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DISTRICT COURT, WATER DIVISION 1, COLORADO

OCTOBER 2019 WATER RESUME PUBLICATION

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

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

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

OCTOBER 2019 for each County affected.

19CW30 JERRY FRANCIS, 530 S. Bonnie Ln, Watkins, CO 80137. 303-419-7684. APPLICATION

FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ARAPAHOE

COUNTY. Applicant seeks to adjudicate the well, permit 203684, and to adjudicate the non tributary and

not nontributary Denver Basin groundwater underlying a 20 acre tract of land lying in the SE1/4, NE1/4,

S16, T4S, R64W, 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.

19CW31 MARTIN P. FISCHER, 1280 Bixby Rd., Mounds, OK 74047. 918-352-0444.

APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS

IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the non tributary and not nontributary Denver

Basin groundwater underlying a 80 acre tract of land lying in the N1/2, S1/2, SE1/4, S33, T4S, R64W, 6th

PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.

19CW32 MARTIN P. FISCHER, 1280 Bixby Rd., Mounds, OK 74047. 918-352-0444.

APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS

IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the non tributary and not nontributary Denver

Basin groundwater underlying a 80 acre tract of land lying in the S1/2, SE1/4, S28, T4S, R64W, 6th PM,

including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.

19CW33 JOHN FRANCIS, 3500 S. Ulm St., Watkins, CO 80137. 303-817-7694. APPLICATION

FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ARAPAHOE

COUNTY. Applicant seeks to adjudicate the well, permit 258718, and to adjudicate the non tributary and

not nontributary Denver Basin groundwater underlying a 40 acre tract of land lying in the SW1/4, SE1/4,

S33, T4S, R64W, 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.

**ALERT: Case 19CW3172 - the wrong resume was attached when published in the AUGUST 2019

resume. (It was a duplicate of 17CW3171). Following is the correct resume for case

19CW3172**Please note - due to the error, the filing of Statement of Oppositions deadline has been

extended to what is stated at the bottom of this resume**

19CW3172 THE CITY OF ENGLEWOOD, Dave Chapman, Water Production Administrator, 1000

Englewood Parkway, Englewood, CO 80110-0110, (303) 762-2636. Peter D. Nichols, Geoffrey M.

Williamson, Patrick M. Haines, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street,

Boulder, CO 80302, (303) 402-1600. APPLICATION FOR FINDING REASONABLE DILIGENCE, in

DOUGLAS, ARAPAHOE AND JEFFERSON COUNTIES, COLORADO. 2. Summary of

Application: 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. Through this Application, Englewood seeks a finding of reasonable

diligence on the balance of the Bear Creek Exchange conditional water right, originally decreed in Case

No. 90CW220 on March 22, 1995 and made partially absolute in Case No. 00CW45, Water Division 1. 3.

Names of Structures: Bear Creek Exchange. 4. Description of Conditional Water Right: 4.1. Bear Creek

Exchange. 4.1.1. Original and Subsequent Decrees: March 22, 1995, Case No. 90CW220, District Court,

Water Division No. 1; February 7, 2007, Case No. 00CW045, District Court, Water Division No. 1 (11.99

cfs made absolute; 5.11 cfs continued conditional); August 29, 2013, Case No. 13CW023, District Court,

Water Division No. 1 (finding of reasonable diligence). 4.1.2. Source: The South Platte River and its

tributaries, including Bear Creek. 4.1.3. Appropriation Date: June 13, 1990. 4.1.4. Amount: 17.1 cfs

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TOTAL, with 11.99 cfs ABSOLUTE pursuant to the final decree in Case No. 00CW045, 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

water right confirmed by the decree entered in Case No. 89CW063, as amended. 4.1.5. Use: 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. 4.1.6. Place of Use: The service area of Englewood as it presently

exists and as it may exist in the future, including any lands to which Englewood provides water for

municipal purposes under an existing or future contract of supply. 4.1.7. Points of Diversion: 4.1.7.1.

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, photo revised in 1980). See Exhibit A. 4.1.7.2. 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. 4.1.7.3. 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. 4.1.7.4. Headgate

of the Highline Canal, which is located in Section 33, Township 6 South, Range 69 West of the 6th P.M.

4.1.8. Substitute Supply: McBroom Municipal Intake Right. 4.1.8.1. Decree Date: March 29, 1994, Case

No. 89CW063, Water Division 1. 4.1.8.2. Source: Bear Creek, a tributary of the South Platte River.

4.1.8.3. Amount: 16 cfs total, with 7.63 cfs absolute pursuant to the final decree in Case No. 00CW045,

Water Division 1, and 8.37 cfs conditional. 4.1.8.4. Appropriation Date: March 20, 1989. 4.1.8.5. 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 with the South Platte River drainage in Water Division 1. In addition to the foregoing

uses, the water may be used for exchange and augmentation purposes. 4.1.8.6. 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 NE 1/4 of Section 6, Township 5 South, Range 68 West of the 6th P.M. 5. Diligence Activities: 5.1.

Integrated System: The Bear Creek Exchange 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 Bear Creek Exchange. This list is

not meant to be exclusive. 5.1.1. Englewood expended $76,268 to remove and trim trees that interfered

with its water system. 5.1.2. Englewood expended $16,000 to install pipe on City Ditch, and an additional

$23,216.00 to repair the City Ditch pipe at Euclid. 5.1.3. Englewood expended $397,000 to replace

granulated activated carbon filter media on filters 3, 4, and 5. 5.1.4. Englewood expended $6,200 to renew

its SCADA software license. 5.1.5. Englewood expended $22,750 to replace the variable frequency drive

for backwash pump #1. 5.1.6. Englewood expended $25,500 to rebuild river pump #1. 5.1.7. Englewood

expended $22,000 to purchase and install seven new turbidimeters for process controls at the water plant.

5.1.8. Englewood expended $3,200 on preventative maintenance on washwater pumps. 5.1.9. Englewood

engaged water resource engineers to protect and enhance Englewood’s water rights and participated in

numerous Water Court cases to protect the quality and quantity of the water rights decreed in Case No.

89CW063 and its other water rights from injury by other parties. Englewood filed diligence applications

on other conditional decrees that are part of its integrated system. 5.1.10. Englewood has directed its

technical water consultants to create a water right master supply plan that includes the McBroom Municipal

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Intake water right, and work on the water right master supply plan began in 2018. 5.2. 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. 5.2.1. Englewood expended $2,000 to install a stairway at Union Avenue Reservoir

for collecting samples from the McBroom pipeline. 5.2.2. Englewood expended $35,100 to repair the

McBroom pipeline. 5.2.3. Englewood expended $3,375 to install fencing around the McBroom Ditch

headgate. 5.2.4. Englewood expended $1,400 to purchase a boom for the McBroom Ditch diversion from

Bear Creek. WHEREFORE, Englewood respectfully requests the Court to enter findings and a decree

confirming that Englewood has exercised diligence toward completion of the appropriation for the decreed

uses and continuing the remaining conditional portion of the subject water right in full force and effect for

another six-year diligence period. Number of pages in Application 8, including 1 exhibit.

**Division One to publish**

19CW3193, (Division 2 case no. 19CW3065) Victoria and Darcy Hansen, 18015 Saddlewood Road,

Monument, CO 80132. Application for Adjudication of Denver Basin Groundwater and for Approval of

Plan for Augmentation in EL PASO COUNTY. I. Name and Address of Applicant: Victoria and Darcy

Hansen, 18015 Saddlewood Road, Monument,CO 80132, (“Applicant”). Name and Address of

Attorneys: Chris D. Cummins, #35154, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET,

LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212, E-mail:

cdc@cowaterlaw.com; ebp@cowaterlaw.com. II. Summary of Application The Applicant seeks to

construct up to one non-exempt well to the not-nontributary Dawson aquifer to provide water service to the

Applicant’s 4.5 acre lot. The Applicant therefore seeks to quantify the Denver Basin groundwater

underlying the Applicant’s Property, and approval of a plan for augmentation for the use thereof. III.

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

well will be located on Applicant’s approximately 4.53 acre property (“Applicant’s Property”). The

Applicant’s Property is depicted on the attached Exhibit A map, and more particularly described as follows:

Tract 105, CANTERBURY EAST, County of El Paso, State of Colorado, also known as 18015 Saddlewood

Road, Monument, CO 80132. 2. Proposed Wells. Applicant proposes that one well (“Hansen Well No. 1”)

will be located on the Applicant’s Property to be constructed to the Dawson aquifer. The proposed well,

the Hansen Well No. 1, currently permitted as Division of Water Resources Permit No. 314578 (see

attached Exhibit B), will be re-permitted upon entry of decree in accordance with this Plan for

Augmentation. 3. Existing Wells. There is an existing well on the Applicant’s property, with Division of

Water Resources Permit No. 191857 (see attached Exhibit B), drilled to a total depth of 1,080 feet in the

Denver aquifer, which has failed to function. The UTM Coordinates, based off of CDSS records containing

the pump installation report, locates the well in Zone 13, NAD83, Easting: 518736, Northing 4327166. This

well will be plugged and abandoned as a requirement for completing construction of the Hansen Well No.

1, currently permitted as Division of Water Resources Permit No. 314579. The Hansen Well No. 1, is

located in Zone 13, NAD83, Easting: 518729, Northing: 4327169, in accordance with the existing well

permit. B. Water Source. 1. Not-Nontributary. The ground water to be withdrawn from the Dawson and

Denver aquifers underlying the Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-

137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will require the replacement of

actual stream depletions. 2. Nontributary. The groundwater that will be withdrawn from the Arapahoe and

Laramie-Fox Hills aquifers underlying the Applicant’s Property is nontributary. C. Estimated Rates of

Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal. Pumping from the well will

not exceed 100 g.p.m. The actual pumping rate will vary according to aquifer conditions and well

production capabilities. The Applicant requests the right to withdraw ground water at rates of flow

necessary to withdraw the entire decreed amounts. The actual depth of the well to be constructed within

the respective aquifers will be determined by topography and actual aquifer conditions. 2. Estimated

Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal

of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s Property. Said

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amounts may be withdrawn over the 100-year aquifer life requirement pursuant to C.R.S. §37-90-137(4).

Applicant estimates that the following values and average annual amounts are representative of the Denver

Basin aquifers underlying Applicant’s Property:

AQUIFER

NET

SAND

(Feet)

Avg.

Specific

Yield

Total

Appropriation

(Acre Feet)

Annual Avg.

Withdrawal

100 Years

(Acre Feet)

Dawson

(NNT) 433.7 20% 392.93 3.93

Denver

(NNT) 560.0 17% 431.26 4.31

Arapahoe

(NT) 255.6 17% 196.84 1.97

Laramie Fox

Hills (NT) 201.0 15% 136.58 1.37

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to be augmented is the Hansen Well No. 1, along with any replacement or additional wells associated

therewith, as likewise may be constructed to the Dawson aquifer of the Denver Basin underlying the

Applicant’s Property as requested and described herein. B. Water Rights to be Used for Augmentation. The

water rights to be used for augmentation during pumping are the return flows resulting from the pumping

of the not-nontributary Dawson aquifer from the Hansen Well No. 1, together with water rights from the

nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. C. Statement of Plan for

Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping

of the not-nontributary Dawson aquifer by one proposed herein for one lot. Potential water use criteria and

their consumptive use component for replacement of actual depletions for the lots are estimated as follows:

1. Uses. i. Household Use Only: 0.25 acre feet annually within a single family dwelling, with a maximum

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

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consumptive use for the lot will therefore be 0.025 acre feet, with return flows of 0.225 acre feet for the lot.

ii. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year,

with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of

lawn and garden irrigated is therefore 0.042 acre feet. iii. Horses (or equivalent livestock): 0.011 acre feet

annually (10 gallons per day) per head with a one hundred percent consumptive use component. 2.The well

will pump a maximum of 1.3 acre feet of water per year for a maximum total of 1.3 acre feet being

withdrawn from the Dawson aquifer per year. Such use shall be a combination of household use, irrigation

of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown of this

combination of use, utilizing the factors described above, is household use of 0.25 acre feet of water per

year with the additional 1.05 acre feet per year available for irrigation of lawn and garden and the watering

of up to twelve horses or equivalent livestock on the residential lot. 3. Depletions. Applicant’s consultant

has determined that maximum stream depletions over the 100 year pumping period for the Dawson aquifer

amounts to approximately 8.34% of pumping. Maximum annual depletions for total residential pumping

from the well is therefore 0.108 acre feet in year 100. Should Applicant’s pumping be less than the 1.3

total per year described herein, resulting depletions and required replacements will be correspondingly

reduced. 4. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), the

Applicant is required to replace actual stream depletions attributable to pumping of the Hansen Well No. 1.

Applicant’s consultant has determined that depletions during pumping will be effectively replaced by

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

evaporative septic systems is 10% per year. At a household use rate of 0.25 acre feet per year, 0.225 acre

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

pumping, stream depletions will be more than adequately augmented. 5. Augmentation for Post Pumping

Depletions. For the replacement of any injurious post-pumping depletions which may be associated with

the use of the Hansen Well No. 1, Applicant will reserve up to the entirety of the nontributary Laramie Fox

Hills aquifer, being 136.58 acre feet, accounting for actual stream depletions replaced during the plan

pumping period, or such greater amounts as necessary to replace any injurious post pumping depletions.

Applicant also reserves the right to substitute other legally available augmentation sources for such post

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

reservation is made, under the Court’s retained jurisdiction, Applicant reserves the right in the future to

prove that post pumping depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills

groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this

case, the Applicant will be entitled to apply for and receive a new well permit for the Hansen Well No. 1

for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. V.

Remarks. A. This Application was filed in both Water Divisions 1 and 2 because depletions from the

pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The

return flows set forth herein will accrue to tributaries of the South Platte River system where the majority

of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter with pending

Division 1 application in Water Division 1 upon completion of publication. Applicant requests that the

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

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

requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested

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

approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). C. The term of this augmentation

plan is for 100 years, however the length of the plan for a particular well may be extended beyond such

time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions

accrue to a particular well or wells only to the extent related to that well’s actual pumping. D. The Court

will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water

withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate

information obtained from well drilling or test holes. E. The Applicant requests a finding that vested water

rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for

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augmentation. F. The wells shall be installed and metered as reasonably required by the State Engineer.

Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to

the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant

shall also provide accountings to the Division Engineer and Water Commissioner as required by them to

demonstrate compliance under this plan of augmentation. G. The Applicant intends to waive the 600 feet

well spacing requirement for any wells to be located upon the Applicant’s Property. H. All record owners

of the Subject Property not listed as Applicants herein, and every person who has a lien or mortgage on, or

deed of trust to the Applicant’s Property will be notified of the filing of this Application by certified or

registered mail, return receipt requested, no later than 14 days after the filing of this Application. The

Applicant will complete and file with the Court a Certificate of Notice as evidence that the required notices

were given, in accordance with the notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-

137(4)(b.5)(I).

19CW3194 Bryan and Miranda Rafferty, 18803 County Road 5, Berthoud, Colorado, 80513.

CONCERNING THE APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS IN

WELD COUNTY. Please send all pleadings and correspondence to: Ann M. Rhodes, Esq., Ann Rhodes,

LLC, 610 Emporia Road, Boulder, Colorado 80305, amr@amr-law.com. 2. Conditional Water Storage

Rights. 2.a. Rafferty Pond 1: a non-jurisdictional dam with centerline located at UTM coordinates 498,338

meters Easting, 4,458,236 meters Northing, UTM Zone 13 North, North American Datum 1983. Waste,

runoff, seepage water, and spring water will be diverted in priority at Rafferty Diversion 1 and Rafferty

Diversion 2, described below, and stored in Rafferty Pond 1. Exhibit 1 shows the locations of the storage

ponds and diversion points. Water will also enter the pond from surface runoff from adjacent land. No

groundwater will be intercepted by this pond. Water stored in this pond will be used for the beneficial uses

described below. This pond will be equipped with an outlet gate capable of releasing all out-of-priority

inflows. 2.b. Rafferty Pond 2: a non-jurisdictional dam with centerline located at UTM coordinates 498,316

meters Easting, 4,458,323 meters Northing, UTM Zone 13 North, North American Datum 1983. Waste,

runoff, seepage water, and spring water stored in Rafferty Pond 1 will be released via outlet gate and

delivered by gravity to Rafferty Pond 2. Exhibit 1 shows the locations of the storage ponds and diversion

points. Water will also enter the pond from surface runoff from adjacent land. No groundwater will be

intercepted by this pond. Water stored in this pond will be used for the beneficial uses described below.

This pond will be equipped with an outlet gate capable of releasing all out-of-priority inflows. 3. Diversion

Facilities. 3.a. Rafferty Diversion 1: (498,495 meters E, 4,458,100 meters N), Maximum Rate: 1 cfs.

Rafferty Diversion 1 is a point on the Rafferty Parcel in a natural drainage that carries waste, runoff, seepage

water, and water arising in springs located in the NW1/4 of Section 33, Township 4 North, Range 68 West

of the 6th P.M. in Weld County. 3.b. Rafferty Diversion 2: (498,432 meters E, 4,458,080 meters N),

Maximum Rate: 1 cfs. Rafferty Diversion 2 is a point on the Rafferty Parcel in a natural drainage that carries

waste, runoff, seepage water, and water arising in springs located in the SW1/4 of Section 33, Township 4

North, Range 68 West of the 6th P.M. in Weld County. 4. Source(s): Weld County Land Investors Spring

Nos. 2, 3, 4, and 5, all tributary to the Little Thompson River and which drain to the diversion points

specified above; waste, seepage, runoff, and all in-priority surface waters collecting at the diversion points

specified above. 5. Date of appropriation: October 8, 2019. Appropriation initiated by filing application.

Date water applied to beneficial use: NA, conditional water right. 6. Amounts claimed: 6.a. Rafferty Pond

1: 30 acre-feet, conditional. Surface area at high water line: 3.5 acres. Vertical height of dam: 9 feet. Length

of dam: approximately 310 feet. 6.b. Rafferty Pond 2: 20 acre-feet, conditional. Surface area at high water

line 3 acres. Vertical height of dam: 9 feet. Length of dam: approximately 480 feet. 6.c. Applicant seeks

the right to fill and refill Pond 1 and Pond 2 to a maximum aggregate amount of 100 acre-feet per year. 7.

Proposed uses: Stock watering, agricultural irrigation, wildlife habitat, maintenance of fish habitat, and

storage for all purposes described herein. 7.a. Number of acres historically irrigated 40; acres proposed to

be irrigated 70. The stored water is intended to be used as a supplemental supply for irrigation of

approximately 70 acres of land located in the N 1/2 of the NE1/4 of Section 32, Township 4 North, Range

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68 West, of the 6th P.M. that is currently irrigated by 23 shares of the Ide and Starbird Reservoir Company

and 0.25 shares of the Supply Irrigating Ditch Company. See Exhibit 1. 7.b. Non-irrigation uses include the

following: Stock watering of up to 100 head of bison; maintenance of fish habitat; watering area and habitat

for wildlife, fire protection, and storage for all beneficial uses decreed herein including protection in times

of drought. 8. Name and Address of the Owners of Diversion Structures. Bryan and Miranda Rafferty,

address above. (The application is 4 pages with 1 exhibit).

19CW3195, (96CW241; 81CW436) JPV Enterprises LLC, Attn: Patricia Vickland, Manager, 15260

North 83rd St., Longmont, Colorado 80503, (303) 502-4819, ttherapyctr@aol.com. Jeffrey J. Kahn,

Carey S. Smith V, Lyons Gaddis, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900,

jkahn@lyonsgaddis.com, csmith@lyonsgaddis.com. CONCERNING THE APPLICATION FOR

FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 1. Applicant: JPV Enterprises

LLC, Attn: Patricia Vickland, Manager, 15260 North 83rd St., Longmont, Colorado 80503, (303) 502-4819,

ttherapyctr@aol.com. 2. Summary of the Application: A. Information from Previous Decrees: i. The

original decree was entered in District Court, Water Division No. 1 in Case No. 81CW436 on October 1,

1990. ii. A diligence decree was entered in the District Court, Water Division No. 1 in Case No. 96CW241

on May 14, 1997. iii. On July 16, 2019, the court provided an order concerning notice of expiration. In this

notice the court explained that the Applicant’s conditional water rights were decreed in 96CW241, but the

case was not docketed with the next diligence filing date, and as a result the court did not send a timely

notice to the client. The court extended the deadline for filing to October 11, 2019. B. Descriptions of

Conditional Water Rights: i. Name of Structures: Darby Seepage Ditch No. 1, Darby Seepage Ditch No.

2 and Darby Reservoir No. 1. ii. Locations: a. Darby Seepage Ditch No. 1 is located in the SE1/4, Section

1, T3N, R70W, 6th P.M., Boulder County, Colorado, at a point approximately 180 feet west of the east

section line and approximately 1,220 feet north of the south section line of said Section 1. See EXHIBIT

A for location of structure. b. Darby Seepage Ditch No. 2 is to be located in the NE1/4, SW1/4, Section 6,

T3N, R69W, 6th P.M., Boulder County, Colorado, at a point approximately 2,400 feet east of the west

section line and approximately 2,350 feet north of the south section line of said Section 6. See EXHIBIT

A for location of structure. c. Darby Reservoir No. 1 is to be located in the N1/2, SW1/4, Section 6, T3N,

R69W, 6th P.M., Boulder County, Colorado. The left abutment of the dam is to be located in the NW1/4,

SW1/4, Section 6, T3N, R69W, 6th P.M., Boulder County, Colorado, at a point approximately 1,150 feet

east of the west section line and approximately 2,500 feet north of the south section line of said Section 6.

