payments: Thornton paid carriage fees and maintenance payments to several ditch

companies associated with the Subject Water Rights including, Lower Clear Creek/Colorado Ag $143,000;

Farmers’ High Line $1,000; Henrylyn $45,000; and Delta Irrigation Company $32,400. q. Prosecution of

Case No. 04CW326: This decree refined the storage volumes for Cooley West and North Dahlia decreed

in Case No. 91CW126, corrected the Cooley West legal description, and adjudicated additional diversion

locations for Cooley West. Thornton spent $148,000 on legal and engineering fees for this application. r.

Prosecution of Case No. 18CW3120: Thornton filed an application and obtained a decree finding diligence

on the Exchange Reservoirs and making absolute a portion of the Rogers Pit. Thornton spent $11,000 on

this application. s. Prosecution of Case No. 2018CW3158: Thornton filed an application to among other

things change the location of part of the storage right for the Cooley East Pit to the Hammer Pit at its as

built location. To date, Thornton has spent $100,000 on legal and engineering fees for this application t.

Water Court Oppositions: Thornton has actively participated in water court proceedings to protect the

Subject Water Rights. Legal and engineering costs incurred relating to the protection of Thornton’s Clear

Creek, South Platte River, and Cache la Poudre water rights portfolio, including the Subject Water Rights,

during the diligence period were over $1.5 million. u. This application contains a summary of diligence

activities and costs. Thornton may present additional evidence regarding the activities and costs above or

other diligence activities and costs on its integrated water system in support of its application in this case.

11. Amounts Claimed as Absolute. Thornton claims the following amounts of the Subject Water Rights

as absolute: a. Between July 15 and 19, 2019, Thornton operated an exchange from Chambers Lake to

Standley Lake Reservoir through Farmers’ High Line Canal at a maximum rate of 7.5 c.f.s. and put that

water to beneficial use. Accordingly, Thornton seeks confirmation of 7.5 c.f.s of the 200 c.f.s decreed for

this exchange as absolute with the rate of 192.5 c.f.s remaining conditional. b. Thornton claims the right

to confirm additional amounts as absolute, without further notice or publication, based on its exercise of

the Subject Water Rights from the date of their appropriation up to the time of any hearing in these

proceedings. 12. Remarks. a. Thornton has a specific plan and intent to complete the conditional

appropriations of the Subject Water Rights and can and will complete them in a reasonable time. b. The

Subject Water Rights are part of Thornton’s integrated municipal water system. 13. Names and addresses

of owners or reputed owners of land on which any new diversion or storage structure or modification

to any existing diversion or storage structure or existing storage pool is or will be located, or upon

which water is or will be stored. a. See attached Exhibit C. Prayer for Relief Thornton respectfully

requests that the Court find that Thornton has exercised reasonable diligence with respect to the Subject

Water Rights and continue those conditional water rights in full force and effect for the period allowed by

law, confirm the absolute amounts as listed above or as may be perfected before a hearing, and award such

other relief as the Court determines is proper. (23 Pages including 3 Exhibits)

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19CW3182, Ice House, LLC, 10300 Wildfield Lane, Littleton, CO 80125 (James J. Petrock, Petrock

Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR

UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR

APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY ARAPAHOE

AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY. 2.2 acres generally located in the

NE1/4SE1/4 of Section 20, T6S, R68W of the 6th P.M., as described and shown on Attachment A hereto

("Subject Property"). The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox

Hills aquifers is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.

Estimated Amounts: Arapahoe: 0.98 acre-feet, Laramie-Fox Hills: 0.59 acre-feet. Proposed Use: Domestic,

commercial, industrial, irrigation, fire protection, and augmentation purposes, including storage, both on

and off the Subject Property. Groundwater to be augmented: The available amount of Arapahoe aquifer

groundwater requested herein, including any groundwater which is associated with Well Permit No. 10261.

Water rights to be used for augmentation: Return flows from the use of not nontributary Arapahoe aquifer

groundwater and direct discharge or return flows from use of nontributary Laramie-Fox Hills aquifer

groundwater decreed in Case No. 11CW49, and generally located in the NW1/4 of Section 23, T7S, R68W

of the 6th P.M. Statement of plan for augmentation: The Arapahoe aquifer groundwater will be used through

an existing Arapahoe aquifer well (Permit 10261-A) to supply the Subject Property with inhouse use in one

residence, commercial, light industrial, and irrigation use. Applicant reserves to amend these uses without

amending or republishing the application. Applicant’s existing well is located within 600 feet of an

Arapahoe aquifer well located off of the Subject Property and the owner of that well has waived any 600

foot spacing issue for the existing well (Attachment B). During pumping Applicant will replace actual

depletions or an amount equal to 4% of the annual amount withdrawn pursuant to Section 37-90-137(9)(c),

C.R.S. Depletions occur to the Plum Creek stream system, and return flows from use of the water on the

Subject Property are sufficient to replace the required amount while the groundwater is being pumped.

Applicant will reserve an equal amount of nontributary groundwater described above to meet post pumping

augmentation requirements. Further, Applicant prays that this Court grant the application and for such other

relief as seems proper in the premises. (7 pages).

2019CW3183 CRAIG AND LESLIE SCOTT, 3504 Antelope Circle, Elizabeth, CO, 80107. Eric K.

Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. Application for

Underground Water Rights from Nontributary and Not Nontributary Sources and Approval of Plan

for Augmentation in ELBERT COUNTY. 1. Subject Property: Applicants own 40.05 acres being in

the SE1/4, Section 25, Township 8 South, Range 65 West of the 6th P.M., County of Elbert, State of

Colorado. 2. Well Permits: There is one existing Upper Dawson exempt well on the Subject Property

registered under well permit number 239551. Additional well permits will be applied for prior to

construction of the wells. 3. Source of Water Rights: The Upper Dawson aquifer is not nontributary as

described in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills

aquifers are nontributary as described in C.R.S. § 37-90-103(10.5). 4. Estimated Amounts: Applicants

estimate the following annual amounts are available in each aquifer: Upper Dawson, 13.31 af/yr; Lower

Dawson, 9.08 af/yr; Denver, 14.18 af/yr; Arapahoe, 13.60 af/yr; Laramie-Fox Hills, 13.93 af/yr. 5.

Proposed Uses: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation

purposes, including storage, both on and off the Subject Property. 6. Jurisdiction: The Water Court has

jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), and 97-92-

302(2). 7. Summary of Plan for Augmentation: A. Groundwater to be Augmented: Approximately 4

acre-feet per year of Upper Dawson aquifer groundwater. B. Water Rights to be Used for Augmentation:

Return flows from the use of not nontributary and nontributary groundwater and direct discharge of

nontributary groundwater. C. Statement of Plan for Augmentation: The Upper Dawson Aquifer

groundwater will be used for in-house use in up to three (3) single-family residences, irrigation, including

lawn, garden, trees, pasture, and hay on the Subject Property, livestock watering, fire protection, through a

new or existing well (Permit No. 239551). Applicants reserve the right to revise the annual amount to be

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withdrawn and the proposed uses without having to amend or republish the application. Sewage treatment

for in-house use will be provided by non-evaporative septic systems, and return flows from in-house and

irrigation use will be approximately 90% and 15% of those uses, respectively. During pumping Applicants

will replace actual depletions to the affected stream systems pursuant to C.R.S. § 37-90-137(9)(c.5).

Applicants estimate that depletions occur to the Running Creek stream system. Return flows accrue to the

South Platte River stream system via Running Creek, and those return flows are sufficient to replace actual

depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of

nontributary groundwater underlying the Subject Property to meet post-pumping augmentation

requirements. 8. WHEREFORE, Applicants request the court approve the above underground water right,

plan for augmentation, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally

available for withdrawal, find there will be no material injury to the owners of or persons entitled to use

water under any vested water right or decreed conditional water right, and grant such other and further relief

as is appropriate. 4 Pages.

19CW3184 Marick’s Farm, C/O Coy and Bernadette Marick, 28105 County Road 75, Crook, CO, 80726.

C/O Lawrence Jones Custer Grasmick, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534

(970)622-8181. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN

LOGAN COUNTY. CLAIM FOR NEW CONDITIONAL UNDERGROUND WATER RIGHTS 2.

Description of New Water Rights. 2.1 Name: Carwin Well #1 2.1.1. Legal Description of Point of

Diversion: SE 1/4 of the SE 1/4, Section 28, Township 10 North, Range 50 West of the 6th P.M., Logan

County, Colorado, at a point 70 North and 1150 feet west of the SE Corner of said Section 28. 2.1.2.

Source: Groundwater tributary to the South Platte River. 2.1.3. Appropriation Date: September 30, 2019.

2.1.4. How Appropriation was Initiated: Formation of intent to appropriate water for beneficial use; filing

of this Application. 2.1.5. Amount Claimed: 2.5 cubic feet per second. 2.1.6. Date Water First Applied

to Beneficial Use: Not applicable, conditional water right. 2.1.7. Uses: Irrigation of 45 acres in the SE 1/4

of the SE 1/4 in Section 28 and NE 1/4 of the NE 1/4 of Section 33, both in Township 10 North, Range 50

West of the 6th P.M., Logan County, Colorado. 2.1.8. Remarks: A water right was decreed for Carwin

Well No. 1 in Case No. W-3852, with an appropriation date of December 31, 1942 for irrigation of 12 acres

in the SE 1/4 of the SE 1/4, Section 28, Township 10 North, Range 50 West of the 6th P.M., Logan County,

Colorado. By this Application, Applicant seeks a decree to include an additional 45 acres to be irrigated

by Carwin Well No. 1 under the appropriation date in 2.1.3 above. Carwin Well No. 1 is currently permitted

under permit number 19046-F and Applicant will take the necessary steps to have Carwin Well No. 1

permitted to allow the uses claimed in this Application. Out-of-priority depletions caused by diversions of

the Carwin Well No. 1 for irrigation uses as decreed in Case No. W-3852 are augmented by Lower Logan

Well Users, Inc. (“Lower Logan”) pursuant to the plan for augmentation decreed in Case No. 03CW208

(“03CW208 Decree”). The out-of-priority depletions caused by diversions of Carwin Well No. 1 for the

uses claimed in this Application will also be augmented by Lower Logan pursuant to the terms of the

03CW208 Decree, following addition of the water right claimed in this Application to the Lower Logan

plan for augmentation in accordance with paragraph 33.6 of the 03CW208 decree, or pursuant to an

approved substitute water supply plan. 3. Name and Address of Owners of Structures. Applicant owns the

structures and the land upon which the structures are located.

19CW3185 (Case Nos. 79CW375, 89CW078, 98CW294, 08CW253) THE CITY OF AURORA,

COLORADO, acting by and through its Utility Enterprise, 15151 East Alameda Parkway, Suite 3600,

Aurora, Colorado 80012-1555, (303) 739-7370, E-mail: AuroraWater@auroragov.org. Attorneys: John

M. Dingess and Teri L. Petitt (Special Counsel), Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S.

Yosemite Street, Suite 500, Denver, Colorado 80237, phone (303) 779-0200, fax (303) 779-3662,

mail@hrodlaw.com, jdingess@hrodlaw.com, poolteri@hrodlaw.com. APPLICATION TO MAKE

CONDITIONAL WATER RIGHTS ABSOLUTE, FOR A FINDING OF REASONABLE

DILIGENCE, AND TO CONTINUE CONDITIONAL WATER RIGHTS IN PARK COUNTY. 2.

NAMES AND LEGAL DESCRIPTIONS OF STRUCTURES (shown on Exhibit A, attached hereto): 2.1.

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Spinney Mountain Reservoir. The Spinney Mountain Reservoir dam is located in the South 1/2 of Section 25,

Township 12 South, Range 74 West of the 6th P.M., in Park County, Colorado, on the Middle Fork of the South

Platte River. WDID 2304013, UTM X 446141, UTM Y 4313879. 2.2. The Confluence of Tarryall Creek and

the South Platte River. The Confluence of Tarryall Creek and the South Platte River is located in the Northeast

quarter of the Northwest quarter of Section 16, Township 11 South, Range 71 West, 6th P.M., in Park County,

Colorado. 3. DESCRIPTION AND HISTORY OF CONDITIONAL WATER RIGHTS: In Water

Division 1, Case No. 79CW375, two conditional exchanges were decreed: 1) up to 5,000 acre-feet on the

South Platte River, from the confluence of Tarryall Creek upstream to Spinney Mountain Reservoir (“South

Platte Exchange”); and 2) up to 20,000 acre-feet on Tarryall Creek, from its confluence with the South

Platte River upstream to the proposed Spruce Grove Reservoir (“Tarryall Exchange”). The City of

Thornton was the original applicant in Case No. 79CW375 and in two of the subsequent diligence

proceedings. On November 21, 2003, Aurora purchased the water rights from Thornton. In Water Division

1, Case No. 08CW253, Aurora abandoned the Tarryall Exchange water right. This Application pertains to

the South Platte Exchange only. 3.1. Date of Original Decree: May 30, 1985, Case No. 79CW375, District

Court, Water Division 1, Colorado. 3.2. Dates of Subsequent Diligence Decrees: 3.2.1. August 12, 1992,

Case No. 89CW078, District Court, Water Division 1, Colorado. 3.2.2. November 5, 2002, Case No.

98CW294, District Court, Water Division 1, Colorado. 3.2.3. September 22, 2013, Case No. 08CW253,

District Court, Water Division 1, Colorado. 3.3. Legal Descriptions: See Paragraph 2, above. 3.4. Sources:

The Original Decree describes the sources of replacement water for the South Platte Exchange as any source

owned or controlled by Thornton capable of delivering water into Tarryall Creek. In 2003, Aurora obtained

ownership of this water right as well as certain of those rights decreed as sources of replacement water for the

South Platte Exchange herein. These sources are identified in Exhibit B, attached hereto. The Original Decree

also provides that additional water rights to be exchanged may be incorporated into that decree upon motion,

with notice to all objectors and such additional notice as the Water Court may require. Only those water rights

specifically decreed for diversion at Spinney Mountain Reservoir may be used as a replacement source under

the South Platte Exchange herein. 3.5. Exchange Reach (shown on Exhibit A): 3.5.1. Exchange To Point:

Spinney Mountain Reservoir. 3.5.2. Exchange From Point: Confluence of Tarryall Creek and the South Platte

River. 3.6. Amount: 5,000 acre-feet, total. 3.6.1. Absolute: 1,466.79 acre-feet, at a maximum flow rate of

56.67 c.f.s. (decreed in Case No. 08CW253). 3.6.2. Conditional: 3,533.21 acre-feet. 3.7. Appropriation Date:

December 31, 1979. 3.8. Uses: Water stored pursuant to the terms of the exchange decreed herein shall be

used directly or by exchange for all beneficial uses including municipal uses, domestic, irrigation, mechanical,

manufacturing, industrial, generation of electric power, power generally, fire protection, use for sewage

treatment, street sprinkling, watering of parks, lawns and grounds, recreation, fish culture, agricultural uses

located within the service boundaries of the Applicant, for maintenance and preservation of wildlife and

aesthetic values and for the replacement, adjustment and regulation, including exchange, of the units of the City

of Thornton municipal water system (now owned by Aurora) within themselves and with other water users. 4.

DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR

COMPLETION OF THE APPROPRIATIONS AND APPLICATION OF WATER TO A

BENEFICIAL USE AS CONDITIONALLY DECREED. During the diligence period of September 2013

through September 2019, Aurora performed the following work and made the following expenditures toward

completion of the appropriations and application of the water rights decreed in the Original Decree to beneficial

use (expenditure numbers are rounded to the nearest $1,000). 4.1. Project Specific Efforts: During the

diligence period, Aurora has done at least the following project specific work toward completion of the

appropriations and application of the conditional water rights decreed in Case No. 79CW375 to beneficial

use: 4.1.1. Spinney Mountain Reservoir. Aurora expended over $809,000 for facility upgrades during the

diligence period, including internal outlet works inspections, applications of protective coatings on outlet

pipes, assessment, design and extension of the storm drainage systems below the dam, installation of filter

trench drains, measurement devices, and installation of heater jackets over valve operators. 4.1.2. Jefferson

Lake. Aurora expended over $1,160,000 during the diligence period for dam upgrades, maintenance, and

repairs. These activities included design and installation of a synthetic liner. Jefferson Lake is decreed as

an alternate point of diversion for several of the exchanged water rights listed on Exhibit B. 4.1.3. Legal

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Activities. During the subject diligence period, Aurora spent in excess of $7,000 on legal activities directly

related to the exchange herein. 4.2. System-wide Efforts: During the diligence period, Aurora has

accomplished at least the following efforts with regard its water supply system components in the South

Platte River Basin which are necessary for use of the water from the South Platte Exchange: 4.2.1. Metro

Wastewater Reclamation District Charges. Aurora expended at least $159,625,000 during this diligence

period for fees for wastewater treatment of its water at the Metro Wastewater Reclamation facility. Such

treatment is necessary for reuse of the water that is the subject of the exchanges herein within the South

Platte River Basin and to comply with water reuse requirements. 4.2.2. Sand Creek Water Reuse Plant

Improvements. Aurora operates the Sand Creek Water Reuse Plant, a 5-million-gallon per day facility,

which provides treated water used for irrigation throughout the City and for discharge into Sand Creek for

use as a replacement source for the exchanges herein. Improvements to this facility completed during this

diligence period cost at least $278,000. Aurora also expended an additional $466,000 in operating costs

for the Sand Creek plant. This work is necessary for reuse within the South Platte River Basin of the water

that is the subject of the exchanges herein and also to comply with water reuse requirements. 4.2.3.

Griswold Water Treatment Plant Renovations. This facility treats a portion of the raw water exchanged

under the Original Decree before it is delivered to Aurora’s customers. More than $7,365,000 was spent

by Aurora for improvements to this facility necessary to accommodate the water that is the subject of the

exchange herein. This includes expenditures directly by Aurora for renovation of the facility. 4.2.4.

Wemlinger Water Treatment Plant Expansion. Aurora spent more than $39,824,000 for expansion of the

Wemlinger Water Treatment Plant. This facility treats a portion of the raw water exchanged under the

Original Decree before it is delivered to Aurora’s customers. 4.2.5. Improvements to Extend and Improve

Water Service in and to Aurora. More than $26,735,000 was spent by Aurora for extension and upgrade of

its water transmission system necessary to deliver the water that is the subject of the exchange herein to

Aurora’s customers. 4.2.6. Automated Meter Reading System. Aurora spent more than $1,409,000 for

updates to its automated utility reading system. This is needed for efficient operation of Aurora’s water

supply and delivery system, including use of the water that is the subject of the exchange herein. 4.2.7.

Improvements to Sanitary Sewer System. More than $47,705,000 was spent by Aurora for extension and

upgrade of its sanitary sewer system necessary for wastewater treatment and reuse within the South Platte

River Basin of the water that is the subject of the exchange herein. 4.2.8. Prairie Waters Project. The

Prairie Waters Project is a large comprehensive water supply, storage and treatment project in which return

flows to the South Platte River from Aurora’s water sources, including the water that is the subject of the

exchange herein, may be rediverted for subsequent reuse. To facilitate this project Aurora obtained various

decrees in Case Nos. 06CW104, 03CW414, and 03CW415, Water Division 1. This project allows further

reuse of much of the water decreed to Aurora. During the diligence periods, Aurora obtained a decree in

Case No. 13CW3088, WD-1, finding reasonable diligence for the water rights decreed conditionally in

03CW414 (decreed April 22, 2014), Aurora obtained a decree in Case No. 14CW3065, WD-1, finding

reasonable diligence for the water rights decreed conditionally in 03CW415 (decreed March 2, 2015), and

Aurora obtained a decree in Case No. 15CW3064, finding reasonable diligence for the water rights decreed

conditionally in Case No. 06CW104 (decreed December 1, 2017). Aurora has expended at least

$42,070,000 on several elements of the Prairie Waters Project during this diligence period. 4.2.9. Lawn

Irrigation Return Flows (LIRFs) Credits. Aurora obtained a decree in Case No. 02CW341, Water Division

1, on September 25, 2008, quantifying LIRFs from its municipal system (and subsequent requantifications

as required by the Decree in 02CW341), generated as a result of use of transmountain water rights, fully

consumable in-basin water rights, decreed and permitted non-tributary sources and any other fully

consumable water available to Aurora. Aurora also installed seventeen new monitoring wells and expends

manpower to monitor these wells every three months. Water that is transported under the exchanges herein

and used in Aurora’s service area can be reused under the decree in Case No. 02CW341. During this

diligence period, Aurora has expended significant sums for engineering and legal costs required to

requantify the LIRFs adjudicated in Case No. 02CW341 available for reuse. 4.2.10. Rampart Reservoir

and Delivery System. More than $17,571,000 was spent by Aurora during this diligence period for

improvements to the Rampart Reservoir delivery system. This reservoir is used to store the water that is

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the subject of the exchanges herein before it is transported through parallel 54” and 40” pipelines to Aurora.

Rampart Reservoir is important for regulation of the flow through these parallel pipelines. 4.2.11. Binney

Water Purification Facility. This state-of-the-art water purification and recycling plant owned and operated by

Aurora treats water for use throughout the City. Over $16,225,000 was spent by Aurora during the diligence

period for improvements to this facility. An additional $666,000 was spent on the Binney Water Purification

Facility filters addition. 4.2.12. Aurora Know Your Flow Program. During the diligence period, Aurora Water

Conservation developed its voluntary Know Your Flow Program designed to help customers understand how

efficiently they are using water. Through the program, Aurora Water Conservation estimates what a customer’s

water use could be for a given billing cycle if the customer were using water efficiently. The customer receives

a monthly e-mail from Aurora Water Conservation showing the property’s actual water use versus the

customized recommended indoor and outdoor water use. Customers also receive weekly watering

recommendations and tips during the irrigation season. The Know Your Flow Program was designed by Aurora

to encourage more efficient use of the water that is the subject of this application. 4.3. Non-Basin Specific

Efforts. 4.3.1. Study of Aurora’s Water Needs. Aurora spent more than $4,315,000 toward engineering

and planning studies to assist in determining the City’s future water needs and a plan to meet those needs,

including treatment and distribution studies, various conservation studies and developing its Non-Potable

System Master Plan. This study will increase the overall efficiency of Aurora’s operations, including use

of the water from the exchange herein. 4.3.2. Aurora Raw Water System Model. Aurora spent $608,000

for consultant fees to develop and support a computer model of Aurora’s raw water system. These costs

are in addition to the modeling efforts included in the engineering and planning studies identified in

paragraph 4.3.1., above. 4.3.3. Protection Efforts. Aurora spent approximately $662,000 for legal services

for participation in Water Division 1 cases to protect the rights and interests of Aurora with regard to its

water supply system, including the subject exchange. 4.4. Other: Aurora reserves the right to identify

additional relevant efforts that may be later discovered or to make upward adjustments to amounts expended

on certain projects. Aurora has an extensive water rights portfolio, an extensive and complex water supply,

collection, treatment and reuse system, and an extensive number of agreements, contracts, leases, etc.

related to its facilities and the use, reuse and storage of its water rights. It is involved in many legal actions

related to the collection, treatment, reuse and protection of its water rights. Further, the management,

protection, and operation of the water rights and the facilities system involve numerous City of Aurora

departments and staff members throughout the state. Aurora made diligent efforts with regard to this

application to determine and quantify all efforts made by the City toward completion of the appropriations

and application of the water rights decreed in Case No. 79CW375 to beneficial use. However, it is

reasonably possible that relevant efforts or expenditures may have been overlooked or need further upward

adjustment. 5. CLAIM TO MAKE ABSOLUTE: Applicant has made absolute the following additional

portions of the South Platte Exchange, totaling 2,264.53 acre-feet, not heretofore made absolute: See Exhibit

C, attached hereto. 5.1. Date Water Applied to Beneficial Use: June 6, 2011. 5.1.1. Amount: 36.49 acre-feet.

5.1.2. Use: The uses described in paragraph 3.8., above. 5.1.3. Description of Place of Use Where Water Was

Exchanged for Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.2. Date Water Applied to

Beneficial Use: June 9, 2011 to June 19, 2011. 5.2.1. Amount: 401.36 acre-feet. 5.2.2. Use: The uses

described in paragraph 3.8., above. 5.2.3. Description of Place of Use Where Water Was Exchanged for

Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.3. Date Water Applied to Beneficial Use: June

20, 2011. 5.3.1. Amount: 59.09 acre-feet. 5.3.2. Use: The uses described in paragraph 3.8., above. 5.3.3.

Description of Place of Use Where Water Was Exchanged for Subsequent Beneficial Uses: Spinney Mountain

Reservoir. 5.4. Date Water Applied to Beneficial Use: June 7, 2013 to June 13, 2019. 5.4.1. Amount: 414.11

acre-feet. 5.4.2. Use: The uses described in paragraph 3.8., above. 5.4.3. Description of Place of Use Where

Water Was Exchanged for Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.5. Date Water

Applied to Beneficial Use: June 8, 2017 to July 8, 2017. 5.5.1. Amount: 713.66 acre-feet. 5.5.2. Use: The

uses described in paragraph 3.8., above. 5.5.3. Description of Place of Use Where Water Was Exchanged for

Subsequent Beneficial Uses: Spinney Mountain Reservoir. 5.6. Date Water Applied to Beneficial Use: July

10, 2019 to July 24, 2019. 5.6.1. Amount: 639.82 acre-feet. 5.6.2. Use: The uses described in paragraph 3.8.,

above. 5.6.3. Description of Place of Use Where Water Was Exchanged for Subsequent Beneficial Uses:

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Spinney Mountain Reservoir. 6. NAMES AND ADDRESSES OF OWNERS OR REPUTED OWNERS

OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR

MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING

STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE

STORED: 6.1. Spinney Mountain Reservoir is owned by Applicant, the City of Aurora. WHEREFORE, the

Applicant respectfully requests his Court enter a decree (1) finding the Applicant has executed reasonable

diligence in the development of the above-referenced conditional water rights, (2) awarding the above-

described absolute water rights in the amounts described above, (3) continuing the remaining conditional water

rights in full force as decreed, and for such other and further relief as this Court deems just and proper.

(Application and attachments are 54 pages).

19CW3186 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF,

PENALTIES AND COSTS. Plaintiffs: THE PEOPLE OF THE STATE OF COLORADO, ex rel.

KEVIN G. REIN, State Engineer, and COREY DEANGELIS, Division Engineer for Water Division

1, 1300 Broadway, 7th floor, Denver, CO 80203, (Mark Sarmiento, 720-508-6429 and Paul Benington,

720-508-6309). v. Defendants: LAKE FRONT PARTNERS, a general partnership, 632 Gold Run

Road, Boulder, CO 80302 and ROBERT J. VERMILLION, an individual, 632 Gold Run Road,

Boulder, CO 80302.

19CW3187 EL TESORO DE LOS ANGELES RETREAT CENTER, LLC, MARY GUENZEL 1991

TRUST, and NUESTRA SENORA DE LA PAZ FOUNDATION, P.O. Box 9, Woodland Park,

Colorado, 80866 (Please address all pleadings and correspondence to Applicant’s attorney: John J. Cyran,

Confluence Water Law, LLC, 3570 East 12th Avenue, Suite 311, Denver, CO 80206; (303) 746-3802.)

APPLICATION TO MAKE ABSOLUTE OR FOR FINDING OF REASONABLE DILIGENCE IN

TELLER COUNTY: Applicants, El Tesoro de los Angeles Retreat Center, LLC, Mary Guenzel 1991

Trust, and Nuestra Senora de la Paz Foundation, by and through undersigned counsel, hereby submit this

Application to Make Absolute or for Finding of Reasonable Diligence. In support of this Application,

Applicants state as follows: 1. Underground Water Right for which Applicant seeks a Finding of

Diligence: A. Name of Wells and Permit, Registration or Denial Numbers: El Tesoro Well No. 1

(Permit No. 134048); El Tesoro Well No. 2 (Permit No. 186103); El Tesoro Well No. 3 (Permit No.

284569). El Tesoro Wells No. 1, No. 2, and No. 3 may be referred to herein collectively as the “El Tesoro

Wells.” B. Original Decree for Underground Water Rights: Case No. 12CW124, District Court, Water

Division No. 1, September 19, 2013. C. Location of Wells: El Tesoro Well No. 1 is located in the SE 1/4

SW 1/4 of Section 21, Township 12 South, Range 69 West, 6th P.M., Teller County, as a point

approximately 285 feet from the South Section line and 1,485 feet from the West Section line of said Section

21. The address of the property upon which the well is located is 232 Blossom Road, Woodland Park, Teller

County, Colorado 80863. El Tesoro Well No. 2 is located in the SE 1/4 SW 1/4 of Section 21, Township

12 South, Range 69 West, 6th P.M., Teller County, at a point approximately 220 feet from the South Section

line and 2,300 feet from the West Section line of said Section 21. The address of the property upon which

the well is located is 242 Blossom Road, Woodland Park, Teller County, Colorado 80863. El Tesoro Well

No. 3 is located in the NE 1/4 SW 1/4 of Section 21, Township 12 South, Range 69 West, 6th P.M., Teller

County, at a point approximately 1,370 feet from the South Section line and 1,820 feet from the West

Section line of said Section 21. The address of the property upon which the well is located is 238 Blossom

Road, Woodland Park, Teller County Colorado 80863. The approximate location of the El Tesoro Wells

is shown on the map attached to the Application as Exhibit “A”. D. Amounts: El Tesoro Well No. 1: 5.0

gallons per minute, absolute for domestic and fire protection purposes; conditional for commercial

purposes. El Tesoro Well No. 2: 9.5 gallons per minute, absolute for domestic and fire protection purposes;

conditional for commercial purposes. El Tesoro Well No. 3: 3.0 gallons per minute, absolute for domestic

and fire protection purposes; conditional for commercial purposes. E. Appropriation Dates: El Tesoro

Well No. 1: June 8, 1958. El Tesoro Well No. 2: March 1, 1995. El Tesoro Well No. 3: October 20, 2010.

