DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2007 WATER RESUME PUBLICATION

Transcription

1 DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2007 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 AUGUST 2007 for each County affected. 07CW171 RODNEY J. AND SANDRA E. KAPPERT, WCR 15, CARR, CO 80612, PO BOX 1004, WELLINGTON, CO Telephone: (970) APPLICATION FOR UNDERGROUND WATER RIGHT IN WELD COUNTY. Well, permit located NW1/4, SE1/4, S7, T9N, R67W of the 6 th PM at a distance 1900 feet from South and 2250 feet from East. Source: groundwater. Depth: 660 feet. Date of appropriation: 10/07/02. How appropriation was initiated: Air Percussion Drilling. Date water applied to beneficial use: 10/07/02. Amount claimed: 5 gpm. Name of Aquifer: Dakota/Cheyenne. Number of acres historically irrigated: 1. Total number of acres proposed to be irrigated: 1. Legal description of the land irrigated: S1/2 of the N1/2 of the S1/2 of S7, T9N, R67W of the 6 th PM. Area of lawns and gardens irrigated: 1 acre. If non-irrigation describe purpose fully: Livestock. 07CW172 BRETT AND TARA KAYSEN, WCR 96, NUNN, CO Telephone: (970) APPLICATION FOR UNDERGROUND WATER RIGHT IN WELD COUNTY. Well, permit located NW1/4, NW1/4, S12, T8N, R67W of the 6 th PM at a distance 300 feet from North and 1011 feet from West. Street address: WCR 96. Source: groundwater. Depth: 540 ft. Date of appropriation: 05/06/2003. How appropriation was initiated: Well permit was issued. Date water applied to beneficial use: March Amount claimed: 15 gpm Absolute. Name of Aquifer: Laramie-Fox Hills. Amount claimed in acre feet annually: 3 acre feet. Area of lawns and gardens irrigated: 1 acre. If non-irrigation, describe purpose fully: Home, domestic animals and lawn/garden irrigation. 07CW173 JEANNIE GULSTRAND VERDERAME, Manor Rd. Excelsior, MN Telephone: (952) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Hardman Well. Date of original decree: July 31, 2001 in Case No. 96CW977 in Water Division 1. Legal description: NW1/4, NW1/4, S34, T9S, R75W of the 6 th PM at a distance 520 feet from North and 1270 feet from West. Street address: 55 Mallard Road. Subdivision: Elkhorn Ranches; Lot 151; Filing 5. Source: Groundwater. Appropriation date: Dec. 31, Amount:.033 cubic feet per second (15 GPM). 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. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: Currently have two children in college and will wait until they graduate before proceeding with any building plans. At that point, however, I do plan to build a small single-family dwelling not including irrigation. Water would be for household use only and the return flow shall be returned to same stream system in which the well is located. 07CW174 JOSEPH W. KIRKWOOD, 6961 PIERSON ST., ARVADA, CO Telephone: (303) APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Kirkwood Well. Date of original decree: in Case No. 96CW767 in Water Division 1. Legal description: NW1/4, NW1/4, S1, T8S, R76W of the 6 th PM at a distance 1160 feet from North and 1140 feet from West. Street address: 246 French Pass Circle. Subdivision: Michigan Hill; Lot 52. Source: Groundwater. Appropriation date: Amount: 15 GPM,.033 Cu. Ft. Use: Household. Depth: 525'. Provide a detailed outline of what 1

2 has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Well construction permit #65816, $100.00; Well construction drilling and casing, $ ; Pump, water lines, pressure tank and electrical, $ If claim to make absolute, date water applied to beneficial use: ; Amount 5 GPM; Use; Residential. Description of place of use where water is applied to beneficial use: Mountain home. 07CW175 KAREN SUE DOUB, 2136 S. NELSON ST., LAKEWOOD, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Structure: Well. Date of original decree: in Case No. 96CW754 in Water Division 1. Legal description: SE1/4, NW1/4, S13, T9S, R74W of the 6 th PM at a distance 1900 feet from North and 1700 feet from West. Street address: 763 Bear Gulch Way. Subdivision: Lost Park Ranch; Lot 151; Filing 1. Source: groundwater. Appropriation date: Amount: 15 GPM (conditional). Use: Household use only inside a single family residence. No outside use. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed. Develop road; Maintain property. 07CW176 FLOYD DUNSTAN, 63C MARINERS POINT LANE, HARTFIELD, VA Telephone: (804) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Dunstan Well. Date of original decree: in Case No. 96CW644 in Water Division 1. Legal description: SW1/4, NE1/4, S4, T10S, R75W of the 6 th PM at a distance 1595 feet from North and 1570 feet from East. Street address: 6241 Remington Rd. Subdivision: Elk Horn Ranch; Lot 061; Filing 4. Appropriation date: Amount:.033 cubic feet (15 GPM). Use: Household use only, not including irrigation. 07CW177, PAGEL S TRAILER PARK, Cty. Rd 19, Fort Morgan, Colorado Phone number of (970) APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION IN MORGAN COUNTY. 2. Names of structures to be augmented: The wells listed and described in the following table: Well Name Permit no. Court Appr. Date Amt Use Decree (c.f.s.) Pagel Well No F W-1264 April 5, Muni Pagel Well No F W-1264 April 5, Muni 3. Water Rights to be used for augmentation: A. Water rights associated with Applicant s prorata interest in 1 share of Jackson Lake Reservoir and Irrigation Company. In addition, Applicant seeks approval to add water rights it acquires through lease or purchase to be used as replacement sources for this plan for augmentation, including excess augmentation credits of the Fort Morgan Reservoir and Irrigation Company decreed in W-2692, District Court, Water Div. 1. Any final decree entered for this augmentation plan may include procedures to allow additional alternative sources of replacement water including water leased on a yearly or less frequent basis to be used in the plan after the initial decree is entered if the use of said additional alternative source is part of an approved substitute water supply plan, water court decree or is otherwise lawfully available for such use. B. Decree Information: The Jackson Lake Reservoir and Irrigation Company owns and operates Jackson Lake Reservoir. (1) Dates and amount of original decree: Case No. Appropriation Date Adjudication Date Amount (a.f.) 2

