DISTRICT COURT, WATER DIVISION 1, COLORADO

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1 DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S , you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of NOVEMBER 2014 for each County affected. 14CW47 RICHARD A. SELLERS AND SUSAN J. MATLOCK, Beach Blvd., #141, Huntington Beach, CA APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: in case 96CW964, WD1; Date of subsequent decree: in case 08CW72, WD1. Undeveloped Well located SE1/4, NW1/4, S28, T9S, R75W of the 6 th PM at a distance 2550 ft. from N and 1500 ft. from W. 480 Arapahoe Circle in Indian Mountain subdivision; Lot 10; Filing 2. Source: Groundwater. Appropriation date: ; Amount: 15 gpm, Conditional. Use: Household in a single family dwelling, not including irrigation. 14CW3132 Dechant Farms Partnership c/o Alvin Dechant, Jr WCR 49, Hudson, CO Please send correspondence and pleadings to Bradley C. Grasmick, Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, (970) ; brad@ljcglaw.com. CONCERNING THE APPLICATION FOR WATER RIGHTS IN WELD COUNTY. 2. Decreed Name of Structure for which Change is Sought: Well nos and 15982, both of which were decreed in Case No. W-5322, as more fully described below. 3. Background: Applicant is the owner of two groundwater rights in Weld County, diverted by Well Nos and ( Subject Wells ), both of which were decreed in Case No. W-5322 ( W-5322 Rights ). By this Application, Applicant seeks to (1) change the point of diversion of the W-5322 Rights to a separate groundwater well also owned by Applicant, and (2) change the place of use of the W-5322 Rights to irrigation of other lands owned by Applicant. 4. Description of W-5322 Rights: 4.1. Well no was decreed on June 2, 1975 in Case No. W-5322: Location: SW1/4 of SE1/4 of Section 24, Township 2 North, Range 65 West of the 6 th P.M, Weld County, Colorado, at a point 360 feet North and 1555 feet West of the SE corner of said Section Date of Appropriation: June 27, Amount: 1.78 cfs Source: Groundwater Use: Together with Well No , irrigation of 260 acres in part of the NE1/4 of Section 30 and part of the SW1/4 of Section 19, all in Township 2 North, Range 64 West of the 6 th P.M. Weld County, Colorado Well no was decreed on June 2, 1975 in Case No. W-5322: Location: SW1/4 of SE1/4 of Section 24, Township 2 North, Range 65 West of the 6 th P.M, Weld County, Colorado, at a point 90 feet North and 1550 feet West of the SE corner of said Section Date of Appropriation: June 30, Amount: 1.44 cfs Source: Groundwater Use: Together with well no. 6379, Irrigation of 260 acres in part of the NE1/4 of Section 30 and part of the SW1/4 of Section 19, all in Township 2 North, Range 64 West of the 6th P.M. Weld County, Colorado. 5. Requested Change: As described above, the W-5322 Rights were decreed and have historically been used for irrigation of 260 acres in Sections 30 and 19, Township 2 North, Range 64 West of the 6th P.M. in Weld County. Use of the W-5322 Rights on that land has been augmented by the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District ( GMS ). Applicant owns 260 acres in the W1/2 of Section 31, Township 3 North, Range 64 West ( Section 31 Lands ) that Applicant wishes to irrigate with the W-5322 Rights. Applicant is requesting that the W-5322 Rights currently diverted at the Subject Wells be changed such that the W-5322 Rights be diverted at Well no F, located in the NE1/4 of SE1/4 of Section 36, Township 3 North, Range 65 West of the 6 th P.M., Weld County, Colorado, at a point 1350 feet North and 40 feet West of the SE corner of said Section 36, such that Applicant can irrigate 260 acres in the Section 31 Lands. 6. Proposed Terms and Conditions: To prevent an expansion of use and to prevent injury to other water users, Applicant proposes the following terms and conditions on the requested change: 6.1. Number and Location of Acres to be Irrigated. Once changed, the amount of acreage irrigated by the W-5322 Rights in the W1/2 of Section 31, Township 3 North, Range 64 West shall not exceed the 260 acres historically and lawfully irrigated by the 1

2 W-5322 Rights by the Subject Wells W-5322 Rights Will Continue to be Fully Augmented. Applicant and GMS are parties to that certain Petition for Class D Irrigation Water Allotment Contract #239 dated April 3, 2012 ( Contract #239 ). Pursuant to Contract #239, GMS provides up to acrefeet of augmentation water annually to offset out-of-priority depletions resulting for Applicant s use of the Subject Wells for irrigation of 260 acres. Applicant has initiated the process with GMS of transferring this annual allotment of augmentation water under Contract #239 from the Subject Wells to Well no F. The post pumping depletions resulting from the use of the W-5322 Rights and the out-ofpriority depletions resulting from use of the Well no F for irrigation of the 260 acres in the Section 31 Lands shall be replaced pursuant to the augmentation plan decreed in Case No. 2002CW Well no F. Well no F was decreed in Case No. W-4716 on November 6, 1974, as amended on August 29, 1979 for the irrigation of 125 acres in the SE1/4 of Section 36, Township 3 North, Range 65 West of the 6th P.M. in Weld County. Well no F was decreed for 2.2 cfs with an appropriation date of October 27, Nothing in this Application is intended to modify, amend, or abandon this other water right associated with Well no F. 8. Applicant is the owner of Well no F and the lands upon which said well is situated. Applicant is the owner of the Section 31 Lands. The original format of this application is four (4) pages in length. 14CW3133, Anthony and Debra Falcone, 1750 Tomah Road, Larkspur, CO (James Petrock, Petrock & Fendel, th Street, #1800, Denver, CO 80202), NOT NONTRIBUTARY DENVER AND NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY acres located in the E1/2W1/2 of Section 9, T9S, R67W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Annual Amounts: Denver: 45 acrefeet; Arapahoe: 27 acre-feet; Laramie-Fox Hills: 15 acre-feet. Uses: Domestic, commercial, irrigation, stockwatering, and augmentation purposes, including storage, on and off the Subject Property. Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 14CW3134. Timbro Ranch Cattle Company, LLC, 4700 South 60th Avenue, Suite 4, Arvada, Colorado 80003, Telephone: Please address all correspondence to Applicant s counsel: Steven O. Sims and John A. Helfrich, Brownstein Hyatt Farber Schreck LLP, 410 Seventeenth Street, Suite 2200, Denver, Colorado , Phone Number: , Fax Number: , ssims@bhfs.com, jhelfrich@bhfs.com. APPLICATION FOR WATER RIGHTS IN WELD COUNTY. (1) Description of Wells: (a) Timbro Well No. 3. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 585,296 meters; Northing 4,512,748 meters. (2) PLSS format: SW1/4 of the SW1/4 of Section 9, Township 9 North, Range 59 West, 6th P.M., 1,250 feet from the South section line, 810 feet from the West section line, Weld County, Colorado. (iii) Depth of Well: 1700 feet. Source: Upper Pierre Aquifer; (iv) Amount claimed: 300 gpm, 300 acre-feet per year, conditional; (b) Timbro Well No. 4. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 583,516 meters; Northing 4,512,462 meters. (2) PLSS format: SW1/4 of the SW1/4 of Section 8, Township 9 North, Range 59 West, 6th P.M., 390 feet from the South section line, 170 feet from the West section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. Source: Upper Pierre Aquifer. (iv) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (c) Timbro Well No. 5. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 590,651 meters; Northing 4,512,674 meters. (2) PLSS format: SW1/4 of the SE 1/4 of Section 12, Township 9 North, Range 59 West, 6th P.M., 600 feet from the South section line, 2,490 feet from the East section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. Source: Upper Pierre Aquifer. (iv) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (d) Timbro Well No. 6. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 583,470 meters; Northing 4,513,894 meters. (2) PLSS format: NW1/4 of the NW1/4 of Section 8, Township 9 North, Range 59 West, 6th P.M., 190 feet from the North section line, 40 feet from the West section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. Source: Upper Pierre Aquifer. (iv) Amount 2

3 claimed: 300 gpm, 300 acre-feet per year, conditional. (e) Date of appropriation: November 13, (i) How was appropriation initiated: by filing this application. (ii) Date water applied to beneficial use: N/A, conditional right. (f) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. 3. Plan for Augmentation. (a) Names of structures to be augmented: Timbro Wells No. 3 through No. 6, as described above in section 2. (b) Water rights to be used for augmentation: Excess recharge credits from the Riverside Irrigation District and Riverside Reservoir and Land Company recharge plan decree in 02CW0086. (i) Date and case number of original and subsequent decrees: 02CW0086. (ii) Type of water right: Recharge accretions. (iii) Legal description: The twenty six (26) recharge structures are described in 02CW0086. The point of diversion for all structures is the Riverside Inlet Canal which has a capacity of 1000 cfs and has a point of diversion located on the north bank of the South Platte River in the SW1/4 SW1/4 of Section 20 T5N R63W of the 6th PM in Weld County, Colorado. (iv) Source: South Platte. (v) Appropriation date: April 30, 2002 for recharge ponds identified as Site Nos. 501 through 514; April 17, 2003 for recharge ponds identified as Site Nos. 515 through 552. (vi) Amount: Diversions pursuant to the recharge rights are limited to a combined total maximum of 20,000 acre feet in a single water year as measured into the recharge ponds not to exceed 115,500 acre feet over any twenty (20) consecutive water years. (vii) Decreed uses: Augmentation either directly or by exchange by recharge of the South Platte alluvial aquifer, wildlife, and piscatorial, subject to the provisions of paragraph 25.1 of the 02CW0086 decree as to the lease of excess recharge credits. (c) Statement of Plan for Augmentation. Applicant calculated the delayed depletions from Timbro Wells #3 through #6 using the Alluvial Water Accounting System (AWAS). Applicant determined that the nearest point of hypothetical stream depletion is approximately 36 miles south of the Timbro Wells #3 through #6 near Weldona and the South Platte River. Applicant will cause the augmentation sources to be released to the South Platte River at this location at the time and in the amount necessary to match the depletion schedule determined by the AWAS analysis. 4. Names and addresses of owners or reputed owners of the land upon which any new or existing structure is or will be constructed: The Applicant owns the land upon which Timbro Wells No. 3 through No. 6 are located. See Figure Other Comments. Applicant is exploring the possibility that Timbro Wells #3 through #6 will not, within one hundred years of continuous withdrawal, deplete the flow of a natural stream, including a natural stream as defined in sections (2) and (1) (b), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. In the event that groundwater modeling and/or geologic evidence supports a non-tributary claim, Applicant will seek to amend its application to request a non-tributary water right instead of the conditional tributary water rights and augmentation plan that Timbro is requesting through this Application. 