SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (§37-83-105), and interruptible water supply agreements (§37-92-309). To receive this information, specify whether you prefer to receive the notification via first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List (c/o Katie Radke, Program Manager), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: [email protected]. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us.
DISTRICT COURT, WATER DIVISION 1, COLORADO
FEBRUARY 2013 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
FEBRUARY 2013 for each County affected.
13CW14 A.L.E. PARTNERSHIP, a Colorado partnership, c/o Lloyd Land, 12501 Riverdale Road,
Brighton, Colorado 80602. (303.536.0810) Robert E. Schween, Robert E. Schween, P.C., 62489 E.
Border Rock Road, Tucson, AZ 85739. APPLICATION FOR CHANGE OF WATER RIGHT TO
AMEND DECREE FOR GROUND WATER RIGHTS IN THE LOWER ARAPAHOE AND
LARAMIE-FOX HILLS AQUIFERS, in WELD COUNTY. 2. Original Decree: A. The original decree
in this case was entered on February 8, 2001. The decree adjudicated all ground water in the Lower
Arapahoe and the Laramie-Fox Hills aquifers underlying Applicant’s property consisting of 235 acres, more
or less, located generally in the W1/2 of the SW1/4 and the E1/2 of the SW1/4 of Section 29, Township 2
North, Range 66 West of the 6th P.M., near the Town of Fort Lupton, in Weld County. For the property
location and description, see the General Location and Site Location Maps, Exhibit A and A-1, and Exhibit
B, hereto. B. The average annual amounts adjudicated in each aquifer were as set forth in the State
Engineer’s Determinations of Fact in this case as shown in the following table:
Aquifer Acres Sat. Thickness Specific Yield Average Annual Amounts
Lower Arapahoe 235 52 17 % 20.8 AF
Laramie-Fox Hills 235 131 15 % 46.2 AF
C. The decree allows A.L.E. Partnership to operate a well field with wells completed into the same aquifer
located anywhere on the Applicant’s property subject to the decree. 3. Change Sought: A. Mr. Lloyd Land
owns two adjacent parcels of land (1) consisting of 109.5 aces located immediately to the north and (2)
consisting of 89.25 acres immediately to the south of the land subject to the decree in this Case No. 00-CW-
138. The ground water in the Lower Arapahoe and Laramie-Fox Hills aquifers underlying these adjacent
parcels was adjudicated in Case No. 11-CW-097, Water Division 1, entered on October 19, 2011. See
Exhibit A and Exhibit A-1, showing the locations of both of these parcels and the A.L.E. Partnership parcel.
B. Landowner Lloyd Land intends to construct and complete wells into the Laramie Fox Hills aquifer (and
into the Lower Arapahoe aquifer after separate approval of an augmentation plan as required for the
withdrawal of not nontributary ground water) on the land described in Case No. 11-CW-097 for withdrawal
of the ground water underlying the properties described in Case No. 11-CW-097 and that described and
subject to this decree in this Case No. 00-CW-138. C. Accordingly, Applicant A.L.E. Partnership seeks to
change or amend the Water Court decree in this Case No. 00-CW-138 to add a provision allowing Applicant
Lloyd Land to establish a well field between the ground water underlying the parcel described in this decree
and the ground water underlying the parcels subject to Case No. 11-CW-097 for the withdrawal of the
underlying decreed ground water. D. The change sought will be a provision inserted into the present decree
at paragraph 10C such that the existing language in paragraph 10C will become sub-paragraph 10C(1) and
the following provision will become sub-paragraph 10C(2):10.C Well Fields: (2) Subject to obtaining an
adequate Court approved augmentation plan for withdrawal of not nontributary ground water, Applicant has
the right to withdraw all of the legally available ground water in the Lower Arapahoe and Laramie-Fox Hills
aquifers underlying the property described herein through any well(s) permitted in each aquifer located (1)
on the property described in this decree; or (2) on the adjacent properties owned by Applicant Lloyd Land as
described in Case No. 11-CW-097, Water Division 1, and as shown in Exhibits A and A-1, and as described
in Exhibit B hereto. 4. Additional Remarks: A. The change sought will allow flexibility in withdrawal of
Applicant’s decreed ground water and use of its vested property right therein. Further, the change sought will
result in a well field arrangement as contemplated in the Statewide Nontributary Ground Water Rules, 2 CCR
402-7. B. Applicant requests the Court grant the change requested and enter an amended decree in this Case
No. 00-CW-138 granting the addition of a provision allowing establishment of a well field for the withdrawal
of ground water adjudicated in this decree by wells located either on the property subject to this decree or on
the adjacent parcels owned by Applicant Lloyd Land as described in Case No. 11-CW-097, Water Division 1.
WHEREFORE, Applicant requests this Court grant such other relief as it deems proper in the premises.
(4 pages.)
13CW15 BLUE MOUNTAIN LIVESTOCK, LLC, PO Box 787, Lyons, CO 80540. 303-823-5620.
APPLICATION FOR ABSOLUTE WATER RIGHRS (SURFACE) IN BOULDER COUNTY. Sosey
Ditch located NW1/4, SE1/4, S12, T3N, R70W or the 6th PM at a distance 2240 ft. from S and 2250 ft.
from E. Source: North Creek of the St. Vrain Creek. Date of appropriation: May 1, 1877. How
appropriation was initiated: Ditch was constructed for purpose of irrigation. Date water applied to
beneficial use: May 1, 1877. Amount: 3.0 cfs, Absolute. Use irrigation of approximately 35 acres of land.
13CW16 VICKI MUNROE, 11490 SE Cherry Creek Rd., Elbert, CO 80106. 303-660-9696.
APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS
UNDERLYING APPLICANT’S PROPERTY IN DOUGLAS COUNTY. Applicant seeks to adjudicate
the well, permit 158138, and to adjudicate the non tributary and not nontributary Denver Basin
groundwater underlying a 103.5 acre tract of land lying in the NE1/4, SW1/4, S9, T10S, R65W of the 6th
PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.
13CW17 The Consolidated Mutual Water Company, 12700 West 27th
Avenue, Lakewood, CO
80215, (303) 238-0451, through counsel Evan D. Ela, Esq., Collins Cockrel & Cole, P.C., 390 Union
Boulevard, Suite 400, Denver, CO 80228, (303) 986-1551, APPLICATION FOR CHANGE OF WATER
RIGHTS in WELD, CLEAR CREEK, JEFFERSON, and ADAMS COUNTIES. 2. Water Right
Structures for which Changes are Sought: water rights associated with Consolidated Mutual’s
proportionate ownership interest in newly acquired shares of the Agricultural Ditch and Reservoir
Company (“ADRC”). The structures utilized by the ADRC include the Agricultural Ditch, Welch Ditch,
the Midway Reservoirs, the Loch Lomond Group of Reservoirs, the Fall River Group of Reservoirs and
Long Lake Reservoirs. 3. Water Rights to be Changed: 11.1 shares (which is equal to water deliveries
of 444 inches out of 8,000 total inches) of the ADRC, or approximately 5.55% of the total shares. These
shares have been acquired by Consolidated Mutual in addition to its shares changed in prior adjudications,
Case Nos. 94CW197 and 09CW107, District Court, Water Division 1. The ADRC owns 775.38 inches of
the total 1244.925 inches decreed to the Welch Ditch (62.228%) as of the date of this Application and
owns 100% of the water right associated with Priority 75 decreed to the Welch Ditch. Consolidated
Mutual’s 5.55% of shares in the ADRC equates to ownership of approximately 43 inches of the Welch
Ditch. The water rights of the ADRC are absolute water rights originally decreed for irrigation, domestic
and power purposes. The locations, priorities, uses and amounts originally or currently decreed for the
water rights relied upon by the ADRC are summarized below; (a) Legal Description of the Structures: (i)
Agricultural Ditch. The headgate of the Agricultural Ditch is located on the south bank of Clear Creek in
the City of Golden, in the southwest quarter, Section 27, Township 3 South, Range 70 West of the 6th
P.M., Jefferson County, Colorado; (ii) Welch Ditch (aka the Golden Canal, or Golden Ditch); and the
Agricultural Reservoir Ditch (an extension of the Welch Ditch). The headgate of the Welch Ditch is also
the headgate of the Agricultural Reservoir Ditch. The headgate of these structures is located on the
southeast bank of Clear Creek, at a point whence the quarter corner in the south boundary line of Section
32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, bears South 28° East,
a distance of 900 feet; (iii) Midway Reservoirs. Main Reservoir, East Reservoir, and Smith Reservoir are
collectively known as the "Midway Reservoirs" located as follows: (1) Main Reservoir is located in
Sections 16 and 21, Township 4 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. The
feeder ditch or supply ditch from Clear Creek, by means of which this reservoir is filled, is the Welch
Ditch and its extension the Agricultural Reservoir Ditch; (2) East Reservoir is located in Sections 21 and
22, Township 4 South, Range 60 West of the 6th P.M., Jefferson County, Colorado. The feeder ditch or
supply ditch from Clear Creek, by means of which this reservoir is filled, is the Welch Ditch and its
extension the Agricultural Reservoir Ditch; (3) Smith Reservoir is located in Section 21, Township 4
South, Range 69 West of the 6th P.M., Jefferson County, Colorado. The feeder ditch or supply ditch from
Clear Creek, by means of which this reservoir is filled, is the Welch Ditch and its extension the
Agricultural Reservoir Ditch; (iv) Loch Lomond Group of Reservoirs consisting of Loch Lomond
Reservoir, Lake Caroline Reservoir, Twin Lakes Reservoir, Ice Lake Reservoir and Ohman Lake
Reservoir, form a closely grouped, interconnected series of reservoirs, having a common source of supply
and a common outlet through the outlet of Loch Lomond Reservoir and constitute a single reservoir unit.
Said reservoirs are located in Sections 28, 29, and 33, Township 2 South, Range 74 West of the 6th P.M.,
Clear Creek County, Colorado; in the headwaters of the Fall River, and particularly the headwaters of the
northerly or so-called Loch Lomond branch of the Fall River. The Fall River is a tributary of Clear
Creek; (v) Fall River Group of Reservoirs consisting of Chinn's Lake Reservoir, Upper Chinn's Lake
Reservoir (aka Sherwin Lake Reservoir), and Fall River Reservoir, form a closely grouped,
interconnecting series of reservoirs, having a common source of supply and a common outlet and
constitute a single reservoir unit. Said reservoirs are located in unsurveyed Section 5, Township 3 South,
Range 74 West of the 6th P.M., Clear Creek County, Colorado; in the headwaters of Fall River, a tributary
of Clear Creek, and particularly the headwaters of the southerly branch of Fall River, as distinguished
from the northerly or so-called Loch Lomond branch of said Fall River; (vi) Long Lake Reservoirs
consisting of Long Lake Reservoir No. 1 (aka Campbell Reservoir No. 1) and Long Lake Reservoir No. 2
(aka Campbell Reservoir No. 2) and are located as described below; (1) Long Lake Reservoir No. 1 is
located in the Southwest quarter of the Southwest quarter (SW1/4 SW1/4) of Section 33, Township 2
South, Range 70 West of the 6th P.M., and the Northwest quarter (NW 1/4) and the North half of the
Southwest quarter (N1/2 SW1/4) of Section 4, Township 3 South, Range 70 West of the 6th P.M.,
Jefferson County, Colorado. The headgate of the filler ditch, known as the Long Lake Ditch (or
Campbell Ditch) is located on the west bank of Ralston Creek at a point in Section 31, Township 2 South,
Range 70 West of the 6th P.M., whence the Southeast corner of Section 6, Township 3 South, Range 70
West, bears South 15 degrees East 5,525 feet; (2) Long Lake Reservoir No. 2 is located in the East Half
of the Northwest Quarter (E1/2 NW1/4) and the Northeast Quarter of the Southwest Quarter (NE1/4
SW1/4) and the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) and the Northwest Quarter of
the Southeast Quarter (NW1/4 SE1/4) of Section 4, Township 3 South, Range 70 West of the 6th P.M.,
Jefferson County, Colorado. Long Lake Reservoir No. 2 receives water from Ralston Creek via the same
filler ditch as Long Lake Reservoir No. 1 and from Long Lake Reservoir No. 1 itself. Long Lake
Reservoir No. 2 is connected with Long Lake Reservoir No. 1 by a ditch; (b) Appropriation Dates, Uses
and Amounts of the Water Rights: (i) Agricultural Ditch. Direct flow water rights decreed to the
Agricultural Ditch divert from Clear Creek and are listed as follows:
Priority Date of
Appropriation
Date of
Adjudication
Decreed
Use
Amount
(cfs)
2 5/15/1860 10/4/1884 I,D 1.64
4 5/19/1860 10/4/1884 I,D 0.675
5 5/31/1860 10/4/1884 I,D 3.83
7 6/14/1860 10/4/1884 I,D 1.12
13 5/14/1861 10/4/1884 I,D 0.098
14 6/2/1861 10/4/1884 I,D 1.12
15 6/11/1861 10/4/1884 I,D 0.39
21 6/1/1862 10/4/1884 I,D 0.15
44 5/16/1865 10/4/1884 I,D 0.163
61 12/21/1874 10/4/1884 I,D 101.54
67 3/24/1883 10/4/1884 I,D 48.46
75 3/27/1888 5/13/1936 I,D 55.00
Notes: I = Irrigation Use; D = Domestic Use.
(ii) Welch Ditch. Direct flow water rights decreed to the Welch Ditch and owned by the ADRC divert
from Clear Creek and are listed as follows:
Priority Date of
Appropriation
Date of
Adjudication
Decreed
Use
Amount
(cfs)
ADRC
Interest
(62.228%)
(cfs)
4 05/19/1860 10/04/1884 I 0.225 0.140
12 05/13/1861 10/04/1884 I 1.30 0.809
55 02/11/1871 10/04/1884 I 26.00 16.179
75* 06/02/1900 05/13/1936 I 24.00 24.00
Notes: I = Irrigation Use
* The Agricultural Ditch and Reservoir Company owns this priority in its entirety.
(iii) Mountain Reservoirs. Storage water rights decreed to the mountain reservoirs of the ADRC divert
from the Fall River and its tributaries and are listed as follows:
Reservoir
System Priority
Date of
Appropriation
Date of
Adjudication
Decreed
Use
Amount
(ac-ft)
Loch
Lomond
Group
1 9/21/1900 5/13/1936 I,D 596.9
1a 9/21/1900 5/13/1936 I,D 499.6
3 7/16/1906 5/13/1936 I,D 206.8
Fall River
Group
3
3
9/21/1900
7/16/1906
5/13/1936
5/13/1936
I,D
I,D
127.1
304
4 9/21/1900 5/13/1936 I,D 44.81
4 9/21/1900 5/13/1936 I,D 112.81
81 8/1/1905 5/13/1936 I,P 101.8
3a 7/16/1906 5/13/1936 I,D 262.98
6 & 6a 7/16/1906 5/13/1936 I,D 30.58
1a 9/21/1900 5/13/1936 I,D 88.6
Notes: I = Irrigation Use; D = Domestic Use; P = Power Use.
(iv) Midway Reservoirs. Storage water rights decreed to the Midway Reservoirs divert from Clear Creek
and are as follows:
Reservoir
System Priority
Date of
Appropriation
Date of
Adjudication
Decreed
Use
Amount
(ac-ft)
Main 70 2/1/1901 5/13/1936 I 606.51
East 71 2/1/1901 5/13/1936 I 102.02
Smith 71 2/1/1901 5/13/1936 I 93.25
86 9/29/1906 5/13/1936 I 292.79
Notes: I = Irrigation use.
(v) Long Lake Reservoirs. Storage water rights decreed to Long Lake Reservoirs, and to which the
ADRC has an annual right to the first 200 acre-feet, divert from Ralston Creek, a tributary of Clear Creek,
and are listed as follows:
Reservoir System Date of
Appropriation
Date of
Adjudication
Decreed
Use
Amount
(ac-ft)
Long Lake
Reservoir No. 1
5/29/1873 10/4/1884 I 890
6/6/1909 5/13/1936 I 557
6/6/1909 5/13/1936 I 574.8
(conditional)
Long Lake
Reservoir No. 2
6/6/1909 5/13/1936 I 292
6/6/1909 5/13/1936 I 716.3
(conditional)
Notes: I = Irrigation Use.
(c) Source of the Water for the Water Rights: Clear Creek and its tributaries. 4. Description of the
Proposed Changes of Water Rights: Consolidated Mutual seeks changes of the water rights described in
paragraph 3, above. The changes are described in the paragraphs below. The changes in type, manner
and places of use in this application are no different than the changes adjudicated by Consolidated Mutual
in its prior change Case Nos. 94CW197 and 09CW107. Consolidated Mutual intends to operate this
change of water rights under terms and conditions identical to those recently adjudicated in Case No.
09CW107; (a) Change in type of use: Applicant operates a municipal water system in suburban Jefferson
County for the mutual benefit of its stockholders. It seeks to change the subject ownership interest in the
water rights to all beneficial purposes including municipal, irrigation, domestic, mechanical, commercial,
industrial, recreation, fish and wildlife, augmentation, exchange, replacement and any other use
necessary, desirable, or incidental to the operation of its municipal water system. Consolidated Mutual
will use the changed water rights by direct flow or after storage for the above-described purposes. Return
flow from Applicant’s use of the subject water rights will be quantified and used to offset any historical
return flow required to be made for preventing injury from this change of water rights from historical
agricultural uses. Water derived from the exercise of the water rights for which required return flows
have been made, and to the extent that municipal returns exceed historical irrigation return flow
obligations, shall be fully consumable by Consolidated Mutual. Such reusable water may be used, reused,
successively used and disposed of by sale, exchange or otherwise to extinction for all beneficial purposes
described herein. Until such reusable water is used, reused or disposed of to extinction, Consolidated
Mutual will retain dominion and control of such reusable water through its physical structures, by
conveyance in public streams and by its water use accounting procedures; (b) Change in manner of use:
Consolidated Mutual will divert from Clear Creek by exercise of the direct flow water rights for direct use
or for storage and subsequent use after storage in the alternate places of storage described below.
Consolidated Mutual will also utilize any releases from storage as such releases are delivered by the
ADRC for direct use or for storage and subsequent use in the alternate places of storage described below.
