DISTRICT COURT, WATER DIVISION 1, COLORADO ......Denver, Colorado, at a point 2,020 feet from the...

DISTRICT COURT, WATER DIVISION 1, COLORADO

OCTOBER 2020 WATER RESUME PUBLICATION

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

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

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

each County affected.

20CW3148 THE TOWN CENTER METROPOLITAN DISTRICT AND SECOND CREEK

RANCH METROPOLITAN DISTRICT, Jerry Jacobs, District Manager, 25633 Roxana Point Dr,

Evergreen, CO 80439, (303) 359-9330. Douglas M. Sinor, Mirko L. Kruse, TROUT RALEY, 1120 Lincoln

St., Suite 1600, Denver, Colorado, 80203, (303) 861-1963. APPLICATION FOR WATER RIGHTS

AND APPROVAL OF AN AUGMENTATION PLAN, IN DENVER AND ADAMS COUNTIES. 2.

Description of Water Rights: Co-Applicants’ subject water rights consist of underground water rights with

storage, as shown in Figures 1 & 2 attached. A. Underground water rights with storage: i. Name of structure:

Green Valley Ranch East Well #1 (Well Permit No.84297-F) a. Location: NW 1/4 of the NW 1/4 of S 24,

T 3 S, R66 W, 6th P.M., 590 feet from the North S line and 950 feet from the West S line. b. Source:

Alluvium groundwater, tributary to an unnamed tributary of First Creek, tributary to the South Platte River.

c. Date of appropriation: December 5, 2019.d. How appropriation was initiated: the filing of Substitute

Water Supply Plan ID No. 6151.e.Amount claimed: 50 g.p.m., conditional. To the extent that Co-Applicants

apply water to beneficial use for the claimed purposes during the pendency of this adjudication, Co-

Applicants claim the right to make all or a portion of the claimed water right absolute without amending

the Application. f. Use: Pond filling for aesthetic, fish & wildlife, and fire suppression purposes. g. Storage:

Green Valley Ranch East Ponds. 1. Description: Storage consists of two ponds hydraulically connected via

a pipeline with water flowing from the East (Upper) Pond to the West (Lower) Pond. The West Pond has

an outlet structure to overflow excess water back to the unnamed First Creek tributary. Both ponds will be

lined and will have a combined surface area of 1.83 acres and combined volume of 7.6 acre-feet. After the

initial fill, consumed water will be limited to evaporative losses from the ponds. Additional water may be

diverted to provide fresh water flowing through the ponds for improved water quality; however, all diverted

water in excess of evaporation replacements will return immediately back to the tributary via the outfall of

the West pond. 2.Location: The centroid of the ponds is located in the NW 1/4of the NW 1/4 of S 24, T 3

S, Range 66 W, 6thP.M., approximately 250 feet from the North S line and 631 feet from the West S line.

ii. Name of structure: Green Valley Ranch East Well # 2. a. Location: NW1/4 of the NW1/4 of S 24, T 3 S,

Range 66 West, 6th P.M., approximately 600 feet from the North S line and 685 feet from the West S line.

Well #2 will be located approximately 95 feet from the centerline of the tributary to First Creek. b. Source:



Water Supply Plan ID No. 6151.e. Amount claimed: 50 g.p.m., conditional. f. Use: Pond filling for

aesthetic, fish & wildlife, and fire suppression purposes. g. Storage: See S 2.A.i.g., above. iii. Name of

structure: Green Valley Ranch East Well # 3.a. Location: NW1/4 of the NW1/4 of S 24, T3S, R66W, 6th

P.M., approximately 20 feet from the North S line and 60 feet from the West S line. Well #3 will be located

approximately 275 feet from the centerline of the tributary to First Creek. b. Source: Alluvium groundwater,

tributary to an unnamed tributary of First Creek, tributary to the South Platte River. c. Date of

Appropriation: December 5, 2019. d. How appropriation was initiated: the filing of Substitute Water Supply

Plan ID No. 6151. e. Amount claimed: 50 g.p.m., conditional. f. Use: Pond filling for aesthetic, fish &

wildlife, and fire suppression purposes. g. Storage: See S 2.A.i.g., above. iv. Name of structure: Green

Valley Ranch East Infiltration Gallery (Well Permit No. 84298-F) a. Location: NW 1/4 of the NW 1/4 of S

24, T 3 S, R66 W, 6th P.M., 610 feet from the North S line and 870 feet from the West S line. b. Source:



Water Supply Plan ID No. 6151.e. Amount claimed: 350 g.p.m., conditional. To the extent that Co-

Applicants apply water to beneficial use for the claimed purposes during the pendency of this adjudication,

Co-Applicants claim the right to make all or a portion of the claimed water right absolute without amending

the Application. f. Use: Pond filling for aesthetic, fish & wildlife, and fire suppression purposes. g. Storage:

See S 2.A.i.g., above. 3. Name of structures to be augmented: Green Valley Ranch East Well # 1, 2 & 3

and Green Valley Ranch East Infiltration Gallery, as shown in Figure 1. A. Green Valley Ranch East Well

# 1 i. Previous decree: None. ii. See description in S 2.A.i., above. B. Green Valley Ranch East Well # 2 i.

Previous decree: None. ii. See description in S 2.A.ii., above. C. Green Valley Ranch East Well # 3i.

Previous decree: None. ii. See description in S 2.A.iii., above. D. Green Valley Ranch East Infiltration

Gallery i. Previous decree: None. ii. See description in S 2.A.iv., above. 4. Water rights to be used for

augmentation: As an augmentation supply, Co-Applicants will use fully consumable return flows from golf

course and streetscape irrigation, and water pumped directly from existing non-tributary wells into First

Creek. These augmentation sources are described more fully as follows: A. Non-tributary ground water

rights. i. Date of original decree: Division 1 Water Court Consolidated Case Nos.82CW488 and 84CW030

on April 29, 1987.ii. Type of water right: Groundwater. iii. Well permits: a. TCMD Well No. 1: (Lower

Arapahoe Aquifer) (Permit no. 65704-F (prior Permit no. 53881-F)); SW 1/4 of the NW 1/4 of S 14,T3S,

R66W, 6th P.M., City and County of Denver, Colorado, at a point 1,770 feet from the North line and 760

feet from the West line of said S 14. Average annual withdrawal of 282 acre-feet in combination with

TCMD Well Nos. 3 and 8.b.TCMD Well No. 2: (Upper Arapahoe Aquifer) (Permit no. 65705-F (prior

Permit no. 53883-F)); SW 1/4 of the NW 1/4 of S 14,T3S, R66W, 6th P.M., City and County of Denver,

Colorado, at a point 1,790 feet from the North line and 750 feet from the West line of said S 14. Average

annual withdrawal of 219 acre-feet in combination with TCMD Well Nos. 4 and 5. c. TCMD Well No. 3:

(Lower Arapahoe Aquifer) (Permit no. 65706-F (prior Permit no. 53882-F)); NE 1/4 of the SW 1/4 of S

14,T3S, R66W, 6th P.M., City and County of Denver, Colorado, at a point 2,040 feet from the South line

and 1,550 feet from the West line of said S 14. Average annual withdrawal of 282 acre-feet in combination

with TCMD Well Nos. 1 and 8. d. TCMD Well No. 4: (Upper Arapahoe Aquifer) (Permit no. 65707-F

(prior Permit no. 53884-F)); NE 1/4 of the SW 1/4 of S 14,T3S, R66W, 6th P.M., City and County of

Denver, Colorado, at a point 2,020 feet from the South line and 1,550 feet from the West line of said S 14.

Average annual withdrawal of 219 acre-feet in combination with TCMD Well Nos. 2 and 5. e. TCMD Well

No. 5: (Upper Arapahoe Aquifer) (Permit no. 65708-F (prior Permit no. 55266-F)); SW 1/4 of the NE 1/4

of S 14,T3S, R66W, 6th P.M., City and County of Denver, Colorado, at a point 2,250 feet from the North

line and 1,730 feet from the East line of said S 14. Average annual withdrawal of 219 acre-feet in

combination with TCMD Well Nos. 2 and 4.f.TCMD Well No. 6: (Laramie-Fox Hills Aquifer) (Permit

no.65709-F (prior Permit no. 55863-F)); SW 1/4 of the NE 1/4 of S 14, T3S, R66W, 6th P.M., City and

County of Denver, Colorado, at a point 2,210 feet from the North line and 1,770 feet from the East line of

said S 14. Average annual withdrawal of 399 acre-feet in combination with TCMD Well No. 7.g.TCMD

Well No. 7: (Laramie-Fox Hills Aquifer) (Permit no.59200-F (prior Permit no. 53883-F)); SE 1/4 of the

NE 1/4 of S15, T3S, R66W, 6th P.M., City and County of Denver, Colorado, at a point 2,530 feet from the

North line and 740 feet from the East line of said S 15. Average annual withdrawal of 399 acre-feet in

combination with TCMD Well No. 6.h.TCMD Well No. 8: (Lower Arapahoe Aquifer) (Permit no. 60703-

F); NW 1/4 of the SW 1/4 of S 15, T3S, R66W, 6th P.M., City and County of Denver, Colorado, at a point

1,400 feet from the North line and 785 feet from the West line of said S 15.Average annual withdrawal of

282acre-feet in combination with TCMD Well Nos. 1 and 3. iv. Source: Non-tributary groundwater in the

Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers. v. Amount decreed: See paragraph

4.A.iii. above for the average annual amount of withdrawal permitted for each of the TCMD Wells. vi.

