Chief Justice Mary J. Mullarkey has appointed a Water Court Committee to study and report whether changes in water court rules or statues might be

Transcription

1 Chief Justice Mary J. Mullarkey has appointed a Water Court Committee to study and report whether changes in water court rules or statues might be suggested to improve the efficiency and fairness of the water court process, and reduce costs. The committee is soliciting comments from all persons who wish to make suggestions. Further details are available on the web page of the Colorado Judicial branch, Please use the Water Court Committee link on the right side of the web page for further information. Please send comments to Robert Mccallum at robert.mccallum@judicial.state.co.us or address your written comments to Justice Gregory J. Hobbs, Jr., 2 East 14 th Avenue, Denver, Colorado 80203

2 DISTRICT COURT, WATER DIVISION 1, COLORADO JANUARY 2008 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 JANUARY 2008 for each County affected. 08CW2 APPLICATION FOR WATER STORAGE RIGHT AND PLAN FOR AUGMENTATION, INCLUDING APPROPRIATIVE RIGHTS OF EXCHANGE IN JEFFERSON, BROOMFIELD AND WELD COUNTIES. 1. Name, address, telephone number(s) (residence and business of applicant(s): United States of America, c/o United States Department of Energy, Denver Federal Center, Building 55, P.O. Box 25547, Denver, CO , (303) I. APPLICATION FOR WATER STORAGE RIGHTS, 2. Names and legal description of the locations of Reservoirs all ponds are located in Jefferson, Broomfield and Weld Counties: a. Pond A-1 Location: NW1/4 of the NE1/4 Section 11 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 700 feet S. of the N. Section line, and 2050 feet W. of the E. Section line. b. Pond A-2 Location: NW1/4 of the NE1/4 Section 11 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 400 feet S. of the N. Section line, and 1300 feet W. of the E. Section line. c. Pond A-3 : Location: NE1/4 of the NE1/4 Section 11 Township 2 S Range 70 W Spillway distance from section lines: 350 feet S. of the N. Section line, and 200 feet W. of the E. Section line. d. Pond A-4 Location: SW1/4 of the SW1/4 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 400 feet N. of the S. Section line, and 1100 feet E. of the W. Section line. e. Pond B-1 Location: County SW1/4 of the NE1/4 Section 11 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 2100 feet S. of the N. Section line, and 1500 feet W. of the E. Section line. f. Pond B-2 Location: SE1/4 of the NE1/4 Section 11 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 2000 feet S. of the N. Section line, and 1150 feet W. of the E. Section line. g. Pond B-3 Location: SW1/4 of the NE 1/4 Section 11 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 2000 feet S. of the N. Section line, and 850 feet W. of the E. Section line. h. Pond B-4 Location: SW1/4 of the NE1/4 Section 11 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 1900 feet S. of the N. Section line, and 400 feet W. of the E. Section line. i. Pond B-5 Location: NW1/4 of the NW1/4 Section 12 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 500 feet S. of the N. Section line, and 1000 feet E. of the W. Section line. j. Landfill Pond Location: SW1/4 of the SW1/4 Section 2 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 200 feet N. of the S. Section line, and 1300 feet E. of the W. Section line. k. Pond C-1 Location: SW1/4 of the SE 1/4 Section 11 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 100 feet N. of the S. Section line, and 2250 feet W. of the E. Section line. l. Pond C-2 Location NW1/4 of the NW1/4 Section 13 Township 2 S Range 70 W 6 th PM. Spillway distance from section lines: 350 feet S. of the N. Section line, and 400 feet E. of the W. Section line. 3. Source: Pond A-1 North Walnut Creek watershed runoff Pond A-2 North Walnut Creek watershed runoff: Pond A-3 North Walnut Creek watershed runoff Pond A-4 North Walnut Creek watershed runoff Pond B-1 South Walnut Creek watershed runoff Pond B-2 South Walnut Creek watershed runoff: Pond B- 3 South Walnut Creek watershed runoff Pond B-4 South Walnut Creek watershed runoff: Pond B-5 South Walnut Creek watershed runoff: Landfill Pond No Name Gulch watershed runoff: tributary to Walnut Creek Pond C-1 Source Woman Creek watershed runoff: Pond C-2 South