Locations for such alternate places of storage are also shown on Attachment A to the application; (i)
Maple Grove Reservoir is located in the South 1/2, Section 29, and the North 1/2, Section 32, Township 3
South, Range 69 West of the 6th P.M., Jefferson County, Colorado; (ii) Fairmount Reservoir is located in
the Northeast 1/4 of Section 24, Township 3 South, Range 70 West of the 6th P.M., Jefferson County,
Colorado; (iii) Walter S. Welton Reservoir (formerly known as Fortune Reservoir) is located in the South
1/2 of Section 24 and the North 1/2 of Section 25, Township 2 South, Range 70 West of the 6th P.M.
Jefferson County, Colorado; (iv) Midway Reservoirs (Main, East and Smith) are located as described in
paragraph 3(a)(iii) above; ;(c) Change in place of use: Consolidated Mutual’s use of water derived from
the changed water rights shall include any location in Consolidated Mutual’s present or future treated or
raw water service area, including but not limited to re-diversion of fully reusable amounts at points of
diversion utilized by Consolidated Mutual’s current and future water lessees, and at the following points
of diversion owned by Consolidated Mutual; (i) Well No. 1 (Permit No. 62953-F) on the South Platte
River, located on the west bank of the South Platte River in the NW1/4 NW1/4 of Section 30, Township 1
North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 120 feet south of the north
line and 975 feet east of the west line of said section; (ii) Well No. 2 (Permit No. 62954-F) on the South
Platte River, located on the west bank of the South Platte River in the NW1/4 NW1/4 of Section 30,
Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 710 feet south
of the north line and 920 feet east of the west line of said section; (iii) Well No. 3 (Permit No. 62955-F)
on the South Platte River, located on the west bank of the South Platte River in the NW1/4 NW1/4 of
Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately
710 feet south of the north line and 920 feet east of the west line of said section; (iv) Brighton Ditch. The
headgate of the Brighton Ditch on the South Platte River, located on the west bank of the South Platte
River in the SE1/4 SE1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Weld County,
Colorado; (d) Alternate points of diversion: In addition to the points of diversion already decreed for the
water rights, Consolidated Mutual may divert the changed water rights at the following described
alternate points of diversion; (i) Agricultural Ditch. The headgate of the Agricultural Ditch on Clear
Creek, located as described above in paragraph 3(a)(i); (ii) Lee, Stewart and Eskins Ditch. The headgate
of the Lee, Stewart and Eskins Ditch on Clear Creek, located on the south bank of Clear Creek at a point
whence the south quarter corner of Section 32, Township 3 South, Range 70 West of the 6th P.M.,
Jefferson County, Colorado, bears South 28° East a distance of 900 feet, more or less; (iii) Rocky
Mountain Ditch. The headgate of the Rocky Mountain Ditch on Clear Creek, located on the south side of
the Croke Dam in the NE/4 NE/4 NW/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M.,
Jefferson County, Colorado, at a point on the south side of Clear Creek which bears South 18°12’25”
West, a distance of 401.11 feet from the North 1/4 corner of said Section 26; (c) Historical Use: Water
yielded by the subject ADRC shares has historically irrigated lands below the Agricultural and Welch
ditches as shown on Attachment A to the Application. Total historical diversions through the
Agricultural Ditch headgate during the study period from 1929 through 1956 are shown on Attachment
B to the Application. Total historical diversions through the Welch Ditch headgate during the study
period from 1929 through 1956 are shown on Attachment C to the Application. 5. Name and address
of potentially affected landowners: (a) Agricultural Ditch: Coors Brewing Company, West 32nd
Avenue, Golden, CO 80401; (b) Welch Ditch: Jefferson County Open Space Department, 700 Jefferson
County Parkway, Golden, CO 80401; (c) The Lee Stewart & Eskins Ditch: Lee Stewart & Eskins Ditch
Company, c/o Peter Acker, President, 16173 W. 32nd Ave., Golden, CO 80401 and/or Coors Brewing
Company, W. 32nd Ave., Golden, CO 80401; (d) Rocky Mountain Ditch: Coors Brewing Company, West
32nd Avenue, Golden, CO 80401; (e) Maple Grove Reservoir: Applicant; (f) Fairmount Reservoir:
Applicant; (g) Welton Reservoir: Applicant; (h) Well Nos. 1, 2, and 3: Applicant; (i) Midway Reservoirs
(Main, East, and Smith): The Agricultural Ditch and Reservoir Company, 2130 Kipling Street,
Lakewood, CO 80215; (j) Mountain Reservoirs (Loch Lomond Group and Fall River Group): The
Agricultural Ditch and Reservoir Company, 2130 Kipling Street, Lakewood, CO 80215 and/or USDA
Forest Service, P.O. Box 25127, Lakewood, CO 80225; (k) Long Lake Reservoirs Nos. 1 and 2: Denver
Water, 1600 West 12th Avenue, Denver, CO 80204-3412; (l) Brighton Ditch: Brighton Ditch Company,
3286 WCR 23, Fort Lupton, CO 80621. 15 pages
13CW18 Christine Archer Davison and Bruce Davison, 8468 Saguaro Ridge Road, Parker, CO
80138 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION
FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY
SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY
DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER
DAWSON AQUIFERS, DOUGLAS COUNTY. Subject Property: 5 acres located in the NE1/4SE1/4 of
Section 32, T6S, R65W of the 6th P.M., Douglas County, as described and shown on Attachment A
("Subject Property"). Applicants are the owners of the Subject Property. Source of Water Rights: Upper
Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., Denver, Arapahoe
and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S.
Estimated Annual Amounts: Upper Dawson: 1.5 acre-feet, Denver: 3.2 acre-feet, Arapahoe: 1.8 acre-feet,
Laramie-Fox Hills: 1.4 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire
protection, and augmentation purposes, including storage, both on and off the Subject Property.
Description of plan for augmentation: Groundwater to be augmented: 1 acre-foot per year of the available
Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows
from the use of not nontributary and nontributary groundwater and direct discharge of nontributary
ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in-
house use (0.4 acre-feet), irrigation of lawn, garden, and trees (0.55 acre-feet), and stockwatering (0.05
acre-feet) through a new well. Sewage treatment for in-house use will be provided by a non-evaporative
septic system and return flow from in-house and irrigation use will be approximately 90% and 10% of
that use, respectively. During pumping Applicants 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. Return flows 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. Applicants will
reserve an equal amount of nontributary groundwater underlying the Subject Property 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. (5 pages).
13CW19 Douglas BNB, LLC, 3805 Walker Road, Colorado Springs, CO 80908 (James Petrock,
Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND
WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR
APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND
LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AND DENVER AQUIFERS,
EL PASO COUNTY. Subject Property: 20.2 acres located in the NE1/4NE1/4 of Section 15, T11S,
R66W of the 6th P.M., El Paso County, as described and shown on Attachment A hereto (Subject
Property). Source of Water Rights: The Dawson and Denver aquifers are not nontributary as described in
Sections 37-90-103(10.7), C.R.S., and the Arapahoe and Laramie-Fox Hills aquifers are nontributary as
described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Applicants estimate the following
annual amounts are available: Dawson: 12 acre-feet, Denver: 18 acre-feet, Arapahoe: 8 acre-feet,
Laramie-Fox Hills: 6 acre-feet. Proposed Use: domestic, inhouse, commercial, irrigation, stockwatering,
fire protection, and augmentation purposes, including storage, both on and off the Subject Property.
Description of plan for augmentation: Applicant will use the Dawson aquifer water for in-building
commercial use (1 acre-foot), use in two single family residences (0.8 acre-feet), irrigation of up to one
acre of lawn, garden, and trees (2 acre-feet), stockwatering (0.1 acre-feet) and storage or use in a water
feature (0.6 acre-feet). Applicants reserve the right to amend these values based on final planning of the
Subject Property without having to amend the application or re-publish the same. Sewage treatment for
commercial and inhouse use will be provided by non-evaporative septic systems. Return flow from
commercial and inhouse use will be approximately 90% of water used for that purpose and return flow
associated with irrigation use will be approximately 10% of water used for that purpose. All other uses
are considered to be 100% consumptively used. During pumping Applicant will replace actual depletions
to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Depletions may occur to the
Cherry Creek stream system. Return flows from use of the Dawson aquifer groundwater accrue to the
South Platte River system, and those return flows are sufficient to replace all 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. Further,
Applicant prays that this Court grant the application and for such other relief as seems proper in the
premises. (7 pages).
13CW20 THE TOWN OF ERIE, c/o Public Works Director, P. O. Box 750, Erie, CO 80516, (303)
926-2700. (Paul J. Zilis, Vranesh and Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302).
APPLICATION TO MAKE A CONDITIONAL WATER RIGHT ABSOLUTE, WELD COUNTY.
2. Name of appropriative right of substitution and exchange: Vista Ridge Exchange. 3. Description of
Conditional Water Right: A. Date of original Decree: February 22, 2007; Case No.: 02CW306; Court:
Water Court, Water Division 1; B. Subsequent decrees awarding findings of diligence: N/A; C. Legal
description: Pursuant to C.R.S. §§ 37-80-120, 37-83-104, and 37-92-302(1)(a), Applicant was granted an
appropriative right of substitution and exchange on Coal Creek, whereby reusable effluent which is
available to Applicant is delivered to Coal Creek at Applicant’s South Water Reclamation Facility
(formerly known as Erie Wastewater Treatment Plant, and hereinafter referred to as "South Water
Reclamation Facility") to supply downstream appropriators, and an equivalent amount of water is
diverted from Coal Creek at the Vista Ridge Pump and Pipeline for direct use or for storage for
subsequent use, for the uses described below, pursuant to the terms of the Decree in Case No. 02CW306
and subject to the terms of a Stipulation with the City of Lafayette in that case. The substitution and
exchange reach on Coal Creek is between the upstream terminus located at the Vista Ridge Pump and
Pipeline as described below and the downstream terminus located at the South Water Reclamation
Facility as described below. The exchange reach is approximately 3.5 miles in length. (1) Vista Ridge
Pump and Pipeline: The Vista Ridge Pump and Pipeline is located in the NW1/4 SE1/4 of Section 30,
Township 1 North, Range 68 West, 6th P.M. in Weld County, and approximately 2,320 feet from the
south section line and 2,560 feet from the east section line of said Section 30. (2) South Water
Reclamation Facility (formerly known as Erie Wastewater Treatment Plant): The South Water
Reclamation Facility discharge to Coal Creek is located in the NE1/4 NW1/4 of Section 18, Township 1
North, Range 68 West, 6th P.M. in Weld County, at a point approximately 825 feet from the north section
line and 1900 feet from the west section line of said Section 18. D. Source of Water: Fully consumable
effluent associated with Applicant's use of Windy Gap water, as quantified in Case No. 02CW306, and as
delivered to Coal Creek from the South Water Reclamation Facility. Windy Gap water currently
available to Applicant is summarized as follows: (a) The Applicant currently owns 14 Units of Windy
Gap Project water, which water is available to Applicant and will be used as the source of substitute
supply for the substitution and exchange. The water rights for the Windy Gap Project consist of the
Jasper Pump and Pipeline; Jasper Reservoir; Windy Gap Pump, Pipeline and Canal; Windy Gap Pump,
Pipeline and Canal First Enlargement; Windy Gap Pump, Pipeline and Canal Second Enlargement; and
Windy Gap Reservoir. These water rights were originally decreed in Case No. CA-1768, Grand County
District Court on October 27, 1980, and in Case Nos. W-4001 and 80CW108, District Court, Water
Division 5 on October 27, 1980. In addition, decrees awarding absolute water rights for municipal,
industrial, irrigation, and recreational uses, including reuse, successive use and use to extinction for the
Windy Gap Reservoir; Windy Gap Pump, Pipeline and Canal; and Windy Gap Pump, Pipeline and Canal,
First and Second Enlargements were entered in Case No. 88CW169, Water Division 5 (February 6, 1989)
and Case No. 89CW298, Water Division 5 (July 19, 1990). Windy Gap Project water is introduced,
stored, carried, and delivered in and through the components of the Colorado Big Thompson Project,
operated by the Northern Colorado Water Conservancy District. Windy Gap Project water is imported
foreign water that is available for use, reuse, and successive use until extinction. Applicant only has the
right to exchange Windy Gap water which has been used within Applicant's municipal system and
discharged from the Southern Water Reclamation Facility. Applicant has reserved the right to claim reuse
of return flows from lawn grass irrigation and all other uses in future Water Court Applications. (b) The
Decree in Case No. 02CW306 applies only to Windy Gap water owned or leased by the Applicant but is
limited to a maximum of 20 Windy Gap Units. However, Applicant was granted the right to file a Water
Court Application to include additional sources of reuse water within the exchange decreed herein; E.
Date of Appropriation of Substitution and Exchange: February 26, 2002; F. The amount of water: 0.9 cfs,
absolute, 1.0 cfs, conditional; G. The uses of the water: Irrigation of the Vista Ridge Golf Course and
associated open space located in Sections 30, 32, and 33, T1N, R68W, 6th P.M., lake level maintenance,
construction, fire protection, recreation, piscatorial, storage, exchange, and replacement. Such use shall
include the right to make a fully consumptive use of the water for the above described purposes and to
use, reuse and successively use the water to extinction. These uses describe only the uses of the water
which is exchanged hereunder; H. Depth: N/A. 4. Outline of what has been done toward completion of
the appropriation and application of water to a beneficial use: (a) Applicant has exchanged water on a
regular basis pursuant to the Decree in Case No. 02CW306 and has applied that water to the beneficial
uses described in Paragraph 3G above; (b) Applicant has provided the Division Engineer or his
designated representative with all records required pursuant to the Decree in Case No. 02CW306; (c) The
full decreed amount of 1.9 c.f.s. was exchanged for the beneficial uses set forth in Case No. 02CW306
during the diligence period. 5. Names and Addresses of Owners of Land on Which Structures are
Located: Town of Erie, P.O. Box 750, Erie, CO 80516. WHEREFORE Applicant requests that the Court
enter a decree finding that the conditional water right decreed in Case No. 02CW306 has been made
absolute. In the alternative, Applicant requests that the Court enter a decree finding that the Applicant has
exercised reasonable diligence toward completion of said conditional water right in the event that the
Court does not find that the conditional water right or a portion thereof has been made absolute, including
findings that Applicant can and will develop the conditional water right, and that the conditional water
right will be continued for another statutory diligence period.
13CW21 (86CW394, 97CW090, and 04CW193) THE CITY OF LONGMONT, IN ST. VRAIN
CREEK AND ITS TRIBUTARIES IN BOULDER AND WELD COUNTIES, COLORADO
APPLICATION FOR FINDING OF REASONABLE DILIGENCE Raymond L. Petros, Jr., No.
6763 David S. Hayes, No. 28661 Jeffrey N. Candrian, No. 43839 Petros & White, LLC 1999 Broadway,
Suite 3200 Denver, Colorado 80202 Phone: (303) 825-1980 Fax: (303) 825-1983 E-Mail:
[email protected] 1. Name, address and telephone number of applicant: City of Longmont
(“Longmont”) c/o Public Works and Natural Resources Department 1100 South Sherman Street
Longmont, Colorado 80501 (303) 651-8376 [email protected] 2. Name of structure: Union
Reservoir Enlargement. 3. Description of conditional water rights: A. Decree: The Conditional Decree
for the Union Reservoir Enlargement was entered by the District Court, Water Division No. 1 in Case No.
86CW394 on February 19, 1991. A finding of reasonable diligence was subsequently made in Case
Nos. 97CW090 (decree entered July 30, 1998) and in 2004CW193 (decree entered February 13, 2007).
B. Location: The reservoir will be located in Sections 29, 30, 31 and 32 of Township 3 North, Range 68
West and Sections 5 and 6, Township 2 North, Range 68 West, 6th P.M., Weld County, as depicted on
the map attached hereto as Exhibit A. C. Source: Surface water tributary to St. Vrain Creek. The Union
Reservoir Enlargement will be filled from a combination of sources including St. Vrain Creek, the entire
flow of Spring Gulch leading into the reservoir, and inflows and drainage into ditches leading into the
reservoir. D. Appropriation Date: October 28, 1986. E. Amount: 19,802 acre-feet, conditional. The
total enlarged volume of the reservoir is to be 32,570 acre-feet. F. Use: All municipal uses including, but
not limited to, domestic, commercial, manufacturing, industrial, agricultural, agricultural irrigation,
watering of parks and lawns and gardens, fire protection, generation of electric power and power
generally, recreation, fish and wildlife propagation, sewage treatment, street sprinkling, maintenance of
adequate storage reserves, replacement, augmentation and exchange. G. Name and capacity of ditches
leading to the reservoir: The total capacity of the ditches and proposed pipelines leading to the reservoir
will be 1,140 cubic feet per second (“cfs”) as follows: i. Portions of the Oligarchy Ditch through
Longmont have a capacity of 1,000 cfs and its headgate is located in the NE1/4, Section 27, Township 3
North, Range 70 West, 6th P.M., Boulder County, at a point whence the East 1/4 corner of Section 27
bears S27º26' E 560 feet more or less; the East line of the NE1/4, Section 27 as bearing North 00º32'42"
W with all bearings relative thereto. ii. The proposed Highland Ditch and Supply Ditch Exchange
pipeline will have a capacity of 100 cfs. The headgate of the Highland Ditch on St. Vrain Creek is
located in the NW1/4, Section 20, Township 3 North, Range 70 West, 6th P.M., Boulder County, being
more particularly described as follows: commencing at the NW corner, Section 20, considering the North
line of the NW1/4, Section 20 as bearing S84º19'09"E; thence S39º41'28"E 1,714.65 feet more or less to
the center of the Highland Ditch headgate. The proposed Highland Exchange Structure will be located at
the point where the Highland Ditch intersects the N/S center line of Section 19, Township 3 North, Range
68 West, 6th P.M., Weld County; or approximately 2,600 feet East and 200 feet South of the NW corner,
Section 19. The headgate of the Supply Ditch on St. Vrain Creek is located in the SW1/4, Section 17,
Township 3 North, Range 70 West, 6th P.M., Boulder County, more particularly described as follows:
commencing at the SW corner, Section 17 considering the South line of the SW1/4, Section 17 as bearing
S84º19'09"E; thence S87º06'51"E 473.42 feet more or less to the center of the Supply Ditch headgate.
