CASE NO. 96CW226 - UNITED STATES OF AMERICA - U.S. DEPARTMENT OF THE INTERIOR, FISH AND WILDLIFE SERVICE, P.O.

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1 DISTRICT COURT, WATER DIVISION NO. 2, COLORADO RESUME OF CASES FILED DURING DECEMBER TO: ALL INTERESTED PARTIES Pursuant to C.R.S , you are hereby notified that the following is a resume of applications, and certain amendments, filed during December 1999, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: CASE NO. 96CW226 - UNITED STATES OF AMERICA - U.S. DEPARTMENT OF THE INTERIOR, FISH AND WILDLIFE SERVICE, P.O. Box 25486, Denver Federal Center, Denver, Colorado (James J. DuBois, Esq., Attorney for Applicant, U. S. Department of Justice, Environment and Natural Resources Division, General Litigation Section, th Street, Suite 945, Denver, Colorado 80202) Amended Application For Approval of a Plan for Augmentation Lake County 2. Decreed name of structure(s) to be augmented (indicate whether ditch, well, springs, reservoir, etc.): EVERGREEN LAKES DITCH AND PIPELINE; LEADVILLE NFH SPRING NO. 1 and LEADVILLE NFH SPRING NO. 2; SEDIMENTATION POND NO. 2. A. Decree Date Entered: (1) Evergreen Lakes Ditch and Pipeline; Leadville NFH Spring No. 1 and Leadville NFH Spring No. 2: 4/15/1987; Case No. 81CW11, Colorado Water Division No. 2. (2) Sedimentation Pond No. 2: Not yet decreed. B. Decreed Point(s) of diversion: (Exhibit #1 Map No. 6R-CO-5-WR-14.0 Attached to original application; Exhibit #1 is on file with the original Application and may be examined in the Office of the Clerk for Water Division No. 2) EVERGREEN LAKES DITCH AND PIPELINE: On north bank of Rock Creek whence W 1/4 corner of Section 31, T. 9S., R80W., 6 th P.M., bears N 56 degrees and 14 minutes E 4330 feet. LEADVILLE NFH SPRING NO. 1: North 74 degrees West a distance of 2,030 feet from the E 1/4 corner of Section 36, T9S., R81W., 6 th P.M. LEADVILLE NFH SPRING NO. 2: North 74 degrees West a distance of 2,680 feet from the E 1/4 corner of Section 36, T9S., R81W., 6 th P.M. C. Decreed Source(s): EVERGREEN LAKES DITCH AND PIPELINE: Rock Creek, a tributary of the Arkansas River. LEADVILLE NFH SPRINGS NOS. 1 AND 2: Springs, tributary to Lake Fork Creek, a tributary of the Arkansas River. D. Decreed Appropriation Date: Evergreen Lakes Ditch and Pipeline, Leadville NFH Spring No. 1 and Leadville NFH No. 2 - April 16, E. Decreed Amount(s): EVERGREEN LAKES DITCH AND PIPELINE: 12.5 cfs Absolute; LEADVILLE NFH SPRINGS NOS. 1 AND 2: cfs (80 gpm) combined flow of both springs. Reserved. 3. Previous Decree for Water Rights to be used for Augmentation: The Fryingpan-Arkansas Project Water. A. Case Nos. And Dates of Decrees: Water rights for the Fryingpan-Arkansas Project were adjudicated by the decrees in Civil Action No (District Court, Garfield County) dated June 20, 1958, and August 3, 1959, and were modified by the decree in Case No (District Court, Water Division No. 5) dated November 27, The Project Water has an 1

2 appropriation date of July 29, B. The Fryingpan-Arkansas Project diverts surface water from the headwaters of Hunter Creek and the Fryingpan River and its tributaries in Pitkin County. Water diverted under these decrees travels under the Continental Divide through Boustead Tunnel which empties into Turquoise Reservoir. This water may be stored in Turquoise Reservoir and elsewhere, and applied to beneficial use within the boundaries of Southeastern Colorado Water Conservancy District. Because the water is imported from another river basin, it is fully consumable in Water Division No. 2. C. Decreed Use: irrigation, manufacturing, domestic, municipal, power purposes, flood control, recreation, and wildlife conservation. 4. Historic Use of water right to be used for augmentation: Project Water is imported to the Arkansas River basin and may be fully consumed in the replacement of depletions as proposed in this plan for augmentation. 5. Statement of plan for augmentation: Lands comprising the Leadville National Fish Hatchery were reserved from the public domain for the primary purpose of operation of a fish hatchery under Executive Order of April 16, 1889, as amended by Executive Order dated January 31, Reserved and appropriative water rights were decreed to the United States for use by the hatchery in Case No. 81CW11, Water Division No. 2, with a priority date of April 16, Confirmation of an additional water right for Sedimentation Pond No. 2 is being sought with a junior 1999 priority by separate application. The Evergreen Lakes Ditch and Pipeline is used for fish culture. The fish production facilities of the Leadville National Fish Hatchery consist of the original hatchery building, concrete raceways and eight rearing ponds known as Evergreen Lakes Nos. 1 through 6 and Leadville NFH Hatchery Ponds Nos. 1 and 2. Leadville NFH Sedimentation Pond No. 2 is a necessary part of the system which traps sediment and fish food by-products prior to discharge of water to Lake Fork Creek. The rearing and sedimentation ponds are a flow through system which deplete the Arkansas River only to the extent of evaporation and refill after any periodic draining of the ponds. Certain of the ponds are periodically drained and filled as part of the hatchery operations. Water diverted from Rock Creek via the Evergreen Lakes Ditch and Pipeline is circulated through and among the Evergreen Lakes (rearing ponds) and to the hatchery building and raceways through a complex system of pipes. The pattern of circulation is highly variable according to the season and production requirements. The ponds are also drained periodically. Except during periods of peak runoff, the Evergreen Lakes Ditch and Pipeline diverts the entire flow of Rock Creek. Leadville NFH Springs Nos. 1 and 2 are used for fish culture, domestic and other operation and maintenance requirements directly related to the operation of the Leadville National Fish Hatchery, including fish culture, domestic use by Fish and Wildlife Service employees in residences and other buildings, and various other operation and maintenance requirements of the hatchery. All return flows from water used at the Leadville National Fish Hatchery are discharged into Lake Fork Creek. Net annual evaporation from the surface acres of rearing and sedimentation ponds is calculated to be inches per year. The average annual consumptive use from evaporation from all the ponds is acre feet. Total annual consumptive use from refilling of ponds is acre feet for a potential total annual depletion of acre feet. Based upon diversions of 1.57 acre-feet per year, domestic depletion associated with hatchery operations is acre-feet. The potential out-ofpriority depletions are set forth in Amended Exhibit No. 2 attached to the Amended Application. (Exhibit No. 2 is on file with the Amended Application and may be 2