F. Source of Water: Ground water that is tributary to Mule Creek, Trout Creek, Horse Creek and the South

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Platte River. G. Detailed Description of Steps Applicant Has Taken Toward Completion of

Underground Water Right: Since Applicants obtained a decree for the El Tesoro Wells on September 19,

2013 in Case No. 12CW124, Applicants have taken the following specific steps to make the Wells absolute

for commercial purposes, or for purposes of demonstrating diligence. (i) Since Applicants obtained a decree

in Case No. 12CW124, Applicants have developed and operated the El Tesoro de los Angeles Retreat

Center (the “Retreat Center”) on the property on which the El Tesoro Wells are located. The El Tesoro

Wells have provided the water supply for the Retreat Center. The Retreat Center is a commercial center

for spiritual retreat. Further, Applicants have obtained approval of a Special Use Permit (SUP) from the

Teller County Commissioners. The SUP defines the size and scope of the Retreat Center and the permitted

uses. (ii) Applicants use of the El Tesoro Wells for commercial purposes is evidenced by the operational

records of the Retreat Center, the approval of the SUP, and the Division Engineers’ records demonstrating

continued operation of the El Tesoro Wells. 2. Name and Address of Owner of Land Other than

Applicant upon which Any New or Existing Diversion Structures, or Modification to Existing

Diversion Structure is or will be Constructed: Applicant owns the property upon which the El Tesoro

Wells are located and where water is placed to beneficial use.

19CW3188 VERIFIED COMPLAINT FOR INJUNCTIVE RELEFT, PENALTIES AND COSTS.

Plaintiffs: THE PEOPLE OF THE STATE OF COLORADO, ex rel, KEVIN G. REIN, State

Engineer, and COREY DEANGELIS, Division Engineer for Water Division 1, 1300 Broadway, 7th

floor, Denver, CO 80203, (Mark Sarmiento, 720-508-6429 and Paul Benington, 720-508-6309). v.

Defendant: RICHARD SMITH, an individual, 32002 Soda Creek Drive, Evergreen, CO 80439.

19CW3189, Elizabeth Land, LLC, P.O. Box 902, Elizabeth, CO 80107 (Eric Trout, Petrock Fendel

Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND

WATER RIGHTS FROM NONTRIBUTARY SOURCE AND AMENDMENT OF AUGMENTATION

PLAN, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER. ELBERT COUNTY. Subject

Property: 36.5 acres located in the W1/2NE1/4 of Section 12, T8S, R65W of the 6th P.M., Elbert County,

as described and shown on Attachment A hereto (Subject Property). Source of Water Rights: The Upper

Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Amount: 3.11 acre-

feet per year of Upper Dawson aquifer groundwater being part of the annual amount excluded in Case No.

18CW3094 for use through an exempt well. The decree quantified 6.75 acre-feet per year of Upper Dawson

aquifer groundwater and the additional amount requested herein will bring the total annual amount to 9.86

acre-feet. Proposed Use: Domestic, including in-house, irrigation, livestock watering, and augmentation

purposes. Decree information for which amendment is sought: Case No. 18CW3094, decreed on January

4, 2019. Proposed amendment: In the original decree, an augmentation plan was approved for use of 2.25

acre-feet per year for 300 years of not nontributary Upper Dawson aquifer groundwater for use through

three wells (0.75 acre-feet per well) for in-house use (0.4 acre-feet), irrigation of 5000 square-feet of lawn,

garden and treesm (0.3 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet) for use

on three residential lots. By this application, Applicant requests that the augmentation plan be amended to

allow use of four wells to serve four residential lots which will each withdraw 0.75 acre-feet per year for

300 years for the same uses described above (3 acre-feet per year and 900 acre-feet total). The actual

depletion at 300 years of pumping is 20.8% of the annual amount withdrawn or 0.155 acre-feet for each

well and return flow from in-house use associated with each of the four wells is sufficient to replace actual

depletions associated with pumping of each well for 300 years. Depletions occur to Running Creek and

return flows accrue to that stream system, and additional nontributary groundwater will be reserved use in

the plan for augmentation. No other provisions of the original decree will be changed. Further, Applicant

prays that this Court grant the application and for such other relief as seems proper in the premises. (4

pages).

19CW3190 Stahl Ranch, LLC c/o Brian Stahl, 1517 Linden Lake Road, Fort Collins, CO, 80524 c/o

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

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(970)622-8181. APPLICATION FOR CORRECTION TO AN ESTABLISHED BUT

ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. § 37-92-305(3.6)

in LARIMER COUNTY. 2. Decreed Name of Structure: Link Ditch No. 2, including the Link Ditch

No. 2 Enlargement. 2.1. Original Decrees: Case No. CA1247 (Link Ditch No. 2); CA 2725 Link Ditch

No. 2 Enlargement. 2.2. Adjudication Dates: October 30, 1896 (Link Ditch No. 2); February 20, 1914 and

October 11, 1906 (Link Ditch No.2 Enlargement). 2.3. Appropriation Date: June 15, 1896 for both Link

Ditch No. 2 and Link Ditch No. 2 Enlargement. 2.4. Decreed Location. The decreed point of diversion for

both the Link Ditch No. 2 and the Link Ditch No. 2 Enlargement is located in NE1/4 of the NW1/4 of

Section 2, Township 9 North, Range 76 West of the 6th P.M. in Larimer County, Colorado. 2.5. Source:

Link Creek, tributary to the Big Laramie River. 2.6. Decreed Flow Rate: 2.0 c.f.s. (Link Ditch No. 2); 3.4

c.f.s. (Link Ditch No. 2 Enlargement). 2.7. Decrees Uses: Irrigation of approximately 50 acres. 3.

Correction to an Established but Erroneously Described Point of Diversion. Link Ditch No. 2 and Link

Ditch No. 2 Enlargement meet the requirements of an established but erroneously described point of

diversion under CRS 37-92-305(3.6). The point of diversion for Link Ditch No. 2 and Link Ditch No. 2

Enlargement has been in the same location since the CA1247 and CA 2725 decrees were entered, but is not

located in the decreed location. However, the Link Ditch No. 2 and Link Ditch No. 2 Enlargement water

rights have been diverted with the intent to divert pursuant to the CA1247 and CA2725. The established

point of diversion for the Link Ditch No. 2 and Link Ditch No. 2 Enlargement is located more than 500 feet

from the originally decreed location, and neither a natural stream that is tributary to the diverted stream nor

another surface water right is located between the decreed location and its physical location as described in

the following sentence. Applicant seeks to change the decreed point of diversion for the Link Ditch No. 2

and Link Ditch No. 2 Enlargement to the actual established location in the SE1/4 of the NE14/4 of Section

3, Township 9 North, Range 76 West of the 6th P.M. in Larimer County, Colorado. GPS Coordinates:

Easting (UTM X) = 424450 and Northing (UTM Y) = 4514541. 4. Name and Address of Owner of Land

on Which Structure is Located: The owner of the land upon which the structure for the Link Ditch No. 2

and the Link Ditch No. 2 Enlargement is located is the United States of America, 2150 Centre Avenue,

Building E, Fort Collins, CO, 80526.

19CW3191 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER

BOARD, c/o Jennifer Petrzelka, Water Resources Operations Manager 1001 11th Avenue, Second Floor

Greeley, Colorado 80631 jennifer.petrzelka@greeleygov.com (970) 350-9811. Attorneys: Carolyn F. Burr,

James M. Noble, Jens Jenson, Welborn Sullivan Meck and Tooley, P.C., 1125 17th Street, Suite 2200,

Denver, Colorado 80202 and Jerrae C. Swanson, Greeley City Attorney’s Office, 1100 10th Street, Suite

401, Greeley, Colorado 80631. APPLICATION FOR FINDING REASONABLE DILIGENCE IN

WELD COUNTY. 2. General Description of the Application. This application for finding reasonable

diligence concerns the conditional surface rights, conditional storage rights, and conditional appropriative

rights of exchanges decreed in Case Number 2005CW326, District Court, Water Division No. 1, entered

on September 12, 2013 (the “05CW326 Decree”). The conditional water rights decreed in Case No.

05CW326 constitute a portion of Greeley’s Lower Equalizer Project (the “Project”). Conditional Surface

Water Rights 3. Description of the Conditional Surface Water Rights. 3.1 Date of Original Decree. See

Paragraph 2 above. 3.2 Name and Legal Descriptions of Structures (all locations in the 6th P.M., Weld

County). The conditional surface water rights involve the following structures, the approximate location of

which are shown on the map attached hereto as Exhibit A: 3.2.1 Lower Equalizer Pump Station No. 1: a

proposed diversion to be located on or adjacent to the Big Thompson River in Section 5, Township 4 North,

Range 66 West. 3.2.2 Lower Equalizer Pump Station No. 2: a proposed diversion to be located on or

adjacent to the Big Thompson River in Section 1, Township 4 North, Range 67 West. 3.3 Source of Water.

Big Thompson River, tributary to the South Platte River. 3.4 Dates of Initial Appropriation: December 14,

2005. 3.5 Amount: 30 c.f.s., conditional, for each diversion point. 3.6 Decreed uses: All municipal uses,

including but not limited to irrigation, watering of lawns, parks and grounds, domestic, industrial,

commercial, fire protection, street sprinkling, recreational, piscatorial, preservation of wildlife and aesthetic

values, augmentation, replacement, substitution and exchange, including use by storage for later release to

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meet return flow obligations, augmentation requirements, and for all other beneficial uses of Greeley and

its customers. Greeley may fully consume such water by direct use, storage and subsequent release,

exchange, reuse, successive use or disposition. Conditional Water Storage Rights 4. Description of

Conditional Water Storage Rights. 4.1 Date of Original Decree. See Paragraph 2 above. 4.2 Name and

Legal Description of Dam, Dam Height, Dam Length, and Surface Area of High Water Line (all locations

in the 6th P.M., Weld County). The conditional storage water rights involve the following structures, the

approximate location of which are shown on the map attached hereto as Exhibit A: 4.2.1 Lower Equalizer

Reservoir No. 1: a reservoir to be located on an unnamed drainage, tributary to the Big Thompson River in

the NE 1/4 of Section 31, Township 5 North, Range 66 West. Dam height: 50 feet. Dam length: 1,492 feet.

Surface area of high water line: 51 acres. 4.2.2 Lower Equalizer Reservoir No. 2: a reservoir to be located

on an unnamed drainage, tributary to the Big Thompson River in the NE 1/4 of Section 36, Township 5

North, Range 67 West. Dam height: 60 feet. Dam length: 1,065 feet. Surface area of high water line: 43

acres. 4.2.3 Boomerang Reservoir No. 1: an on-channel reservoir to be located on Sheep Draw, tributary to

the Cache la Poudre River in the SE 1/4 of Section 14, and the SW 1/4 of Section 13, Township 5 North,

Range 67 West. Dam height: 36 feet. Dam length: 1,725 feet. Surface area of high water line: 69 acres.

4.2.4 Boomerang Reservoir No. 2: an on-channel reservoir to be located on an unnamed drainage, tributary

to Sheep Draw, tributary to the Cache la Poudre River in the SW 1/4 of Section 18, Township 5 North,

Range 66 West. Dam height: 30 feet. Dam length: 1,905 feet. Surface area of high water line: 43 acres. 4.3

Source of water, amount, and filler ditch capacity: 4.3.1 Lower Equalizer Reservoir No. 1: Source: unnamed

tributary of the Big Thompson River. Amount: 900 acre-feet, conditional, with the right to one refill minus

carryover storage. The reservoir will also be filled with water diverted by a 30 cfs pipeline from the Lower

Equalizer Pump Station No. 1 or Lower Equalizer Pump Station No. 2. 4.3.2 Lower Equalizer Reservoir

No. 2: Source: unnamed tributary of the Big Thompson River. Amount: 760 acre-feet, conditional, with the

right to one refill minus carryover storage. The reservoir will also be filled with water diverted by a 30 cfs

pipeline from the Lower Equalizer Pump Station No. 1 or Lower Equalizer Pump Station No. 2. 4.3.3

Boomerang Reservoir No. 1: Source: Sheep Draw, a tributary of the Cache la Poudre River. Amount: 581

acre-feet, conditional, with the right to one refill minus carryover storage. The reservoir will also be filled

by a 30 cfs pipeline from the Lower Equalizer Pump Station No. 1 or Lower Equalizer Pump Station No. 2

described above. Water diverted from the Lower Equalizer Pump Station Nos. 1 and 2 will be pumped into

the Greeley Loveland Irrigation Company Canal and then diverted into the reservoir. 4.3.4 Boomerang

Reservoir No. 2: Source: unnamed tributary of Sheep Draw, a tributary of the Cache la Poudre River.

Amount: 481 acre-feet, conditional, with the right to one refill minus carryover storage. The reservoir will

also be filled by a 30 cfs pipeline from the Lower Equalizer Pump Station No. 1 or Lower Equalizer Pump

Station No. 2 described above. Water diverted from the Lower Equalizer Pump Station Nos. 1 and 2 will

be pumped into the Greeley Loveland Irrigation Company Canal and then diverted into the reservoir. 4.4

Estimated Volume. The reservoirs described above have not yet been completed. Therefore, the storage

amounts listed above are estimates. Actual storage amounts of the completed reservoirs may differ from

the estimated amounts; however, the total amount of the storage rights decreed herein shall not exceed

2,722 acre-feet, with the right to one refill minus carryover storage. 4.5 Date of initiation of appropriation:

December 14, 2005. 4.6 Decreed uses: All municipal uses, including but not limited to irrigation, watering

of lawns, parks and grounds, domestic, industrial, commercial, fire protection, street sprinkling,

recreational, piscatorial, preservation of wildlife and aesthetic values, augmentation, replacement,

substitution and exchange, including use by storage for later release to meet return flow obligations,

augmentation requirements, and for all other beneficial uses of Greeley and its customers. Greeley may

fully consume such water by storage and release, exchange, reuse, successive use or disposition.