The proposed Supply Exchange Structure will be located at the point where the Supply Ditch intersects
the N/S center line, Section 18, Township 3 North, Range 68 West, 6th P.M., Weld County; or
approximately 2,600 feet East and 110 feet North of the SW corner, Section 18. iii. The proposed
pipelines from St. Vrain Creek Pump Stations No. 1 and No. 2 will each have a capacity of 20 cfs. The
decree entered in Case No. 86CW394 describes the proposed location of the inlet of St. Vrain Pump
Station No. 1 as being at a point on the North bank of St. Vrain Creek approximately 1400 feet East and
1560 feet South of the Northwest corner of Section 11, T2N, R69W of the 6th P.M., Boulder County,
Colorado; the as-built location of the inlet of St. Vrain Pump Station No. 1 is at a point on the North bank
of St. Vrain Creek approximately 1,680 feet south and 1,010 feet west of the NE corner of Section 10,
Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. The proposed St. Vrain
Creek Pump Station No. 2 will be located at a point on the West bank of St. Vrain Creek approximately
190 feet North and 2,700 feet East of the SW corner, Section 4, Township 2 North, Ranch 68 West, 6th
P.M., Weld County. 4. Detailed outline of work done to complete project and apply water to beneficial
use: The conditional water right decreed in Case No. 86CW394 (“Union Reservoir Enlargement”) is an
integral part of Longmont’s water supply system, wastewater treatment system, and stormwater collection
system. Longmont is developing its water system in accordance with a long-term program for the phased
construction of additional storage and the use of water rights as needed to meet the expanding residential,
commercial and industrial water demands of Longmont. During the subject Diligence Period (February
2007 to the present), Longmont has spent considerable time and money developing its integrated water
system. Large expenditures of money will be required in the future to continue this development.
Longmont’s efforts to develop its water system and the Union Reservoir Enlargement during the
Diligence Period support a finding of reasonable diligence for the conditional water storage right which is
the subject of this application. These efforts include, without limitation, the work detailed in the affidavit
of Ken S. Huson, Water Resources Administrator for Longmont, attached hereto as Exhibit B, and are
partially summarized as follows: A. Acquisition of land surrounding Union Reservoir in preparation for
the Union Reservoir Enlargement, at a total cost of $12,394,705.00. B. Completion of a recreational
master plan for Union Reservoir, at a cost of $44,973.70. The master plan addresses the need to relocate
existing recreational facilities at Union Reservoir upon enlargement. C. Activities involving different
water right applications filed by Longmont, at a total cost during the Diligence Period of $259,717.00;
these applications will enhance the yield, utility and efficiency of an enlarged Union Reservoir. D.
Participation in the Windy Gap Water Project/Six Cities project, including a firming project, at a total cost
exceeding $10,000,000.00. The Windy Gap Project enhances the yield, utility and efficiency of an
enlarged Union Reservoir. E. Improvements to the Longmont storm drainage system, of which an
enlarged Union Reservoir is a component, totaling approximately $4,200,000.00. F. Expansion and
improvement of Longmont’s treated water transmission and distribution system, at a total cost exceeding
$685,000.00. G. Annual Water Department budgets during the Diligence Period totaling approximately
$99,222,502.00. H. Annual Wastewater Department budgets during the Diligence Period totaling
approximately $61,924,042.00. I. Making partially absolute, in Case No. 09CW152, rights of
appropriative exchange into Union Reservoir, including its enlargement. J. Expenditures of
approximately $181,381.00 for the Union Reservoir Pumpback Pipeline, which will facilitate Longmont’s
use of water stored in an enlarged Union Reservoir. 5. Name(s) and address(es) of owner(s) or reputed
owners of the land upon which any new diversion or storage structure, or modification to any existing
diversion or storage structure is or will be constructed or upon which water is or will be stored, including
any modification to the existing storage pool: [The application contains a listing of landowners, who will
be notified as required by statute.] WHEREFORE, Longmont respectfully requests that the Court enter a
decree finding reasonable diligence for and continuing in full force and effect the conditional Union
Reservoir Enlargement described in paragraph 3 above.
13CW22 CITY OF ENGLEWOOD 1000 Englewood Parkway, Englewood, CO 80110-0110 (303)
762-2636 Mr. Stewart Fonda, Director of Utilities. APPLICATION FOR SEXTENNIAL FINDING
OF REASONABLE DILIGENCE IN THE South Platte River or its tributaries IN ARAPAHOE,
DOUGLAS AND JEFFERSON COUNTIES, DISTRICT COURT, WATER DIVISION NO. 1,
COLORADO, Weld County Courthouse 901 9th Avenue, P.O. Box 2038, Greeley, CO 80632. David G.
Hill, Ann M. Rhodes, Patrick M. Haines, Benjamin W. Wilson, Berg Hill Greenleaf & Ruscitti LLP, 1712
Pearl Street, Boulder, CO 80302, (303) 402-1600 [email protected]; [email protected];
[email protected]; [email protected] 1. Name, mailing address and telephone number of Applicant
as stated above: Englewood is a municipal corporation of the State of Colorado. Englewood owns and
operates municipal water and sewer utility systems for the benefit of its citizens, and for the provision of
water and sewer service contracts. Englewood filed this Application to obtain findings of reasonable
diligence on the balance of the conditional water rights originally decreed in Case No. 89CW063, Water
Division No. 1, and made partially absolute in Case No. 00CW45, Water Division No. 1. 2. Name of
Structure: McBroom Municipal Intake. Type: Other. 3. Description of Conditional Water Right: 3.1.
Date of Original Conditional Decree and Diligence Decree: March 29, 1994, Case No. 89CW063,
District Court, Water Division No. 1, as amended by decree dated April 8, 2003. 3.2. Subsequent Decrees
Awarding Findings of Diligence: February 7, 2007, Case No. 00CW45, District Court, Water Division
No. 1. 3.3. Legal Description of Point of Diversion: A point on the south side of Bear Creek in the NE
1/4 of Section 6, Township 5 South, Range 68 West of the 6th P.M. The McBroom Ditch headgate which
currently occupies this site is a decreed point of diversion for the McBroom Ditch water right, decreed
February 4, 1884, in Arapahoe County District Court. 3.4. Amount Claimed: 16 cfs TOTAL, with 7.63
cfs ABSOLUTE pursuant to the final decree in Case No. 00CW45, Water Division No. 1, and 8.37 cfs
remaining CONDITIONAL. 3.5. Source: Bear Creek, a tributary of the South Platte River. 3.6.
Appropriation Date: March 20, 1989. 3.7. Beneficial Uses: Direct flow, storage, or direct flow and
storage, for municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns,
and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing,
fire protection, sewage treatment and street sprinkling within the South Platte River drainage in Water
Division No. 1. In addition to the foregoing uses, such water may be used for exchange purposes and for
augmentation purposes. 3.8. Storage Structures: 3.8.1. The four existing ponds at the Englewood
Municipal Golf Course, the combined capacity of which is approximately 50 acre feet. 3.8.2. The gravel
pit lake (a/k/a Centennial Lake), the proposed location and capacity of which are described with
particularity in the decree entered in Case No. 90CW221. 3.8.3. McLellan Reservoir, which is described
with particularity in the decree in Case No. C.A. 3635 in the District Court for Douglas County, the
capacity of which is approximately 6,000 acre feet. 4. Diligence activities directed toward completion of
the appropriation: 4.1. Integrated System: The McBroom Municipal Intake right is a component of the
integrated system that Englewood operates to provide itself and its customers with water for all municipal
purposes. Accordingly, the following listed items represent system wide projects and work that have been
completed or are in the process of being completed during the diligence period pertaining to the
McBroom Municipal Intake. This list is not meant to be exclusive. 4.1.1. Englewood has expended
nearly $400,000 to improve its Allen Filter Plant, which processes the water diverted at the Union Avenue
Intake. Primary improvements included upgrades to the plant's clearwell roof, flocculent and sediment
basins, permanganate feed systems, flow meters, and electrical systems. 4.1.2. Englewood has expended
over $57,000 in connection with designing and erecting a security fence around McLellan Reservoir.
4.1.3. Englewood has also expended over $60,000 on improvements to its metering system at McLellan
Reservoir. 4.1.4. Englewood has expended over $268,000 on water diversion, measurement and
distribution systems improvements. These include improvements to various pumps, flumes, and gulch
improvements. 4.1.5. Englewood is in the process of expending over $3,600,000 on an ultraviolet
disinfection system at the Allen Filter Plant. 4.1.6. Englewood has engaged Martin and Wood Water
Consultants, Inc. to provide engineering services. The purpose of these services was to protect and
enhance Englewood's water rights. 4.2. Project Specific Activities: The following listed items are specific
projects and work that have been completed or are in the process of being completed pertaining in whole
or in part to the McBroom Municipal Intake. This list is not meant to be exclusive. 4.2.1. Englewood has
expended over $20,000 on operating and maintaining the McBroom Ditch, including cleaning the ditch,
repairing monitoring equipment, and recording diversions. 4.2.2. Englewood has acted to prevent storm
water from entering the McBroom Ditch. 4.2.3. Englewood has engaged Martin and Wood Water
Consultants, Inc. to monitor opportunities for making additional amounts of this water right absolute.
4.2.4. Englewood has exercised its McBroom Municipal Intake right at issue herein on numerous
occasions, including January 25-28, 2008 and during January and February of 2010. 4.2.5. Englewood
has participated in numerous Water Court cases to protect and to ensure the quantity and quality of the
water rights decreed to Englewood. WHEREFORE, Englewood respectfully requests that this Court
enter a Finding and Decree of Reasonable Diligence for the McBroom Municipal Intake right continuing
the conditional decrees entered in 89CW063 and 00CW45 in full force and effect.
13CW23 CITY OF ENGLEWOOD 1000 Englewood Parkway, Englewood, CO 80110-0110 (303) 762-
2636 Mr. Stewart Fonda, Director of Utilities. APPLICATION FOR SEXTENNIAL FINDING OF
REASONABLE DILIGENCE in the South Platte River or its tributaries IN ARAPAHOE, DOUGLAS
AND JEFFERSON COUNTIES, DISTRICT COURT, WATER DIVISION NO. 1, COLORADO, Weld
County Courthouse 901 9th Avenue, P.O. Box 2038, Greeley, CO 80632. David G. Hill, Ann M. Rhodes,
Patrick M. Haines, Benjamin W. Wilson, Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder,
CO 80302, (303) 402-1600 [email protected]; [email protected]; [email protected];
[email protected] 1. Name, mailing address and telephone number of Applicant as stated above:
Englewood is a municipal corporation of the State of Colorado. Englewood owns and operates municipal
water and sewer utility systems for the benefit of its citizens, and for the provision of water and sewer
service contracts. Englewood filed this Application to obtain findings of reasonable diligence on the
balance of the conditional water rights originally decreed in Case No. 90CW220, Water Division No. 1,
and made partially absolute in Case No. 00CW45, Water Division No. 1. 2. Name of Structure: Bear
Creek Exchange. Type: Exchange. 3. Description of Conditional Water Right: 3.1. Date of Original
Conditional Decree and Diligence Decree: March 22, 1995, Case No. 90CW220, District Court, Water
Division No. 1. 3.2. Subsequent Decrees Awarding Findings of Diligence: February 7, 2007, Case No.
00CW45, District Court, Water Division No. 1. 3.3. Appropriation Date: June 13, 1990. 3.4. Amount
Claimed: 17.1 cfs TOTAL, with 11.99 cfs ABSOLUTE pursuant to the final decree in Case No.
00CW45, Water Division No. 1, and 5.11 cfs remaining CONDITIONAL. This amount consists of the
fully consumable portion (i.e., up to 1.1 cfs) of Englewood’s water right confirmed by the decree entered
in Case No. 88CW203 and Englewood’s 16 cfs conditional water right confirmed by the decree entered in
Case No. 89CW063, as amended. 3.5. Source: The South Platte River and its tributaries, including Bear
Creek. 3.6. Beneficial Uses: Municipal, domestic, industrial, commercial, irrigation (including watering
of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and
maintenance, manufacturing, fire protection, sewage treatment, street sprinkling, and other beneficial
municipal purposes. In addition, such water may be used for exchange purposes, for replacement of
depletions resulting from use of water from other sources, and for augmentation purposes. 3.7. Points of
Diversion: 3.7.1. Union Avenue Intake, which is located on the right (East) bank of the South Platte
River, in Section 9, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 2300 feet
from the North Section Line and 300 feet from the West Section line of Section 9 (from 1965 USGS 71/2
quadrangle sheet, photorevised in 1980). 3.7.2. Outlet Manifold for City Ditch at Chatfield Reservoir,
whose center line of the outlet conduit intersects the center line of the dam at a point whence the SW
Corner, Section 1, Township 6 South, Range 69 West of the 6th P.M., bears 49 degrees West a distance of
4070 feet. 3.7.3. Dad Clark Gulch at McLellan Reservoir, which is located in Sections 32 and 33 of
Township 5 South, Range 68 West of the 6th P.M., and Section 4 and 5, Township 6 South, Range 68
West of the 6th P.M., with an initial point of survey being a point whence the SE corner of Section 32,
Township 5 South, Range 68 West of the 6th P.M., bears south 71 degrees and 00 minutes East, 2,489.5
feet. 3.7.4. Headgate of the Highline Canal, which is located in Section 33, Township 6 South, Range 69
West of the 6th P.M. 3.8. Substitute Supply: McBroom Municipal Intake Right 3.8.1. Decree Date:
March 29, 1994, Case No. 89CW063, Water Division 1. 3.8.2. Source: Bear Creek, a tributary of the
South Platte River. 3.8.3. Amount: 16 cfs total, with 7.63 cfs absolute pursuant to the final decree in
Case No. 00CW45, Water Division No. 1, and 8.37 cfs conditional. 3.8.4. Appropriation Date: March 20,
1989. 3.8.5. Decreed Use: Direct flow, storage, or direct flow and storage, for municipal, domestic,
industrial, commercial, irrigation (including watering of parks, lawns and grounds), stock watering,
recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, sewage
treatment, street sprinkling, and other beneficial purposes within the South Platte River drainage in Water
Division No. 1. In addition to the foregoing uses, the water may be used for exchange and augmentation
purposes. 3.8.6. Point of introduction of Substitute Supply: the headgate of the McBroom Ditch located
at a point on the south side of Bear Creek in the NE1/4 of Section 6, Township 5 South, Range 68 West
of the 6th P.M. 4. Diligence activities directed toward completion of the appropriation: 4.1. Integrated
System: The Bear Creek Exchange is a component of the integrated system that Englewood operates to
provide itself and its customers with water for all municipal purposes. Accordingly, the following listed
items represent system wide projects and work that have been completed or are in the process of being
completed during the diligence period pertaining to the Bear Creek Exchange. This list is not meant to be
exclusive. 4.1.1. Englewood has expended nearly $400,000 to improve its Allen Filter Plant, which
processes the water diverted at the Union Avenue Intake. Primary improvements included upgrades to
the plant's clearwell roof, flocculent and sediment basins, permanganate feed systems, flow meters, and
electrical systems. 4.1.2. Englewood has expended over $57,000 in connection with designing and
erecting a security fence around McLellan Reservoir. 4.1.3. Englewood has also expended over $60,000
on improvements to its metering system at McLellan Reservoir. 4.1.4. Englewood has expended over
$268,000 on water diversion, measurement and distribution systems improvements. These include
improvements to various pumps, flumes, and gulch improvements. 4.1.5. Englewood is in the process of
expending over $3,600,000 on an ultraviolet disinfection system at the Allen Filter Plant. 4.1.6.
Englewood has engaged Martin and Wood Water Consultants, Inc. to provide engineering services. The
purpose of these services was to protect and enhance Englewood's water rights. 4.2. Project Specific
Activities: The following listed items are specific projects and work that have been completed or are in
the process of being completed pertaining in whole or in part to the Bear Creek Exchange. This list is not
meant to be exclusive. 4.2.1. Englewood has expended over $400,000 improving the Union Avenue
Intake facility, which is a diversion point for the Bear Creek Exchange. 4.2.2. Englewood has expended
over $230,000 to pipe the City Ditch from below Chatfield Reservoir to the City Ditch Pump Station
which carries water to McLellan Reservoir. City Ditch is used to conduct water diverted under this
exchange to the Allen Filter Plant. 4.2.3. Englewood has expended over $1,500 to implement a GIS
mapping system for City Ditch and Harvard Gulch. 4.2.4. Englewood has participated in numerous
Water Court cases to protect and to ensure the quantity and quality of the water rights decreed to
Englewood. WHEREFORE, Englewood respectfully requests that this Court enter a Finding and Decree
of Reasonable Diligence for the Bear Creek Exchange right continuing the conditional decrees entered in
90CW220 and 00CW45 in full force and effect.
13CW24 (04CW274) (94CW150), Evergreen Metropolitan District, 3901 Evergreen Parkway,
Evergreen, CO 80439. Evan D. Ela, Esq., Collins Cockrel & Cole, P.C., 390 Union Blvd., Suite 400,
Denver, CO 80228, (303) 986-1551. APPLICATION FOR FINDINGS OF CONTINUED DILIGENCE
AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS in JEFFERSON COUNTY. 2.
Name of Structures: Hiwan Reservoir No. 8 First Enlargement, Hiwan Reservoir No. 9, Hiwan Reservoir
No. 10, Soda Lakes Reservoirs, Pioneer Union Ditch, Evergreen Reservoir, Evergreen’s Raw Water
Intake Diversion, West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay,
Hiwan Reservoirs No. 1 and 4-7, Bear Creek Reservoir, and Harriman Ditch; 3. Description of the Subject
Water Rights from Prior Decrees: The conditional water storage rights and water substitution and exchange
rights for which findings of perfection and continued diligence are sought were originally decreed by the
Division 1 Water Court in Case No. 94CW150 on October 20, 1998 (“Original Decree”). Portions of the
water substitution and exchange rights were confirmed absolute by the Division 1 Water Court in Case No.