See EXHIBIT A for location of structure. iii. Source: Surface water which is either a part of, or represents

water moving toward an unnamed tributary of the Little Thompson River. The unnamed tributary runs

along a southwest-northeast line through the SW1/4, Section 6, T3N, R69W, 6th P.M., Boulder County,

Colorado. The water originates from seepage, waste, drainage and tail water associated with natural

precipitation, irrigation operations and water storage operations in areas surrounding the above-described

points of diversion. iv. Appropriation dates and amounts: a. Darby Ditch No. 1 – June 15, 1955, 1.5 cfs,

CONDITIONAL. b. Darby Ditch No. 2 – May 31, 1980, 2.0 cfs, CONDITIONAL. c. Darby Reservoir No.

1 – June 15, 1955, 30 acre feet, CONDITIONAL, with the right to fill and refill. v. Uses: a. Darby Ditch

No. 1 – Domestic, stock watering and irrigation. See EXHIBIT B for proposed area of irrigation. b. Darby

Ditch No. 2 – Domestic, stock watering and irrigation. See EXHIBIT B for proposed area of irrigation. c.

Darby Reservoir No. 1 – Irrigation, stock watering, domestic, piscatorial, recreational, wildlife propagation

and fire protection. 3. Detailed outline of what has been done toward completion or for completion of

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

expenditures: During the diligence period Applicant undertook the following work related to perfecting

these conditional water rights, including the following: A. On September 30, 2001, Applicant spent

$3,078.00 to install barbed wire fencing at the property line to keep cattle out of the ditches and reservoir;

B. Applicant removed fallen trees throughout the unnamed tributary, removing trees from the reservoir,

ditches, and access road. Removal of fallen trees ensures storage and flow of water; C. Applicant dredged

the reservoir to remove sediment and vegetation preventing loss in storage capacity and water flow; D.

8

Applicant repaired the reservoir edges to maintain storage capacity; and E. Applicant repaired the culvert

damage resulting from weather erosion and fallen trees. 4. Name and address of owner or reputed owners

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

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

including any modification to the existing storage pool: A. All three structures are located on land owned

by the Applicant. WHEREFORE, Applicants respectfully request that this Court enter a decree: (1) Finding

that Applicants have exercised reasonable diligence in the development of the conditional water rights

described in paragraph 2.B; (2) Continuing the conditional water rights in full force as decreed; and (3) For

such other and further relief as this Court deems just and proper. DATED: October 10, 2019.

19CW3196, Anthony Smith, 34995 County Road 17, Elizabeth, CO 80107 (Eric K. Trout, Petrock

Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR

AMENDMENT OF AUGMENTATION PLAN, ELBERT COUNTY. Decree information for which

amendment is sought: Case No. 2001CW085, decreed on December 31, 2001, associated with 30 acres

being Lot 2, Smith Huck Subdivision, generally located in the N1/2N1/2 of Section 7, T8S, R64W of the

6th P.M., Elbert County, as shown on Attachment A (Subject Property). Applicant is the owner of

approximately 8 acre-feet per year of not nontributary Upper Dawson aquifer groundwater and 9.5 acre-

feet per year of nontributary Laramie-Fox Hills aquifer groundwater as decreed in Case No. 94CW190. 3.

Proposed amendment: In the original decree, an augmentation plan was approved for use of 1.5 acre-feet

per year of not nontributary Upper Dawson aquifer groundwater for use in one residence, irrigation, and

stockwatering of 8 animals. By this application, Applicant requests that an additional 1.5 acre-feet per year

be withdrawn pursuant to the plan for augmentation for annual withdrawal of 3 acre-feet per year to serve

three residential lots on the Subject Property through individual Upper Dawson aquifer wells, including

through existing well Permit No. 57058-F. Each well with withdraw 1 acre-foot per year for in-house use

(0.4 acre-feet), irrigation of 9500 square feet of lawn, garden and trees (0.55 acre-feet), and stockwatering

of up to 4 large domestic animals (0.05 acre-feet). Applicant reserves the right to revise the annual amount

and uses without having to amend the application or republish the same. The actual depletion at 100 years

of pumping is 14.29% of the annual amount withdrawn per well or 0.14 acre-feet. Return flows from in-

house use on each lot will be sufficient to replace actual depletions for 100 years for that well. Depletions

occur to Cherry Creek and return flows accrue to that stream system. An additional amount of nontributary

groundwater underlying the Subject Property as decreed in Case No. 94CW190 will be reserved for future

use in the plan for augmentation. No other provisions of the original decree will be changed. Further,

Applicant prays that this Court grant the application and for such other relief as seems proper in the

premises. (4 pages).

19CW3197 TOWN OF ERIE, c/o Public Works Director, 645 Holbrook, Erie, CO 80516, Email:

tfessenden@erieco.gov, Phone: (303) 926-2895. Please direct all correspondence concerning this

Application to: Paul J. Zilis, Esq., Andrea A. Kehrl, Esq., and Peter C. Johnson, Esq., Vranesh and Raisch,

LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301, Email: pjz@vrlaw.com; aak@vrlaw.com;

pcj@vrlaw.com; Phone: (303) 443-6151. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE IN WELD COUNTY. 2. Names of structures: A. Vista Ridge Pump and Pipeline B. Vista

Ridge Storage System C. The water rights decreed to the Vista Ridge Pump and Pipeline and the Vista

Ridge Storage System are referred to collectively as the “Subject Water Rights.” 3. Description of Subject

Water Rights: A. Date of original decree: Case No. 02CW307, District Court, Water Division No. 1, State

of Colorado, entered on March 13, 2007. B. Subsequent decrees awarding findings of reasonable diligence:

Case No. 13CW3004, District Court, Water Division No. 1, State of Colorado, entered on October 15, 2013

(“Case No. 13CW3004 Decree”). C. Legal descriptions of the structures: 1. 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, approximately 2,320 feet from the south line and 2,560 feet from the east line of said Section 30.

2. The Vista Ridge Storage System reservoirs are located as follows: (a) Hole 7 Pond: SE1/4 SW1/4 of

9

Section 32, Township 1 North, Range 68 West, 6th P.M., in Weld County, approximately 300 feet from the

south line and 2,400 feet from the west line of said Section 32. (b) Hole 8A Pond: SW1/4 SE1/4 of Section

32, Township 1 North, Range 68 West, 6th P.M., in Weld County, approximately 300 feet from the south

line and 1,970 feet from the east line of said Section 32. (c) Hole 8B Pond: SE1/4 SE1/4 of Section 32,

Township 1 North, Range 68 West, 6th P.M., in Weld County, approximately 540 feet from the south line

and 1,200 feet from the east line of said Section 32. (d) Hole 9 Pond: NE1/4 SE1/4 of Section 32, Township

1 North, Range 68 West, 6th P.M., in Weld County, approximately 1,670 feet from the south line and 1,320

feet from the east line of said Section 32. (e) Hole 13 Pond: NE1/4 SW1/4 of Section 33, Township 1

North, Range 68 West, 6th P.M., in Weld County, approximately 1,500 feet from the south line and 2,600

feet from the west line of said Section 33. (f) Hole 17 Pond: SE1/4 NE1/4 of Section 32, Township 1 North,

Range 68 West, 6th P.M., in Weld County, approximately 1,300 feet from the north line and 1,170 feet from

the east line of said Section 32. (g) Hole 18 Pond: NW1/4 SE1/4 of Section 32, Township 1 North, Range

68 West, 6th P.M., in Weld County, approximately 2,500 feet from the south line and 1,800 feet from the

east line of said Section 32. 3. A map showing the approximate locations of the above-described structures

is attached hereto as Exhibit 1. D. Sources of water: Coal Creek. In addition to water diverted and stored

under the priorities claimed herein, the system has also diverted and stored water pursuant to the operation

of lawful exchanges and reusable water leased or purchased from upstream water users. E. Date of

appropriation and decreed amounts: October 28, 2001. a. Vista Ridge Pump and Pipeline: 3.01 cfs,

ABSOLUTE for irrigation and storage uses; 2.99 cfs, CONDITIONAL for irrigation and storage uses; and,

6.00 cfs CONDITIONAL for all other uses described in Paragraph 3.G below. b. Vista Ridge Storage

System: The amounts of water decreed as absolute and conditional pursuant to the Case No. 13CW3004

Decree are provided in the table below. All of the reservoirs listed in the table below are capable of

receiving raw water from the Vista Ridge Pump and Pipeline, which raw water may be used in the future

for irrigation and construction purposes.

NAME

:

TOTAL

AMOUN

T

(in acre-

feet

(“AF”)):

ABSOLUTE

PORTION OF

TOTAL:

CONDITIONAL

PORTION OF

TOTAL:

Hole 7

Pond

5.41

All 5.41 AF is

ABSOLUTE for lake

level maintenance,

fire protection,

recreation,

piscatorial, and

storage uses.

All 5.41 AF is

CONDITIONAL for

irrigation and

construction uses.

Hole

8A

Pond

8.45 All 8.45 AF is

ABSOLUTE for lake

level maintenance,

fire protection,

recreation,

piscatorial, and

storage uses.

All 8.45 AF is

CONDITIONAL for

irrigation and

construction uses.

10

Hole

8B

Pond

2.56 All 2.56 AF is

ABSOLUTE for lake

level maintenance,

fire protection,

recreation,

piscatorial, and

storage uses.

All 2.56 AF is

CONDITIONAL for

irrigation and

construction uses.

Hole 9

Pond

7.32 All 7.32 AF is

ABSOLUTE for lake

level maintenance,

fire protection,

recreation,

piscatorial, and

storage uses.

All 7.32 AF is

CONDITIONAL for

irrigation and

construction uses.

Hole 13

Pond

30.83 19.59 AF is

ABSOLUTE for

irrigation and storage

uses; and

11.24 AF is

ABSOLUTE for lake

level maintenance,

fire protection,

recreation,

piscatorial, and

storage uses.

There are no

conditional uses

associated with the

19.59 AF portion.

11.24 AF is

CONDITIONAL for

construction uses.

Hole 17

Pond

12.26 All 12.26 AF is

ABSOLUTE for

irrigation, lake level

maintenance, fire

protection, recreation,

piscatorial, and

storage uses.

All 12.26 AF is

CONDITIONAL for

construction uses.

Hole 18

Pond

5.80 All 5.80 AF is

ABSOLUTE for lake

level maintenance,

fire protection,

recreation,

piscatorial, and

storage uses.

All 5.80 AF is

CONDITIONAL for

irrigation and

construction uses.

TOTA

L

72.63 72.63 53.04

F. Rate of Diversion for Filling Reservoirs: 6.0 cfs, 3.01 cfs of which is ABSOLUTE and 2.99 cfs of which

is CONDITIONAL. G. Uses: Irrigation of the Vista Ridge Golf Course (now known as Colorado National

11

Golf Club) and associated open space located in Sections 30, 32, and 33 of Township 1 North, Range 68

West of the 6th P.M. (the “Golf Course”), lake level maintenance, construction, fire protection, recreation,

piscatorial, and storage. Such uses 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. 4. Provide a

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

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

diligence period: A. Throughout the diligence period, the Town has continued to divert and use the Subject

Water Rights for the operations and maintenance of the Golf Course and associated open space for purposes

that have been decreed absolute. B. The facilities for the Subject Water Rights have been operated and

maintained throughout the diligence period, with all associated costs. C. In 2015, in excess of $200,000

was expended for the Coal Creek Pump Station Improvements Project, which involved replacement of the

pump system for the Vista Ridge Pump and Pipeline. D. The Subject Water Rights are also a part of an

integrated system to provide water to the Golf Course and associated open space, including two

appropriative rights of substitution and exchange utilizing reuse water from the Town’s Windy Gap Units

(“Exchange”). 1. One Exchange was originally decreed in Case No. 02CW307, and was made absolute in

Case No. 13CW20 on October 28, 2013 (3 days prior to the commencement of the diligence period for the

Subject Water Rights). 2. The other Exchange, known as the “NWRF Exchange,” utilizes releases of water

to be exchanged from the Town’s North Reclamation Facility (“NWRF”) or from its reuse reservoir known

as the “NWRF Reservoir”. That Exchange was originally decreed in Case No. 10CW293. E. Operation of

the Exchanges allows the Town to provide water to the Golf Course and associated open space when it

would otherwise be unable to do so based on the priority of the Subject Water Rights. The costs in

exercising those Exchanges include all operation and maintenance costs for the facilities required to make

the exchange waters available, which include but are not limited to, the Town’s NWRF and the NWRF

Reservoir. 1. During the diligence period, the Town has also retained a water resources engineer to

maintain daily accounting for the Exchanges and in-priority diversions of the Subject Water Rights and to

submit such accounting on a monthly basis to the Office of the Division Engineer and the Water

Commissioner at a cost of approximately $15,000.00. F. In addition, during the diligence period, the Town

filed an Application for Finding of Reasonable Diligence and to Make a Portion of Conditional Water Right

Absolute for the NWRF Exchange, in Case No. 18CW3180, for which the Court entered a Final Decree on

September 6, 2019 and for which the Town expended legal and engineering fees. G. In fall 2014, the Town

expended in excess of $425,000 to repair damage to the NWRF Reservoir incurred from the 2013 flood

event. Specific repairs included reconstruction of the south and north banks of the NWRF Reservoir. H.

In summer and fall 2018, the Town constructed a portion of a non-potable water main and a non-potable

water tank from the NWRF Reservoir at an approximate cost of $1.7 million, which could ultimately

provide water to the Golf Course and associated open space in coordination with use of the Subject Water

Rights. 5. If claim to make absolute in whole or in part: N/A. 6. Names and addresses of owners or

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

existing diversion or storage structure is or will be constructed or upon which water is or will be stored,

including any modification to the existing storage pool: Colorado National Golf Club HQ, LLC, 2700 Vista

Parkway, Erie, CO 80516; Applicant; A portion of the Vista Ridge Pipeline is located within the Town of

Erie easement on lands owned by WWD Limited Liability Company, P.O. Box 1937, Longmont, CO

80502. 7. Remarks or other pertinent information: The Applicant stipulated with two Opposers in the

original case for the Subject Water Rights, Case No. 02CW307. All terms and conditions from the Decree

entered in Case No. 02CW307 on March 13, 2007 shall continue to apply to the Subject Water Rights,

which terms and conditions include those which were stipulated with the Opposers in Case No. 02CW307.

WHEREFORE, the Town of Erie requests the Court to enter a decree granting the Application herein,

determining that the Town has exercised reasonable diligence with respect to the remaining conditional

water rights for the Vista Ridge Pump and Pipeline and the Vista Ridge Storage System for their full

conditional amounts set forth in Paragraph 3(E) above and continuing said remaining conditional water

12

rights in full force and effect for another six years or until made absolute by reason of the completion of the

appropriation. (10 pgs., 1 Exhibit).

19CW3198 TIMBERLINE LODGE AT DUCK LAKE, LLC, c/o David Berton, 2899 N. Speer Blvd,

Suite 101, Denver, CO 80211, Telephone: 303-477-5550, Email: david@realarchitecture.com;

MOUNTAIN MUTUAL RESERVOIR COMPANY, 6949 Highway 73, Suite 15, Evergreen, CO

80439, Telephone: 303-989-6932; and NORTH FORK ASSOCIATES, LLC, 2686 S. Yukon Ct.,

Denver, CO 80227; Telephone: 303-988-7111; Email: 613blatch@gmail.com. Please direct all

correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea A. Kehrl, Esq., Vranesh and

Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301, Telephone: 303- 443-6151, E-mail:

asl@vrlaw.com; aak@vrlaw.com APPLICATION FOR SURFACE WATER RIGHTS, APPROVAL

OF A PLAN FOR AUGMENTATION, AND RIGHT OF SUBSTITUTION AND EXCHANGE IN

CLEAR CREEK AND PARK COUNTIES. CLAIM NO. 1: APPLICATION FOR SURFACE

WATER RIGHT 2. Names of Structure: Alpen Bach Hydro Diversion. 3. Legal Description of the

Structure: Alpen Bach Hydro Diversion is an existing structure located in the NE1/4 of NE1/4 of Section

36, Township 5 South, Range 75 West of the 6th P.M., Clear Creek County, Colorado, at a point

approximately 990 feet South and 1,290 feet West of the NE Corner of said Section 36. 4. Source: Springs

forming Alpen Bach, forming Alpendorf Creek, a tributary of Duck Creek, tributary to Geneva Creek,

tributary to the North Fork of the South Platte River, tributary to the North Fork of the South Platte River.

a. Dates of Appropriation: October 1, 1921 for non-consumptive hydropower uses. b. How Appropriation

was Initiated: By diversion and generation of hydropower for the original Timberline Lodge and other

structures on the property. c. Dates Water Applied to Beneficial Use: June 1, 1928 for hydropower use.

5. Amounts Claimed: 4 cfs, ABSOLUTE. 6. Uses: Generation of Hydropower (non-consumptive). 7.

Names and Addresses of Owners of Land on which the Wells are Located: Co-Applicant, Timberline Lodge

8. Remarks: The Alpen Bach structure was originally adjudicated in Case No. W-7682-74, Water Court,

Water Division 1, State of Colorado, for, inter alia, domestic and commercial uses, and has been used for

hydropower generation to serve the property since the construction of the Timberline Lodge in 1921. The

Alpen Bach Hydro Diversion continues to provide year-round hydroelectricity serving the Subject Parcel,

defined below. CLAIM NO. 2: APPLICATION FOR APPROVAL OF A PLAN FOR

AUGMENTATION AND EXCHANGE RIGHT 9. Names of Structures to be Augmented: The

“Augmented Structures” consist of: (1) Alpen Bach, W-7682-74; (2) Holmes Well No. 1, W-4489; and

other wells to be located on the 50-acre parcel of land located in the NE1/4 NE1/4, Section 36 and SE1/4

SE1/4, Section 25, Township 5 South, Range 75 West of the 6th P.M., also known as 12356 Guanella Pass

Road, Georgetown, Colorado 80444, Clear Creek County (“Subject Parcel”). 10. Water Rights to be Used

for Augmentation Purposes: a. Timberline Lodge has entered into a contract with North Fork

Associates, LLC to purchase 15.9 shares of the capital stock of the Mountain Mutual Reservoir

Company (“MMRC”). The 15.9 shares represent the right to receive 0.500 acre-feet of augmentation

water per year from the water rights and storage facilities MMRC holds for the benefit of its

shareholders, as more particularly described below. b. The water rights which MMRC owns for the

benefit of its shareholders to be used in this plan for augmentation are summarized as follows: (1)

Maddox Reservoir: The Maddox Reservoir is located in the NE1/4 SW1/4, Section 22, Township 7 South,

Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an

appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish

culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch,

which diverts from the North Fork of the South Platte River in the NE1/4 SE1/4 SW1/4, Section 22,

Township 7 South, Range 73 West of the 6th P.M. and decreed as an alternate point of diversion for the

Slaght Ditch. (2) Slaght Ditch: In accordance with the Decree entered in Civil Action No. 1678 of Park

County District Court, on May 22, 1913, the Slaght Ditch was awarded a direct flow priority of May 1,

1863, for 2.0 cubic feet per second for irrigation purposes. The source of water is the North Fork of the

South Platte River. The point of diversion for the Slaght Ditch was originally established to be a point on

the North bank of the North Fork of the South Platte River in the NE1/4 SE1/4, of Section 21, Township 7

13

South, Range 73 West, 6th P.M., approximately 2,060 feet North and 490 feet West of the Southeast Corner

of Section 21. Pursuant to a decree entered by the District Court for Water Division 1 in Case No.

82CW472, on October 3, 1983, the Maddox Reservoir Feeder Ditch was approved as an alternate point of

diversion for the Slaght Ditch water right. The point of diversion of the Maddox Reservoir Feeder Ditch is

located on the North bank of the North Fork of the South Platte River in the NW1/4 SW1/4, Section 22,

Township 7 South, Range 73 West, 6th P.M., approximately 1,240 feet East and 1,740 feet North of the

Southwest Corner of Section 22. In Case No. 79CW339, 0.12 of a cubic foot per second of the Slaght Ditch

water right was changed to augmentation, replacement and storage purposes. In Case No. 81CW253, the

point of diversion for 0.008 of a cubic foot per second of the Slaght Ditch priority was changed to a new

location, with the water continuing to be used for irrigation purposes. Of the remaining 1.872 cubic feet

per second, 0.481 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238 and 0.727

has been transferred in Case No. 2016CW3197. (3) Mack Ditch No. 2: In accordance with the Decree

entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Mack Ditch No.

2 was awarded a direct flow priority of May 1, 1863, for 1.0 cubic foot per second for irrigation purposes.

The source of water is the North Fork of the South Platte River. The point of diversion of the Mack Ditch

No. 2 was originally established to be on the South bank of the North Fork of the South Platte River at a

point in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., Park County, Colorado

whence the East Quarter Corner of said Section 21 bears North 43 degrees East, a distance of 984 feet more

or less. By an Order of the Park County District Court entered on October 17, 1927, the point of diversion

was moved approximately 789 feet upstream to a point on the South bank of the North Fork of the South

Platte River in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., whence the East

Quarter Corner of said Section 21 bears North 79 degrees 30 seconds East, a distance of 1,292 feet, more

or less. In Case Nos. W-7503, W-7548, 80CW080, 80CW455, 81CW143, 81CW298, and 89CW081, a

total of 0.1191 of a cubic foot per second of Mack Ditch No. 2 water right was transferred out of the Ditch

for uses other than irrigation. Of the remaining 0.8809 of a cubic foot per second, 0.44045 of a cubic foot

per second was transferred by MMRC in Case No. 2003CW238. c. Pursuant to the Decree issued in Case

No. 2003CW238, dated October 24, 2006, the historic consumptive use associated with the Slaght Ditch

and Mack Ditch No. 2 water rights (together, the “Slaght Ditch Rights”) was quantified. The terms and

conditions under which these water rights are used for augmentation, replacement, exchange and storage

purposes were also defined and approved in Case No. 2003CW238, as described below. d. The Slaght

Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders.