Decreed uses: All municipal purposes, including domestic, agricultural, industrial, commercial, irrigation,

stock watering, recreation, fish and wildlife, and fire protection; immediate application to beneficial use,

for storage and subsequent application to beneficial use, for exchange, for replacement of depletions, and

all other augmentation purposes. B. Fully consumable irrigation return flows. i. Date of original decree:

Division 1 Water Court Case No. 04CW28 on September 8, 2009. ii. Type of water right: Irrigation return

flows. iii. Legal description: The irrigation return flows result from irrigation of the Green Valley Ranch

Golf Course and Green Valley Ranch North development, located in Ss 14, 15, 22, and 23 of T3S, R66W,

6thP.M., City and County of Denver, Colorado using the non-tributary ground water rights described in S

4.A, above, and using withdrawals from tributary ground water rights diverted under the terms of the decree

in 04CW28 from the following wells: a. Green 15 Pond Well: (alluvial groundwater) An unlined pond

located in the NE 1/4 of the SE 1/4 of S 15, T3S, R66W, 6th P.M., the center of which is located at a point

approximately 2,750feet from the North S line and 1,090 feet from the East S line of said S 15.b.Green

Valley Ranch Alluvial Well #1: (alluvial groundwater)located in the NW 1/4 of the NW 1/4 of S 15, T3S,

R66W, 6th P.M., within 200 feet of a point 1,050 feet from the West line and1,100 feet from the North line

of said S 15.c.Green Valley Ranch Alluvial Well #2: (alluvial groundwater)located in the SW 1/4 of the

NE 1/4 of S 15, T3S, R66W, 6th P.M., within 200 feet of a point 2,240 feet from the East line and 2,315

feet from the North line of said S 15.d.Green Valley Ranch Alluvial Well Field: up to four proposed wells

to be located in Ss 14, 15, 22, and 23 of T3S, R66W, 6th P.M., City and County of Denver, Colorado. iv.

Location, time, and amount: The methodology for determining the location, timing, and amount of

irrigation return flows was decreed in Case No. 04CW28. Co-Applicants estimate that on average

approximately 63 acre-feet per year of excess return flows are available for replacement use in this plan for

augmentation. 5. Change of water right: Co-Applicants do not intend to change a water right to provide a

source of augmentation. 6. Complete statement of plan for augmentation: A. Type and estimated amount

of depletions: Depletions will result from initial fill and re-fill to replace losses from pond evaporation. Co-

Applicants estimate that total depletions from these operations will be a maximum of approximately 14.47

acre-feet annually, comprised of an initial fill of 7.6 acre-feet and re-fill of up to of 6.87 acre-feet to replace

annual evaporation losses. B. Location of depletions: The depletions will deplete the tributary to First Creek

at locations described in paragraph 2.A., above. C. Timing of depletions: Depletions from the Green Valley

Ranch East Well #1, #2& #3 will be lagged to the unnamed tributary to First Creek. The Green Valley

Ranch Infiltration Gallery will be constructed in the channel of the unnamed tributary to First Creek and

will not exceed ten feet in depth, resulting in instantaneous depletions. D. Replacement of depletions: Under

the plan for augmentation, Co-Applicants will replace net out-of-priority depletions in time, location, and

amount. E. Augmentation by exchange: In connection with the augmentation plan, Co-Applicants claim the

right to replace depletions via exchange by releasing a substitute supply sourced from nontributary ground

water and return flows described in Ss 4.A and 4.B, above. The downstream terminus of the exchange reach

is the point where First Creek crosses Tower Road, which runs along the west S line of S 15, T3S, R66W,

6th P.M. The upstream terminus of the exchange reach is the location of depletions, where the unnamed

tributary crosses the west S line of S24,T3S, R66W, 6th P.M. described in S B, above. 7. Names and

addresses of owners of the land upon which any new diversion or storage structure will be constructed: City

of Aurora, Public Works Department, Real Property Services Division, 15151 E. Alameda Parkway,

Aurora, CO 80012; Clayton Properties Group II, Inc, 4908 Tower Road, Denver, CO 80249. 9 pages and 2

exhibits.

20CW3149 CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER

BOARD (“GREELEY”); c/o Jennifer Petrzelka, Water Resources Operations Manager 1001 11th

Avenue, Second Floor Greeley, Colorado 80631, (970) 350-9811, [email protected].

Attorneys: Carolyn F. Burr, James M. Noble, Jens Jenson, Welborn Sullivan Meck & Tooley, P.C., 1125

17th Street, Suite 2200, Denver, Colorado 80202 and Aaron B. Goldman, Greeley City Attorney’s Office,

1100 10th Street, Suite 401, Greeley, Colorado 80631. APPLICATION FOR REASONABLE

DILIGENCE IN LARIMER AND WELD COUNTIES. 1. Name, address, telephone number, and e-

mail of Applicant: See above. 2. General Description of the Application: By this application, Greeley seeks

a finding of reasonable diligence for a conditional exchange originally decreed in Division 1 Case No.

99CW235 (the “Subject Exchange”). The Subject Exchange provides for the use of return flows from

certain water rights changed in Case 99CW235 as a substitute supply for diversions at the headgates of the

Seven Lakes Reservoir Company, the Greeley and Loveland Irrigation Company, and the Loveland and

Greeley Reservoir Company (collectively, the “Companies”) on the Big Thompson River 3. Name of

Structures: The relevant structures are Greeley’s Wastewater Treatment and Reclamation Facility

(“WTRF”), the Lone Tree wastewater treatment plant, and the structures and facilities of the Companies,

as more particularly described in the decrees entered in Case Nos. 87CW329 and 99CW235. 4. Description

of Conditional Water Right: A. Original Decree: Case No. 99CW235, District Court, Water Division No.

1, entered on February 27, 2008 (the “99CW235 Decree”). B. Subsequent decrees awarding findings of

diligence: Case No. 14CW3023, entered on entered on October 31, 2014. C. Legal Description of Exchange

Reach: Pursuant to the decree entered in Case No. 87CW329, Greeley may divert excess municipal return

flows from water rights changed in Case No. 87CW329 released from Greeley’s WTRF and the Lone Tree

wastewater treatment plant by exchange at the headgates of the Companies. Greeley’s WTRF outfall is

located on the North bank of the Cache la Poudre River, approximately 620 feet East of the West S line and

360 feet North of the South S line of S 4, T5N, R65W, 6th P.M, Weld County, Colorado. The Lone Tree

wastewater treatment plant outfall is located on Lone Tree Creek approximately one mile upstream of the

confluence of that creek and the South Platte River in S 31, T6N, R64W, 6th P.M., Weld County, Colorado.

The Companies’ headgates are located on the Big Thompson River in Ss 15 and 17, T5N, R69W, 6th P.M.,

Larimer County, Colorado. The exchange reach is from the confluence of Lone Tree Creek and the South

Platte River, up the South Platte and Big Thompson Rivers to the Companies’ headgates on the Big

Thompson River. D. Source: Water in the Cache la Poudre, South Platte, and Big Thompson Rivers, and

the Lone Tree Creek, in the exchange reach. E. Appropriation Date: June 2, 1969. F. Amount: 30 c.f.s.

conditional. Greeley agreed by stipulation with the City of Loveland in Case No. 99CW235 to limit the

operation of the exchange decreed in that case, and the exchanges decreed in Case Nos. 87CW329 and

95CW042, to a maximum total rate of 30 c.f.s. G. Use: For all municipal purposes, with the right to use to

extinction by reuse, successive use, or disposition to extinction. 5. Integrated System: As decreed in Case

No. 14CW3023, the right of exchange decreed in Case No. 99CW235 is 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. 6. Detailed outline of what has been done

toward completion of the appropriation and application of water to a beneficial use as conditionally decreed,

including expenditures: A. During the diligence period, Greeley spent approximately $11,700,000 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. B.

During the diligence period, Greeley spent approximately $21,900,000 on maintenance and improvements

to the Greeley WTRF, including, but not limited to upgrading security infrastructure, adding a second

dewatering centrifuge, adding instrumentation, installing a SCADA system, installing a new centrate

receiving tank and septage receiving station, completing general rehabilitation, creating a long-range solids

master plan, installing a digester/sludge-grinder, designing and implementing a nitrification project,

constructing a dewatering building roof, installing a new Rotomat Septage tank, and general rehabilitation.

C. Since 2014, Greeley has paid an annual $500 assessment to use the Big Thompson Platte River Bypass.

This structure allows Greeley to meet return flow obligations with the changed water rights, including

changed water rights diverted by exchange. D. In 2020, Greeley paid a $5,400 fee to use the Lower Latham

Ditch Company’s Lower Latham Bypass Structure. This structure allows Greeley, inter alia, to meet return

flow obligations with the changed water rights, including the changed water rights diverted by exchange.

E. Over the diligence period, Greeley has paid $2,640,000 in assessments on its shares of the Companies.

Of this amount, Greeley spent approximately $374,000 in pro-rata expenditures, through the Greeley

Loveland Irrigation Company, to repair headgates, make ditch improvements, repair the Boyd Lake pump

on the Greeley-Loveland Canal, and remove sand, debris, and trees. F. The foregoing activities and structure

improvements facilitate the use of the water rights changed in Case No. 95CW235 for municipal purposes

by Greeley. This results in fully-consumable return flows being released from the Greeley WTRF and the

Lone Tree wastewater treatment plant, which may be exchanged under the subject conditional water rights.

G. Greeley Water and Sewer Department staff monitor river conditions daily and hold regular operations

meetings to determine the feasibility of running the exchange. H. Greeley has filed numerous statements of

opposition and participated as an objector in several water court cases during the diligence period to prevent

injury to this exchange and its Big Thompson River water rights. 7. Claim to make right absolute: Greeley

does not assert a claim to make any additional portion of its conditional water right absolute. 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: Greeley is not proposing new construction of or modification to any diversion or storage

structures. WHEREFORE: Greeley requests the Court enter a decree finding that Greeley has exercised

reasonable diligence toward completion of the appropriation for the remaining conditional portion of the

right of exchange decreed in Case No. 99CW235 and continuing said conditional water right for another

six-year diligence period. [4 pages].