04CW274, decree entered on November 22, 2006, and the balance of conditional rights originally decreed in
Case No. 94CW150 were maintained as viable conditional rights. In that same case, Cooley Reservoir Nos. 1
and 2, as points of exchange to and from, and the Cooley Reservoir – Bear Creek exchange water rights,
which would have used those structures, were abandoned; 4. Description of Conditional Storage Water
Rights from Original Decree: (a) Hiwan Reservoir No. 8 First Enlargement (1) Location: The reservoir
outlet is located at a point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M.,
bears North 42º30’ West, 4480 feet; (2) Amount: 30 acre-feet, CONDITIONAL, at any in-priority fill rate
available because this is an on-channel reservoir; (3) Source: Troublesome Creek; (4) Uses: All beneficial
uses related to the District’s operations including, but not limited to, municipal, domestic, irrigation,
commercial, industrial, mechanical, power generation, fire protection, recreation, fish and wildlife,
replacement, exchange, augmentation, and substitution in aid of the foregoing uses; (5) Appropriation date:
September 7, 1994. (b) Hiwan Reservoir No. 9: (1) Location: The reservoir outlet is located at a point
whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 24º30’ West,
1250 feet; (2) Amount: 70 acre-feet, CONDITIONAL, at any in-priority fill rate available because this is an
on-channel reservoir; (3) Source: Troublesome Creek; (4) Uses: Same as 4(a)(4) above; (5) Appropriation
date: Same as 4(a)(5) above. (c) Hiwan Reservoir No. 10: (1) Location: The reservoir outlet is located at a
point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 32º45’
West, 1930 feet; (2) Amount: 46 acre-feet, CONDITIONAL, at any in-priority fill rate available because this
is an on-channel reservoir; (3) Source: Troublesome Creek; (4) Uses: Same as 4(a)(4) above; (5)
Appropriation date: Same as 4(a)(5) above. 5. Description of Conditional Water Exchange Rights From
Original Decree: At any time when in priority and when a live stream exists between the upstream and
downstream points of exchange described herein, and all intervening water rights senior to September 30,
1980 are satisfied, Evergreen shall be entitled to operate the following exchanges: (a) Soda Lakes – Bear
Creek Exchange; (1) Points of Diversion by Exchange: (i) Evergreen Reservoir; (ii) Evergreen’s Raw Water
intakes from Evergreen Reservoir; (iii) West Jefferson County Metropolitan District Wastewater Treatment
Plant Afterbay on Troublesome Gulch; (iv) The Hiwan Reservoirs Nos. 1 and 4-10 on Troublesome Gulch.
(2) Substitute Supplies and Methods of Release: (i) Water stored in Soda Lakes may be released directly
into the Harriman Ditch as against water that would otherwise have been diverted into the Harriman Ditch
in exchange for diversion of the same amount at the points of diversion named in paragraph 5(a)(1); (ii)
Water stored in Soda Lakes may be released directly into Turkey Creek and conveyed to its confluence
with Bear Creek for exchange up Bear Creek to the points of diversion named in paragraph 5(a)(1); (3)
Amount: Up to 10.0 cfs at Evergreen Reservoir, Evergreen’s Raw Water Intakes, and/or Hiwan Reservoirs
Nos. 1 and 4-10, CONDITIONAL; and up to 0.5 cfs at the West Jefferson County Metropolitan District
Wastewater Treatment Plant Afterbay, CONDITIONAL. (b) Bear Creek Reservoir – Bear Creek Exchange:
(1) Points of Diversion by Exchange: (i) The headgate of the Harriman Ditch; (ii) Evergreen Reservoir; (iii)
Evergreen’s Raw Water intakes from Evergreen Reservoir; (iv) West Jefferson County Metropolitan
District Wastewater Treatment Plant Afterbay on Troublesome Gulch; (v) The Hiwan Reservoirs Nos. 1
and 4-10 on Troublesome Gulch. (2) Substitute Supplies and Methods of Release: (i) Water stored by
Evergreen in Bear Creek Reservoir may be released directly into Bear Creek for exchange up Bear Creek to
the points of diversion named in paragraph 5(b)(1). (3) Amount: Up to 10.0 cfs at Evergreen Reservoir,
Evergreen’s Raw Water Intakes, Harriman Ditch headgate, and/or Hiwan Reservoirs Nos. 1 and 4-10,
CONDITIONAL; and up to 1.5 cfs at the West Jefferson County Metropolitan District Wastewater
Treatment Plant Afterbay, CONDITIONAL. (c) Pioneer Union Ditch – Bear Creek Exchange: (1) Points of
Diversion by Exchange: (i) Bear Creek Reservoir; (ii) Soda Lakes through the Harriman Ditch; (iii)
Evergreen Reservoir; (iv) Evergreen’s Raw Water intakes from Evergreen Reservoir; (v) West Jefferson
County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch; (vi) The
Hiwan Reservoirs Nos. 1 and 4-10 on Troublesome Gulch. (2) Substitute Supplies and Methods of
Release: (i) Water available to Evergreen by its ownership interest in the priorities in the Pioneer Union
Ditch may be left in Bear Creek at the Pioneer Union headgate for exchange up Bear Creek to the points of
diversion named in paragraph 5(c)(1). (3) Amount: Up to 1.235 cfs at all points of diversion described in
paragraph 5(c)(1) above, CONDITIONAL. (d) Hiwan Reservoir Exchanges: (1) Points of Diversion by
Exchange: (i) Hiwan Reservoir No. 1; (ii) Hiwan Reservoir No. 4; (iii) Hiwan Reservoir No. 5; (iv) Hiwan
Reservoir No. 6; (v) Hiwan Reservoir No. 7; (vi) Hiwan Reservoir No. 8; (vii) Hiwan Reservoir No. 9;
(viii) Hiwan Reservoir No. 10. (2) Substitute Supplies and Methods of Release: (1) Water stored by
Evergreen in Hiwan Reservoirs Nos. 1 and 4-10 may be released directly into Troublesome Gulch or its
tributaries and an available like amount will be stored in one or more of the other Hiwan Reservoirs Nos.
1 and 4-10. (3) Amount: The lesser of the amount of the release or the amount of inflow available at any or
all of the reservoirs to which the exchange is being operated, CONDITIONAL. 6. Outline of work done
during the diligence period (October 30, 2004 through November 30, 2012) toward completion of the
appropriation and application of water to beneficial uses as conditionally decreed, including expenditures.
During the relevant diligence period, expenditures on the following projects and activities were made that
benefited the water rights decreed in Case No. 94CW150, further developed the Evergreen’s integrated
water supply system and provided protection of Evergreen’s Bear Creek and Troublesome Creek water
rights: (a) Evergreen made improvements to its Water Treatment Plant, including improvements to the
compressed air system at an approximate cost of $38,800; (b) Evergreen made improvements to its water
collection, transmission and distribution systems, including installation of new tanks, pumps and piping,
replacement of aging water lines, installation of a lake aeration system, installation of hydrants and
additional water meters, and various other system improvements at an approximate cost of $4.6M; (c)
Evergreen expanded and improved the West Jefferson County Metropolitan District Wastewater
Treatment Plant, including expansion of flow-through capacity, radio telemetry instrumentation, new
wastewater taps, replacement of membranes, pipe modifications and enlargement of the collection and
distribution building totaling approximately $3.8 M; (d) Evergreen expended approximately $9,200 for
legal counsel and more than $180,000 for technical consultants and water quality monitoring as necessary
for meeting discharge permit requirements, protection of the quality of water in Bear Creek and
participation in water quality regulatory activities; (e) Evergreen expended, more than $18,740 for
engineering consultants and approximately $118,000 for legal counsel related to planning, analysis, water
accounting and participation in water court matters as necessary for protection of Evergreen’s water
rights. 7. Claims to make portions of the subject water rights absolute: (a) Dates and Amounts: Evergreen
exercised some of the subject exchange water rights at varying flow rates on numerous days in every year of
the diligence period. Below, the days during the relevant diligence period upon which the maximum amounts
were exchanged; (1) On August 31, 2012, Evergreen operated the Pioneer Union Ditch – Bear Creek
Exchange by diverting 1.23 cfs at the West Jefferson County Metropolitan District Wastewater Treatment
Plant Afterbay, and pumping said diversion to Hiwan Reservoir No. 1, in exchange for an equal amount
of water released from Evergreen’s ownership interest in the Pioneer Union Ditch; (2) On July 20, 2012,
Evergreen operated the Soda Lakes – Bear Creek Exchange by diverting 0.59 cfs at the West Jefferson
County Metropolitan District Wastewater Treatment Plant Afterbay, and pumping said diversion to
Hiwan Reservoir No. 1, in exchange for an equal amount of water released from Evergreen’s Soda Lakes
account; (b) Description of place where water was applied to beneficial use: All water diverted by
exchange or stored under the Original Decree as described in paragraph 7(a) above was applied to
beneficial use within Evergreen’s water service area for purposes consistent with the purposes allowed by
the original decree; (c) Amount claimed absolute: The Pioneer Union Ditch – Bear Creek Exchange has
been perfected in the amount of 1.23 cfs for all decreed purposes. Maximum exercise of the Soda Lakes
– Bear Creek exchange did not exceed the absolute rate of 1.0 cfs, and therefore no additional perfection
of that exchange is claimed. 8. To the best of Applicant’s knowledge, information and belief, the owners of
land upon which new storage structures could be constructed or modifications to existing storage structures
could occur as a result of the water rights that are the subject of this application, or upon which the named
points of substitution and exchange are located, are as follows: (a) Land affected by Applicant’s
construction of the enlargement of Hiwan Reservoir No. 8, and of Hiwan Reservoir Nos. 9 and 10, as well
as land upon which Hiwan Reservoir Nos. 1 and 4-8 are located, is owned by the Hiwan Golf Club,
30671 Clubhouse Lane, Evergreen, Colorado 80439; (b) Land upon which the Soda Lakes facilities are
located is owned by the Soda Lakes Company, c/o Denver Water, 1600 West 12th Avenue, Denver,
Colorado 80204-3412; (c) Land upon which the Pioneer Union Ditch point of diversion is located is
owned by the Pioneer Union Ditch Company, c/o City of Lakewood, 480 South Allison Parkway,
Lakewood, Colorado 80226; (d) Land upon which Evergreen Reservoir is located is owned by Denver
Water, 1600 West 12th Avenue, Denver, Colorado 80204-3412; (e) Land upon which Evergreen’s Raw
Water Intake is located is owned by the Applicant; (f) Land upon which the West Jefferson County
Metropolitan District Wastewater Treatment Plant Afterbay is located is owned by the West Jefferson
County Metropolitan District, P.O. Box 112, Evergreen, Colorado 80439-0112; (g) Land upon which
Bear Creek Reservoir is located is owned by the U.S. Army Corps of Engineers, 9307 Colorado State
Highway 121, Littleton, Colorado 80128-6901; (h) Land upon which the Harriman Ditch is located is
owned by the Harriman Ditch Company, c/o Denver Water, 1600 West 12th Avenue, Denver, Colorado
80204-3412. 9 pages
13CW25 Town of Bennett, 355 4th
Street, Bennett, CO 80102-7806, through their attorneys: Petrock &
Fendel, P.C., Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver,
Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE
DILIGENCE AND TO MAKE ABSOLUTE, IN ARAPAHOE COUNTY. 2. Decree Information:
Decreed in Case No. 06CW175 on February 15, 2007. The period of diligence which is the subject of this
application is from the date of decree in Case No. 06CW175 being February 2007. 3. Name of structure:
East Antelope Hills Lake 4. Source of water: storm runoff on an unnamed tributary to Wolf Creek. 5.
Date of appropriation: April 28, 1998. 6. Amount: 38 acre-feet and the right to refill (conditional). 7.
Location of Structure: East Antelope Hills Lake is located on channel in the SW1/4 NW1/4 of Section 13
and the SE1/4 NE1/4 of Section 14, Township 4 South, Range 63 West of the 6th P.M., Arapahoe County.
The Lake is at a point approximately 2,097 feet from the North and 328 feet from the West section lines
of said Section 13. The Lake is lined. 8. Size of Reservoir: 8.1 Surface Area: Approximately 3.5 acres
9. Total Capacity of Reservoir: 9.1 Active Capacity: 38 acre-feet 10. Uses: domestic, commercial,
irrigation, fish and wildlife, recreation, and piscatorial. 11. Place of Use: The subject water right will be
used for the above-described uses at the Antelope Hills Golf Course and additional lands generally
located in Section 14, Township 4 South, Range 63 West of the 6th P.M., Arapahoe County, Colorado.
Following Applicant’s acquisition of the Antelope Hills Golf Course, Applicant intends to develop the
property as an open space area and regional park. APPLICATION TO MAKE ABSOLUTE 12. During
this diligence period, in 2008 and 2009, 38 acre-feet of the conditional water right was diverted and stored
in priority in East Antelope Hills Lake. Between May 4, 2009 and July 20, 2009, 38 acre-feet was put to
the decreed beneficial uses of irrigation, fish and wildlife, recreation, and piscatorial. Subsequently, an
additional 38 acre-feet was diverted and stored in priority in the East Antelope Hills Lake, and 14 acre-
feet was put to the decreed beneficial use of irrigation in July 2011. Therefore, Applicant requests that 38
acre-feet of the conditional water right be made absolute for irrigation, fish and wildlife, recreation, and
piscatorial. In the alternative and if this amount is not made absolute, Applicant requests that a diligence
finding also be made to continue this amount pursuant to the activity described below. In the event that
an additional amount of water stored in priority in the East Antelope Hills Lake is used while this case is
pending, Applicant will claim such additional amount also be made absolute. APPLICATION FOR
FINDING OF REASONABLE DILIGENCE 13. This Application for Finding of Reasonable Diligence is
filed pursuant to the Water Right Determination and Administration Act of 1969, Sec. 37-92-302, C.R.S.
14. During this diligence period, in continuing the development of the conditional water rights, Applicant
has been engaged in the legal defense and protection of said water rights and has been diligent in the
continued use and development of the water rights involved. These activities include, but are not limited
to, the following: 14.1 Applicant diverted and beneficially used water under this right, up to a maximum
of 38 acre-feet of the conditional right. 14.2 Applicant’s consultant prepared the accounting form for the
East Antelope Hills Lake conditional storage water rights. 14.3 Applicant’s consultant prepared an
updated Stage Area Capacity Curve for East Antelope Hills Lake. 14.4 The East Antelope Hills Lake
water pump was switched from generator to electric power. 14.5 Applicant has incurred additional
expenses for legal, consulting, and engineering work related to the project.14.6 During the diligence
period, legal counsel for Applicant has reviewed the resume of applications as published by the Water
Clerk for Water Division 1 and advised Applicant whether Statements of Opposition need to be filed to
protect the water rights. 14.7 The work and expenditures listed above are illustrative and not
exhaustive. Additional work and additional or revised expenditures may be claimed in support of this
application. 15. Names and addresses of owners of land upon which structure for the water right is
located: High Plains Bank, 235 S. Ash Street, Bennett, CO 80102. WHEREFORE, Applicant prays that
this Court enter a decree finding that Applicant has made 38 acre-feet of the conditional water right
absolute, has exercised reasonable diligence in the development of the remaining conditional water rights,
continuing the remaining conditional water right, and for such other and further relief as this Court deems
just and proper in the premises(5 pages).
13CW26 Karen Whitt, 8480 Burning Tree Trail, Franktown, CO 80116 (James J. Petrock, Petrock &
Fendel, 700 17th Street, #1800, Denver, CO 80202), NONTRIBUTARY DENVER, ARAPAHO, AND
LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY, Lot 42, Burning Tree Ranch,
NE1/4SE1/4 and NW1/4SE1/4 of Section 36, T7S, R66W of the 6th P.M., 5 acres, Denver: 1.8 acre-feet;
Arapahoe: 2.3 acre-feet; and Laramie-Fox Hills: 1.4 acre-feet, Domestic, commercial, irrigation,
stockwatering, and augmentation purposes, on and off the Subject Property. Applicant may withdraw this
water in combination with the same type of water and through wells located on other lots in Burning Tree
Ranch which have previously been decreed, including Case Nos. 08CW185, 08CW235, and 08CW464
through 08CW473. (4 pages).
13CW27 Martin Marietta Materials, Inc. (“Martin Marietta”), 2710 Wycliff Road, Raleigh, North
Carolina 27607, Attn: Roselyn R. Bar, Senior Vice President, General Counsel and Corporate Secretary.
Telephone Number: 919-781-4550 APPLICATION FOR FINDING OF REASONABLE
DILIGENCE IN JEFFERSON COUNTY Please send all future correspondence and pleadings to
Applicant's counsel: Wayne F. Forman and Geoffrey M. Williamson, Brownstein Hyatt Farber Schreck,
LLP, 410 Seventeenth Street, Suite 2200, Denver, Colorado 80202-4437. Telephone: 303-223-1100. E-
mail: [email protected] and [email protected]. 2. Name of Structures: Magic Mountain Dam
and Reservoir Enlargement 3. Description of Conditional Water Rights: A. Original Decree: i. Date of
Entry: June 20, 2000 ii. Case No.: 99CW93 iii. Court: Water Division No. 1, Greeley, Colorado B.