14CW3135, Republican River Water Conservation District, acting by and through its Water Activity Enterprise ( RRWCD WAE ), 410 Main Street, Suite 8, Wray, Colorado 80758, deb.daniel@rrrwcd.com, (970) For RRWCD WAE, direct all pleadings to: David W. Robbins, Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, davidrobbins@hillandrobbins.com, peterampe@hillandrobbins.com. Yuma County Water Authority Public Improvement District ( YCWA PID ), c/o Yuma County Board of County Commissioners, 310 Ash, Suite A, Wray, CO For YCWA, direct all pleadings to: Steven O. Sims, John A. Helfrich, Dulcinea Z. Hanuschak, Brownstein Hyatt Farber Schreck, LLP, th St., Suite 2200, Denver, CO 80202, ssims@bhfs.com; jhelfrich@bhfs.com; dhanuschak@bhfs.com. APPLICATION FOR CHANGE OF WATER RIGHTS IN YUMA COUNTY. A. Applicants seek to change the use of the ten water rights set forth in Section 3 below (collectively Subject Water Rights ) to add use for augmentation. B. Applicant Republican River Water Conservation District was created in 2004 by section (1), C.R.S., to cooperate with and assist the State of Colorado to assist in the state s duty to comply with the limitations and duties imposed upon the state by the Republican River Compact (the Compact ). The RRWCD Board of Directors established a water activity enterprise pursuant to article 45.1 of title 37 of the Colorado Revised Statutes. C. Applicant Yuma County Water Authority Public Improvement District is a public improvement district formed by the Yuma County Board of County Commissioners pursuant to the County Public 3

4 Improvement Act of 1968, section et. seq. C.R.S. D. The RRWCD WAE currently leases the Subject Water Rights in the drainage basin of the North Fork of the Republican River from the YCWAPID to assist the State of Colorado to comply with the Compact. 3. Decreed Water Rights for Which Change is Sought. A. O Donnell Ditch and O Donnell Ditch Enlargement. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate of the O Donnell Ditch is located on the right or south bank of the North Fork of the Republican River at a point where the center corner of Section 6 in Township 1 North, Range 43 West of the 6th P.M., Yuma County, bears south 58 degrees 20 minutes west, 1,314 feet. The source of the public land survey system (PLSS) information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation dates and amounts: June 1, 1887; 4 c.f.s. (Priority No. 1); December 31, 1893; 2 c.f.s. (Priority No. 8). 5. Total amount decreed to structure: 6 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 6 c.f.s., absolute. B. Laird Ditch. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County; February 11, 2010; Case No. 09CW27, District Court, Water Division No Legal description of structure: The headgate of the Laird Ditch is located on the north bank of the Republican River in the Northwest Quarter of the Northeast Quarter of Section 3, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, at a point 425 feet south and 2,135 feet west of the northeast corner of said Section 3. The source of the PLSS information is the decree in Case No. 09CW Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: October 20, 1888; 12 c.f.s. (Priority No. 5). 5. Total amount decreed to structure: 12 c.f.s., absolute, of which the first 0.25 c.f.s. was changed to alternate points of diversion in Case No. 09CW Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: c.f.s., absolute. C. Pioneer Ditch (a/k/a Haigler 2 Land & Canal Co. Ditch). 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate of the Pioneer Ditch is located on the south bank of the Republican River in the Southwest Quarter of the Northeast Quarter of Section 2, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, at a point 1,390 feet west, 44 degrees 30 minutes north of quarter section corner between sections 1 and 2 in said township and range. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: April 4, 1890; 15 c.f.s. (Priority No. 6). 5. Total amount decreed to structure: 15 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 15 c.f.s., absolute. D. The Holy Joe Canal. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate of the Holy Joe Canal is located near the dam of the Holy Joe Reservoir in Northeast Quarter of Southwest Quarter of Section 31, Township 2 North, Ranger 43 West, 6th P.M., Yuma County, Colorado. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: Holy Joe Creek, a tributary to the North Fork of the Republican River. 4. Appropriation date and amount: March 23, 1899; 1.0 c.f.s. (Priority No. 14). 5. Total amount decreed to structure: 1.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 1.0 c.f.s., absolute. E. Holy Joe Reservoir. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The reservoir is situated on the Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 31, Township 2 North, Range 43 West, 6th P.M., Yuma County, Colorado. The dam of the reservoir runs in an easterly and westerly direction across Holy Joe Creek a short distance north of the line between the Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 31. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: Holy Joe Creek, a tributary to the North Fork of the Republican River. 4. Appropriation date and amount: March 23, 1899; acre feet (Reservoir Priority No. 2). 5. Total amount decreed to structure: acre feet, absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: acre feet, absolute. F. Pierce Miller Ditch. 1. Date of original and all relevant subsequent decrees: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate is located on the north bank of the Republican River at a point whence the northwest corner of the Southeast Quarter of Section 6, Township 4