3 Interceptor Ditch runoff: (tributary to Woman Creek) The regional location of the Rocky Flats Environmental Technology Site, where the ponds are located, is illustrated in Figure 1. Specific locations of the ponds are shown in Figure 2 (figures attached). 4. A. Date of appropriation: Ponds A-1, A-2, A-3, A-4, B-1, B-2, B-3, B-4, B-5, and Landfill Pond: Sept. 26, Pond C- 1: December 31, 1955, Pond C-2: December 31, B. How appropriation was initiated: Ponds A-1, A-2, A-3, A-4, B-1, B-2, B-3, B-4, B-5, and Landfill Pond: Formation of intent to appropriate water for all claimed uses, and entry into an agreement with the City and County of Broomfield dated September 26, 2006, regarding augmentation and use of the stored water, as described more fully in paragraph 11 and referred to herein as AAgreement@. Ponds C-1 and C- 2: Construction of the ponds and storage of water.c. Date water applied to beneficial use: Ponds A-1, A-2, A-3, A-4, B-1, B-2, B-3, B-4, B-5, and Landfill Pond: Sept. 26, 2006.Pond C-1: December 31, 1955 Pond C-2: December 31, Amount claimed: The storage capacity of each pond is set forth below. The United States claims the right to fill and continuously empty and thereafter refill each of these ponds in priority, or pursuant to the plan for augmentation set forth herein, in order to hold and test water quality as necessary. Pond A (ac-ft) Pond A (ac-ft) Pond A (ac-ft) Pond A (ac-ft) Pond B (ac-ft) Pond B (acft) Pond B (ac-ft) Pond B (ac-ft) Pond B-5, 71.0 (ac-ft) Landfill Pond Pond C-1, 1.8 (ac-ft) Pond C-2, 69.6 (ac-ft). The water rights for these volumes are claimed ABSOLUTE. 6. Use: Industrial, wildlife, municipal, commercial uses. The water stored in the ponds described in paragraph 2 is held in storage for wildlife and industrial use. The water held in Ponds A-1, A-2, A-3, A-4, B-1, B-2, B-3, B-4, and B-5 and the Landfill Pond may be subsequently released into or past Great Western Reservoir 1and the City and County of Broomfield pursuant to the Agreement dated September 26, 2006 for all municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Applicant requests the Court to decree that the City and County of Broomfield has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to any decree entered in this case and thereafter delivered to Broomfield pursuant to the Agreement. 7. Surface area of high water line at spillway: Pond A- 1 (acres) 1.07 Maximum height of dam (ft) 17 Length of dam (ft)185 Pond A-2 Surface high water (at spillway) (acres) 3.3 Maximum height of dam (ft) 27 Length of dam (ft)257 Pond A-3 Surface high water (at spillway) (acres) 4.61 Maximum height of dam (ft) 33 Length of dam (ft) 380 Pond A-4 (acres) 8.68 Maximum height of dam (ft) 40 Length of dam (ft)1050 Pond B-1 Surface high water (at spillway) (acres) 0.86 Maximum height of dam (ft) 16 Length of dam (ft)200 Pond B-2 (acres) 1.11 Maximum height of dam (ft) 24 Length of dam (ft) 225 Pond B-3 (acres) 0.68 Maximum height of dam (ft) 16 Length of dam (ft) 200 Pond B-4 (acres) 0.38 Maximum height of dam (ft) 16 Length of dam (ft) 200 Pond B-5 (acres) 5.56 Maximum height of dam (ft) 48 Length of dam (ft) 550 Landfill Pond (acres) 2.78 Maximum height of dam (ft) 40 Length of dam (ft) 450 Landfill Pond C-1 (acres) 0.87 Maximum height of dam (ft) 11 Length of dam (ft) 250 Landfill Pond C Maximum height of dam (ft) 32 Length of dam (ft) Total Capacity of reservoir in acre feet: Pond A-1, 4.3 (ac-ft) Active capacity (ac-ft) 0.0 Dead storage (ac-ft) 4.3 Pond A-2, 18.4 (ac-ft) Active capacity (ac-ft) 0.0 Dead storage (ac-ft) 18.4 Pond A-3, 38.0 (ac-ft) Active capacity (ac-ft) 38.0 Dead storage (ac-ft) 0.0 Pond A-4, 98.6 (ac-ft) Active capacity (ac-ft) 88.4 Dead storage (ac-ft) 10.2 Pond B-1, 2.6 (ac-ft) Active capacity (ac-ft) 0.0 Dead storage (ac-ft) 2.6 Pond B-2, 4.6 (ac-ft) Active capacity (ac-ft) 0.0 Dead storage (ac-ft) 4.6 Pond B-3, 2.9 (ac-ft) Active capacity (ac-ft) 2.0 Dead storage (ac-ft) 0.9 Pond B (ac-ft) Active capacity (ac-ft) 0.0 Dead storage (ac-ft) 0.6 Pond B-5, 71.0 (ac-ft) Active capacity (ac-ft) 63.4 Dead storage (ac-ft) 7.6 Landfill Pond 26.8 (ac-ft) Active capacity (ac-ft) 21.1 Dead storage (ac-ft) 5.7 Landfill Pond C-1, 1.8 (ac-ft) 1.8 Active capacity (ac-ft) 0.0 Dead storage (ac-ft) 1.8 Landfill Pond C-2, 69.6 (ac-ft) Active capacity (ac-