20CW3150 (13CW3119, 06CW248, 98CW438), KRAIN RANCH LLC, c/o Leon Krain, 1750 Little

Raven Street, Apt. 705, Denver CO 80202; telephone 480-993-6024. Please direct all pleadings and

communications to Cynthia F. Covell, Andrea L. Benson and Gilbert Y. Marchand Jr., Alperstein &

Covell P.C., 1600 Broadway Suite 1070, Denver CO 80202; [email protected];

[email protected]; and [email protected]. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE, IN PARK COUNTY. Name of structure: Krain Pond No.1 and Krain

Pond No.2 Type: reservoir (ponds); Describe conditional water right: Date of Original Decree:

December 28, 2000. Case No. 98CW438 (“Original Decree”). Court: Weld County, Colorado; All

subsequent decrees awarding findings of diligence: Date of Decree: October 11, 2007 Case No.

06CW248. Court: District Court, Water Division No. 1, Weld County, Colorado; Date of Decree: October

8, 2014 Case No. 13CW3119. Court: District Court, Water Division No. 1, Weld County, Colorado;

Legal description: Krain Pond No.1: A point in Packer Gulch located in S30, T8S, R75W, 6th P.M., Park

County, Colorado, approximately 2,400 feet south of the North S Line and approximately 2,640 feet west

of the East S Line of said S 30; Krain Pond No. 2: A point on Packer Gulch located in S30, T8S, R75W,

6th P.M., Park County, Colorado, approximately 2,800 feet south of the North S Line and approximately

1,520 feet west of the East S Line of said S 30. Map is attached to filed application as Exhibit A. Source

of water: Packer Gulch, a tributary of Tarryall Creek and McCartney Ditch with a headgate on Tarryall

Creek; Appropriation Date: December 29, 1998. (By decree in Case No. 02CW240-A of the Division No.

1 Water Court dated February 22, 2008, the McCartney Ditch was changed from irrigation use within the

Bargas Ranch to irrigation and storage for recreation, stock watering, piscatorial, fire protection and fish

and wildlife purposes within the Krain Property including Krain Pond No. 1 and Krain Pond No. 2.

Pursuant to this decree, Applicant owns 59.65 acre feet of fully consumable water rights in the McCartney

Ditch. The McCartney Ditch has an appropriation date of May 20, 1885, and it was adjudicated in the

1889 general adjudication of water rights in Water District 23.); Amounts: Krain Pond No. 1: 32.7 acre-

feet, conditional; Krain Pond No. 2: 35.9 acre-feet, conditional; Decreed Use: Domestic, stock watering,

piscatorial, aesthetic, and irrigation of up to 10 acres of land, as described in the Original Decree.

Applicant has determined that it would not be practical to irrigate the area contemplated under the

Original Decree and subsequent decrees described in paragraphs 3.A. and 3.B above, and the irrigation

use included in the Original Decree and subsequent decrees is not included in this application. Detailed

outline of what has been done toward completion or for completion of the appropriation and application

of water to a beneficial use as conditionally decreed, including expenditures, during the previous

diligence period: Prior Diligence: During the last diligence period, Applicant continued site work for the

Krain Pond No. 1. The U.S. Army Corps of Engineers (“Corps”) identified potential wetlands issues that

were discussed with the Applicant. Applicant’s consultant determined that a portion of the area where the

dam wall of Krain Pond No. 1 was to be constructed would be considered a wetland. Recent Diligence:

On October 22, 2019, the Environmental Protection Agency (EPA) and the U.S. Army Corps of

Engineers (Corps) published a final rule (Repeal Rule) to repeal the 2015 Obama Administration Rule

defining “Waters of the United States” and re-codify the regulatory text that existed prior to the 2015

Rule. The Repeal Rule became effective on December 23, 2019 and is currently in effect in the state of

Colorado (as of September 2020). Following the publication of the Repeal Rule described in the above

paragraph, in November 2019, Applicant entered into a consulting contract with Wright Water Engineers

Inc. (2490 West 26th Ave., Suite 100 A, Denver, Colorado 80211). (Hereafter WWE.) The scope of

WWE’s work was designed to provide Clean Water Act S 404 evaluation and permitting services related

to proposed activities at Krain Pond No 1. Total payments to Wright Water Engineers under this contract

amounted to $965 in 2019 and $3,903 in 2020. While the consulting contract was confined to Krain Pond

mailto:[email protected]

20CW3151 THE CITY OF BLACK HAWK AND THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF CLEAR CREEK, The City of Black Hawk (“Black Hawk”) c/o Director of

Public Works, 987 Miners Mesa Road, P.O. Box 68, Black Hawk, Colorado 80422;

[email protected]; Telephone: (303) 582-1324; Board of county commissioners of the county

of Clear Creek (the “County”), c/o Lisa Leben, Special Projects Manager, P.O. Box 2000, Georgetown,

Colorado 80444; [email protected]; Telephone: (303) 679-2434. Please direct all

correspondence concerning this Application to: David L. Kueter, Esq., Kent Holsinger, Esq., Holsinger

Law, LLC, 1800 Glenarm Place, Suite 500, Denver, Colorado 80202; E-Mail: [email protected];

[email protected]; Telephone: (720) 330-8253 and Paul Zilis, Esq., Andrea A. Kehrl, Esq.,

Alison I. D. Gorsevski, Esq., and Peter C. Johnson, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite

202, Boulder, Colorado 80301; E-Mail: [email protected]; [email protected]; [email protected]; and

[email protected]; Telephone: (303) 443-6151. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE IN CLEAR CREEK COUNTY. The Applicants shall be referred to herein collectively as

“Co-Applicants.” 2. Name of Reservoir: Green Lake Reservoir II storage right, referred to herein as the

“Green Lake Storage Right.” 3. Description of Conditional Water Right: 3.1. Original Decree: The

Green Lake Storage Right was originally decreed in Case No. 94CW029, Water Court, Water Division 1,

on December 16, 1994. 3.2. Subsequent Decrees Awarding Diligence: Diligence continuing the Green

Lake Storage Right was awarded in Case No. 06CW200, Water Division 1, on December 4, 2007. Co-

Applicants acquired the Green Lake Storage Right and Green Lake structure on January 12, 2009 and filed

a Notice of Transfer of Conditional Water Right with the Water Court in Case No. 2006CW200 on October

24, 2013. Diligence continuing the Green Lake Storage Right in full force and effect was again awarded

in Case No. 13CW3170, Water Division 1, on October 1, 2014. 3.3. Legal Description: 3.3.1. Location of

Dam: The point over the intersection of the outlet pipe and the downstream face of the dam is located

whence the Northwest Corner, Section 29, Township 4 South, Range 74 West of the 6th P.M. bears North

15°30’00” West 1625 feet. 3.3.2. Legal Description for Reservoir: The location of Green Lake Reservoir

is more particularly described in Case Nos. 94CW029, 06CW200, and 13CW3170 as follows: Beginning

at the outlet whence the Northwest Corner of Section 29, Township 4 South, Range 74 West, bears North

15°30’00” West 1625 feet; thence South 21°45’00” West 160 feet; thence South 42°10’00” East 235 feet;

thence South 11°30’00” West 530 feet; thence South 30°25’00” West 150 feet; thence South 9°10’00” East

290 feet; thence South 36°15’00” West 82 feet; thence North 42°55’00” West 120 feet; thence North

21°20’00” West 180 feet; thence North 28°00’00” East 245 feet; thence North 22°40’00” West 695 feet;

thence North 4°50’00” East 525 feet; thence South 74°40’00” East 165 feet to the place of beginning. Green

Lake has been re-surveyed, and the actual location is as described in Exhibit A hereto. A map showing the

location of Green Lake is attached hereto as Exhibit B. 3.3.3. Diversion Structure: Water is diverted into

Green Lake from a pipeline that diverts from Leavenworth Creek at a point which is located 2,580 feet east

of the west section line and 80 feet south of the north section line of Section 30, Township 4 South, Range

74 West, of the 6th P.M. Due to an administrative error, previous decrees erroneously located the diversion

structure in Range 79 West; the legal description for the diversion structure was corrected in Case No.

13CW3170 to reflect the correct location in Range 74 West. The capacity of the Leavenworth Creek to

Green Lake pipeline was previously decreed in Case No. 94CW29 as 1.25 cfs. It has since been decreed to

have a capacity of 50 cfs in Case No. 09CW277. Natural inflows are also stored in Green Lake. Water is

discharged from Green Lake to South Clear Creek. 3.4. Source: Leavenworth Creek, a tributary of Clear

Creek. 3.5. Decreed Amount: 270 acre-feet, conditional. 3.6. Appropriation Date: April 1, 1994. 3.7. Uses:

Power and industrial purposes, including augmentation and replacement of evaporation on a fully

consumable basis, including the right of reuse and successive use to the point of extinction. 3.7.1. The

specific type of use referenced in the Decree in Case No. 94CW029 to utilize releases to provide return

flows required in Public Service Company’s Fisher Ditch change case, (Case No. 91CW005) was cancelled

in Case No. 13CW3170. However, Co-Applicants retained the right to use the water stored in Green Lake

Reservoir for power and industrial purposes, including augmentation and replacement of evaporation on a

fully consumptive basis, including the right of reuse and successive use to the point of extinction, as

originally decreed. 4. Absolute Claim: N/A - Co-Applicants do not seek to make any portion of the Green

Lake Storage Right absolute in this Application. 5. Diligence Claim: Co-Applicants intend to pursue the

full decreed diversion and beneficial use of the Green Lake Storage Right. Co-Applicants seek a

determination from the Court pursuant to § 37-92-301(4), C.R.S., that they have been reasonably diligent

in the development of the Green Lake Storage Right. 6. Detailed outline of what has been done towards

completion of the appropriation and application of water to a beneficial use as conditionally decreed,

including expenditures, during the previous diligence period: Pursuant to paragraph 13 of the decree

in Case No. 13CW3170, the Green Lake Storage Right is part of the integrated systems of water rights and

structures for each of the Co-Applicants, and pursuant to C.R.S. § 37-92-301(4)(b), work on one or more

of the separate components constitutes diligence for all. 6.1. County Diligence activities: 6.1.1. For

purposes of C.R.S. § 37-92-301(4)(b), the Green Lake Storage Right is part of an integrated system of water

rights and structures operated by the County for use of water within Clear Creek County, which system

includes reservoirs, exchanges, the plan for augmentation decreed in Case No. 05CW302, Water Division

1 (“05CW302 Augmentation Plan”), and numerous decreed water rights. 6.1.2. Throughout the diligence

period, the County has operated, managed, administered, and maintained accounting for the 05CW302

Augmentation Plan, both for its own purposes and for plan participants who are included in the 05CW302

Augmentation Plan. 6.1.3. During the diligence period, the County included five new plan participants into

the 05CW302 Augmentation Plan. As the number of plan participants increases, the County’s augmentation

needs will increase, as will the County’s need to store replacement water. The County incurred legal and

engineering costs and invested staff time and resources to develop, review, and negotiate water lease

agreements and inclusion applications required under the 05CW302 Decree. 6.1.4. The County has

participated in numerous regional and statewide water planning efforts. The County retained voting

membership and participated fully in the South Platte Basin Roundtable discussions. Certain of the

County’s reservoirs were identified in the Colorado Water Plan’s Basin Implementation Plan for purposes

of funding studies and construction of certain facilities through the Identified Projects and Processes (IPPs).