The water may also be stored in the Lower Sacramento Creek Reservoir No. 1 or the Maddox Reservoir.

e. The maximum rate of diversion under the Slaght Ditch Rights is 0.5 of a cubic foot per second. f.

Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period May 1

through October 31 of each year, and are further limited to those times when water is physically and legally

available for diversion at the historic Slaght Ditch headgates on the North Fork of the South Platte River.

If the May 1, 1867, priority is not fully satisfied to the extent of 2.0 cubic foot per second for the Slaght

Ditch and 1.0 cubic foot per second for the Mack Ditch No. 2, MMRC’s diversions are limited to its pro

rata entitlement to the water when physically and legally available. g. Maximum annual diversions of the

portion of the Slaght Ditch Rights changed in 2003CW238 are limited to 41 acre-feet per year. During any

consecutive ten year period, the total diversions are further limited to 342 acre-feet. h. Pursuant to the

Decree issued in Case No. 2016CW3197, the historic consumptive use associated with an additional 0.727

cfs of the Slaght Ditch water right yields 31.8 acre-feet of consumptive use water. i. The Augmented

Structures and augmentation supplies are shown on the maps attached as Exhibit A. 11. Statement of Plan

for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(a)(2) and §305(8);

and Substitution and Exchange: a. The Augmentation Plan will replace out-of-priority depletions

associated with the Augmented Structures, to the extent used to supply in-house domestic, commercial and

fire protection needs for single family dwellings (including, but not limited to, rental cabins) and a lodge

located on the Subject Parcel. b. The water requirements are for single-family dwellings (including, but

not limited to, rental cabins, predominantly year-round, part-time use) on a central water system with an

14

average use of 150 gallons per day and a lodge with an average use of 1,465 gallons per day. All water

uses will be treated through subsurface discharge from individual septic tank-soil absorption system with

10% consumption. See Table 1. TABLE 1

Use Water

Requirement

Unit Ac-Ft CU Rate Replace

Require

Ac-Ft

Summer

Require

Ac-Ft

Winter

Require

Ac-Ft

In-house 150

gl/house/dy

20 3.360 10% 0.336 0.168 0.168

Lodge/Commercial 1,465

gl/hd/dy

1 1.640 10% 0.164 0.082 0.082

TOTAL: 5.00 0.500 0.250 0.250

The monthly depletions are as follows in acre-feet:

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct

0.042 0.042 0.042 0.042 0.042 0.042 0.041 0.041 0.041 0.041 0.041 0.041

c. Timberline Lodge’s 15.9 MMRC shares under contract with Mountain Mutual Reservoir Company

represents a firm annual yield of 0.500 of an acre-foot to satisfy their present and anticipated future

replacement needs. The sources of water from which these shares are derived are as described above in

paragraph 10. d. In order to assure that sufficient augmentation water will be available to augment the

anticipated stream depletions, 0.001 of a cubic foot per second of the Slaght Ditch Rights, defined above,

yielding 0.500 of an acre-foot of water per year, will be reserved to Timberline Lodge for use in this plan

for augmentation. In addition, 0.250 of an acre-foot of space in Maddox Reservoir will be reserved to

Timberline Lodge for use in this plan for augmentation. e. Whenever possible, depletions to the stream

system which occur during the period May through September 31, inclusive, will be continuously

augmented by MMRC foregoing the diversion of a portion of its Slaght Ditch Rights. During times

when the Slaght Ditch Rights are not in priority and during the non-irrigation season, depletions will

be augmented by releasing water from Maddox Reservoir. Applicants will store a portion of the Slaght

Ditch Rights in the Maddox Reservoir, pursuant to Case No. 16CW3197. f. Due to the small volume

of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be

aggregated and replaced by one or more releases of short duration. g. Since the point of depletion

associated with water usage at the Subject Parcel is upstream of the point of delivery of augmentation water

from the Slaght Ditch Rights and the Maddox Reservoir, Applicants assert an appropriative right of

substitution and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the

substitution and exchange shall extend from the headgate of the Slaght Ditch in the NE1/4 SE1/4, Section

21, and the outlet of Maddox Reservoir in the SW1/4 SE1/4, both in Township 7 South, Range 73 West

and the NE1/4 NE1/4, Section 36, Township 7 South, Range 72 West, all up the North Fork of the South

Platte River to the confluence of Geneva Creek in the SE1/4 NW1/4, Section 23, Township 6 South, Range

75 West, thence up Geneva Creek to the confluence with Duck Creek in the SE1/4 NW1/4, Section 23,

Township 6 South, Range 75 West, thence up Duck Creek and/or its tributary, known as Alpendorf Creek,

to the point of depletion in the SE1/4 NE1/4, Section 36, Township 5 South, Range 75 West, all in the 6th

P.M., including but not limited to up to the point of diversion of the Alpen Bach water right, described

above. In the event that there is an intervening senior water right that precludes the substitution and

exchange, the Applicant can either have replacement water delivered by truck to the point of depletions or

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have an on-site container (filled by water truck, by exchange in priority, or lawfully diverted under free-

river conditions with permission of the Water Commissioner) from which replacement water may be

released. The substitution and exchange will operate to replace depletions to the flow of water in the stream

system as the depletions occur. The substitution and exchange will be administered with a priority date of

October 29, 2019, at a maximum flow rate of 0.001 of a cubic foot per second. WHEREFORE, the

Applicants request the entry of a decree approving this Application, specifically: (1) granting the

appropriations sought in this application, (2) authorizing use of the augmentation supplies sought in this

application, (3) determining that the source and location of delivery of augmentation and replacement water

are sufficient to prevent material injury to vested water rights. The Applicants also request a determination

that the wells and diversions described herein can be operated for the requested uses without curtailment so

long as out-of-priority stream depletions are replaced as proposed herein. The Applicants further request

the entry of an Order directing the State Engineer to issue well permits for the uses of any wells described

herein. (12 pgs., 1 Exhibit)

19CW3199 (92CW130, 11CW241) Northern Colorado Water Conservancy District (“Northern

Water”), c/o Luke Shawcross, 220 Water Avenue, Berthoud, Colorado 80513, Telephone: 1-800-369-

7246, lshawcross@northernwater.org. Please send all pleadings and correspondence to attorneys for

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

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

mkruse@troutlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in

LARIMER and WELD COUNTIES. 1. Name, mailing address, email address, and telephone number

of applicant: See above. 2. Description of Conditional Water Rights and Appropriative Right of

Exchange: The subject water rights, known as the South Platte Water Conservation Project Water Rights

(“SPWCP Water Rights”) consist of eight conditional water rights and one appropriative right of exchange,

and are the subject of three prior decrees: Date of Decree: November 28, 2005. Case No.: 92CW130

(Consolidated). Court: Water Court, Division 1. Remark: Original decree for the SPWCP Water Rights.

Date of Decree: October 17, 2013. Case No.: 11CW241. Court: Water Court, Division 1. Remark: Diligence

decree for the SPWCP Water Rights. Date of Decree: June 5, 2018. Case No.: 16CW3194. Court: Water

Court, Division 1. Remark: Change decree to add Upper Galeton Reservoir as an alternate reservoir location

for SPWCP Galeton Reservoir. A. Name of structure: SPWCP Galeton Reservoir. i. Decreed

Appropriation Dates and Amounts: a. December 11, 1992: 45,624 acre feet, conditional, with the right to

fill and refill when in priority, subject to the limitations on refill set forth in paragraph 38 of the Decree in

Consolidated Case No. 92CW130 and paragraph 23.6 of the Decree in Case No. 16CW3194. b. August 8,

1997: 35,980 acre feet, conditional, with the right to fill and refill when in priority, subject to the limitations

on refill set forth in paragraph 23.6 of the Decree in Case No. 16CW3194. ii. Decreed Beneficial Uses: All

beneficial uses including, but not limited to, municipal; irrigation; domestic; commercial; industrial;

mechanical; manufacturing; recreation; generation of electrical energy; power; fire protection; watering of

parks, lawns and golf courses; piscatorial; maintenance, preservation and enhancement of wildlife and

aesthetic values; and lake and reservoir evaporation. The lands proposed to be irrigated include all irrigable

lands located within the boundaries of Northern Water. The proposed beneficial uses are to be accomplished

by direct use, storage, exchange, augmentation and replacement. iii. Legal Descriptions of Alternate

Reservoir Locations: a. Upper Galeton Reservoir: The axis of the main dam of Upper Galeton Reservoir,

said dam axis being located in Section 5, T7N, R64W, 6th P.M, Weld County, Colorado, and Sections 32,

33, 28, and 27, T8N, R64W, 6th P.M., Weld County, Colorado, is described as follows: Commencing at

the Southwest corner of said Section 33 and assuming the South line of said Section 33 as bearing North

88°56'31" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North

American Datum 1983/2011, a distance of 5,319.07 feet with all other bearings contained herein relative

thereto; thence South 52°44'34" West a distance of 2,842.14 feet to the point of beginning; thence North

41°07'11" East a distance of 14,562.32 feet to a point which bears North 12°18'22" East a distance of

9,366.73 feet from the Southeast corner of said Section 33 and to the point of termination. Upper Galeton

Reservoir will inundate portions of Section 5, T7N, R64W, 6th P.M., Weld County, Colorado, and portions

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of Sections 19, 20, 21, 22, 27, 28, 29, 30, 32, and 33, T8N, R64W, 6th P.M., Weld County, Colorado. b.

Original Galeton Reservoir: The axis of the main dam of proposed Galeton Reservoir, said dam axis being

located in Sections 10, 11 and 15, T7N, R64W, 6th P.M., Weld County, Colorado, is as follows: Beginning

at the Southeast Corner of Section 14 and considering the South line of said Section 14 as bearing South

89°54' West and with all bearing contained herein relative thereto; thence North 85°30' West, 9350 feet to

the right terminus of the dam axis, then North 37°00' East, 11,400 feet to the left terminus of the dam axis.

Original Galeton Reservoir would have inundated portions of Sections 3, 4, 9, 10, and 11, T7N, R64W, 6th

P.M., Weld County, Colorado, and portions of Sections 33 and 34, T6N, R64W, 6th P.M., Weld County,

Colorado. iv. Physical Characteristics of Alternate Reservoir Locations: a. Upper Galeton Reservoir: 1.

Surface area at high water line: 2,450 acres. 2. Height of dam in feet: 95 feet. 3. Length of dam in feet:

14,562.32 feet. 4. Total capacity: 81,604 acre feet. 5. Active capacity: 81,604 acre feet. 6. Dead storage:

None. b. Original Galeton Reservoir: 1. Surface area at high water line: 2,800 acres. 2. Height of dam in

feet: 62 feet. 3. Length of dam in feet: 11,400 feet. 4. Total capacity: 81,604 acre feet. 5. Active capacity:

81,604 acre feet. 6. Dead storage: None. v. Rates of diversion for filling the reservoir: 400 cfs, conditional.

vi. Names and Capacities of Pipelines to Fill Reservoir: a. SPWCP Pumping Station and Pipeline, 400 cfs.

Subject to the limitations set forth in paragraph 38 of the Decree in Consolidated Case No. 92CW130, the

SPWCP Pumping Station and Pipeline will pump water from the Pumping Station Forebay Reservoir,

which will be filled with water diverted from the South Platte River through the South Platte River Intake

at a maximum rate of 500 cfs, and from the Cache la Poudre River through the Cache la Poudre River Intake

at a maximum rate of 500 cfs. b. Riverside Pumping Station and Pipeline, 400 cfs. Subject to the limitations

set forth in paragraph 38 of the decree in Consolidated Case No. 92CW130, the Riverside Pumping Station

and Pipeline will pump water from the Riverside Pumping Station Forebay Reservoir, which will be filled

with water diverted from the South Platte River through the Riverside Canal Intake at a maximum rate of

400 cfs. vii. Legal Descriptions of River Points of Diversion: a. The SPWCP Pumping Station and Pipeline:

Section 2.E, infra. The legal descriptions of the points of diversion from the South Platte and Cache la

Poudre Rivers are as follows: 1. SPWCP South Platte River Intake: Section 2.B.i, infra. 2. SPWCP Cache

la Poudre River Intake: Section 2.C.i, infra. b. The SPWCP Riverside Pumping Station and Pipeline:

Section 2.F, infra. The legal descriptions of the point of diversion from the South Platte River is as follows:

1. SPWCP Riverside Canal Intake: Section 2.D.i, infra. viii. Sources: South Platte and Cache la Poudre

Rivers and their tributaries. B. Name of Structure: SPWCP South Platte River Intake. i. Legal description

of point of diversion: Section 6, T5N, R64W, 6th P.M., Weld County, Colorado, at a point 1,000 feet East

of the West Section line and 581 feet North of the South Section line of said Section 6. Alternatively,

beginning at the West 1/4 corner of said Section 6, and considering the West line of the NW 1/4 of said

Section 6 as bearing South 00º00'00" West and with all bearings contained herein relative thereto; thence

South 26º33'57" East 2251.53 feet. ii. Source: South Platte River and its tributaries. iii. Amount: 500 cfs,

conditional. iv. Appropriation date: December 11, 1992. C. Name of Structure: SPWCP Cache la Poudre

River Intake. i. Legal description of point of diversion: Section 6, T5N, R64W, 6th P.M., Weld County,

Colorado, at a point 366 feet East of the West Section line and 1,181 feet North of the South Section line

of said Section 6. Alternatively, beginning at the West 1/4 corner of said Section 6, and considering the

West line of the NW 1/4 of said Section 6 as bearing South 00º00'00" West and with all bearings contained

herein relative thereto; thence South 14º41'30" East 1469.24 feet. ii. Source: Cache la Poudre River and its

tributaries. ii. Amount: 500 cfs, conditional. iv. Appropriation date: December 11, 1992. D. Name of

Structure: SPWCP Riverside Canal Intake (alternate point of diversion for the South Platte River Intake

and Cache la Poudre River Intake described above). i. Legal description of point of diversion: Section 20,

T5N, R63W, 6th P.M., Weld County, Colorado, at a point 270 feet East of the West Section line and 710

feet North of the South Section line of said Section 20. ii. Source: South Platte River and its tributaries. iii.

Amount: 400 cfs, conditional. iv. Appropriation date: December 11, 1992. E. Name of Structure: SPWCP

Pumping Station and Pipeline. i. Legal description of location of pumping plant: A proposed pumping

plant in the Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 6, T5N, R64W, 6th P.M.,

Weld County, Colorado. ii. Sources: South Platte and Cache la Poudre Rivers and their tributaries, via the

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SPWCP Pumping Station Forebay Reservoir and its South Platte River and Cache la Poudre River Intakes.

iii. Amount: 400 cfs, conditional. iv. Appropriation date: December 11, 1992. F. Name of Structure:

SPWCP Riverside Pumping Station and Pipeline (alternate point of diversion for SPWCP Pumping

Station and Pipeline described above). i. Legal description of location of pumping plant: In the West 1/2 of

the Southwest 1/4 of Section 20, T5N, R63W, 6th P.M., Weld County, Colorado. ii. Source: South Platte

River and its tributaries, via the SPWCP Riverside Pumping Station Forebay Reservoir and the SPWCP

Riverside Canal Intake. iii. Amount: 400 cfs, conditional. iv. Appropriation date: December 11, 1992. G.

Name of Structure: SPWCP Pumping Station Forebay Reservoir. i. Legal description of reservoir

location: The Forebay Reservoir will be located in the Southwest 1/4 of the Northwest 1/4 of the Southwest

1/4 of Section 6, T5N, R64W, 6th P.M., Weld County, Colorado. ii. Name and capacity of pipeline to fill

reservoir: Water will be diverted to the SPWCP Pumping Station Forebay Reservoir from the South Platte

River through the SPWCP South Platte River Intake at a maximum rate of 500 cfs and from the Cache la

Poudre River through the SPWCP Cache la Poudre River Intake at a maximum rate of 500 cfs. iii. Legal

description of river points of diversion: The legal descriptions of the points of diversion from the South

Platte and Cache la Poudre Rivers are as follows: a. SPWCP South Platte River Intake: Section 2.B.i, supra.

b. SPWCP Cache la Poudre River Intake: Section 2.C.i, supra. iv. Sources: Cache la Poudre and South

Platte Rivers and their tributaries. v. Appropriation date: December 11, 1992. vi. Amount: 400 acre-feet,

conditional, with the right to fill and refill without limitation when in priority. vii. Rates of diversion:

SPWCP South Platte River Intake: 500 cfs, conditional; SPWCP Cache la Poudre River Intake: 500 cfs,

conditional. viii. Surface area of reservoir at high water line: 80 acres. ix. Maximum depth of water in feet:

25 feet. x. Total capacity of reservoir in acre feet: 400 acre feet. H. Name of Structure: SPWCP Riverside

Pumping Station Forebay Reservoir (alternate place of storage for SPWCP Pumping Station Forebay

Reservoir). i. Legal description of reservoir location: In the West ½ of the Southwest 1/4 of Section 20,

T5N, R63W, 6th P.M., Weld County, Colorado. ii. Name and capacity of pipeline to fill reservoir: Water

will be diverted to the SPWCP Riverside Pumping Station Forebay Reservoir from the South Platte River

through the SPWCP Riverside Canal Intake at a maximum rate of 400 cfs. iii. Legal description of point of

diversion: SPWCP Riverside Canal Intake: See Section 2.D.i, supra. iv. Source: South Platte River and its

tributaries. v. Appropriation date: December 11, 1992. vi. Amount: 400 acre-feet, conditional, with the right

to fill and refill without limitation when in priority. vii. Rate of diversion for filling reservoir: 400 cfs. viii.

Surface area of high water line: Approximately 30 acres. ix. Maximum depth of water: Approximately 30

feet. x. Total capacity of reservoir: 400 acre-feet; dead storage: 0 acre-feet. I. Name of Exchange: SPWCP

Cache la Poudre River Exchanges. i. Diversion Points: The SPWCP will divert water by exchange at the

following exchange points, also listed in Exhibit A attached hereto, on the Cache la Poudre River at the

maximum rate of flow available, up to the rates listed below. a. New Cache la Poudre Irrigating Company

Canal, canal headgate: An existing structure located in the Southwest 1/4 of the Southeast 1/4 of the

Northeast 1/4 of Section 11, T6N, R68W, 6th P.M., Larimer County, Colorado. Maximum exchange rate

claimed: 250 cfs, conditional. b. Fossil Creek Reservoir: An existing structure located in the Southwest 1/4

of the Southeast 1/4 of the Southwest 1/4 of Section 10, T6N, R68W, 6th P.M., Larimer County, Colorado.

The Fossil Creek Reservoir outlet connects to the Cache la Poudre River in the Northeast 1/4 of the

Northeast 1/4 of the Southwest 1/4 of Section 11, T6N, R68W, 6th P.M., Larimer County, Colorado. The

Fossil Creek Reservoir Inlet Canal is located on the Cache la Poudre River in the Northeast 1/4 of the

Northeast 1/4 of the Southeast 1/4 of Section 20, T7N, R68W, 6th P.M., Larimer County, Colorado.

Maximum exchange rate claimed: 250 cfs, conditional. c. Cache la Poudre Reservoir Inlet Canal (a/k/a

Timnath Reservoir Inlet Canal), headgate: An existing structure located in the Northwest 1/4 of the

Southwest 1/4 of the Northeast 1/4 of Section 18, T7N, R68W, 6th P.M., Larimer County, Colorado.

Maximum exchange rate claimed: 85 cfs, conditional. d. Larimer and Weld Canal, canal headgate: An

existing structure located in the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 34, T8N,

R69W, 6th P.M., Larimer County, Colorado. Maximum exchange rate claimed: 500 cfs, conditional. e.

Cache la Poudre Ditch (a/k/a Little Cache la Poudre Ditch), headgate: An existing structure located in the

Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 29, T8N, R69W, 6th P.M., Larimer

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County, Colorado. Maximum exchange rate claimed: 150 cfs, conditional. f. Greeley Pipeline: An existing

structure in the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 15,

T8N, R70W, 6th P.M., Larimer County, Colorado. Maximum exchange rate claimed: 20 cfs, conditional.

g. Poudre Valley Canal, canal headgate: An existing structure located in the Northwest 1/4 of the Southwest

1/4 of the Southwest 1/4 of Section 10, T8N, R70W, 6th P.M., Larimer County, Colorado. Maximum

exchange rate claimed: 400 cfs, conditional. h. Munroe Gravity Canal, canal headgate: An existing structure

located in the Southwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 5, T8N, R70W, 6th P.M.,

Larimer County, Colorado. Maximum exchange rate claimed: 250 cfs, conditional. i. Halligan Reservoir:

An existing structure located in the Northeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 34,

T11N, R71W, 6th P.M., Larimer County, Colorado. Maximum exchange rate claimed: 400 cfs, conditional.

j. North Poudre Canal, North Fork of Cache la Poudre River Headgate: An existing structure located in the

Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, T10N, R71W, 6th P.M., Larimer

County, Colorado. Maximum exchange rate claimed: 150 cfs, conditional. k. Horsetooth Reservoir: An

existing structure located in the Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 6, T7N,

R69W, 6th P.M., Larimer County, Colorado. The Horsetooth Reservoir outlet connects to the Cache la

Poudre in the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 14, T8N, R70W, 6th P.M.,

Larimer County, Colorado. Maximum exchange rate claimed: 750 cfs, conditional. l. Grey Mountain Dam

and Reservoir: A proposed structure located in the Northwest 1/4 of the Northwest 1/4 of the Southeast 1/4

of Section 9, T8N, R70W, 6th P.M., Larimer County, Colorado. Maximum exchange rate claimed: 1200

cfs, conditional. m. Milton Seaman Reservoir: An existing structure located in the Southwest 1/4 of the

Southwest 1/4 of the Northeast 1/4 of Section 33, T9N, R70W, 6th P.M., Larimer County, Colorado.