4 ft) 68.3 Dead storage (ac-ft) Names and address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: 1. Water will be stored and placed to use on land owned by the U.S. Department of Energy, Environmental Management Consolidated Business Center, 250 E. Fifth Street, Cincinnati, Ohio Water released to the City and County of Broomfield pursuant to the Agreement will be used any place served in the present or in the future by the City and County of Broomfield=s treated water, reuse water, and/or raw water systems. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING APPROPRIATIVE RIGHT OF EXCHANGE 10. Name(s) of structure(s) to be augmented: Ponds A-1, A-2, A-3, A-4, B-1, B-2, B-3, B-4, B-5, and Landfill Pond. 11. Previous decree(s) for water right(s) to be used for augmentation: The United States has entered into the Agreement dated September 26, 2006, with the City and County of Broomfield for use of up to 282 acre feet annually of fully consumable Windy Gap effluent water owned by Broomfield, suitable for augmentation use in this plan. A copy of the Agreement is attached hereto as Exhibit 1. The Windy Gap Project, a transmountain water diversion project, delivers water from the Colorado River Basin to the South Platte River Basin, which water rights are more particularly described in the decrees entered by the Grand County District Court on May 27, 1978 in Civil Action No. 1768, and by the District Court for Water Division No. 5 on October 27, 1980 in Case Nos. W-4001 and 80CW108; on August 26, 1985 in Case No. 85CW135; on November 4, 1985 in Case Nos. 84CW110, 84CW111, and 84CW112; on February 6, 1989 in Case Nos. 88CW169, 88CW170, and 88CW171; on July 19, 1990 in Case No. 89CW298; and/or on August 28, 1995 in Case No. 95CW Statement of plan for augmentation, covering all applicable matters under CRS (9), 302(1)(2) and 305(8). The Department of Energy has discontinued operations, completed decommissioning and decontamination, and successfully completed physical environmental remediation of the facility formerly known as the Rocky Flats Environmental Technology Site in, Colorado. DOE has implemented a system of holding ponds for the purposes of controlling and testing surface waters which collect on the site. Water tributary to Walnut Creek will be captured and stored in Ponds A-1, A-2, A-3, A-4, B-1, B-2, B- 3, B-4, and B-5 and the Landfill Pond described herein. DOE will operate the ponds, including sampling and releasing the water, in accordance with the Resource Conservation and Recovery Act Corrective Action Decision/Comprehensive Environmental Response, Compensation and Liability Act Record of Decision for Rocky Flats, and the long-term regulatory agreement for Rocky Flats management among the DOE, CDPHE and the EPA. DOE contemplates it will release water stored in the A- and B- series ponds after 1) the ponds reach a predetermined percentage of capacity, and 2) the water to be released has been sampled and tested in accordance with the plans listed above. Pursuant to the Agreement with Broomfield dated September 26, 2006, the water released from storage may be delivered into or past Great Western Reservoir for diversion and use, or reuse to extinction, for the following uses by the City and County of Broomfield: all municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Applicant requests the Court to decree that the City and County of Broomfield has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to any decree entered in this case and thereafter delivered to Broomfield pursuant to the Agreement. Out-ofpriority depletions caused by the storage of water in the A- and B- series ponds and the Landfill Pond in the Walnut Creek drainage will be augmented by Broomfield=s release of reusable Windy Gap effluent and/or return flows on behalf of the DOE to meet the DOE=s replacement obligations. Broomfield may release and measure the reusable Windy Gap water at any of the following facilities, so long as the point of release is located to offset out-of-priority depletions

5 above the calling senior water right, and the substituted water is of a quality and quantity so as to meet the requirements for which the water of the senior appropriator has normally been used: a. Great Western Reservoir located in the North 2 of Section 7 and South 2 of Section 6, Township 2 South, Range 69 West of the 6 th P.M. in the City and County of Broomfield, Colorado. b. Broomfield Wastewater Treatment Plant discharge point located in the Southeast 3 of Section 32, Township 1 South, Range 68 West of the 6 th P.M. in the City and County of Broomfield, Colorado. c. Broomfield=s Windy Gap lawn irrigation return flows that return to Big Dry Creek. These returns will only be used as a supply after a quantification method has been approved by the Division 1 Engineer=s Office or Division 1 Water Court. d. Future storage reservoirs in which reusable Windy Gap water may be stored, including the proposed Heit Gravel Pit located in the South 2, Northeast 3 and North 2, Southeast 3 of Section 13, Township 2 North, Range 67 West of the 6 th P.M. in Weld County, Colorado. The water leased from the City and County of Broomfield may be exchanged from the point or points of release to Big Dry Creek upstream to the ponds located at the points described in paragraphs 2.a through 2.j above. The downstream terminus of the exchange reach is the Little Dry Creek confluence with the South Platte River located on the west bank of the South Platte River in the South 2 of the Northeast 3 of Section 12, Township 2 North, Range 67 West of the 6 th P.M. in Weld County, Colorado. The upstream termini of the exchange are the ponds described in paragraphs 2.a through 2.j herein. The exchange reach for this exchange, illustrated in Figure 1, is as follows: from Little Dry Creek confluence with the South Platte River, up the South Platte River, up Big Dry Creek to the confluence with Walnut Creek and up Walnut Creek and its tributaries to the aforesaid ponds, which are illustrated in Figure 2. The priority claimed for this appropriative right of exchange is September 26, The maximum rate of exchange will be 5.0 c.f.s. 13. Name(s) and address(es) of owner(s) of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Water will be stored and placed to use on land owned by the U.S. Department of Energy, Environmental Management Consolidated Business Center, 250 E. Fifth Street, Cincinnati, Ohio Water released to the City and County of Broomfield pursuant the lease agreement will be used at any place served in the present or in the future by the City and County of Broomfield=s treated water, reuse water, and/or raw water systems. 08CW3 LINDA AND LARRY MITCHELL, 7101 W. YALE AVE. #3906, DENVER CO Telephone: (303) APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Mitchell Well, permit # Date of original decree: in case no. 96CW1148 in Water Division 1. Legal description: NE1/4, SE1/4, S24, T9S, R75W of the 6 th PM at a distance 2000 feet from South and 200 feet from East. Street address: 2280 Longbow Dr. Subdivision: Indian Mountain, Lot 160, Filing 3. Source: groundwater. Appropriation date: May 31, Amount:.033 cfs (15gpm). Use: Household use only. Depth: 380 ft. Current well completed and in use since Claim to make absolute: Description of place of use where water is applied to beneficial use; Cabin 2280 Longbow Dr., Jefferson, CO. 08CW4 LORNA F. HAMIL TRUST, % LORNA HAMIL, 2462 FANTAIL CIRCLE, ANCHORAGE, AK Telephone: (907) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Hamil Well. Date of original decree: in case no. 97CW59 in Water Division 1. Legal description: SW1/4, S26, T9S, R75W of the 6 th PM at a distance 2160 feet from South and 2220 feet from West. Street address: 397 Quiver Road. Subdivision: Indian Mountain; Lot 25, Filing 25. Source: groundwater. Appropriation date: May 31, Amount:.033 cfs (15 gpm), conditional. Use: Household only, single family dwelling not including irrigation, return flow from such uses shall