6.1.5. The County engaged in water planning efforts during the diligence period, resulting in a Strategic

Water Plan. That plan emphasizes the importance of the 05CW302 Augmentation Plan and the County’s

Leavenworth Exchange, which was also decreed in Case No. 05CW302 and allows for storage of water in

Green Lake by exchange. 6.1.6. Throughout the diligence period, the County monitored and participated in

water quality matters on Clear Creek, particularly as they relate to the development and operation of the

County’s integrated system. 6.1.7. The County has maintained its water rights portfolio during the diligence

period, and has applied for and been granted findings of reasonable diligence for water rights and, in certain

cases, made absolute water rights in the following reservoirs: Clear Creek Reservoirs No. 2, 3, and 4 (Case

No. 16CW3056, entered November 7, 2016); Upper Johnson Gulch Reservoir (Case No. 17CW3007,

entered September 14, 2017); Grizzly Gulch Reservoir (Case No. 17CW3115, entered March 1, 2018);

Green Lake (Case No. 18CW3184, entered June 25, 2019); Leavenworth Reservoirs Nos. 1 and 2 and

Bakerville Reservoirs Nos. 1 and 2 (Case No. 19CW3095, entered November 19, 2019); and the Clear

Creek Mainstem Exchange and the Leavenworth Exchange (Case No. 20CW3082, pending). 6.1.8. The

County has continued to install, maintain, and upgrade facilities, including but not limited to Green Lake

and related facilities. 6.1.9. The County opposed approximately 15 Water Court applications to protect its

water rights during the diligence period. 6.1.10. The County expended in excess of $556,000.00 for the

activities described above during the diligence period. 6.1.11. The County has a continuing need for its

interest in the full decreed storage volume of Green Lake and the Green Lake Storage Right, maintains the

intent to develop the Green Lake Storage Right, and can and will divert, store, and place to beneficial use

water diverted pursuant to the Green Lake Storage Right. The County’s claim for findings of reasonable

diligence and continuation of the Green Lake Storage Right is not speculative. 6.2. Black Hawk diligence

activities: 6.2.1. From 2014 to the filing of this application, Black Hawk has spent in excess of $24,178,000

on its integrated water system of which the Green Lake Storage Right is a part: 6.2.1.1. For the year ending

December 31, 2014, Black Hawk expended $6,560,453 on its water system including $3,826,497 on capital

projects. Projects included construction of the Georgetown Lake outlet, continuation of the Green Lake

pipeline replacement, and construction of the Dory Hill Water Treatment Plant. 6.2.1.2. For the year ending

December 31, 2015, Black Hawk expended $5,276,333 on its water system including $2,594,343 on capital

projects. Projects included the design and construction of the Highway 119 waterline loop, continuation of

the Green Lake pipeline replacement, and completion of the Dory Hill Water Treatment Plant. 6.2.1.3. For

the year ending December 31, 2016, Black Hawk expended $2,768,008 on its water system including

$464,615 on capital projects. Projects included installation of a fire suppression system at the Dory Hill

Water Treatment Plant, sand blasting and painting the 350,000-gallon steel water tank, continued work on

the Georgetown Lake outlet, and completion of the Green Lake pipeline replacement. 6.2.1.4. For the year

ending December 31, 2017, Black Hawk expended $2,059,524 on its water system including $456,689 on

capital projects. Projects included design of the Church Ditch Augmentation Station replacement, sand

blasting and painting the exterior of the Dory Hill water tank, installation of new Gregory Street pipeline

and pressure reducing valve vault, installation of fiber optics within the distribution system, installation of

new chlorine dioxide system at the Hidden Valley Treatment Plant, completion of the Georgetown Lake

outlet, preliminary design and survey for a new headgate for the Green Lake inflow pipeline, and

preliminary design of power generators for the Hidden Valley Treatment Plant and Pump Stations. 6.2.1.5.

For fiscal year 2018, the City of Black Hawk expended $2,934,151 on its water system including $741,990

on capital projects. Projects included construction of the Church Ditch Augmentation Station, painting the

exterior of the Dory Hill water tank, sand blasting and painting PRV vaults in the distribution system,

sealing Green Lake with sodium bentonite, design and construction to dredge Georgetown Lake, pre-design

for a new head-gate for the Leavenworth diversion for Green Lake, and final design of power generators

for the Hidden Valley Treatment Plant & Pump Stations. 6.2.1.6. For fiscal year 2019, the City of Black

Hawk expended $2,603,209 on its water system including $619,808 on capital projects. Projects included

construction of the Hidden Valley Stand-by Generators back-up electrical system, design for a new head-

gate for the Leavenworth diversion for Green Lake, rebuilding the Hidden Valley pipeline pumps, design

and construction of the Green Lake seepage flume. 6.2.1.7. For fiscal year 2020 up to September 16th, the

City of Black Hawk expended $1,229,552 on its water system including $88,773 on capital projects.

Projects included improvements to the Church Ditch Augmentation Station, purchasing the headgate

structure for the Leavenworth diversion for Green Lake. 6.2.2. The amount in paragraph 6.2.1 includes

more than $2,181,184 for engineering and $182,264 for legal fees and costs during the diligence period.

6.2.3. On December 5, 2016, Black Hawk obtained a decree in Case No. 2012CW303, Water Division No.

1, which included an augmentation plan to replace depletions from the structures identified in paragraph 3,

above. 6.2.4. On December 30, 2018, Black Hawk obtained a decree in Case No. 2017CW3204, Water

Division No. 1, which found diligence and made a portion absolute of Black Hawk’s exchanges originally

decreed in Case No. 2009CW276, to the points of diversion and storage set forth in paragraph 3, above.

6.2.5. During the diligence period, Black Hawk has participated as an objector in numerous Water Court

proceedings in order to protect its water rights, including the Green Lake Storage Right. 6.3. Co-Applicants

have made uses of water stored in and released from Green Lake, albeit associated with distinct water rights

from the Green Lake Storage Right. 7. Name(s) and address(es) of owner(s) or reputed owner(s) of the

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

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

modification to the existing storage pool: 7.1. Green Lake is located on property owned by the Co-

Applicants. 7.2. The pipeline from Leavenworth Creek to Green Lake is located on property owned by the

U.S. Forest Service, with an address of 1617 Cole Blvd., Lakewood, Colorado 80401. 8. Remarks: In

Case No. 13CW3170, the Court found that the Green Lake Storage Right was part of Co-Applicants’

integrated water systems with additional water rights and facilities currently owned by them, as follows:

8.1. Black Hawk Integrated System Water Rights: Those water rights decreed in Cases Nos. 92CW58,

92CW59, 93CW55, 94CW36, 96CW463, 2007CW327, 2009CW276, 2009CW277, 2010CW308,

2010CW309, 2012CW286, and 2012CW303, and related facilities. 8.2. Clear Creek County Integrated

System Water Rights: Those water rights decreed in Case Nos. 00CW265, 01CW290, 02CW309,

02CW310, 05CW302, 05CW303, 05CW304 and 09CW277, and related facilities. WHEREFORE, Co-

Applicants request the Court to enter a decree granting the claims set forth in herein; to wit, finding that the

Co-Applicants have exercised reasonable diligence and granting findings of reasonable diligence for all

conditional portions of the Green Lake Storage Right, up to the full decreed amount, and continuing the

conditional Green Lake Storage Right, in its entirety, for another six years or until made absolute by the

completion of the appropriation. (12 pgs., 2 Exhibits)

2020CW3152 (2012CW286), CITY OF BLACK HAWK, c/o Director of Public Works, 987 Miners

Mesa Road, P.O. Box 68, Black Hawk, Colorado 80422, Telephone: (303) 582-1324,

[email protected]. Please send all correspondence to: David L. Kueter, Kent Holsinger,

Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver, Colorado 80202, Telephone: (303) 722-

2828, [email protected], [email protected]. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE IN CLEAR CREEK COUNTY. 2. NAME OF CONDITIONAL

WATER RIGHT: Hidden Valley Diversion Point No. 3 (Infiltration Gallery). 3. DATE OF ORIGINAL

DECREE: October 7, 2014, Case No. 2012CW286, Water Division No. 1, State of Colorado. 4.