5 1 North, Range 42 West, 6th P.M., Yuma County, Colorado, bears north 45 degrees west, 1,890 feet. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: April 22, 1904; 2.5. c.f.s. (Priority No. 16). 5. Total amount decreed to structure: 2.5 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water tha Applicants intend to change: 2.5 c.f.s., absolute. G. F.D. Johnson Ditch. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate is located on the south bank of the mill race of the Wray Mills Company, said mill race diverting water from the natural stream at a point 730 feet east and 64 feet north of the northwest corner of the Southwest Quarter of the Southwest Quarter of Section 6, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, and said F. D. Johnson Ditch having its headgate and diverting water at the point of over-flow of said mill race, whence the southwest 3 corner of the Northwest Quarter of the Southeast Quarter of Section 6, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, bears south 28 degrees, 40 minutes west, 446 feet, and whence the center corner of said Section 6 bears north 12 degrees, 10 minutes west, 950 feet. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: August 23, 1905; 4.0 c.f.s. (Priority No. 17). 5. Total amount decreed to structure: 4.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 4.0 c.f.s., absolute. H. Wiley No Date of original decree: March 5, 1979, Case No. W , Water Court, Water Division No Legal description of structure: By means of movable pumps: at a point on the South bank of the North Fork of the Republican River in Section 6, Township 1 North, Range 42 West, 6th P.M., Yuma County, Colorado, approximately 1,940 feet from the West Section line and 686 feet from the South Section line. The source of the PLSS information is the original decrees for the water rights. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: March 30, 1976; 1.5 c.f.s. 5. Total amount decreed to structure: 1.5 c.f.s., absolute. 6. Decreed use or uses: Irrigation. 7. Amount of water that Applicants intend to change: 1.5 c.f.s., absolute. I. Wiley Spring. 1. Date of original decree: December 1, 1982, Case No. W , Water Court, Water Division No Legal description of structure: In the NW1/4, Section 7, Township 1 North, Range 42 West, 6th P.M., at a point approximately 15 feet South and 1,320 feet East of the NW Corner, Section 7. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: Natural spring, tributary to North Fork of the Republican River. 4. Appropriation date and amount: December 13, 1977; 1.0 c.f.s. 5. Total amount decreed to structure: 1.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 1.0 c.f.s., absolute. J. Wilson No Date of original decree: December 30, 1975, Case No. W , Water Court, Water Division No Legal description of structure: By means of movable pumps: the north and/or the south bank of the North Fork of the Republican River from a point where it flows across the West boundary line of the NW1/4 NE1/4 of Section 9, Township 1 North, Range 42 West of the 6th P.M., Yuma County, to a point where it flows across the East boundary line of the Southwest Quarter of the Northwest Quarter of Section 10, Township 1 North, Range 42 West of the 6th P.M., Yuma County. Alternative authorized diversion by means of a permanent sump: At a point approximately 546 feet from the East line and 3,291 feet from the South line of said Section 9. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: February 13, 1974; 4.0 c.f.s. (Priority No. 33). 5. Total amount decreed to structure: 4.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 4.0 c.f.s., absolute. Description of Proposed Change: Applicant YCWA PID owns the Subject Water Rights and currently leases the Subject Water Rights to Applicant RRWCD WAE. Applicants seek to change the use of the subject water rights to add use for augmentation for its members and the RRWCD WAE and to assist the State of Colorado to carry out the State s duty to comply with the limitations and duties imposed upon the State under the Republican River Compact. Any augmentation use of Subject Water Rights shall be subject to the terms and conditions of plans for augmentation decreed and approved by the Water Court for Division 1 or the United States Supreme Court. Exhibit A shows the approximate location of the 4 5

6 structures and the area of historical use of the Subject Water Rights. Names and addresses of owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure or storage structure that water is or will be stored: None. YCWA-PID owns the right to use all existing diversion and storage structures required for the Subject Water Rights. 14CW3136 PETITION FOR REVIEW PURSUANT TO (3)(F), C.R.S. Petitioner: Colorado Baptist General Convention, d/b/a the Ponderosa Retreat & Conference Center, a Colorado non-profit Corporation v. Defendants: Dick Wolfe, in his capacity as the Colorado State Engineer, and the Department of Natural Resources, Division of Water Resources, also known as Office of the State Engineer, an agency of the State of Colorado: John J. Homa, Jr. and Jaqueline R. Homa. 14CW3137 Carleton & DeJong, LLC, 1580 Lincoln Street, #1200, Denver, CO 80203, (P. Andrew Jones, Ryan M. Donovan, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, ). APPLICATION FOR WATER RIGHTS, APPROVAL OF ADDITIONAL POINTS OF DELIVERY, AND FOR APPROVAL OF PLAN OF AUGMENTATION IN WELD COUNTY. 2. Background. This is a water court application for new (1) surface water rights; (2) groundwater rights; (3) recharge structures; (4) storage reservoirs; (5) approval of additional points of delivery for previously changed surface rights; (6) appropriation of historical return flows of previously changed ditch shares owned by Applicant; and (7) approval of plan for augmentation. The features in this water court application are components of Applicant s integrated water system. Applicant is seeking a new junior surface appropriation from an unnamed slough tributary to the South Platte River in Weld County. Water from the unnamed slough will be diverted at a location on Applicant s property and put to numerous uses, either directly or by storage and recharge, including irrigation, fish and wildlife habitat, recreation, fire suppression, augmentation, and replacement. Applicant is also claiming a new surface appropriation to be diverted from a separate slough at a location on Applicant s property. Water diverted from both sloughs may be delivered to the recharge structures and storage reservoirs claimed in this Application, and to the Ream Pond that was decreed in Case No. 2000CW159 (2010CW274). Additionally, Applicant owns three shares in the Union Ditch Company ( Union Shares ) for which a change in use was decreed in Case No. 2000CW159. Applicant will maintain the changed uses, but by this application is seeking (i) approval of points of delivery of the Union Shares in addition to the Ream Pond, including the recharge structures, storage reservoirs, and habitat area claimed in this Application, and (ii) the appropriation of historical return flows associated with the Union Shares. Applicant also seeks approval of a plan for augmentation to use water from the new surface rights claimed herein, the Union Shares, the Ream Slough Diversion No. 1, as decreed in Case No. 2000CW159, and the augmentation wells claimed herein to replace return flows associated with the Union Shares, out-of-priority depletions resulting from the pumping of groundwater wells and evaporation from the Ream Pond. APPLICATION FOR WATER RIGHTS 3. Name of New Water Right: Cade Junior Right. 