6 be returned to the same stream system in which the well is located. Intends to develop but have not done so as yet. 08CW5 INSPIRATION POINTE, LP, East Mainstreet, Parker, CO 80138, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN DOUGLAS 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 property which is the subject of this application is approximately 77.4 acres of land generally located in the S1/2SE1/4 of Section 5, T6S, R65W of the 6th P.M., as described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section (4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section (10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections (10.7) and (9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R For purposes of this application, Applicant estimates that the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 40 feet 6 acre-feet (NNT) Lower Dawson 40 feet 6 acre-feet (NT) Denver 220 feet 28 acre-feet (NT) Arapahoe 270 feet 35 acre-feet (NT) Laramie-Fox Hills 225 feet 26 acre-feet (NT) 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 wells and additional wells which may be completed in the future as Applicant's well fields. The water requested herein may also be withdrawn in combination with the same type of groundwater in Case No. 2007CW165 and located underlying a contiguous 81.2 acre parcel of land located in the N1/2SE1/4 of Section 5, T6S, R65W, as shown on Attachment A, through wells to be located on the Subject Property or wells to be located on the land which is the subject of Case No. 07CW Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to (2), and (6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers, 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.

7 08CW6 DORIS E. FREEMAN, HWY 30, CHAPPELL, NE Telephone: (308) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Freeman well. Date of original decree: in case no. 96CW1022 in Water Division 1. Legal description: NW1/4, NE1/4, S22, T9S, R75W of the 6 th PM at a distance 250 feet from North and 2640 feet from East. Street address: 1239 Apache Trail. Subdivision: Indian Mountain, Lot 75, Filing 6. Source: groundwater. Appropriation date: Amount:.033 cfs, conditional. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses should be returned to the same stream system in which the well is located. Intend to develop single family home. 08CW7 ANTHONY J AND PAULA M FRERICH, 4323 S. BEECH WAY, MORRISON, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Frerichs Well. Date of original decree: in case no. 96CW972 in Water Division 1. Legal description: NE1/4, SE1/4, S21, T9S, R75W of the 6 th PM at a distance approximately 1660 feet from South and 1050 feet from East. Street address: 818 Pathfinder Rd. Subdivision: Indian Mountain, Lot 37, Filing 3. Source: groundwater. Appropriation date: May 31, Amount:.033 cfs (15 gpm) conditional. Use: Household use only in a single family dwelling not including irrigation. 08CW8 JOHN E AND BARBARA A JOHNSON, PO BOX 215, WOODLAND PARK, CO Telephone: (719) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Johnson Well. Date of original decree: in case no. 97CW22 in Water Division 1. Legal description: NW1/4, NE1/4, S23, T9S, R75W of the 6 TH PM at a distance 500 feet from North and 2640 feet from East. Street Address: 904 Wampum Ln. Subdivision: Indian Mountain, Lot 13, Filing 9. Source: groundwater. Appropriation date: May 31, Amount:.033 cfs (15 gpm), Conditional. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. Continue to develop home building plans. 08CW9 CARROLL W. AND MELISSA S. SCOTT, CR N, FT. MORGAN, CO Telephone: (970) APPLICATION FOR UNDERGROUND WATER RIGHT IN ARAPAHOE COUNTY. Name of well: Section 3 #1. Legal description: NW1/4, S3, T5S, R61W of the 6 th PM at a distance 100 feet from North and 100 feet from West. Street address: 160 acres 4 miles south of Byers on East side of Arapahoe County Road 181. Date of appropriation: File date. Amount claimed: 15 gpm, Conditional. Area of lawns and gardens irrigated: 1. Use: Domestic uses. 08CW10 BRYAN J AND ELIZABETH A VYCE, 1402 CASTLEPOINT CIRCLE, CASTLE ROCK, CO Telephone: (303) APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Kihn Well. Date of original decree: 02/08/2002 in case no. 96CW1068 in Water Division 1. Legal description: SW1/4, NE1/4, S35, T9S, R75W of the 6 th PM at a distance 2600 feet from North and 1850 feet from East. Street address: 1435 Ute Trail (actual address of residence is 1391 Ute Trail). Subdivision: Indian Mountain, Lot 53, Filing 22. Source: groundwater. Appropriation date: May 31, Amount:.033 cfs (15 gpm), conditional. Use: Household use only in a single family dwelling not including irrigation. Return flow from such uses shall be returned to same stream system in which well is located. Second owners of property and well was in place upon taking ownership. 08CW11 MICHAEL OLSON, PLEASANT PARK ROAD, CONIFER, CO Telephone: (303) APPLICATION FOR UNDERGROUND WATER RIGHT IN

