January 2002, Resume-1 - CO Courts · January 2002 , Resume Jan Resume draft 1 3 #63488 is located...

January 2002, Resume-1

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a

resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of January 2002. 2002CW1 Miscellaneous 2002CW2 - MARY G. RAMSTETTER, 5957 Crawford Gulch, Golden, CO 80403. Application for Water Rights(Surface), JEFFERSON COUNTY. North Pasture Spring is located in the NW ¼NE ¼NW ¼. S11, T3S, R71W , 6th P.M. Source: The nearest creek is Dry Creek, a/k/a/ Van Bibber, tributary to South Platte River. Appropriation: before 1900 Amount claimed: 0.054 cfs Proposed Use: Domestic and Lawn watering. (2 pages) 2002CW3 – DANIEL L. YOUNGER, 6830 WCR#20, Loveland, CO 80537. JANE ELLER, 6709 W. 1st Street, Loveland, CO 80537. STEFAN WODYLAK, 6820 W. 1st Street, Loveland, CO 80537. Application for Change of Water Right, in LARIMER COUNTY. Lawrence Spring Ditch decreed 5/10/1901 in Case No. 10077. Decreed point of diversion: North bank of Dry Creek, SW1/4 corner of the SW1/4 S24, T5N, R70W of the 6th P.M., bears East 180 ft and North 180 ft. Source: Spring and Seepage. Appropriation date: 5/10/1901 Amount: 4 cu ft / sec. Historic Use: Diversion of water for agriculture purposes with a carrying capacity of 4 cu ft/ sec in irrigation ditch priority 95 ditch 61 dated 5/10/1901. Note: No water rights to be changed—water has been and presently used for livestock water and irrigation. Proposed change: A. This proposed change is to describe the exact legal description of the headgate of the LAWRENCE SPRING DITCH; only. B. The old description puts the headgate farther than 200’ as required by the district. C. New Legal Description: GPS Reading: Easting – 13TO484614; Northing UTM 4470359 or corner of the NW1/4NW1/4SE1/4 S24, T5N, R70W of the 6th P.M. Name and address of land on which structure is located: John L. Phillips, 513 Mustang Drive, Loveland, CO 80537. (2 pages) 2002CW4(86CW385) – Equus Farms, Inc., 2400 Anaconda Tower, 555 17th Street, Denver, CO 80202, (303) 298-1000. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in WELD COUNTY. 1. Name, address and telephone number of applicant: Equus Farms, Inc., 2400 Anaconda Tower, 555 17th Street, Denver, CO 80202, (303) 298-1000. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structure: Stagecoach Reservoir 3. Description of conditional water rights: Stagecoach Reservoir was decreed a water storage right for 80 acre feet with an appropriation date of March 1, 1986 by decree of this Court dated May 31, 1989 in Case No. 86CW385. The

January 2002 , Resume

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Reservoir is located in the S1/2 of Section 17, Township 4 North, Range 62 West, 6th P.M., Weld County, Colorado. The outlet of the Reservoir is in the SE1/4 of the SE1/4 of said Section 17, at a point approximately 1,080 feet North and 0 feet West of the Southeast corner of said Section 17. The Reservoir is fed by water diverted by the Bijou Canal from the South Platte River at a point in the NE1/4 of Section 13, Township 4 North, Range 63 West, 6th P.M., which bears South 5� West 600 feet from the Northeast corner of said Section 13; water is then diverted into the Corona Ranch Ditch and delivered to the Reservoir. The Reservoir was decreed absolute for irrigation of 166 acres in the SW1/4 of Section 16, SE1/4 of Section 17 and N1/2 of Section 22, Township 4 North, Range 62 West, 6th P.M., recreational, piscatorial and wildlife habitat purposes. The right was decreed and remains conditional for irrigation on an additional 1,044 acres, releases for augmentation and replacement, and recharge credit. A finding of reasonable diligence with respect to these conditional uses was previously obtained by decree entered in Case No. 95CW103 entered on January 22, 1996. 4. Detailed outline of work done toward complete of the appropriation: Since the last diligence decree was entered in January 1996, applicant has undertaken the following specific activities which demonstrate diligence with regard to the subject conditional uses: (a) Applicant has continued to operate, maintain and improve Stagecoach Reservoir. (b) Applicant has continued to operate the augmentation plan decreed in Case Nos. 86CW386 whereby water released from Stagecoach Reservoir can be used to augment depletions associated with various water uses on Applicant’s property. (c) Applicant has continue to operate the augmentation plan decreed in Case No. 87CW052 whereby water released from Stagecoach Reservoir can be used to augment depletions associated with various water uses on Applicant’s property. (d) Augmentation and recharge credits otherwise available to Applicant have been sufficient to date to augment all such out of priority depletions, but water released from and/or recharge credits available from Stagecoach Reservoir remain an important element of such augmentation plans and continue to provide a back-up source of augmentation water. (e) Applicant continues to develop plans for the extension of its irrigation system to utilize water released from Stagecoach Reservoir for the irrigation of the additional acreage conditionally decreed thereto. WHEREFORE, applicant requests that the Court enter a finding of reasonable diligence with respect to the conditional water uses described herein. 2002CW5 – WILBUR A. McNAIR JR. and DONNA B. McNAIR. 6541 N. Alpine Drive, Parker, CO 80134. Application for Underground Water Rights From Nontributary Sources, in DOUGLAS COUNTY. 2. Well permits: 3. Existing McNair Well permit #63488. Other well permits will be applied for prior to drilling the wells. Wells are sought to withdraw ground water from the nontributary Lower Dawson, Denver, Arapahoe or Laramie Fox Hills aquifers underling the land described in paragraph 9 and below at this time. Existing McNair well



#63488 is located on the applicants land in the NE1/4NW1/4, S7, T7S, R65W, 6th P.M. at a point approximately 100’ from north line and 2600’ from west line of S7. All other wells will be located on applicants land, on Lot 62, Hidden Village, Filing #2. 4. Date of Appropriation: Water appropriated for McNairWell #63488 on June 28, 1972. 5. Source: A. Existing McNair Well #63488 withdraws not nontributary groundwater from the Upper Dawson aquifer. B. The nontributary groundwater will be withdrawn from the Lower Dawson, Denver, Arapahoe and Fox Hills aquifer(s). 6. Estimated Amounts, Rates of Withdrawal and Well Depths:l A. Existing McNair Well #63488, 250’ deep, approved 1 ½ acre ft per year. We request,15 gpm absolute from Upper Dawson aquifer. Pump test accomplished 9/6/01 as follows: Using 2 garden hoses on 2, ½ inch hose bibs, turned on full force. Waited for pump to kick on. Water flow was such that pump ran continuously. Inserted hoses into large garbage can for exactly 1 minute. Measured output at 15 gals. Turned water off for 5 min. Tank refilled and pump cut off. B. Average Pumping Rates and Well Depths, future wells:

Rate Aquifer Depths Lower Dawson aquifer 35 gpm 710 to 920 feet Denver aquifer 35 gpm 960 to 1690 feet Arapahoe aquifer 35 gpm 1750 to 2260 feet Laramie Fox Hills aquifer 35 gpm 2580 to 2890 feet Actual pumping rates may vary according to system design and water supply demands. C. Estimated Average annual Amounts Available The estimated average annual amount of withdrawal available from the subject aquifers as indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying subject property which is an area of 2.8 acres. Sand Average Annuall Thickness Yield(%) Withdrawal

Acre Feet

Lower Dawson Aquifer 97 feet .20 .59 Denver aquifer 255 feet .17 1.15 Arapahoe Aquifer 249 feet .17 1.20 Laramie-Fox Hills Aquifer 195 feet .15 .81 D. The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrology and the legal entitlement of applicant to all groundwater in those aquifers underlying the described property.



7. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available non tributary ground water in the subject aquifers lying below the land described in paragraph 9 below, through the wells described in paragraph 2 above and any additional well(s) which may in the future become part of the applicant’s well fields. Applicant requests that these wells along with any additional wells completed into the same aquifer, shall be treated as a well filed. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well. 8. Proposed Use: A. Existing McNair Well #63488 with Domestic rating is used for 1 single family dwelling, stock, lawn and garden irrigation of approximately 4000 sq. ft. B. All water withdrawn from the proposed nontributary wells, will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: municipal, domestic, industrial, commercial, augmentation, stock watering, recreational, fish and wildlife. Water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. Description of the Land Overlying Subject Ground Water: Approximately 2.8 acres of land located in the NW ¼ of NE1/4 of Section 7, Township 7 South, Range 65 West of the 6th P.M. Douglas County, Colorado. AKA lot 62, Hidden Village, Filing #2. (map attached) (3 pages) 2002CW6 – PER FREDRIK NAESS, 12551 S. Ridge Road, Conifer, CO 80433. Application for Underground Water Right in JEFFERSON COUNTY. Naess Well #179664 is located in the NE¼ SE1/4, S32, T6S, R70W, 6 P.M., 2,120 ‘ from S and 540’ E of section line. Source: Ground Water. Depth: 200 ft. Appropriation: 6/2/94. Amount claimed 12.5 gpm Proposed use: Household & domestic use, including irrigation and domestic annual use as approved in permit #179664. (3 Pages)