3 examined in the Office of the Clerk for Water Division No. 2). Pursuant to a Cooperative Agreement dated November 13, 1981, between the Bureau of Reclamation and the Fish and Wildlife Service, the Bureau of Reclamation delivers up to 6.7 cfs of water to the hatchery from the Fryingpan-Arkansas Project, through a turnout and conduit from the Mt. Elbert Conduit to the Leadville National Fish Hatchery, to maximize the fishery benefits and for increased production of hatchery fish for stocking project waters. Fryingpan-Arkansas Project water is imported to the Arkansas River basin and may be fully consumed in the replacement of depletions as proposed in this plan of augmentation. Reclamation will provide transmountain water from Fryingpan-Arkansas Project water, Turquoise Reservoir, through the Mt. Elbert Conduit to augment the out-of-priority depletions at the Leadville National Fish Hatchery. The Bureau of Reclamation will perform the necessary water accounting measures to furnish the augmentation water for the out-of-priority depletions with data provided by the Leadville Fish Hatchery Manager and data available from the Colorado Division Engineer and the Bureau of Reclamation. 6. Name and address of owner of land on which structures are located: U. S. Department of the Interior, Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colorado WHEREFORE, Applicant requests the Court to enter a decree: 1. Finding that the proposed Amended Plan for Augmentation is one that is contemplated by law; 2. Finding that other vested water rights and conditional water rights on the Arkansas River will not be adversely affected by any out-of-priority diversions if the augmentation plan is operated under the terms and conditions of the decree entered herein; and 3. Approving and confirming the Amended Plan for Augmentation as described herein. (Amended Application, 10 pages CASE NO. 98CW170 KURT H. WESTMAN, W. Perimeter Road, Suite 100, Ft. Wayne, IN (Attorneys for Applicant: Brian M. Nazarenus and Matthew G. Paulson, FRIEDLOB SANDERSON RASKIN PAULSON & TOURTILLOTT, LLC, 1400 Glenarm Place, Suite 300, Denver, CO 80202) FIRST AMENDED APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS Fremont County 2. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS. Applicant seeks a conditional decree for storage rights in the following two, small, on-stream reservoirs: a. Trail Ridge Pond No Location of Dam: Dam 1 is located at a point where the west abutment of the centerline of the dam is a distance feet from the NE-SW 1/64 corner of Section 12, T48N, R9E on a bearing of N E. 2. Surface Area at High Water Line: 0.19 acres (A) Maximum height of dam: 14 feet; (B) Maximum length of dam: 114 feet. b. Trail Ridge Pond No Location of Dam: Dam 2 is located at a point where the north abutment at centerline is a distance feet from the C-S-NE 1/64 of Section 12, T48N, R9E on a bearing of S W. 2. Surface Area at High Water Line: 0.19 acres (A) Maximum height of dam: 13 feet; (B) Maximum length of dam: 142 feet. c. Information applicable to both reservoirs: 1. Source: Banita Creek, a tributary of Howard Creek, a tributary of the Arkansas River. 2. Date of Appropriation: September 15, How Appropriation Initiated: Applicant has performed field work and surveying in order to locate sites for both of the proposed reservoirs. Additional notice of the 3