8 JEFFERSON COUNTY. Name of well: Olson Well, permit Legal description: NE1/4, NE1/4, S30, T6S, R70W of the 6 th PM at a distance 300 feet from North and 1300 feet from East. Street address: Pleasant Park Road, Conifer, CO Source: Fractures in Granite. Depth: 203 feet. Date of appropriation: January 22, How appropriation was initiated: Permit #28990-A. Date water applied to beneficial use: 1967 (original well installed, replaced 1990). Amount claimed: 15.0 gpm, Absolute. If well is non-tributary: Name of aquifer: Fracture Granite. Amount claimed in acre feet annually: 2.5. Number of acres historically irrigated: 1. total number of acres proposed to be irrigated: 1. Use: Normal in house use, fire protection, irrigation not to exceed 1.0 acres of house lawn and gardens, watering of livestock. 08CW12 Curtis J. Jatkauskas, Jo Circle, Elizabeth, CO 80107, Through Colorado Water Plans, Lisa S. Weinstein, Atty. Reg. #35688, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON, AQUIFERS IN ELBERT COUNTY. 2. Well Permits: The existing domestic well is Permit # It produces from the not nontributary Upper Dawson aquifer. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater from the nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers described in (10.5), C.R.S.and the not nontributary Upper Dawson and Lower Dawson, aquifers, as described in (10.7) and (9)(c), C.R.S. underlying the land are to be located on applicants land in the S/2 of the S/2 Sec 18 and a small part of the NW/4 section of Sec. 19, Township 07 South, Range 64 West of the 6th P.M, Elbert County. The total area of water rights on the applicants land is acres. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights: The sources of the nontributary groundwater to be withdrawn are the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn is the Upper Dawson aquifer.5. Estimated Amounts and Rates of Withdrawal: The groundwater to be withdrawn from the wells at rates of flow necessary to efficiently withdraw the entire decreed amounts from the subject property, which is an area of Acres. The estimated annual amounts available for withdrawal from the aquifers as indicated below, are based on Denver Basin Rules, 2 C.C.R The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrogeology and the legal entitlement of the Applicant to all groundwater in those aquifers underlying the described property Annual Average Sand Specific Withdrawal Aquifer Thickness Yield (%) (Acre Feet) Upper Dawson aquifer feet NNT Lower Dawson aquifer 45.0 feet NT Denver aquifer feet NT Arapahoe aquifer feet NT Laramie-Fox Hills aquifer feet NT One acre foot per year of the nontributary Lower Dawson aquifer groundwater will be reserved for use through the one domestic well, Permit # Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant s Well Field. 7. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, water feature ponds less than 1000 square feet, fish

9 and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletion s from the use of water from other sources and for all other augmentation purposes. 8. Jurisdiction: The Water Court retains jurisdiction over the the material in this application pursuant to (2), and (6), C.R.S. 9. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 10. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 08CW13 John T. Dorman and Shellane D. Dorman, 1968 Carlson Road, Parker, CO 80138, Parker, CO Through Colorado Water Plans, Lisa S. Weinstein, Atty. Reg. #35688, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AND LOWER DAWSON, AQUIFERS IN ELBERT COUNTY. 2. Well Permits: The existing domestic well is Permit # It produces from the not nontributary Upper Dawson aquifer. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater from the nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers described in (10.5), C.R.S.and the not nontributary Upper Dawson and Lower Dawson, aquifers, as described in (10.7) and (9)(c), C.R.S. underlying the land are to be located on applicants land in the SE/4 of The NE/4 Sec 26, Township 06 South, Range 65 West of the 6th P.M, Elbert County. The total area of water rights on the applicants land is acres. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights: The sources of the nontributary groundwater to be withdrawn are the Denver, Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn are the Upper Dawson and Lower Dawson, aquifers.5. Estimated Amounts and Rates of Withdrawal: The groundwater to be withdrawn from the wells at rates of flow necessary to efficiently withdraw the entire decreed amounts from the subject property, which is an area of Acres. The estimated annual amounts available for withdrawal from the aquifers as indicated below, are based on Denver Basin Rules, 2 C.C.R The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrogeology and the legal entitlement of the Applicant to all groundwater in those aquifers underlying the described property Annual Average Sand Specific Withdrawal Aquifer Thickness Yield (%) (Acre Feet) Upper Dawson aquifer feet NNT Lower Dawson aquifer 60.4 feet NNT Denver aquifer feet NT Arapahoe aquifer feet NT Laramie-Fox Hills aquifer feet NT One acre foot per year of the not nontributary Upper Dawson aquifer groundwater will be reserved for use through the one domestic well, Permit # Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant s Well Field. 7. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the