Conditional Appropriative Rights of Exchanges (the “Subject Exchange”) 5. Description of

Conditional Rights of Exchange. 5.1 Date of Original Decree. See Paragraph 2 above. 5.2 Exchange-from

points (points of substitution and exchange) (all locations in the 6th P.M., Weld County): The Subject

Exchange involves the following structures, the approximate location of which are shown on the map

attached hereto as Exhibit A: 5.2.1 Evans Wastewater Treatment Plant Outfall to the South Platte River,

located in Section 21, Township 5 North, Range 65 West. 5.2.2 Hill-N-Park Waste Water Treatment Plant

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Outfall to the South Platte River, located in Section 36, Township 5 North, Range 66 West. 5.2.3 Lonetree

(a/k/a/ JBS Swift) Industrial Wastewater Treatment Plant Outfall, located on Long Tree Creek

approximately 1 mile upstream of the confluence of that creek and the South Platte River in Section 31,

Township 6 North, Range 64 West. 5.2.4 Greeley Water Pollution Control Facility (a/k/a/ Wastewater

Treatment Plant) Outfall, the approximate location of which is on the North bank of the Cache la Poudre

River, approximately 620 feet East of the West section line and 360 feet North of the South section line of

Section 4, Township 5 North, Range 65 West. 5.2.5 8th Street Reservoir Outlet, to be constructed in Section

4, Township 5 North, Range 65 West. 5.2.6 Outlet(s) for Flatiron Reservoir Nos. 1-5, constructed or to be

constructed in Section 36, Township 6 North, Range 66 West. 5.2.7 35th Avenue Reservoir Outlet(s), to

be constructed in Section 34 and/or 35, Township 6 North, Range 66 West. 5.2.8 F Street Reservoir Outlet,

to be constructed in Section 34, Township 6 North, Range 66 West. 5.2.9 WW Farm Lake Nos. 1-4 Outlets,

to be constructed in Sections 32 and/or 33, Township 6 North, Range 66 West. 5.2.10 Release Structures

for Greeley Canal No. 3 including, but not limited to: 5.2.10.1 23rd Avenue Spillway, located in the NE

1/4 of the SE 1/4 of Section 1, Township 5 North, Range 66 West at a point approximately 1,050 feet West

of the East section line and 2,450 feet North of the South section line of said Section 31 and which

discharges into the Cache la Poudre River in the SW 1/4 of the NW 1/4 of Section 31, Township 6 North,

Range 65 West at a point approximately 400 feet East of the West section line and 2,750 feet North of the

South section line of said Section 31. 5.2.10.2 F Street Release Structure, located approximately 1,575 feet

East of the West section line and 750 feet North of the South section line of Section 34, Township 6 North,

Range 66 West. 5.2.10.3 16th Street Release Structure, located in the NW 1/4 of the SE 1/4 of Section 10,

Township 5 North, Range 65 West at a point approximately 1,950 feet West of the East section line and

2,600 feet South of the North section line of said Section 10 and which discharges into the Cache la Poudre

River in the NE 1/4 of the NE 1/4 of Section 10, Township 5 North, Range 65 West at a point approximately

50 feet West of the East section line and 1,100 feet South of the North section line of said Section 10.

5.2.10.4 Jackson Spillway, which discharges to the South Platte River at a point located in the South 1/2 of

Section 15, Township 5 North, Range 65 West. 5.3 Exchange-to points (points of diversion by exchange)

and exchange rate (all locations in the 6th P.M., Weld County) are described below: 5.3.1 Lower Equalizer

Pump Station No. 1, to be located on or adjacent to the Big Thompson River in Section 5, Township 4

North, Range 66 West. Rate of diversion by exchange: 30 cubic feet per second, conditional. 5.3.2 Lower

Equalizer Pump Station No. 2, to be located on or adjacent to the Big Thompson River in Section 1,

Township 4 North, Range 67 West. Rate of diversion by exchange: 30 cubic feet per second, conditional.

5.3.3 Boomerang Reservoir No. 1, to be located on Sheep Draw in the SE 1/4 of Section 14, and the SW

1/4 of Section 13, Township 5 North, Range 67 West. Rate of diversion by exchange: 60 cubic feet per

second, conditional. 5.3.4 Boomerang Reservoir No. 2, to be located on an unnamed tributary of Sheep

Draw in the SE 1/4 of Section 18, Township 5 North, Range 66 West. Rate of diversion by exchange: 60

cubic feet per second, conditional. 5.4 Exchange Matrix. A matrix of the exchange-from and exchange-to

points and exchange rates is attached hereto as Table-1. 5.5 Places of Storage Following Exchange:

Following Greeley’s diversion of water by exchange as outlined herein, water may be stored simultaneously

in the places of storage described in Paragraph 4.2 and/or such other places of storage in which Greeley

may acquire a right to store water. 5.6 Water Rights to Be Used for Substitute Supply. The sources of

substitute supply for these exchanges are: 5.6.1 Water rights owned or controlled by Greeley in, or naturally

tributary to, the Cache la Poudre River pursuant to (i) water rights decreed to Greeley Canal No. 3, which

water rights are more particularly described in the decree entered by the District Court for Water Division

No. 1 on June 29, 2004 in Case No. 99CW232; (ii) water rights decreed to the Milton Seaman Reservoir

Enlargements, which water rights are more particularly described in the decrees entered by the District

Court for Water Division No. 1 on June 25, 1992 in Case No. 87CW42 and on December 27, 1993 in Case

No. 90CW226; (iii) water rights represented by shares of stock in the Water Supply and Storage Company

(“WSSC”); (iv) water rights represented by Greeley’s interest in shares of stock in the New Mercer Ditch

Company; v) water rights represented by Greeley’s interest in shares of stock in the Larimer & Weld

Reservoir Company (“LWRC”); (vi) water rights represented by Greeley’s interest in shares of stock in the

Larimer & Weld Irrigation Company (“LWIC”); (vii) water rights represented by Greeley’s interest in

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shares of stock in the Windsor Reservoir and Canal Company (“WRCC”); (viii) water stored in the

reservoirs described in the decree entered in Case No. 99CW234 by the District Court for Water Division

No. 1 on August 26, 2009; and (ix) water rights represented by Greeley’s interest in shares of stock in the

Greeley Irrigation Company (“GIC”). 5.6.2 Water rights owned or controlled by Greeley in, or naturally

tributary to, the Big Thompson River pursuant to direct flow and storage water rights decreed for diversion

at the Loveland and Greeley Canal and Barnes Ditch and owned, controlled or operated by the Greeley and

Loveland Irrigation Company, Seven Lakes Reservoir Company, or their shareholders (including but not

limited to water rights decreed to Loveland and Greeley Reservoir a/k/a Lake Loveland), which water rights

are more particularly described in the decrees entered by the District Court for Water Division No. 1 in

Case No. 87CW329, 95CW42, and 99CW235. 5.6.3 Water rights owned or controlled by Greeley in, or

naturally tributary to the Laramie River pursuant to the water rights decreed in Case No. 2725, Larimer

County District Court, February 20, 1914, and Case No. 5993, Larimer County District Court, September

11, 1944, and represented by shares of stock in the Windsor Reservoir and Canal Company and WSSC,

which have ownership interests in water rights held by the Tunnel Water Company. These water rights are

described in the decree entered in Case No. 06CW258, Water Division No. 1. 5.6.4 Water owned or

controlled by Greeley in, or naturally tributary to, the Colorado River pursuant to water rights decreed to

the Windy Gap Project, a transmountain water diversion project that delivers water from the Colorado River

Basin to the South Platte River Basin (and a portion of the yield from which the City is entitled pursuant to

allotment contracts with the Municipal Subdistrict of the Northern Colorado Water Conservancy District),

which water rights are more particularly described in the decrees entered by the District Court for Water

Division No. 5 on October 27, 1980 in Civil Action No. 1768 and Case Nos. W-4001 and 80CW108, and/or

on July 19, 1990 in Case No. 89CW298. 5.6.5 The wastewater effluent return flows generated by the use

of the foregoing water rights to the extent allowed by decrees for these water rights. 5.7 Additional Sources

of Substitute Supply. Applicant may in the future also use as substitute supplies for the exchanges decreed

herein any sources of water not described in the 05CW326 Decree that Applicant then owns or controls,

provided that they are decreed for the intended use by exchange and can be made legally and physically

available at the exchange-from points decreed herein, and Greeley follows the procedures set forth in the

05CW326 Decree to allow use of those additional sources of substitute supply. 5.8 Date of initiation of

appropriation: December 14, 2005. 5.9 Decreed uses: All municipal uses decreed for the sources of

substitute supply, including irrigation, watering of lawns, parks and grounds, domestic, industrial,

commercial, fire protection, street sprinkling, recreational, piscatorial, preservation of wildlife and aesthetic

values, augmentation, replacement, substitution and exchange, including use by storage for later release to

meet return flow obligations, augmentation requirements, and for all other beneficial uses of Greeley and

its customers. Greeley may fully consume such water to the extent allowed by the decrees for the sources

of substitute supply, whether by direct use, storage and subsequent release, exchange, reuse, successive use

or disposition. Finding of Diligence 6. Integrated System. The conditional surface water rights, the

conditional storage water rights, and the conditional appropriative rights of exchange decreed in the

05CW326 Decree were and are conceived and planned to be operated as a component of Greeley’s

municipal water supply system, which is an integrated system comprised of several different water rights,

features, and facilities. Work on one or more features of this integrated system constitutes effort toward

development of the water rights for all features of the system. 7. Outline of Diligence Activities Performed:

As described in the 05CW326 Decree, the purpose of the Project is to meet some of the City’s needs for

additional water supplies and water management through, among other methods, (a) exchanges of water

legally and physically available to Greeley for such purposes that will allow the City to move water

downstream via the Cache la Poudre River to the confluence of said river with the South Platte River, and

upstream from the Cache la Poudre and South Platte Rivers to points of diversion on or adjacent to the Big

Thompson River; (b) exchanges of water legally and physically available to Greeley for such purposes that

will allow the City to move water upstream via the Cache la Poudre River to the confluence of said river

with Sheep Draw, and upstream to points of diversion on or adjacent to Sheep Draw and its tributaries; (c)

direct flow diversions and storage of water in reservoirs for later release to meet any obligations to maintain

historical return flows above downstream water rights that may now or hereafter be imposed upon the City

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as part of the City’s changes of use of existing water rights, or to augment out-of-priority uses of water for

irrigation, industrial, or other beneficial purposes; and (d) increased use of non-potable sources of water to

meet irrigation, industrial and other water demands (“Project Purpose”). The following activities facilitate

Greeley’s ability to divert, capture and control water diverted, stored and/or exchanged under the

conditional surface water rights, the conditional storage water rights, and the conditional rights of exchange,

including the ability to treat, deliver, and use water rights changed for municipal purposes and generate

fully-consumable return flows, and thereby effectuate the Project Purpose. 7.1 Development of Substitute

Supply During the diligence period, Greeley obtained decrees to make absolute and/or demonstrate

reasonable diligence on and to change the use of the following sources of supplies also listed in Paragraph

5.6 above. 7.1.1 In Case No. 13CW312, decreed April 23 2014, the Court found that Greeley demonstrated

reasonable diligence toward the development of the conditional water storage right decreed in Case No.

90CW226. 7.1.2 In Case No. 13CW3085 decreed January 9, 2014, the Court found that Greeley

demonstrated reasonable diligence toward the development of the conditional water rights decreed in Case

No. 87CW329. 7.1.3 In Case No. 07CW190, decreed on November 7, 2014, Greeley changed 22.5 shares

of WSSC. 7.1.4 In Case No. 14CW3105 decreed January 21, 2015, the Court found that Greeley

demonstrated reasonable diligence toward the development of the conditional water right decreed in Case

No. 95CW042. 7.1.5 In Case No. 15CW3099, decreed December 7, 2016, the Court found that Greeley

demonstrated reasonable diligence toward the development of, and made partially absolute, the conditional

water right decreed in Case No. 99CW234. 7.1.6 In Case No. 15CW3163 decreed June 25, 2018, Greeley

changed 77.8 shares of GIC. 7.1.7 In Case No. 18CW3016, decreed June 24, 2019, the Court found that

Greeley demonstrated reasonable diligence toward the development of, and made partially absolute, the

conditional water rights decreed in Case No. 06CW258. 7.1.8 In Case No. 07CW190, decreed on November

7, 2014, Greeley changed 22.5 shares of WSSC. 7.2 Acquisition and Development of Substitute Supply.

7.2.1 Windy Gap. During the diligence period, Greeley participated in the Windy Gap Firming Project,

which firms the yield of water rights decreed to the Windy Gap Project. Greeley has spent approximately

$3,462,000 on the Windy Gap Firming Project since 2014. 7.2.2 Acquisition of Additional Water Rights.

During the diligence period, Greeley spent approximately $10,595,000 on the acquisition of shares in

WSSC, LWIC, LWRC, WRCC, New Cache Irrigating Company and the Cache la Poudre Reservoir

Company. 7.3 Maintenance and Improvements to Diversion, Release and Storage Structures. 7.3.1 Boyd

and Freeman Ditch: During the diligence period, Greeley spent approximately $23,000 through the Boyd

Irrigation Company to conduct head-gate and ditch repairs, engineer flow measurement structures, and bank

erosion. 7.3.2 Flatiron Reservoir Nos. 1-5 (a/k/a/ Poudre Ponds): During the diligence period, Greeley spent

$4,493,000 on mining and improvements to Poudre Ponds, including mining costs, environmental

assessments and engineering, winterizing pumps, construction costs, expansion of some of the reservoirs,

and damage repair. 7.3.3 Greeley Canal No. 3: During the diligence period, Greeley expended

approximately $23,000 through the GIC to conduct head-gate and ditch repairs, engineer flow measurement

structures, and bank erosion. 7.3.4 Loveland Greeley Canal: During the diligence period, Greeley spent

approximately $374,000 in pro rata expenditures through the Greeley Loveland Irrigation Company to

repair head gates, ditch improvement, removal of sand, debris and trees, and repair the Boyd lake pump.