4 appropriation was provided to the office of the State Engineer on September 15, Date Water Applied to Beneficial Use: Not applicable. 5. Amount Claimed: A total of 1.72 acre-feet, CONDITIONAL, to be stored in one or more, or in any combination of both reservoirs. 6. Rate of Diversion: Not applicable - both reservoirs will be on-stream reservoirs. 7. Use: Recreation, fish propagation and piscatorial purposes. 8. Total Capacity of Reservoirs: 1.72 acre-feet. (A) Active Capacity: 1.72 acre feet; (B) Dead Storage: 0 acre feet. d. Remarks: The applicant seeks a conditional decree for 1.72 acrefeet of storage rights. The total capacity of both reservoirs will not exceed 1.72 acre feet. e. Owner of Property on which Structures are Located: Kurt H. Westman. ACCORDINGLY, the Applicant requests that the Court grant this Application and decree the conditional storage rights as requested herein. (First Amended Application, 4 pages) -- CASE NO. 99CW150 - COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. CASE NO. 99CW151 - COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. CASE NO. 99CW152 - COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. CASE NO. 99CW153 - COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. CASE NO. 99CW154 EDNA KATHERINE JONES, 8120 Zorn Road, P. O. Box 264, Rye, CO Application for Underground Water Right Pueblo County 2. Name of well and permit, registration, or denial number: Well Permit No Legal description of well: SE SW Sec. 31, T. 24 S., R. 67 W. of the Sixth P.M., 1070 from the south section line and 2128 from the west section line. Street address is 8120 Zorn Road, Rye, CO A. Source: Groundwater; B. Depth: 150 feet. 5. A. Date of appropriation: May 20, 1979; B. How appropriation was initiated: Drilled well; C. Date water applied to beneficial use: May 20, Amount claimed: 15 gpm. 7. If well is non-tributary: A. Name of Aquifer: ; B. Amount claimed in acre feet annually:. 8. Proposed use: Inside uses in one home, livestock. A. If irrigation, complete the following: (1) Number of acres historically irrigated: One acre lawn and garden; (2) Total number of acres proposed to be irrigated: One acre lawn and garden; (3) The legal description of the land irrigated: One acre in the SE ¼ SW ¼ Sec. 31, T. 24 S., R. 67 W.; (4) Area of lawns and gardens irrigated: One acre. B. If non-irrigation, describe purpose fully: domestic and livestock. 9. Name and address of owner of land on which well is located: Edna Katherine Jones, 8120 Zorn Road, Rye, CO Remarks:. (Application and attachments, 3 pages) -- 4

5 -- CASE NO. 99CW155 GALEN M. DeGANI and BEVERLY J. DeGANI, County Road LL 56, Villa Grove, CO Application for Underground Water Right Custer County 2. Name of well and permit, registration or denial number: DeGani Well #1; Permit No (Late Registration). 3. Legal description of well: 6 feet from the East section line and feet from the South quarter section line in the SE ¼ NE ¼ Sec. 10, TP 21 S, R69 W of the 6th P.M. 4. A. Source: Sand Layer; B. Depth: 26 ft. 5. A. Date of appropriation: 1936; B. How appropriation was initiated: Pump to house and grounds; C. Date water applied to beneficial use: Amount claimed: 25 gpm Absolute. 7. If well is non-tributary: A. Name of Aquifer: Sand and boulders; B. Amount claimed in acre feet annually: Proposed use: Household and irrigation of.73 acres plus.082 acres. A. If irrigation, complete the following: (1) Number of acres historically irrigated:.73 and.082; (2) Total number of acres proposed to be irrigated:.73 and.082; (3) The legal description of the land irrigated: 2 adjoining tracts in SW ¼ NW ¼ R6W and a tract in SW ¼ NW ¼ R6W being.082 acres; (4) Area of lawns and gardens irrigated:.73 acres plus.082 acres. B. If nonirrigation, describe purpose fully: Normal in house use on described tracts (2 residences). 9. Name and address of owner of land on which well is located: Wetmore Community Church, 699 Co. Rd. 395, Wetmore, CO Remarks: This well has been owned by family members of the applicant for many years and is located on lands not now owned by the family, but ownership of the well has been retained by the applicant's family. The well has supplied the property across the street (described in the legal description of land irrigated and the residence mentioned in part B above) since the early 1950 s as both properties at that time belonged to Lela Walters, a relative of the applicant. (Application and attachments, 12 pages) -- CASE NO. 99CW156 GLYNN SHANNON, L.L.C., a Colorado Limited Liability Company, Attn: Ron and Shirley Strich, 3559 Crowfoot Valley Road, Castle Rock, CO (Please direct all correspondence or inquiries in this matter to: Robert E. Schween, P.C., Attorney for Applicant, P.O. Box , Highlands Ranch, Colorado ) Application for Surface Water Right Lake County 2. Name of Structure: Strich Spring No Description of Water Rights: A. Existing Decree(s): None. B. Location of Structure: Strich Spring No. 1 is located in the NW 1/4 of the SW 1/4, Section 1, Township 10 South, Range 81 West of the 6th P.M., at a point 2300 feet from the South section line and 1200 feet from the West section line of said section 1, in Lake County, Colorado. See Location Map, Exhibit A to the Application (Exhibit A is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). C. Source: Ground water tributary to Willow Creek, tributary to the Arkansas River. D. Appropriation Date: August 1, E. Amount: 50 gpm, CONDITIONAL. F. How Appropriation Initiated: By field examination of the spring coupled with Applicant's intent to put such water to beneficial use. Applicant subsequently surveyed the location to determine exact location and to prepare plans for later conveyance 5