3.1 Source: Precipitation, runoff, waste, and seepage water accumulating in Sections 14, 15, 21, 22, 23, 26, 27, and 28 in Township 5 North, Range 65 West of the 6th P.M. in Weld County. 3.2 Point of Diversion: Unnamed Slough tributary to the South Platte River, at a point located in the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 3.3 Date of appropriation: November 18, How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.5 Amount Claimed: 30 c.f.s., conditional. 3.6 Uses: Fish and wildlife, recreation, fire suppression, augmentation and replacement, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 3.7 Places of Storage and Recharge Ream Pond WDID: Permit No: F Previous Decrees: 2000CW159, 2010CW274, and 2003CW Location: SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M Capacity: 20 acre-feet, with right to fill and refill as sources are in priority Fort Recharge Structure Location: S1/2 6

7 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M Surface Area at High Water Line: 5 acres Capacity: 45 ac-ft Comment: The Fort Recharge Structure will consist of one or more unlined infiltration basins or structures in the location described above. The Fort Recharge Structure will not intercept groundwater DeJong Farm Recharge Structure Location: W1/2 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M Surface Area at High Water Line: 5 acres Capacity: 45 ac-ft Comment: The DeJong Farm Recharge Structure will consist of one or more unlined infiltration basins or structures in the location described above. The DeJong Farm Recharge Structure will not intercept groundwater Cade Irrigated Waterfowl Habitat (the Habitat Area ) Location: W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M Surface Area at High Water Line: 100 acres Capacity: 300 ac-ft Points of Delivery from The Habitat Area: Water stored in the Habitat Area may be released and delivered to Ream Pond or directly through an augmentation structure to the South Platte River in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. or the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. (the Cade Augmentation Structure ) Comment: The Habitat Area will include a series of moist-soil units. The Habitat Area will be flood irrigated to promote the growth of forage. The Habitat Area will not be excavated and will rely on a combination of above-surface impoundments to store water within the contours of the landscape from the Cade Junior Right; the Ream Slough Diversion No. 1 decreed in Case No. 2000CW159; the Ream Slough Diversion No. 2 described in 5 below; the Cade Habitat Well Nos. 1 and 2 described in 6 and 7 below, respectively, the Ream Well, and the DeJong Well described in 10.1 and 10.3 below, respectively. The Habitat Area will not intercept groundwater Fort Reservoir Location: S1/2 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M Surface Area at High Water Line: 5 acres Capacity: 45 acre-feet Points of Delivery from Reservoir: Water stored in the Fort Reservoir may be released from the Reservoir to the Fort Recharge Structure, the DeJong Farm Recharge Structure, the DeJong Farm Reservoir, the Ream Pond, the Habitat Area or the Cade Augmentation Structure Comment: Applicant is claiming the right to store precipitation accumulating to the Fort Reservoir when the Cade Junior Right is in priority. The Fort Reservoir will not intercept groundwater DeJong Farm Reservoir Location: W1/2 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M Surface Area at High Water Line: 5 acres Capacity: 45 acre-feet Points of Delivery from Reservoir: Water stored in the DeJong Farm Reservoir may be released from the Reservoir and delivered to the Fort Recharge Structure, the DeJong Farm Recharge Structure, the Fort Reservoir, the Ream Pond, the Habitat Area or the Cade Augmentation Structure Comment: Applicant is claiming the right to store precipitation accumulating to the DeJong Farm Reservoir when the Cade Junior Right is in priority. The DeJong Farm Reservoir will not intercept groundwater. 4. Name of New Water Right: Cade Union Shares Return Flows. 4.1 Source: South Platte River and waste and seepage, including direct flow rights, and seepage and waste rights decreed or transferred to Union Ditch Company, associated with Applicant s proportional interest in Union s water rights, represented by ownership of the three (3) Union Shares changed in Case No. 2000CW Previous Decrees: 2000CW Date of appropriation: November 18, How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 4.5 Amount Claimed: Up to 383 acre feet annually. 4.6 Uses: Fish and wildlife, recreation, fire suppression, augmentation and replacement, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 4.7 Places of Storage and Recharge. Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, described above. 5 Name of New Water Right: Ream Slough Diversion No Source: Tailwater, drain, and seep waters accumulating in Sections 14, 23, and 26, Township 5 North, Range 65 West of the 6th P.M. 5.2 Points of Diversion: Ream Slough Diversion No. 2 West will divert in the SE1/4 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M Ream Slough Diversion No. 2 East will divert in 7