Diligence Decree: i. Date of Entry: February 22, 2007 ii. Case No. 06CW142 iii. Court: Water Division
No. 1, Greeley, Colorado C. Legal Description: i. Location of Dam: Magic Mountain Dam and Reservoir
is located such that the southwest corner of its concrete spillway bears north 71 degrees, 20 minutes east,
approximately 933 feet from the south corner of Section 10, T4S, R70W of the 6th P.M., Jefferson
County, Colorado. The dam is located in Jackson Gulch, and it captures and stores water flowing down
Jackson Gulch at a decreed flow rate of 3.0 cfs. A map showing the location of Magic Mountain Dam
and Reservoir and other structures at issue in this Application is attached to the Application as Exhibit 1.
ii. Location of Diversion Points: The Magic Mountain Dam Reservoir is an on-stream reservoir. The
Magic Mountain Dam and Reservoir is also fed by the Lena Gulch Feeder Ditch and the Apex Gulch
Feeder Ditch. The Lena Gulch Feeder Ditch diverts at a point on the west bank of Lena Gulch Creek from
whence the northeast corner of Section 15, T4S, R70W of the 6th P.M. bears north 11 degrees, 0 minutes
east, approximately 2050 feet. The Apex Gulch Feeder Ditch diverts at a point on the south bank of Apex
Gulch Creek from whence the southwest corner of Section 10, T4S, R70W of the 6th P.M., bears south 72
degrees, 40 minutes east, approximately 3480 feet. D. Sources: Lena Gulch, a tributary to Clear Creek;
Apex Gulch, a tributary to Lena Gulch; Jackson Gulch, a tributary to Lena Gulch; and Clear Creek, a
tributary to the South Platte River. E. Date of Appropriation: March 25, 1999. F. Amount: 27 acre-feet,
conditional. The Lena Gulch Feeder Ditch has a decreed flow rate of 2.0 cubic feet per second. The Apex
Gulch Feeder Ditch has a decreed flow rate of 3.0 cubic feet per second. Jackson Gulch has a decreed
flow rate of 3.0 cubic feet per second. The conditional amount covered by this Application is in addition
to the rights decreed in Consolidated Case Nos. 90CW215 and 91CW47. The active capacity of the
reservoir is the entire 147 acre-feet. G. Uses: The uses of water from Magic Mountain Dam and Reservoir
include commercial, domestic, industrial, mining operations, irrigation, reclamation of mined lands, dust
suppression, washed aggregate processing, augmentation, exchange, and replacement of evaporative
losses, all as specifically described in the decree previously entered in Consolidated Case Nos. 90CW215
and 91CW047. 4. Work Done Toward Completion of Appropriation: The Magic Mountain Reservoir
is part of the water supply features associated with the Applicant’s Specification Aggregates Quarry in
Golden, Colorado (the “Spec Agg Quarry,” formerly referred to as the “Golden Quarry” in the previous
decrees). Martin Marietta acquired the Magic Mountain Dam and Reservoir, the subject conditional
water rights, and the water rights and structures for the Spec Agg Quarry from Lafarge West, Inc.
(“Lafarge”) on December 9, 2011. During the relevant diligence period between February 2007 and
February 2013, the Applicant and its predecessor have expended substantial time, effort, and money
analyzing and improving the water supply for the Spec Agg Quarry, including work on the subject Magic
Mountain Reservoir. The activities on which the Applicant relies to support this Application include
engineering analysis of the rights, acquisition of additional sources of supply of augmentation water for
the Spec Agg Quarry, improvement of accounting and record keeping, installation of on-site measuring
devices, and due diligence on and purchase of the Spec Agg Quarry. Among the specific tasks that
demonstrate diligence are the following: According to Lafarge, between 2007 and 2011 Lafarge expended
in excess of $100,000 with the Applegate Group on water supply matters at the Spec Agg Quarry. The
particular tasks performed include but are not limited to preparation and renewal of an SWSP,
improvement of the water accounting system, evaluation of additional substitute water supplies,
negotiating and securing a lease for supplemental replacement water supplies, design and installation of
telemetry to allow remote collection of reservoir inflow data, investigation of improvements to measuring
devices, minimization of depletions, reduction of lease costs, site visits to ensure proper functioning of
measuring devices, and water supply accounting. Since acquiring the Spec Agg Quarry and the subject
conditional right, Martin Marietta personnel, including in-house counsel, engineers, and operations staff,
have spent hundreds of hours addressing issues relating to the development of the Spec Agg Quarry water
rights. Martin Marietta also retained outside counsel and engineers to address these rights. Martin
Marietta’s efforts have included, but are not limited to, the following: (a) Martin Marietta engineering and
operations staff spent over 225 hours analyzing water use and diversions relating to the Spec Agg Quarry,
including the Magic Mountain Dam and Reservoir and associated infrastructure. These efforts included
ensuring adequate operational supplies, reviewing consulting reports, and conferring with outside legal
and engineering staff to determine compliance with existing obligations. In addition, Martin Marietta
obtained re-issuance of the SWSP for the Spec Agg Quarry. (b) In 2012, Martin Marietta paid water
resource consultants Bishop-Brogden Associates approximately $22,600 for engineering work relating to
Spec Agg Quarry water supply issues, including the Magic Mountain Dam and Reservoir. (c) In 2011 and
2012, Martin Marietta paid in excess of $90,000 in legal fees to address issues relating to Magic
Mountain Dam and Reservoir and associated water rights. Martin Marietta paid those legal fees for title
opinion research, negotiations with Molson-Coors for a water lease and extension of an existing lease
between Molson-Coors and Lafarge, evaluation of the decrees in Case Nos. 99CW93, 90CW215, and
91CW47, and assistance with renewing the SWSP for the Spec Agg Quarry. These legal fees also
covered meetings with Lafarge and Martin Marietta personnel to understand the status of Magic Mountain
Dam and Reservoir operations and the water use associated with those operations. (d) From late 2010
through 2011 Martin Marietta paid approximately $20,454.29 in fees to HDR Engineering, Inc. for work
associated with Martin Marietta’s due diligence review of water rights issues associated with the Spec
Agg Quarry. 5. Names(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: Martin Marietta is the successor of interest to LaFarge West,
Inc. and is the current owner of the diversion and storage structures that are the subject of this application,
as well as the land upon which such structures are located. A Notice of Change in Ownership of
Conditional Water Right was filed with the Water Court on January 17, 2012. Wherefore, Martin Marietta
requests that the Court enter a decree finding that Martin Marietta has exercised reasonable diligence in
completing the appropriation and placing the subject conditional water right to beneficial use, and ruling
that the subject conditional water right remains in full force and effect. (5 pages, 1 page exhibit)
13CW28 Martin Marietta Materials, Inc. ("Martin Marietta"), 2710 Wycliff Road, Raleigh, North
Carolina 27607, Attn: Roselyn R. Bar, Senior Vice President, General Counsel and Corporate Secretary.
Telephone Number: 919-781-4550. APPLICATION FOR FINDING OF REASONABLE
DILIGENCE AND TO MAKE ABSOLUTE IN PART IN ADAMS AND JEFFERSON COUNTIES
Please send all future correspondence and pleadings to Applicant's counsel: Wayne F. Forman and
Geoffrey M. Williamson, Brownstein Hyatt Farber Schreck, LLP, 410 Seventeenth Street, Suite 2200,
Denver, Colorado 80202-4437. Telephone: 303-223-1100. E-mail: [email protected] and
[email protected]. 2. Name of Structures: A. Magic Mountain Dam and Reservoir. B. Fisher
Ditch, Kershaw Ditch, and Manhart Ditch Exchanges. 3. Description of Conditional Water Rights: A.
Original Decree: i. Date of Entry: June 17, 1993 ii. Case No.: Consolidated Case Nos. 90CW215 and
91CW47 iii. Court: Water Division No. 1, Greeley, Colorado B. First Diligence Decree: i. Date of Entry:
June 20, 2000 ii. Case No.: 99CW94 iii. Court: Water Division No. 1, Greeley, Colorado C. Second
Diligence Decree: i. Date of Entry: February 22, 2007 ii. Case No.: 06CW143 iii. Court: Water Division
No. 1, Greeley, Colorado D. Legal Description of Structures: i. Magic Mountain Dam and Reservoir is
located such that the southwest corner of its concrete spillway bears north 71 degrees, 20 minutes east,
approximately 933 feet from the south corner of Section 10, T4S, R70W of the 6th P.M., Jefferson
County, Colorado. The dam is located in Jackson Gulch, and it captures and stores water from Jackson
Gulch at a decreed flow rate of 3.0 cfs. ii. The Lena Gulch Feeder Ditch will feed the Magic Mountain
Dam and Reservoir and diverts at a point on the west bank of Lena Gulch Creek from whence the
northeast corner of Section 15, T4S, R70W of the 6th P.M., bears north 11 degrees, 0 minutes east,
approximately 2050 feet. The decreed flow rate of said feeder ditch is 2.0 cubic feet per second. iii. The
Apex Gulch Feeder Ditch fills the Magic Mountain Dam and Reservoir and diverts at a point on the south
bank of Apex Gulch Creek from whence the southwest corner of Section 10, T4S, R70W of the 6th P.M.,
bears south 72 degrees, 40 minutes east, approximately 3480 feet. The decreed flow rate of said feeder
ditch is 3.0 cubic feet per second. iv. The Fisher Ditch Exchange has a downstream terminus located at
the headgate the Fisher Ditch, which diverts on the south bank of Clear Creek in the NW1/4 NW1/4 of
Section 17, T3S, R68W, of the 6th P.M., Adams County, Colorado, approximately 60 feet east and 200
feet south of the northwest corner of said Section 17, and for which the decreed point of diversion is in
the SW1/4 of Section 8, T3S, R68W, of the 6th P.M., Adams County, Colorado. (See decree in Case No.
89CW132). The upstream terminus of the Fisher Ditch Exchange is at Magic Mountain Dam and
Reservoir, and the diversion points for the Lena Gulch Feeder Ditch and the Apex Gulch Feeder Ditch, all
specifically described above. v. The Kershaw Ditch Exchange has a downstream terminus located at the
headgate of the Kershaw Ditch, which is decreed to divert from the north bank of Clear Creek at the
center of the SE1/4 of Section 7, T3S, R68W, of the 6th P.M., Adams County, Colorado (see decree in
Case No. 86CW398), but which is actually located in the NW1/4 of Section 18, T3S, R68W, of the 6th
P.M., Adams County, Colorado. The upstream terminus of the Kershaw Ditch Exchange is at Magic
Mountain Dam and Reservoir, and the diversion points for the Lena gulch feeder Ditch and the Apex
Gulch feeder Ditch, all specifically described above. vi. The Manhart Ditch Exchange has a downstream
terminus located at the headgate of the Manhart Ditch, which diverts on the north bank of Ralston Creek
in the SW1/4 of Section 12, T3S, R69W, of the 6th P.M., Adams County, Colorado, and continues down
Ralston Creek to its confluence with Clear Creek. The upstream terminus of the Manhart Ditch Exchange
is at Magic Mountain Dam and Reservoir, and the diversion points for the Lena Gulch Feeder Ditch and
the Apex Gulch Feeder Ditch, all specifically described above. E. Source: Lena Gulch, a tributary to Clear
Creek, Apex Gulch, a tributary to Lena Gulch, Jackson Gulch, a tributary to Lena Gulch and Clear Creek,
a tributary to the South Platte River. F. Appropriation Date: The appropriation date for the water storage
rights for Magic Mountain Dam and Reservoir is December 28, 1990. The appropriation date for the
Fisher Ditch, Kershaw Ditch, and Manhart Ditch Exchanges is December 28, 1990. G. Amount: The
amount of water appropriated for the water storage rights for Magic Mountain Dam and Reservoir is 120
acre feet. The Lena Gulch Feeder Ditch has a decreed flow rate of 2.0 cfs. The Apex Gulch Feeder Ditch
has a decreed flow rate of 3.0 cfs. Jackson Gulch has a decreed flow rate of 3.0 cfs. The maximum flow
rate decreed for the Fisher Ditch Exchange is 0.53 cubic feet per second. The maximum flow rate
decreed for the Kershaw Ditch Exchange is 0.08 cubic feet per second. The maximum flow rate decreed
for the Manhart Ditch Exchange is 0.05 cubic feet per second. H. Use: Commercial, domestic, industrial,
mining operations, irrigation, reclamation of mined lands, dust suppression, washed aggregate processing,
augmentation, exchange and replacement of evaporative losses, all as specifically described in the decree
entered in Consolidated Case Nos. 90CW215 and 91CW047. 4. Work Done Toward Completion of
Appropriation: The Magic Mountain Reservoir and the subject exchanges are part of the water supply
features associated with the Applicant’s Specification Aggregates Quarry, referred to in the original
decrees in Consol. Case Nos. 90CW215 and 91CW47 as the Golden Quarry and referred to in this
Application as the “Spec Agg Quarry.” Martin Marietta acquired the Magic Mountain Dam and
Reservoir, the subject conditional water rights, and the water rights and structures for the Spec Agg
Quarry from Lafarge West, Inc. (“Lafarge”) on December 9, 2011. A map showing the location of the
Spec Agg Quarry is attached to the Application as Exhibit 1. During the relevant diligence period
between February 2007 and February 2013, the Applicant and its predecessor have expended substantial
time, effort, and money analyzing and improving the water supply for the Spec Agg Quarry, including
work on the subject Magic Mountain Reservoir. In addition, Martin Marietta is seeking to make absolute
a portion of the conditional water storage right as described below. The activities on which the Applicant
relies to support this Application include engineering analysis of the rights, acquisition of additional
sources of supply of augmentation water for the Spec Agg Quarry, improvement of accounting and record
keeping, installation of on-site measuring devices, and due diligence on and purchase of the Spec Agg
Quarry. Among the specific tasks that demonstrate diligence are the following: According to Lafarge,
between 2007 and 2011 Lafarge expended in excess of $100,000 with the Applegate Group on water
supply matters at the Spec Agg Quarry. The particular tasks performed include but are not limited to
preparation and renewal of an SWSP, improvement of the water accounting system, evaluation of
additional substitute water supplies, negotiating and securing a lease for supplemental replacement water
supplies, design and installation of telemetry to allow remote collection of reservoir inflow data,
investigation of improvements to measuring devices, minimization of depletions, reduction of lease costs,
site visits to ensure proper functioning of measuring devices, and water supply accounting. Since
acquiring the Spec Agg Quarry and the subject conditional rights, Martin Marietta personnel, including
in-house counsel, engineers, and operations staff, have spent hundreds of hours addressing issues relating
to the development of the Spec Agg Quarry water rights. Martin Marietta also retained outside counsel
and engineers to address these rights. Martin Marietta’s efforts have included, but are not limited to, the
following: (a) Martin Marietta engineering and operations staff spent over 225 hours analyzing water use
and diversions relating to the Spec Agg Quarry, including the Magic Mountain Dam and Reservoir and
associated infrastructure. These efforts included ensuring adequate operational supplies, reviewing
consulting reports, and conferring with outside legal and engineering staff to determine compliance with
existing obligations. In addition, Martin Marietta obtained re-issuance of the SWSP for the Spec Agg
Quarry. (b) In 2012, Martin Marietta paid water resource consultants Bishop-Brogden Associates
approximately $22,600 for engineering work relating to Spec Agg Quarry water supply issues, including
the Magic Mountain Dam and Reservoir. (c) In 2011 and 2012, Martin Marietta paid in excess of $90,000
in legal fees to address issues relating to Magic Mountain Dam and Reservoir and associated water rights.
Martin Marietta paid those legal fees for title opinion research, negotiations with Molson-Coors for a
water lease and extension of an existing lease between Molson-Coors and Lafarge, evaluation of the
decrees in Case Nos. 99CW93, 90CW215, and 91CW47, and assistance with renewing the SWSP for the
Spec Agg Quarry. These legal fees also covered meetings with Lafarge and Martin Marietta personnel to
understand the status of Magic Mountain Dam and Reservoir operations and the water use associated with
those operations. (d) From late 2010 through 2011 Martin Marietta paid approximately $20,454.29 in fees
to HDR Engineering, Inc. for work associated with Martin Marietta’s due diligence review of water rights
issues associated with the Spec Agg Quarry, including the subject conditional water rights. 5. Claim to
Make Partially Absolute A. Magic Mountain Dam and Reservoir During the diligence period, Martin
Marietta’s predecessor Lafarge stored in-priority water in Magic Mountain Dam and Reservoir and
beneficially used that water. Specifically, during the 2010 Water Year, Lafarge diverted and stored a total
of 116.11 acre-feet of water from Jackson Gulch and the Apex Gulch Feeder Ditch. The maximum
storage inflow rate of 2.97 cfs occurred in May 2010, with 2.02 cfs of that amount from the Apex Gulch
Feeder Ditch and 0.95 cfs from Jackson Gulch. A table demonstrating these diversions is attached to the
Application as Exhibit 2.During and following the storage of this volume of water, from Water Year 2010
through Water Year 2012 Lafarge applied the water to beneficial use for industrial uses at the Spec Agg
Quarry and to replace evaporative losses. Therefore, all of the water stored during Water Year 2010 was
placed to beneficial use in accordance with the terms of the conditional decree in this case. Martin
Marietta now claims to make 116.11 acre-feet of the 120 acre-feet of storage available under this right
absolute, with the remaining 3.89 acre-feet remaining conditional. Martin Marietta also seeks to make
2.02 cfs of the conditionally-decreed flow rate of the Apex Gulch Feeder Ditch absolute, with the
remaining 0.98 cfs remaining conditional, and 0.95 cfs of the conditionally-decreed flow rate of Jackson
Gulch absolute, with the remaining 2.05 cfs remaining conditional. The Spec Agg Quarry is located
located in Section 15 and the south one-half of Section 10, T4S, R70W, 6th P.M. B. Fisher Ditch
Exchange Also during the diligence period, Martin Marietta’s predecessor Lafarge exercised the
exchange of Fisher Ditch water up to Magic Mountain Dam and Reservoir. Specifically, during the 2009
Water Year, Lafarge exchanged water diverted from the Jackson Gulch and Apex Gulch Feeder Ditch
into Magic Mountain by releasing in-priority water at the Fisher Ditch headgate. On May 1, 2009,
Lafarge exercised the exchange at a rate of 0.53 cfs. A table demonstrating these diversions is attached to
the Application as Exhibit 3. MMM now claims to make the entire 0.53 cfs of the Fisher Ditch Exchange
absolute. The location of this exchange reach is shown on Exhibit 1 attached to the Application. 6.