7.3.5 Non-Potable System Development: During the diligence period, Greeley spent 68,000 on non-potable

infrastructure plans. 7.4 Improvements to Water and Wastewater Treatment Plant: 7.4.1 During the

diligence period, Greeley spent approximately $10,011,000 on Boyd Lake Treatment Plant maintenance

and improvements, including general rehabilitation construction costs, addition of new facility components,

rehabilitation of the raw water line, and needs assessment projects. 7.4.2 During the diligence period,

Greeley spent approximately $20,824,000 on Bellvue Treatment Plant maintenance and improvements,

including but not limited to general rehabilitation, additional sludge drying bed construction, cleaning and

relining a holding pond, the addition of a clarifier geodesic dome, general construction maintenance,

designing a new filter media system, rehabilitation of chemical and raw water lines, continued work on the

addition of a clarifier geodesic dome, general construction maintenance, conducting a needs assessment,

and design and construction of a new treatment facility. 7.4.3 During the diligence period, Greeley spent

approximately $19,977,000 on wastewater treatment plant maintenance and improvements, including but

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not limited to upgrading its security infrastructure, adding a second dewatering centrifuge, adding

instrumentation, a new centrate receiving tank, and septage receiving station, general rehabilitation,

creating a long-range solids master plan, designing and constructing the project improvements, installing a

digester sludge grinder, construction of a nitrification project, construction of a dewatering building roof

installing a new Rotomat Septage tank, and general rehabilitation at its facility. 7.5 Work by Greeley Staff,

Outside Counsel and Consultants: During the diligence period, Greeley has participated as an objector in

water court cases in order to prevent injury to its Big Thompson and the Cache la Poudre water rights,

including the conditional water rights identified herein. 8. Names and addresses of owners or reputed

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

diversion or storage structure is or will be constructed or upon which water is or will be stored. The relevant

structures identified in this Application are located on lands owned by the Applicant, except for the

following: 8.1 Lower Equalizer Pump Station No. 1: Harold and Madeline Daniels, P.O. Box 7356,

Loveland, CO 80537; Aggregators LLC, C/O Ruby Alvarez 8012 Gravier St Ste. 360, New Orleans, LA

70112. 8.2 Lower Equalizer Pump Station No. 2: Bernhardt Farms LLC, 12281 State Hwy 60, Milliken,

Co 80543; Bernhardt Dairy Farm, 12281 State Hwy 60, Milliken, Co 80543. 8.3 Lower Equalizer Reservoir

No. 1: G. D. and Janet Lea Sherrod-Mossberg, 4603 83rd Avenue, Greeley, CO 80634. 8.4 Lower Equalizer

Reservoir No. 2: Bernhardt Farms LLC, 23809 WCR 25, Milliken, CO 80543; David Lee Bernhardt

Consolidated Trust, 23809 WCR 25, Milliken, CO 80543; Timothy Alan Bernhardt Consolidated Trust,

23809 WCR 25, Milliken, CO 80543; Ronald and Tracy Turnbull, 11576 WCR 52, Milliken, CO 80543;

Jeremy and Carrie Jordan, 1026 N 1st St, Johnstown, CO 80534; Robert and Marilyn Schneider, 24987

WCR 25, Milliken, CO 80543; Bradley and Victoria Gilmer, 11850 WCR 52, Milliken, CO 80543. 8.5

Boomerang Reservoir No. 1: Shupe Bros. Co., P.O. Box 1447, Greeley, CO 80632; TOMORA LLC, 1130

50th Ave, Greeley, CO 80634; Matthew J. Chismar Irrevocable Trust, 2577 E CR 60, Wellington, CO

80549. 8.6 Boomerang Reservoir No. 2: Matthew J. Chismar Irrevocable Trust, 2577 E CR 60, Wellington,

CO 80549. 8.7 East 8th Street Reservoir outlet: Greeley Urban Renewal Authority, 1100 10th Street, Suite

201, Greeley, CO 80631. 8.8 35th Avenue Reservoir outlet(s): Betty Davee and Jill Harmon-Brown; 6368

DH 1 Dr, Bainville, MT 59212; Martin Marietta Materials Inc, C/O Baden Tax Management P.O. Box 8040

Fort Wayne, IN 46898. 8.9 WW Farm Lake Nos. 1-4, outlet(s) and infiltration galleries: CAMAS Colorado,

Inc., 6211 N Ann Arbor Rd, Dundee, MI 48131; Aggregate Industries – WCR Inc., 6211 N Ann Arbor Rd,

Dundee, MI 48131; Mary Jane Blietz Duran, 760 N 71st Ave, Greeley, CO 80634; Gregory and Christine

Goodell, 30595 WCR 29, Greeley, CO 80634. WHEREFORE, Greeley requests the Court enter a decree

finding that Greeley has exercised reasonable diligence toward completion of the appropriation for the

conditional surface water right, conditional storage water right and the conditional rights of exchange

decreed Case No. 05CW326 and continuing said conditional water rights for another six-year diligence

period. [13 Pages].

19CW3192 (11CW214, 02CW111, 94CW04) Midtown Facility LLC, 6465 S. Greenwood Plaza Blvd.,

Suite 700, Centennial, CO 80111 (303) 790-6613. Attorneys for Applicant: William H. Caile and Kylie

J. Crandall, Holland & Hart LLP, 555 17th Street, #3200, Denver CO 80202; (303) 295-8000;

whcaile@hollandhart.com. Application for Finding of Reasonable Diligence in ADAMS COUNTY. 2.

Names of Structures. i. Recovery Well EXW-1. ii. Recovery Well EXW-5. iii. Recovery Well EXW-7. iv.

Recovery Well EXW-8. v. Recovery Well EXW-9. vi. Recovery Well EXW-10. vii. Recovery Well EXW-

11. 3. From Prior Decrees: A. Original Decree: July 29, 1996 in Case No. 94CW04, Water Division 1.

Subsequent decrees finding reasonable diligence: i. October 25, 2005, in Case No. 02CW111, Water

Division 1. ii. September 26, 2013 in Case No. 11CW214, Water Division 1. 4. Description of Conditional

Water Rights: A. Legal Descriptions: i. Recovery Well EXW-1 – Located in the NE 1/4 SE 1/4 Section 5

of Township 3 South, Range 68 West of the 6th P.M., Adams County at a point approximately 2440 feet

from the South line and 70 feet from the East line. ii. Recovery Well EXW-5 – Located in the SE 1/4 NE

1/4 Section 5 of Township 3 South, Range 68 West of the 6th P.M., Adams County at a point approximately

2600 feet from the North line and 190 feet from the East line. iii. Recovery Well EXW-7 – Located in the

NE 1/4 SE 1/4 Section 5 of Township 3 South, Range 68 West of the 6th P.M., Adams County at a point

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approximately 2300 feet from the South line and 30 feet from the East line. iv. Recovery Well EXW-8 –

Located in the NE 1/4 SE 1/4 Section 5 of Township 3 South, Range 68 West of the 6th P.M., Adams

County at a point approximately 2500 feet from the South line and 30 feet from the East line. v. Recovery

Well EXW-9 – Located in the SE 1/4 NE 1/4 Section 5 of Township 3 South, Range 68 West of the 6th

P.M., Adams County at a point approximately 2645 feet from the South line and 30 feet from the East line.

vi. Recovery Well EXW-10 – Located in the SE 1/4 NE 1/4 Section 5 of Township 3 South, Range 68 West

of the 6th P.M., Adams County at a point approximately 2695 feet from the South line and 30 feet from the

East line. vi. Recovery Well EXW-10 – Located in the SE 1/4 NE 1/4 Section 5 of Township 3 South,

Range 68 West of the 6th P.M., Adams County at a point approximately 2695 feet from the South line and

30 feet from the East line. vii. Recovery Well EXW-11 – Located in the NE 1/4 SE 1/4 Section 5 of

Township 3 South, Range 68 West of the 6th P.M., Adams County at a point approximately 2100 feet from

the South line and 30 feet from the East line. A map depicting the approximate location of the Subject Wells

is on file with the Court as Exhibit 1. B. Source: Alluvial groundwater tributary to Clear Creek. C.

Appropriation Date: May 22, 1991. D. Amount: i. Recovery Well EXW-1: 5 gpm, Conditional; ii. Recovery

Well EXW-5: 16.5 gpm, Conditional; iii. Recovery Well EXW-7: 22 gpm, Conditional; iv. Recovery Well

EXW-8: 23 gpm, Conditional; v. Recovery Well EXW-9: 32 gpm, Conditional; vi. Recovery Well EXW-

10: 23.5 gpm, Conditional; vii. Recovery Well EXW-11: 26.9 gpm, Conditional; The total combined

average annual pumping rate for the Subject Wells in combination with the wells and amounts that were

decreed in Case No. 94CW04 cannot exceed 300 gpm and the maximum combined pumping rate of the

wells cannot exceed 400 gpm; and provided further that no well may be pumped at a rate or volume in

excess of that allowed in such well’s then existing permit. E. Use: Year-round groundwater remediation

activities. F. Depth: The average depth of the Subject Wells is approximately 45 feet. 5. Detailed outline of

work that has been done towards completion of the appropriations and application of water to beneficial

use: A. Historical operations at the former Hamilton Sundstrand industrial site currently owned by the

Applicant resulted in soil and groundwater contamination. Pursuant to the plan for groundwater

remediation associated with the property, groundwater has been extracted from the alluvial aquifer on a

near-continuous basis since 1992, when the groundwater treatment facility of which the Subject Wells are

a component began operation. B. Pursuant to the remediation plan, groundwater is extracted through

recovery wells, including the Subject Wells. The extracted groundwater is then treated to remove

contaminants and is subsequently returned to the stream system. Any out-of-priority stream depletions

resulting from this process are replaced as necessary to prevent injury to other water rights, pursuant to the

plan for augmentation decreed by this Court in Case No. 94CW04. C. During the last diligence period,

Applicant acquired the Subject Wells from BPI Westminster, LLC (“BPIW”), subject to the requirements

of the remediation plan and the augmentation plan decreed in Case No. 94CW04. BPIW and Applicant

(through their contracted environmental consultants) have continued to operate the remediation system as

needed to facilitate the execution of the remediation plan. Consultants continually monitor the Subject

Wells in addition to other wells associated with the remediation plan, and evaluate the pumping rate,

efficiency and effectiveness of the Subject Wells in removing the contaminated groundwater. Water quality

in the Subject Wells is tested and reported on a regular basis to the Colorado Department of Public Health

and Environment. D. The remediation project of which the Subject Wells are a component is part of a larger

development project whereby adjacent parcels are being developed for other uses. This work is ongoing,

and continued operation of the Subject Wells is necessary to continue and confirm remedial performance

as part of the overall development plan. E. During the diligence period, Applicant and its predecessor BPIW

have made significant capital expenditures in furtherance of the activities described above. The continued

operation of the Subject Wells is a critical component of the overall development plan. Applicant therefore

requests that the Court make a finding of reasonable diligence and continue the conditional water rights for

the Subject Wells in full force and effect. 6. Owner of land where Subject Wells are located: Applicant.

AMENDMENTS

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16CW3028 Bullseye Holdings, LLC PO Box 609, Queen Creek, AZ 85142 and WGC Trading Co.,

PO Box 460, Fort Morgan, CO 80701, AMENDED APPLICATION FOR PLAN FOR

AUGMENTATION IN MORGAN COUNTY, Frederick A. Fendel, III, Matthew S. Poznanovic,

PETROCK FENDEL POZNANOVIC, P.C., 700 17TH Street, Suite 1800, Denver, CO 80202. 1. Name,

address, and telephone number of Applicants:Bullseye Holdings, LLC, an Arizona limited liability

company, PO Box 609, Queen Creek, AZ 85142(480) 797-2921, WGC Trading Co., a Texas corporation,

PO Box 460, Fort Morgan, CO 80701, (480) 797-2921. 2. Summary of augmentation plan as amended:

Bullseye Holdings, LLC owns a commercial feedlot and WGC Trading Co. owns a commercial truck

washing facility, located at 16098 Morgan County Road 0 and 13444 County Road 16, Fort Morgan. Both

are served by the Bullseye 3T well, described below. Truck washing has been a use incidental to the feedlot

operation for many years, and more recently has developed as a stand-alone commercial use separate from

the feedlot. Per the original application, depletions from pumping the well, including remaining depletions

from past pumping, will be replaced initially by recharge leased from Fort Morgan Water Company, Ltd.

This amended application adds an additional source of augmentation water supplied by contract by the

Town of Wiggins. The Wiggins contract is owned by WGC Trading Co., LLC. The amended augmentation

plan adds WGC Trading Co., LLC as a co-applicant and amends the caption accordingly, seeks to augment

a back-up well for the same uses claimed for the Bullseye 3T well, claims a new water right for commercial

truck washing, and clarifies certain details of the proposed augmentation plan. WATER RIGHT 3.

Applicants claim a water right for the Bullseye 3T well and Bullseye Backup Well, described below, for

commercial truck washing use, which may be used separately from or incidentally to the previously decreed

and permitted commercial feedlot use. 3.1 Bullseye 3T Well, Well permit no. 80348-F, WDID 0108634.

3.1.1 Location: in the SE1/4 SW1/4, section 23, Township 3 North, Range 58 West, 6th PM, Morgan

County, 1036 feet from the south section line and 2610 feet from the west section line, UTM coordinates

Northing (UTM y) 4451241.2, Easting (UTM x) 598721.4 3.1.2 Priority date: 9/28/18 3.1.3 Amount:

0.666 cfs 3.1.4 Use: Commercial truck washing. 3.2 Bullseye Backup Well, well permit no. 23040-F,

WDID 0108832. 3.2.1 Location: SE1/4 SW1/4, section 23, Township 3 North, Range 58 West, 6th P.M.,

Morgan County, 1036 feet from the south section line, 2560 feet from the west section line, UTM

coordinates Northing (UTMy) 4451234.0, Easting (UTMx) 598727.0. 3.2.2 Priority date: 9/28/18. 3.2.3

Amount: 300 gpm 3.2.4 Use: Commercial truck washing. AMENDED PLAN FOR AUGMENTATION

4. Structures to be augmented: 4.1 Bullseye 3T Well, Well permit no. 80348-F, WDID 0108634. 4.1.1

Location: in the SE1/4S W1/4, section 26, Township 3 North, Range 58 West, 6th PM, Morgan County,

1036 feet from the south section line and 2610 feet from the west section line, UTM coordinates Northing

(UTM y) 4451241.2, Easting (UTM x) 598721.4 4.1.2 Priority dates: 7/25/1970, decreed 12/31/1972 in

Case No. W-4561 (for commercial feedlot use) and 9/28/18 (for commercial truck washing use). 4.1.3

Amount: 0.666 cfs 4.1.4 Use: Commercial feedlot and commercial truck washing. 4.2 Bullseye Backup

Well, well permit no. 23040-F, WDID 0108832 4.2.1 Location: SE1/4 SW1/4, section 23, Township 3

North, Range 58 West, 6th P.M., Morgan County, 1036 feet from the south section line, 2560 feet from the

west section line, UTM coordinates Northing (UTMy) 4451234.0, Easting (UTMx) 598727.0. 4.2.2

Priority dates: 7/25/1970 (for commercial feedlot use) and 9/28/18 (for commercial truck washing use)

4.2.3 Amount: 300 gpm. Use: Commercial feedlot and commercial truck washing. 5.Source of

augmentation water: 5.1 Fort Morgan Water Company, Ltd. leases excess recharge credits available under

the recharge plan decreed in Case No. W-2692 pursuant to a lease dated August 2, 1991, from the Fort

Morgan Reservoir and Irrigation Company. Fort Morgan Water Company, Ltd. leased up to 50 acre feet

per year to Bullseye by a 2016 lease. The lease term is through October 2030. The water rights under

which leased water is available are: 5.1.1 W-2692. Fort Morgan Reservoir and Irrigation Company’s plan

for augmentation using recharge under various rights decreed to the Fort Morgan Canal, and recharge and

direct releases from Jackson Lake. Pursuant to paragraph 26.G of the decree, excess recharge and

augmentation credits may be leased to others. 5.1.2 Point of diversion: Fort Morgan Canal, located on the

south bank of the South Platte River at a point 23 chains north and 5 chains west of the SE corner of Section

31, Twp. 5 North, Range 59 West, 6th PM, Morgan County; 5.1.3 Source: South Platte River; 5.1.4 Date

of appropriation: May 19, 1972; 5.1.5 Amount: 323 cfs; 5.1.6 Use: recharge and augmentation purposes.