8 the SW1/4 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 5.3 Date of appropriation: November 18, How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 5.5 Amount Claimed: Ream Slough No. 2 West: 1 c.f.s., conditional Ream Slough No. 2 East: 1 c.f.s., conditional 5.6 Uses: Fish and wildlife, recreation, fire suppression, augmentation and replacement and irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 5.7 Places of Storage and Recharge: Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, described above. 6 Name of New Underground Water Right: Cade Habitat Well No Location: S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 6.2 Source: South Platte River Alluvium. 6.3 Date of Appropriation: November 18, Uses: Augmentation, replacement, fish and wildlife habitat, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 6.5 Rate of Diversions: 3.33 c.f.s. (1,500 gpm). 6.6 Places of Delivery, Recharge and Storage: Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, the Cade Augmentation Structure, and direct delivery to the South Platte River. 7 Name of New Underground Water Right: Cade Habitat Well No Location: W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 7.2 Source: South Platte River Alluvium. 7.3 Date of Appropriation November 18, Uses: Augmentation, replacement, fish and wildlife habitat, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 7.5 Rate of Diversions: 3.33 c.f.s. (1,500 gpm).7.6 Places of Delivery, Recharge and Storage: Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, the Cade Augmentation Structure, and direct delivery to the South Platte River. 8 Name and Address of Owners of Structures: 8.1 The Applicant owns all structures involved in this Application. Carleton & DeJong, LLC, 1500 Lincoln Street, #1200, Denver, CO 80203, APPLICATION FOR APPROVAL OF ADDITIONAL POINTS OF DELIVERY 9 Applicant is the owner of the Union Shares described in paragraph 2 above. The historical use of the Union Shares was quantified and their use changed in Case No. 2000CW159 from direct flow for irrigation to direct flow and storage for irrigation, recharge, augmentation, replacement, exchange, and recreation with the right to totally consume the consumable portion of the water, either by first use or successive use. By this Application, Applicant is not seeking approval for any additional change in the use of the Union Shares or proposing any amendment to the terms and conditions decreed in 2000CW159 other than the addition of points of delivery as described herein, all of which are located on Applicant s property in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M., and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 9.1 In addition to the Ream Pond and the lands historically irrigated with the Union Shares in the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., water attributed to the Union Shares may be delivered to Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, and the Cade Augmentation Structure. AUGMENTATION PLAN 10 Augmented Underground Water Rights. Applicant proposes to augment the out-of-priority depletions caused by the diversion and use of the following water rights ( Covered Water Rights ): 10.1 Name of Water Right: Ream Well (aka Jensen Well 2) WDID: Source: South Platte River Alluvium Location: SW1/4 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. at a point 25 feet North and 2640 feet West of the Southeast Corner of said Section Decree: W-640 and 2003CW Permit No: 8641-R Decreed Priority Date: July 12, Amount: 3.33 cfs, absolute Uses: Irrigation in the SW1/4 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M Additional Augmentation Plan: By agreement with the Union Well Augmentation Group ( UWAG ), all future out-of-priority depletions resulting from the use of the Ream Well through March 31, 2015 will be 8

9 replaced by UWAG s augmentation plan decreed in Case No. 2003CW404. Out-of-priority depletions caused by use of the Ream Well on and after April 1, 2015 will be replaced by this plan Name of Water Right: Ream Pond As described in Additional Augmentation Plan: By agreement with UWAG, all future out-of-priority depletions resulting from evaporation of exposed groundwater in the Ream Pond through March 31, 2015 will be replaced by the UWAG s augmentation plan decreed in Case No. 2003CW404. Out-of-priority depletions caused by evaporation from the Ream Pond on and after April 1, 2015 will be replaced by this plan Name of Water Right: DeJong Well (aka Grossiant Well No. 1) WDID: Source: South Platte River Alluvium Location: SW1/4 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. at a point 234 feet North and 360 feet East of the SW Corner of said Section Decree: W Permit: R-R Decreed Priority Date: July 31, Amount: 2.22 cfs, absolute Uses: Irrigation of approximately 120 acres located in the W1/2 of the SW1/4 and SW1/4 of the NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M Additional Augmentation Plan: Out-of-priority depletions resulting from the pumping of the DeJong Well were replaced by substitute water supply plans in connection with the augmentation plan decreed in Case Nos. 2003CW47 and 2006CW291 ( LLRC Plan ) from 2003 to The DeJong Well was removed from the LLRC Plan prior to entry of a final decree; however, ongoing out-of-priority depletions caused by diversions of the DeJong Well while the DeJong Well was enrolled in the LLRC Plan are replaced pursuant to the terms of that plan. The DeJong Well has not been pumped since its removal from the LLRC Plan. Out-of-priority depletions resulting from the use of the DeJong Well on or after the date of this application will be replaced by this plan Name of Water Right: Cade Habitat Well No As described in Name of Water Right: Cade Habitat Well No As described in Water Rights to be used for augmentation Recharge Accretions: Applicant will divert water pursuant to the Cade Junior Right, the Ream Slough Diversion No. 1, the Ream Slough Diversion No. 2, the three (3) Union Shares, and the Cade Habitat Wells No. 1 and 2 and deliver water from such sources to the Ream Pond, Fort Recharge Structure, and