2002CW7 - CITY OF LONGMONT, c/o Ken S. Huson, Water Resources Engineer, Water/Wastewater Utilities, 1100 South Sherman Street, Longmont, Colorado 80501, (303) 651-8340 [c/o Raymond L. Petros, Jr., Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518, (303) 825-1980. Application for Finding of Reasonable Diligence, in Boulder County, Colorado. 2. Name of structure: Button Rock Reservoir Second Enlargement. 3. Description of conditional water rights: A. Decree: Judgment and decree entered by the District Court in and for Boulder County, State of Colorado, on February 25, 1971, in Civil Action No. 20716. Findings of reasonable diligence were subsequently made in decrees in Case Nos. W-2871 on September 29, 1975, W-2871-79 on March 20, 1980, 84CW042 on August 29, 1986, 88CW027 on April 28, 1989, and 95CW75 on January 8, 1996. B. Location: The stream bed of North St. Vrain Creek in Sections 17, 18, 19 and 20, T. 3 N., R. 71 W., of the 6th P.M., and in Sections 13 and 24, T. 3 N., R. 72 W., of the 6th P.M., all in Boulder County, Colorado, the initial point of survey of the high water line is located in Section 20 at a point whence the N1/4 corner of Section 20, T. 3 N., R. 71 W., of the 6th P.M. bears N. 2° 56' 35" W. a distance of 1772.34 feet. C. Source: North St. Vrain Creek, a tributary of St. Vrain Creek. D. Appropriation Date: May 27, 1964. E. Amount: 32,551.1 acre feet, conditional for storage. F. Use: Municipal, domestic, agricultural, industrial and power purposes, including domestic use, fire protection, street sprinkling, watering of parks, lawns and grounds, mechanical uses, storage reserve exchanges, and any other municipal purposes. 4. Detailed outline of work done to complete project and apply water to beneficial use: The conditional water storage right decreed in Civil Action No. 20716 for a further enlargement of Button Rock Reservoir (a/k/a Ralph Price Reservoir) is critical to the City of Longmont's ("Longmont") water supply system. Longmont is developing its water system in accordance with a long-term program for the phased construction of additional storage and the use of water rights as needed to meet the expanding residential, commercial and industrial water demands of Longmont. During the subject Diligence Period (January 1996 to the present), Longmont has spent considerable time and money in the development of its integrated water system, and large expenditures of money will be required in the future to continue this development. Longmont's efforts to develop its water system and expand Button Rock Reservoir during the Diligence Period support a finding of reasonable diligence for the conditional water storage right which is the subject of this application. These efforts include the work detailed in the affidavit of Ken S. Huson, Water Resources Engineer for Longmont, attached hereto as Exhibit A, and are summarized as follows: A. Cook Mountain Land Acquisition - Purchase price of $450,000.00; the acquisition of a total of 60 acres was completed on May 22, 2001. Primary reasons for the acquisition were watershed management for Button Rock Reservoir, and to quiet any concerns associated with access to the future enlargement of the reservoir. B. United States Forest Service Land



Exchange - Costs of $146,000.00 during the Diligence Period related to land exchange necessary for the reservoir enlargement. On December 3, 1997, 483.95 acres of Longmont-owned land, valued at $1,091,000.00, were exchanged for 591.12 acres of federal land, valued at $1,025,000.00. C. Button Rock Dam Safety Measures - Costs during the Diligence Period were $7,000.00; monitoring and inspections established performance records useful for final embankment design. D. Water Rights Change Applications - Costs during the Diligence Period associated with eleven different change of water right applications filed by Longmont were $164,213.00; these changes enhance the yield, utility and efficiency of an enlarged reservoir. E. St. Vrain Creek Corridor Committee - Costs associated with staff time and water releases during the Diligence Period were $21,808.00; these efforts provide data that may be used to develop environmental studies in connection with the reservoir enlargement. F. Opposition to Water Rights Cases - Costs during the Diligence Period were $78,300.00; the oppositions are in defense of Longmont’s water rights, including the subject enlargement right. G. Windy Gap Water Project/Six Cities - Cost during the Diligence Period of $10,062,866.00; the Project enhances the yield, utility and efficiency of an enlarged reservoir. H. Master Plans; Raw Water, Treated Water and Wastewater - Costs during the Diligence Period were $403,157.00. I. Water Department Budget (1996-2001) - Total of $71,752,248.00. J. Treated Water Transmission and Distribution Lines - Reimbursements to developers during the Diligence Period were $1,521,329.00. K. Bond Payments Financing Water Projects - Total during the Diligence Period was $14,768,128.00. 5. Name and address of the owner of land on which the structure is or will be located: City of Longmont, c/o Ken S. Huson, Water/Wastewater Utilities, 1100 South Sherman Street, Longmont, Colorado 80501. WHEREFORE, Longmont respectfully requests that the Court enter a finding of reasonable diligence with respect to the subject conditional water storage right described in paragraph 3 above. (5 pages, 6-page exhibit)

2002CW8 (95CW117, 88CW187, 84CW480, W-9478-78) THE COUNTY OF BOULDER, A BODY CORPORATE AND POLITIC, c/o Timothy R. Buchanan, P.C., 14700 West. 66th Place, Suite 6, Arvada, Colorado 80004, (303) 431-9141. Application For a Quadrennial Finding of Reasonable Diligence, IN BOULDER COUNTY. 1. The Name, Address and Telephone Number of the Applicant: The County of Boulder, a Body Corporate and Politic (“Boulder County”),c/o Office of the County Attorney, Post Office Box 471, Boulder, Colorado 80306 2. Name of Structure: P.H.C. Seepage Ditch No. 3. 3. Describe Conditional Water Right, Giving the Following From the Referee’s Ruling and Judgment and Decree: a. Date and Case Number of Original Decree: December 26, 1980, Case No. W-9478-78 in the District Court in and for Water Division No. 1. The water right was the subject of decrees finding and determining reasonable diligence in the development of the water right in Case No. 84CW480 entered on June 24, 1985, Case No. 88CW187 entered on May 3, 1989, and Case



No. 95CW117 entered on January 8, 1996. b. Legal Description of Location of Structure: P.H.C. Seepage Ditch No. 3 is located in the NE 1/4 of the SW 1/4 of Section 27, Township 2 North, Range 69 West of the 6th P.M. in Boulder County, Colorado, at a point approximately 60 feet West and 20 feet South of the center of Section 27. c. Source: Seepage, waste, drainage, and tail water associated with natural precipitation and irrigation operations in the Boulder Creek and Dry Creek Drainage basins. The water predominately arises in Sections 33 and 34, Township 2 North, Range 69 West of the 6th P.M. in Boulder County, Colorado, and finds its way into the narrow ditch which parallels Niwot Road, located near the south line of Section 34. No groundwater shall be appropriated. d. Date of Appropriation: February 15, 1964. e. Amount: 1.50 c.f.s., of which 0.35 c.f.s. is ABSOLUTE and 1.15 c.f.s. is CONDITIONAL pursuant to the decree entered on January 8, 1996 in Case No. 95CW117. f. Use: Irrigation of approximately 80 acres located in the East ½ of the SW 1/4 of Section 27, Township 2 North, Range 69 West of the 6th P.M. in Boulder County, Colorado. g. Provide a Detailed Outline of What has been Done Toward Completion of the Appropriation and Application of the Water to a Beneficial Use: 1. Boulder County purchased the water right on April 21, 2000 pursuant to a Bargain and Sale Deed, which was recorded on April 25, 2000 at Reception No. 2039627 in the Books and Records of the Boulder County Clerk and Recorder, and Special Warranty Deed dated April 21, 2000 recorded on April 25, 2000 at Reception No. 2039626 in the Books and Records of the Boulder County Clerk and Recorder. Since the purchase of the water right, Boulder County has incorporated the water right into its water supply for the use of the property for development and maintenance of open space. 2. Boulder County currently leases the property and water right that is the subject of this Application for agricultural purposes to Sombrero Ranch. 3. As of the date of this Application, the full amount of the water right that is the subject of this Application has not been applied to beneficial use. Boulder County is continuing to develop the water right for the delivery and use of the decreed amount. (4 pages) 2002CW9 CONCERNING THE APPLICATION FOR WATER RIGHTS OF TIM AND ANNETTE GRAY, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND 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. 1. Name, address, and telephone number of Applicants: Tim and Annette Gray, 22631 County Road 15-21, Elbert, Colorado 80106 c/o (303) 534-3636 (Holly I. Holder, Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any



location on approximately 323 acres of land generally located in Section 7, T10S, R64W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 190 feet 123 acre-feet Lower Dawson 120 feet 78 acre-feet Denver 235 feet 129 acre-feet Arapahoe 277 feet 152 acre-feet Laramie-Fox Hills 213 feet 103 acre-feet Applicants will reserve Upper Dawson aquifer groundwater for use through exempt wells pursuant to Section 37-92-602, C.R.S. The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for



augmentation: A. Groundwater to be augmented: Part of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above to be withdrawn over a 300 year pumping period. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water for inhouse, irrigation, and stockwatering use through individual wells on approximately 16 residential lots on the Subject Property over a 300 year period, which water will be withdrawn at rates of flow of 15 gpm. Applicants estimate that each well will be limited to an annual amount of 1 acre-foot per year for inhouse use (0.5 acre-feet), irrigation of approximately 7,000 square-feet of lawn, garden, and trees (0.4 acre-feet), and stockwatering of 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to revise these values without amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S.



WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2002CW10 - CONCERNING THE APPLICATION FOR WATER RIGHTS OF MERIDIAN HOMES, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, in ElBERT COUNTY. 1. Name, Address, Telephone Number of Applicant: Meridian Homes, LLC, 7400 E. Crestline Circle, #150, Greenwood Village, Colorado 80111 (303) 773-2424 (Holly I. Holder, Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 178 acres of land, being Tracts 1, 4, 5, 7, and 10, Pronghorn Ranch, which tracts are located in parts of Section 13, T6S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the subject aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Denver 330 feet 99 acre-feet Arapahoe 270 feet 82 acre-feet Laramie-Fox Hills 200 feet 53 acre-feet



Applicant will reserve parts of the Denver aquifer water for use through exempt wells pursuant to Section 37-92-602, C.R.S. The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. Applicant also requests that the water underlying the Subject Property be withdrawn in combination with the same type of water decreed in Case No. 2001CW019, which water is also owned by Applicant, through wells located on the Subject Property or wells located on the land which is the subject of Case No. 2001CW019. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. 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. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater.