37

5.2 Jackson Lake. 5.2.1 Prior Decrees: Originally decreed January 15, 1914, Case No. 2142, Weld County

District Court for 30,992 acre-feet; Originally decreed May 11, 1915, Case No. 16704, Weld County

District Court for 4,637 acre-feet; Originally decreed June 8, 1965, Weld County District Court for 8,269.92

acre-feet. 5.2.2 Priority: Priority 20 dated May 18, 1901; Priority 20R dated December 31, 1921; 5.2.3

Uses: Originally for irrigation; subsequently changed in several decrees for augmentation, replacement of

out of priority depletions. 5.2.4 Point of Diversion: The headgate of the Jackson Lake Inlet Canal is located

at a point on the north bank of the South Platte River 900 feet south and 200 feet west of the center of the

Southeast 1/4, section 18, T4N, R61W, 6th P.M. The inlet extends thence easterly about 10 miles to the

reservoir. Jackson Lake reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26, and 27 all in

T5N, R60 W, 6th P.M., Morgan County, Colorado; 5.2.5 Source: South Platte River. 5.3 Town of Wiggins.

WGC has contracted with the Town of Wiggins for up to 17 acre feet per year of augmentation from

Wiggins’s various sources of augmentation described in or to be added to its augmentation plan decreed in

Case Nos. 11CW131 and 14CW3068. Deliveries by Wiggins may commence in November 2026.

Thereafter, the contract term is perpetual. Applicants may lease additional water available from Wiggins

from time to time (before or after November 2026) when Wiggins has excess augmentation supplies

pursuant to separate agreements. 5.3.1 Wiggins owns various water rights and sources more completely

described in the decrees in Case Nos. 11CW131 and 14CW3068 or that may be added pursuant to

procedures described therein. Generally, these include Weldon Valley Ditch company stock, Weldon

Valley Ditch Company recharge, return flow from municipal use via the proposed Wiggins wastewater

treatment plant, leased Riverside recharge. Wiggins plans to add new sources and locations of

augmentation to its plan, which will also be used to augment these wells. Wiggins’s new sources will

include recharge generally in section 22, Township 4 North, Range 60 West, 6th P.M., Morgan County,

recharge generally in NW1/4, section 3, Township 3 North, Range 57 West, 6th P.M., Morgan County, both

of which will be the subject of future applications by Wiggins. 6. Statement of plan for augmentation: The

Bullseye 3 T well and/or its back-up well will be used for all uses that may occur in the operations on its

property, including stockwatering, washing equipment and vehicles, and related uses. The property

includes two parcels totaling approximately 150 acres located in the N1/2, and the N1/2 S1/2, section 26,

Township 3 North, Range 58 West, 6th P.M., Morgan County, south and west of the Bijou Canal. The

amount and timing of depletions will be calculated, and all resulting out-of-priority depletions will be

replaced by water deliveries or recharge from the described sources. Depletions will be replaced by water

from the Fort Morgan Water Company through October 2030, and by water from the Town of Wiggins

starting in 2026. Procedures will be proposed to add augmentation sources pursuant to CRS §37-92-305(8).

Wastewater will be consumed by evaporation or by land-application on or off the property. All uses will

be considered 100% consumed with no return flow, and the resulting out-of-priority depletions from

pumping fully augmented. 7. Owner of land on which wells are located: Bullseye 3T well and the Bullseye

Backup well are located on property owned by Michael Kosman Family Trust, 16024 County Road 15,

Fort Morgan, CO 80701. All other structures are located on property owned by Applicants. WHEREFORE,

Applicant prays for a decree approving its claimed water right and plan for augmentation to allow

continuous operation of its wells, and for such additional relief as is justified by the evidence.

17CW3218 Blue Wing Farms LLC, c/o Mr. Chris Dinsdale, 1660 17th Street, Suite 300, Denver, CO

80202. Please send correspondence and pleadings to: David P. Jones and Alyson K. Scott, Lawrence Jones

Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. Phone: (970) 622-8181.

david@ljcglaw.com; alyson@ljcglaw.com. CONCERNING THE FIRST AMENDED APPLICATION

FOR RECHARGE WATER RIGHTS, PLAN FOR AUGMENTATION, APPROPRIATIVE RIGHT OF

EXCHANGE, AND CHANGES OF WATER RIGHTS, in WELD AND MORGAN COUNTIES. 2.

Purpose of Amendment. The Original Application seeks, inter alia, a Plan for Augmentation to augment

several irrigation wells. Applicant has acquired 9 shares of the Weldon Valley Ditch Company, and with

this amended application claims to change the shares to the uses described herein and to use the shares as

a replacement source in the plan for augmentation and as a source of substitute supply in the exchange. By

virtue of ownership of the 9 shares, Applicant is entitled to credits from the Weldon Valley Ditch Company

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recharge project decreed in Case No. 02CW377, and will use such credits for augmentation, replacement

of return flows, and as a source of substitute supply in its exchange. Applicant also clarifies that the water

rights claimed in the Original Application may be used for replacement of return flows. Two of the

irrigation wells in the plan are not located at their originally decreed locations, and Applicant claims

changes in the points of diversion of those two wells and change in place of use for one of them. Finally,

the location of one of the recharge ponds is corrected herein. The Original Application, as amended, is

restated herein. APPLICATION FOR RECHARGE WATER RIGHTS 3. Name of Project: Blue Wing

Farms Recharge Project. 3.1. Point of Diversion: The Blue Wing Farms Pump Station, located on the

south bank of the South Platte River at a point in the NW quarter of the NE quarter of Section 10, Township

4 North, Range 59 West, 6th P.M., 723 feet south of the North line and 3300 feet east of the West line,

Morgan County, Colorado. 3.2. Source: South Platte River. 3.3. Date of Appropriation: May 20, 2015. 3.4.

How appropriation was initiated: Formation of intent to appropriate, the posting of notices near the point

of diversion, and publication of public notice in the Fort Morgan Times. 3.5. Description of recharge

project: Surface water is diverted at the point of diversion and is delivered via pipeline to ponds and allowed

to percolate into the underground aquifer for Applicant’s beneficial uses. The following initial recharge

pond locations have been identified. Applicant claims the right to modify the specifications of the ponds

and to add ponds. 3.5.1. DW Pond 1. Located in the E1/2 NE1/4 of Section 10, Township 4 North, Range

59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 9.0 acres. Days to Dry Value: 30.

3.5.2. Riverview Pond 1. Located in the SE1/4 SE1/4 of Section 10, Township 4 North, Range 59 West, 6th

P.M., Morgan County, Colorado. Surface area when full: 18.7 acres. Days to Dry Value: 30. 3.5.3. Blue

Wing Pond 1. Located in the NW1/2 NW1/4 of Section 15, Township 4 North, Range 59 West, 6th P.M.,

Morgan County, Colorado. Surface area when full: 6.1 acres. Days to Dry Value: 30. 3.5.4. Blue Wing

Pond 2. Located in the SE1/4 NW1/4 of Section 15 and the SW1/4 NW1/4 and NW1/4 SW1/4 of Section

14, Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 14.7

acres. Days to Dry Value: 30. 3.5.5. Blue Wing Pond 3. Located in the SE1/4 NW1/4, SW1/4 NE1/4,

NE1/4 SW1/4, and NW1/4 SE1/4 of Section 15, Township 4 North, Range 59 West, 6th P.M., Morgan

County, Colorado. Surface area when full: 17.9 acres. Days to Dry Value: 30. 3.5.6. Blue Wing Pond 4.

Located in the SE1/4 SE1/4 of Section 15, SW1/4 SW1/4 of Section 14, NE1/4 NE1/4 of Section 22,

Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 16.6 acres.

Days to Dry Value: 30. 3.5.7. Blue Wing Pond 5. Located in the SE1/4 SW1/4 and SW1/4 SE1/4, of Section

15, Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 10.9

acres. Days to Dry Value: 30. 3.5.8. Blue Wing Pond 6. Located in the SE1/4 NE1/4 of Section 22,

Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 5.0 acres.

Days to Dry Value: 30. 3.5.9. Blue Wing Pond 7. Located in the SW1/4 NW1/4 of Section 23, Township 4

North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 5.7 acres. Days to

Dry Value: 30. 3.5.10. Blue Wing Pond 8. Located in the E1/2 NW1/4 of Section 22, Township 4 North,

Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 79.0 acres. Days to Dry

Value: 30. 3.5.11. Blue Wing Pond 9. Located in the SE1/4 and SE1/4 SW1/4 of Section 14, Township 4

North, Range 59 West, 6th P.M., Morgan County, Colorado. Surface area when full: 67.8 acres. Days to

Dry Value: 30. 3.6. Amount. 13,000 gpm (29 cfs) conditional. 3.7. Uses. Augmentation, recharge, and

replacement of return flows. The waters diverted may be used, reused, and placed to successive use either

directly or by exchange. The primary use of recharge credits will be an augmentation and replacement

supply in the plan for augmentation to be decreed herein. Excess credits may be leased to others including

but not limited to Wiggins Farms, LLC for use in its plans of augmentation decreed in Case No. 09CW7,

13CW3156 and Case No. 14CW3110, Water Court, Water Division No. 1. PLAN FOR AUGMENTATION

4. Wells to be augmented: All wells are located in the 6th P.M., Morgan County, Colorado. 4.1. Well No.

1 (WDID 108858), Permit No. 11012-RR, decreed in Case No. W-4621, Water Division No. 1, dated March

20, 1980. 4.1.1. Legal description of well location: NE1/4 NW1/4 Section 15, Township 4 North, Range

59 West, at a point 1290 feet South and 1340 feet East of the NW Corner of said Section 15. 4.1.2. Decreed

flow rate: 2.67 cfs. 4.1.3. Date of appropriation: January 19, 1956. 4.1.4. Use: Irrigation of 160 acres in

the NW1/4, Section 15, Township 4 North, Range 59 West. 4.2. Well No. 2 (WDID 108859), Permit No.

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11011-R, decreed in Case No. W-4621, Water Division No. 1, dated March 20, 1980. 4.2.1. Legal

description of well location: SE1/4 SW1/4 Section 15, Township 4 North, Range 59 West, at a point 1300

feet North and 1350 feet East of SW Corner of said Section 15. 4.2.2. Decreed flow rate: 2.22 cfs. 4.2.3.

Date of appropriation: December 29, 1955. 4.2.4. Use: Irrigation of 160 acres in the SW1/4, Section 15,

Township 4 North, Range 59 West. 4.3. Well No. 3 (WDID 108857), Permit No. 5096-FR, decreed in Case

No. W-4621, Water Division No. 1, dated March 20, 1980. 4.3.1. Legal description of well location: NE1/4

NE1/4 Section 15, Township 4 North, Range 59 West, at a point 1300 feet South and 1310 feet West of NE

Corner of said Section 15. 4.3.2. Decreed flow rate: 3.56 cfs. 4.3.3. Date of appropriation: February 9,

1964. 4.3.4. Use: Irrigation of 160 acres in the NE1/4, Section 15, Township 4 North, Range 59 West. 4.4.

Well No. 4 (WDID 108860), Permit No. 8894-FR, decreed in Case No. W-4621, Water Division No. 1,

dated March 20, 1980. A change of location of the well was decreed in Case No. 96CW258, Water Division

No. 1, dated June 12, 1998. 4.4.1. Legal description of well location: NE1/4 SE1/4 Section 15, Township

4 North, Range 59 West, at a point 2595 feet from the South section line and 109 feet from the East section

line of said Section 15. 4.4.2. Decreed flow rate: 2.22 cfs. 4.4.3. Date of appropriation: April 20, 1958.

4.4.4. Use: Irrigation of 130 acres in the SE1/4, Section 15, Township 4 North, Range 59 West, together

with Well 5095-F. 4.5. Well No. 5 (WDID 105948), Permit No. 5033-F, decreed in Case No. W-3654,

Water Division No. 1, dated April 24, 1974. 4.5.1. Legal description of well location: NW1/4 NW1/4

Section 14, Township 4 North, Range 59 West, at a point 1320 feet South and 1320 feet East of the NW

Corner of said Section 14. 4.5.2. Decreed flow rate: 2.44 cfs. 4.5.3. Date of appropriation: January 24,

1964. 4.5.4. Use: Irrigation of 160 acres in the NW1/4 of Section 14, Township 4 North, Range 59 West.

4.6. Well No. 6 (WDID 105946), Permit No. 6364-F, decreed in Case No. W-3654, Water Division No. 1,

dated April 24, 1974. 4.6.1. Legal description of well location: NE1/4 SW1/4 Section 14, Township 4

North, Range 59 West, at a point 1320 feet North and 1320 feet East of the SW Corner of said Section 14.

4.6.2. Decreed flow rate: 2.44 cfs. 4.6.3. Date of appropriation: November 7, 1964. 4.6.4. Use: Irrigation

of 160 acres in the SW¼ of Section 14, Township 4 North, Range 59 West. 4.7. Well No. 7 (WDID 105947),

Permit No. 9273-RF, decreed in Case No. W-3654, Water Division No. 1, dated April 24, 1974. 4.7.1.

Legal description of well location: NE1/4 SE1/4 Section 14, Township 4 North, Range 59 West, at a point

1380 feet North and 1320 feet West of the SE Corner of said Section 14. 4.7.2. Decreed flow rate: 2.44

cfs. 4.7.3. Date of appropriation: October 8, 1965. 4.7.4. Use: Irrigation of 160 acres in the SE1/4 of Section

14, Township 4 North, Range 59 West. 4.8. Well No. 8 (WDID 107660), Permit No. 13056-FR, decreed in

CA16704, Water Division No. 1, dated January 4, 1971. 4.8.1. Legal description of well location: NE1/4

Section 22, Township 4 North, Range 59 West, at a point 1320 feet South of the North line and 2050 feet

East of the center line of said Section 22. 4.8.2. Decreed flow rate: 900 gpm. 4.8.3. Date of appropriation:

August, 1956. 4.8.4. Use: Irrigation of 160 acres in the NE1/4 of Section 22, Township 4 North, Range 59

West. 4.9. Wiggins Farms Well No. 37 (WDID 107020), Permit No. 11009, decreed in Case No. W-2225,

Water Division No. 1, dated July 25, 1973. 4.9.1. Legal description of well location: NW1/4 NW1/4 Section

22, Township 4 North, Range 59 West, at a point 766 feet South and 1221 feet East of the NW Corner of

said Section 22. 4.9.2. Decreed flow rate: 3.12 cfs. 4.9.3. Date of appropriation: March 1, 1956. 4.9.4.

Use: Domestic and Irrigation of 140 acres in the NW1/4 of Section 22, Township 4 North, Range 59 West.