6 of such water produced to a ditch for direct flow use, storage, and subsequent application to beneficial use. G. Uses: All domestic and household uses, irrigation of crops or ground cover, storage, and watering of stock and of non-commercial domestic animals. Land area irrigated: approximately 5 acres. H. Description of Place Where Water To Be Applied to Beneficial Use: Water will be used in the vicinity of the spring, in the SW 1/4, Section Name and Address of Land Owner on Spring and Places of Use are Located: Same as Applicant, above. WHEREFORE, Applicant requests this Court to enter a decree granting the application herein and finding specifically that: A. By Applicant's acts on the property, including the surveying an exact location of the of the formerly undecreed and unknown spring, appropriation of such water has been made by Applicant. Applicant shall put such water to all beneficial uses claimed in the near future. Applicant claims the following amount of water therefrom: 50 gpm, CONDITIONAL. B. Vested and decreed conditional water rights of others will not be materially affected or injured by entry of a decree as requested herein. FURTHER, Applicant requests this Court to grant such other relief that it deems proper. (Application and attachments, 4 pages) ---- CASE NO. 99CW157 GLYNN SHANNON, L.L.C., a Colorado limited liability company, Attn: Ron and Shirley Strich, 3559 Crowfoot Valley Road, Castle Rock, CO (Please direct inquiries and correspondence to Robert E. Schween, P.C., Attorney for Applicant, P. O. Box , Highlands Ranch, CO ) Application for Correction in Location of Decreed Points of Diversion of Water Rights Lake County, Colorado 2. Background: A. Applicant Glynn Shannon, L.L.C., is the owner of the Mt. Massive Ranch, consisting of 680 acres, more or less, located in Sections 1, 11, and 12, Township 10 South, Range 81 West of the 6th P.M., in Lake County, Colorado. Applicant is are also the owner of all the water rights and ditches that have historically served such property. B. Recently, Applicant discovered that with respect to most of such ditch rights, the actual headgates and points of diversion were not located at the exact location indicated in the original decree therefor. Applicant has not changed the use or the location of use of the water rights subject hereto, and Applicant files this action only to have the points of diversion of each of the water rights named below corrected to reflect its actual and historical location. 2. Names of Water Rights for Which Corrections Are Sought: A. Abbott Placer Ditch and 1st Enlargement; B. Willow Creek Ditch; C. Sites Ditch No. 1; D. Sites Ditch No. 2; E. Mitchell Ditch Nos. 1, 2, 3, and From Previous Decree: A. Original Adjudication of All Named Ditch Rights: Decree of June 19, 1890, District Court, Chaffee County, for District No. 11: Ditch Priority Date of Appropriation Abbott Placer st Enlargement Willow Creek Sites No Sites No Mitchell Nos. 1, 2, 3, B. Decreed Points of Diversion: The points of diversion for such right are the following structures, located in Sections 1, 2, and 12 (as indicated below), Township 10 South, 6

7 Range 81 West of the 6th P.M., Lake County, as measured from the NW Corner of said Section 12: (1) Abbott Placer feet South; and 2470 feet East (Sec. 13). (2) Willow Creek feet South; and 2650 feet East (Sec. 12). (3) Sites No feet North; and 2260 feet West (Sec. 2). (4) Sites No feet North; and 170 feet East (Sec. 1). (5) Mitchell Ditch-- No. 1: 4000 feet South; and 1750 feet East (Sec. 12). No feet South; and 1550 feet East (Sec. 12). No feet South; and 1750 feet East (Sec. 12). No feet South; and 1780 feet East (Sec. 12). See Location Map, Exhibit A to the Application; Exhibit A is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2. C. Source: (1) For the Abbott Placer Ditch, the Willow Creek Ditch, and the Mitchell Ditch Nos. 1, 2, 3, and 4: Willow Creek, tributary to the Arkansas River. (2) For the Sites Ditch Nos. 1 and 2: Little Willow Creek, tributary to Willow Creek, tributary to the Arkansas River. D. Appropriation Dates: As stated for each priority, above. E. Amounts: (1) Abbott Placer Ditch and 1st Enlargement--3.0 cfs; (2) Willow Creek Ditch--1.6 cfs; (3) Sites Ditch No cfs; (4) Sites Ditch No cfs. (5) Mitchell Ditch Nos. 1, 2, 3, and cfs. F. Use: Irrigation, as follows: (1) Abbott Placer Ditch and 1st Enlargement acres; (2) Willow Creek Ditch--80 acres; (3) Sites Ditch No acres; (4) Sites Ditch No acres; (5) Mitchell Ditch Nos. 1, 2, 3, and acres. G. Summary of Diversions: Each of the above named ditch rights have diverted their decreed allocations to irrigate lands on Applicant's property. Because this application is filed only for the purpose of correcting headgate locations, diversion records are not attached hereto (such records are voluminous). Copies of such records may be made available and/or supplied upon request. 4. Proposed Change in Water Right: Correction in Location of Point of Diversion. A. Applicant requests that the decreed points of diversion be corrected to reflect the actual historical points of diversion of each named water right and structure. Such actual locations shown below were determined by survey performed in November, Distances are as measured from the NW Corner of Section 12: (1) Abbott Placer feet South; and 2220 feet East (Sec. 12). (2) Willow Creek feet South; and 2350 feet East (Sec. 12). (3) Sites No feet South; and 1560 feet West (Sec. 11). (4) Sites No feet South; and 1510 feet West (Sec. 11). (5) Mitchell Ditch: Nos. 1 and feet South; and 1675 feet East (Sec. 12). Nos. 3 and feet South; and 1700 feet East (Sec. 12). See Location Map, Exhibit A, attached to the Application (Exhibit A is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). B. Limitations on irrigation uses of the water would remain the same as presently decreed, except that the exact location of use will be modified to reflect actual irrigation locations. 5. Proposed Conditions; Impact of Change: A. Diversions of water for irrigation purposes will be made when water is available and in priority. Amounts of use for such purpose will be limited to those rates of flow and annual amounts as stated above. B. The present return flow regimen will not be altered and each water right's duty to the stream will not be affected by these requested changes in points of diversion. C. Pursuant to (2)(a), C.R.S., a map showing the surveyed location of the headgate of each ditch rights which are the subject of this application is attached to the Application as Exhibit A. (Exhibit A is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). D. Applicant is not requesting an enlargement, expansion, or increase of the permitted quantity of water which may be applied to beneficial use. Nor is Applicant attempting to 7