C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 2002CW11 - DOUGLAS RANCH PROPERTY OWNERS ASSOCIATION, c/o Gregory A. Wambolt, 7596 W. Jewell, Suite 100, Lakewood, Colorado 80232 (James R. Montgomery, Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440). APPLICATION FOR CHANGE OF WATER RIGHT, in JEFFERSON COUNTY. Existing decree: Amended Findings of Fact, Conclusions of Law, Judgment and Decree Approving Amended Application for Absolute and Conditional Water Rights and Plan for Augmentation, Including Change of Water Rights and Appropriative Right of Exchange, entered January 23, 1991 in Case No. 87CW148 by the District Court, Water Division No. 1. Pursuant to that decree, applicant was granted, among other things, the right to operate Douglass Ranch Wells No. 1 through 42 in accordance with the plan for augmentation decreed therein. Douglass Ranch Wells No. 1 through 42 are or will be used to serve a 42-unit residential subdivision on 269 acres of land located in the SW1/4 of Section 5, E1/2 of Section 6, NE1/4 of Section 7 and the NW1/4 of Section 8, all in Township 7 South, Range 71 West, of the 6th P.M., in Jefferson County, Colorado which is described in the attached Exhibit A and depicted in the attached Exhibit B. Each of the Douglass Ranch Wells No. 1 through 42 presently existing and to be drilled are withdrawing or will withdraw groundwater tributary to Elk Creek, a tributary of the South Platte River at a rate of flow of up to 15 gallons per minute. Paragraphs 4(a) and 5(b)(1) of the Amended Findings of Fact, Conclusions of Law, Judgment and Decree in Case No. 87CW148 contain a limitation on the depth of Douglass Ranch Wells No. 1 through 42 to 600 feet. Paragraph 4(a) states that “each well will withdraw groundwater tributary to Elk Creek, a tributary of the South Platte River, at a depth of up to 600 feet and a rate of flow up to 15 g.p.m.” Paragraph 5(b)(1) provides that Douglass Ranch Wells No. 1 through 42 may be constructed to “a maximum [depth] of 600 feet.” Amendment to existing decree: The 600-foot depth limit on Douglass Ranch Wells No. 1 through 42 stated in paragraphs 4(a) and 5(b)(1) of the decree in Case No. 87CW148 was not, to the best of applicant’s knowledge, included in the decree at the request of any objector to that case to prevent injury to vested or decreed conditional water rights. Accordingly, applicant requests that the decree in Case No. 87CW148 be amended to delete the language in paragraphs 4(a) and 5(b)(1) that limits Douglass Ranch Wells No. 1 through 42 to a maximum depth of 600 feet. Applicant requests no amendment to the existing decree in Case No. 87CW148 other than the removal of the 600-foot depth limitation on Douglass Ranch Wells No. 1 through 42 from the decree, as described above. No injury to vested or decreed conditional water rights: Some wells in the Douglass Ranch subdivision have been drilled to depths greater than 600 feet. Such wells are tributary to Elk Creek and the depletive effect of such wells is fully



replaced by the decreed plan for augmentation. No injury to the vested or decreed conditional water rights of others will result from the removal of the 600-foot depth limitation. All wells presently existing and to be drilled to serve lots in the Douglass Ranch subdivision are or will be tributary to Elk Creek and augmented under the amended decree. Notice: As evidenced by the attached certificate of service, applicant has given notice of this application by certified mail, return receipt requested, to all parties who were objectors to applicant’s Case No. 87CW148. WHEREFORE, applicant requests the Water Court to enter an order amending the decree in Case No. 87CW148 by: Deleting the phrase “a depth up to 600 feet and” from paragraph 4(a) of said decree; and Deleting paragraph 5(b)(1) of said decree. (7 pages) 2002CW12 (95CW131, W-9285-78). City of Arvada, 8101 Ralston Road, Arvada, CO 80002, (303) 431-3035. Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 2. Name of structure: Blunn Lake Reservoir – Seepage Control System. Blunn Lake is now known as Arvada Reservoir. 3. Describe conditional water right (as to each structure) from Referee’s Ruling and Decree (include a map): A) Date of original decree, case no. and court: The original decree was entered October 12, 1982, in Case No. W-9285-78, and diligence decrees were entered in Case No. 86CW208 on June 14, 1989 and Case No. 95CW131 on March 13, 1996. B) Legal Description: (Required Description)

County: Jefferson

SE ¼ of the

NE ¼ Section 3

Township 3 S

Range 70 W

Principal Meridian 6th

Distance from section lines (section lines are typically not property lines): 2,000 Feet from N and 190 Feet from E Street Address: N/A Subdivision: Lot: Block:

The decreed legal description of the point of collection is at a point 2,000 feet south and 190 feet west of the northeast corner of Section 3, Township 3 South, Range 70 West of the 6th P.M. The location of the structure is shown on the map attached as Appendix A. C) Source: Water stored by Applicant in Blunn Lake Reservoir, now known as Arvada Reservoir, whether pursuant to decree, contract, or other means. No claims is made herein to store water attributable to the Denver May 25, 1965 Contract or to use seepage water derived therefrom. D) Appropriation: Date: October 23, 1959. Amount: 10 cfs. CONDITIONAL. E) Uses: Municipal, irrigation, recreation, and other beneficial uses. 4.Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the subject diligence period, Arvada constructed a settling basin in Arvada Reservoir in 1996 at a cost of $150,000, conducted a comprehensive engineering inspection of Arvada Reservoir and the



outlet gates and structure in 1998 at a cost of $7,500, and designed and constructed Arvada’s Church Ditch Pump Station and pipeline in 2000 to deliver to Arvada Reservoir a portion of the water that may be a source of the subject water right at a cost of approximately $1,500,000. Applicant has continued to monitor the reservoir for seepage and has been prepared to apply such seepage water to beneficial use, to the extent any seepage occurs. The total amount of expenditures related to this conditional water right during the past six years has been in excess of $1,657,500. 5. If a claim to make absolute, water applied to beneficial use: No portion of the conditional amount is claimed absolute in this application. 6. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The Structure is located on land owned by the Applicant, City of Arvada.

2002CW13 - CDM McDERMOTT, LLC, Attn. Mr. Chet Ringler, 940 Elkton, Colorado Springs, CO 80907 (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., 530 Communication Circle, Suite 204, Colorado Springs, CO 80905-1743) Application for Underground Denver Basin Water Rights and for Approval of Plan for Augmentation, IN EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS 1. Name, address, telephone number of applicant: CDM McDermott, LLC, Attn: Mr. Chet Ringler, 940 Elkton, Colorado Springs, CO 80907. Phone number: 719-492-5213. 2. Names of wells and permit, registration, or denial numbers: No wells have been permitted or constructed on the Property. 3. Legal description of wells: Up to fourteen wells in the Dawson aquifer, and so many wells in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers as are necessary to obtain Applicant’s full adjudicated amount of water. The wells may be located anywhere on Applicant's 80± acre property, the legal description of which is the E1/2 NE1/4 Section 13, T. 11 S., T. 66 W., 6th P.M., El Paso County, Colorado (the “Property”). The Property is located in the Cherry Creek basin. Applicant waives the 600 foot spacing requirement for all wells constructed on the Property. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable.5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer: 15 g.p.m. per well, 78.2 acre feet annually, absolute; Denver aquifer: 250 g.p.m. per well, 71.3 acre feet annually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 31.8 acre feet annually, absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 23.6 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer’s Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 7. Proposed use: All beneficial uses including augmentation and exchange. 8. Name and address of owner of land on which well is located: Same as applicant. A copy of Applicant’s deed is attached to this application. 9. Remarks: There is one lien or encumbrance against the Property, the owner of which will be given notice pursuant to the provisions of C. R.S. §37-90-137(4)(b.5) as soon as his most recent mailing address



is obtained. This decree and all wells decreed herein will comply with all relevant provisions of the Denver Basin Rules and Statewide Nontributary Ground Water Rules. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Name, address, telephone number of applicant: CDM McDermott, LLC, Attn: Mr. Chet Ringler, 940 Elkton, Colorado Springs, CO 80907. Phone number: 719-492-5213. 11. Name of structures to be augmented: Up to fourteen Dawson aquifer wells. No other water rights are or will be diverted from these wells. 12. Previous decrees for water rights to be used for augmentation: None. 13. Historic use: Not applicable. 14. Statement of plan for augmentation: This application provides for the augmentation of stream depletions caused by pumping Dawson aquifer wells on each of as many as fourteen residential lots. Water use criteria for each lot are as follows: indoor uses, 0.27 acre feet annually per single family dwelling which is 10% consumptive; horses (or horse equivalents), 0.011 acre feet annually (10 gallons per day) per head, 100% consumptive; landscape irrigation, 0.046 acre feet annually per 1,000 square feet (2.0 acre feet per acre) per year, 85% consumptive. Consumption attributable to indoor uses is predicated on the use of nonevaporative individual sewage disposal systems ("ISDS"), which shall be required for each lot. Change to any other type of waste water disposal shall require an amendment to the plan for augmentation. Replacements during pumping. Based upon computer modeling, depletions to the South Platte and Arkansas basins combined are expected to gradually increase to a maximum of 21.6% of pumping annually in the 300th year. Each lot shall be limited to pumping of 1.0 acre foot annually, which would result in annual stream depletions, in the 300th year, of 0.22 acre feet per lot, or 3.02 acre feet annually. Return flows from a single ISDS will equal 0.24 acre feet annually. Thus, even if all water uses on the Property, other than in-door household uses, are fully consumptive, return flows from ISDS alone are adequate to replace stream depletions during pumping. The only restrictions necessary to ensure that replacements equal or exceed stream depletions are (1) limit annual pumping to 1.0 acre foot per well (14.0 acre feet total), and use of ISDS or some other form of wastewater treatment which is no more consumptive. Replacements after pumping. Stream depletions will reach a maximum of 21.6% of average annual pumping when pumping ceases, theoretically in the 300th year, and will decline thereafter. Applicant shall replace injurious post-pumping depletions with the nontributary Denver aquifer water decreed herein, all of which will be reserved for that purpose. However, Applicant seeks to reserve the right to replace such depletions with any judicially acceptable source of augmentation water upon application and notice as required by law. Applicant further proposes to aggregate all depletions and replace them to the South Platte River drainage in the unnamed tributary of Cherry Creek which flows through the Property. Any final decree entered in this case shall provide that no more than 1.0 acre feet per year may be diverted from each Dawson aquifer well (14.0 acre feet total) absent an amendment to this plan for augmentation. Because depletions will occur in both Water Division 1 and 2, this application is will be published in the resume for both water divisions. Applicant will thereafter consolidate the two cases in Water Division 1 (Application and attachments, 5 pages) 2002CW14 – RAYMOND P. MORRIS CONCERNING THE APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND APPROVAL OF PLAN FOR AUGMENTATION, in EL PASO COUNTY. 1. Name and address of applicant: Raymond P. Morris,