DESCRIPTION OF ABSOLUTE AND CONDITIONAL DIRECT FLOW WATER RIGHT. 4.a. Name of

Structure: Hidden Valley Diversion Point No. 3 (Infiltration Gallery). 4.a(1) Permit, registration, or denial

number(s): Permit No. 76166-F. 4.a.(2) Legal Description of Diversion Point: Hidden Valley Diversion

Point No. 3 (Infiltration Gallery) is located under Clear Creek in the SW quarter of the SE quarter of the

NE quarter of Section 32, Township 3 South, Range 72 West of the 6th P.M., at a point 2,313 feet south of

the North section line and 1,229 feet west of the East section line of said Section 32. A map showing the

location of the point of diversion is attached hereto as Exhibit A, hereby incorporated. 4.a.(3) Source of

Water: Groundwater and surface water tributary to Clear Creek, a tributary to the South Platte River. 4.a.(4)

Date of Appropriation: January 23, 2012. 4.a.(5) Amount decreed: 0.890 c.f.s. (400 g.p.m.), absolute, and

2.110 c.f.s. (947 g.p.m.), conditional. 4.a.(6) Use: The water diverted under the water right described herein

has been and will be used for all municipal purposes, including domestic uses, irrigation of parks, lawns

and grounds, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, sewage

treatment, street sprinkling, maintenance and preservation of wildlife and aesthetic values, replacement of

lake and reservoir evaporation, augmentation, and replacement, adjustment and regulation of Black Hawk's

water supply system, including exchange within Black Hawk's system and with other water users, and

storage, including storage for all of the aforementioned uses following storage. The City of Black Hawk

has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise to extinction all

water lawfully diverted and/or impounded pursuant to the decree Case No. 2012CW286. 4.a.(7) Place of

use: The place of use for the water right described herein shall be any place served in the present or in the

future by the City of Black Hawk. 5. PROVIDE A DETAILED OUTLINE OF WHAT HAS BEEN DONE

TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATION AND APPLICATION

OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING

EXPENDITURES: Pursuant to paragraph 16 of the decree in Case No. 2012CW286, Black Hawk’s potable

water system and raw water system and each of the water rights and structures decreed in Case No.

2012CW286 that now and in the future will provide water for the Applicant were determined to be

integrated systems of water rights and structures, and pursuant to C.R.S. § 37-92-301(4)(b) work on one or

more of the separate components constitutes diligence for all. 5.a. From 2014 to the filing of this application,

Black Hawk has spent in excess of $24,178,000 on its integrated water system of which the subject water

rights are a part: 5.a.(1) For the year ending December 31, 2014, Black Hawk expended $6,560,453 on its

water system including $3,826,497 on capital projects. Projects included construction of the Georgetown

Lake outlet, continuation of the Green Lake pipeline replacement, and construction of the Dory Hill Water

Treatment Plant. 5.a.(2) For the year ending December 31, 2015, Black Hawk expended $5,276,333 on its

water system including $2,594,343 on capital projects. Projects included the design and construction of the

Highway 119 waterline loop, continuation of the Green Lake pipeline replacement, and completion of the

Dory Hill Water Treatment Plant. 5.a.(3) For the year ending December 31, 2016, Black Hawk expended

$2,768,008 on its water system including $464,615 on capital projects. Projects included installation of a

fire suppression system at the Dory Hill Water Treatment Plant, sand blasting and painting the 350,000-

gallon steel water tank, continued work on the Georgetown Lake outlet, and completion of the Green Lake

pipeline replacement. 5.a.(4) For the year ending December 31, 2017, Black Hawk expended $2,059,524

on its water system including $456,689 on capital projects. Projects included design of the Church Ditch

Augmentation Station replacement, sand blasting and painting the exterior of the Dory Hill water tank,

installation of new Gregory Street pipeline and pressure reducing valve vault, installation of fiber optics

within the distribution system, installation of new chlorine dioxide system at the Hidden Valley Treatment

Plant, completion of the Georgetown Lake outlet, preliminary design and survey for a new headgate for the

Green Lake inflow pipeline, and preliminary design of power generators for the Hidden Valley Treatment

Plant and Pump Stations. 5.a.(5) For fiscal year 2018, the City of Black Hawk expended $2,934,151 on its

water system including $741,990 on capital projects. Projects included construction of the Church Ditch

Augmentation Station, painting the exterior of the Dory Hill water tank, sand blasting and painting PRV

vaults in the distribution system, sealing Green Lake with sodium bentonite, design and construction to

dredge Georgetown Lake, pre-design for a new head-gate for the Leavenworth diversion for Green Lake,

and final design of power generators for the Hidden Valley Treatment Plant & Pump Stations. 5.a.(6) For

fiscal year 2019, the City of Black Hawk expended $2,603,209 on its water system including $619,808 on

capital projects. Projects included construction of the Hidden Valley Stand-by Generators back-up electrical

system, design for a new head-gate for the Leavenworth diversion for Green Lake, rebuilding the Hidden

Valley pipeline pumps, design and construction of the Green Lake seepage flume. 5.a.(7) For fiscal year

2020 up to September 16th, the City of Black Hawk expended $1,229,552 on its water system including

$88,773 on capital projects. Projects included improvements to the Church Ditch Augmentation Station,

purchasing the headgate structure for the Leavenworth diversion for Green Lake. 5.b. The amount in

paragraph 5.a includes more than $2,181,184 for engineering and $182,264 for legal fees and costs during

the diligence period. 5.c. On December 5, 2016, Black Hawk obtained a decree in Case No. 2012CW303,

Water Division No. 1, which included an augmentation plan to replace depletions from diversions at the

point identified in paragraph 4.a, above. 5.d On March 4, 2019, Black Hawk obtained a decree in Case No.

2018CW3131, Water Division No. 1, which found diligence for the Hidden Valley Groundwater Diversion

Point and the Hidden Valley Surface Water Diversion Point, originally decreed in Case No. 96CW463,

each of which may be diverted at the Hidden Valley Diversion Point No 3 as an alternate point of diversion.

5.e. During the diligence period, Black Hawk has participated as an objector in numerous Water Court

proceedings in order to protect its water rights, including the subject water rights. 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 IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR

WILL BE STORED: Applicant. WHEREFORE, Applicant requests that diligence be found for the 2.110

c.f.s. (947 g.p.m.) conditionally decreed to the Hidden Valley Diversion Point No. 3 (Infiltration Gallery),

and that said rights be continued as conditional in full force and effect until the due date of the next diligence

filing herein. Number of pages of Application: 7, including 1 page of exhibits.

20CW 3153 SEDGWICK COUNTY WELL USERS, INC., 2859 County Road 26, Sedgwick, CO

80749. (970) 463-5739. David P. Jones, Lawrence Custer Grasmick Jones & Donovan LLP 5245 Ronald

Reagan Blvd., Suite 1, Johnstown, CO 80534; email: [email protected]; APPLICATION FOR

FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN

PART 2 IN SEDGWICK COUNTY. Previous Decrees: Case No. 03CW209, Water Division No. 1,

entered November 8, 2005; Case No. 11CW245, Water Division No. 1, entered October 10, 2014. 3.

Information from previous decree: 3.1. Name of Structure: Cottonwood Creek Recharge Project 3.1.1.

Point of Diversion: Pump Station in the NW1/4 NW1/4 S 21, T 11 N, R47 W of the 6th P.M., Sedgwick

County, Colorado. 3.1.2. Source of Water: Cottonwood Creek, a tributary of the South Platte River. 3.1.3.

Date of Appropriation: November 13, 2002. 3.1.4. Amount: 2.0 cfs absolute, and 2.5 cfs, conditional. 3.1.5.

Use: Augmentation, directly and by exchange, of water rights used for irrigation, municipal, piscatorial,

recreation, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery.

Fender Recharge Project. 3.2. Fender Recharge Project 3.2.1. Points of Diversion: 3.2.1.1. Recharge Well

No. 6 3.2.1.1.1. Location: In the SW1/4, SE1/4 of S 11, T 11 N, R46 W of the 6th P.M., Sedgwick County,

mailto:[email protected]

Colorado. 3.2.1.1.2. Date of Appropriation: April 30, 2003 3.2.1.1.3. Amount: 7.8 cfs, conditional 3.2.1.2.

Recharge Well No. 7 3.2.1.2.1. Location: In the SW1/4, SE1/4 of S 11, T 11 N, R46 W of the 6th P.M.,

Sedgwick County, Colorado. 3.2.1.2.2. Date of Appropriation: April 30, 2003 3.2.1.2.3. Amount: 7.8 cfs,

conditional. 3.2.2. Source of Water: Ground water tributary to the South Platte River and its tributaries.

3.2.3. Use: Augmentation, directly and by exchange, of water rights used for irrigation, municipal,

piscatorial, recreation, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife

recovery. 3.3. Glenn Toyne/Platteview Ranch Recharge Project. 3.3.1. Points of Diversion: 3.3.1.1.

Recharge Well No. 1, Permit No. 59193-F: 3.3.1.1.1. Location: In the SE1/4 NW1/4 of S 23, T 11 N, R47

W of the 6th P.M., Sedgwick County, Colorado, 2730 feet from the South S line and 2530 feet from the

West S line. 3.3.1.1.2. Date of Appropriation: March 3, 2003. 3.3.1.1.3. Amount: 3.12 cfs, absolute; 4.67

cfs, conditional. 3.3.1.2. Recharge Well No. 2: 3.3.1.2.1. Location: In the SW1/4, NE1/4 of S 23, T 11 N,

R47 W of the 6th P.M., Sedgwick County, Colorado. 3.3.1.2.2. Date of Appropriation: March 3, 2003.

3.3.1.2.3. Amount: 7.79 cfs, conditional. 3.3.2. Source. Ground water tributary to the South Platte River

and its tributaries. 3.3.3. Use: Augmentation, directly and by exchange, of water rights used for irrigation,

municipal, piscatorial, recreation, commercial, livestock, fire protection, recharge, replacement, wildlife

and wildlife recovery. 3.4. Sedgwick - JID Recharge Project. 3.4.1. Points of Diversion: 3.4.1.1. Petersen

Ditch: In the NE1/4 NW1/4 of S 24, T 11 N, R47 W of the 6th P.M., Sedgwick County, Colorado.