4.10. Wiggins Farms Well No. 38 (WDID 107016), Permit No. 5015-F, decreed in Case No. W-2225,

Water Division No. 1, dated July 25, 1973. 4.10.1. Legal description of well location: SE1/4 NW1/4 Section

23, Township 4 North, Range 59 West, at a point 1327 feet South and 1333 feet East of the NW Corner of

said Section 23. 4.10.2. Decreed flow rate: 2.90 cfs. 4.10.3. Date of appropriation: January 14, 1964.

4.10.4. Use: Domestic and Irrigation of 160 acres in the NW¼ of Section 23, Township 4 North, Range 59

West. 4.11. Wiggins Farms Well No. 39 (WDID 107017), Permit No. 5014-F, decreed in Case No. W-

2225, Water Division No. 1, dated July 25, 1973. 4.11.1. Legal description of well location: SE1/4 NE1/4

Section 23, Township 4 North, Range 59 West, at a point 1380 feet South and 1267 feet West of the NE

Corner of said Section 23. 4.11.2. Decreed flow rate: 3.11 cfs. 4.11.3. Date of appropriation: January 19,

1964. 4.11.4. Use: Domestic and Irrigation of 160 acres in the NE1/4 of Section 23, Township 4 North,

Range 59 West. 5. Water to be used for augmentation: 5.1. Blue Wing Farms Recharge Project described

above. 5.2. Leased excess supplies from Wiggins Farms, LLC, which operates recharge projects decreed in

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Case No. 09CW7 and Case No. 13CW3156, Water Court, Water Division No. 1. 5.3. Applicant may lease,

purchase, or otherwise acquire and use additional replacement and augmentation supplies in this plan, and

claims the right to do so without amending and republishing this application if such additional supplies are

decreed by the water court or approved by the State Engineer’s Office for augmentation. 5.4. The 9 Shares

of the Weldon Valley Ditch Company claimed to be changed herein, along with Applicant’s portion of

recharge credits generated by the Weldon Valley Ditch Company recharge project decreed in Case No.

02CW377, Water Division No. 1. 6. Statement of plan for augmentation: Diversions from the wells listed

in paragraph 4 cause depletions to the South Platte River. To the extent that the depletions are out of

priority, the plan will replace such out of priority depletions as necessary to prevent injury to vested water

rights of others. This plan will also operate to replace return flows, as may be necessary or required to

prevent injury, for water rights used as replacement sources including, the 9 Shares. Depletions from

pumping after March 15, 1974 will replaced as follows: Well Nos. 1- 8 and Wiggins Farms Well 39 were

formerly member wells in the Well Augmentation Subdistrict of the Central Colorado Water Conservancy

District (WAS) and were removed from WAS prior to entry of a decree in the WAS plan for augmentation,

Case No. 03CW99, Water Court, Water Division No. 1. These nine wells operated under the WAS

Substitute Water Supply Plans during the years 2003 – 2005. Post pumping depletions from such

operations are replaced by WAS pursuant to the terms of the decree in Case No. 03CW99. All other

depletions from these wells will be replaced by this plan for augmentation. 7. Applicant claims the right to

operate pursuant to the Recharge Protocol for Division 1, and §37-82-308, C.R.S., and successor statutes.

Applicant reserves the right to identify additional wells to be augmented, and to remove wells and

augmentation supplies from the plan for augmentation described herein. Applicant further claims the right

to add additional or alternative sources of replacement water in compliance with decreed procedures for

such sources of replacement water under C.R.S. § 37-92-305(8)(c). APPROPRIATIVE RIGHT OF

EXCHANGE 8. Operation of Exchange: At such times when recharge accretions and/or augmentation

deliveries from the water rights and change of water rights claimed herein accrue to the South Platte River

in excess of the replacement requirements under the plan for augmentation described herein, or at times

Applicant has excess replacement water available from other sources, the excess accretions or replacement

water may be exchanged for water diverted at the Blue Wing Farms Recharge Project point of diversion

described above and delivered to the recharge ponds also described above. 8.1. Description of Exchange-

to point: The Blue Wing Farms Pump Station, located on the south bank of the South Platte River at a point

in the NW quarter of the NE quarter of Section 10, Township 4 North, Range 59 West, 6th P.M., 723 feet

south of the North line and 3300 feet east of the West line, Morgan County, Colorado. 8.2. Description of

Exchange-from points: The exchange-from point shall be the location where the substitute supply is

delivered to the South Platte River. 8.2.1. Weldon Valley augmentation credits from Case No. 02CW377:

A point on the north bank of the South Platte River in the NE1/4 NW1/4 of Section 18, Township 4 N,

Range 58 West. 8.2.2. Recharge credits from Applicant’s water rights accrue to the South Platte River at

various points within a reach described as follows: A point on the south bank of the South Platte River in

the SW1/4 SW1/4 of Section 12, Township 4 North, Range 59 West. 8.2.3. The 9 Shares claimed to be

changed herein may be delivered from the Weldon Valley Ditch to the South Platte River at various points

as approved by the Weldon Valley Ditch Company. One such delivery point, associated with the historical

farm headgate, is located in the SW1/4 of Section 2, Township 4 North, Range 59 West, 6th P.M., 395 feet

north of the south line of the section, and 1,276 feet east of the west line of the section. The end of the ditch

returns to the river at a point located in the NW1/4 of Section 18, Township 4 North, Range 58 West, 6th

P.M., 594 feet south of the north line of the section, and 2,541 feet east of the west line of the section, which

is the furthest downstream point where the 9 Shares may be delivered to the river. The exchange-from

point will be the location where the 9 Shares are delivered to the South Platte River. 8.3. Date of

appropriation: May 20, 2015 for all supplies other than the 9 Shares and credits from Case No. 02CW377;

Date this amended application was filed for use of the 9 Shares and credits from Case No. 02CW377 as

substitute supplies. 8.4. How appropriation was initiated: Formation of intent to appropriate, the posting of

notices near the point of diversion, publication of public notice in the Fort Morgan Times, acquiring the 9

Shares, obtaining approval of the claim for exchange by the Weldon Valley Ditch Company, construction

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of the Blue Wing Farms Recharge Project Pump Station, and the filing of the original application and

amended application. 8.5. Amount claimed: 13,000 gpm, conditional, for the May 20, 2015 exchange; 1.85

c.f.s., conditional, for the 2019 exchange. 8.6. Uses: Augmentation, aquifer recharge, and exchange for

replacement of depletions and return flow obligations. CHANGE OF WATER RIGHT 9. Decreed water

right for which change is sought: 9.1. Name of structure: Weldon Valley Ditch 9.2. Date of original decree:

November 21, 1895, Case No. 433, Weld County District Court, Weld County, Colorado 9.3. Legal

description of structure: The Weldon Valley Ditch headgate is located on the north bank of the South Platte

River in the SW1/4 NW1/4 SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld

County, Colorado. 9.4. Decreed source of water: South Platte River 9.5. Appropriation Date: October 26,

1881 9.6. Decreed amount: 165 cfs 9.7. Decreed use: Irrigation 9.8. Amount of water applicant intends to

change: Applicant seeks to change the water rights attributable to 9 shares of the Weldon Valley Ditch

Company, which are represented by stock certificate no. 1326 (“9 Shares”). There are a total of 640 shares

presently issued by the Weldon Valley Ditch Company. 10. Detailed description of proposed change: 10.1.

Historical use of the shares. The 9 Shares were historically used to irrigate approximately 110 acres located

in Sections 2 and 3, Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado. A map

showing the historically irrigated lands is filed herewith as Exhibit 1. 10.2. Diversion records. Applicant’s

engineering consultants have reviewed records of diversions by the Weldon Valley Ditch Company and

Applicant will rely on the records in the quantification of the historical use of the 9 Shares. 10.3. Proposed

change of use. Applicant seeks to change the use of the 9 Shares from irrigation only to irrigation,

augmentation, replacement, recharge, and exchange, with the right to totally consume the consumable

portion of the water, either by first use, successive use, or disposition. The 9 Shares may be used as a source

of substitution and augmentation supply in the Applicant’s plan for augmentation described herein. The

consumable portion of the 9 Shares released to the South Platte River may be rediverted and delivered to

recharge directly or by exchange to Applicant’s recharge structures described in paragraph 3 above. The 9

Shares and excess augmentation or recharge credits derived therefrom may be leased to others for use in

other decreed plans for augmentation if approved through procedures for adding sources to such plans for

augmentation; or approved in a subsequent decree; or if approved by the state engineer under a substitute

water supply plan for any pending application for a plan for augmentation. By letter dated on or about

September 19, 2019, the Weldon Valley Ditch Company approved the requested change of Weldon Valley

shares in accordance with the company bylaws. 10.4. Augmentation Use. Use of the 9 Shares for

augmentation will be accomplished by delivering the 9 Shares to the South Platte River through

augmentation stations located on or proximate to the Weldon Valley Ditch. 10.5. Recharge Use. Use of the

9 Shares for recharge will be accomplished by delivering the 9 Shares to the South Platte River and

subsequently rediverting the water attributable to the 9 Shares, directly or by exchange, at recharge

structures owned by Applicant. 10.6. Dry up. Applicant has obtained a dry up covenant on the historically

irrigated lands, which is sufficient to prevent an expansion of use of the 9 Shares. 10.7. Historical Use

Analysis. Applicant’s engineering consultants have performed a preliminary analysis of the historical

deliveries and use of the 9 Shares. The analysis used a “demand based” method to determine farm headgate

deliveries. Ditch loss was assumed to be 22.5%. The following estimates are subject to change upon

completion of the engineering analysis. During the study period of 1950-2014, the farm headgate deliveries

attributable to the 9 Shares averaged approximately 290 acre-feet. The historical consumptive use of the 9

Shares during the study period was an average of approximately 154 acre-feet per year, which is

approximately 17.1 acre-feet per share. Return flows from the 9 Shares during the study period was an

average of approximately 136 acre-feet per year. These amounts are preliminary and subject to

modification upwards or downwards as additional information becomes available to Applicant. 10.8. Return

Flow Appropriation and Replacement. The amount of water attributable to historical return flows from the

9 Shares is hereby appropriated by Applicant for the changed uses claimed herein. The appropriated return

flows will be used, directly or by substitution and exchange, for the changed uses described herein.

Historical return flows from diversion and use of the 9 Shares will be replaced when the calling downstream

water right is senior to the date of the filing of this application. Return flows will be replaced using a

portion of the 9 Shares, or recharge credits from the diversion of the 9 Shares to recharge, or any other

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sources Applicant has available as replacement source under the plan for augmentation applied for herein.

10.9. Applicant is entitled to its pro rata portion of recharge credits from the recharge water rights of the

Weldon Valley Ditch Company, decreed in Case No. 02CW377, Water Division No. 1, November 5, 2009.

Such credits may be used by Applicant to replace return flow obligations from the 9 Shares. Such credits

may also be used by Applicant as a source of augmentation supply in the plan for augmentation described

herein and as a source of substitute supply in the appropriative right of exchange described herein. 10.10.

When the 9 Shares are used in an augmentation plan, the annual and monthly projections prepared for such

plan will include the projected deliveries of the 9 Shares and the amount of return flow obligations from

Applicant’s previous (as of the time of the projection) and projected use of the 9 Shares. The projected

deliveries of the 9 Shares will be limited to a hydrologically determined dry-year yield to be determined in

this case based on precipitation and/or river flows. 11. Proposed Terms and Conditions for delivery of the

9 Shares: 11.1. Water attributable to the 9 Shares will continue to be diverted from the South Platte River

at the headgate of the Weldon Valley Ditch and delivered through the Ditch for Applicant’s uses. 11.2.

Applicant may take delivery of the 9 Shares at any of the following points: 1) at the farm headgate located

in the NE1/4 NW1/4 of Section 34, Township 5 North, Range 59 West of the 6th P.M., at the intersection

of the Weldon Valley Ditch and MCR 9.5; or 2) at the end of the Weldon Valley Ditch; or 3) any other

location on the Weldon Valley Ditch as agreed upon with the Weldon Valley Ditch Company. 11.3. The 9

Shares shall be subject to ditch loss in the Weldon Valley Ditch as determined by the ditch rider, applying

the same percentage to all shareholders. 11.4. The diversion season applicable to the 9 Shares shall be the

same as the season for all Weldon Valley Ditch Company shareholders. 11.5. Deliveries of the 9 Shares

shall be measured and recorded and will include volumetric limits, as necessary. CHANGES OF

UNDERGROUND WATER RIGHTS 12. Decreed water right for which change is sought: The water right

for Well No. 7 (WDID 105947), Permit No. 9273-RF. 12.1. Original decree: Case No. W-3654, Water

Division No. 1, dated April 24, 1974. (The well is named “Carlson Well #4” in the original decree.) 12.2.

Legal description of decreed well location: NE1/4 SE1/4 Section 14, Township 4 North, Range 59 West,

at a point 1380 feet North and 1320 feet West of the SE Corner of said Section 14, 6th P.M., Morgan County.

12.3. Decreed flow rate: 2.44 cfs. 12.4. Date of appropriation: October 8, 1965. 12.5. Decreed Source:

South Platte River. 12.6. Use: Irrigation of 160 acres in the SE1/4 of Section 14, Township 4 North, Range

59 West. 12.7. Description of proposed change: The well was relocated by a previous owner to a point near

the 1/2 section line, with an irrigated circle which overlaps portions of all four quarters of the section.

Applicant claims to change the point of diversion of Well No. 7 and to change the place of use. The new

point of diversion is at the actual location of the well, in the NE1/4 SE1/4 Section 14, Township 4 North,

Range 59 West, at a point 2,383 feet north of the south section line and 1,470 feet west of the east section

line of said Section 14, 6th P.M., Morgan County. The new legal description of the place of use is 160 acres

in the SE1/4, NE1/4, SW1/4, and NW1/4 of Section 14, Township 4 North, Range 59 West, 6th P.M.,

Morgan County. Following entry of a decree granting this change, Applicant will apply for a well permit

which complies with the changed location and place of use of the well. 13. Decreed water right for which

change is sought: The water right for Wiggins Farms Well No. 37 (WDID 107020), Permit No. 11009.

13.1. Original decree: Case No. W-2225, Water Division No. 1, dated July 25, 1973. (The well is named

“Well No. 5-11009” in the original decree.) 13.2. Legal description of decreed well location: NW1/4

NW1/4 Section 22, Township 4 North, Range 59 West, at a point 766 feet South and 1221 feet East of the

NW Corner of said Section 22, 6th P.M., Morgan County. 13.3. Decreed flow rate: 3.12 cfs. 13.4. Date of

appropriation: March 1, 1956. 13.5. Decreed source: Groundwater. 13.6. Use: Domestic and Irrigation of

140 acres in the NW1/4 of Section 22, Township 4 North, Range 59 West. 13.7. Description of proposed

change: The well was relocated by a previous owner. Applicant claims to change the point of diversion of

Wiggins Farms Well No. 37 to the actual location of the well, NW1/4 Section 22, Township 4 North, Range

59 West, at a point 1,002 feet south of the north section line and 1,341 feet east of the west section line of

said Section 22, 6th P.M., Morgan County. No change in place of use is sought for the water right.