6273 S. Lake Gulch Road, Castle Rock, Colorado 80104, (303) 663-2957 (Tienken & Hill, L.L.P., 726 Front Street, Suite B, Louisville, Colorado 80027 (303) 673-9373). FIRST CLAIM FOR RELIEF (Underground Water Rights From the Not Nontributary Dawson Aquifer and From the Nontributary Denver, Arapahoe and Laramie-Fox Hills Aquifers) 2. Names and legal description of wells: A. The wells which will withdraw groundwater from the not nontributary Dawson aquifer will be located at any location on approximately 170 acres of land described as the North Half of Lot 1, the East Half of the Northwest Quarter, and the Northeast Quarter of the Southwest Quarter, all in Section 7, Township 11 South, Range 65 West of the 6th P.M., El Paso County, Colorado (“Subject Property”). Source: That portion of the not nontributary Dawson aquifer underlying the Subject Property. Full penetration of the Dawson aquifer, estimated to be approximately 1,000 feet. Date of appropriation: N/A B. The wells which will withdraw groundwater from the nontributary Denver aquifer will be located at any location within the Subject Property. Source: That portion of the nontributary Denver aquifer underlying the Subject Property. Full penetration of the Denver aquifer, estimated to be approximately 1,900 feet. Date of appropriation: N/A C. The wells which will withdraw groundwater from the nontributary Arapahoe aquifer will be located at any location within the Subject Property. Source: That portion of the nontributary Arapahoe aquifer underlying the Subject Property. Full penetration of the Arapahoe aquifer, estimated to be approximately 2,450 feet. Date of appropriation: N/A D. The wells which will withdraw groundwater from the nontributary Laramie-Fox Hills aquifer will be located at any location within the Subject Property. Source: That portion of the nontributary Laramie-Fox Hills aquifer underlying the Subject Property. Full penetration of the Laramie-Fox Hills aquifer, estimated to be approximately 3,100 feet. Date of appropriation: N/A 3. Applicant is the owner of the Subject Property overlying the nontributary and not nontributary groundwater claimed herein, totaling approximately 170 acres. Applicant requests that this court determine that applicant has the right to withdraw and use all of the unappropriated water lying below the Subject Property in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 4.. The best data currently available indicates that applicant can recover up to a maximum of 155 acre feet annually from the Dawson aquifer, 137 acre feet annually from the Denver aquifer, 77 acre feet annually from the Arapahoe aquifer and 52 acre feet annually from the Laramie-Fox Hills aquifer, based upon the hydrogeology of the aquifers and applicant's legal entitlement to all nontributary water in the respective aquifers underlying the Subject Property. The average rates of withdrawal from each of the proposed wells are summarized below: Structure Rate (GPM) Dawson 50 Denver 15 Arapahoe 100



Arapahoe 120 5. Applicant further requests that all of the wells in paragraph 2 in one aquifer plus any additional wells in that aquifer shall be designated as a well field as defined by Statewide Nontributary Ground Water Rule 14, 2 CCR 402-7, and that the pumping rates for each well be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the full acre foot allocation of water from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 6. Applicant requests the right to revise these estimates based on new data made available without the necessity of amending this application or republishing. In addition to the wells described in paragraph 2, applicant may need to construct additional or replacement wells to recover the entire decreed amount of water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.Applicant requests the right to construct such additional or replacement wells as are necessary in order to maintain production levels in each aquifer. 7. The annual withdrawal amounts for each aquifer, set forth above, were calculated based upon an aquifer life of 100 years in accordance with C.R.S. §37-90-137(4)(b)(I) and equal one percent of the total amount of water recoverable from beneath the Subject Property. However, applicant claims the right to withdraw more than the one percent withdrawal amount so long as the sum of the total withdrawals from all wells in each aquifer does not exceed the product of the number of years since the date of issuance of the first well permit for a well in the aquifer, or the date of determination of rights to ground water from the Water Court, whichever occurs first, times the average annual amount of withdrawal. 8. The applicant requests the right to revise the claims set forth above, either upward or downward, without the necessity of amending this application or republishing. Applicant requests that the court retain jurisdiction until such time as a sufficient number of wells have been drilled to provide the site specific information required by the rules and regulations. At that time the applicant will petition the court for a final determination of the amount of water that may be withdrawn based upon evidence of saturated sand thicknesses and specific yields as shown by wells logs. This petition may have the effect of revising the claims described herein either upward or downward, as the evidence indicates. 9. Proposed uses: Applicant intends to use, reuse, successively use and otherwise dispose of the water for all purposes, including domestic, agricultural, industrial, commercial, irrigation, stock watering, central supply, recreation, fish and wildlife and fire protection. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange, for replacement of depletions resulting from the use of the water from other sources, for relinquishment to the stream system pursuant to C.R.S. §37-90-137(9)(b), and for all other augmentation purposes, including augmentation of "not nontributary" groundwater diversions. 10. The groundwater in the Dawson aquifer is not nontributary ground water as defined in C.R.S., Section 37-90-103(10.5). Applicant seeks quantification of the ground water available in the



not nontributary Dawson aquifer underlying the Subject Property and states that the water from this aquifer will not be used until judicial approval of a plan for augmentation to replace depletions caused by the pumping of the ground water, as required by C.R.S. Section 37-90-137(9)(c). Applicant seeks approval of a plan for augmentation in applicant’s Second Claim for Relief herein. 11. Applicant also requests confirmation of its right to use, reuse, successively use and otherwise dispose of all groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers remaining after lawful compensation for required 2% relinquishment. 12. In compliance with C.R.S. § 37-92-302(2)(b), applicant shall supplement this application, with evidence that applicant has, within ten days after the filing of this application, given notice to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the Subject Property. SECOND CLAIM FOR RELIEF (Approval of a Plan for Augmentation) 13. Water Rights to be Augmented: A. Applicant is entitled to develop 15,500 acre feet of groundwater in the not nontributary Dawson aquifer described in the First Claim for Relief herein. Accordingly, the maximum annual average entitlement of not nontributary groundwater owned by applicant in the Dawson aquifer, over 300 years, is approximately 52 acre feet. B. Judicial approval of a plan for augmentation is a condition precedent to the withdrawal of the Dawson aquifer groundwater claimed herein. Applicant seeks, in this application, approval of a plan for augmentation entitling applicant to withdraw its Dawson aquifer groundwater. 14. Water Rights to be Used for Augmentation: A. Applicant proposes to replace depletions caused during pumping with non-evaporative septic system return flows and lawn grass irrigation return flows. These return flows during pumping exceed the amount of stream depletion, which is estimated to be a maximum of twenty percent (20%) of pumping. B. Applicant is entitled to develop 13,700 acre feet of groundwater in the nontributary Denver aquifer claimed in the First Claim for Relief herein. Accordingly, the maximum annual average entitlement of nontributary groundwater owned by Applicant in the Denver aquifer is 137 acre feet. Applicant seeks to replace post-pumping depletions that cause material injury with the nontributary Denver groundwater described herein; however, applicant reserves the right to replace such depletions with any judicially acceptable source of augmentation water. 15. Statement of Plan for Augmentation: A. Applicant intends to use the Dawson aquifer wells for a residential development on the Subject Property, including, but not by way of limitation, in-house use, exterior household uses, landscape irrigation, stock watering, common area irrigation and common area amenities. It is anticipated that twenty-seven (27) single family residences, including irrigation, will be supplied pursuant to this plan for augmentation, together with the common area facilities. Annual diversions of groundwater from the Dawson aquifer pursuant to the plan for augmentation pleaded herein will not exceed 27 acre feet. B. Applicant has not determined the specific locations for all the wells required to withdraw groundwater from the Dawson aquifer, but states that each well will be constructed within the Subject



Property and each will be designed so that it withdraws water from a single aquifer. Applicant is the owner of the Subject Property upon which all of the Dawson aquifer wells will be located. Applicant requests the right to locate the wells required to withdraw its entitlement from the Dawson aquifer at any point within the Subject Property, without the necessity of filing an amendment to the application, republishing, or petitioning the court for the reopening of any decree. 2 C.C.R. 402-7, Rule 11. Applicant waives the 600 foot spacing rule pursuant to C.R.S. §37-90-137(2) with respect to any wells so constructed. C. Prior to Applicant using any type of sewage treatment other than non-evaporative septic systems, Applicant, or its successors in interest, shall obtain an amended decree allowing such modification. 16. Replacement of Depletions: A. Replacement of Depletions During Pumping: 1. Applicant will replace actual stream depletions caused by pumping the proposed Dawson aquifer wells on the Property to the affected stream system(s) pursuant to C.R.S. § 37-90-137. Depletions may occur in the South Platte and Arkansas drainage basins. 2. Applicant seeks approval of a plan for augmentation allowing Applicant to aggregate all depletions and replace them to the East Cherry Creek basin. 3. Return flows from the use of the Dawson aquifer groundwater will accrue to East Cherry Creek and those return flows will be sufficient to replace the actual depletions during pumping. B. Replacement of Post-Pumping Depletions: 1. For the period after pumping of the Dawson wells ceases, Applicant will demonstrate that any depletions which may occur to the respective stream systems are unmeasurable, non-injurious to other water rights, and need not be replaced. 2. To the extent that the court determines that such post-pumping depletions require augmentation, applicant will reserve an adequate amount of nontributary groundwater in the Denver aquifer, as described in paragraph 14.B. herein, to satisfy such post-pumping augmentation requirements. WHEREFORE, applicant requests that the court grant the application herein, including awarding the water rights claimed as final water rights and requests approval of the plan for augmentation described herein, including specifically determining that the return flows described herein from the initial use of groundwater withdrawn from the not nontributary Dawson aquifer adequately augment actual stream depletions during pumping, and that the vested or conditional decreed water rights of others will not be materially injured by the withdrawal of the Dawson aquifer groundwater described herein. (9 pages, no attachments). 2002CW15 DESIGN IDEAS, INC. AND JENNIFER BREIG & JOSEPH, BREIG, 6923 Granite Crag Circle, Evergreen, CO 80439. (Billie G. Burchfield, P.O. Box 475, Parachute, CO 81635). Application for Surface Water Right, IN JEFFERSON COUNTY. Claim No. 1- Underground Water Right 3. Name of Structure: Breig Well #1. 4. Legal Description of point of diversion: Said well is located in S28, T5S,R71W, 6th P.M., at a point 1150’ from the N section line and 1560’ from the E section line of said S28. 5. Source: The source of the water is from underground water sources tributary to the ***River. 6. Depth:



The depth of the well is ***. Date of Appropriation: *** How appropriation was initiated: Applying for a well permit, construction of the well and putting water to beneficial use. Date water applied to beneficial use: *** Well Permit No. 186765, issued 9/26/1997. 7. Amount claimed.-15 gallons per minute (0.033 c.f.s.), absolute. 8. Use: Fire protection, ordinary household purposes inside up to three (3) single-family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 9. Applicant requests that the underground water right be declared as an exempt domestic well pursuant to C.R.S. 37-92-602(3)(b)(II)(a) and be awarded its original priority date of ***, in accordance with C.R.S. 37-92-602(4). 10. Name and address of owner of land on which point of diversion and place of use are located: Applicant. ClAIM No. 2-UNDERGROUND WATER RIGHT. . Name of Structure: Design Ideas Well #1. 4. Legal Description of point of diversion: Said well is located in NE1/4NW1/4, S13, T5S,R71W, 6th P.M., at a point 1200’ from the N section line and 2000’ from the W section line of said S13. 5. Source: The source of the water is from underground water sources tributary to the ***River. 6. Depth: The depth of the well is ***. Date of Appropriation: *** How appropriation was initiated: Applying for a well permit, construction of the well and putting water to beneficial use. Date water applied to beneficial use: *** Well Permit No. 213152, issued 10/16/2000. 7. Amount claimed.-15 gallons per minute (0.033 c.f.s.), absolute. 8. Use: Fire protection, ordinary household purposes inside up to three (3) single-family dwellings, the irrigation of not more than one(1) acre of home gardens and lawns and the watering of domestic animals. 9. Applicant requests that the underground water right be declared as an exempt domestic well pursuant to C.R.S. 37-92-602(3)(b)(II)(a) and be awarded its original priority date of ***, in accordance with C.R.S. 37-92-602(4). 10. Name and address of owner of land on which point of diversion and place of use are located: Applicant. ClAIM No. 3-UNDERGROUND WATER RIGHT. . Name of Structure: Design Ideas Well #2. 4. Legal Description of point of diversion: Said well is located in SW/4NE1/4, 28 T5S,R71W, 6th P.M., at a point 1505’ from the N section line and 1548 from the E section line of said S28. 5. Source: The source of the water is from underground water sources tributary to the ***River. 6. Depth: The depth of the well is ***. Date of Appropriation: *** How appropriation was initiated: Applying for a well permit, construction of the well and putting water to beneficial use. Date water applied to beneficial use: *** Well Permit No. 217679, issued 15/21/2001. 7. Amount claimed.-15 gallons per minute (0.033 c.f.s.), absolute. 8. Use: Ordinary household purposes inside one (1) single-family dwelling. 9. Applicant requests that the underground water right be declared as an exempt domestic well pursuant to C.R.S. 37-92-602(3)(b)(II)(A) and be awarded its original priority date of ***, in accordance with C.R.S. 37-92-602(4). 10. Name and address of owner of land on which point of diversion and place of use are located: Applicant (5 pages)



2001-CW-255, Hall-Irwin Construction Company, 3026 4th Avenue, Greeley, Colorado, 80631 (970)356-9160 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, CO, 80631) Application for Change of Water Rights and Plan of Augmentation in Boulder and Weld Counties. 2. Decreed Name of Structures: Cole Seepage Ditch, Godding, Dailey & Plumb Ditch, Mayfield Ditch, McCormick Seepage Ditch, Rural Ditch, Panama Reservoir a/k/a Six Mile m 2 Reservoir. 3. The application is amended to state applicant owns 23 shares of the Godding Ditch Company, not the Godding Plumb and Dailey Ditch. All references in the Application to the Godding Plumb and Dailey are changed to the Godding Ditch Company (Highland South Side Ditch). The Godding Ditch owns the Highland South Side Ditch which was decreed on June 2, 1882 with an appropriation date of June 1, 1865 for 99.7 c.f.s. and an appropriation date of June 1, 1868 for 52.5 c.f.s. from Boulder Creek. The decreed use is for irrigation. The headgate location is in the NE¼ NW¼ SW ¼ Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 4. Name and Address of Owners of Structures: The Highland South Side Ditch is owned by the Godding Ditch Company, c/o Francis Gergorson, 5584 WCR 24, Longmont, Colorado 80504. 2000CW257 - CONCERNING THE APPLICATION FOR WATER RIGHTS OF ABBEY OF SAINT WALBURGA, AMENDED APPLICATION FOR APPROVAL OF WATER RIGHT AND FOR PLAN FOR AUGMENTATION, In LARIMER COUNTY. (Holly I. Holder, Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado (303) 534-3636). COMES NOW Applicant, by and through their undersigned attorneys, and hereby amend the application filed with this Court on December 29, 2000, as follows: 1. The original application requests a water right associated with Abbey Well No. 1, located in the NE1/4NE1/4 of Section 8, T11N, R71W of the 6th P.M., in an annual amount of 4.06 acre-feet per year (absolute). The source of water is Fish Creek, a tributary of Dale Creek, a tributary of the Cache La Poudre River. By this amended application, Applicant requests that this annual amount be increased to 5.8 acre-feet per year (absolute). As well Applicant requests that two new wells be designated as alternate points of diversion for this original well. The combined pumping from all three wells will not exceed 5.8 acre-feet per year and no well will withdraw water at a rate of flow greater than 35 gpm. The alternate points of diversion are described as follows and are shown on Attachment A: A. Alternate Well 1: Located in the SE1/4NW1/4 of Section 4, T11N, R71W of the 6th P.M., at a point approximately 2240 feet from the north section line and 2130 feet from the west section line of said Section 4. B. Alternate Well 2: Located in the SW1/4SW1/4 of Section 4, T11N, R71W of the 6th P.M., at a point approximately 650 feet from the south section line and 950 feet from the west section line of said Section 4. 2. Applicant requests an amendment of the plan for augmentation to allow withdrawal of up to 5.8 acre-feet per year through a combination of the three wells for commercial use within the Abbey of St. Walburga. It is estimated that approximately 90% of this water or 5.22 acre-feet per year will return to the



stream system via a non-evaporative septic system, resulting in a depletion of 0.58 acre-feet per year. Said amount of depletion will be replaced to the stream system through releases from the Abbey Pond as described in the original application. All other matters remain the same as shown in the December, 2000, resume for Water Division 1. WHEREFORE, Applicant prays that this court enter a decree for the relief requested in this amended application and for such further relief as the court deems proper in the premises. 01-CW-255, Hall-Irwin Construction Company, 3026 4th Avenue, Greeley, Colorado, 80631 (970)356-9160 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, CO, 80631) Application for Change of Water Rights and Plan of Augmentation in Boulder and Weld Counties. 2. Decreed Name of Structures: Cole Seepage Ditch, Godding, Dailey & Plumb Ditch, Mayfield Ditch, McCormick Seepage Ditch, Rural Ditch, Panama Reservoir a/k/a Six Mile m 2 Reservoir. 3. The application is amended to state applicant owns 23 shares of the Godding Ditch Company, not the Godding Plumb and Dailey Ditch. All references in the Application to the Godding Plumb and Dailey are changed to the Godding Ditch Company (Highland South Side Ditch). The Godding Ditch owns the Highland South Side Ditch which was decreed on June 2, 1882 with an appropriation date of June 1, 1865 for 99.7 c.f.s. and an appropriation date of June 1, 1868 for 52.5 c.f.s. from Boulder Creek. The decreed use is for irrigation. The headgate location is in the NE¼ NW¼ SW ¼ Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 4. Name and Address of Owners of Structures: The Highland South Side Ditch is owned by the Godding Ditch Company, c/o Francis Gergorson, 5584 WCR 24, Longmont, Colorado 80504. 2001-CW-268 KPLATTEVILLE, L.L.C., P.O. Box 190, Platteville, CO 80651. ( Robert E. Schween, P.O. Box 262104, Littleton, Colorado 80163-2104. Telephone:303-471-5150. Facsimile: 303-470-3103. FIRST AMENDMENT TO APPLICATION FOR NOT-NONTRIBUTARY GROUND WATER IN THE LARAMIE-FOX HILLS AQUIFER IN WELD COUNTY. 1. Name, Address, and Telephone Number of Applicant: Kplatteville, L.L.C., a Colorado Limited Liability Company, P.O. Box 190, Platteville, Colorado 80651. 303-654-1429. 2. Nature of Amendment: Applicant amends its application in this matter to correct the number of acres of the overlying land area it owns and to submit a corrected Exhibit A, General Location Map. 3. Description of Overlying Land Area: Applicant’s property consists of 120 acres, more or less, in the NW ¼ of the NE ¼, and the N ½ of the NW ¼, Section 36, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado. See revised Exhibit A, General Location Map. Exhibit B, Property Legal Description, was correct in the original application and is not amended hereby. 4. Estimated Amount of Withdrawal: The estimated average annual amount of withdrawal available from the named aquifer, as indicated below, is amended to correspond to the corrected overlying acreage, as follows: Sat. Sand Specific Average Annual



Aquifer Acres Thickness Yield Amount Laramie-Fox Hills 120 145 Feet 15 % 26.1 AF 5. No other changes or additions to the application have been made. (2 pages) 2001CW302 CITY OF AURORA . This application is being republished as the county was incorrect, all other matter remain as published in the December, 2001 resume. Application for Determination of Underground Water Rights from Nontributary and Not Nontributary Sources, IN ADAMS COUNTY, (John Dingess, Lynn B. Obernyer, Stephanie J. Neitzel, T. Daniel Platt, 7800 E. Union Ave., Suite 550, Denver, CO 80237-2753). 1. Name, Address, and Telephone Number of Applicant:

City of Aurora, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030

2. Introduction:

Through this Application and others filed contemporaneously herewith, Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicant that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6). 3. Names and Legal Descriptions of Wells:

A. Existing Wells Excluded: The Applicant seeks herein determination of its right to perfect its ownership, appropriate

and withdraw all heretofore unappropriated nontributary and not nontributary ground water which is legally available from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying that portion of the City of Aurora described in Paragraphs 3.C. and 8 herein. Therefore, any and all existing wells owned and/or operated by the Applicant that withdraw nontributary or not nontributary groundwater from said aquifers, whether or not permitted or decreed, are specifically excluded from determination under this Application.