Maximum exchange rate claimed: 400 cfs, conditional. ii. Northern Water claims the right to exchange

water between and among all of the points listed above at the rates of flow listed above at any time when

water is available in priority for such exchanges. iii. Appropriation date for all exchanges: December 11,

1992. iv. Source of water for exchange: Water diverted under the SPWCP water rights described in the

92CW130 and 11CW241 decrees. Said water will be delivered to the New Cache la Poudre River Irrigating

Company Canal and/or the Larimer and Weld Irrigation Company Canal and exchanged up the Cache la

Poudre River and the North Fork of the Cache la Poudre River by means of one or more foregone diversions

and reservoir releases. As allowed by any other decree, and with the consent of the owners of any such

reusable sources, and subject to any necessary approvals, water from other reusable sources may also be

recaptured by SPWCP facilities and exchanged up the Cache la Poudre River in the same manner. 3.

Detailed outline of what diligent effort has been undertaken toward completion of the appropriations: A.

The SPWCP Water Rights are part of the SPWCP, an integrated diversion project designed to provide water

to municipal and other users at any point served by Northern Water’s delivery system now or in the future.

Water yielded from the SPWCP Water Rights also will be used as supplemental irrigation water on irrigated

lands within Northern Water, or will be used to irrigate previously non irrigated lands within Northern

Water’s boundaries. The SPWCP may also be used to recapture reusable return flows from other reusable

sources and to deliver that water for further use within the boundaries of Northern Water via substitution

and exchange as described in the Decree entered in Case No. 92CW130. The SPWCP is designed to divert

unappropriated water from the Cache la Poudre and South Platte Rivers and reposition that water by

substitution and exchange at structures higher up in the Cache la Poudre River Basin in order to increase

the amount of water available for beneficial uses within Northern Water’s boundaries. B. The SPWCP

Water Rights and the other water supply features of the SPWCP were conceived and planned, and are

intended to be constructed and operated, as component parts of a common plan and scheme of development

and thus comprise an integrated water supply system. Work on one feature of the SPWCP shall be

considered in finding that reasonable diligence has been shown in the development of water rights for all

features of the entire SPWCP. C.R.S. § 37 90 301(4)(b). C. In addition to other uses, the SPWCP Water

Rights also are an integral component of the regional water supply project known as the Northern Integrated

Supply Project, or NISP. NISP is a regional water supply project proposed by Northern Water and pursued

by the NISP Water Activity Enterprise on behalf of numerous cities, towns, and water districts (“NISP

19

Participants”), a government-owned business within the meaning of Article X, § 20(2)(d) of the Colorado

Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq. and owned by Northern Water (“NISP

Enterprise”), on behalf of numerous cities, towns, and water districts (“NISP Participants”) that will use the

SPWCP Water Rights and other water rights to provide approximately 40,000 acre feet of reliable water

supply per year to the NISP Participants. The remaining portion of the SPWCP Water Rights that are not

associated with NISP will serve future demands within the boundaries of Northern Water. D. The SPWCP

Water Rights thus also are planned and intended to be constructed and operated as component parts of a

common plan and scheme of development for NISP and thus comprise part of an integrated water system

for NISP. Work on one feature of NISP shall be considered in finding that reasonable diligence has been

shown in the development of water rights for all features of NISP, including the SPWCP Water Rights.

C.R.S. § 37 90 301(4)(b). E. During the diligence period from October 2013 through October 2019,

Northern Water and NISP Enterprise have expended approximately $27 million and allocated substantial

resources towards the permitting, design, and development of the SPWCP Water Rights and NISP. The

following paragraphs describe examples of some of the more significant activities that support a finding of

reasonable diligence with respect to the SPWCP Water Rights: i. NISP Enterprise has applied for numerous

federal, state, and local permits or approvals as part of NISP. For example, NISP Enterprise applied for a

Clean Water Act (CWA) Section 404 permit from the U.S. Army Corps of Engineers for the construction

of NISP in 2004, and during the diligence period has engaged with the Corps in furtherance of that permit

application. The Corps issued a supplemental draft environmental impact statement (SDEIS) under the

National Environmental Policy Act (NEPA) in 2015 and issued a final environmental impact statement

(FEIS) in 2018. The permit application remains pending as of the date of this Application. NISP Enterprise

also applied for CWA Section 401 certification from the Colorado Department of Public Health and

Environment (CDPHE) in January 2019. Since 2017 and continuing through the date of this Application,

NISP Enterprise also has expended money and allocated resources for compliance with Larimer County’s

Areas and Activities of State Interest (a/k/a “1041”) code. ii. Another significant component of the

development and beneficial use of the SPWCP Water Rights is addressing issues related to the Endangered

Species Act (ESA) in the South Platte River basin. During the diligence period, Northern Water has been

involved in the implementation of a basin wide program to address ESA issues for water projects affecting

threatened and endangered species in the basin. The resulting Platte River Recovery Implementation

Program (PPRIP) provides such ESA compliance for new projects in the South Platte basin in Colorado

when a Colorado water user becomes a member in the South Platte Water Related Activities Program, Inc.

(SPWRAP). Northern Water has been a member of SPWRAP since its inception in 2005 and continues to

have representation on the board of directors and operational subcommittees, which affords Northern Water

the necessary ESA compliance to pursue development and beneficial use of the SPWCP Water Rights,

including as part of NISP. Northern Water has also continued work on ESA compliance through mitigation

planning and endangered species habitat and wetlands replacement. Northern Water expended

approximately $190,000 during the diligence period on these efforts. iii. As part of the regulatory review

process partially described above, NISP Enterprise also has developed measures to mitigate fish and

wildlife related impacts of NISP, as well as enhancements that go above and beyond direct mitigation of

project effects. Pursuant to C.R.S. § 37 60 122.2, NISP Enterprise worked with the Colorado Water

Conservation Board (CWCB) and Colorado Parks and Wildlife (CPW) to develop a “Fish and Wildlife

Mitigation and Enhancement Plan” (FWMEP) for NISP that included numerous mitigation measures, as

well as enhancements designed to improve the aquatic and riparian habitat of the Poudre River while at the

same time meeting the water supply needs of the NISP Participants using the SPWCP Water Rights and

other water rights. The CWCB adopted the FWMEP as the official state position on mitigation on October

10, 2017, and NISP Enterprise entered into an IGA with CPW to implement the measures identified in the

FWMEP on July 3, 2018. The FWMEP was also included as an appendix to the Corps’ FEIS. NISP

Enterprise already has implemented some of the measures identified in the FWMEP, including partnering

in the construction and operation of a fish and water bypass structure on the Watson Lake diversion structure

owned by CPW at a cost to NISP Enterprise of approximately $450,000. Northern Water also worked with

20

legislators in 2018 to amend Colorado statutes to enable implementation of the FWMEP’s “Conveyance

Refinement,” see C.R.S. § 37 92 102(8), and in Case No. 18CW3216, Water Division No. 1, is seeking

approval to make Protected Mitigation Releases pursuant to that statute and the FWMEP. iv. NISP

Enterprise has performed preliminary design for Galeton Reservoir and related facilities and structures,

Glade Reservoir and related facilities and structures, and relocation of U.S. Highway 287 away from the

Glade Reservoir footprint. NISP Enterprise expended approximately $7 million during the diligence period

on these efforts. v. Since at least 2018 and continuing to the present, NISP Enterprise has been working

with lenders and the NISP Participants to pursue financing options for NISP. NISP Enterprise also has

purchased property in furtherance of NISP. vi. During the diligence period, NISP Enterprise engaged

Harvey Economics to analyze future water needs within Northern Water’s boundaries through 2060.

Harvey Economics conducted this work during the diligence period and provided a final report on July 24,

2017, which confirmed that the NISP Participants have a need for additional water supplies to meet future

water demands that will be partially served by NISP. vii. During the diligence period, NISP Enterprise has

undertaken negotiations with ditch companies regarding the use of company structures by NISP and water

substitution agreements for NISP. viii. Northern Water has been an opposer in numerous water right

applications during the diligence period to protect the SPWCP Water Rights. 4. Landowner Notice: A list

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

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

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

as Exhibit B to this Application. 5. Remarks: During the diligence period, Northern Water did not divert

any amount of water under the SPWCP Water Rights, despite diligent efforts to make the SPWCP Water

Rights absolute. Therefore, by this diligence Application, Northern Water does not seek to make any portion

of the SPWCP Water Rights absolute and seeks only a finding of reasonable diligence for the SPWCP

Water Rights. (Pages 16)

19CW3200, 30 Mile Ranch, LLC, P.O. Box 337090, Greeley, CO 80633 (Bradford R. Benning, Petrock

Fendel Poznanovic, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND

WATER RIGHT FROM NONTRIBUTARY SOURCE, IN THE NONTRIBUTARY UNCONFINED

UPPER LARAMIE AQUIFER., WELD COUNTY Subject Property: 7293 acres located in all or parts of

Sections 28, 29, 31, 32, 33, T11N, R65W; Section 6, T10N, R65W; Sections 25, 33, 34, 35, T11N, R66W;

and Sections 2, 3, 4, 14, T10N, R66W of the 6th P.M., Weld County, as described and shown on Attachment

A (“Property”). Applicants own the Property. Source of Water Rights Requested: Nontributary unconfined

Upper Laramie aquifer groundwater as described in Section 37-90-103(10.5), C.R.S. Estimated Annual

Amount: Based on an average saturated thickness of 300 to 500 feet and conservative specific yield of 15%

(based on well logs from wells in area of Subject Property): 3200 to 5200 acre-feet per year. The final

decree will retain jurisdiction to calculate final annual amounts based on site specific data to be obtained

after drilling of the wells. Applicant may revise these values without the necessity of amending this

application or republishing the same. Proposed Use: Domestic, commercial, industrial, irrigation,

stockwatering, fire protection, and augmentation purposes, on and off the Subject Property. Applicant

claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant

to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. Further, Applicant prays that this Court grant the

application and for such other relief as seems proper in the premises. (5 pages).

19CW3201 (05CW295). City of Lafayette, c/o City Administrator, 1290 South Public Road, Lafayette,

Colorado 80026. Attorneys: David F. Bower, Esq., Michael S. Davidson, Esq., Johnson & Repucci LLP,

850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027; Phone: (303) 442-1900. Application

for Finding of Reasonable Diligence in BOULDER County. Overview. By this application, Lafayette

seeks to continue conditional exchanges on Coal Creek, Boulder Creek, Dry Creek, and South Boulder

Creek, involving reclaimable return flows from the Leyner-Cottonwood Ditch water rights changed in Case

No. 05CW295. These reclaimable return flows are or will be diverted by exchange at (a) the Lafayette

Ditch No. 1 and the Lafayette Ditch No. 4 on Coal Creek; (b) the Lower Boulder Ditch and the Lafayette

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Boulder Creek Pipeline No. 1 on Boulder Creek; (c) the Goodhue Ditch, the South Boulder and Bear Creek

Ditch, the point where the New Dry Creek Carrier branches from South Boulder Creek, and Gross Reservoir

on South Boulder Creek; and (d) the Enterprise Ditch and the Leyner-Cottonwood Ditch on Dry Creek. If

not needed for immediate use, the water can be stored in reservoirs which fill using the above described

diversion facilities. A map of the subject structures is attached hereto as Exhibit A. Name and

Descriptions of Conditional Water Rights. Original and Subsequent Decrees. The exchanges were

conditionally decreed on October 26, 2013, in Case No. 05CW295, Water Division 1. Description of

Exchange Termini. The reaches of the stream system affected by the exchanges can be described as follows:

Coal Creek. The upstream point is the Lafayette Ditch No. 1, located approximately 50 feet west of the

East Section line and 2,580 feet south of the North Section line of Section 10, Township 1 South, Range 69

West, of the 6th P.M. The downstream point is the confluence of Coal Creek and Boulder Creek, located

in the SE1/4 NE1/4 of Section 1, Township 1 North, Range 69 West, of the 6th P.M. Boulder Creek. The

upstream point is the confluence of South Boulder Creek and Boulder Creek, located near the Southeast

Corner of the NE1/4 SW1/4 of Section 22, Township 1 North, Range 70 West, of the 6th P.M. The

downstream point is the confluence of Boulder Creek and Coal Creek, as described in paragraph 3.B.i.

above. South Boulder Creek. The upstream point is Gross Reservoir, which is an on-stream reservoir

located in Sections 19, 20, 21, 29, and 30, Township 1 South, Range 71 West, of the 6th P.M. The

downstream point is the confluence of South Boulder Creek and Boulder Creek, as described in paragraph

3.B.ii. above. Dry Creek a/k/a the Dry Creek Carrier and the New Dry Creek Carrier. The upstream point

is the confluence of the New Dry Creek Carrier with South Boulder Creek, located in the SW1/4 SW1/4 of

Section 3, Township 1 South, Range 70 West, of the 6th P.M. The downstream point is the confluence of

Dry Creek with Boulder Creek, located in the NE1/4 SW1/4 of Section 17, Township 1 North, Range 69

West, of the 6th P.M. Legal Description of Diversion Structures. The locations of the structures where the

exchanged water can be diverted and in which water is or will be stored by Lafayette are described as

follows: Lafayette Ditch No. 1. The Lafayette Ditch No. 1 diverts water from Coal Creek at a point

approximately 50 feet west of the East Section line and 2,580 feet south of the North Section line of Section

10, Township 1 South, Range 69 West, of the 6th P.M. Lafayette Ditch No. 4. The Lafayette Ditch No. 4

diverts water from Coal Creek at a point approximately 500 feet west of the East Section line and 1,000

feet north of the South Section line of Section 36, Township 1 North, Range 69 West, of the 6th P.M.

Lower Boulder Ditch. The Lower Boulder Ditch diverts water from Boulder Creek in the SW1/4 SW1/4

of Section 16, Township 1 North, Range 69 West, of the 6th P.M. The Lower Boulder Ditch diverts water

from Boulder Creek by means of a dam, a water conveyance channel, and headworks. The diversion dam

is constructed across Boulder Creek at a point approximately 1,300 feet north and 150 feet east of the

Southwest Corner of Section 16, and operates to deflect normal stream flow into the water conveyance

channel and toward the headworks of the Lower Boulder Ditch. The headworks are located at a point

approximately 1,100 feet north and 600 feet east of the Southwest corner of Section 16. The headworks

consist of a dam across the water conveyance channel, with control gates and an overflow section, and

headgates at right angles to the flow in the channel which divert water into the main ditch. Any water not

diverted through the headgates returns to Boulder Creek unused. Lafayette Boulder Creek Pipeline No. 1.

The Lafayette Boulder Creek Pipeline No. 1 diverts water from the south bank of Boulder Creek in the

SW1/4 NE1/4 of Section 13, Township 1 North, Range 70 West, of the 6th P.M., located approximately

2,476 feet south of the North section line and 2,500 feet west of the East section line of said Section 13.

Goodhue Ditch. The Goodhue Ditch diverts water at a point on the south bank of South Boulder Creek in

the SE1/4 NE1/4 of Section 20, Township 1 South, Range 70 West, of the 6th P.M., located approximately

2,250 feet south and 250 feet west of the Northeast Corner of said Section 20. South Boulder and Bear

Creek Ditch. The South Boulder and Bear Creek Ditch diverts water at a point on the north bank of South

Boulder Creek in the SE1/4 NE1/4 of Section 20, Township 1 South, Range 70 West, of the 6th P.M.,

located approximately 200 feet west and 1,550 feet south of the Northeast Corner of said Section 20. New

Dry Creek Carrier. The New Dry Creek Carrier is a natural branch from South Boulder Creek located on

the east bank of South Boulder Creek in the SW1/4 SW1/4 of Section 3, Township 1 South, Range 70 West,

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of the 6th P.M., at a point approximately 450 feet east and 70 feet north of the Southwest Corner of said

Section 3. Enterprise Ditch. The Enterprise Ditch diverts water at a point on the north bank of the New

Dry Creek Carrier in the SW1/4 SW1/4 of Section 3, Township 1 South, Range 70 West, of the 6th P.M.,

located approximately 900 feet east and 70 feet north of the Southwest Corner of said Section 3. Leyner-

Cottonwood Ditch. The Leyner-Cottonwood Ditch diverts water at a point on the east bank of Dry Creek

in the SW1/4 NW1/4 of Section 30, Township 1 North, Range 69 West, of the 6th P.M., located

approximately 900 feet east and 2,500 feet south of the Northwest Corner of said Section 30. Henry Waneka

Reservoir. The Henry Waneka Reservoir is located in Section 4, Township 1 South, Range 69 West, of the

6th P.M. Baseline Reservoir. Baseline Reservoir is located in Sections 2 and 3, Township 1 South, Range

70 West, and in Sections 34 and 35, Township 1 North, Range 70 West, of the 6th P.M. Lafayette-Goose

Haven Reservoir Complex. The Lafayette-Goose Haven Reservoir Complex is located in Sections 15, 16,

21, and 22, Township 1 North, Range 69 West, of the 6th P.M. Gross Reservoir. Gross Reservoir is an on-

stream reservoir on South Boulder Creek located in Sections 19, 20, 21, 29, and 30, Township 1 South,

Range 71 West, of the 6th P.M. Source. The source of water is the consumptive use portion of return flows

associated with diversions under the Leyner-Cottonwood water rights changed in Case No. 05CW295.

Appropriation Date. January 21, 2011. Amount. 8.0 cfs, conditional. Decreed Uses. The exchanged

water is utilized by Lafayette for municipal, domestic, irrigation, commercial, industrial, replacement,

exchange, augmentation, recreational, piscatorial, and wildlife propagation purposes. The water is treated

for distribution to customers of the municipal utility system, or the water is used without treatment for the

irrigation of city owned land and other greenbelt areas within the municipal service area. The water is also

stored for use at later times. Claim for Finding of Reasonable Diligence. Lafayette seeks to continue as

conditional the exchanges originally decreed in Case No. 05CW295 as described in paragraph 3 above.

During the subject diligence period from October 26, 2013 through present, the following activities have

been performed to put the subject water rights to beneficial use, and also show that Lafayette continues to

have a need for the conditional exchange rights: Lafayette prosecuted an application in Case No.

2011CW298 which involved the Lafayette Boulder Creek Pipeline No. 1, (Second Filing). The decree was

entered on June 15, 2014. Lafayette prosecuted an application in Case No. 2015CW3009, which involved

the Goose Haven Reservoir Complex. A portion of the storage right was made absolute and the conditional

status of the remainder was extended through May of 2022. The decree was entered on May 18, 2016.

Lafayette prosecuted applications in Case Nos. 2018CW3035 and 19CW3020, which both involved other

conditional exchange rights in Coal Creek, Boulder Creek, Dry Creek, and South Boulder Creek. The

decree in Case No. 18CW3035 was entered on April 16, 2019. A ruling was entered in Case No. 19CW3020

on September 17, 2019. The storage capacity of the Goose Haven Reservoir Complex is in the process of

being expanded. Repairs have been made to Baseline Reservoir and Waneka Reservoir. Approximately

5,800 feet of treated water mains have been designed and have been installed or are in the process of being

installed. As a result of the flood in 2013, Lafayette’s raw water intake on South Boulder Creek in Eldorado

Springs Canyon, and a portion of the water line extending from the intake, were rebuilt. Special Use Permits

were obtained from Boulder County in conjunction with the construction of raw water and treated water

lines located outside of Lafayette’s city limits. A raw water line extending from Coal Creek to the Lafayette

Goose Haven Reservoir Complex has been designed and is in the process of being constructed. Lafayette

has coordinated with the City of Boulder on a water storage application for the Gross Reservoir

Environmental Pool as envisioned in Intergovernmental Agreements with the City and County of Denver,

acting by and through its Board of Water Commissioners, and the City of Boulder. That application is

being prosecuted in Case No. 17CW3212. Lafayette has continued its participation in the Windy Gap

Firming Project and the Northern Integrated Supply Project. Lafayette has participated as an opposer in

Water Court matters to ensure that the exchanges described herein are not injured. 7 pages.

19CW3202, The Consolidated Mutual Water Company, 12700 West 27th Avenue, Lakewood, CO

80215, (303) 238-0451, through counsel Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C.,

390 Union Boulevard, Suite 400, Lakewood, CO 80215, (303) 986-1551, APPLICATION FOR FINDING

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OF REASONABLE DILIGENCE CONCERNING CONDITIONAL WATER RIGHTS in JEFFERSON

COUNTY. 2. Name of Structure: Maple Grove Intake (direct flow from Lena Gulch). 3. Previous

Decrees. The Maple Grove Intake was originally decreed, with portions confirmed absolute and conditional

portions continued, in the following actions of the District Court, Water Division 1. (a) Original Decree:

Case No. 88CW225, entered April 14, 1991; 1.6 cfs confirmed perfected for municipal uses, including

irrigation, domestic, commercial, industrial, recreational, fish, and wildlife uses of the original 18.6 cfs

claimed for such purposes and for exchange, replacement and augmentation uses. (b) Diligence/Absolute

Decree: Case No. 97CW124, entered April 24, 1998; an additional 2.5 cfs confirmed perfected for

municipal uses, including irrigation, domestic, commercial, industrial, recreational, fish and wildlife. (c)

Diligence/Absolute Decree: Case No. 04CW114, entered December 27, 2006; an additional 12.66 cfs

confirmed perfected for municipal uses, including irrigation, domestic, commercial, industrial, recreational,

fish and wildlife. (d) Diligence Decree: Case No. 12CW288, entered October 28, 2013; confirmed

continued diligence for remaining conditional water rights in the amounts of 1.84 cfs for municipal uses,

including irrigation, domestic, commercial, industrial, recreational, fish, and wildlife, and 18.6 cfs for

exchange, replacement and augmentation uses. 4. Description of the subject conditional water rights

(“Subject Water Rights”). (a) Legal Description of Structure: located in the SE1/4 of the SW1/4 of Section

29, Township 3 South, Range 69 West of the 6th P.M., at a point which bears North 01º01’ West, 492 feet

from the south quarter of said Section 29, in Jefferson County, Colorado. (b) Source: Lena Gulch, also

known as Green Mountain Creek and as Dry Creek, a tributary of Clear Creek, tributary of the South Platte

River. (c) Date of Appropriation: February 19, 1988. (d) Amounts and Uses: 1.84 cfs CONDITIONAL,

for municipal uses, including irrigation, domestic, commercial, industrial, recreational, fish, and wildlife;

18.6 cfs CONDITIONAL, for exchange, replacement and augmentation use. 5. Diligence Activities. Work

done and funds expended by Applicant during the relevant diligence period toward completion of the

appropriation included the following: (a) Consolidated expended approximately $7.84 million for the

operation and maintenance of its water treatment plant, which treats raw water produced by Maple Grove

Reservoir. (b) Consolidated expended $618,100 for maintenance and operation of Maple Grove Reservoir.