10 following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, water feature ponds less than 1000 square feet, fish and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletion s from the use of water from other sources and for all other augmentation purposes. 8. Jurisdiction: The Water Court retains jurisdiction over the the material in this application pursuant to (2), and (6), C.R.S. 9. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 10. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 08CW14 JERRY E AND CAROLYN J JULIAN, 7599 S. ARGONNE ST., CENTENNIAL, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Julian Well. Date of original decree: in case no. 97CW21 in Water Division 1. Legal Description: SE1/4, NW1/4, S21, T9S, R75W of the 6 th PM at a distance 1750 feet from North and 1650 feet from West. Street address: 1233 Teton Tr. Subdivision: Indian Mountain, Lot 24, Filing 5. Source: groundwater. Appropriation date: May 31, Amount:.033 cfs. Use: Household use only for a single family dwelling. Plan to use the water for future development of the property. 08CW15 JOHN A AND MICHELLE D SIMPSON, 8585 W. 66 TH CIRCLE, ARVADA, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Simpson Well. Date of original decree: in case no. 97CW20 in Water Division 1. Legal description: NE1/4, SW1/4, S21, T9S, R75W of the 6 th PM at a distance 1500 feet from South and 1800 feet from West. Street address: 53 Teton Ct., Como, CO. Source: groundwater. Appropriation: May 31, Amount: 15 gpm. Use: household only. Continue to plan for future building. 08CW16 LARRY AND KARLA LANGTON, 6958 SOUTH HILL STREET, LITTLETON, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Langton Well. Date of original decree: in case no. 96CW1150 in Water Division 1. Legal description: SE1/4, NE1/4, S22, T9S, R75W of the 6 th PM at a distance 2350 feet from North and 600 feet from East. Street address: 222 Chief Tr. Subdivision: Indian Mountain, Lot 42, Filing 7. Were points averaged: No. Source: groundwater. Appropriation date: May 31, Amount:.033 cfs, (15gpm), Conditional. Use Household use only in a single family dwelling not including irrigation. Depth: Not known. Continue to plan for future use. 08CW17, David A. Petrocco and Susan K. Petrocco, David Petrocco Farms, Inc., Petrocco Family Limited Partnership, LLLP, Brighton Rd., Brighton, CO 80601, , Joseph P. Petrocco, Brighton Road, Brighton, CO 80601, (Steven P. Jeffers, Esq. and Matthew Machado, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., 515 Kimbark Street, P.O. Box 978, Longmont, Colorado , ). APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ADAMS COUNTY 2. Legal Description of the Subject Properties: Applicants own an estimated acres of land consisting of four parcels (the Subject Properties ) located in the NW1/4 of Section 24, Township 1 South, Range 67 West, of the 6th