B. Permits for Future Wells:

None of the wells that are the subject of this Application currently exist, and the Applicant

has not applied for permits to drill any of the wells. Consequently, none of the wells have well permits, registrations, or denial numbers. Prior to constructing any well described herein, Applicant will apply to the Division of Water Resources (the “State Engineer”) for a permit to construct such well. The Applicant requests that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicant requests a determination



that a failure to construct any of its wells within the period of time specified in the well permit not be deemed to extinguish the underlying water rights. The Applicant also requests a determination that at such time as it is prepared to drill its wells, the State Engineer shall issue new well permits to replace any well permits that have expired and that said well permits be issued in accordance with the terms of the decree herein.

C. Location of Future Wells: Applicant seeks the right to locate the future wells at any suitable location within those parts

of Adams County annexed to the City of Aurora after January 1, 1985 (the “Subject Portion of the City of Aurora”) as more fully described in Exhibit A, attached hereto and incorporated herein by this reference, so long as the wells are at least 600 feet away from any other existing well in the same aquifer owned by another person or entity; however, the future wells may be located closer than 600 feet from any other existing wells in the same aquifer owned by another person or entity if, pursuant to C.R.S. § 37-90-137(2)(b)(I), the State Engineer, after hearing, finds circumstances warrant issuance of a permit and issues a permit for the wells. Applicant waives the 600-foot spacing requirement of C.R.S. § 37-90-137(2) within the Subject Portion of the City of Aurora. The Subject Portion of the City of Aurora consists of approximately 22,108.36 acres located in all or portions of Sections 2, 3, 10, 11, 12, 13, 22, 24 and 36, T3N, R66W, 6th P.M., Sections 1, 2, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T3N, R65W, 6th P.M., and Sections 8, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, T3S, R64W, 6th P.M. in Adams County, Colorado. A map showing the current corporate limits of the City of Aurora and highlighting those parts of Adams County annexed to the City of Aurora after January 1, 1985 is attached hereto as Exhibit B.

4. Source of Water Rights and Estimated Aquifer Depths:

A. Source: 1. Nontributary Ground Water: Applicant seeks a determination of its right to perfect its ownership, appropriate and

withdraw all of the legally available nontributary ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 21,639.51 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, (2) underlying 21,686.59 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, and underlying 22,108.36 acres within the Subject Portion of the City of Aurora contained in the Laramie-Fox Hills Aquifer, as illustrated Exhibit C, attached hereto, and that such water is “nontributary ground water” as defined in C. R. S. § 37-90-103(10.5).

2. Not Nontributary Ground Water:

Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available not nontributary ground water in the Denver, Upper Arapahoe and Lower Arapahoe Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 21,969.40 acres within the Subject Portion of the City of Aurora contained in the Denver Aquifer, (2) underlying 354.17 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, and (3) underlying 421.83 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, as



illustrated in Exhibit C, and that such water is “not nontributary ground water” as defined in C. R. S. § 37-90-103(10.7). Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others.

B. Estimated Maximum Depth:

Denver Aquifer: 896.88 feet Upper Arapahoe Aquifer: 1,120.42 feet

Lower Arapahoe Aquifer: 1,489.63 feet

Laramie-Fox Hills Aquifer: 2,056.17 feet.

The above estimated maximum depths are approximate and may vary according to the

actual aquifer picks, topographical locations of wells, and saturated thickness of the aquifer. These parameters, as well as specific yield, will be determined in accordance with site-specific geophysical evidence.

5. Average Annual Amount Claimed from the Aquifers:

A. The Applicant claims herein the right to perfect its ownership, appropriate and withdraw all of the nontributary and not nontributary ground water which is legally available from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora over the 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. For purposes of the decree herein, Applicant will utilize a nominal production rate of 500 gallons per minute per well. Applicant requests the right to pump its wells at rates in excess of the nominal production rate to the extent necessary to withdraw the total number of acre feet which Applicant is entitled to withdraw from the aquifers each year.

B. To estimate the amount of ground water available for withdrawal from these aquifers, Applicant has utilized its own hydrologic data as well as hydrologic data available from the State Engineer, including the Denver Basin Rules, 2 CCR 402-6. By use of this data, Applicant estimates that it can economically recover and is entitled to withdraw the following quantities from each aquifer on an annual basis:

Aquifer Specific

Yield /1

Nontributary

Not

Nontributary

Not

Nontributary Total



(acre feet) (acre feet) /2 (acre feet) /3

Denver 17.0% 1,564.57 3,769.13 5,333.70

Upper Arapahoe

17.0% 3,693.74 110.57 3,804.31

Lower Arapahoe

17.0% 2,377.92 69.14 2,447.06

Laramie-Fox Hills

15.0% 2,263.81 2,263.81

Total 8,335.47 1,744.28 3,769.13 13,848.88

1. Specific yield values derived from the Denver Basin Rules, 2 CCR 402-6, Rule 6.

2. More than one mile from any point of contact with any natural stream including its alluvium.

3. One mile or less from any point of contact with any natural stream including its alluvium.

6. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use:

Applicant contends that the prior-appropriation doctrine does not apply to ground water rights to be determined herein. Applicant requests the Court to determine that to the extent that the ground water involved herein has not been diverted and applied to beneficial use, that Applicant’s rights thereto are vested property rights and not conditional water rights subject to the requirements of findings of reasonable diligence. If it is determined that some or all of the ground water subject hereto is subject to the appropriation doctrine and/or must be decreed as conditional water rights, for the ground water underlying the Subject Portion of the City of Aurora, Applicant claims an appropriation date of December 17, 2001, the date the City Council of the City of Aurora, inter alia, formed intent, by Resolution R 2001-83 , approving and authorizing the filing of this Application.

7. Proposed Use of Water:

Applicant intends to use all ground water withdrawn from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers that is the



subject of this Application in a unified water supply system to be used, reused, successively used, and after use leased, sold or otherwise disposed of to extinction for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves and any other beneficial purpose either inside or outside the current or future corporate limits of the City of Aurora. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including, without limitation, taking credit for return flows resulting from the use of said water as a source of augmentation water.

8. Description of Overlying Lands:

See Paragraph 3.C., herein, and Exhibit A, attached hereto. The owners of lands within the Subject Portion of the City of Aurora specifically consented to withdrawal of ground water underlying their land by the Applicant pursuant to various Annexation Agreements with the Applicant adopted by Ordinances of the City Council of the City of Aurora. All Annexation Agreements and Ordinances adopting said Annexation Agreements are available for inspection by appointment at the following locations:

Duncan, Ostrander & Dingess, P.C. John M. Dingess, Special Counsel for the City of Aurora 7800 East Union Avenue, Suite 550 Denver, Colorado 80237 Telephone: 303.779.0200 City of Aurora Municipal Records Lisa Horton, Clerk 1450 South Havana Street Aurora, Colorado 80012 Telephone: 303.739.7074

The Annexation Agreements are also available for public inspection at: Adams County Clerk and Recorder 450 South 4th Avenue Brighton, Colorado 80601

9. Remarks:



A. Prior to entry of the decree herein, Applicant will supplement this Application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this Application, a determination as to the facts of this Application.

B. The annual withdrawal of the amount of ground water applied for herein, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right.

C. The wells completed into nontributary portions of the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers will not, within 100 years, deplete the flow of a natural stream, including a natural stream as defined in C.R.S. § 37-82-101(2) and 37-92-101(2), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal

D. Applicant shall relinquish the right to consume up to two percent of all nontributary ground water withdrawn from any future wells adjudicated under this Application, as required by C.R.S. § 37-90-137(9)(b) and the Denver Basin Rules, 2CCR 406-2, Rule 8. Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others. For not nontributary ground water withdrawn from the Denver, Upper Arapahoe and Lower Arapahoe Aquifers more than one mile from any point of contact with any natural stream, including its alluvium, as shown on the table in Paragraph 5.B., above, said plan for augmentation shall require replacement of ground water equal to four percent (4%) of the amount of water withdrawn on an annual basis.

E. Each of the future nontributary wells is sought as a point of diversion for all of the nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer. Each of the future not nontributary wells is sought as a point of diversion for all of the not nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer.

F. Applicant may need to construct additional wells, including supplemental, replacement or alternate point of diversion wells, to recover the maximum amount of water available to it from each aquifer. Applicant requests the right to construct such additional wells as necessary in order to maintain production of the amounts of water to which it is entitled.



G. Applicant requests that all of the wells constructed in one aquifer, plus any additional wells constructed in that same aquifer, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14. The pumping rates for each well shall be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the maximum acre-foot entitlement from each aquifer.

H. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of ground water in excess of the amount decreed for average annual withdrawal from that aquifer, so long as the sum of the total volume of water withdrawn from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of a decree herein, whichever occurs first, times the average annual amount of withdrawal which Applicant is entitled to withdraw from that aquifer.

I. Applicant requests this Court to order that the standards of C.R.S. § 37-90-137(4) be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the standards of C.R.S. § 37-90-137(10).