8 change the character or purpose of use of the subject water rights. The change requested herein will not injuriously affect other owners or persons entitled to use water under vested or decreed conditional water rights. 6. Name and Address of Owner of Land Upon Which Water Rights Are Located: Same as Applicant. WHEREFORE, Applicant Glynn Shannon, L.L.C., requests this Court to enter a decree granting the application requested and awarding the correction of water rights as described hereinabove. FURTHER, Applicant prays the Court grant such other relief as it deems just and proper in this matter. (Application and attachments, 7 pages) CASE NO. 99CW158 McCLAVE WATER ASSOCIATION, P. O. Box 73, McClave, CO (John S. Lefferdink, Lefferdink Law Office, Attorney for Applicant, P. O. Box 110, Lamar, CO 81052) Application for Underground Water Rights and for Approval of Plan for Augmentation Bent County I. APPLICATION FOR UNDERGROUND WATER RIGHTS A. REYHER WELL. 2. Name of well and permit number: McClave-Reyher Pasture Well No. 1, No. MH A well permit was returned without approval by the State Engineer on November 30, Legal description of well: NE¼ SW¼ of Section 18, Township 22 South, Range 49 West of the 6th P.M., Bent County, Colorado, 1,607 feet from the south section line and 1,500 feet from the west section line. 4. A. Source: Cheyenne Aquifer; B. Depth: 520 feet. 5. A. Date of Appropriation: September 19, 1997; B. How Appropriation was initiated: Notice of intent to construct monitoring hole; C. Date of well completion: Well test pumped on October 1, Amount claimed: 120 gpm, 50 acre feet per year conditional. 7. Proposed use: Domestic, municipal, industrial, commercial, irrigation, stock watering, recreation and fire protection for applicant s community water supply system. 8. Name and address of owner of land on which well is located: Robert Reyher and Mary K. Reyher, 230 Highway 196, McClave, CO B. GILL FARMS WELL. 2. Name of well and permit number: McClave-Gill Farms Well No. 1, No. MH A well permit was returned without approval by the State Engineer on November 30, Legal description of well: NE¼ NW¼ of Section 24, Township 22 South, Range 50 West of the 6th P.M., Bent County, Colorado, 240 feet from the north section line and 3,134 feet from the east section line. 4. A. Source: Cheyenne Aquifer; 2. Depth: 522 feet. 5. A. Date of Appropriation: September 19, 1997; B. How Appropriation was initiated: Notice of intent to construct monitoring hole; C. Date of well completion: Well test pumped on October 8, Amount claimed: 150 gpm, 50 acre feet per year conditional. 7. Proposed use: Domestic, municipal, industrial, commercial, irrigation, stock watering, recreation and fire protection for applicant s community water supply system. 8. Name and address of owner of land on which well is located: Gill Farms Partnership, c/o Lynden Gill, County Road 24, McClave, CO II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 1. Name of Wells to be augmented: McClave-Reyher Pasture Well No. 1 and McClave-Gill Farms Well No Description of water right to be used for augmentation: Fryingpan Arkansas Project Water. 1. West Slope Decrees: The Fryingpan-Arkansas Project diverts surface water from the headwaters of Hunter Creek and the Fryingpan 8

9 River and their tributaries in Pitkin County. The principal water rights were adjudicated by the decrees in Civil Action No (District Court, Garfield County) dated June 20, 1958, and August 3, 1959; and were modified by the Decree in Case No. W (District Court, Water Division 5) dated November 27, 1979; and were supplemented by the Decree in Case No. 83CW352 (District Court, Water Division No. 5) dated May 31, These water rights have an appropriation date of July 29, Water diverted under these decrees travels under the Continental Divide through Boustead Tunnel, which empties into Turquoise Reservoir. This water may be stored in Turquoise Reservoir, Twin Lakes Reservoir and elsewhere, and applied to beneficial use within the boundaries of the Southeastern Water Conservancy District. Because the water is imported from another river basin, it is fully consumable in Water Division East Slope Decrees: The Fryingpan-Arkansas Project also diverts and stores surface water from the Arkansas River and its tributaries in Lake, Chaffee, Fremont and Pueblo Counties. The principal water rights were adjudicated by the decrees in Civil Action No (District Court, Chaffee County) dated July 9, 1969; and Civil Action No. B (District Court, Pueblo County) dated June 25, 1962; and were modified and supplemented by the Decree in Case No. 80CW6 (District Court, Water Division 2), dated October 23, These water rights include storage in Turquoise Reservoir, Twin Lakes Reservoir and elsewhere, with an appropriation date of February 10, 1939, and are expressly decreed for reuse and exchange, for beneficial use within the boundaries of the Southeaster Colorado Water Conservancy District. The Southeastern Colorado Water Conservancy District allocates project water annually based on its principles, policies, rules and regulations as they exist or may be amended. In addition, the Southeastern Colorado Water Conservancy District sells Project return flows on an annual basis when such supplies exist. 3. Statement of plan for augmentation: Applicant will replace net Arkansas River depletions caused by the use of said wells with the consumptive use attributable to allotments of Fryingpan Arkansas Project Water and Project Return Flows. Other sources will be used if and when Project Water is not available. Estimates of stream depletions are as set forth in a Request for Approval of a Substitute Water Supply Plan dated October 5, 1998 from Helton & Williamsen, P.C. to the Colorado State Engineer. Stream depletions at the end of 500 years of well pumping at the requested amounts are estimated to be 5.5 acre feet per year. Return flows from uses of said water estimated at eighty percent will reduce these replacement requirements. (Application, 4 pages) CASE NO. 99CW159 (W-90) JOHN T. OXLEY, et al., c/o Russell H. Harbaugh, Jr., Estate of John T. Oxley, Boulder Towers, 1437 South Boulder, #1475, Tulsa, OK (Robert V. Trout, Trout & Raley, P.C., Attorneys for Applicant, 1775 Sherman Street, Suite 1300, Denver, CO 80203) Application to Make Absolute a Conditional Water Right Las Animas County, Colorado 1. Name of Applicants: John C. Oxley, Thomas E. Oxley and Charles C. Killin, Co- Personal Representatives of the Estate of John T. Oxley, Deceased; Charles C. Killin as successor Trustee of the Mary Jane Tritsch Trust, created by Declaration of Trust dated September 3, 1952, as extended and amended; and Charles C. Killin as successor Trustee of the Thomas E. Oxley Trust., created by Declaration of Trust dated September 3, 1952, 9