11 P.M., Adams County, Colorado, as depicted on the attached EXHIBIT E and more particularly described as follows: Parcel A: Lot 3, Petrocco Subdivision (see plat attached as EXHIBIT A). Parcel B: Beginning at the Northeast corner of the S1/2 of the NW1/4 of Section 24, thence South 0 degrees 19 minutes 55 seconds East feet to a point feet North of the Center of said Section, thence West feet, thence North 0 degrees 19 minutes 55 seconds West feet, thence West feet to a point on East right-of-way line of County Road 31, thence North 34 degrees 43 minutes 20 seconds East along said Easterly rightof-way line feet, thence North 34 degrees 24 minutes 25 seconds East feet, thence South 89 degrees 54 minutes 05 seconds East feet to the point of beginning; Except that portion that may lie within the N1/2 of the NW1/4 of said section 24; and Except a parcel described as beginning at the Northeast corner of the S1/2 of the NW1/4 of Section 24 thence South feet to a point feet North of the center of said Section; thence West feet to the true point of beginning; thence continuing West feet to a point on the Easterly right of way line of County Road 31; thence North 35 degrees 43 minutes East along said Easterly right of way line feet; thence East feet; thence continuing South feet to the true point of beginning (parcel excepted 3.03 acres, more or less). Parcel C: That portion of the N1/2 of the N1/4 which lies East of the East line of the County Road commonly known as Brighton Road, described as follows: beginning at the NE corner of said NW1/4 of said Section 24, thence South 1320 feet, thence West 1755 feet to the Easterly boundary line of said County Road, thence North 32 degrees 26 minutes East on the Easterly boundary line of said County Road 1584 feet to the North line of said NW quarter section, thence East 897 feet to the point of beginning. Parcel D: Beginning 30 feet South of the North quarter corner of Section 24, thence East feet more or less to centerline of Third Creek thence along said centerline as follows: South 33 degrees 18 minutes East feet; South 60 degrees 10 minutes East feet to point on Westerly right-of-way line of Highway 85; thence South 23 degrees 38 minutes West along said right-of-way line feet to point on South line of said NW1/4 NE 1/4; thence West feet to the Southwest corner said Section; thence North feet to the point of beginning. Deeds and Adams County Tax Assessor information for each parcel are attached as EXHIBITS A through D. 3. Well Permits: Well Permit No F is the only well permit for nontributary ground water beneath the Subject Properties. Well Permit F is completed in the Lower Arapahoe aquifer and is located in the SE 1/4 of the NW1/4 of Section 24, Township 1 South, Range 67 West, of the 6th P.M., Adams County, Colorado, at point approximately 2100 feet South of the North section line and 1370 feet east of the West section line of said Section 24. That well is used for vegetable washing and cooling and domestic uses. Since that permit was issued, the land upon which it is located was subdivided. Based on this subdivision, Applicants seek a determination as to the amount of water available in the Lower Arapahoe aquifer under the Subject Properties as currently subdivided, including the amounts allocated to the Well Permit No F. Well permits for additional wells to be constructed shall be applied for at such time as the Applicants or their successors, heirs or assigns are prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 4. Source of Water: 4.1 Applicants request the right to withdraw and use all physically and legally available water from the aquifers underlying the subject properties. The ground water to be withdrawn by Applicants from the Laramie-Fox Hills and Lower Arapahoe aquifers on the Subject Properties is nontributary ground water as defined in Section (10.5), C.R.S. Applicants seek a determination as to the amount of water available from the Upper Arapahoe aquifer below the Subject Properties, and whether that ground water is nontributary. Applicants will comply with the requirement to relinquish to the surface stream system two percent (2%) of all such nontributary ground water withdrawn on an annual basis and to obtain judicial approval of a plan for

12 augmentation prior to using any not-nontributary ground water. Otherwise, said water may be fully consumed to extinction for all beneficial uses. 4.2 Estimated Depth: Future wells will be completed to the bottom of the aquifers. The existing Lower Arapahoe Well No F was drilled to an estimated depth of 216 feet. Actual well completion depths may vary from this estimate based on actual conditions below the overlying land. 5. Estimated Amount and Rate of Withdrawal: The wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The estimated average annual amounts of ground water available for withdrawal by the Applicants are based upon information contained in the Denver Basin Rules, 2 C.C.R Applicants estimates of the acreage, saturated sand thickness, specific yield and annual entitlements from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers for each parcel are as follows: Parcel Upper Arapahoe Aquifer Estimated Saturated Sand Specific Number of acres Thickness (ft) Yield A B C D totals Entitlement (acre feet/yr) Parcel Lower Arapahoe Aquifer Estimated Saturated Sand Specific Entitlement Number of acres Thickness (ft) Yield (acre feet/yr) A B C D totals Parcel Laramie-Fox Hills Aquifer Estimated Saturated Sand Specific Entitlement Number of acres Thickness (ft) Yield (acre feet/yr) A B C D totals Actual acreage, saturated sand thickness, specific yield and annual entitlements for each parcel may vary based on updated information or the actual conditions below the overlying land, and replace the estimates herein without the republication of this application. 6. Well Fields. To the extent contiguity is established pursuant to Denver Basin Rules, 2 C.C.R , for each aquifer Applicants may combine the entitlements for the Subject Properties and withdraw from one or more wells located anywhere on the Subject Properties, subject to the requirements of Statewide Nontributary Ground Water Rule 11. Applicants will file well permit applications with the State Engineer pursuant to Section (10), C.R.S. prior to