(c) Consolidated expended $121,977 installing and enhancing its raw water telemetry system in order to

comply with the water accounting requirements of State water officials and manage its raw water system.

(d) Consolidated expended $506,175 for legal and engineering costs to defend Consolidated’s portfolio of

water rights and to secure contractual and property rights related to its municipal water system. 6. Name

and address of potentially affected landowners: Applicant owns the property at the point of diversion for

the Maple Grove Intake and all of the property containing Maple Grove Reservoir. No new diversion or

storage structure, or modification to any existing diversion or storage structure, is anticipated by the

Applicant with respect to the claims in this matter. (3 pages).

19CW3203 DAVID Y. ROGERS AND NANCY A. ROGERS, P.O. Box 160, Lake George, CO 80817.

Please send all pleadings and correspondence to David M. Shohet and Emilie B. Polley of Monson,

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

1212). Application for Finding of Reasonable Diligence in PARK COUNTY. Name of Structures:

Georgia’s Spring Pond, John III’s Spring Pond, Bobbi’s Spring Pond, & Maxine’s Pond. Date, Case No.,

and Court of Original Decree: June 14, 2000, 98CW320, District Court, Water Division 1. Findings of

Diligence: November 20, 2006, 06CW144, District Court, Water Division 1. October 25, 2013, 12CW255,

District Court, Water Division 1. Georgia’s Spring Pond. Located in the NE1/4 SW1/4 of Section 22,

Township 13 South, Range 73 West of the 6th P.M., at a point approximately 1,650 feet North of the

Southwest corner of Section 22, hence 1,350 feet from the West section line of Section 22. John III’s Spring

Pond. Located in the NE1/4 SW1/4 of Section 22, Township 13 South, Range 73 West of the 6th P.M., at a

point approximately 1, 120 feet North of the Southwest corner of Section 23, hence 740 feet from the West

section line of Section 23. Bobbi’s Spring Pond. Located in the SW1/4 SW1/4 of Section 23, Township 13

South, Range 73 West, of the 6th P.M., at a point approximately 1,120 feet North of the Southwest corner

of Section 23, hence 740 feet from the West section line of Section 23. Maxine’s Pond. Located in the

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SW1/4 SW1/4 of Section 23, Township 13 South, Range 73 West of the 6th P.M., at a point approximately

860 feet North of the Southwest corner of Section 23, hence 740 feet from the West section line of Section

23. The location of each pond is shown on the attached Exhibit A map. Source of Water: Georgia’s Spring

Pond & John III’s Spring Pond. Spring tributary to Pruden Creek, tributary to the South Platte River.

Bobbi’s Spring Pond. Spring tributary to Union Creek, tributary to the South Platte River. Maxine’s Pond.

Balm of Gilead Creek and Union Creek, via Union Creek Ditch, tributary to the South Platte River.

Appropriation and Date, Amount: April 6, 1998, for all four conditional water rights. Georgia’s Spring

Pond. 1.67 acre feet. John III’s Spring Pond. 1.87 acre feet. Bobbi’s Spring Pond. 3.60 acre feet. Maxine’s

Pond. 2.58 acre feet, rate of diversion for filling the reservoir is 0.50 c.f.s. Use: The uses for all four

conditional water rights are irrigation of 70 acres of hayfields, piscatorial, and fire protection. The total

acreage to be irrigated by Georgia’s Spring Pond, John III’s Spring Pond, Bobbi’s Spring Pond, and

Maxine’s Pond is 70 acres. The use of Bobbi’s Spring Pond and Maxine’s Pond for stock watering was

decreed as absolute in Case No. 12CW255. Detailed Outline of Diligence. During the subject diligence

period, Applicants have outlaid the following expenditures or completed the following work related to the

conditional water rights: Expenditures for construction to reengineer, construct, clean, develop, and solidify

Georgia’s Spring Pond and John III’s Spring Pond to reduce leakage and seepage. This work included the

use of 75 sacks of bentonite, a dozer and dozer operator, track hoe rock bucket and an operator for the rock

bucket. Replaced trough in the John III’s Spring Pond for livestock and wildlife watering, and fire

protection. Hired resident manager and caretaker to mow, rake, revitalize, and seed hay meadows for future

irrigation. Applicants have continued a grazing lease on the Rogers Unit with 20 black angus mother cows,

in addition to 40 other mother cows grazing the property. Cleaned and maintained all springs, as necessary,

to allow water to flow to each pond. Diverted water and placed such water to the beneficial uses of stock

water watering and fire protection. Claim to Make Absolute. In light of the continuous diversion and

application of water to beneficial use described in Section IV above, Applicant seeks to make absolute the

water rights decreed in Case No. 98CW320, for which diligence has previously been granted in 06CW144

and 12CW255, as stated below: Structure Name. Georgia’s Spring Pond. Date Water Applied to Beneficial

Use: June 10, 2019. Amount: 1.67 acre feet. Use: Stock watering and fire protection. Description of Place

of Use Where Water is Applied to Beneficial Use: Applicant’s Property. Structure Name. John III’s Spring

Pond. Date Water Applied to Beneficial Use: June 10, 2019. Amount: 1.87 acre feet. Use: Stock watering

and fire protection. Description of Place of Use Where Water is Applied to Beneficial Use: The Applicant’s

Property. Structure Name. Bobbi’s Spring Pond. Date Water Applied to Beneficial Use: June 10, 2019.

Amount: 3.60 acre feet. Use: Fire protection. Description of Place of Use Where Water is Applied to

Beneficial Use: Applicant’s Property. Structure Name. Maxine’s Pond. Date Water Applied to Beneficial

Use: June 10, 2019. Amount: 2.58 acre feet. Use: Fire protection. Description of Place of Use Where

Water is Applied to Beneficial Use: Applicant’s Property. Name and address of the owners of land on

which structures are located. Applicant owns the land where all structures named in this Application are

located. The beneficial use of the water from these sources are upon the Applicant’s land.

19CW3204 (2014CW3157, 98CW427) COLORADO DIVISION OF PARKS AND WILDLIFE AND

THE PARKS AND WILDLIFE COMMISSION, 6060 Broadway, Denver, CO 80216 (Please address

all correspondence and inquiries regarding this matter to Joe Phillips 720-508-6265, Heather A. Warren

720-508-6266, Office of the Attorney General, 1300 Broadway, 7th Floor, Denver, CO 80203.) Application

to Make Absolute and for Findings of Reasonable Diligence, and to Continue Conditional Water

Rights, In WELD COUNTY. 1. Name, mailing address, e-mail address, and telephone number of

applicant: Colorado Division of Parks and Wildlife (“CPW”), Attn: Ed Perkins, Water Rights

Administrator, 6060 Broadway, Denver, Colorado 80216, 303-291-7466; ed.perkins@state.co.us. Please

direct communications regarding this case to the attorneys listed in the caption. 2. Name of structures:

Blue Heron Reservoir. 3. Description of Conditional Storage Right. A. Original decree: October 4, 2013,

Case No. 98CW427, District Court, Water Division 1. B. Legal Description. The Blue Heron Reservoir is

located in the SW1/4 of Section 3, T2N, R68W of the 6th PM, Weld County, Colorado. The approximate

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center point of the reservoir is 1,570 feet North of the South section line and 1,185 feet East of the West

section line of Section 3. C. Sources. Boulder Creek and St. Vrain Creek, tributaries to the South Platte

River. D. Dates of Appropriation. 1) The date of appropriation for diversions at the St. Vrain Creek

Diversion for the initial fill is December 17, 1998. 2) The date of appropriation for diversions from Boulder

Creek at the Rural Ditch Headgate for the initial fill is March 30, 2000. 3) The date of appropriation for

the refill right for all points of diversion is September 28, 2000. E. Points of Diversion. 1) Rural Ditch

Headgate. Water will be diverted from Boulder Creek through the Rural Ditch. The Rural Ditch headgate

is located in the NE1/4 of Section 20, T2N, R68W of the 6th P.M., Weld County, Colorado. Water diverted

from Boulder Creek is conveyed down the Rural Ditch to a point where the Rural Ditch and Idaho Creek

converge into a single channel. Water then flows down the combined Rural Ditch/Idaho Creek channel to

a point where the Rural Ditch and Idaho Creek bifurcate and then down the Rural Ditch to the Rademacher

Lateral headgate located in the Northeast 1/4 of Section 10, T2N, R68W of the 6th PM, Weld County, as

shown on Exhibit A. 2. St. Vrain Creek Diversion. The diversion point from St. Vrain Creek into the

Reservoir is located in the NW 1/4 of Section 3, T2N, R68W of the 6th PM, Weld County, Colorado as

shown on Exhibit A. CPW will divert water at the St. Vrain Creek Diversion at a rate no greater than 20

c.f.s. G. Amount. 900 acre-feet—614.6 acre-feet of which was made absolute in Case No. 14CW3157,

with the other 285.4 acre-feet remaining conditional—with the right to one partial refill in the conditional

amount of 150 acre-feet. Annual diversions to storage shall be limited to 900 acre-feet, less carry over from

the previous year, plus the refill. The refill right is limited to replacement of evaporation losses after the

Reservoir’s first fill, limited to 150 acre-feet annually. H. Uses. Recreation, fish and wildlife propagation,

and fire protection within the Property. Recreation and fish and wildlife propagation uses shall take place

within the high water line of the Reservoir. 4. Description of claim to make the remaining conditional

portion of the 900 acre-feet storage right absolute, and of efforts toward completion of the

appropriation and application to beneficial use: In Case No. 14CW3157, the Court decreed 614.6 acre-

feet of the Blue Heron storage right absolute, with the other 285.4 acre-feet remaining conditional. Since

that time CPW has diverted and stored water in priority for the decreed uses to the full 900 acre-feet amount.

Specifically, 525 acre-feet were carried over to the 2015 water year under the Blue Heron Right. On

December 12-17, 2014; April 22-24, 2015; and September 16-October 7, 2015, CPW diverted 157 AF from

St. Vrain Creek under the Blue Heron December 17, 1998 priority date. Throughout that water year, free-

river in-priority precipitation was booked over to the Blue Heron Storage right, limited to CPW’s St. Vrain

Creek pump capacity of 3 c.f.s. That in-priority precipitation totaled 101 acre-feet. Thus a total of 783 acre-

feet was stored in Blue Heron Reservoir and accounted under the Blue Heron Storage Right. At the end of

the 2015 water year, 661 acre-feet remained in storage under the Blue Heron Storage Right and was carried

over to the 2016 water year. On September 22-23 and 25-27, 2015; and October 3-4 and 6-31, 2015 CPW

diverted 169 acre-feet from St. Vrain Creek under the Blue Heron December 17, 1998 priority date.

Throughout the water year, 70 acre-feet of free-river in-priority precipitation was booked over to the Blue

Heron Storage right, limited to CPW’s St. Vrain Creek capacity of 3 c.f.s. Thus a total of 900 AF was stored

in Blue Heron Reservoir and aed for under the Blue Heron Storage Right during the 2016 water year. The

foregoing in-priority diversions are reflected in the accounting records attached as Exhibit B. The entire

above-described 900 acre-feet stored in the Blue Heron Reservoir under the subject water right was used

for the decreed uses of recreation, fish propagation, and fire protection. In addition to the above-described

actual, in-priority diversions into the Reservoir, CPW has expended tens of thousands of dollars and dozens

of staff-hours on year-round lake management activities including boat safety enforcement, seasonal

installation and removal of boat docks, management of Eurasian Milfoil in the Reservoir, recreational

signage, control of aquatic nuisance species, weed and erosion management, and trail access to the

reservoir. During the diligence period CPW further expended time and resources through reviewing

monthly water court resumes to ensure its water rights would not be injured by other water users. 5. Name

of owners of land upon which structures are located: Colorado Division of Parks and Wildlife, 1313

Sherman St., Denver, CO 80203; Colorado State Land Board, 1127 Sherman St, Denver, CO 80203.

WHEREFORE, Applicant respectfully requests that this Court enter a decree (1)(a) that the remaining

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conditional 285.4 acre-feet has been made absolute such that the entire 900 acre-feet storage right for the

Blue Heron Reservoir originally decreed in Case No. 98CW427 has been made absolute and (b) that CPW

has exercised reasonable diligence with respect to the 150 acre-feet refill right; or in the alternative (2) that

Applicant has exercised reasonable diligence with respect to the remaining conditional 285.4 acre-feet and

the 150 acre-feet refill right originally decreed in Case No. 98CW427.

Number of pages of application: 4.

19CW3205 CHARLENE PRIEST, ANGELA PRIEST, AND JEREMY PRIEST, 26800 County Road

5, Elizabeth, CO, 80107. Eric K Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800,

Denver, CO, 80202. Application for Underground Water Rights From Nontributary And Not Nontributary

Sources And For Approval Of Plan For Augmentation, In The Nontributary Lower Dawson, Denver,

Arapahoe And Laramie-Fox Hills And The Not Nontributary Upper Dawson Aquifers IN ELBERT

COUNTY. Subject Property: Applicants own 35.103 acres being in the NW1/4 NW1/4, Section 23,

Township 9 South, Range 65 West of the 6th P.M., County of Elbert, State of Colorado. Well Permits:

There is one existing Upper Dawson exempt well on the Subject Property registered under well permit

number 267549. Additional well permits will be applied for prior to construction of the wells. Source of

Water Rights: The Upper Dawson Aquifer is not nontributary as described in C.R.S. § 37-90-103(10.7),

and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers are nontributary as described

in C.R.S. § 37-90-103(10.5). Estimated Amounts: Applicants estimate the following annual amounts are

available in each aquifer: Upper Dawson, 12.31 AF; Lower Dawson, 9.42 AF; Denver, 14.15 AF;

Arapahoe, 13.83 AF; Laramie-Fox Hills, 9.96. The total estimated amount in the Upper Dawson Aquifer

is reduced by 4 AF a year for the existing exempt well under permit number 267549. Proposed Uses:

Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including

storage, both on and off the Subject Property. Jurisdiction: The Water Court has jurisdiction over the

subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), and 97-92-302(2). Summary of Plan

for Augmentation: Groundwater to be Augmented: Approximately 12.31 acre-feet per year of Upper

Dawson aquifer groundwater. Water Rights to be Used for Augmentation: Return flows from the use of

not nontributary and nontributary groundwater and direct discharge of nontributary groundwater. Statement

of Plan for Augmentation: The Upper Dawson Aquifer groundwater will be used for in-house use in up to

three (3) single-family residences, irrigation, including lawn, garden, trees, pasture, hay, agricultural uses,

livestock watering, and fire protection, through a new or existing well (Permit No. 267549). Applicants

reserve the right to revise the annual amount to be withdrawn and the proposed uses without having to

amend or republish the application. Sewage treatment for in-house use will be provided by non-evaporative

septic systems, and return flows from in-house and irrigation use will be approximately 90% and 15% of

those uses, respectively. During pumping Applicants will replace actual depletions to the affected stream

systems pursuant to C.R.S. § 37-90-137(9)(c.5). Applicants estimate that depletions occur to the Running

Creek stream system. Return flows accrue to the South Platte River stream system via Running Creek, and

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

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

meet post-pumping augmentation requirements. Applicants request the court approve the above

underground water right, plan for augmentation, find that Applicants have complied with C.R.S. § 37-90-

137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of

or persons entitled to use water under any vested water right or decreed conditional water right, and grant

such other and further relief as is appropriate. 4 Pages.

19CW3206, Robert Shields, 41922 Vista Ridge, Parker, CO 80138 (Eric K. Trout, Petrock Fendel

Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND

WATER RIGHTS FROM NONTRIBUTARYAND NOT NONTRIBUTARY SOURCES IN THE

NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND NOT

NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY, 4.42 acres being Lot 54,

27

Thunder Hill Subdivision, generally located in the NE1/4NW1/4 of Section 1, T7S, R65W of the 6th P.M.,

Elbert County, as shown on Attachment A hereto (Subject Property). Source of Water Rights: The Upper

Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. and the Denver,

Arapahoe and Laramie-Fox Hills aquifers is nontributary as described in Section 37-90-103(10.5), C.R.S.

Estimated amounts: Upper Dawson: 0.7 acre-feet (does not include amount for existing well), Denver: 2.7

acre-feet, Arapahoe: 2.6 acre-feet; Laramie-Fox Hills: 1.4 acre-feet. Uses: Domestic, commercial,

irrigation, stockwatering, fire protection and augmentation purposes, including storage, on and off the

Subject Property. Request for underground water rights pursuant to Section 37-92-602(4), C.R.S.: Well

Permit No. 176524, permitted on March 3, 1994; Upper Dawson aquifer/375 feet deep; Amount: 12

gpm/0.69 acre-feet (absolute); Use: household purposes in one single family dwelling, fire protection,

watering of 4 large domestic animals, and irrigation of 6800 square-feet of home lawn and garden; Located

in the NE1/4NW1/4 of Section 1, T7S, R65W, 650 feet from the north and 2250 feet from the west section

lines. (Copy of well permit record attached). Further, Applicant prays that this Court grant the application

and for such other relief as seems proper in the premises. (7 pages).

19CW3207(11CW279). Cheley Colorado Camps, Inc. (“Cheley”), attn: Jeff Cheley, 601 Steele Street, P.O.

Box 6525, Denver, CO 80206. Copies of all pleadings to: Glenn E. Porzak, Karen L. Henderson, Cassidy

L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302.

APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY.

Overview. Cheley was established in 1921 and operates a summer camp and other specialty camps for boys

and girls. By this application, Cheley seeks a finding of reasonable diligence with regard to certain

exchanges decreed in Case No. 11CW279. 3. Description of the Appropriative Rights of Exchange. 3.1.

Handy Ditch Exchanges. The following exchanges were decreed by the District Court in and for Water

Division No. 1 (the “Water Court”) in Case No. 11CW279 on October 2, 2013. 3.1.1. Exchange from

Point. The Handy Ditch headgate is located on the right bank of the Big Thompson River immediately

downstream from the mouth of the Big Thompson Canyon in the SW1/4 of Section 3, Township 5 North,

Range 70 West of the 6th P.M, Larimer County, Colorado. For ease of reference but without changing the

decreed location, this location can be alternately described as follows: UTM Coordinates NAD 83, Zone

13, Easting: 480920, Northing: 4474549. See Exhibit A. 3.1.2. Exchange to Points. 3.1.2.1. Cheley

Pipeline and Cheley Pipeline Enlargement. The point of diversion is in the NW1/4 of the NE1/4 of Section

13, Township 4 North, Range 73 West of the 6th P.M., at a point 2,564 feet from the east section line and

473 feet from the north section line of said Section 13, Larimer County, Colorado. For ease of reference

but without changing the decreed location, this point of diversion can be alternately described as follows:

UTM Coordinates NAD 83, Zone 13, Easting: 456310.5, Northing: 4462895. See Exhibit A. 3.1.2.2. Cheley

Springs Well No. 1. The point of depletion in the SE1/4 of the SW1/4 of Section 12, Township 4 North,

Range 73 West of the 6th P.M., at a point 2,416 feet from the west section line and 972 feet from the south

section line of said Section 12, Larimer County, Colorado. For ease of reference but without changing the

decreed location, this point of depletion can be alternately described as follows: UTM Coordinates NAD

83, Zone 13, Easting: 456160.9, Northing: 4463334.5. See Exhibit A. 3.1.2.3. Cheley Springs Well No. 2.

The point of depletion in the SE1/4 of the SW1/4 of Section 12, Township 4 North, Range 73 West of the

6th P.M., at a point 2,416 feet from the west section line and 972 feet from the south section line of said

Section 12, Larimer County, Colorado. For ease of reference but without changing the decreed location,

this point of depletion can be alternately described as follows: UTM Coordinates NAD 83, Zone 13,

Easting: 456160.9, Northing: 4463334.5. See Exhibit A. 3.1.2.4. Jelsema Ditch and Pond. The decreed

location for the point of diversion for the ditch is in the SE1/4 SW1/4 of Section 12, Township 4 North,

Range 73 West of the 6th P.M., Larimer County, Colorado and the pond being located 428.4 feet from the

point of diversion of the ditch. The point of diversion for the ditch is alternatively described as being in the

SE1/4 of the SW1/4 of Section 12, Township 4 North, Range 73 West of the 6th P.M., at a point 2,416 feet

from the west section line and 972 feet from the south section line of said Section 12, Larimer County,

Colorado. For ease of reference but without changing the decreed location, this point of diversion can be

28

alternately described as follows: UTM Coordinates NAD 83, Zone 13, Easting: 456160.9, Northing:

4463334.5. See Exhibit A. 3.1.2.5. Tallant Springs Well No. 4. The point of depletion is in the NE1/4 of

the SE1/4 of Section 7, Township 4 North, Range 72 West of the 6th P.M., at a point 67 feet from the east

section line and 2,347 feet from the south section line of said Section 7, Larimer County, Colorado. For

ease of reference but without changing the decreed location, this point of depletion can be alternately

described as follows: UTM Coordinates NAD 83, Zone 13, Easting: 458682, Northing: 4463754. See

Exhibit A. 3.1.2.6. Trails End Ranch for Boys Well No. 3 (aka BTE Well). The point of depletion is in the

SE1/4 of the SW1/4 of Section 16, Township 6 North, Range 72 West of the 6th P.M., at a point 1,652 feet

from the west section line and 495 feet from the south section line of said Section 16, Larimer County,

Colorado. For ease of reference but without changing the decreed location, this point of depletion can be

alternately described as follows: UTM Coordinates NAD 83, Zone 13, Easting: 459922.3, Northing:

4481191. See Exhibit A. 3.1.2.7. Trails End Well and Pipeline (aka GTE Well). The point of depletion is

in the SW1/4 of the SW1/4 of Section 28, Township 6 North, Range 72 West of the 6th P.M., at a point 454

feet from the west section line and 1,200 feet from the south section line of said Section 28, Larimer County,

Colorado. For ease of reference but without changing the decreed location, this point of depletion can be

alternately described as follows: UTM Coordinates NAD 83, Zone 13, Easting: 459514.3, Northing:

447214. See Exhibit A. 3.1.3. Source of Supply. Up to 3.5 consumptive acre-feet decreed by the Water

Court in Case No. 99CW110, as being historically attributable to 0.58 shares of the Handy Ditch Company,

a Colorado mutual ditch company, represented by Certificate No. 4352 (previously 3847), which such share

consisting of a 0.58/900th share of the following water rights: (A) Handy Ditch, transferred from the Big

Thompson Ditch & Manufacturing Company, all on the Big Thompson River, adjudicated by original

decree of the Larimer County District Court in Civil Action No. 260, entered May 28, 1883: (i) Priority No.