the DeJong Farm Recharge Structure to generate accretions to the South Platte River in the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. and/or the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M Deliveries from Storage: Applicant will divert water pursuant to the Cade Junior Right, the Ream Slough Diversion No. 1, the Ream Slough Diversion No. 2, the three (3) Union Shares, and the Cade Habitat Wells No. 1 and 2 and deliver water from such sources to storage in the Fort Reservoir, DeJong Farm Reservoir, and the Habitat Area for subsequent delivery to the South Platte River through the Cade Augmentation Structure Direct Deliveries: Applicant will divert water pursuant to the Ream Slough Diversion No. 1, three (3) Union Shares and the Cade Habitat Well Nos. 1 and 2 and deliver it directly to the South Platte River via the Cade Augmentation Station. The Cade Habitat Wells Nos. 1 and 2 may also be delivered directly to the South Platte River in the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. and the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M Additional Sources: Applicant may use additional and alternative sources and seeks a decree that allows incorporation of these sources into its ongoing plan of augmentation. 12 Plan for Augmentation: 12.1 Diversions and/or evaporation of groundwater from the Covered Water Rights cause depletions to the South Platte River. The purpose of this plan is to replace out-of-priority depletions in time, location and amount to the extent necessary to ensure that senior water rights are not deprived of their lawful entitlement to water. Applicant will replace depletions that affect South Platte River at times when there is a valid call for water senior to the priority date of the Covered Water Right. In addition to augmenting the out-of-priority depletions associated with the Covered Water Rights, Applicant s plan for augmentation will be used to replace historical return flows associated with the three (3) Union Shares when the same are not in priority Method for Determination of Well Depletions: Pre-Filing Depletions. Depletions caused by pumping that occurred prior to the filing of this application will not be augmented by the plan. The Ream Well and the Ream Pond are enrolled in the UWAG augmentation plan decreed in 2003CW404 through March 31, 2015; future out-of-priority depletions resulting from the pumping of the Ream Well and Ream Pond through March 31, 2015 have 9

10 been quantified and will continue to be replaced by UWAG. The DeJong Well was enrolled in the Lower Latham Reservoir Company ( LLRC ) augmentation plan decreed in Case Nos. 2003CW47/2006CW291 from 2003 through 2007; LLRC will replace ongoing out-of-priority depletions caused by diversions of groundwater during this period. The DeJong Well has not diverted groundwater since its removal from the LLRC augmentation plan. The Cade Habitat Wells Nos. 1 and 2 and the Habitat Area are new water rights which have no pre-filing depletions Post-Filing Depletions. Consumptive use and resulting depletions from the operation of the Covered Water Rights under a State Engineer approved substitute water supply plan obtained in the context of this case or caused by the operation of the Covered Water Rights after the entry of a decree in this case will be quantified by the application of site, time and use specific presumption depletion factors, or similar methodology, to metered well pumping and published evaporation factors. Timing of depletions will be established via the application of the bounded alluvial aquifer approach developed by Glover Projection. At least annually, Applicant will perform a projection comparing anticipated replacement sources with anticipated depletions caused by the operation of the Covered Water Rights. This projection will be used to limit the pumping of wells included as Covered Water Rights to ensure that no more is pumped than can be replaced without injury to vested water rights and decree conditional water rights. The projection will include depletions from previous operation of the Covered Water Rights, projected well depletions and pond evaporation, recharge accretions, and additional or alternate supplies. The projection will include the following limitations: Period of Call. The projection will assume a call senior to the Covered Water Rights will occur continuously for all years of the projection Projected Deliveries to Direct Flow Water Rights and Senior Storage Rights. Projected deliveries to Direct Flow Water Rights and Senior Storage Rights shall be based upon historical deliveries for all years of the projection Projected Deliveries to Junior Recharge and Storage Rights. Projected deliveries to junior recharge and storage rights, either included in this application or added to the augmentation plan claimed herein, shall be the amount actually placed into storage or recharge as of the date of the projection. Applicant may elect to apportion the amount in storage over the period of the projection, taking into account any evaporation, seepage or other losses occurring over the time the water is in storage Additional Leased Supplies. Applicant may assume deliveries from additional water supplies to the extent to which it has a fixed and definite right to delivery for the term of such delivery Metering. The groundwater wells included as Covered Water Rights will be metered Maximum annual depletions resulting from the operation of the Covered Water Rights are estimated to be 1,500 acre feet per year. However, pumping will be limited by the projection to assure that no more is pumped than can be replaced without injury to vested water rights and decree conditional water rights Accounting and Reporting. Applicant will account for its operation of the augmentation plan described herein and provide reports to the Division Engineer on a monthly basis. The Application consists of 15 pages. 