Additional source: Wastewater and seepage entering the Petersen Ditch along its course. 3.4.1.2. Settlers

Ditch: In the NW1/4 of S 17, T 11 N, R47 W of the 6th P.M., Sedgwick County, Colorado. Additional

source: Wastewater and seepage accumulating in the Highline Canal, Highline Cutoff Canal to the concrete

chute cutoff to Cottonwood Creek, Cottonwood Creek, and Settlers Ditch. Applicant makes no claim to

deliver recharge water through the Highline cutoff Canal downstream of the concrete chute cutoff to

Cottonwood Creek in the non-irrigation season. 3.4.1.3. Highline Canal: In the NW1/4 of S 17, T 11 N,

R47 West, 6th PM, Sedgwick County, Colorado. Additional source: Wastewater and seepage entering the

Highline Canal along its course. 3.4.2. Source. The South Platte River and its tributaries, along with seepage

and wastewater described above for each point of diversion.3.4.3. Date of appropriation. April 30, 2003.

3.4.4. Amounts: Petersen Ditch: 29.39 cfs, absolute, 80.61 cfs, conditional. Settlers Ditch: 4.7 cfs, absolute,

35.3 cfs, conditional. Highline Canal: 60 cfs, conditional. 3.4.5. Use. Augmentation, directly and by

exchange, of water rights used for irrigation, municipal, piscatorial, recreation, commercial, livestock, fire

protection, recharge, replacement, wildlife and wildlife recovery. 3.5. South Reservation Ditch Recharge

Project. 3.5.1. Points of Diversion. .5.1.1. Recharge Well No. 8:3.5.1.1.1. Location: In the SW1/4 NW1/4

of S 9, T 11 N, R45 W of the 6th P.M., Sedgwick County, Colorado, 1358 feet from the North S line and

1042 feet from the West S line. 3.5.1.1.2. Date of Appropriation: April 30, 2003. 3.5.1.1.3. Amount: 5.6

cfs, conditional. 3.5.1.2. South Reservation Ditch headgate: 3.5.1.2.1. Location: In the SW1/4 SE1/4 of S

11, T 11 N, R46 W of the 6th P.M., Sedgwick County, Colorado. 3.5.1.2.2. Date of Appropriation: April

26, 2003. 3.5.1.2.3. Amount: 20 cfs, absolute; 5 cfs, conditional. 3.5.2. Source of Water: For the South

Reservation Ditch, the South Platte River and its tributaries; for Recharge Well No. 8, ground water

tributary to the South Platte River and its tributaries. 3.5.3. Use: Augmentation, directly and by exchange,

of water rights used for irrigation, municipal, piscatorial, recreation, commercial, livestock, fire protection,

recharge, replacement, wildlife and wildlife recovery. 3.6. South Sedgwick Recharge Project. 3.6.1. Points

of Diversion. 3.6.1.1. Recharge Well No. 3: 3.6.1.1.1. Location: In NW1/4 NW1/4 of S 20, T 11 N, R46 W

of the 6th P.M., Sedgwick County, Colorado. 3.6.1.1.2. Date of Appropriation: April 30, 2003. 3.6.1.1.3.

Amount: 7.8 cfs, conditional. 3.6.1.2. Recharge Well No. 4: 3.6.1.2.1. Location: In NW1/4 NW1/4 of S 20,

T 11 N, R46 W of the 6th P.M., Sedgwick County, Colorado, 950 feet from the North S line and 55 feet

from the West S line. 3.6.1.2.2. Date of Appropriation: April 30, 2003. 3.6.1.2.3. Amount: 2.9 cfs, absolute.

3.6.1.3. Recharge Well No. 5: 3.6.1.3.1. Location: In the SE1/4 SE1/4 of S 28, T 11 N, R47 W of the 6th

P.M., Sedgwick County, Colorado. 3.6.1.3.2. Date of Appropriation: April 30, 2003. 3.6.1.3.3. Amount:

7.8 cfs, conditional. 3.6.2. Source of Water: Ground water tributary to the South Platte River and its

tributaries. 3.6.3. Use: Augmentation, directly and by exchange, of water rights used for irrigation,

municipal, piscatorial, recreation, commercial, livestock, fire protection, recharge, replacement, wildlife

and wildlife recovery. 3.7. Augmentation Well No. 1, Permit No. 56203-F. 3.7.1. Location: In the NW1/4

SE1/4 of S 29, T 12 N, R45 W of the 6th P.M., Sedgwick County, Colorado, 2570 feet from the South S

line and 2600 feet from the East S line. 3.7.2. Date of Appropriation: July 24, 2001 3.7.3. Amount: 2.5 cfs,

absolute; 3.07 cfs, conditional. 3.7.4. Source of Water: Ground water tributary to the South Platte River.

3.7.5. Use: Augmentation of water rights used for irrigation, municipal, commercial, livestock, fire

protection, recharge and replacement. 3.8. Augmentation Well No. 2, Permit No. 56204-F. 3.8.1. Location:

In the NW1/4 SE1/4 of S 20, T 12 N, R45 W of the 6th P.M., Sedgwick County, Colorado, 1850 feet from

the South S line and 1975 feet from the East S line. 3.8.2. Date of Appropriation: July 24, 2001. 3.8.3.

Amount: 2.50 cfs, absolute; 3.07 cfs, conditional. 3.8.4. Source of Water: Ground water tributary to the

South Platte River. 3.8.5. Use: Augmentation of water rights used for irrigation, municipal, commercial,

livestock, fire protection, recharge and replacement. 3.9. Augmentation Well No. 3, Permit No. 57806-F.

3.9.1. Location: In the SW1/4 NE1/4 of S 34, T 12 N, R45 W of the 6th P.M., Sedgwick County, Colorado,

3300 feet from the South S line and 2350 feet from the East S line. 3.9.2. Date of Appropriation: July 10,

2002. 3.9.3. Amount: 2.12 cfs, absolute; 1.23 cfs, conditional. 3.9.4. Source of Water: Ground water

tributary to the South Platte River. 3.9.5. Use: Augmentation of water rights used for irrigation, municipal,

commercial, livestock, fire protection, recharge and replacement. 3.10. Augmentation Well No. 4, Permit

No. 57807-F. 3.10.1. Location: In the SE1/4 NW1/4 of S 29, T 12 N, R44 W of the 6th P.M., Sedgwick

County, Colorado, 2560 feet from the North S line and 1340 feet from the West S line. 3.10.2. Date of

Appropriation: July 10, 2002. 3.10.3. Amount: 2.23 cfs, absolute; 1.11 cfs, conditional. 3.10.4. Source of

Water: Ground water tributary to the South Platte River. 3.10.5. Use: Augmentation of water rights used

for irrigation, municipal, commercial, livestock, fire protection, recharge and replacement. 3.11.

Augmentation Well No. 5, Permit No. 57792-F. 3.11.1. Location: In the NW1/4 NW1/4 of S 29, T 12 N,

R45 W of the 6th P.M., Sedgwick County, Colorado, 540 feet from the North S line and 850 feet from the

West S line. 3.11.2. Date of Appropriation: July 5, 2002. 3.11.3. Amount: 1.07 cfs, absolute; 2.27 cfs,

conditional. 3.11.4. Source of Water: Ground water tributary to the South Platte River. 3.11.5. Use:

Augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge

and replacement. 3.12. Augmentation Well No. 6, Permit No. 57793-F. 3.12.1. Location: In the NW1/4

SW1/4 of S 33, T 12 N, R45 W of the 6th P.M., Sedgwick County, Colorado, 2610 feet from the South S

line and 1300 feet from the West S line. 3.12.2. Date of Appropriation: July 5, 2002. 3.12.3. Amount: 2.23

cfs, absolute; 1.11 cfs, conditional. 3.12.4. Source of Water: Ground water tributary to the South Platte

River. 3.12.5. Use: Augmentation of water rights used for irrigation, municipal, commercial, livestock, fire

protection, recharge and replacement. 3.13. Augmentation Well No. 7, Permit No. 57808-F. 3.13.1.

Location: In the NE1/4 NE1/4 of S 2, T 11 N, R46 W of the 6th P.M., Sedgwick County, Colorado, 50 feet

from the North S line and 390 feet from the East S line. 3.13.2. Date of Appropriation: July 10, 2002. 3.13.3.

Amount: 1.56 cfs, absolute; 1.78 cfs, conditional. 3.13.4. Source of Water: Ground water tributary to the


livestock, fire protection, recharge and replacement. 3.14. Augmentation Well No. 8, Permit No. 57809-F.

3.14.1. Location: In the SE1/4 NW1/4 of S 32, T 12 N, R45 W of the 6th P.M., Sedgwick County, Colorado,

1480 feet from the North S line and 2610 feet from the West S line. 3.14.2. Date of Appropriation: July 10,

2002. 3.14.3. Amount: 1.85 cfs, absolute; 1.49 cfs, conditional. 3.14.4. Source of Water: Ground water

tributary to the South Platte River. 3.14.5. Use: Augmentation of water rights used for irrigation, municipal,

commercial, livestock, fire protection, recharge and replacement. 3.15. Augmentation Well No. 9, Permit

No. 57794-F. 3.15.1. Location: In the NW1/4 NW1/4 of S 1, T 11 N, R46 W of the 6th P.M., Sedgwick

County, Colorado, 50 feet from the North S line and 270 feet from the West S line. 3.15.2. Date of

Appropriation: July 5, 2002. 3.15.3. Amount: 2.34 cfs, absolute; 1.00 cfs, conditional. 3.15.4. Source of

Water: Ground water tributary to the South Platte River.3.15.5. Use: Augmentation of water rights used

for irrigation, municipal, commercial, livestock, fire protection, recharge and replacement. 3.16.