Names(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: Martin Marietta is the successor of interest to LaFarge West, Inc. and is the current
owner of the diversion and storage structures that are the subject of this application, as well as the land
upon which such structures are located. A Notice of Change in Ownership of Conditional Water Right
was filed with the Water Court on January 17, 2012. Wherefore, Martin Marietta requests that the Court
enter a decree finding that Applicant has exercised reasonable diligence in completing the appropriations
and placing the subject conditional water rights to beneficial use, making partially absolute the subject
rights as described above and ruling that the balance of the subject conditional water rights remain in full
force and effect. If the Court denies the request to make absolute, Martin Marietta requests that the
entirety of the subject conditional water rights be continued in full force and effect. (7 pages, 3 pages
exhibits)
AMENDMENTS
06CW40 - COLORADO WATER NETWORK (“CWN”), and EAST CHERRY CREEK VALLEY
WATER AND SANITATION DISTRICT (“ECCV”), (c/o Tod J. Smith, The Law Office of Tod J.
Smith, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302 (Attorney for CWN); and William B.
Tourtillott, Brian M. Nazarenus, Sheela S. Stack, and Susan M. Ryan, RYLEY CARLOCK & APPLEWHITE,
1700 Lincoln Street, Suite 3500, Denver, Colorado 80203 (Attorneys for ECCV)). FIRST AMENDED
APPLICATION FOR CHANGE OF WATER RIGHTS, IN ADAMS, ARAPAHOE, DENVER,
DOUGLAS, ELBERT, LARIMER, MORGAN AND WELD COUNTIES 2. Introduction. By this
Amended Application, Applicants seek to amend and replace the original Application as set forth below.
2.1. Background. On December 15, 2009, Arapahoe County Water and Wastewater Authority
(“ACWWA”), the United Water and Sanitation District (“United”), and ECCV entered an
Intergovernmental Agreement (“IGA”) to provide for ACWWA’s participation with ECCV and United in
an integrated system for the diversion, accretion, collection, storage, transmission, and treatment of their
water rights. The integrated system, which is also referred to as the Water Supply Project or the Northern
Project, is designed to provide ECCV and ACWWA with a long-term, sustainable municipal water supply
for their respective service areas located in Arapahoe and Douglas Counties, Colorado. A map of
ECCV’s service area is attached as Exhibit 1. CWN is an affiliate of United and has purchased water
rights for the benefit of ECCV. 2.2. Decreed Components of the Water Supply Project. The Water Court
has previously decreed various components of the Water Supply Project for ECCV and United’s use:
2.2.1. In Case No. 02CW403, the Water Court approved a plan for augmentation (“ECCV Augmentation
Plan”) for ECCV’s Upper Beebe Draw wellfield (“ECCV Well Field”), as described in paragraph 15.1 of
that Decree. The ECCV Augmentation Plan allowed for the addition of wells to the augmentation plan
and for the use of additional sources of substitute supply to replace the out-of-priority depletions resulting
from pumping the ECCV Well Field. 2.2.2. In Case Nos. 02CW404 and 03CW442, the Water Court
approved the addition of six (6) wells to the ECCV Well Field, additional sources of replacement water to
the ECCV Augmentation Plan approved in Case No. 02CW403, and a recharge project in the Beebe Draw
(the “Beebe Draw Recharge Project”). The Water Court also approved a plan for augmentation to replace
the out-of-priority depletions created by the pumping of wells located on 70 Ranch (“70 Ranch
Augmentation Plan”) and a recharge project on 70 Ranch (“70 Ranch Recharge Project”). 2.3. Pending
Water Court Cases. There are several pending water court cases to decree various components of the
Water Supply Project. 2.3.1. Case No. 10CW306. The pending Application in Case No. 10CW306 seeks
to adjudicate and confirm ACWWA’s participation in the following components of the Water Supply
Project: the ECCV Augmentation Plan, the 70 Ranch Augmentation Plan, the Beebe Draw Recharge
Project, and the 70 Ranch Recharge Project. The Application in Case No. 10CW306 has been amended
to conform to the Decree entered in Case Nos. 02CW404 and 03CW442. 2.3.2. Consolidated Case Nos.
11CW285, 09CW283, and 07CW335. United and ECCV are Co-Applicants in pending Case No.
11CW285, in which they claim appropriative rights of exchange for a stream reach (i) below the Fort
Morgan Canal headgate to the exchange reach previously decreed in Case Nos. 02CW404 and 03CW442
and (ii) from the confluence of the South Platte River and the St. Vrain River up to the St. Vrain Pipeline
Diversion which is the subject of the application in Case No. 07CW335. These additional exchange
reaches will assist in assuring delivery of water to the ECCV Well Field for delivery to ECCV’s service
area. Case Nos. 09CW283 and 07CW335 have been consolidated with Case No. 11CW285 for all pre-
trial and trial purposes. 2.3.3. Consolidated Case No. 10CW312 and 11CW280. ECCV is an Applicant
in pending Case No. 11CW280, in which it seeks a conditional water storage in United Reservoir No. 3,
Barr Lake, and Gilcrest Reservoir, as well as an appropriative right of exchange. Case No. 11CW280 was
consolidated with 10CW312 for all pre-trial and trial purposes. 2.4. The purpose of this Amended
Application is to change the use of the decreed water rights associated with CWN and ECCV’s shares in
the Greeley Irrigation Company (“GIC”) that were acquired by CWN and ECCV for ECCV’s use as a
source of substitute supply for the ECCV Augmentation Plan decreed in Case No. 02CW403, Beebe
Draw Recharge Project, 70 Ranch Augmentation Plan, 70 Ranch Recharge Project, and the South Platte
River Exchanges adjudicated in Case Nos. 02CW404 and 03CW442. In addition, the subject water rights
will be used as a source of substitute supply for the exchanges claimed for ECCV in consolidated Case
Nos. 07CW335, 09CW283, and 11CW285, as source of substitute supply for the plans for augmentation
and recharge projects claimed in Case No. 10CW306, and for storage in United Reservoir No. 3, Gilcrest
Reservoir, and Barr Lake. The purpose of this Amended Application is to (a) include ECCV’s 2.722 GIC
shares in this change Application, bringing the total number of shares to be changed to 5.472 out of 519.7
outstanding shares of stock in GIC, and (b) to make the changes in use sought in this change Application
consistent with the Decrees entered in Case Nos. 02CW403, 02CW404 and 03CW442, and the claims
pending in Case No. 10CW306. 3. Decreed Water Right for Which Change is Sought. Applicants seek
to change the use of 5.472 shares out of 519.7 outstanding shares of stock in GIC, as represented by Stock
Certificate Nos. 3330 and 3370 (the “Subject Water Rights”). 4. Structures and Water Rights Associated
with the Shares. 4.1. Greeley Canal No. 3. GIC owns a 5/8 interest in the Greeley Canal No. 3. The
remaining 3/8 interest is owned by the City of Greeley. 4.1.1. Previous Decrees. Case No. 320, Water
District No. 3, Larimer County District Court, decreed April 11, 1882. 4.1.2. Decreed Point of
Diversion. Located on the south side of the Cache la Poudre River in the NW1/4 of the SE1/4 of Section
32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.1.3. Source. Cache la
Poudre River. 4.1.4. Appropriation Dates and Amounts.
Date Amount
April 1, 1870 52.00 cfs
October 1, 1871 41.00 cfs
July 15, 1872 63.13 cfs
May 15, 1873 16.67 cfs
4.2. Fossil Creek Reservoir. GIC owns 60 preferred rights in the Fossil Creek Reservoir. 4.2.1.
Previous Decrees. Case No. 1591, Larimer County District Court, Water District 3, Water Division No.
1, State of Colorado, decreed December 9, 1904, revised on October 28, 1909; Case No. 2031, Larimer
County District Court, Water District 3, Water Division No. 1, State of Colorado, decreed April 22, 1922;
Case No. 11217, Larimer County District Court, Water District 3, Water Division No. 1, State of
Colorado, decreed September 10, 1953. 4.2.2. Decreed Location and Points of Diversion. Fossil Creek
Reservoir is located in portions of Sections 9, 10, 15, 16, and 17, Township 6 North, Range 68 West of
the 6th P.M., Larimer County, Colorado. 4.2.3. Sources. Cache la Poudre River and its tributaries,
Fossil Creek, and waste and seepage water. 4.2.4. Appropriation Dates and Amounts.
Date Amount
March 5, 1901 12,052 acre feet
June 1, 1904 (first enlargement) 1,545 acre feet
March 5, 1901 (second filling) 12,052 acre feet
Exhibits 2 and 3 contain “Structure Summary Reports” prepared by the State concerning the Greeley
Canal No. 3 and the Fossil Creek Reservoir, which contain diversion records for said structures. 5.
Historical Use. 5.1. The historical use of Applicants’ GIC shares was previously quantified and decreed
as part of a ditch-wide analysis in Case No. 96CW658, Water Division No. 1. The change in use of the
Applicants’ GIC shares is based on the ditch-wide analysis decreed in Case No. 96CW658. The
Applicants’ shares were historically used to irrigate the lands depicted in Exhibit 4 and as set forth
below:
Current
Cert. No.
Issue Date Shares GIC Farm ID
3330 March 8, 2006 0.250 W-27
3330 March 8, 2006 1.000 E-43b
3330 March 8, 2006 1.000 E-67d
3330 March 8, 2006 0.500 E-36
3370 April 26, 2012 2.722 Floating
6. Proposed Change of Use of the Subject Water Rights. The Applicants seek to use the historical
consumptive use portion of the Subject Water Rights as follows: 6.1. Change in Type of Use. 6.1.1.
ECCV seeks to use the Subject Water Rights directly or as a source of substitute supply for the ECCV
Augmentation Plan decreed in Case No. 02CW403 for pumping water for delivery to ECCV’s service
area from the ECCV Well Field. ECCV will follow the procedures in paragraph 19 of the decree in Case
No. 02CW403 and paragraph 25.5 of the decree entered in Case Nos. 02CW404 and 03CW442 to add the
Subject Water Rights as an additional source of replacement supply. 6.1.2. ECCV seeks to use the
Subject Water Rights for delivery to recharge in the Beebe Draw pursuant to the terms and conditions of
the decree in Case Nos. 02CW404 and 03CW442. ECCV will follow the procedures in paragraph 19 of
the decree in Case No. 02CW403 and paragraph 15.4 of the decree in Case Nos. 02CW404 and 03CW442
to include the Subject Water Rights as an additional source of recharge water. 6.1.3. ECCV seeks to use
the Subject Water Rights as a source of substitute supply for the appropriative right of exchange decreed
in Case Nos. 02CW404 and 03CW442, and sought in the Application filed by United and ECCV, as it
may be amended, in Case No. 11CW285, and by United in Case No. 07CW335. 6.1.4. ECCV seeks to
store and exchange the Subject Water Rights in Barr Lake, United Reservoir No. 3, and Gilcrest
Reservoir as claimed in Case No. 11CW280. 6.1.5. ECCV seeks to use the Subject Water Rights directly
or as a source of substitute supply for the 70 Ranch Augmentation Plan decreed in Case Nos. 02CW404
and 03CW442, and as claimed in the Amended Application in Case No. 10CW306. The Applicants will
follow the procedures in paragraph 25.6.1. of the decree in Case Nos. 02CW404 and 03CW442 to add the
Subject Water Rights as an additional source of replacement supply. 6.1.6. For all municipal uses,
including but not limited to domestic, mechanical, manufacturing, commercial, industrial, exchange,
augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply,
including further exchange with other water systems and with other water users, and for all other
beneficial uses within the service areas of ECCV, as it now exists or may exist in the future. 6.1.7. In
addition to the uses described in paragraphs 6.1.1. through 6.1.6. above, ECCV claims the right, once all
return flow obligations have been satisfied, to use, reuse, successively use and dispose of, by sale,
exchange, augmentation, or otherwise, to extinction all consumptive use water exchanged, lawfully
diverted and/or impounded pursuant to the decree entered in this case. 6.2. Change in Place of Use.
ECCV seeks to use the water attributable to the Subject Water Rights on lands within ECCV’s present
and future service area. 7. Delivery of the Subject Water Rights. Applicants will take delivery of their
pro-rata share of river headgate diversions through the Greeley No. 3 Canal and return the depletive
portion and surface water returns via: (1) the F Street structure, (2) the 23rd Avenue structure, (3) the 16th
Street structure, or (4) any other structure approved by GIC, and that GIC will reasonably determine the
point of delivery. GIC will determine the delivery location for return flow and augmentation purposes at
any given time based on operation of the ditch, with consideration being given to the delivery location
requested by the shareholder and the needs of GIC and its shareholders. Deliveries of return flows and
augmentation water will be coordinated with the River Commissioner. 8. Return Flow Obligations.
Applicants shall meet their winter return flow obligations for the Subject Water Rights by any of the
following means: 8.1. Applicants may leave the return flow portion of their diversion entitlement from
the Subject Water Rights in the Cache la Poudre River or the South Platte River. 8.2. Applicants may
release water from ECCV’s storage account in United Reservoir No. 3, from Gilcrest Reservoir, or from
Barr Lake. 8.3. Applicants may deliver water from recharge facilities to be constructed along the Greeley
No. 3 Canal. Use of any recharge facilities on the Greeley No. 3 Canal is contingent upon obtaining the
approval of GIC and the owners of the structures and shall be made pursuant to the operating policies and
procedures of GIC. 8.4. Applicants may deliver water from recharge facilities to be constructed along the
Cache la Poudre River and/or the South Platte River. 8.5. Applicants may deliver water from recharge
accretions from the Beebe Draw and 70 Ranch recharge facilities decreed in Case Nos. 02CW404 and
03CW442 and claimed in Case No. 10CW306. 8.6. Applicants may deliver water from recharge through
facilities owned and operated by the Central pursuant to an agreement between Applicants and Central.
8.7. Applicants may deliver water from other fully consumable sources owned or controlled by the
Applicants or any other available sources so long as the sources are decreed for augmentation purposes by
the Water Court, or approved for replacement use under a Substitute Water Supply Plan approved by the
State Engineer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes, or
successor statutes, or are otherwise lawfully available for such use. 9. Methodology. The Applicants
will quantify the historical consumptive use under their shares subject to this Amended Application based
upon the ditch wide analysis as decreed by the Court in Case No. 96CW658. The decree in that case
found that the average annual consumptive use per share under the GIC system was 10.31 acre feet. The
Applicants will quantify their historical return flow obligations based upon the decree in Case No.
96CW658. The dry-up acreage associated with the shares will also be based on the decreed in Case No.
96CW658 and in accordance with the policies of GIC. 10. Integrated System. The Subject Water Rights
will be used pursuant to, and in accordance with the applicable terms and conditions of the plans for
augmentation, exchanges, and recharge projects decreed in Case Nos. 02CW403, 02CW404 and
03CW442, and any applicable terms and conditions contained in the decrees entered in pending Case Nos
10CW306, 11CW280, 11CW285, and 07CW335. Augmentation use of the Subject Water Rights shall be
made only under and in compliance with the terms and conditions of any applicable decree or Substitute
Water Supply Plan approved by the State Engineer pursuant to sections 37-92-308 or 37-92-309 of the
Colorado Revised Statutes, or successor statutes. 11. Bylaw Approval. The consumptive use portion of
the Subject Water Rights will not be used as a replacement supply in any plan for augmentation, decreed
exchange, or recharge project until the Applicants complete GIC’s legally applicable requirements and
procedures regarding approval of a change of water rights. This paragraph shall not prevent the
Applicants from using the shares as a part of a Substitute Water Supply Plan approved by the State
Engineer pursuant to section 37-92-308 or 37-92-309 of the Colorado Revised Statutes, or successor
statutes. 12. General Location Map. A map, generally showing the relationship of the area encompassed
by the claims in this Application is attached as Exhibit 5. 13. Name(s) and address(es) of owner(s) of
land on which structure is or will be located, and upon which water is or will be stored. The Greeley
Canal No. 3 is owned by the Greeley Irrigation Company, whose address is 3005 W. 29th Street, Greeley,
Colorado 80631. WHEREFORE, Applicants respectfully request that the Court enter a Decree granting
the change of water rights and for such other relief, which it deems proper.
07CW96 Hoshiko Farms, Inc. (“Hoshiko” or “Applicant”), c/o Dennis J. Hoshiko, P.O. Box 119,
Kersey, CO 80644, (970) 330-8780. THIRD AMENDED APPLICATION FOR APPROVAL OF
CHANGE OF WATER RIGHTS IN WELD COUNTY. Future correspondence and pleadings to:
Donald E. Frick, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525,
(970) 407-9000. The original application in this matter was filed on May 9, 2007 (“Original
Application”), and amendments to the Original Application were filed on February 20, 2009 (“First
Amendment”), and March 9, 2011 (“Second Amendment”). The Original Application as amended by the
First Amendment and the Second Amendment is unchanged by this Third Amended Application except to
the extent specifically set forth below. 1. Section 3.C of the Original Application sets forth the shares in
the Greeley Irrigation Company (“GIC”) which are the subject of the requested change of water rights.
Applicant has since acquired 4.0 additional shares in the GIC which were not included in the Original
Application, the First Amendment or the Second Amendment. The Original Application is hereby
amended so as to seek approval of a change of the water rights represented by the ownership of the
following shares in the GIC to the uses stated in the Original Application (a map showing the historical
use of the water rights and diversion records for the Greeley Canal No. 3 were included with the Original
Application):
Current Issue GIC 96CW658
Cert. No. Date Shares Farm ID Table
3275 9/29/2004 1.000 E-109c C
3291 8/24/2005 1.000 E-46 A
3253 4/21/2003 1.000 E-56 A
3254 4/21/2003 1.000 A
3310 11/29/2006 1.000 A
3307 9/27/2006 1.000 E-88 A
3246 3/11/2003 2.000 E-90b A
3299 3/8/2006 1.000 floating D
3323 7/30/2008 0.500 floating D
3297 11/30/2005 0.500 W-22 A
3326 9/24/2008 1.000 E-94a A
3328 12/3/2008 1.000 E-42 A
3227 8/29/2002 1.000 E-92
3336 4/17/2009 4.500 A
3349 7/29/2010 2.000
3337 4/17/2009 2.000 E-52 A
3366 2/13/2012 4.000
3348 7/29/2010 1.000 E-105 A
2. This Third Amendment is being filed with the court after the Applicant received approval with
conditions from Greeley Irrigation Company (GIC), pursuant to Article X of GIC’s bylaws. Applicant
acknowledges and agrees that the GIC shares in the Original Application and the shares in the third
Amended Application are subject to the terms and conditions imposed by GIC, including the
requirements of Article X of GIC’s bylaws and the GIC Transfer and Change of Use Policies. In all other
respects, the Original Application remains as published.