10 as extended and amended. 2. Name of Structure: Black Hills Reservoir (the Reservoir ). 3. Description of conditional water right: A. Date of Original Decree: December 13, 1972, effective as of May 25, Case No. W-90. Court: Water Court, Water Division No. 2. B. Location: The initial point of survey of the zero point of the high water line of the reservoir is located at a point whence the NW corner of Section 25, Township 31 South, Range 63 West of the 6th P.M., bears North 70º 07 W 4725 feet, and is situated in Las Animas County, State of Colorado. C. Sources of Water: The sources of water for the Reservoir are the Purgatoire River and flood waters from Leitensdorfer, Chicosa and Black Hills Arroyos. D. Appropriation date: The priority date of this water right shall be the date upon which storage of Model Reservoir Right, Priority No. 168, in the amount of 20,000 acre feet, began in Trinidad Reservoir, pursuant to a statutory decree for change of place of storage, dated April 15, 1965, in Civil Action No , in the District Court in and for Las Animas County, State of Colorado, or September 1, Amount: 24,123 acre-feet, conditional. E. Uses: The proposed uses are domestic, agricultural, industrial, recreational, and other beneficial purposes. 4. Water applied to beneficial use: A. Date, Amount and Use: Between April 19, 1998 and April 28, 1998, a total of 1, acre feet of water was diverted from the Purgatoire River to the Black Hills Reservoir under this water right. The water was subsequently applied to beneficial use for irrigation during the 1998 irrigation season. B. Description of place where water was applied to beneficial use: This water was used to irrigate a portion of approximately 6,000 acres of irrigated land owned by Applicants located in Townships 30 and 31 South, Ranges 61 and 62 West, in Las Animas County. (Application, 3 pages) CASE NO. 99CW160 SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, P. O. Box 440, Pueblo, CO (Stephen H. Leonhardt and David M. Gillilan, Fairfield and Woods, P.C., Attorneys for Applicant, 1700 Lincoln Street, Suite 2400, Denver, CO ) Application for Conditional Appropriative Right of Exchange Fremont and Custer Counties 2. Name of exchange structures: a. Storage/Diversion Structures: (1) DeWeese Reservoir; (2) DeWeese-Dye Main Ditch; b. Release Structures: (1) Twin Lakes Reservoir; (2) Turquoise Reservoir. 3. Legal description of exchange structures: a. Structures to divert or store water by exchange: (1) DeWeese Reservoir: The DeWeese Dam and Reservoir is located in Custer County, Colorado; the southeasterly corner of said dam is North 41 degrees and 37 minutes East, and is distant feet, from the Northeast corner of Section 20 in Township 21 South, Range 72 West, Sixth Principal Meridian. (2) DeWeese-Dye Main Ditch: The headgate of the DeWeese-Dye Main Ditch is located on the east bank of Grape Creek in Fremont County, Colorado at a point whence the North quarter corner of Section 6 in Township 19 South of Range 70 West of the Sixth Principal Meridian bears North 30 degrees and 58 minutes East and is distant 4790 feet. (3) DeWeese Reservoir and the DeWeese-Dye Main Ditch are owned by the DeWeese-Dye Ditch Company ( DeWeese-Dye ). Southeastern will use DeWeese Reservoir and the DeWeese-Dye Main Ditch only with permission of DeWeese-Dye, which permission Southeastern will obtain prior to entry of a decree in this case. b. Structures to release exchange water: (1) Turquoise Reservoir: Turquoise Reservoir is 10