Following entry of a decree granting this change, Applicant will apply for a well permit which complies

with the changed location of the well. CORRECTION OF RECHARGE POND LOCATION 14. Name of

Pond: Blue Wing Pond 1. This pond was described in paragraph 2.5.3 of the Original Application. The

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correct location of the recharge pond is: NW1/4 NW1/4 Section 14, Township 4 North, Range 59 West,

6th P.M., 245 feet from the North line and 221 feet from the West line, Morgan County, Colorado. Surface

area when full: 6.1 acres. Days to Dry Value: 30. 15. Names and addresses of owners of land on which

any new diversion or storage structures or modification to any existing diversion or storage structures are

located: The recharge point of diversion and a portion of the recharge pipeline are located on lands owned

by DT Ranch, Inc., c/o Inverness Properties, LLC, 2 Inverness Drive East, Ste. 200, Centennial, CO 80112.

The land where Riverview Pond 1 is located is owned by Riverview Cemetery Association, c/o Rick or

Vivian Lorenzini, 10222 Road Y, Weldona, CO 80653. The land where Blue Wing Ponds 7 and 8 and

Wiggins Farms Wells 37, 38 and 39 are located is owned by Wiggins Farms, LLC, 1660 17th Street, Ste.

300, Denver, CO 80202. Applicant owns the lands on which all other structures described herein are located.

Therefore, Applicant requests the Court to enter a decree granting its application and such other and further

relief as the Court may award. The original format of this application is sixteen (16) pages in length plus

one (1) exhibit.

19CW3103, UPPER BEAR CREEK PROPERTIES, LLC. (“UBCP”), JOHN WATSON AND

DEBBIE P. WRITER (“WATSON”), WATSON AND ASSOCIATES, LLC (“W&A”), PO Box 187,

Evergreen, CO, 80437. MOUNTAIN MUTUAL RESERVOIR COMPANY (“MMRC”), 6949

Highway 73, Suite 15, Evergreen, CO, 80439. Frederick A. Fendel, III, Eric K Trout, Petrock Fendel

Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. Second Amended Application for

Water Rights, Storage Rights, and for Approval of a Plan for Augmentation in JEFFERSON AND

CLEAR CREEK COUNTIES. This Second Amended Application for Water Rights, Storage Rights, and

for Approval of a Plan for Augmentation adds additional augmentation water rights to the plan for

augmentation described in the original and First Amended applications, and adds a new co-applicant,

Watson and Associates, LLC, the owner of the additional augmentation water. 1. Summary of Application:

The Watson/UBCP property consists of approximately 150 acres that straddles the county line between

Jefferson and Clear Creek counties along Bear Creek, known as 158 Upper Bear Creek Road, Clear Creek

County, and 160 Upper Bear Creek Road, Jefferson County (the “Property”). Three on-stream ponds, the

“Watson Pond” the “East Pond” and “West Pond” (collectively the “3 Ponds”), are located on the Property.

A 10-lot subdivision is proposed for 100 acres, being a portion of the land (the “Subdivision”) in Jefferson

County. This application seeks confirmation of storage rights for the 3 Ponds, an exchange right into the 3

Ponds, and an augmentation plan. The augmentation plan will replace depletions from the proposed

subdivision and evaporation from the 3 Ponds. The source of augmentation water in the original and first

amended application is 19.6 shares of stock in Mountain Mutual Reservoir Company, representing 0.6154

acre-feet per year from MMRC’s interest in the water rights of the Soda Lakes Reservoir and Mineral Water

Company, Harriman Ditch Company, and Warrior Ditch previously changed in Case No. 01CW293 and

other water supplies to be acquired and added in the future. The additional augmentation water added by

this second amended application is up to 6.5 average af/year represented by 5.15 shares of the Harriman

Ditch Company, previously changed in Case No. 83CW280 (Application of Mount Carbon Metropolitan

District), which may be stored in the Soda Lakes pursuant to Applicants’ interest in 0.65 shares of the Soda

Lakes Reservoir and Mineral Water Company and the May 29, 2003, Soda Lakes Operating Agreement

with Mount Carbon Metropolitan District. Application For Water Rights. 3. Watson Pond; Location:

NE1/4 NW1/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear Creek County;

Amount: Approximately 2.6 acre feet, with the right to fill and refill to maintain a full pond; Surface Area:

This pond has a maximum surface area of approximately 0.52 acres. Use: Irrigation, fire prevention, stock

and wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife and aesthetic values,

augmentation and replacement of evaporation. Priority Date: May 31, 2019; Source: Bear Creek. 4. East

Pond; Location: NE1/4 NW1/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear

Creek County; Point of Diversion: Bear Creek at a point in the NE1/4 NW/4, Section 12, Township 5

South, Range 72 West of the 6th P.M., Clear Creek County, whence the north quarter corner of said section

bears north 33º 44’ east 357 feet. Amount: Approximately 0.2 acre feet, with the right to fill refill and

maintain a full pond; Surface Area: This pond has a maximum surface area of approximately 0.06 acres.

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Use: Fire prevention, stock and wildlife watering, piscatorial, recreation, maintenance and preservation of

wildlife and aesthetic values, augmentation and replacement of evaporation. Priority Date: May 31, 2019;

Source: Ira Gulch, a tributary of Bear Creek, and Bear Creek; Prior Decree: The East Pond pumped

diversion from Bear Creek was decreed for direct flow irrigation and domestic uses as the Steele Pipe Line,

Tank, and Pumping Plant System in CA 91471. 5. West Pond; Location: SW1/4 NW1/4, Section 12,

Township 5 South, Range 72 West of the 6th P.M., Clear Creek County; Amount: Approximately 0.9 acre

feet, with the right to fill and refill to maintain a full pond; Surface Area: This pond has a maximum

surface area of approximately 0.18 acres. Use: Fire prevention, stock and wildlife watering, piscatorial,

recreation, maintenance and preservation of wildlife and aesthetic values, augmentation and replacement

of evaporation. Priority Date: May 31, 2019; Source: Winter Gulch, a tributary of Bear Creek. 6.

Application For Plan For Augmentation; Augmented Structures: The Subdivision Wells 1 – 10 and the 3

Ponds. Sources of Augmentation: The storage rights claimed herein. Up to 6.5 average af/year of the

water represented by 5.15 shares of the Harriman Ditch Company previously changed in Case No.

83CW280 (Application of Mount Carbon Metropolitan District), which may be stored in the Soda Lakes

pursuant to 0.65 shares of the Soda Lakes Reservoir and Mineral Water Company owned by W&A and

Applicants’ interest in the May 29, 2003, Soda Lakes Operating Agreement with Mount Carbon

Metropolitan District. UBCP also owns 19.6 Shares of stock in the Mountain Mutual Reservoir Company,

representing a pro rata interest in the following water rights: Harriman Ditch. 7.71 shares of the 400 shares

of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. The Harriman Ditch

Company owns the following direct flow water rights decreed in Civil Action No. 6832, on February 4,

1884: The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in

the NE1/4 NE1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado.

The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the

Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The ditch

was originally decreed for irrigation, domestic and municipal purposes. Warrior Ditch. 2.0 shares of the

160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. The Warrior

Ditch Company owns the following direct flow water rights decreed in Civil Action No. 6832 on February

4, 1884: The headgates of the Warrior Ditch are the same as those of the Harriman Ditch. The Ditch was

originally decreed for irrigation purposes. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400

shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water

Company. The Soda Lakes Reservoir and Mineral Water Company owns the following storage water rights

decreed in Civil Action No. 91471 on September 24, 1935, to the Soda Lake Reservoir Nos. 1 and 2: 1,794

acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water

for municipal purposes, including the watering of lawns and gardens. Date of appropriation: February 11,

1893, and a refill right decreed in Case No. 00CW228, District Court, Water Division 1. The Soda Lakes

Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The

reservoirs are filled through the Harriman Ditch. 5.15 shares of the 400 shares of capital stock of the

Harriman Ditch Company and 0.65 shares of the capital stock of the Soda Lakes Reservoir and Mineral

Water Company owned by Watson and Associates, LLC, which may be stored in the Soda Lakes pursuant

to applicants’ interest in the May 29, 2003, Soda Lakes Operating Agreement with Mount Carbon

Metropolitan District. The Harriman Ditch water rights are described above. The rights were changed to

municipal and augmentation uses by the Mount Carbon Metropolitan District in Case No. 83CW280, and

their consumptive use quantified as Harriman Ditch: an average of 6.5 acre feet per year, and; Soda Lakes:

0 acre feet per year. Applicants will propose conditions allowing addition of other augmentation sources

pursuant to CRS § 37-92-305(8)(c) without further published notice. Statement of Plan for Augmentation:

The plan is intended to serve the Watson Subdivision, and to maintain the 3 Ponds at full level. Out-of-

priority evaporation from the 3 Ponds will be calculated and replaced by releases of the sources of

augmentation water described above. Net evaporation from the 3 Ponds has been estimated using the

National Oceanic and Atmospheric Administration (NOAA) Technical Report NWS 33 Evaporation Atlas

for the Contiguous 48 United States, to be less than 2 AF annually, with the typical period of ice cover

being from December 1st through March 15th. Individual wells and the augmentation plan will supply up

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to ten homes proposed for the Watson Subdivision with water for household use, stock water for up to two

(2) horses, and no irrigation, on each lot. Each home will have an individual onsite wastewater septic

disposal system. Consumptive use is estimated to be approximately 0.03 to 0.05 af/yr per home. Watson

Pond was constructed as an onstream reservoir. Subsequent improvements, both planned and in response

to flood damage, allow the flow of Bear Creek to be bypassed around the pond. The 3 Ponds (a) are capable

of being administered when no augmentation is available, (b) are onstream reservoirs, required to replace

net evaporation pursuant to CRS §37-84-117(5), and (c) existed prior to September 13, 1994, and are

therefore present uses of water pursuant to appropriations or practices in existence on the date of the

instream flow appropriations on Bear Creek at and downstream of the pond. Evaporation from the 3 Ponds

will be replaced from the Harriman Ditch/Soda Lakes system when the call is from a water right

downstream of the Harriman Ditch headgate. Applicants will store water in the 3 Ponds on the Property

under the water rights claimed in this application and may exchange augmentation water into one or more

of the 3 Ponds pursuant to the exchange claimed below. When the call is from a water right located below

the Property but upstream of the Harriman Ditch, other than an instream flow right, releases of stored water

may be made from any of the 3 Ponds to replace depletions, or the augmentation water may be trucked to

a release point upstream of the calling right, and/or storage will be curtailed to prevent out-of-priority

diversions. The 3 Ponds will be administered in priority when no augmentation is available. 7. Points of

diversion (exchange-to): Watson Pond, described in Paragraph 3; East Pond and the Steele Pipeline point

of diversion, described in Paragraph 4; West Pond, described in Paragraph 5. Points of release of substitute

supply (exchange-from): Harriman Ditch; Soda Lakes outlet to Harriman Ditch; Confluence of Bear Creek

and Turkey Creek (Bear Creek Reservoir); Rate: 0.10 cfs; Uses: Irrigation, fire prevention, stock and

wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife, piscatorial and aesthetic

values, augmentation and replacement of evaporation; Priority date: May 31, 2019. Owners of land on

which structures are located: Watson Pond, East Pond and West Pond are located on land owned by: John

Watson and Debbie P. Writer. The Watson Subdivision is located on land owned by UBCP. The Harriman

Ditch is located on land owned by: Harriman Ditch Company. The Soda Lakes Reservoirs No. 1 and 2 are

on land owned by: Soda Lakes Reservoir and Mineral Water Co. A map of the 3 Ponds and property are

filed with this application as Exhibit A and Exhibit B, respectively. WHEREFORE, Applicants pray that

their water rights and exchange right be confirmed, their plan for augmentation be approved, and for such

other further relief as is justified by the evidence. (8 Pages).

19CW3114 Western Equipment and Truck, Inc., 2055 1st Ave., Greeley CO 80631, 970-353-6682.

AMENDED APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN

WELD COUNTY. 2. Name of Well: Transportation Center Non-Pot Well No. 1. 2.1. Location: 2.1.1.

UTM Coordinates: Easting 532,441 meters; Northing 4,471,082 meters. UTM 13. 2.1.2. PLSS Description:

In the NW1/4 of the NW1/4, Section 24, 5N, 65W, 6th P.M., 828 feet from the North Section Line and 896

feet from the West Section Line. 2.1.3. See Map attached hereto as Exhibit “A.” 2.2. Source of water:

South Platte River Alluvial Aquifer. 2.3. Date of appropriation: June 21, 2019. 2.4. How appropriation

was initiated: Engineering, filing of water court application. 2.5. Amount claimed: 1500 gpm (3.34 cfs),

conditional. 2.6. Uses: Irrigation, Industrial, Commercial and Fire Protection within the Transportation

Center Subdivision, located in the N 1/2 of the NW1/4 of Section 24, 5 North, 65 West of the 6th P.M.,

Weld County, Colorado. 3. Name of Well: Transportation Center Non-Pot Well No. 2. 3.1. Location:

3.1.1. UTM Coordinates: Easting 532,826 meters, Northing 4,471,068 meters. UTM 13. 3.1.2. PLSS

Description: In the NE1/4 of the NW1/4, Section 24, 5N, 65W, 6th P.M., 875 feet from the North Section

Line and 2,145 feet from the West Section Line. 3.1.3. See Map attached hereto as Exhibit “A.” 3.2.

Source of water: South Platte River Alluvial Aquifer. 3.3. Date of appropriation: June 21, 2019. 3.4. How

appropriation was initiated: Engineering, filing of water court application. 3.5. Amount claimed: 1500

gpm (3.34 cfs), conditional. 3.6. Uses: Irrigation, Industrial, Commercial and Fire Protection within the

Transportation Center Subdivision, located in the N 1/2 of the NW1/4 of Section 24, 5 North, 65 West of

the 6th P.M., Weld County, Colorado. 4. Plan for Augmentation: Groundwater Management Subdistrict

of the Central Colorado Water Conservancy District (“GMS”), 02CW335, Class D Irrigation Contract No.

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1228 (irrigation use) and Class D Non-Irrigation Contract 1222 (industrial, commercial and fire protection

uses). The GMS Board of Directors has approved Contract Nos. 1228 and 1222 and authorized District

counsel to file a separate application to add Transportation Center Non-Pot Well No. 1 and Well No. 2 to

the augmentation plan decreed in 02CW335. 5. Name(s) and address(es) of owner(s) or reputed owners

of the land upon which well is to be installed: 34 Transportation Center Association, 2055 1st Avenue,

Greeley CO 80631 (controlled by Applicant). This Amended Application consists of 3 pages

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND

OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED

BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended

application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of

Opposition, setting forth facts as to why the application should not be granted, or why it should be granted

only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of

NOVEMBER 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed

as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served

upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall

be filed with the Water Clerk.