2, for 1.39 cfs, appropriation date April 1, 1863, of which 0.695 cfs is available to the shareholders of the

Handy Ditch Company; (ii) Priority No. 4, for 1.52 cfs, appropriation date May 1, 1864, of which 0.76 cfs

is available to the shareholders of the Handy Ditch Company; (iii) Priority No. 10 1/2, for 2.69 cfs,

appropriation date March 1, 1867, of which 1.345 cfs is available to the shareholders of the Handy Ditch

Company; (iv) Priority No. 20, for 0.40 cfs, appropriation date May 1, 1872, of which 0.20 cfs is available

to Handy Ditch shareholders; (B) Handy Ditch transferred from the Big Thompson Irrigating Ditch by

decree of the Larimer County District Court in Civil Action No. 1336, entered on June 2, 1882: Priority

No. 5, for 20.0 cfs, appropriation date February 25, 1865; (C) Handy Ditch by original appropriation from

the Big Thompson River by decree of the Larimer County District Court entered May 28, 1883: (i) Priority

No. 39, for 31.2 cfs, appropriation date February 28, 1878; (ii) Priority No. 47½, for 141.234 cfs,

appropriation date December 15, 1880. Collectively referred to herein as “Handy Ditch Water.” 3.1.4.

Exchange Rates.

3.1.5. Appropriation Date. December 29, 2011. 3.1.6. Use. Augmentation. 3.2. Windy Gap Exchanges.

The following exchanges were decreed by the Water Court in Case No. 11CW279 on October 2, 2013.

3.2.1. Exchange from Point. The outlet of Lake Estes is located on the Big Thompson River in portions of

Sections 29 and 30, Township 5 North, Range 70 West of the 6th P.M., Larimer County, Colorado. For

ease of reference but without changing the decreed location, this location can be alternately described as

follows: UTM Coordinates NAD 83, Zone 13, Easting: 458782, Northing: 4469645. See Exhibit A. 3.2.2.

Exchange From &

Source Exchange To

Exchange

Rate

Maximum

Rate of

Exchange

Annual

Volumetric

Limit

Handy Ditch

Water

Cheley Pipeline 0.18 cfs

1.0 cfs 3.50

acre-feet

Cheley Springs Well No. 1 0.25 cfs

Cheley Springs Well No. 2 0.75 cfs

Jelsema Ditch & Pond 0.70 cfs

Tallant Springs Well No. 4 0.006 cfs

BTE Well 0.088 cfs

GTE Well 0.088 cfs

29

Exchange to Points. The same points of diversion and/or depletion described in paragraph 3.1.2 above.

3.2.3. Source of Supply. Eight (8) consumptive acre-feet of Windy Gap water pursuant to a Water Lease

Agreement between Cheley and the Town of Estes Park dated May 22, 2012 (“Lease”). The fully

consumable, second use Windy Gap Water provided to Cheley pursuant to the Lease is from the Town of

Estes Park’s three units of Windy Gap water pursuant to an allotment contract with the Municipal Sub-

district, Northern Colorado Water Conservancy District. The Town of Estes Park’s Windy Gap water is

part of an augmentation and exchange plan decreed by the Water Court in Case No. 97CW126. The subject

Windy Gap water rights are more particularly described as the Windy Gap Pump, Pipeline, and Canal,

including its First and Second Enlargements. The original right was decreed in Civil Action No. 1768,

Grand County District Court in 1972, for 300 cfs, with an appropriation date of June 22, 1967. A First

Enlargement was decreed in Case No. W-4001 by the District Court in and for Water Division No. 5 for

100 cfs, with an adjudication year of 1978 and an appropriation date of July 9, 1976. A Second Enlargement

was decreed in Case No. 80CW108 by the District Court in and for Water Division No. 5 in 1980, for 200

cfs, with an appropriation date of April 30, 1980. These water rights are located at a point on the north

bank of the Colorado River whence the northwest corner of Section 25, Township 2 South, Range 77 West

of the 6th P.M. bears north 17° 30’ west a distance of 2,380 feet. Collectively referred to herein as “Windy

Gap Water.” 3.2.4. Exchange Rates.

Exchange From &

Source Exchange To

Exchange

Rate

Maximum

Rate of

Exchange

Annual

Volumetric

Limit

Lake Estes Outlet/

Windy Gap Water

Cheley Pipeline 0.18 cfs

1.0 cfs 8.0

acre-feet

Cheley Springs Well No. 1 0.25 cfs

Cheley Springs Well No. 2 0.75 cfs

Jelsema Ditch & Pond 0.70 cfs

Tallant Springs Well No. 4 0.006 cfs

BTE Well 0.088 cfs

GTE Well 0.088 cfs

3.2.5. Appropriation Date. December 29, 2011. 3.2.6. Use. Augmentation. 4. Claim for a Finding of

Reasonable Diligence. Cheley requests a finding of reasonable diligence for the conditional exchanges

described herein. The subject exchanges, along with the existing exchange decreed in Water Court Case

No. 87CW249 (which allows the consumptive portion of Cheley’s shares of capital stock in the South Side

Ditch Company and South Side Reservoir Company to be exchanged into R.J.A. Pond No. 1), are integral

to the augmentation and exchange plan decreed in Case No. 11CW279. During the subject diligence period,

Cheley spent approximately $300,000 on (a) recovery from the September 2013 flood (including rebuilding

damaged water infrastructure); (b) flow meter verification testing; and (c) obtaining a stock split and a new

stock certificate for its Handy Ditch Water. In addition, Cheley has been regularly working with its legal

and engineering advisors to understand and implement the augmentation plan decreed in Case No.

11CW279. In an effort to provide Cheley time to familiarize itself with the monthly accounting obligations,

the initial accounting focused on one source of augmentation water (releases of Windy Gap water from

Lake Estes). Now that Cheley has had operational time and is regularly submitting its monthly accounting

to the Division Engineer, the accounting forms are being revised in conjunction with the Water

Commissioner to account for the use of the other sources of augmentation water and the exchanges per the

decree entered in Case No. 11CW279. This process should be finalized in time for Cheley to be able to

operate all or a portion of the subject exchanges in 2020. Accordingly, Cheley believes that it can and will

complete the appropriation on the subject conditional exchanges within a reasonable time. (7 pages + map)

19CW3208 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy

District (“GMS”), and the Central Colorado Water Conservancy District (“Central”). 3209 West 28th

Street, Greeley, Colorado 80634. Please send correspondence and pleadings to: David P. Jones, Lawrence

Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. (970) 622-8181;

30

david@ljcglaw.com. APPLICATION FOR FINIDING OF REASONABLE DILIGENCE, in LARIMER

AND WELD COUNTIES. 2. Name of Structures. Plumb Ditch Exchange and Nissen Pump Station

Exchange. 3. Previous Decrees for Conditional Water Rights. Water Division No. 1, Case No.

10CW139, dated October 4, 2013. 3.1. Description of Water Rights from Original Decree. 3.2. Exchanges.

Applicants seek approval of two conditional appropriative rights of substitution and exchange (collectively,

“Exchanges”) for the diversion of water into Nissen Reservoir that is made available from the delivery of

certain substitute supplies described in [¶9.6 of the 10CW139 Decree] to the confluence of the South Platte

River and the Cache la Poudre River. Applicants shall not operate the Exchanges by diversion of a well

or by otherwise diverting ground water unless Applicants apply for and obtain a decree for such ground

water diversion. 3.3. Plumb Ditch Exchange. Legal Description of upstream and downstream terminus of

exchange. 3.3.1. Upstream Terminus (exchange to point). The Plumb Ditch the headgate of which is located

in the Southwest One-Quarter of the Northwest One-Quarter of Section 13, Township 5 North, Range 65

West of the 6th P.M., Weld County, Colorado. 3.3.2. Downstream Terminus (exchange from point). The

confluence of the Cache La Poudre River and the South Platte River. 3.4. Nissen Pump Station Exchange.

Legal Description of upstream and downstream terminus of exchange. 3.4.1. Upstream Terminus (exchange

to point). The Nissen pump station adjacent to the South Platte River and the reservoir in the Southeast

One-Quarter and the East One-Half of the Southwest One-Quarter of Section 12, Township 5 North, Range

65 West of the 6th P.M., Weld County, Colorado. 3.4.2. Downstream Terminus (exchange from point). The

confluence of the Cache La Poudre River and the South Platte River. 3.5. Date of Appropriation. May 25,

2010. 3.6. How Appropriation Was Initiated. Formation of intent to divert water and operate the Exchanges

by resolution of the Applicants’ Boards and filing of the Application. 3.7. Amounts. 3.7.1. Plumb Ditch

Exchange. 50 c.f.s., conditional. 3.7.2. Nissen Pump Station Exchange. 25 c.f.s., conditional. 3.8. Source

of Substitute Supplies. The sources of substitute supply for the Exchanges are the Poudre Reservoir Water

Storage Rights, and the water rights owned or controlled by Central that are listed on the attached Exhibit

C [of the 10CW139 Decree], provided such other water rights are lawfully stored in the Poudre Reservoirs

[as defined in ¶7.1 of the 10CW139 Decree]. 4. Outline of Work Performed Toward Completion of the

Appropriations During the Diligence Period. 4.1. Applicants worked on completion of accounting

workbooks for the 10CW139 Decree as well as for the Poudre Reservoirs which are a source of supply for

the described Conditional Exchanges. Applicants incurred engineering consultant expenses totally more

than $2500. 4.2. The Conditional Exchanges operate to store water in Nissen Reservoir. Gravel mining

activities at Nissen Reservoir continued through the diligence period and as a result the storage capacity at

Nissen Reservoir has increased. 4.3. The conditional water rights listed herein are part of Central’s

integrated system of water rights. In additional to the above activities, Central has operated and developed

its integrated system during the diligence period, including its Plans for Augmentation decreed in Case Nos.

02CW335 and 03CW99, and has retained legal counsel and engineering consultants to assist in such

operation and development. Central had filed and prosecuted applications for the addition and removal of

wells to and from these Plans. Central has acquired water rights represented by shares in various ditch

companies and has prosecuted applications changing those water rights for use by Central in its Plans.

Central has acquired various gravel pits and made capital improvements for storage of water. Central has

appropriated new water rights and has leased water rights on a temporary basis for use in its Plans. Central

has participated as an opposer in numerous water court applications to protect its water rights. Central has

prosecuted water court applications to perfect its water rights as absolute and/or to maintain its conditionally

decreed rights. Central has participated and expended money on lobbying efforts on state legislation

affecting water rights. Central has expended more than $65,000,000 towards the operation and development

of the water rights decreed herein and its integrated system during the diligence period. 5. Claim for

Finding of Reasonable Diligence. 5.1. Applicants seek a finding that they have been reasonably diligent

in development of the conditional water rights described herein under the facts of this case. 5.2. Applicants

seek a decree continuing the water rights as conditional for an additional six year period as allowed by

statute. The original format of this application is four pages in length.

31

19CW3209 (2010CW305) COLORADO DIVISION OF PARKS AND WILDLIFE AND THE

PARKS AND WILDLIFE COMMISSION, 6060 Broadway, Denver, Colorado 80216. (Please address

all correspondence and inquiries regarding this matter to Heather A. Warren, heather.warren@coag.gov,

720-508-6265 and Elizabeth M. Joyce, elizabeth.joyce@coag.gov, 720-508-6761, 1300 Broadway, 7th

Floor, Denver, CO 80203.) Application to Make Water Rights Absolute and for Findings of

Reasonable Diligence in PARK AND JEFFERSON COUNTIES. 1. Name, mailing address, e-mail

address, and telephone number of applicant: Colorado Division of Parks and Wildlife (“CPW”), Attn:

Ed Perkins, Water Rights Administrator, 6060 Broadway, Denver, Colorado 80216, 303-291-7466,

ed.perkins@state.co.us. 2. Overview. CPW operates Staunton State Park located in Jefferson and Park

Counties, including in Sections 18, 19, 20, 29, 30, and 31 of Township 6 South, Range 71 West of the 6th

Principal Meridian; and Sections 13, 14, 15, 22, 23, 24, 25, and 26 of Township 6 South, Range 72 West

of the 6th Principal Meridian, as depicted on the attached Exhibit A. In 10CW305, CPW received a decree

for conditional water rights, including ground water rights, water storage rights, and appropriative rights of

exchange for integrated use of water at Staunton State Park. By this application, CPW seeks to make the

water rights absolute in part, and findings of reasonable diligence to continue the remaining conditional

water rights. All structures are located with reference to the 6th P.M. Structure locations are shown on

Exhibit A. 3. Description of conditional ground water rights, originally decreed October 25, 2013, Case

No. 10CW305, Water Division 1: A. Staunton Well No. 3319, renamed Staunton Well No. 6. 1) Location:

In the NE1/4 of the SE1/4 of Section 24, T6S, R72W, 2045 feet from the south section line, 728 feet from

the east section line. 2) Amount: 20 gpm, conditional. 3) Use: Commercial, domestic and irrigation. 4)

Source: Groundwater tributary to the North Fork of the South Platte River. 5) Appropriation Date:

December 30, 2010. B. Staunton Well No. 3320, renamed Staunton Well No. 7. 1) Location: In the SE1/4

of the SE1/4 of Section 24, T6S, R72W, 1276 feet from the south section line, 400 feet from the east section

line. 2) Amount: 20 gpm, conditional. 3) Use: Commercial, domestic and irrigation. 4) Source:

Groundwater tributary to the North Fork of the South Platte River. 5) Appropriation Date: December 30,

2010. C. Staunton Well No. 3322, renamed Staunton Well No. 3. 1. Location: In the SW1/4 of the SE1/4

of Section 19, T6S, R71W, 547 feet from the south section line, 2578 from the east section line. 2. Amount:

20 gpm, conditional. 3. Use: Commercial, domestic and irrigation. 4. Source: Groundwater tributary to

the North Fork of the South Platte River. 5. Appropriation Date: December 30, 2010. D. Staunton Well

No. 3323, renamed Staunton Well No. 4. 1) Location: In the SE1/4 of the SW1/4 of Section 19, T6S,

R71W, 533 from the south section line, 2150 from the west section line. 2) Amount: 20 gpm, conditional.

3) Use: Commercial, domestic and irrigation. 4) Source: Groundwater tributary to the North Fork of the

South Platte River. 5) Appropriation Date: December 30, 2010. E. Staunton Well No. 3325, renamed

Staunton Well No. 5. 1) Location: In the SE1/4 of the NW1/4 of Section 23, T6S, R72W, 1802 feet from

the north section line, 1859 feet from the west section line. 2) Amount: 20 gpm, conditional. 3) Use:

Commercial, domestic and irrigation. 4) Source: Groundwater tributary to the North Fork of the South

Platte River. 5) Appropriation Date: December 30, 2010. F. Staunton Well No. 3326, renamed Staunton

Well No. 1, Well Permit No. 289461, constructed September 29, 2011. 1) Location: In the SW1/4 of the

NE1/4 of Section 30, T6S, R71W, 2205 feet from the north section line, 1874 feet from the east section

line. 2) Amount: 20 gpm, conditional. 3) Use: Commercial, domestic and irrigation. 4) Source:

Groundwater tributary to the North Fork of the South Platte River. 5) Appropriation Date: December 30,

2010. G. Staunton Well No. 3327, renamed Staunton Well No. 2, Well Permit No. 289462, constructed

October 6, 2011. 1) Location: In the SE1/4 of the NE1/4 of Section 30, T6S, R71W, 2223 feet from the

north section line, 1283 feet from the east section line. 2) Amount: 20 gpm, conditional. 3. Use:

Commercial, domestic and irrigation. 4. Source: Groundwater tributary to the North Fork of the South

Platte River. 5. Appropriation Date: December 30, 2010. H. Staunton Well No. 3328, renamed Staunton

Well No. 8. 1) Location: In the SE1/4 of the NE1/4 of Section 30, T6S, R71W, 2039 feet from the north

section line, 1020 feet from the east section line. 2) Amount: 20 gpm, conditional. 3) Use: Commercial,

domestic and irrigation. 4) Source: Groundwater tributary to the North Fork of the South Platte River. 5)

Appropriation Date: December 30, 2010. 4. Remarks: CPW will operate Staunton Well Nos. 1-8 subject

32

to and in accordance with the plan for augmentation decreed in 10CW305. 5. Description of conditional

water storage rights, originally decreed October 25, 2013, Case No. 10CW305, Water Division 1: A. Elk

Creek Falls Reservoir. 1) Location: SE1/4 NW1/4 Section 23, T6S, R72W. 2) Amount:12.6 acre feet,

conditional. 3) Use: recreation, piscatorial and wildlife as well as augmentation of irrigation, domestic and

commercial use, return flow replacement and substitute supply for the exchanges decreed in 10CW305. 4)

Source: North Elk Creek, tributary to Elk Creek, tributary to the North Fork of the South Platte River. This

is an on-channel reservoir. 5) Appropriation Date: December 30, 2010. B. Staunton Reservoir No. 1. 1)

Location: A point on Black Mountain Creek in NW1/4 SW1/4 of Section 30, T6S, R71W. 2) Amount: 15

acre feet, conditional. 3) Use: recreation, piscatorial and wildlife as well as augmentation of irrigation,

domestic and commercial use, return flow replacement and substitute supply for the exchanges decreed

10CW305. 4) Source: Black Mountain Creek, tributary to Elk Creek, tributary to the North Fork of the

South Platte River. This is an on-channel reservoir. 5) Appropriation Date: December 30, 2010. 6)

Comments: Davis Reservoir Nos. 2 and 3, decreed in Case No. CA3701 were combined to form Staunton

Reservoir No. 1, by removing the dam for Davis Reservoir No. 3 and with the dam for Staunton Reservoir

No. 1 in approximately the same location as the dam for Davis Reservoir No. 2. C. Staunton Reservoir No.

2. 1) Location: A point on Black Mountain Creek in NW1/4 SW1/4 of Section 30, T6S, R71W. 2) Amount:

15 acre feet, conditional. 3) Use: recreation, piscatorial and wildlife as well as augmentation of irrigation,

domestic and commercial use, return flow replacement and substitute supply for the exchanges decreed in

10CW305. 4) Source: Black Mountain Creek tributary to Elk Creek, tributary to the North Fork of the

South Platte River. This is an on-channel reservoir. 5) Appropriation Date: December 30, 2010. 6)

Comments: Davis Reservoir No. 1 decreed in Case No. CA3701 has been renamed Staunton Reservoir No.

2. 6. Remarks: In accordance with the decree in 10CW305, CPW completed as-built stage-area-capacity

tables and final construction measurements for Staunton Reservoir Nos. 1 and 2, which were served on

Opposers and the Division Engineer by filing notice with the court on December 8, 2015. 7. Description

of conditional appropriative rights of exchange: A. Davis Ditches/Staunton State Park Storage

Exchange. 1) Date of original decree: October 25, 2013, Case No. 10CW305, Water Division 1. 2) Legal

Description of exchange from and to points: a. Exchange from points: i. Confluence of Jones Creek and

Elk Creek: NW 1/4 NE 1/4 of Section 31, T6S, R71W. ii. A point on Elk Creek at or near Davis Ditch No.

1 headgate SW 1/4 SW 1/4 of Section 30, T6 South, Range 71 West of the 6th P.M. iii. A point on Black

Mountain Creek at or near the Davis Ditch No. 2 headgate NE 1/4 SE 1/4 of Section 25, T6S, R72W. b.

Exchange to points: i. Staunton Reservoir No. 1: A point on Black Mountain Creek in NW1/4 SW1/4 of

Section 30, T6S, R71W. ii. Staunton Reservoir No. 2 : A point on Black Mountain Creek in NW1/4 SW1/4

of Section 30, T6S, R71W. iii. Elk Creek Falls Reservoir: SE1/4 NW1/4 Section 23, T6S, R72W. 3)

Exchange water sources: Davis Ditch Nos. 1, 2, and 3, originally decreed in CA1678, May 22, 1913, as

changed in Case No. 10CW305. 4) Appropriation date: December 30, 2010. 5) Uses: Augmentation for

Staunton State Park water uses including commercial, domestic and irrigation uses on the park, piscatorial

and wildlife, and delayed return flow replacement, subject to the terms and conditions of the underlying

decrees for the sources of substitute supply. 6) Maximum Rate of Exchange and Volume: Exchanges

operated under this exchange shall not exceed a maximum combined flow rate of 0.445 cfs, conditional,

which is the sum of the maximum exchange rates in the month of June for Davis Ditch Nos. 1 through 3.