11 formed by a dam across Lake Fork Creek in Lake County in Section 19, Township 9 South, Range 80 West of the 6th Principal Meridian, as described in the Decree in Case No. 80CW6 (District Court, Water Division No. 2), dated October 23, It is decreed to store 129,432 a.f. (2) Twin Lakes Reservoir: Twin Lakes Reservoir is formed by a dam across Lake Creek in Lake County in Section 23, Township 11 South, Range 80 West of the 6th Principal Meridian, as described in the Decree in Case No. 80CW6 (District Court, Water Division No. 2), dated October 23, It is decreed to store 141,000 a.f. (3) Owner and Contractual Relationship: The United States Department of Interior, Bureau of Reclamation, owns Turquoise Reservoir and Twin Lakes Reservoir, and operates these facilities as part of the Congressionally-authorized Fryingpan- Arkansas Project. As part of this operation, Fryingpan-Arkansas Project Water ( Project Water ) is stored in these reservoirs under the West Slope Decrees and East Slope Decrees described below. Pursuant to the Fryingpan-Arkansas Project Operating Principles and Southeastern s repayment contract with the United States, Project Water is released from storage based on Southeastern s allocations of such water, and/or to downstream storage facilities. 4. Description of exchange water rights: Fryingpan- Arkansas Project Water. a. West Slope Decrees: The Fryingpan-Arkansas Project diverts surface water from the headwaters of Hunter Creek and the Fryingpan River and their tributaries in Pitkin County. The principal water rights were adjudicated by the decrees in Civil Action No (District Court, Garfield County) dated June 20, 1958, and August 3, 1959; and were modified by the Decree in Case No. W (District Court, Water Division No. 5) dated November 27, 1979; and were supplemented by the Decree in Case No. 83CW352 (District Court, Water Division No. 5) dated May 31, These water rights have an appropriation date of July 29, Water diverted under these decrees travels under the Continental Divide through Boustead Tunnel, which empties into Turquoise Reservoir. This water may be stored in Turquoise Reservoir, Twin Lakes Reservoir and elsewhere, and applied to beneficial use within Southeastern s District boundaries. Because the water is imported from another river basin, it is fully consumable in Water Division 2. b. East Slope Decrees: The Fryingpan-Arkansas Project also diverts and stores surface water from the Arkansas River and its tributaries in Lake, Chaffee, Fremont and Pueblo Counties. The principal water rights were adjudicated by the decrees in Civil Action No (District Court, Chaffee County) dated July 9, 1969; and Civil Action No. B (District Court, Pueblo County) dated June 25, 1962; and were modified and supplemented by the Decree in Case No. 80CW6 (District Court, Water Division 2), dated October 23, These water rights include storage in Turquoise Reservoir, Twin Lakes Reservoir, Pueblo Reservoir, and elsewhere, with an appropriation date of February 10, 1939, and are expressly decreed for reuse and exchange, for beneficial use within Southeastern s District boundaries. Under these decrees, Turquoise Reservoir and Twin Lakes Reservoir may store native water or imported water, directly or by exchange with each other or with Pueblo Reservoir. c. Project Water Allocations: DeWeese-Dye and others are eligible to receive annual allocations of Fryingpan-Arkansas Project Water ( Project Water ), which they may purchase and use after it is allocated to them by Southeastern. Southeastern allocates Project Water annually based on its principles, policies, rules and regulations, as they may be amended. Any and all use of Project Water in these exchanges will be pursuant to and subject to the above-referenced Decrees for the Fryingpan-Arkansas Project, and 11

12 to all lawful rules, regulations, policies, and contract obligations of the Southeastern District. This application, and any decree entered in this case, do not give DeWeese-Dye or others any rights to use Fryingpan-Arkansas Project structures, or any rights of ownership or rights to purchase or receive allocation of Project Water or return flows therefrom, but do not alter any existing rights (including allocation rights) they may otherwise have. DeWeese-Dye and others may exchange, store, and use Project Water only if, when, and to the extent they have purchased such water after it is allocated to them by Southeastern. This application, and any decree herein, do not in any way modify Southeastern s decrees for the Fryingpan-Arkansas Project water rights. The description of or reference to structures and water rights herein, other than the proposed exchanges described in this application, does not in any way seek to amend or limit the decrees for those structures and water rights, and omissions in such descriptions and references shall in no way prejudice the owners of those structures and water rights. 5. Conditional Appropriative Right of Exchange. a. Sources: Grape Creek. b. Date of initiation of appropriation: February 10, 1939, which is the appropriation date of the Fryingpan- Arkansas Project East Slope water rights. c. Date water applied to beneficial use: Not applicable; d. Amount claimed: The exchange to DeWeese Reservoir will be operated at a rate up to the rate at which inflows into DeWeese Reservoir would have passed through DeWeese Reservoir had no exchange been made, but not to exceed 4,132 a.f. on an annual basis (based on the storage capacity of DeWeese Reservoir). The exchange to the DeWeese-Dye Main Ditch will be limited to c.f.s., the decreed capacity of the ditch. e. Uses: The water will be used beneficially for Fryingpan-Arkansas Project purposes, including but not limited to irrigation of lands served by DeWeese-Dye. Fryingpan-Arkansas Project uses occur within the Southeastern District boundaries, and include irrigation, manufacturing, domestic, municipal, power purposes, flood control, recreation, and wildlife conservation; all municipal purposes, including human consumption, fire protection, sewage treatments, street sprinkling, watering of parks, lawns, and grounds, and maintaining adequate storage reserves; all farming purposes, including the growing of crops of all kinds, stock water, domestic purposes, and the watering of lawns, trees and shrubs; all industrial purposes, and the generation of electric power; augmentation and exchange; for a succession of such uses and to fill and refill the reservoirs of the Fryingpan-Arkansas Project; and use and reuse of all the project waters herein described. f. Exchange reach (upstream and downstream points of exchange): The following reach of Grape Creek: The upstream terminus (described in Paragraph 3.a. above) is at DeWeese Reservoir. The downstream terminus is the confluence of Grape Creek with the Arkansas River, which is located in the NE ¼ of the NW ¼ of Section 6, Township 19 South, Range 70 West of the Sixth Principal Meridian. 6. Description of Exchange: Applicant seeks to adjudicate a conditional appropriative right of exchange. The purpose of the exchange is to deliver Fryingpan-Arkansas Project Water to DeWeese-Dye and other entities within the Southeastern District whose storage facilities and points of diversion are located in the drainage basin of Grape Creek, and/or may be served by releases from DeWeese Reservoir. The exchange will be operated by Southeastern in cooperation with DeWeese-Dye. Exchange of Project Water will include, but is not limited to, water allocated by Southeastern to DeWeese-Dye. The Project Water is released from Twin Lakes Reservoir and/or Turquoise Reservoir into the Arkansas River, above its confluence with Grape Creek. This substituted water is of a 12