14CW3138 Topaz Mountain Ranch, LLC, (TMR) c/o Dr. Randy Lortscher, 320 Vine Street, Denver, Colorado Please send future correspondence and pleadings to: Kim R. Lawrence, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS, in PARK COUNTY. 2. TMR seeks to make absolute the following two conditional water rights decreed in Case No. 06CW231 on May 25, 2007 and which were continued as conditional in Case No. 13CW3040 on October 1, South Park Spring. 3.1 Legal Description of Point of Diversion. In the Southeast 1/4 Southwest 1/4 of Section 8, Township 9 South, Range 74 West of the 6 th Principal Meridian, Park County, Colorado at a point 190 feet from the South section line, 2050 feet from the West section line. 3.2 Source. Surface water tributary to Tarryall Creek. 3.3 Date of Appropriation. November 6, Amount g.p.m., conditional 3.5 Use. Recreation, piscatorial, wildlife habitat. 4. South Park Pond. 4.1 Legal Description of Pond. In the Southeast 1/4 Southwest 1/4 of Section 8, Township 9 South, Range 74 West of the 6 th Principal Meridian, Park County, Colorado at a point 200 feet from the South section line, 2050 feet from the West section line. 4.2 Structures used to fill Pond. South Park Spring and runoff upstream of the Pond. 4.3 Source. South Park Spring and runoff water tributary to Tarryall Creek. 4.4 Date of 10

11 Appropriation. November 6, Amount acre feet, conditional, with a right to fill and refill when in priority. 4.6 Use. Recreation, piscatorial, wildlife habitat. 5. Diversions to Make Absolute. Martin & Wood Water Consultants, Inc., determined diversions from the Spring and storage in the Pond were made in priority in the full amount of the conditional water rights, based on the Division of Water Resources call records. The diversions and storage occurred on September 12 and 13, 2013 and during an extended period of free river beginning September 17, 2013 and continuing until October 31, Claim to Make Absolute. TMR seeks to make absolute the conditional water rights set out in 3 and 4. 7.Name and Address of Owner of Structures. TMR. No exhibits. 3 pages. 14CW3139 (2003CW141)(1995CW197) Public Service Company of Colorado, a Colorado Corporation (PSCo) 1800 Larimer Street, Suite 1300, Denver, Colorado (303) c/o Carolyn F. Burr, James M. Noble, WELBORN SULLIVAN MECK & TOOLEY, P.C., th Street, Suite 2200, Denver, Colorado 80202, Telephone: (303) Application for Finding of Reasonable Diligence in ADAMS, CLEAR CREEK, DENVER, AND JEFFERSON COUNTIES. 2. Introduction: This is an application for a finding of reasonable diligence for the conditional portion of an appropriative right of exchange on Clear Creek, South Clear Creek, Cabin Creek, and Leavenworth Creek, originally decreed in Division 1 Case No. 95CW157 (the Fisher Ditch/Clear Creek Exchange or the Subject Water Right ). The 95CW157 decree authorized exchanges to seven different reservoirs. One of those reservoirs is Green Lake, which has its point of diversion on Leavenworth Creek, as more fully described below. PSCo has since conveyed Green Lake to others. Therefore, PSCo also seeks a determination that Green Lake is no longer an exchange-to point for the Subject Water Right. 3. Name of Structure and Conditional Water Right: Fisher Ditch/Clear Creek Exchange. 4. Description of Conditional Water Rights: 4.1. Description and Prior Decrees. The Fisher Ditch/Clear Creek Exchange was originally decreed on March 20, 1997 in Case No. 1995CW157. PSCo was found to have met the requirements of reasonable diligence and a portion was made absolute in Case No. 2003CW141 on November 23, The Subject Water Right is an exchange on Clear Creek and certain tributaries that extends from the Fisher Augmentation Station upstream to the South Clear Creek Reservoirs, which are described below. The sources of substitute water supply for the Subject Water Right are PSCo s interests in the Fisher Ditch water right, which were changed from agricultural use to industrial uses, in Case Nos. 1991CW005 and 1995CW156. Under the Fisher Ditch/Clear Creek Exchange, PSCo s pro rata interest in the Fisher Ditch water right is diverted and recorded at the Fisher Ditch headgate and is then measured and returned to Clear Creek through the Fisher Augmentation Station. Simultaneous with such returns from the Fisher Augmentation Station, diversions that would otherwise be out-of-priority are made in amounts equal to the consumptive use portions of the Fisher Augmentation Station returns at one or more of the upstream South Clear Creek Reservoirs. The streams on which the exchange is made are Clear Creek and its tributaries, South Clear Creek, Cabin Creek, and Leavenworth Creek Description of Locations and Facilities Involved in Exchange: The facilities and their locations involved in the exchange are described below. The locations of the facilities are also shown on the maps attached as Figure 1 and Figure Fisher Augmentation Station: The Fisher Augmentation Station is located near the Fisher Ditch headgate, which is on the South bank of Clear Creek in the Northwest quarter of Section 17, Township 3 South, Range 68 West, 6 th P.M., Adams County, Colorado, at a point which is approximately 60 feet East and 200 feet South of the Northwest corner of said section, and for which the decreed point of diversion is in the Southwest quarter of Section 8, Township 3 South, Range 68 West, 6 th P.M., Adams County, Colorado The South Clear Creek Reservoirs. The South Clear Creek Reservoirs consist of the following: Green Lake Reservoir a. Green Lake Reservoir is an offstream reservoir located in Section 29, Township 4 South, Range 74 West, of the 6 th P.M., Clear Creek County, Colorado. The active capacity of Green Lake Reservoir is acre-feet. Green Lake Reservoir is more particularly described as follows: Beginning at the outlet whence the Northwest corner of Section 29, Township 4 South, Range 74 West, bears North West 1625 feet; then South West 160 feet; thence South East 235 feet; thence South West 530 feet; thence South West 150 feet; thence South East 290 feet; thence South West 82 feet; thence North West 120 feet; 11