10CW318 CHERRY CREEK PROJECT WATER AUTHORITY, c/o Pat Mulhern, Mulhern MRE,
Inc., 2 Inverness Drive East, Suite 200 Englewood, CO 80112, Attorneys: Gabriel Racz, Leila C.
Behnampour, Vranesh and Raisch, LLP, 1720 14th Street, Suite 200, Boulder, Colorado 80302, 303-443-
6151. FIRST AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS,
CONDITIONAL UNDERGROUND AND STORAGE WATER RIGHTS, APPROPRIATIVE
RIGHTS OF EXCHANGE, AND APPROVAL OF PLAN FOR AUGMENTATION in DOUGLAS
AND ARAPAHOE COUNTIES. The Division No. 1 Water Court accepted the First Amended
Application. The Application in Case No. 10CW318 is hereby amended as follows: 2.2.1.1.36 Walker
Reservoir Well No. 15W: SE1/4 NW1/4 of Section 22, T7S, R66W, 6th P.M., Douglas County, Colorado,
1800 feet from the North line and 1800 feet from the West line. 2.2.1.1.37 Walker Reservoir Well No.
16W: SE1/4 NW1/4 of Section 22, T7S, R66W, 6th P.M., Douglas County, Colorado, 2300 feet from the
North line and 1800 feet from the West line. 2.2.1.1.38 Walker Reservoir Well No. 17W: NE1/4 SW1/4
of Section 22, T7S, R66W, 6th P.M., Douglas County, Colorado, 2500 feet from the South line and 1950
feet from the West line. 2.2.1.1.39 Walker Reservoir Well No. 31W: NW1/4 SE1/4 of Section 34, T7S,
R66W, 6th P.M., Douglas County, Colorado, 1800 feet from the South line and 2350 feet from the East
line. 2.2.1.5 Liberty Village Wells (proposed). 2.2.1.5.1 Liberty Village Well No. 1. SW1/4 SW1/4
of Section 22, T7S, R66W, 6th P.M., Douglas County, Colorado, 1280 feet from the South line and 800
feet from the West line. 2.2.1.5.2 Liberty Village Well No. 2. SW1/4 SW1/4 of Section 22, T7S, R66W,
6th P.M., Douglas County, Colorado, 800 feet from the South line and 1000 feet from the West line.
2.2.1.5.3 Liberty Village Well No. 3. SW1/4 SW1/4 of Section 22, T7S, R66W, 6th P.M., Douglas
County, Colorado, 300 feet from the South line and 700 feet from the West line. 2.2.1.5.4 Liberty Village
Well No. 4. NW1/4 NW1/4 of Section 27, T7S, R66W, 6th P.M., Douglas County, Colorado, 550 feet
from the North line and 1100 feet from the West line. 2.2.1.5.5 Liberty Village Well No. 5. NW1/4 NW
1/4 of Section 27, T7S, R66W, 6th P.M., Douglas County, Colorado, 1100 feet from the North line and
1300 feet from the West line. 2.2.1.5.6 Liberty Village Well No. 6. NE1/4 NW1/4 of Section 27, T7S,
R66W, 6th P.M., Douglas County, Colorado, 1150 feet from the North line and 2340 feet from the West
line. 2.2.2 Type of use. The Authority proposes to change the types of use of the water rights described
in Section 2.1 to include all existing decreed uses, and all municipal purposes including domestic,
agricultural, industrial, commercial, irrigation, augmentation, stock watering, recreation, fish and wildlife,
mining, mine reclamation and continuing mine depletions from the exposure of groundwater, and fire
protection uses. Water may be produced for immediate application to beneficial use; for storage,
including but not limited to the locations described below or by aquifer storage and recovery, and
subsequent application to beneficial use or release and rediversion to storage; for exchange purposes; for
replacement of depletions resulting from the use of water from other sources; and for all other
augmentation and replacement purposes, including augmentation of not nontributary ground water
diversions. Net depletion credits associated with the water rights may be used for the changed uses by
rediversion and storage, exchange or crediting toward replacement of depletions, historical return flows or
other replacement or relinquishment obligations. Water may be used, reused, and successively used to
extinction and may be used by disposition to other parties by sale, lease, trade, or other means. 3.1.4.1
Walker Reservoir Wells 1-35, 15W, 16W, 17W, and 31W. The locations of the Walker Reservoir Wells
1-35, 15W, 16W, 17W, and 31W are described in Section 2.2.1.1 above. 3.1.4.2 Liberty Village Wells 1-
6. The locations of the Liberty Village Wells 1-6 are described in Section 2.2.1.5 above. 4.1.4 Liberty
Village Wells described in Section 2.2.1.5 above. 5.1.1.1 Walker Reservoir Wells 1-35, 15W, 16W,
17W, and 31W, and Liberty Village Wells 1-6: a reach of Cherry Creek with an upstream terminus
located in the SE1/4 SE1/4, Section 34, T7S, R66W, Douglas County, Colorado, approximately 50 feet
from the South line and 1050 feet from the East line and a downstream terminus located in the NE1/4 NW
1/4, Section 22, T7S, R66W, Douglas County, Colorado, approximately 800 feet from the North line and
1870 feet from the West line. 6.24 Town of Castle Rock, 174 Kellogg Court, Castle Rock, CO 80104.
11CW285, 09CW283 and 07CW335 (Consolidated), CONCERNING THE APPLICATION FOR
WATER RIGHTS OF THE ARAPAHOE COUNTY WATER AND WASTEWATER AUTHORITY, c/o
Gary Atkins,13031 East Caley Avenue, Centennial, CO 80111; EAST CHERRY CREEK VALLEY
WATER AND SANITATION DISTRICT, acting by and through the EAST CHERRY CREEK
VALLEY WATER AND SANITATION DISTRICT WATER ACTIVITY ENTERPRISE, INC., c/o
David Kaunisto,6201 South Gun Club Road, Aurora, CO 80016; and UNITED WATER AND
SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of
Colorado, acting on its own behalf and on behalf of the UNITED WATER ACQUISITION PROJECT
WATER ACTIVITY ENTERPRISE, and on behalf of the UNITED WATER AND SANITATION
DISTRICT ACWWA ENTERPRISE, and on behalf of the UNITED WATER AND SANITATION
DISTRICT CHAMBERS ENTERPRISE, c/o Robert Lembke, 8301 East Prentice Ave., Suite 100,
Greenwood Village, CO 80111, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT,
LARIMER, MORGAN, AND WELD COUNTIES. COMBINED FIRST AMENDED
APPLICATIONS FOR CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND
EXCHANGE AND A CONDITIONAL SURFACE WATER RIGHT. Case Nos. 11CW285, 09CW283
and 07CW335 were consolidated for all trial and pretrial purposes including discovery and disclosure
deadlines by court order dated October 3, 2012. In these Combined First Amended Applications for
Conditional Appropriative Rights of Substitution and Exchange and Conditional Water Rights (Surface)
(“Amended Applications”), Applicants to these three cases -- United, ECCV and ACWWA (collectively
“Applicants”), seek to amend the original applications in these cases by either including additional
structures, or by providing more precise legal descriptions, and to also consolidate the claims in
11CW285, 09CW283 and 07CW335. ECCV and United filed the original application in Case No.
11CW285 on December 29, 2011, seeking the approval of conditional appropriative rights of exchange as
described in detail starting with paragraph 2 on page 6 of these Amended Applications. United filed the
original application in Case No. 09CW283 on December 31, 2009 which was amended on September 30,
2011, and subsequently corrected on October 7, 2011. One of the amendments to the 2011 filing was to
add ACWWA as a co-applicant. These Amended Applications seeks the approval of a conditional
appropriative right of exchange as described in detail starting with paragraph 2 on page 14 of these
Amended Applications. United filed the original application in Case No. 07CW335 on December 31,
2007, for its surface water right (St. Vrain Pipeline Diversion, also known as the United Diversion
Structure No. 5), and seeking the approval of the appropriative right of substitution and exchange. The
details pertaining to this application are outlined starting with paragraph 2 on page 24 of these Amended
Applications. Because Case Nos. 11CW285, 09CW283 and 07CW335 were consolidated, Applicants
have included the original claims in all three cases as part of these Amended Applications. See
Administrative Order No. 12-04, Water Division No. 1, at paragraph 5 (requiring amended applications
include a “complete and superseding application including the requested amendments”). For clarity and
ease of reference, Applicants use the same numbering in these Amended Applications as was used in the
original applications for Case Nos. 11CW285, 09CW283 and 07CW335. The revisions for each
application have been included in bold typeface. Pursuant to Rule 4(b)(4) of the Uniform Local Rules for
All State Water Court, resume notice of the amended portions of the applications are being republished in
this resume notice. Case No. 11CW285: 2.a. The Applicants seek to adjudicate two additional reaches to
the previously decreed exchange: (i) an extension of the downstream reach from the Fort Morgan Canal
Augmentation Station, described above, downstream to the confluence of Beaver Creek and the South
Platte River in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West of the 6th P.M.,
Morgan County, Colorado; and (ii) a reach from the outlets of Gilcrest Reservoir located downstream of
the confluence of the South Platte River and the St. Vrain River, as decreed in the 404/442 Decree ¶
54.2.6, in approximately the SE1/4 of the NW1/4 of Section 2, Township 3 North, the NE1/4 of the
SW1/4 of Section 26, Township 4 North, and a additional proposed outlet in the NW1/4 of the NW1/4
of Section 35, Township 4 North, all in Range 67 West of the 6th P.M., Weld County, Colorado, to the
upstream point at the proposed St. Vrain Pipeline Diversion (also known as the United Diversion Facility
No. 5), a surface diversion facility located on the east bank of the St. Vrain River approximately 500 feet
west and 200 feet north of the SE corner of Section 20, Township 3 North, Range 67 West of the 6th P.M.,
Weld County, Colorado. 10.1.1 Downstream Terminus: The confluence of Beaver Creek and the South
Platte River in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West of the 6th P.M.,
Morgan County, Colorado. 10.1.2 Upstream Terminus: The Fort Morgan Canal which diverts on the
south bank of the South Platte River 23 chains north and 5 chains west of the SE1/4 of Section 31,
Township 5 North, Range 59 West of the 6th
P.M., Morgan County, Colorado. The Applicants have
discussed their use of the Fort Morgan Canal and their share water with the Fort Morgan
Reservoir and Canal Company, but there have been no commitments, approvals or agreements by
any party. The Canal is owned by the Fort Morgan Reservoir & Irrigation Company, PO Box 38,
Fort Morgan, Colorado 80701. 10.2 St. Vrain River. The reach added on the St. Vrain River extends
from: 10.2.1. Downstream Terminus: the outlets of Gilcrest Reservoir located as decreed in the 404/442
Decree ¶ 54.2.6 on the South Platte River downstream of its confluence with St. Vrain Creek in
approximately the SE1/4 of the NW1/4 of Section 2, Township 3 North, and the NE1/4 of the SW1/4
of Section 26, Township 4 North, both in Range 67 West of the 6th P.M., Weld County, Colorado.
Pursuant to preliminary designs another outlet will be located in the NW1/4 of the NW1/4 of
Section 35, Township 4 North, Range 67 West of the 6th
P.M., Weld County, Colorado. 10.2.2.
Upstream Terminus: St. Vrain Pipeline Diversion The land on which the point of diversion will be
located is owned by Elverna Burchfield Trustee & Sherry Rose, 221 West Platte Avenue, Fort
Morgan, Colorado 80701, on which United holds an easement for the diversion structure, and the
Department of Transportation, State of Colorado, 4201 East Arkansas Ave., Denver, Colorado
80222. 11.1.1. Additional Exchange from Point: The confluence of Beaver Creek and the South Platte
River in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West of the 6th P.M.,
Morgan County, Colorado. 11.1.2. Additional Exchange to Points: 11.1.2.1. The Fort Morgan Canal
which diverts on the south bank of the South Platte River 23 chains north and 5 chains west of the
SE1/4 of Section 20, Township 4 North, Range 56 West of the 6th
P.M., Morgan County, Colorado.
The Canal is owned by the Fort Morgan Reservoir & Irrigation Company, PO Box 38, Fort
Morgan, CO 80701. 11.1.2.3. Water may be exchanged upstream from an augmentation station(s) on the
Fort Morgan Canal pursuant to and in accordance with the terms and conditions of the 404/442 Decree.
The Applicants (United) hold an easement for an existing pipeline which extends from near the Fort
Morgan Canal in the NE1/4 of the SW1/4 of Section 13, Township 3 North, Range 57 West of the 6th
P.M., Morgan County, Colorado, to the South Platte River in the SW1/4 of the NW1/4 of Section
30, Township 4 North, Range 56 West of the 6th
P.M., Morgan County, Colorado. The Applicants
can use the pipeline to deliver augmentation water from the Canal to the South Platte contingent
upon agreement with the Canal Company allowing it to deliver water from the Canal to the
pipeline. The Applicants have discussed their use of the Fort Morgan Canal and their share water
with the Fort Morgan Reservoir and Canal Company, but there have been no commitments,
approvals or agreements by any party. 11.1.2.4 The Drake Land Diversion which will divert from
the south bank of the South Platte River in the SE1/4 of the NE1/4 of Section 3, Township 4 North,
Range 60 West of the 6th
P.M., Morgan County, Colorado. The land on which the Drake Land
Diversion will be located is owned by Drake Land Farms, LLC, c/o Chris Nowak, 2918 Raleigh St.,
Denver, Colorado 80212. 11.1.2.5. A point of diversion on the south bank of the South Platte River
in the SW1/4 of the NW1/4 of Section 17, Township 4 North, Ranch 60 West of the 6th
P.M.,
Morgan County, Colorado. If the diversion is a well, the exchange shall be to the point at which
depletions occur to the South Platte River. The land on which the diversion will be located is owned
by John Yocam, 21056 MCR 1, Orchard, Colorado, and is subject to an easement for the well and
accompanying facilities. 11.1.2.6. The point at which depletions occur to the South Platte River
from a well field that will be constructed on the 70 Ranch on the south side of the South Platte
River generally located in the S1/2 of Section 34, Township 5 North, Range 63 West, N1/2 of Section
3, Township 4 North, Range 63 West, NE1/4 of the NE1/4 of Section 4, Township 4 North, Range 63
West, and the N1/2 of Section 33, Township 5 North, Range 63 West all in the 6th
P.M., Weld
County, Colorado. United, ECCV and ACWWA have applied for conditional appropriative
groundwater rights for this well field in Case No. 10CW306. The well field will be comprised of
approximately 6-8 wells. The land on which the wells will be located is owned by 70 Ranch, LLC,
8301 East Prentice Ave. #100, Greenwood Village, Colorado 80111. 11.1.2.7. Haren Pipeline
Diversion: The proposed Haren Pipeline Diversion will be located in approximately the NE1/4 of
the SE1/4 of Section 18, Township 4 North, Range 66 West of the 6th
P.M., Weld County, Colorado.
The land on which the diversion structure will be located is owned by the Eaton Cattle Company,
21421 Hwy. 60, Platteville, Colorado 80651. 11.1.3.1. Exchange from points: 11.1.3.1.1 The
confluence of Crow Creek and the South Platte River located approximately in the SE1/4 of the NE1/4 of
Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. 11.1.3.1.2 At a
point near the mouth of Lone Tree Creek and the South Platte River located approximately in the SW1/4
of the SE1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado.
11.1.3.1.3. At a point near the mouth of Sand Creek and the Cache la Poudre located in approximately
the NE1/4 of the NW1/4 of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County,
Colorado. The augmentation station located on the New Cache la Poudre Ditch which delivers water
via Sand Creek to the Cache la Poudre River immediately above its confluence with the South
Platte River is owned by the Central Colorado Water Conservancy District, 3209 West 28th
St.,
Greeley, Colorado 80634.11.1.3.2. Exchange to points: Haren Pipeline Diversion described in
paragraph 11.1.2.7 above, an additional point of diversion for Gilcrest Reservoir which will be
located on the outlet work which discharges (and will have the ability to divert) in the NE1/4 of the
SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th
P.M., Weld County, Colorado,
and up the St. Vrain River to the St. Vrain Pipeline Diversion described above in ¶ 10.2.2. 11.1.4. The
Applicants claim the right to exchange unused replacement supplies that are in excess of Applicants’
current replacement obligations which have aggregated at the ends of these administrative reaches
upstream to each of the upstream “exchange to points” decreed in the 404/442 Decree or sought in this
Amended Application. 11.2. St. Vrain River. 11.2.1. Exchange from Points: 11.2.1.1. The confluence of
the St. Vrain and South Platte Rivers in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range
67 West of the 6th P.M., Weld County, Colorado. 11.2.1.2. The outlets of Gilcrest Reservoir described
above in paragraph 10.2.1. From the point of discharge [of the St. Vrain Pipeline] the water will be
exchanged upstream to: 11.2.3.1. United Diversion Facility No. 3, as decreed in ¶ 54.1.2 of the 404/442
Decree and located, as described in ¶ 21.5 of the 404/442 Decree, on the east bank of the South
Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th
P.M., Adams
County, Colorado. To the extent the Applicants do not own an interest in or have a right to use the
facilities listed in ¶¶ 11.1 and 11.2 herein, the Applicants will not use or construct structures on those
facilities without first obtaining the legal right to do so, including but not limited to agreements with,
and the permission of, the individuals and/or entities that own the facilities. 13.4. The Applicants shall not
use any of the water rights identified in this Amended Application as sources of supply for this exchange
until they have obtained a change of water right or substitute water supply plan which includes use of
the water in this exchange and as part of that change of water right proceeding, complied with the
appropriate ditch company’s articles of incorporation, by-laws, or other governing documents. Case No.