13 quality and continuity to meet senior appropriators normal use requirements. 7. Remarks: This Application does not in any way diminish or work to the detriment of any water rights decreed to DeWeese-Dye. (Application, 7 pages) CASE NO. 99CW161 FOREST VIEW ACRES WATER DISTRICT, c/o Tom Guenther, 4040 East Bijou Street, Colorado Springs, CO (Please send all correspondence to: Holly I. Holder, P.C., Attorneys for Applicant, th Street, Suite 1500, Denver, CO 80202) Application for Underground Water Rights from Nontributary and Not Nontributary Sources and for Approval of a Plan for Augmentation El Paso County 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 Dawson and Denver and nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 617 acres of land located in parts of Sections 9, 15, 16, and 17, T11S, R67W of the 6th P.M, and is comprised of the Red Rock Ranch Subdivision, Forest View Acres Subdivision, Sundance Estates Subdivision, Shiloh Pines Subdivision, Cloven Hoof Estates Subdivision, Cloven Hoof Subdivision Filing 2, Morgan Subdivision No. 1, and other land, as more particularly described and shown on Attachment A to the Application ("Subject Property") (Attachment A is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). Consent to the withdrawal of the groundwater which is the subject of this application was obtained pursuant to a resolution adopted by the Applicant on August 14, 1985, pursuant to Section (8), C.R.S., and subsequent consents by land owners within the District. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Dawson aquifer underlying all the Subject Property and the Denver aquifer underlying all the Subject Property, except for approximately 99.5 acres of the Subject Property located in Section 9, is not nontributary as described in (10.7) and (9)(c), C.R.S. The groundwater to be withdrawn from the Denver aquifer underlying approximately 99.5 acres located in Section 9, and the Arapahoe and Laramie- Fox Hills aquifers underlying all the Subject Property is nontributary groundwater as described in (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. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing Arapahoe aquifer well as permitted in Permit No F. Applicant waives any 600 foot spacing rule as described in Section (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 Applicant estimates the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: 13

14 Saturated Annual Aquifer Thickness Amount Dawson 390 feet 160 acre-feet* Denver 200 feet 37 acre-feet(nt in Sec. 9) Denver 200 feet 176 acre-feet(nnt in Sec ) Arapahoe 465 feet 495 acre-feet** Laramie-Fox Hills 185 feet 174 acre-feet *Final amount available will be reduced for overlap of circles of prior appropriation associated with pre-existing wells pursuant to Section (5), including a well originally permitted in Well Permit No. W **Includes amount previously decreed in Permit No F. 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 and not 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, which may be located anywhere on the Subject Property, 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 (10), C.R.S. Applicant is also the owner of 54 acre-feet per year of nontributary Arapahoe aquifer water associated with an adjacent parcel of land as decreed in Case No. 95CW2, District Court, Water Division 2. Applicant requests that this water be withdrawn through Arapahoe aquifer wells to be located on the Subject Property as part of Applicant's well fields. 7. Proposed Use: Applicant 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 purposes. 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 (2), and (6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All of the available Dawson aquifer groundwater requested herein as described in paragraph 5. Applicant reserves the right to increase or decrease this amount based on the actual amount found to be available without amending this application or republishing the same. 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: Applicant will use the Dawson aquifer water to serve up to 330 residential lots through central wells for domestic, irrigation, commercial, and stockwatering use on the Subject Property at rates of flow necessary to withdraw the entire annual amount. For purposes of this application, inhouse use will require approximately 0.3 acre-feet per year per lot, irrigation use will require approximately acre-feet per year for irrigation of every 1000 square-feet of home lawn or garden, stockwatering will require approximately 0.05 acre-feet per year for stockwatering of every 4 large domestic animals, and commercial use will require approximately 80 gallons per day for every 1000 square-feet 14

15 of commercial space. Applicant reserves the right to amend these values based on final planning considerations for the Subject Property. Sewage treatment for inhouse and commercial use will be provided by non-evaporative septic systems. Consumptive use associated with in-house and commercial use will be approximately 15% 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, Applicant, 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 Applicant will replace actual depletions to the affected stream system pursuant to (9)(c), C.R.S. Applicant estimates that depletions may occur to the Monument Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the Arkansas 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, Applicant will demonstrate that any depletions which may occur to the stream system are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicant will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicant claims 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 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 thickness, 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. C. Applicant will withdraw the not nontributary Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to (9)(c), C.R.S. Applicant does not request any plan for augmentation for withdrawal of the not nontributary Denver aquifer water in this application. WHEREFORE, Applicant prays 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. Applicant has complied with (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 Applicant's property, pursuant to (11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Dawson aquifer and part of the Denver aquifer is not nontributary and groundwater in part of the Denver aquifer, and all of the 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, Applicant 15