The exchanges shall not exceed a combined annual maximum volumetric limit of 42.6 acre feet,

conditional. Furthermore, the following monthly volumetric limits apply based on the decreed monthly

diversion maximums on the source of substitute supply in Case No. 84CW566.

Table 1 - Monthly Exchange Limits (Davis Ditch Exchanges) (af)

May June July August September

Davis Ditch No. 1 5.29 10.65 6.41 1.25 2.13

Davis Ditch No. 2 6.60 12.08 7.16 3.33 2.16

Davis Ditch No. 3 1.65 3.75 2.31 0.25 0.26

B. Deer Creek/Elk Creek Falls Reservoir Exchange. 1) Date of Original Decree: October 25, 2013, Case

No. 10CW305, Water Division 1. 2) Legal Description of exchange from and to points: a. Exchange from

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point: i. Elk Creek confluence with the North Fork of the South Platte: NE1/4 SE1/4 Section 27, T7S,

R71W. b. Exchange to point: i. Elk Creek Falls Reservoir: SE1/4 NW1/4 Section 23, T6S, R72W. 3)

Exchange water sources: Water derived from the Deer Creek water rights decreed in 84CW566 including

the Nickerson Ditch No. 1, McDonald North Ditch, McDonald South Ditch, Carruthers Ditch No. 1

transferred in Case No. W-7434, a portion of the Carruthers Ditch No. 2 transferred in Case No. W-7434,

and the Flume Ditch. The decree in Case No. 84CW566 allows for additional diversion rates and amounts

for these rights in the event CPW can demonstrate a 100% reduction of historical consumptive use resulting

from the dry up of historically irrigated lands. CPW does not anticipate attempting to demonstrate a greater

amount of historical consumptive use of these rights and therefore is only entitled to the amounts decreed

for the 70% reduction of historical consumptive use. 4) Appropriation date: December 30, 2010. 5) Uses:

Augmentation for Staunton State Park water uses including commercial, domestic and irrigation uses on

the park, piscatorial and wildlife, and delayed return flow replacement, subject to the terms and conditions

of the underlying decrees for the sources of substitute supply. 6) Maximum Rate of Exchange and Volume:

Exchanges operated under this exchange shall not exceed a maximum combined flow rate of 1.15 cfs,

conditional, which is the maximum exchange rate in the month of June from the confluence of Elk Creek

and the North Fork of the South Platte to the Elk Creek Falls Reservoir. The exchanges shall not exceed a

combined annual maximum volumetric limit of 148.1 acre feet, conditional. The exchanges are specifically

limited by the monthly flow rates and volumes contained in paragraphs 7.H and 7.I under the Judgment and

Decree section on pages 16 and 17 of the decree in Case No. 84CW566. Furthermore, the following monthly

volumetric limits apply based on the decreed monthly diversion maximums on the source of substitute

supply in Case No. 84CW566.

Table 2 – Monthly Exchange Limits (Deer Creek/Elk Creek Falls, based on Case

No. 84CW566) (af)

May June July

Davis Ditch No. 1 5.29 10.65 6.41

Davis Ditch No. 2 6.60 12.08 7.16

Davis Ditch No. 3 1.65 3.75 2.31

C. Staunton Reservoir Nos. 1 and 2/Elk Creek Falls Reservoir Exchange. 1) Date of Original Decree:

October 25, 2013, Case No. 10CW305, Water Division 1. 2) Legal Description of exchange from and to

points: a. Exchange from point: i. Staunton Reservoir No. 1: A point on Black Mountain Creek in NW1/4

SW1/4 of Section 30, T6S, R71W. ii. Staunton Reservoir No. 2: A point on Black Mountain Creek in NW

1/4 SW1/4 of Section 30, T6S, R71W. b. Exchange to point: i. Elk Creek Falls Reservoir: SE1/4 NW1/4

Section 23, T6S, R72W. 3) Exchange water Sources: Water derived from the Davis Ditch Nos. 1, 2, and

3 water rights originally decreed in CA1678, May 22, 1913 and changed in 10CW305, Staunton Reservoir

Nos. 1 and 2 water storage rights decreed in 10CW305, and water derived from the Deer Creek water rights

decreed in 84CW566. 4) Appropriation date: December 30, 2010. 5) Uses: Augmentation for Staunton

State Park water uses including commercial, domestic and irrigation uses on the park, piscatorial and

wildlife, and delayed return flow replacement, subject to the terms and conditions of the underlying decrees

for the sources of substitute supply. 6) Maximum Rate of Exchange and Volume: Exchanges operated

under this exchange shall not exceed a combined maximum flow rate of 2 cfs, conditional, and a combined

annual maximum volumetric limit of 40 acre feet, conditional. 8. Claim to make conditional water rights

absolute. CPW seeks a decree making the conditional water rights absolute in part for Staunton Reservoir

Nos. 1 and 2, and for the Davis Ditch Exchange, as follows: A. Staunton Reservoir No. 1, as described in

paragraph 5.B, above. 1) Dates water stored and applied to beneficial use: November 1, 2014-January 5,

2015. 2) Amount and use: 11.09 acre-feet, absolute for all decreed uses. See attached Exhibit B. B.

Staunton Reservoir No. 2, as described in paragraph 5.C, above. 1) Dates water stored and applied to

beneficial use: January 19-February 18, 2015. 2) Amount and use: 14.86 acre-feet, absolute for all decreed

uses. See attached Exhibit B. C. Davis Ditch No. 2 Exchange to Staunton Reservoir No. 1, as described in

paragraph 7.A.2, above. 1) Dates exchange operated: June 13-September 30, 2019. 2) Amount, rate and

use: 0.24 acre-feet, at a maximum rate of 0.005 cfs, absolute. See attached Exhibit B. D. Davis Ditch No.

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2 Exchange to Staunton Reservoir No. 2, as described in paragraph 7.A.2, above. 1) Dates exchange

operated: June 1-July 30, 2019. 2) Amount, rate and use: 0.80 acre-feet, at a maximum rate of 0.012 cfs,

absolute. See attached Exhibit B. 9. Claim for a finding of reasonable diligence. CPW seeks a decree

finding that it has been diligent with respect to completing the appropriations of the remaining conditional

water rights, including the groundwater rights, appropriative rights of exchange, and water storage rights

and that it is entitled to continue these CONDITIONAL water rights for another six-year diligence period.

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

and application of water to a beneficial use as conditionally decreed, including expenditures, during

the previous diligence period: In support of its claim for diligence, CPW completed the following

activities during the period between the entry of the decree in 10CW305 and the date of filing of this

application (“Diligence Period”): A. Reconstruction of Staunton Reservoir Nos. 1 and 2: During the

Diligence Period, CPW spent approximately $2 million to reconstruct the original Davis Reservoir Nos. 1-

3 into the current configuration of Staunton Reservoir Nos. 1 and 2. Upon completion of construction, CPW

prepared and circulated stage-capacity tables for the completed reservoirs. B. Installation of structures:

During the Diligence Period, CPW installed a 2-foot Parshall Flume on Black Mountain Creek downstream

of Staunton Reservoir Nos. 1 and 2. CPW also installed measuring gauges in Staunton Reservoir Nos. 1

and 2. C. Engineering and accounting: CPW hired Spronk Water Engineers, Inc. to develop and maintain

accounting for operation of all water rights at Staunton State Park. D. Engineering for Elk Creek Pond:

CPW performed an assessment on the use and operation of Elk Creek Pond and to evaluate potential dam

reconstruction work. E. Participation in water court: CPW regularly reviewed the water court resumes for

Water Division 1 and participated in cases to prevent injury to the subject water rights. F. Operation and

use of structures: As described herein, CPW stored water in Staunton Reservoir Nos. 1 and 2, and operated

exchanges between the Davis Ditches and Staunton Reservoir Nos. 1 and 2 for beneficial use. CPW

continued to operate Staunton Well Nos. 1 and 2 pursuant to their permits and as provided by the decree in

10CW305 to provide water for park services. G. Development of Staunton State Park: CPW continues to

expand its public amenities and features through phased development at Staunton State Park, which will be

served by the subject water rights as facilities are developed. As park services are built out, CPW will

continue the completion of these conditional water rights. 11. Integrated Water Supply System. The

conditional water rights identified herein are a component part of CPW’s integrated water supply system

for Staunton State Park, pursuant to §37-92-301(4)(b), C.R.S. 12. Name of owners of land upon which

structures are located: The storage structures and wells are or will be located on land owned by CPW.

The Davis Ditch exchange points are on lands owned by the Davis Family Trust, 1060 Alkire Street,

Golden, CO 80401. WHEREFORE, CPW respectfully requests this Court enter a decree finding that

CPW has made the subject water rights absolute in part and exercised reasonable diligence in the

development of the remaining conditional water rights, and to continue the remaining conditional water

rights in full force as decreed, and for such other relief as this Court deems just and proper. Number of

pages of application: 9.

19CW3210 Arlis (a/k/a Judy) M. Sprague, 4925 NCR 27, Loveland, CO 80538. Please send

correspondence and pleadings to: David P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald

Reagan Blvd., Suite 1, Johnstown, CO 80534. (970) 622-8181; david@ljcglaw.com. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE, in LARIMER COUNTY. 2. Previous Decrees: Case No.

1997CW360, Water Division No. 1; previous diligence decree, Case No. 2004CW297; previous diligence

decree, Case No. 12CW212. 2.1. Name of Structure: Sprague Pond No. 1. 2.1.1. Legal Description of

Diversion: The dam is located in the NW1/4 of Section 27, Township 4 North, Range 70 West, 1742 feet

East and 300 feet South of the NW Corner of said Section 27. 2.1.2. Sources: Meadow Hollow Stream, a

tributary of the Little Thompson River. 2.1.3. Date of Appropriation: November 3, 1997 2.1.4. Amount

claimed: 50 acre-feet, conditional 2.1.5. Uses: Irrigation of 100 acres of Applicant’s property in the SE1/4

of the NW1/4 of Section 22 and the East 1/2 of the SW1/4 of Section 22 and the East 1/2 of the NW1/4 of

Section 27 all in Township 4 North, Range 70 West of the 6th P.M., Larimer County, Colorado and for stock

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watering, fire protection, recreation, piscatorial, and wildlife purposes. 2.1.6. Remarks. 50 acre-feet was

made absolute for all decreed uses except irrigation in Case No. 04CW297. 2.2. Name of Structure, Sprague

Pond No. 2. 2.2.1. Legal Description of Diversion. The dam is located in the NW1/4 of Section 27,

Township 4 North, Range 70 West, 1650 feet East and 1320 feet South of the NW Corner of said Section.

2.2.2. Sources: Meadow Hollow Stream, a tributary of the Little Thompson River. 2.2.3. Date of

Appropriation: November 3, 1997 2.2.4. Amount: 50 acre-feet, conditional 2.2.5. Uses: Irrigation of 100

acres of Applicant’s property in the SE1/4 of the NW1/4 of Section 22 and the East 1/2 of the SW1/4 of

Section 22 and the East 1/2 of the NW1/4 of Section 27 all in Township 4 North, Range 70 West of the 6th

P.M., Larimer County, Colorado and for stock watering, fire protection, recreation, piscatorial, and wildlife

purposes. 2.2.6. Remarks. 50 acre feet was was continued for all uses in Case No. 12CW212. 3. Outline

of What Has Been Done Toward Completion. Applicant diverted and stored water in Pond 1 and Pond No.

2 during the diligence period and used water for stock watering, fire protection, recreation, piscatorial, and

wildlife purposes. In combination, the Ponds have been used for watering of approximately 30 horses and

30 head of cattle. During the diligence period, the property was planned to be transferred/sold to a family

member, however, a conflict developed and this disposition of the property did not occur. Further efforts

to market the property were hindered by health issues and changes in farm manager/personnel. Applicant

continues its desire to sell the property (ranch) upon which the ponds are located and the water is used, and

efforts are continuing to be made to prepare the property for either a public or private sale. 4. Names and

addresses of owners of land upon which structure will be located: The Sprague Pond No. 1 and Sprague

Pond No. 2 are located on Applicant’s property. 5. Claim for Finding of Reasonable Diligence: Applicant

seeks a finding that it has been reasonably diligent in the development of the conditional water rights under

the circumstances of this case; seeks to maintain the conditional right for Sprague Pond No. 1 in the amount

of 50 acre feet for irrigation purposes; and seeks to maintain Pond No. 2 as conditional in the amount of 50

acre feet for all decreed purposes, i.e., irrigation, stock watering, fire protection, recreation, piscatorial, and

wildlife purposes. The original format of this application is 4 pages in length.

19CW3211 PARKER WATER AND SANITATION DISTRICT, 18100 E. Woodman Drive, Parker,

CO 80134 (Please address all correspondence and inquiries regarding this matter to Applicant’s attorney:

Robert. F.T. Krassa, Krassa & Miller, LLC, 2300 Canyon Blvd., Ste. 2 Boulder, CO 80302, 303-442-2156).

Application for Change of Water Rights, Determination of Rights To Groundwater and for Approval of

Well Field Operation, DOUGLAS COUNTY. Existing Decrees. Some of the water, wells and water rights

which are the subject of this Application, are the subject of the following existing decrees. All decrees

mentioned herein may be inspected at the office of the Clerk of the Water Court, and all recorded documents

mentioned herein may be inspected at the office of the Douglas County Clerk and Recorder. a. Decree

entered by this Court on April 18, 1990 in Parker=s Case 87CW104 (A), and recorded April 23, 1990 at

reception number 9009587, Book 0908, page 0589. b. Decree entered by this Court on October 27, 1992

in Parker=s Case 87CW104 (B), and recorded same date at reception number 9239980, Book 1093, page

1252. c. Decree entered by this Court in Parker=s Case 94CW042 on December 16, 1996 and recorded

January 8, 1997 at reception number 9701331, Book 1400, Page 1715, records of Douglas County, and

concerning a Decree entered by this Court on December 19, 1985 in Stroh Ranch Development Case

83CW161 which was recorded December 31, 1985 at reception number 371641, Book 616, page 754. d.

Decree entered by this Court in Parker's Case 95CW089 on March 31, 1997 and recorded April 15,

1997 at reception number 9719270, Book 1422, page 2382. e. Decree entered by this Court on December

30, 2005 in Parker=s Case 99CW006, and recorded January 10, 2006 at reception number 2006002804. f.

Decree entered by this Court on December 23, 2005 in Parker=s Case 02CW227, and recorded January

10, 2006 at reception number 2006002803. g. Decree entered by this Court on June 11, 2008 in Parker=s

Case 06CW179, and recorded June 19, 2008 at reception number 2008043680. h. Amended Decree

entered by this Court on Sep. 28, 2000 in Case 84CW128 regarding the Lower Dawson aquifer upon the

application of Western Water Company, as recorded Feb. 5, 2001 at reception number 01008319 (Parker

Parcel). i. Amended Decree entered by this Court on Sep. 28, 2000 in Case 84CW129 regarding the

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Denver, Arapahoe and Laramie-Fox Hills aquifers upon the application of Western Water Company, as

recorded Feb. 5, 2001 at reception number 01008320 (Meadowlark (AVessel@) Parcel and Parker Parcel).

j. Decree entered by this Court on May 20, 2003 in Case 01CW083 upon the application of Marilyn A.

Parker (Parker Homestead Parcel). k. Decree entered by this Court on Feb. 23, 1988 in Case 83CW194

upon the application of Richard Carl Williamson, Jr. as Personal Representative (Public Service Co Sec.

22 Parcel). l. Decree entered by this Court on Sep. 23, 1988 in Case 82CW470 upon the application of

Eastern Investment Group as recorded Jan. 3, 1989 at rec. no. 8900025 (Sierra Ridge Parcel). m. Amended

Decree entered by this Court on March 21, 2011 in Case 05CW265 upon the application of Club Vista

Properties X, LLC (Sierra Ridge Parcel). n. Decree entered by this Court on March 30, 2005 in Case

04CW162 upon the application of Arlington Associates, Ltd (Cielo Parcel) o. Decree entered by this

Court on February 16, 1996 in Case 88CW168 upon the application of Stroh Ranch Development Limited

Partnership as recorded February 23, 1996 at rec. no. 9609072, Book 1320, page 1180. (Hess Ranch Parcel).

p. Decree entered by this Court on January 12, 1999 in Case 98CW264 upon the application of Stroh

Ranch Development Limited Partnership (Stevens Ranch Parcel). q. Corrected Decree entered by this

Court on October 13, 1995 in Case 93CW093 upon the application of WWTR Company and recorded

November 1, 1995 at rec. no. 9551641, Book 1297, page 1494 (Stevens Ranch Parcel). r. Decree entered

by this Court on December 19, 1985 in Case 83CW161 upon the application of Stroh Ranch Development

as recorded December 31, 1985 at rec. no. 371641, Book 616, page 754 (Stroh Ranch Parcel) 3. Parcel and

Ownership Information. Parker requests that the groundwater under all of the following parcels be added

to its existing well fields. All of the parcels involved in this case have been included into the District by

Orders of the District Court for Douglas County in Civil Action 3121, except the Public Service Co Sec 20

parcel, the Public Service Co Sec 21 parcel, the Public Service Co Sec 22 parcel, the Parker Parcel, the

Hess Ranch Parcel and the Stroh Ranch Parcel. Parker has acquired all of the groundwater underlying all

of the following parcels, except any pre SB-213 groundwater owned by others and any other exceptions

stated in those subparagraphs. For purposes of this Application, the term "pre SB-213" means a well or

groundwater which conforms to the definition at '37-90-137(5), C.R.S. All parcels are in Douglas County

and all recording references are to Douglas County records. All parcels are shown on map attached hereto

as Exhibit A, and legal descriptions are provided in Exhibit B hereof. a. Carousel Farms Parcel, located

in the Northwest Quarter Section 20, T. 8 S., R. 66 W. Of the 6th P.M., comprising approximately 39.6

acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded

August 5, 2015 at reception number 2015055532. b. Cielo (a/k/a Arlington Heights) Parcel), located in

the southeast quarter of Section 9, T. 7 S., R. 66 W. of the 6th P.M., comprising 152.685 acres. The

groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded December 15,

2016 at reception number 2016091864. c. Developmental Pathways Parcel, located in the southwest

quarter of Section 21, T. 6 S., R. 66 W. of the 6th P.M., comprising 1.12 acres. The groundwater under this

parcel was conveyed to Parker by Special Warranty Deed recorded June 5, 2017 at reception

number 2017036884. d. Dransfeldt Place (a/k/a Quadranska) Parcel, located in the West half of Section

15, T. 6 S., R. 66 W. Of the 6th P.M., comprising 20.981 acres. The groundwater under this parcel was

conveyed to Parker by Special Warranty Deed recorded Apr. 30, 2008 at reception number 2008030346

and Bargain and Sale Deed recorded May 7, 2008 at reception number 2008032615. e. Gregg East Parcel

(a/k/a Tracts A and B of Mainstreet Gate Filing No. 2)1), located immediately east of below mentioned

Twenty Mile Town Center II Parcel in the Northwest 1/4 of Section 22, T. 6 S., R. 66 W. Of the 6th P.M.,

comprising 7.81 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty

Deed recorded December 16, 2013 at reception number 2013096382. f. Harvie Park Parcel, located in the

Northeast quarter of Section 24, Township 6 S., R. 66 W. Of the 6th P.M., comprising 70.93 acres. The

groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded December 15,

2017 at reception number 2017084549. g. Hess Ranch Parcel, located in part of Section 33, Township 6

S., R. 66 W. of the 6th P.M. and part of Sections 4, 5 and 6, Township 7 S., R. 66 W. of the 6th P.M.,

comprising 1,135.11 acres more or less. The groundwater under this parcel was conveyed to Parker by

Special Warranty Deed recorded July 18, 2016 at reception number 2016046752 which references the legal

37

description contained in that certain Deed of Trust recorded December 10, 2004 at reception number

2004125856. h. Hess Road - Douglas County - Gailen Buck Parcel, located in the Southwest quarter of

Section 28, T. 6 S., Range 66 W. Of the 6th P.M. comprising 17.37 acres. The groundwater under this parcel

was conveyed to Parker by Special Warranty Deed recorded March 10, 2014 at reception number

2014011621. i. Hess Road Town of Parker Parcel, located in the Southwest quarter of Section 28,

Township 6 S., R. 66 W. Of the 6th P.M., comprising 13.726 acres. The groundwater under this parcel was

conveyed to Parker by Special Warranty Deed recorded March 20, 2012 at reception number 2012020574.

j. Meadowlark (a/k/a Vessel, a/k/a Meritage) Parcel, located in the Northwest quarter of Section 3 and

the East half of Section 4, both in T. 7 S., R. 66 W. Of the 6th P.M., comprising and inclusion and

development area of 90.87 acres and overlying 209.126 acres of the groundwater in the Denver, Arapahoe

and Laramie-Fox Hills aquifers. The groundwater in those aquifers, only, under this parcel was conveyed

to Parker by Special Warranty Deed recorded June 21, 2018 at reception number 2018037413. k. Miller

Creek Parcel, located in the West half Section 22, T.6 S., R. 66 W. Of the 6th P.M., comprising 18.577

acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deeds recorded

March 2, 2016 at reception numbers 2016012502 and 2016012508, and Bargain and Sale Deeds recorded

same date at reception numbers 2016012501 and 2016012507. l. Norton Parcel, located in the Northwest

quarter of Section 23, T. 6 S., R. 66 West of the 6th P.M., comprising 9.374 acres. The groundwater under

this parcel was conveyed to Parker by Special Warranty Deed recorded August 1, 2018 at reception number

2018046488. m. Parker Parcel, located in the East half of the Southwest quarter of Section 27, T. 6 S., R.