Augmentation Well No. 10, Permit No. 57795-F. 3.16.1. Location: In the NE1/4 SE1/4 of S 33, T 12 N,

R45 W of the 6th P.M., Sedgwick County, Colorado, 2630 feet from the South S line and 180 feet from the

East S line. 3.16.2. Date of Appropriation: July 5, 2002. 3.16.3. Amount: 2.01 cfs, absolute; 1.34 cfs,



and replacement. 3.17. Augmentation Well No. 11, Permit No. 57796-F. 3.17.1. Location: In the SW1/4

SE1/4 of S 32, T 12 N, R45 W of the 6th P.M., Sedgwick County, Colorado, 1300 feet from the South S

line and 2600 feet from the East S line. 3.17.2. Date of Appropriation: July 5, 2002. 3.17.3. Amount: 2.0

cfs, absolute; 1.34 cfs, conditional. 3.17.4. Source of Water: Ground water tributary to the South Platte


protection, recharge and replacement. 3.18. Augmentation Well No. 12, Permit No. 57810-F. 3.18.1.

Location: In the NE1/4 NE1/4 of S 6, T 11 N, R45 W of the 6th P.M., Sedgwick County, Colorado, 50 feet

from the North S line and 940 feet from the East S line. 3.18.2. Date of Appropriation: July 10, 2002. 3.18.3.

Amount: 2.0 cfs absolute; 1.34 cfs, conditional. 3.18.4. Source of Water: Ground water tributary to the


livestock, fire protection, recharge and replacement. 3.19. Augmentation Well No. 13, Permit No. 57797-

F. 3.19.1. Location: In the SW1/4 SW1/4 of S 28, T 12 N, R45 W of the 6th P.M., Sedgwick County,

Colorado, 1300 feet from the South S line and 70 feet from the West S line. 3.19.2. Date of Appropriation:

July 5, 2002. 3.19.3. Amount: 2.0 cfs, absolute; 1.35 cfs, conditional. 3.19.4. Source of Water: Ground

water tributary to the South Platte River. 3.19.5. Use: Augmentation of water rights used for irrigation,

municipal, commercial, livestock, fire protection, recharge and replacement. 3.20. Augmentation Well No.

14, Permit No. 57811-F. 3.20.1. Location: In the SE1/4 SW1/4 of S 33, T 12 N, R45 W of the 6th P.M.,

Sedgwick County, Colorado, 1300 feet from the South S line and 2600 feet from the West S line. 3.20.2.

Date of Appropriation: July 10, 2002. 3.20.3. Amount: 2.01 cfs, absolute; 1.34 cfs, conditional. 3.20.4.

Source of Water: Ground water tributary to the South Platte River. 3.20.5. Use: Augmentation of water

rights used for irrigation, municipal, commercial, livestock, fire protection, recharge and replacement. 3.21.

Augmentation Well No. 15, Permit No. 56046-F. 3.21.1. Location: In the NE1/4 SE1/4 of S 20, T 12 N,

R44 W of the 6th P.M., Sedgwick County, Colorado, 1450 feet from the South S line and 450 feet from the

East S line. 3.21.2. Date of Appropriation: July 12, 2001. 3.21.3. Amount: 8.24 cfs, absolute; 2.90 cfs,



and replacement. 3.22. Augmentation Well No. 16, Permit No. 59358-F. 3.22.1. Location: In the SE1/4

SW1/4 of S 26, T 11 N, R47 W of the 6th P.M., Sedgwick County, Colorado, 250 feet from the South S

line and 2550 feet from the West S line. 3.22.2. Date of Appropriation: March 31, 2003. 3.22.3. Amount:

3.56 cfs, absolute; 0.90 cfs, conditional. 3.22.4. Source of Water: Ground water tributary to the South Platte


protection, recharge and replacement. 3.23. Appropriative Right of Exchange. 3.23.1. Points of Diversion:

The points of diversion are the headgates of the Petersen Ditch described in 3.4.1.1 above, the South

Reservation Ditch described in 3.5.1.2 above, and the Recharge Wells described in 3.2, 3.3, 3.5, and 3.6,

above. 3.23.2. Legal Description of the Reach of the South Platte River Within the Substitution and

Exchange: The recharge water will be delivered within a reach of the South Platte River, consisting of an

upstream point at Recharge Well No. 5, in the SE1/4 SE1/4 of S 28, T 11 N, R47 W, 6th P.M., Sedgwick

County, Colorado, and a downstream point at the Colorado/Nebraska state line..3.23.3. Date of

appropriation: April 30, 2003.3.23.4. Amount: 30 c.f.s., conditional.3.23.5. Use: Augmentation of water

rights used for irrigation, municipal, commercial, livestock, fire protection recharge, and replacement.4.

Volume Limits. The decree entered in Case No. 11CW245 limits total diversion of the recharge rights

decreed in Case No. 03CW209 to a running 20 year average annual volumetric limit of 13,700 acre feet. 5.

Detailed outline of what has been done toward completion or for completion of the appropriation and

application of water to beneficial use, including expenditures: During the diligence period, Applicant

operated and administered its plan for augmentation. Applicant diverted water for recharge and

augmentation uses at several structures when in priority and placed the water to beneficial use in its plan

for augmentation. Diversions of water rights for which Applicant seeks to make absolute are described

below. Applicant has entered into lease agreements for use of temporary replacement sources in its plan.

Applicant has made electric utility payments to operate its augmentation and recharge wells. Applicant has

tested its well meters and installed new meters on some wells. Applicant has retained counsel and

engineering consultants to assist with operation of its plan. Applicant has filed statements of opposition

and participated as an opposer in water court to protect its absolute and conditional water rights. Applicant

has worked with other land owners and water users to develop additional recharge ponds and obtained State

approval to use them, or is in the process thereof. Legal, engineering, lease supplies and other expenses

related to diligence activities exceeded $1.2 million during the diligence period. 6. Water rights diverted

and placed to beneficial use and to be made absolute: 6.1. Sedgwick - JID Recharge Project 6.1.1. Dates

water diverted and applied to beneficial use: November 1, 2014 (Highline Canal). 6.1.2. Amounts: 6.04

cfs, absolute; the balance of 53.96 cfs remains conditional. 6.1.3. Use: Augmentation, directly and by

exchange, of water rights used for irrigation, municipal, piscatorial, recreation, commercial, livestock, fire

protection, recharge, replacement, wildlife and wildlife recovery. 6.2. Augmentation Well No. 2, Permit

No. 56204-F. 6.2.1. Date water diverted and applied to beneficial use: July 1, 2017. 6.2.2. Amount: 3.11

cfs. Absolute. The remaining 2.46 cfs is conditional. 6.2.3. Source of Water: Ground water tributary to the


livestock, fire protection, recharge and replacement. 7. Claim to Make Water Rights Absolute and for a

Finding of Reasonable Diligence: Applicant seeks a decree making the water rights absolute as described

above and a finding by the Court that it has been reasonably diligent in the development of its conditional

water rights under the circumstances, and to maintain the conditional portion of its water rights listed herein

for an additional six-year period. This application consists of eleven (11) pages.

20CW3154 CITY OF THORNTON, COLORADO, c/o Water Resources Division, 12450 Washington

Street, Thornton, Colorado 80241, (720) 977-6600. Please send all pleadings and correspondence to

David C. Taussig, Alan E. Curtis, Virginia Sciabbarrasi, C/o WHITE & JANKOWSKI, LLC, 1333 W.

120th Ave., Suite 302, Westminster, Colorado 80234, Tele: (303) 595-9441. APPLICATION FOR

FINDINGS OF REASONABLE DILIGENCE IN ADAMS, DENVER AND WELD COUNTIES 2.

Background and Introduction. a. Applicant, the City of Thornton (“Thornton”) owns and operates an

integrated municipal water and sewer system supplying water and sewer service to those within its service

area as it now exists and as it may grow in the future, and to those with contracts for water supply service.

As part of its water supply planning, Thornton acquired certain structures, land and water rights from the

City of Arvada (“Arvada”). Thornton filed an application to adapt certain originally pleaded components

to allow operation within Thornton’s municipal system instead of Arvada’s municipal system, which was

decreed in 2014. This Application is for continued diligence for certain conditional underground water

rights and for the exchange previously decreed in Case No. 04CW326 (“Original Decree”). This

Application seeks diligence for conditional water rights for eleven wells decreed as Cooley West Wells

Nos. 1-1l that are used to fill the Cooley West Complex. Five of the wells have been constructed. The

Application also seeks diligence for a conditional exchange as part of a plan for augmentation in the

Original Decree, from the confluence of Big Dry Creek and the South Platte River up the South Platte

River to the uppermost point of depletion of the Cooley West Wells Nos. 1-11 and to the Ford Seep Ditch

(“04CW326 Exchange”) The Cooley West Wells Nos. 1-11 and the 04CW236 Exchange are collectively

referred to as the “Subject Water Rights”). The principal structures involved in this application are shown

on the attached Exhibit A. All exhibits to this Application are incorporated by this reference as if fully set

forth in the Application. Cooley West Complex and Flooding Events. During the during the pendency of

the original application, an unusually persistent and moist weather pattern led to rainfall totals from

September 9-15, 2013 that have been observed in only a handful of events on the Front Range in the past

century. All-time record or near-record precipitation was recorded during the week across the Front

Range. Seven-day rainfall totals (September 9-15, 2013) exceeded 10-inches from Golden through

Boulder into Larimer County, and in Aurora. The very heavy rains caused severe to extreme flooding

across the northern Front Range and downstream areas in northeastern Colorado; the peak flows at many

gages and the overall extent of flooding were unmatched in at least 35 years. As a result, the South Platte

River breached and overtopped the Cooley West Complex. The overtopping resulted in significant

erosion to the reservoir slopes. A portion of the berm between the South Cell of Cooley West and the

river was breached, resulting in failure of the berm and the slurry wall. Since these floods were

considered a national disaster, Thornton staff worked with the Federal Emergency Management Agency

(“FEMA”) and local agencies to begin planning the repairs to Thornton’s facilities. Starting in August

2014, the Cooley West South cell was drawn down to prepare for repair work to be completed in 2015.