09CW283: 10. Exchange Reaches: Downstream Terminus: The confluence of Beaver Creek and the
South Platte River in the NW1/4 of the SW1/4 of Section 4, T4N, R55W of the 6th P.M., Morgan County,
Colorado. Upstream Terminus: The Burlington Ditch, also known as the Burlington/ O’Brian Canal. The
headgate, pursuant to the decreed changed point of diversion in Case No. 02CW403, is on the east bank
of the South Platte River in the SW1/4 of the NE1/4 of Section 14, T3S, R68W of the 6th P.M., Adams
County, Colorado. b. St. Vrain River: Downstream Terminus: The confluence of the St. Vrain and South
Platte Rivers in the SW1/4 of the NE1/4 of Section 34, T4N, R67W of the 6th P.M., Weld County,
Colorado. 11.1. Exchange From Points: 11.1.1. The confluence of Beaver Creek and the South Platte
River in the NW1/4 of the SW1/4 of Section 4, T4N, R55W, of the 6th P.M., Morgan County, Colorado.
11.1.2. The point at which water delivered through an augmentation station(s) on the Fort Morgan
Canal will be delivered to the South Platte River. The Applicants (United) hold an easement for an
existing pipeline which extends from near the Fort Morgan Canal in the NE1/4 of the SW1/4 of
Section 13, T3N, R57W of the 6th
P.M., Morgan County, Colorado, to the South Platte River in the
SW1/4 of the NW1/4 of Section 30, T4N, R56W of the 6th
P.M., Morgan County, Colorado. The
Applicants can use the pipeline to deliver augmentation water from the Canal to the South Platte
contingent upon agreement with the Canal Company allowing it to deliver water from the Canal to
the pipeline. The Applicants have discussed their use of the Fort Morgan Canal and their share
water with the Fort Morgan Reservoir and Canal Company, but there have been no commitments,
approvals or agreements by any party. The Fort Morgan Canal diverts on the south bank of the South
Platte River 23 chains north and 5 chains west of the SE1/4 of Section 31, T5N, R59W of the 6th P.M.,
Morgan County, Colorado. 11.1.3. The point at which water delivered through augmentation stations
on the Weldon Valley Ditch will be delivered to the South Platte River. The Applicants have
preliminarily identified two augmentation stations that will deliver water diverted through the
Weldon Valley Ditch to the South Platte River in (a) the NE1/4 of the NE1/4 of Section 3, T4N,
R60W of the 6th
P.M., Morgan County, Colorado (ACWWA owns 60% of this structure) and
(b)NE1/4 18, T4N, R58W of the 6th
P.M., Morgan County, Colorado,
which is owned by the Weldon Valley Ditch Company. The Applicants have held discussions with
the Weldon Valley Ditch Company regarding the use of the Canal, and have obtained annual
agreements to use the augmentation structures. The Weldon Valley Ditch diverts on the north bank of
the South Platte River in the SW1/4 of the NW1/4 of the SE1/4 of Section 13, T4N, R61W of the 6th
P.M., Weld County, Colorado. 11.1.5. The point at which water delivered through augmentation
stations on the Lower Latham Ditch and/or the Lower Latham Reservoir will be delivered to the South
Platte River. The Applicants have identified an augmentation station owned by the East Cherry
Creek Valley Water and Sanitation District which delivers water diverted through the Lower
Latham Ditch to the South Platte River as decreed in paragraph 45.1.2 of the Decree in Case Nos.
02CW404 and 03CW442. 11.1.6. The confluence of the Cache La Poudre and South Platte River located
approximately in the SW1/4 of the SW1/4 of Section 6, T5N, R64W of the 6th P.M., Weld County,
Colorado. 11.1.7. Gilcrest Reservoir. The location of Gilcrest Reservoir is described below in paragraph
11.2.2. Applicants’ fully consumable water will be delivered for exchange to the South Platte River from
the Gilcrest Reservoir outlets which will be located as decreed in ¶ 54.2.6 of the Decree in Case Nos.
02CW404 and 03CW442 in the NE1/4 of the SW1/4 of Section 26, T4N, R67W and the SE1/4 of the
NW1/4 of Section 2, T3N, R67W, both of the 6th P.M., Weld County, Colorado, and, pursuant to
preliminary design also will be located in the NW1/4 of the NW1/4 of Section 35, T4N, R67W of the
6th P.M., Weld County, Colorado. 11.1.8. The point at which water delivered through an augmentation
station on the Western Mutual Ditch will be delivered to the South Platte River. The Applicants have
received annual permission from the Company to use an augmentation station on the Western
Ditch which delivers water to the South Platte River near the tail end of the Ditch in the NW1/4 of
the SE1/4 of Section 29, T5N, R65W of the 6th
P.M., Weld County, Colorado. The Western Mutual
Ditch diverts on the east bank of the South Platte River in the SE1/4 of the SW1/4 of Section 11, T3N,
R67W of the 6th P.M., Weld County, Colorado. 11.1.9. The land on which the point of diversion will be
located is owned by Elverna Burchfield Trustee & Sherry Rose, 221 West Platte Avenue, Fort Morgan,
CO 80701, on which United holds an easement for the construction of the diversion structure, and the
Department of Transportation, State of Colorado, 4201 East Arkansas Ave., Denver, Colorado
80222. 11.1.10. The point at which water delivered to augmentation stations on the Farmers
Independent Ditch will be delivered to the South Platte River. The Applicants have received annual
permission from the Company to use the augmentation station near the end of the Farmers
Independent Ditch which delivers water to the South Platte River at approximately the NE1/4 of
the NE1/4 of Section 1, T4N, R66W of the 6th
P.M., Weld County, Colorado. That augmentation
structure is owned by the Central Colorado Water Conservancy District, 3209 West 28th
Street,
Greeley, Colorado 80634. The Farmers Independent Ditch diverts on the east bank of the South Platte
River in the SW1/4 of the SW1/4 of Section 19, T3N, R66W of the 6th P.M., Weld County, Colorado.
11.1.11. The point at which water delivered to augmentation stations on the Fulton Ditch will be
delivered to the South Platte River. The Applicants have received annual permission to use an
augmentation station which delivers water to the South Platte River at approximately the SW1/4 of
the SE1/4 of Section 19, T2N, R66W of the 6th
P.M. Adams County, Colorado. That augmentation
structure is owned by the Central Colorado Water Conservancy District, 3209 West 28th
Street,
Greeley, Colorado 80634. The Fulton Ditch diverts on the east bank of the South Platte River in the
NE1/4 of the NE1/4 of the SE1/4 of Section 17, T2S, R67W of the 6th P.M., Adams County, Colorado.
11.1.13. Applicants claim the right to exchange replacement supplies that are in excess of Applicants’
current replacement obligations which aggregate at the ends of these administrative reaches upstream
to each structure that the Applicants have the right or permission to use. 11.1.14.1. The confluence of
Crow Creek and South Platte River located approximately in the SE1/4 of the NE1/4 of Section 24, T5N,
R64W of the 6th P.M., Weld County, Colorado. 11.1.14.2. At a point near the mouth of Lone Tree Creek
and the South Platte River located approximately in the SW1/4 of the SE1/4 of Section 6, T5N, R64W of
the 6th P.M., Weld County, Colorado. 11.1.14.3. At a point near the mouth of Sand Creek and the Cache
la Poudre located approximately in the NE1/4 of the NW1/4 of Section 11, T5N, R65W of the 6th P.M.,
Weld County, Colorado. The Applicants have received annual permission to use the augmentation
station located on the New Cache la Poudre Ditch which delivers water via Sand Creek to the
Cache la Poudre River immediately above its confluence with the South Platte River is owned by
the Central Colorado Water Conservancy District. 11.2. Exchange To Points: 11.2.2. A point of
diversion for Gilcrest Reservoir was decreed at ¶ 47.4.4 of the 404/442 Decree as adjacent to the Jay
Thomas Ditch Diversion Dam, and will be located on the east bank of the South Platte River in the
NW1/4 of the NW1/4 of Section 11, T3N, R67 W of the 6th P.M., Weld County, Colorado. An
additional point of diversion for Gilcrest Reservoir will be located in the NE1/4 of the SW1/4 of
Section 26, T4N, R67W of the 6th
P.M., Weld County, Colorado. 11.2.5. Burlington Ditch (also known
as Burlington/O’Brian Canal): The headgate, pursuant to the decreed changed point of diversion in Case
No. 02CW403, is on the east bank of the South Platte River in the SW1/4 of the NE1/4 of Section 14,
T3S, R68W of the 6th P.M., Adams County, Colorado. 11.2.7 [The Platte Valley Canal is no longer
included in this Amended Application.] 11.2.9. The Fort Morgan Canal which diverts on the south
bank of the South Platte River 23 chains north and 5 chains west of the SE1/4 of Section 31, T5N,
R59W of the 6th
P.M., Morgan County, Colorado. The Canal is owned by the Fort Morgan
Reservoir & Irrigation Company, PO Box 38, Fort Morgan, Colorado 80701. 11.2.10. The Drake
Land Diversion which will divert from the south bank of the South Platte River in the SE1/4 of the
NE1/4 of Section 3, T4N, R60W, Morgan County, Colorado. The land on which the Drake Land
Diversion will be located is owned by Drake Land Farms, LLC, c/o Chris Nowak, 2918 Raleigh St.,
Denver, Colorado 80212. 11.2.11. A point of diversion on the south bank of the South Platte River
in the SW1/4 of the NW1/4 of Section 17, T4N, R60W of the 6th
P.M., Morgan County, Colorado. If
the diversion is a well, the exchange shall be to the point at which depletions from the well occur to
the South Platte River. The land on which the diversion will be located is owned by John Yocam,
21056 MCR 1, Orchard, Colorado, and is subject to an easement for the well and accompanying
facilities. 11.2.12. The point at which depletions occur to the South Platte River from a well field
that will be constructed on the 70 Ranch on the south side of the South Platte River generally
located in the S1/2 of Section 34, T5N, R63W, N1/2 of Section 3, T4N, R63W, NE1/4 of the NE1/4 of
Section 4, T4N, R63W, and the N1/2 of Section 33, T5N, R63W all in the 6th
P.M., Weld County
Colorado. United, ECCV and ACWWA have applied for conditional appropriative groundwater
rights for this well field in Case No. 10CW306. The well field will be comprised of approximately 6-
8 wells. The land on which the wells will be located is owned by 70 Ranch, LLC., 8301 East
Prentice Ave. #100, Greenwood Village, Colorado 80111. 11.2.13. Haren Pipeline Diversion: The
proposed Haren Pipeline Diversion will be located in approximately the NE1/4 of the SE1/4 of
Section 18, T4N, R66W of the 6th
P.M., Weld County, Colorado. The land on which the diversion
structure will be located is owned by the Eaton Cattle Company, 21421 Hwy. 60, Platteville,
Colorado 80651. 11.3. To the extent the Applicants do not own an interest in or a right to use the
facilities listed in paragraphs 11.1 and 11.2 above, the Applicants will not use or construct structures on
those facilities without first obtaining the legal right to do so, including but not limited to agreements
with and the permission of the entities that own the facilities. Case No. 07CW335: 2. Name of structure:
St. Vrain Pipeline Diversion, also known as the United Diversion Structure No. 5. 3. Legal description
of each point of diversion: The point of diversion of the St. Vrain Pipeline Diversion (United Diversion
Facility No. 5) is on the east bank of the St. Vrain River approximately 500 feet West and 200 feet North
of the Southeast corner of Section 20, Township 3 North, Range 67 West of the 6th P.M., County of
Weld, State of Colorado. The land on which the point of diversion will be located is owned by
Elverna Burchfield Trustee & Sherry Rose, 221 West Platte Avenue, Fort Morgan, Colorado
80701, on which United holds an easement for the diversion structure, and the Colorado
Department of Transportation, State of Colorado, 4201 East Arkansas Ave., Denver, Colorado
80222. The use of water physically and legally available to United as a result of the exchange that is the
subject of this Amended Application will be used for all municipal, commercial, irrigation and beneficial
uses as allowed by the rights and decrees for water owned by United, its enterprises, the East Cherry
Creek Valley Water and Sanitation District (“ECCV”), and other customers. 8. Description of Right
of Exchange: United and ECCV have obtained a decree in Consolidated Case Nos. 02CW404 and
03CW442 that provides an appropriative right of exchange, to provide for the beneficial use of water
within the ECCV service area and, United and ACWWA have applied for a statutory right of
exchange in Case No. 09CW283. The Exchange Reach that is claimed by this Amended Application
extends from the (exchange from) downstream point of the South Platte Gage Station at Ft. Morgan,
Colorado more particularly described as: LOCATION.--Lat 40°16'07", long 103°47'56", in SW1/4 of the
NE1/4 sec. 31, T.4N.,R.57 W., 6th P.M. Morgan County, Hydrologic Unit 10190012, on right bank 0.1 mi
downstream from bridge on State Highway 52, 0.3 mi north of Interstate Highway 76 and 0.7 miles north
of Fort Morgan (revised). The operation of the exchange claimed in this application is as follows: A.
Senior water rights, including senior decreed rights of exchange, on the South Platte River above its
confluence with the St. Vrain River exhaust the exchange potential above that confluence. C. Under
these circumstances, United will divert water at the St. Vrain Pipeline Diversion (United Diversion
Facility No. 5) and provide a substitute supply to any calling right downstream of the Diversion with
water then physically and legally available to United or its customers, including water that has been
diverted and stored in storage facilities owned or legally available to United, including but not limited to
United Reservoir as described in paragraph 38.1 of the decree in Case No. 02CW403 and water
available at the 70 Ranch, Weld County, Colorado, depicted in Exhibit 4 of the Decree in Case Nos.
02CW404 and 03CW442. E. Delivery of water diverted by exchange from the St. Vrain River and
delivered through the St. Vrain Pipeline Diversion (United Diversion Facility No. 5) to the South Platte
River as described above will, to such extent, make water available to United for the completion of the
exchange upstream to the United Diversion Facility No. 3.
12CW228 LLOYD LAND, 12501 Riverdale Road, Brighton, Colorado 80602. (303.536.0810) Robert
E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Road, Tucson, AZ 85739. AMENDED
APPLICATION FOR NONTRIBUTARY AND NOT-NONTRIBUTARY GROUND WATER RIGHTS
IN THE LOWER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, in WELD COUNTY.
2.Original Application: A. The original application in this case was filed in Water Division 1 on October 15,
2012. All required notices were given pursuant to law. No statements of opposition were filed in this matter
and the time for filing statements of opposition or motions to intervene has expired. The purpose for filing
the application in this matter was to adjudicate the Denver Basin aquifer ground water in the Lower Arapahoe
and Laramie-Fox Hills aquifers underlying Applicant's Property, including both nontributary and not
nontributary ground water rights. No plan for augmentation was sought in the application for the withdrawal
of any not nontributary ground water. B. The Applicant’s property overlying the ground water claimed
herein consists of a tract of land with a total acreage of 50.62 acres, more or less, located in Weld County, and
generally described as part of a tract of land located in the NW 1/4 of Section 6, Township 1 North, Range 64
West of the 6th P.M. See Exhibit A, General Location Map, Exhibit B-1, Site Location Map, and Property
Legal Description, Exhibit C-1. C. The Office of the State Engineer (“SEO”) filed its Determination of
Facts (“Findings”) on December 5, 2012. The SEO’s Findings were as follows:
Aquifer Status Acreage Sat. Thick. SY Avg. Ann. Amt.
Lower Arapahoe NNT-4% 50.62 100 Ft. 17% 8.6 AF
Laramie-Fox Hills NT 50.62 150 Ft. 15 % 11.4 AF
(Explanation of Terms: NNT- Not-Nontributary; NT – Nontributary; AF – Acre-Feet)
D. The Water Court entered a ruling in this case on January 29, 2013. Applicant moved to withdraw the
ruling so that it could file this application to amend the application. 3. Change to Water Right and
Amendment Sought: A. Applicant Lloyd Land owns two parcels of land that are adjacent to the land
subject to the original application in this matter. Such adjacent parcels are – (1) A 535.9 acre parcel located
in Section 31, Township 2 North, Range 64 West of the 6th P.M.; and (2) A 50.3 acre parcel located in
Section 6, Township 1 North, Range 64 West of the 6th P.M. See Exhibit A, Exhibit B-2, Site Location Map
of these properties, and Exhibit C-2, Legal Description. B. The ground water in the Lower Arapahoe and the
Laramie-Fox Hills aquifers underlying these adjacent parcels was adjudicated in Case No. 12-CW-030.
Water Court entered a decree in such case on June 26, 2012. C. Landowner Lloyd Land intends to construct
and complete wells into the Laramie Fox Hills aquifer (and into the Lower Arapahoe aquifer after separate
approval of an augmentation plan as required for the withdrawal of not nontributary ground water) on the
land described in Case No. 12-CW-030 for withdrawal of the ground water underlying the adjacent property
described herein and in the original application in this Case No. 12-CW-228. D. Applicant Lloyd Land seeks
to amend the application in this Case No. 12-CW-228 to add a request to establish a well field between the
ground water underlying the parcel described in this case and the ground water underlying the parcels subject
to Case No. 12-CW-030 for the withdrawal of the underlying decreed Denver Basin aquifer ground water. E.
The amendment to the application will be as follows: Subject to obtaining an adequate Court approved
augmentation plan for withdrawal of not nontributary ground water, Applicant requests the right to withdraw
all of the legally available ground water in the Lower Arapahoe and Laramie-Fox Hills aquifers underlying
the property described herein through any well(s) permitted in each aquifer located on Applicant’s property
described herein OR on the adjacent properties owned by Applicant Lloyd Land as described in Case No. 12-
CW-030, Water Division 1. 4. No Further Changes: No additional changes or amendments to the original
application are sought. WHEREFORE, Applicant amends the application in this case so that the ruling to
be issued will allow Applicant to withdraw the Denver Basin aquifer ground water under the property
described in this case through wells completed into the same aquifer that are located on Applicant’s adjacent
properties, as described in Case No. 12-CW-030, Water Division 1. Further, the ruling to be issued will
allow the State Engineer to issue well permits for such well(s) as Applicant requests under this decree,
including for wells located on such adjacent parcels owned by Applicant Lloyd Land. FURTHER,
Applicant requests this Court grant such other relief as it deems proper in the premises. (4 pages.)
THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY
WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND
OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED
BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended
application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of
Opposition, setting forth facts as to why the application should not be granted, or why it should be
granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day
of APRIL 2013 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as
an Original and include $130.00 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.