J. Applicant requests this Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefore not be deemed to extinguish the underlying right to ground water. Applicant further requests the Court to order that, at such times as Applicant is prepared to drill its wells, the State Engineer shall issue permits for the wells in accordance with the terms of the decree herein and to issue new well permits for any wells which have expired.

K. Applicant requests that the Court retain jurisdiction only for adjustment of the amounts of ground water which are available for withdrawal by Applicant from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora based on actual local aquifer characteristics, and to authorize Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, without the necessity of amending this Application or republishing the same.

WHEREFORE, Applicant, City of Aurora, acting by and through its Utility Enterprise, prays that this Court enter a decree:

1. Granting the Application herein and awarding the water rights claimed herein as final, absolute and perfected water rights, except as to those issues for which jurisdiction of the Court has been specifically retained.

2. Specifically determining:



A. That this Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).

B. That Applicant has complied with C.R.S. § 37-90-137(4) and the water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified in Paragraph 5 herein to provide for adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled within the Subject Portion of the City of Aurora, pursuant to C.R.S. § 37-92-305(11).

C. That the sources of supply for the water rights claimed herein are the ground waters in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers.

D. That vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein.

3. Retaining jurisdiction only for the purpose of finally determining the quantity of ground water to which the Applicant is legally entitled from each aquifer and providing that Applicant may at any time invoke the Court’s retained jurisdiction to obtain a final determination of the water rights granted by a factual showing of the quantity of the entitlement.

4. Finding that:

A. The nature and extent of the water rights applied for herein are governed by C.R.S. §§ 37-90-137(4) and (9)(c), and that the decreed withdrawals are based on an aquifer life of 100 years and based upon the quantity of water, exclusive of artificial recharge, underlying the Subject Portion of the City of Aurora.

B. Applicant may construct additional wells as required to recover the entire allowed annual appropriation under the provisions of C.R.S. § 37-90-137(10).

C. Any wells constructed into the same aquifer, along with any additional wells into such aquifer within the Subject Portion of the City of Aurora as described in Paragraphs 3.C and 8, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14, and as such, Applicant may withdraw the maximum annual amount of water decreed and confirmed under this Application through any one or any combination of wells in the same aquifer, and that the pumping rate for each well constructed in the same aquifer may exceed its nominal pumping rate in order to allow the withdrawal of the full cumulative amount from each aquifer.



D. For each aquifer, Applicant may withdraw water through wells in the same aquifer plus any additional wells in the same aquifer, an amount of ground water in excess of the total allowed average annual amount of withdrawal as long as the total volume of water withdrawn through the wells in each aquifer does not exceed the product of the number of years since the date of issuance of the well permit or permits or entry of a decree herein, whichever occurs first, times the total allowed average annual amount of withdrawal for each aquifer.

E. Declaring that, in accordance with C.R. S. § 37-90-137(9)(c), no findings of reasonable diligence are required to maintain the quantification of water applied for herein and that Applicant may proceed to develop and use the quantification of water applied for herein at such times as the Applicant deems appropriate for the nontributary ground waters, and at such time as the Applicant obtains a court approved plan for augmentation for the not nontributary ground waters.

FURTHER, the Applicant prays that this Court grant such other relief as it deems appropriate. (10 Pages; Exhibits 5 pages)

EXHIBIT A

Those Parts of Adams County, Colorado Annexed to the City of Aurora After January 1, 1985

TN3S, R66W SW ¼, sec. 2 SE ¼, sec. 3 S ½, NE ¼, sec. 3 SE ¼, sec. 10 Sec. 11 SW ¼, sec. 12 S ½, NW ¼, sec. 12 NW ¼, NW ¼, sec. 12 E ½, NE ¼, NW ¼, sec. 12 S ½, SW ¼, NE ¼, NW ¼, sec. 12 W ½, sec. 13 SE ¼, SE ¼, sec. 13



NE ¼, SE ¼, sec. 13 NW ¼, SE ¼, sec. 13 S ½, sec. 24 NW ¼, sec. 24 E ½, NE ¼, sec. 24 N ½, NW ¼, NE ¼, sec. 24 Portions of S ½, SW ¼, sec. 22 that lies within Adams County Portions of sec. 36 that lie N of the Union Pacific RR or N of Int. HWY 70 TN3S, R65W All of section 1 excluding W ½, NW ¼, NW ¼, and N ½, NW ¼, SW ¼, NW ¼ S ½, sec. 2 S ½, SW ¼, NE ¼, sec. 2 S ½, SE ¼, NE ¼, sec. 2 S ½, N ½, SW ¼ NE ¼, sec. 2 S ½, N ½, SE ¼, NE ¼, sec. 2 S ½, SE ¼, NW ¼, sec. 2 S ½, SW ¼, NW ¼, sec. 2 S ½ N ½, SE ¼, NW ¼, sec. 2 S ½, N ½, SW ¼, NW ¼, sec. 2 SE ¼, sec. 8 W ½, W ½, NW ¼, SW ¼, sec. 9 W ½, W ½, SW ¼, SW ¼, sec. 9 Secs. 11, 13, 15, 16, 17 N ½ , sec. 18 SW ¼, sec. 18 N ½, NE ¼, sec. 14 N ½, NW ¼, sec. 14 SW ¼, NW ¼, sec. 14 W ½, SW ¼, sec. 14 All of section 19 excluding NE ¼, SW ¼



Secs. 20, 21, 22, 23 All of section 24 excluding W ½, SW ¼ S ½, S ½, SW ¼, NW ¼ Secs. 25, 26, 27, 28, 29 N ½, NE ¼, sec. 30 N ½, NW ¼, sec. 30 Portion of sec. 31 that lies N of Int. Hwy 70 and S of the Union Pacific RR excluding E ½, SE ¼, and E ½, E ½, NW ¼, SE ¼, and E ½, E ½, SW ¼, SE ¼ Portion of sec. 31 that lies N of Union Pacific RR excluding NW ¼, NW ¼, NW ¼W ½, NE ¼, sec. 32 NE ¼, NE ¼, sec. 32 N ½, SE ¼, NE ¼, sec. 32 N ½, N ½, NW ¼, SE ¼, sec. 32 Portion of SE ¼, SE ¼, sec. 32 that lies N. of Int. Hwy 70 Portion of E ½, W ½, SE ¼, sec. 32 that lies N. of Int. Hwy 70 and S of Union Pacific RR Portion of S ½, NE ¼, SE ¼, sec. 32 that lies S. of Union Pacific RR All of sec. 33 that lies N of Int. Hwy 70, S and N of Union Pacific RR All of sec. 34 that lies N of Union Pacific RR excluding E ½, E ½, NE ¼ All of sec. 35 that lies N of Route 36, S and N of Union Pacific RR NW ¼, sec. 36 TN3S, R64W W ½, sec. 8 excluding S ½, SW ¼, SW ¼, SW ¼, and W ½, SE ¼, SW ¼, SW ¼ NE ¼, sec. 18 SE ¼, sec. 17 S ½, SW ¼, sec. 16 S ½, SE ¼, sec. 16



W ½, sec. 21

W ½, sec. 20 W ½, sec. 19 SW ¼, NE ¼, sec. 19 N ½, sec. 28 SW ¼, sec. 28 NW ¼, sec. 29 NW ¼, SW ¼, sec. 29 NE ¼, SW ¼, sec. 29 SW ¼, SW ¼, sec. 29 NE ¼, NE ¼, sec. 30 SW ¼, NE ¼, sec. 30 SE ¼, NE ¼, sec. 30 NE ¼, SE ¼, sec. 30 NW ¼, SE ¼, sec. 30 NW ¼, NW ¼, sec. 30 SW ¼, NW ¼, sec. 30 SE ¼, NW ¼, sec. 30 NE ¼, SW ¼, sec. 30 NW ¼, SW ¼, sec. 30 SE ¼, SW ¼, sec. 30 E ½, SE ¼, NW ¼, sec. 31

Portion of sec. 31 S of Route 36, N of Int. Hwy 70, and E of 70 loop. Portion of N ½, sec. 32 that is N and S of Route 36 Portion of sec. 33 that is N of Int. Hwy 70 and S of Route 36, and N of Route 36 EXCLUSIONS: Denver Aquifer: Radius of 1049 feet from well 44483 at SW OF THE SW OF T3S, R66W, SECTION 22 Radius of 1475 feet from well W-5895 at SE OF THE SE OF T3S, R66W, SECTION 3



Radius of 500 feet from well 16229-F at NE OF THE SW OF T3S, R64W, SECTION 31 Upper Arapahoe Aquifer: Radius of 424 feet from well 16229-F at NE OF THE SW OF T3S, R64W, SECTION 31 Radius of 1179 feet from well 44483 at SW OF THE SW OF T3S, R66W, SECTION 22 Radius of 1277 feet from well W-5895 at SE OF THE SE OF T3S, R66W, SECTION 3 YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of March, 2002 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO 80632.