However, in April, May, and June of 2015, the Front Range again experienced abnormally high

precipitation, which caused the South Platte River again to flood. The South Platte River breached the

berm located adjacent to the Southern Pump Station into the South Cell of Cooley West during the night

of June 24, 2015. This breach also destroyed Cooley West Well No. 5 and a major portion the

infrastructure to the wells that were originally decreed in Case 04CW326. On June 25, 2015, the South

and Middle Cells breached. On June 26, 2015, the Middle to North Cells breached and the South Platte

River started running through the Cooley West Complex, bypassing approximately ½ mile of the South

Platte main channel, including the Fulton Ditch. Because of the extensive damage caused by the flooding

events, 2016 through 2019 were spent working with FEMA to redesign the repairs to the Cooley West

Complex to better handle future flooding. In 2020, work began to repair the damaged caused by the

flooding. Cooley West Well No. 5 has been replaced, along with the infrastructure to the other wells. As

of October 2020, the repair work has been substantially completed, and the Cooley West Complex is

operational once again for the first time since the 2013 floods. 3. Previous Decree. Thornton’s Cooley

West Wells Nos. 1-11 and the 04CW326 Exchange were conditionally decreed in the Original Decree.

This is the first diligence application. 4. Names of Structures and Description for Cooley West Wells

Nos. 1-11. Introduction. Thornton seeks to continue diligence for conditional groundwater rights for the

Cooley West Wells Nos. 1-11 decreed in the Original Decree, including five existing wells and six

proposed wells. a. Names and Locations of Cooley West Wells: All of the wells are or will be located in

S17, T2S, R67W, 6th P.M., in Adams County, Colorado. The specific well locations are described

below. i. Cooley West Well No. 1 (previously Permit No. 65288-F, repermitted as Permit No. 78774-F)

is located in the NE1/4 of the SW1/4 of Section 17, 1,415 feet from the south section line and 2,450 feet

from the west section line. ii. Cooley West Well No. 2 (previously Permit No. 65289-F, repermitted as

Permit No. 78775-F) is located in the NE1/4 of the SW1/4 of Section 17, 1,440 feet from the south

section line and 2,490 feet from the west section line. iii. Cooley West Well No. 3 (previously Permit No.

65290-F, repermitted as Permit No. 78776-F) is located in the NW1/4 of the SE1/4 of Section 17, 1,507

feet from the south section line and 2,738 feet from the west section line. iv. Cooley West Well No. 4

(previously Permit No. 65291-F, repermitted as Permit No. 78777-F) is located in the NW1/4 of the

SE1/4 of Section 17, 1,500 feet from the south section line and 2,990 feet from the west section line. v.

Cooley West Well No. 5 (previously Permit No. 65292-F, repermitted as Permit No. 78778-F, and later

Permit No. 78778-F-R) is located in the NW1/4 of the SE1/4 of Section 17, 1,500 feet from the south

section line and 3,240 feet from the west section line. vi. Cooley West Well No. 6 will be located in the

NW1/4 of the SE1/4 of Section 17, approximately 1,840 feet from the south section line and 1,380 feet

from the east section line. vii. Cooley West Well No. 7 will be located in the NE1/4 of the SE1/4 of

Section 17, approximately 2,425 feet from the south section line and 921 feet from the east section line.

viii. Cooley West Well No. 8 will be located in the SE1/4 of the NE1/4 of Section 17, approximately

2,055 feet from the north section line and 315 feet from the east section line. ix. Cooley West Well No. 9

will be located in the SE1/4 of the NE1/4 of Section 17, approximately located 1,470 feet from the north

section line and 25 feet from the east section line. x. Cooley West Well No. 10 will be located in the

NE1/4 of the NE1/4 of Section 17, approximately located 1,150 feet from the north section line and 20

feet from the east section line. xi. Cooley West Well No. 11 will be located in the NE1/4 of the NE1/4 of

Section 17, approximately located 110 feet from the north section line and 10 feet from the east section

line. b. Source: Groundwater tributary to the South Platte River. c. Date of appropriation: February 7,

2000. d. Rate of Diversion: 22 cubic feet per second (“cfs”), CONDITIONAL, from the cumulative

pumping of all or any combination of the wells. e. Uses: All municipal uses, both direct and after storage

in Thornton’s lined gravel lakes, including but not limited to: domestic, manufacturing, industrial,

commercial, mechanical, fire protection, sewage treatment, street sprinkling, watering of parks, lawns,

gardens and other public spaces, irrigation, agricultural, recreation, piscatorial, wildlife preservation, lake

and reservoir evaporation, and aesthetic purposes and for replacement, adjustment and regulation of

Thornton’s storage and delivery systems, and those of its users, among themselves and with others.

Thornton may divert, store and use the water directly, by and for exchange, augmentation, substitution,

replacement or otherwise, as may be appropriate to maximize its lawful use. Thornton may reuse,

successively use, dispose of, and/or otherwise apply all water to extinction. The return flows discharged

or released by Thornton attributable to the exercise of this right shall have associated with it the same

rights of use, reuse, successive use and disposition. The water may be placed to use within the Thornton

service area as it now exists (as shown on Exhibit C of the Original Decree) or as it may exist in the future

and in any other location capable of service with water produced from the well. f. Reuse and Successive

Use. Pursuant to the terms of the Original Decree, water may be used directly, stored, reused,

successively used, used by and for exchange, augmentation, substitution and replacement, and consumed

to extinction subject to the terms and conditions of this decree. After initial use of deliveries of the

Subject Water Rights in its municipal system, Thornton will calculate and account for wastewater effluent

at the Robert W. Hite Treatment Facility and any other returns using the procedures set forth in paragraph

26.6 of the decree in Case No. 91CW126 and the procedure described in Paragraph 71 of the Original

Decree and use the fully consumable effluent and other returns associated with the Subject Water Rights

for augmentation and replacement purposes pursuant to this decree and the decrees in Case Nos.

02CW180 and 08CW82, ,in Water Division 1, to the extent permitted by the decrees entered in Case Nos.

02CW180 and 08CW82. Thornton will use such fully consumable effluent and other returns for satisfying

return flows as may be required by the decrees Case Nos. 87CW107, 87CW334, 89CW132, 90CW229,

02CW266, 05CW10, and the Thornton Northern Project case, all in Water Division 1, to the extent

permitted by the decrees entered in those cases. The Subject Water Rights, including effluent from use of

the Subject Water Rights, may be used in any lawful exchange, in the manner and under the terms of any

such exchange, including, but not limited to, the exchanges decreed in this case and in consolidated Case

Nos. 86CW401, 86CW402, 86CW403, and 87CW332 (“Thornton Northern Project”), Case No.

96CW1116, 02CW180, 08CW82 and pending application in Case No. 04CW350, all in Water Division 1,

to the extent permitted by the decrees entered in those cases. Nothing in the Original Decree modifies or

amends Thornton’s prior exchange decrees. 5. Names of Structures and Description for 04CW236

Exchange. a. Introduction. As part of the augmentation plan approved in the Original Decree, Thornton

received a conditional water right to operate the 04CW236 Exchange to replace the out-of-priority

depletions associated with the Cooley West Wells Nos. 1-11 and the Ford Seep Ditch. b. Names,

Location of Structures and Source in 04CW236 Exchange. i. Cooley West Wells Nos. 1-11, described in

paragraph 4, above, diverting groundwater tributary to the South Platte River. Ii. Ford Seep Ditch. The

Ford Seep Ditch diversion and measurement device is located in the SE1/4 of the NW1/4 of S17, T2S,

R67W, 6th P.M., in Adams County, Colorado, approximately 1,375 feet from the north section line and

2,100 feet from the west section line, diverting surface water tributary to the South Platte River. c. Rates

of Exchange and Reach. When the replacement water is provided below the point of diversion of the

Cooley West Wells Nos. 1-11 or the Ford Seep Ditch, the plan for augmentation approved in Original

Decree will include an element of an exchange through the following reaches from the confluence of Big

Dry Creek and the South Platte River, located in the NW1/4 of the NW1/4 of S7, T1N, R66W, 6th P.M.,

Weld County, Colorado, up the South Platte River to the Ford Seep Ditch and to the uppermost point of

depletion of the Cooley West Wells Nos. 1-11 located in the NW1/4 of S7, T1N, R66W, 6th P.M., Weld

County, at a rate of 25 cfs, CONDITIONAL. d. Date of Appropriation. August 31, 2010. e. Use.

Thornton shall use the exchange only for the plan for augmentation in the Original Decree. 6. 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.

from October 8, 2013 and October 30, 2020), 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.

Cooley West Reservoir Repairs: Thornton spent approximately $7.45 million on repairs and

improvements at the Cooley West Complex, including repairing breeched sections of the reservoirs,

repairing slurry walls, replacing wells, as well as adding spillways. b. West Gravel Lake Pump Station:

Thornton has spent approximately $126,000 on several critical electrical upgrades at the West Gravel

Lakes pump station. c. Clear Creek Water Quality Monitoring Program: Thornton has spent

approximately $1.15 million on water quality monitoring of Clear Creek over the diligence period. d.

Wes Brown Water Treatment Plant (WBWTP) Projects: The Subject Water Rights can be treated at

WBWTP prior to being distributed to Thornton customers. During the diligence period, several projects

occurred at the WBWTP including membrane replacement, clarifier repairs, and process improvements.

In excess of $10.5 million was spent on these projects. e. Thornton Water Treatment Plant (TWTP)

Projects: The Subject Water Rights can be treated at TWTP prior to being distributed to Thornton

customers. During the diligence period, Thornton spent approximately $85 million toward the

construction of the new Thornton Water Treatment Plant. f. 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 and South Platt

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