66 West of the 6th P.M., comprising 47.453 acres. The groundwater under this parcel was conveyed to

Parker by Special Warranty Deed recorded June 21, 2018 at reception number 2018037413. n. Parker

Homestead Parcel, being the Northeast quarter of Section 30, Township 6 S., R. 66 W. Of the 6th P.M.

comprising 162.465 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty

Deed recorded Sep. 24, 2010 at reception number 2010061337. o. Parker Pointe Parcel, located in the

Northeast quarter of Section 3, T. 7 S., R. 66 W. of the 6th P.M. comprising 14.67 acres. The groundwater

under this parcel was conveyed to Parker by Special Warranty Deed recorded July 2, 2018 at reception

number 2018039824. p. Public Service Co Sec 20, in the Southwest quarter of Section 20, T. 6 S., R. 66

W. Of the 6th P.M., comprising 14.132 acres. The groundwater under this parcel was conveyed to Parker

by Quitclaim Deed recorded Dec. 20, 1985 at Book 315, page 385, Special Warranty Deed recorded Dec.

20, 1985 at Book 315 page 387, and Quit Claim Deeds recorded Oct. 15, 2009 at reception numbers

2009079540 and 2009079541. q. Public Service Co Sec 21, in the South half of Section 21, T. 6 S., R. 66

W. Of the 6th P.M., comprising 10.94 acres. The groundwater under this parcel was conveyed to Parker by

Quit Claim Deeds recorded Oct. 15, 2009 at reception numbers 2009079542 and 2009079543. r. Public

Service Co Sec 22, in the South half of Section 22, T.6 S., R. 66 W. Of the 6th P.M., comprising 25.45

acres. The groundwater under this parcel was conveyed to Parker by Quit Claim Deed recorded Sep. 27,

2007 at reception number 2007076620. s. Reata Ridge Parcel, located in the Southeast quarter of Section

34 and in the Southwest quarter of Section 35, all in T. 6 S., R. 66 W. of the 6th P.M., comprising 52.9 acres.

The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded February

24, 2016 at reception number 2016010633. t. Salisbury Heights (a/k/a Homburger) 2008 Inclusion

Parcel, located in the East half Section 28, T. 6 S., R. 66 W of the 6th P.M., comprising 11.998 acres. The

groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded May 5, 2005 at

reception number 2005039938. u. Sierra Ridge (a/k/a K & B Homes, a/k/a Horton) Parcel, located in

the East half of Section 18 and the Northeast quarter of Section 19, both in T. 6 S., R. 66 W. of the 6th P.M.,

comprising 313.270 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty

Deeds recorded Jan. 14, 2008 at reception number 2008002890 and Feb. 14, 2008 at reception number

2008010650. v. Stevens Ranch Parcel, located in portions of Sections 6, 7 and 18, Township 7 S., R. 66

W. of the 6th P.M., comprising 959 acres. An undivided interest in 38 acre feet per year in the Arapahoe

aquifer groundwater, only, under this parcel was conveyed to Parker by Special Warranty Deed recorded

July 18, 2016 at reception number 2016046752. This Application is not intended to claim any groundwater

under said parcel other than as conveyed in said deed. w. Stroh Ranch Parcel, located in Section s 32, 33

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and part of Section 34, Township 6 S., R. 66W. of the 6th P.M., comprising 1976.1 acres. Groundwater

under said parcel has been conveyed to Parker as follows. This Application is not intended to claim any

groundwater under said parcel other than as conveyed in said deeds. All of said groundwater was

adjudicated in the above mentioned decree in case 83CW161. i. Special Warranty Deed for 225.288 acre

feet per year from the Arapahoe aquifer recorded September 22, 1992 at reception number 9239799 and re-

recorded November 6, 1992 at reception number 9241849. ii. Corrected Special Warranty Deed for

110.376 acre feet per year from the Arapahoe aquifer recorded March 29, 1994 at reception number

9417686. iii. Special Warranty Deed for 9.086 acre feet per year from the Arapahoe aquifer recorded

March 13, 1998 at reception number 9817994. iv. Special Warranty Deed for 140 acre feet per year from

the Lower Dawson aquifer and 78.5 acre feet per year from the Denver aquifer recorded December 19,

2001 at reception number 2001122560. v. Special Warranty Deed for 167.5 acre feet per year from the

Arapahoe aquifer recorded August 12, 2003 at reception number 2003121048. vi. General Warranty Deed

for an undivided 22.26% interest in 583 acre feet per year in the Lower Dawson aquifer, 570.5 acre feet

per year in the Denver aquifer, 555.80 acre feet per year in the Arapahoe aquifer and 548.50 acre feet per

year in the Laramie-Fox Hills aquifer, recorded June 15, 2015 at reception number 2015040330. For

purposes of quantification in this case, each of such quantities is presented as 22.26% of the stated amounts.

x. Twenty Mile Town Center II Parcel (a/k/a Lot 1 Mainstreet Gate Filing No. 2 a/k/a Mainstreet Gate

East), located immediately west of the above mentioned Gregg East Parcel, and east of the Mainstreet Gate

parcel in the said 06CW179 Decree which is in Mainstreet Gate Filing No. 1, in the Northwest quarter of

Section 22, Township 6 S, Range 66 W. of the 6th P.M., comprising 3.143 acres. The groundwater under

this parcel was conveyed to Parker by Special Warranty Deed recorded Oct. 6, 2011 at reception number

2011060614. APPLICATION FOR CHANGE OF WATER RIGHTS 4. Change Requested. Parker

requests that the Court approve the following changes in the decrees identified in foregoing paragraph 2: a.

Wells may be constructed at any location within the subject overlying lands, without restriction to well

locations identified in said decrees, but subject to any decreed or stipulated setback or uniformity of

development provisions of continuing validity. b. Setback provisions relevant to boundaries or land

positions which are interior to Parker=s well fields as a result of acquisition of groundwater by Parker prior

to entry of a decree pursuant to this application shall be released upon entry of such decree and shall not

have continuing validity. Parker may request the release of setback provisions which subsequently become

interior to Parker=s well fields under the Court=s retained jurisdiction in this case. c. Provisions regarding

uniformity of development of groundwater which were the result of stipulations with entities whose

groundwater has subsequently been acquired by Parker prior to entry of a decree pursuant to this application

shall be released upon entry of such decree and shall not have continuing validity. Parker may also request

the release of uniformity of development provisions with entities whose groundwater is subsequently

acquired by Parker, under the Court=s retained jurisdiction in this case. d. Parker requests that the

groundwater adjudicated in the said decrees be added to its existing well fields as more particularly set

out in paragraph 14 hereof. APPLICATION FOR DETERMINATION OF RIGHTS TO

GROUNDWATER 5. Application for Determination of Rights to Groundwater. Parker requests a

determination of its rights to groundwater underlying parcels identified in subparagraphs (a), (c), (d), (e),

(f), (h), (i), (k), (l), (o), (p), (q), (s), (t) and (x) of paragraph 3 hereof, herein referred to as "the Adjudication

Parcels". The amounts of groundwater under said parcels are described in paragraphs 9 and 16 hereof.

Parker further requests a determination of its rights to any groundwater underlying the other parcels

identified in paragraph 3 hereof which was not adjudicated in the decrees identified in paragraph 2 hereof.

6. Well Permits. No applications for well permits for wells on the Adjudication Parcels have been filed

with the State Engineer=s office. Prior to any hearing or trial on the merits herein, this application will be

supplemented by evidence that the State Engineer has issued or failed to issue a determination as to the

facts of this application within four months of the filing of this application under '37-92-302(2), C.R.S.

Initially, the wells described in or previously permitted under the decrees referenced in paragraph 2 hereof

will be sufficient to withdraw all of the groundwater in each well field including the groundwater under the

Adjudication Parcels. When wells are required on any of the Adjudication Parcels, application will be made

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pursuant to the provisions of the decree to be entered pursuant to this application. In any event, well permits

will be applied for prior to construction of any wells on the Adjudication Parcels. 7. Legal Description of

Wells and Subject Property. The wells which will withdraw groundwater from the not nontributary Lower

Dawson and Denver aquifers, and from the nontributary Lower Dawson, Denver, Arapahoe and Laramie

Fox Hills aquifers, may be located at any point on any or all of the parcels described in paragraph 3 hereof

or in the previously decreed well fields. 8. Source of Water. The groundwater to be withdrawn from the

not nontributary Lower Dawson and Denver aquifers is not nontributary as defined at '37-90-103(10.7),

C.R.S. The groundwater to be withdrawn from the nontributary portions of the Lower Dawson, Denver,

Arapahoe and Laramie Fox Hills aquifers is nontributary as described at '37-90-103(10.5), C.R.S., and

withdrawal thereof will not, within 100 years, deplete the flow of a natural stream, including a natural

stream as defined in '37-82-101(2) and '37-92-102(1)(b), C.R.S., at an annual rate greater than one-tenth of

on percent of the annual rate of withdrawal. Prior to the use of any water which is decreed as not

nontributary groundwater, Parker will obtain judicial approval of a plan for augmentation. 9. Amounts

Claimed and Pumping Rates. a. Parker claims all of the groundwater in the Lower Dawson, Denver,

Arapahoe and Laramie Fox Hills aquifers legally available under each of the Adjudication Parcels. The

estimated average annual amounts of withdrawal available from the subject aquifers are set forth for each

parcel in paragraph 16 or Exhibit H hereof. The wells which will withdraw the water will operate at rates

of flow from approximately 100 to 1000 gpm. b. Parker requests that in the event the Court determines

that any water in the Lower Dawson, Denver, Arapahoe or Laramie Fox Hills aquifers underlying the

parcels identified in paragraph 3 hereof is legally unavailable to Parker at this time because such water is

within the cylinder of appropriation of one or more pre Senate Bill 213 wells and such cylinder is later

reduced, or has been reduced subsequent to entry of any previous decrees upon which the estimated amounts

in paragraph 16 or Exhibit H hereof are based, that the amount of water available to Parker hereunder be

increased correspondingly under the retained jurisdiction of this Court. 10. Proposed Uses. The subject

wells will be used as sources of supply in a unified water system to serve the present and future service area

of Parker Water and Sanitation District. All of the groundwater may be used, reused and successively used,

and otherwise disposed of for municipal, domestic, industrial, agricultural, commercial, irrigation, stock

watering, recreation, fish and wildlife, fire protection and other beneficial uses including augmentation,

substitution and exchange. Such water may be withdrawn through the wells described herein for immediate

application to beneficial use, for storage and subsequent application to beneficial use, for exchange

purposes, for replacement of depletions resulting from the use of water from other sources, and for all other

augmentation purposes including taking credit for all return flows as augmentation for or as offsets against

out-of-priority tributary depletions as provided in augmentation plan decrees of this Court. 11. Names and

Addresses of Owners of Land on Which Wells Will be Located. Parker owns, or has the right to use

pursuant to platted well site dedications, all well sites considered necessary at this time to withdraw the

subject groundwater. 12. Adjustment of Amount. Parker requests that the Court retain jurisdiction to

provide for the adjustment of the amounts of groundwater which are available for withdrawal under the

Adjudication Parcels from the Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers, based

on actual aquifer characteristics, and to authorize Parker to invoke such retained jurisdiction at any time

after such data becomes available. 13. Notice. Parker is a special district and has obtained the groundwater

underlying the Adjudication Parcels which are the subject of this application for determination of rights to

groundwater by deeds and other written evidence of consent. Each of said parcels described in foregoing

paragraph 3 is within Parker=s water service area. Therefore, the notice provisions of '37-92-302(2)(b),

C.R.S. are not applicable to this matter. APPLICATION FOR APPROVAL OF WELL FIELD

OPERATION 14. Well Field Operation. Parker Water and Sanitation District (herein "Parker" or the

"District") requests that the groundwater in the Denver Basin aquifers underlying all of the parcels described

in paragraph 3 hereof be added to the District=s existing well fields as adjudicated by this Court in Parts A

and B of Case 87CW104, 94CW042, 95CW089, 99CW006, 02CW227 and 06CW179. a. Parker requests

judicial approval of well field operation under which all of its rights to groundwater from specific aquifers,

or portions of aquifers, of the Denver Basin as described herein, can be withdrawn from a minimum number

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of suitably located wells with maximum flexibility as to pumping rates of such wells. All wells in a given

aquifer will be referred to herein as a "well field". For purposes of this definition, the nontributary and Anot

nontributary@ portions of the Lower Dawson and Denver aquifers are considered separate well fields. The

term Awell field@ shall include all of the rights and operational flexibility of "well field" as that term is

defined in Rule 4.A.13 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, and all of the

rights and operational flexibility which can be attained by judicial approval for all the wells in a well field

to be alternate points of diversion for each other. Six such well fields are described herein, in the "not

nontributary" portions of the Lower Dawson and Denver aquifers, and in the nontributary portions of the

Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. b. The wells and water rights in the

said aquifers described in the above referenced decrees mentioned in foregoing paragraph 2, together with

overlying lands associated therewith, and all of the groundwater in the said aquifers underlying the parcels

described in foregoing paragraph 3, shall be added to the corresponding Well Field described in the

District=s well field decrees entered in above described Cases 87CW104(A) and (B), 94CW042, 95CW089,

99CW006, 02CW227 and 06CW179, as if originally a part thereof. In addition, such additional wells as

are constructed pursuant to the provisions of the said decrees or of the decree entered pursuant to the present

application, to maintain production of and to recover the amount of groundwater to which Parker is entitled

from each aquifer, shall be included among the wells in said well field. c. A map showing all of the subject

parcels is attached hereto as Exhibit A and incorporated by reference. d. Each well in the above described

well fields, including additional wells, shall be designated as an alternate point of diversion for all of the

other wells in that well field. e. If Parker constructs any additional, alternate point or supplemental

wells pursuant to the terms of the decrees identified in paragraph 2 hereof, or pursuant to the decree to be

entered herein, each such well shall be automatically a part of the well fields requested herein without the

necessity to amend this application or any decree entered herein. 15. Cessation of Use of Certain pre SB

213 Wells. Parker has now permanently ceased use of all of its five pre SB 213 wells described in the

decrees in Cases 87CW104 (A) and 87CW104 (B). Also, certain pre-SB-213 wells owned by others, whose

cylinders of appropriation reduced the amount of water to which Parker was entitled, have permanently

ceased operation. Accordingly, the ground water within the cylinders of appropriation of those wells shall

be and it is added to the respective well fields to the extent the cylinders of appropriation are within the

parcels described in this case and Parker's previous well field decrees (quantities are in average acre feet

per year). a. Wells found at paragraph 22 of the Decree in said case 99CW006:

Name Decree Permit No. Dawson Denver Arap.

Parker Hts No.1 W-2977 3074-F 6.0 8.5

Niewohner W-7343 16208-F 3.2 3.8

Parker 23 RD #1 W-9397 16219-F 28.2 91.4 55.8

Parker 24 RD #3 W-9397 17171-F 35.2 123.4

Lehman No. 1 W-6501 10102-F 57

Lehman No. 2 W-6501 13639-F 30

(The Decree in W-6501 states that permit number 1159 replaced permit number 13639 but the State

Engineer continued to track this well under permit number 13639-F.) The effect of the cessation of use of

these sixr wells upon areas in previous well field cases has already been taken into account. The amounts

listed above are only the amount of water made available to parcels added to the well fields in the present

case. NC or blanks mean that there is no change as far as the parcels in this case. Those areas that remain

under currently operating pre-213 wells are shown in Exhibit D to differentiate from those pre-213 wells

that have now ceased use and are fully incorporated into the well field. b. Further, the following pre-213

wells have been officially abandoned and their effects on the parcels in this and said previous well field

cases should now be added to Parker=s well fields, as follows:

Name Decree Permit No. Dawson Denver Arap.

Miller W-919 10715-F 75

Siebert W-3001 40909 19.37

Melba W-6198 25160 56.5

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Parker City W-5991 3959 37.12

16. Amounts of Water Added to Well Fields. a. The average annual amounts of water which may be

withdrawn from the Denver Basin aquifers under the requested additions to the well fields are set out in the

table attached hereto as Exhibit H. These amounts are taken from the Decrees entered by this Court listed

in paragraph 2 hereof for the parcels referenced therein, and from estimates by Parker’s engineers based on

the State Engineer’s Denver Basin Rules, 2 CCR 402-6 for the adjudication parcels. The detailed basis of

the amounts are set out in the “Estimated Volumes” Tables 1 through 4 of Exhibit C hereof. (NT means

nontributary and NNT means "not nontributary"). b. The following table summarizes the average annual

amounts to be added to Parker’s well fields pursuant to this Application, and the resulting total average

annual amounts in each well field once the water which is the subject of the present application is added to

Parker’s well fields as adjudicated in said cases 87CW104(A) and 87CW104(B), 94CW042, 95CW089,

99CW007 and 02CW227 (“previous well field decrees”). All quantities are in acre-feet per year.

Well Fields From previous well field

decrees

Added this

case

Total

Lower Dawson-NT 3099.1 1020 4119.1

Lower Dawson-NNT 1519.8 144.5 1664.3

Denver-NT 2547.6 1283.9 3831.5

Denver-NNT 4025.7 948.8 4974.5

Arapahoe-NT 6950.4 1934.7 8885.1

Laramie Fox Hills-NT 4198.4 1320.1 5518.5

c. Maps showing overlying land, by parcel, for each aquifer are attached as Exhibits E, F, and G for the

Lower Dawson, Denver, and Arapahoe aquifers respectively to show effects of pre-SB213 wells. The

Lower Dawson and Denver maps also show the boundaries between the non tributary and “not

nontributary” areas of the respective aquifers. The Laramie-Fox Hills Aquifer under the subject parcels is

not affected by any pre-SB213 wells. MATTERS OF GENERAL APPLICABILITY 17. Additional

Requests, Statements and Provisions. The following requests, statements and provision are applicable to

Parker’s request for approval of well field operation, including alternate points of diversion, as well as its

application for determination of rights to groundwater herein, unless otherwise stated. 18. Description of

Land to be Irrigated. Any land served by Parker’s municipal water system. Such land is generally

contained in Townships 6 and 7 South, Ranges 65, 66 and 67 West of the 6th P.M., in Douglas County, but

Parker may serve others outside its boundaries pursuant to contract or its rules and regulations. 19.

Additional Wells. The well fields requested herein shall include each additional well, alternate point of

diversion well, supplemental well or replacement well which is necessary to withdraw all of the

groundwater in each well field, including the groundwater for which adjudication is requested in paragraphs

5 through 13 hereof, may be withdrawn through such additional, supplemental and replacement wells as

necessary without publishing additional notice or filing additional pleadings with the Court. 20. Banking.

Parker requests the right to withdraw an amount of water in excess of the decreed allowed average annual

amount of withdrawal for each well field, as long as the total amount of water withdrawn from each well

field does not exceed the product of the number of years since the date of issuance of the original permit or

the original decree for each water right described herein, whichever is first, times the decreed allowed

average annual amount of withdrawal. 21. Pumping Rates. Parker may withdraw the total annual average

amount of water provided herein for each well field from any combination of the wells in that well field.

The pumping rates for each well in that well field may exceed the nominal pumping rates set forth herein

or in any decree mentioned in paragraph 2, to the extent necessary to withdraw the full allocation of water

from that well field, except as set forth in the Decree in Case 83CW161. 22. Water Service Entitlements.

Nothing herein is intended to create any implication that the granting of the present application will affect

the entitlement of any person to receive water service from Parker. Rights to water service will continue to

be governed by the applicable Inclusion Agreements, other Contracts and Agreements, and Parker’s Rules

and Regulations. 23. Overlying Lands. The overlying lands which relate to the groundwater which is the

subject of this application are fully described in the decrees referenced in paragraph 2, the parcel

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descriptions in paragraph 3 and are also shown on the map attached hereto as Exhibit A. 24. Ownership

and Notice. Parker owns or has the right to use the sites upon which all structures associated with this

matter will be located. Also, Parker is the record title owner of all of the water and water rights which are

the subject of this Application. 25. Records. Parker will maintain such records and make such

measurements of water as may be reasonable required by the Division Engineer. 26 Previous Terms and

Conditions. Parker does not request any change in the terms and conditions of the existing Decrees

mentioned in the foregoing paragraph 2 except as requested herein or as necessary to allow the requested

well field operations. 27. Well Construction. This is not an application which will require the construction

of a well within the meaning of §37-92-302(2), C.R.S. 28. Effective Dates. For purposes of applying §37-

90-137(10), C.R.S., the original date of filing of well permit applications, the date of filing of the

applications in cases mentioned in paragraph 2, the date of filing of applications for adjudication of the

decreed underground water rights which were subsequently superseded by any decrees mentioned in

paragraph 2 hereof, or the date of filing of this application, whichever is earlier and applicable, is the date

which shall be used by the State Engineer when considering permits for additional wells. 29. Well Permits.

Parker requests the Court to order that in considering any well permit applications, the State Engineer shall

be governed by the Findings of Fact, Conclusions of Law, and Decree herein which may result from this

Application and shall issue said permits in accordance with the provisions of such decree and 37-90-137(10)

C.R.S., and that Parker shall not be required to submit any additional proof or evidence of matters finally

determined in such decree when making application for wells to withdraw the water rights confirmed

therein. Parker further requests the Court to order that any failure to construct a well necessary to produce

groundwater hereunder within the period of time specified in any well permit not be deemed to extinguish

the underlying right to water. 30. Non-Injury. No legal injury will occur to the owner of any vested or

conditionally decreed water right from the granting of this application. 31. Jurisdiction. This Court has

jurisdiction over the subject matter of this Application pursuant Sections 37-92-203(1), 37-92-302(2) and

37-90-137(6), C.R.S.

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND

OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED

BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended

application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of

Opposition, setting forth facts as to why the application should not be granted, or why it should be granted

only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of

DECEMBER 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed

as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served

upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall

be filed with the Water Clerk.