RULINGS ENTERED BY REFEREE LIESMAN ON 01-03-2002 96CW1067 PETER & JEANNA

AMBROSE PARK PAGES 03

96CW1022 DORIS FREEMAN PARK PAGES 03 96CW976 THOMAS, RONALD

& TRACEY BENNER

PARK PAGES 03

96CW986 MADELINE SCULL PARK PAGES 03 96CW972 ANTHINY &

PAULA FRERICH PARK PAGES 03

96CW436 REVISED RULING

KEVIN WATTS PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 01-04-2002 96CW1025 LAVERNE SMITH PART PAGES 03 96CW1118 JOHNNIE &

ANGELA JOHNSON PARK PAGES 03

96CW1105 LISA GRAHAM NELAON

PARK PAGES 03

96CW1111 MICHAEL & LYNN SCHWAB

PARK PAGES 03

96CW1115 JACQUELINA PARK PAGES 03



WHITTEMORE RULINGS ENTERED BY REFEREE LIESMAN ON 01-07-2002 96CW1167 CONNIE CARLILE PARK PAGES 03 96CW1150 LARRY & KARLA

LANGTON PARK PAGES 03

96CW1152 JOHN BLACK DECEDENTS TRUST

PARK PAGES 03

96CW1153 GERALD & IRIS PUTSCHE

PARK PAGES 03

96CW1156 JAMES ii & CAROL DONAHUE

PARK PAGES 03

96CW1164 WAYNE & TWYLLA PARAMETER

PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 01-08-2002 96CW1127 JAMES COOMES PARK PAGES 03 96CW1148 LINDA & LARRY

MITCHELL PARK PAGES 03

96CW1120 MARK & SABRINA ANDERSON

PARK PAGES 03

96CW1141 DONALD & BARBARA REICHEL

PARK PAGES 03

96CW1138 GAIL & SHARON PERRY

PARK PAGES 03

96CW1126 HERMAN & VIRGINIA CHAPMAN

PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 01-15-2002 96CW1068 KEVIN & THERESA

KIHN PARK PAGES 03

96CW1069 KEVIN & LEAH ROSS

PARK PAGES 03

96CW1097 BRUCE & MARIA YATES

PARK PAGES 03

96CW1129 LISA MORRIS PARK PAGES 03 96CW1147 BRIGHT &

MICHAEL BRISTOL PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 01-16-2002 96CW590 GARY JACOBSON LARIMER PAGES 03 97CW003 CHARLES DUPONT PARK PAGES 03 97CW010 MARK BURNS PARK PAGES 03 97CW012 JAMES & JOYCE PARK PAGES 03



STOCKDILL 97CW020 JERRY &

CAROLYN JULIAN PARK PAGES 03

97CW021 JERRY & CAROLYN JULIAN

PARK PAGES 03

RULINGS ENTERED BY REFEREE LIESMAN ON 01-18-2002 97CW022 JOHN & BARBARA

JOHNSON PARK PAGES 03

97CW023 N PURKEY PARK PAGES 03 97CW024 CARROLL TAYLOR PARK PAGES 03 97CW025 ANTHONY PEREA

& ANTONIO MAES PARK PAGES 03

97CW027 WILLIAM & BARBARA PONTARELLI

PARK PAGES 03

RULING ENTERED BY REFEREE LIESMAN ON 01-18-2002 99CW095 SAMUEL & CYNTHIA CLARK

WELD PAGES 06

RULINGS ENTERED BY REFEREE LIESMAN ON 01-23-2002 98CW268 MARGUERITE

MUEGGE HAND ET AL

ADAMS PAGES 09

99CW204 HARPER ALLEN

KEYS ET AL DOUGLAS PAGES 09

99CW229 PHILIP & ELAINE MUELLER

DOUGLAS PAGES 07

RULINGS ENTERED BY REFEREE LIESMAN ON 01-25-2002 97CW033 PATRICIA

PRIESMEYER PARK PAGES 03

97CW038 LLOYD & GLENACE HUMPHREY

PARK PAGES 03

97CW039 LLOYD & GLENACE HUMPHREY

PARK PAGES 03

97CW041 F. MICHAEL STREMEL

PARK PAGES 03

97CW059 JAMES & LORNA HAMIL

PARK PAGES 03



RULINGS ENTERED BY REFEREE LIESMAN ON 01-29-2002 00CW086 WALTER GATES LARIMER PAGES 03 00CW113 TOWN OF

WINDSOR WELD PAGES 06

00CW152 KEITH & SHIRLEY RITTERHOUSE

DOUGLAS PAGES 02

00CW158 MARVIN & RAMONAMUELLER

DOUGLAS PAGES 02

00CW252 P.D.C. RANCH ELBERT PAGES 18 RULINGS ENTERED BY REFEREE LIESMAN ON 01-30-2002 01CW007 REVISED RULING

RODNEY VAUGHN LARIMER PAGES 02

01CW036 CRYSTAL LAKES WATER & SEWER ASSOC.

LARIMER PAGES 04

01CW037 CHARLES MCKAY & CHURCH RANCH LAND CO

JEFFERSON PAGES 04

01CW045 REVISED RULING

ARCHIE SINGLETON & JEANETTE BICKEL

ARAPAHOE PAGES 03

01CW057 CORP OF PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS

LARIMER PAGES 03

RULINGS ENTERED ON 01-30-2002 BY REFEREE LIESMAN 96CW312 DAVID & HEDY

WITTE PARK PAGES 03

96CW1018 GALEN & PAMELA HURLEY

PARK PAGES 03

96CW1024 RANDY & CORINA ASCHENBRENNER

PARK PAGES 03

96CW1031 JAMES & ELIZABETH WAHLBERG

PARK PAGES 03

96CW1071 ROBERT PARK PAGES 03



SHELDON 96CW1158 H.G. & R.K.

GARNETT PARK PAGES 03

01CW093 RANCH OF THE ROCKIES ASSOC

PARK PAGES 04

01CW096 RONALD & MARGARET VAN PELT

ADAMS PAGES 09

01CW139 PLATTE RIVER PERFORMANCE CENTER

ELBERT PAGES 13

DECREE ENTERED BY JUDGE HAYS ON 01-03-2002 99CW165 CENTERRE DEV. DOUGLAS PAGES 07



THE TWO FOLLOWING CASES 2001CW246 and 2001CW247 WERE INADVERTANTLY LEFT OUT OF THE DECEMBER, 2001 RESUME: HOWEVER, THEY WERE PUBLISHED TIMELY IN THE NEWSPAPER. 2001CW246 PHILIP D. AND MARILYN SCHLAGEL, 2526 East 18th Street, Greeley, CO 80631-6315. (Bradley D. Laue, BREGA & WINTERS, P.C., 1100 Tenth Street, Suite 402, P.O. Box 730, Greeley, CO 80632-0703). Application for a New Well Including A plan for Augmentation , IN WELD COUNTY. 2. Water Rights to be Changed: a. Structures: New well is located in the SE1/4SE1/4, S10, T5N, R65W, 6th P.M. b. Original Decree: None. c. Locations: The Special Warranty Deed with the legal description of the property where the well will be located is attached hereto as Exhibit “A” and incorporated herein by reference. d. Amounts: Philip D. and Marilyn Schlagel own the property described in subparagraph c. in fee simple, including the water appurtenant to the property described in Schedule A to Exhibit ”A”. e. Source: Ground water. F. Decreed Uses: None. g. Appropriation Date: None. 3. Proposed Change: This Application is for a new well on the property described in subparagraph 2. c. above. The well would be used to irrigate two acres of home gardens and lawns and provide for non-commercial domestic animal watering. There is a well that already exists on the property which was moved from another location. The use of that well was approved by the Water Court in Case No. 94CW111 on or about July 20, 1999, upon the recommendation of the Water Referee dated July 8, 1999. Copies of the Water Court’s decision are attached as Exhibit “B”. The new well would supplement the water provided by the existing well on the property. The existing well does not provide enough water for irrigation of the property and provision of water for non-commercial domestic animals. 4. Description of Plan for Augmentation: a. Water Rights to be augmented: Applicants are unsure if the new well will cause a reason for augmentation. Applicants will agree to give to G.A.S.P. one-half share of the Greeley Irrigation Company that they own. A copy of the certificate for the one-half share in the name of Philip D. Schlagel and Marilyn B. Schlagel is attached hereto as Exhibit “C”. Philip Schlagel has spoken with a representative of G.A.S.P., and that representative has indicated that this share could be used for whatever augmentation is necessary. b. Water Rights to be used for augmentation: See paragraph 4.a. above. c. Method of Operation: One-half share of the Greeley Irrigation Company will be given to G.A.S.P., if necessary, to be used for augmentation. 5. Remarks: A Well Permit Application was made to the Colorado Division of Water Resources (the “Division”) on or about March 16, 2001. The division has denied the Application for the new well permit based on the Division’s belief that there already existed two wells on the property. Attached hereto as Exhibit ”D” is a copy of the letter from the Division and a copy of well application. The Division believed that the application duplicated



what had already been permitted. The decreed well referred to by the Division for irrigation of 126 acres, as noted in the letter, is appurtenant to a farm owned by Philip Schlagel. It is not on the property described in paragraph 2. a. above as the Division, apparently, believed. The Applicants believe that the Division believed that the well irrigating the 126 acres was already on the same property as the Schlagel #2 Well, which was approved as noted above in paragraph 3. Therefore, there only exists one well on the property with the legal description described in paragraph 2.c. above. The Division was mistaken in its belief that two irrigation wells already existed on the property described in paragraph 2. C. above. The Division was also mistaken in its belief that the new well would duplicate what has already been permitted. 6. Prayer for Relief: a. Applicants respectfully request the court to grant a decree authorizing the second well on the property described in paragraph 2.c. in conformance with this Application. B. Applicants respectfully request approval of the plan for augmentation described herein. C. Applicants respectfully request the Court to grant such additional relief that it deems necessary and appropriate. (4 pages; Exhibits 8 pages) 2001CW247 DAVID S. AND LISBETH P. TALLENT, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND 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. 1. Name, address, and telephone number of Applicants: David S. and Lisbeth P. Tallent,1928 Woodpecker Lane, Elizabeth, Colorado 80107 (303) 646-3235 (Holly I. Holder, Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3.Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 13.47 acres of land located in part of the E1/2SE1/4 of Section 26, T7S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 117587 which will be repermitted to operate pursuant to the augmentation plan requested below. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 157 feet 4.1 acre-feet Lower Dawson 66 feet 1.7 acre-feet Denver 193 feet 4.3 acre-feet Arapahoe 232 feet 5.1 acre-feet Laramie-Fox Hills 189 feet 3.7 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants' and represents a claim to all groundwater



underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above over a 300 year period. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water for inhouse, irrigation, and stockwatering use to serve two residential lots on the Subject Property through two individual wells, including the existing well, at rates of flow of 15 gpm. Applicants estimate that each well will be limited to an annual amount of 0.65 acre-feet per year for inhouse use (0.3 acre-feet), irrigation of 5000 square-feet of home lawn, garden, and trees (0.3 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to revise these values without amending this application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are



required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises.

January 2002, Resume-1 - CO Courts · January 2002 , Resume Jan Resume draft 1 3 #63488 is located...

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