13 construction of any wells. Applicants specifically seek to withdraw all of the legally available ground water from the Lower Arapahoe aquifer lying below the Subject Properties through the existing Well No F and any other wells which may be completed in the future on the Subject Properties. Applicants will obtain a new well permit for Well No F as necessary. 7. Proposed Uses. Applicants intend to use, reuse, and successively use for municipal, domestic, agricultural, commercial, industrial, irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Properties as a well field, including use by lessees or assignees. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-ofpriority depletions. 8. Name and Address of Owner of the Lands. Applicants. Attached as EXHIBITS A through D are records from the Adams County Tax Assessor showing Applicants ownership of the land. Applicants will provide notice to every person who has a lien, mortgage or deed of trust on the Subject Properties as required by Section (2), C.R.S. 9. Determination Sought Herein: 9.1 Applicants seek a determination that all of the ground water underneath the Subject Properties may be withdrawn subject to the terms and conditions included in a decree to be entered in this case, and that the Applicants have a vested right to use said ground water. 9.2 Applicants are the owners of the overlying land, or have the consent of the owner of the overlying land to adjudicate all such ground water underlying said land. The average annual amount determined to be available in the decree can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decree are complied with. 9.3 Applicants ask the Court to determine that Applicants have the right to withdraw all Denver Basin aquifer ground water under the Subject Properties through any wells initially permitted under Section (10), C.R.S in such aquifers, and any additional wells which may be permitted and completed in the future on the Subject Properties. 9.4 Applicants request that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of nontributary ground water. 9.5 Applicants claim the right to withdraw more than the average annual amount estimated in this application pursuant to Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R Although the Applicants have estimated the amount of water available for withdrawal from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, Applicants request the right to revise those estimates upward or downward based on the findings of the State Engineer or actual data or better data made available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicants request the right to invoke the retained jurisdiction of the Court provided for in Section (11), C.R.S. to adjust the amount of water available for withdrawal from such aquifers. 9.7 Applicants also request that a determination of whether the Upper Arapahoe aquifer below the Subject Properties is nontributary, and if so, Applicants also request a determination of their right to use the same in the same manner as is claimed herein for the nontributary aquifers. WHEREFORE, Applicants request this Court to enter a decree: 10. Granting the application herein and awarding ground water rights from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, except as to those issues for which the Court will specifically retain jurisdiction; 11. Determining that Applicants have complied with Section (4), C.R.S., and water is legally available for withdrawal by Applicants through the wells proposed herein; 12. Retaining jurisdiction to provide for adjustment of the amount of water available for

14 withdrawal by Applicants from such aquifers based on actual local aquifer characteristics, and authorizing Applicants to invoke the Court s retained jurisdiction at any time after such data becomes available, pursuant to Section (11), C.R.S.; 13. Determining that the withdrawal of nontributary ground water under the Subject Properties will not materially injure the vested or conditionally decreed water rights of others; 14. Determining that the allocation of such ground water is not based on appropriations, and no findings of diligence shall be required to maintain these rights; and 15. Such other relief as the Court deems proper in this matter. 08CW18. Central Colorado Water Conservancy District and Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, c/o Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Windsor, CO, 80550, (970) Application for Finding of Reasonable Diligence in MORGAN and WELD COUNTIES. 2. Conditional Water Right. 2.1 Name of Structure. Milliron and Kiowa Recharge Project. 2.2 Decrees. Case No., 81CW382, 93CW024, 00CW81, Water Division No Legal Description of Structures Milliron Facility. Located in part of Sections 16 and 21, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado Kiowa Facility. Located in part of Sections 10, 11, 14, 15, 22 and 23, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. 2.4 Legal Description of Diversion Points Milliron Facility. At a headgate on the Bijou Canal where the canal intersects Milliron Draw in the Northeast 1/4 of Section 21, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado, water being delivered to said point from the South Platte River through the Bijou Canal the headgate for which is located in the Northeast Quarter of Section 13, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado; or by a pump located at the intersection of Milliron Draw and the South Platte River in the North 1/2 of Section 16, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado to the Milliron Facility Kiowa Facility. At a headgate on the Bijou Canal where the canal intersects Kiowa Creek in the Northeast 1/4 of Section 22, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado water being delivered from the South Platte River through the Bijou Canal headgate as described above. 2.5 Source of Water. South Platte River and its tributaries. 2.6 Appropriation. December 17, 1981 for 2,400 acre-feet; March 7, 1982 for 5,000 acre-feet. 2.7 Amount. A total of 6, acrefeet are decreed absolute; 2,400 a.f. of the December 17, 1981 appropriation and 3, a.f. of the March 7, 1982 appropriation. The remaining amount of the March 7, 1982 appropriation, a.f., remains conditional. 2.8 Use.Augmentation, recharge, replacement and exchange. 3. Outline of What Has Been Done Toward Completion. 3.1 Applicants have diverted and recharged water during the diligence period as follows: 2002, a.f.; 2003, a.f.; 2004, 0.0 a.f.; 2005, a.f.; 2006, a.f.; a.f. Due lack of water supply in the South Platte River, Applicant has not been able to divert under it s priorities more than the 6, acre-feet per year already made absolute during this diligence period. 3.2 On January 8, 2004 Applicants purchased a perpetual easement for acres used by the Kiowa facility at a cost of $11, On May 21, 2004 Applicants leased 1,276 acre feet of excess project accretions to the Orphan Wells of Wiggins, LLC (OWW). 3.4 Applicants have been working toward the construction of a fourth pond, Kiowa No. 4. Applicants sought to purchase an easement on 160 acres in the SE1/4 of Section 10, Township, 4 North, Range 60 West of the 6 th P.M., Morgan County on which to construct Kiowa No. 4. Applicants were not successful, but in 2004 Orphan Wells of Wiggins, LLC, (OWW) purchased the property. Applicants entered into an Agreement with OWW on August 14, 2004 which Agreement provides that OWW would construct the Kiowa No. 4 facility for use by Applicants and in exchange Applicants would assign to OWW 1/2 the accretion credits from the Milliron and Kiowa Project. OWW filed an Application for an augmentation plan using the Milliron and Kiowa project credits, in Case No. 04CW84 and also filed Substitute Water Supply Plans with the State Engineer for use of its 1/2 of