3 CA2142 May 18, 1901 January 15, ,992 CA2142 May 18, 1901 May 11, CA16704 December 31, 1929 June 8, , (2) Legal description of point of diversion: the headgate of the inlet canal is the North bank of the South Platte River, 900 feet South and 200 feet West of the Center of the SE1/4 of Section 18, Township 4 North, Range 61 West of the 6 th P.M., Weld County, Colorado. (3) Source: South Platte River. (4) Decreed use: Supplemental Irrigation. C. Historical Use. The Water Court has previously quantified the historic use of the same type of shares to be used for replacement water, and Applicant proposes to use the consumptive use and return flow obligations found in such decree, unless changed circumstances indicate a different historic use should be used. 4. Statement of Plan for Augmentation: Applicant owns and operates an 85 unit trailer park near Fort Morgan, Colorado. The wells identified in the table above are used for domestic supply and limited outside irrigation of approximately 2 acres. To the extent that pumping from the wells cause depletions that are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount to the extent necessary to prevent injury to other vested or decreed conditional water rights. A. Operation of Plan. When the alluvial well depletions from the wells are out of priority, Applicant intends to utilize Applicant s 1 share of the Jackson Lake Reservoir and Irrigation Company as well as other approved sources consistent with C.R.S (8) to meet replacement obligations associated with pumping from the wells. Applicant claims the right to make successive reuse of the consumable portion of the water to extinction either through recapture or by exchange. In addition to the above share, Applicant may use other water rights it acquires through lease or purchase as a replacement source so long as such rights are lawfully available for use as a replacement supply. B. Depletions. Applicant s estimated total average annual consumptive use is approximately 7.44 acre feet. Use of the wells result in delayed depletions to the South Platte River. Any such delayed depletive effects will be accounted for and administered consistent with requirements of the Division Engineer and C.R.S (8) so as to prevent injury to other vested water rights. C. Return Flows. Applicant claims the re-appropriation of historic return flows for the Reservoir company s shares and will maintain the same only for calls senior to the date of the filing of this Application. 07CW178, English Feedlot 3, LLC, 1411 County Road 2, Wiggins, CO (Steven P. Jeffers, Esq., Matthew Machado, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO , (303) ). APPLICATION FOR CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION IN MORGAN COUNTY. CHANGE OF SURFACE WATER RIGHTS 2. Decreed names of structures for which change is sought. Applicant seeks to change its pro rata share of the water rights decreed to the Upper Platte and Beaver Canal ( UP&B ) based on ownership of sixteen (16) shares of the approximately 1,187 outstanding shares of the Upper Platte and Beaver Canal Company ( the Company ). 2.1 Previous decrees for the UP&B direct flow water rights: Case No. 433, Weld County District Court, entered November 21, 1895 for 15 c.f.s. with an appropriation date of April 20, 1868 and transferred to UP&B in Case No. 2283, Weld County District Court, decree entered November 5, Case No. 6009, Arapahoe County District Court, decree entered April 28, 1883 for 5.17 c.f.s. with an appropriation date of May 15, 1869 and transferred to UP&B in Case No , District Court, City and County of Denver, decree entered January 8, 1910 and Case No. 2360, Weld County District Court, decree entered January 19, Case No. 433, Weld County District Court, entered November 21, 1895 for 50.0 c.f.s. with an appropriation date of June 20, 1882 and for c.f.s. with an appropriation date of April 15, 1888 and transferred to the UP&B in Case No , Weld County District Court, decree entered September 8, Type of water right: Direct flow. 2.3 Point of diversion: The headgate of the UP&B is located on the South Platte River in Morgan 3

4 County, Colorado, at a point whence the SE corner of Section 35, T4N, R58W, 6th P.M. bears S. 13º 57 E, feet. 2.4 Source: South Platte River. 2.5 Decreed use: Irrigation. 2.6 Location of Use and Summary of Historical Diversions: The location of use of Applicant s sixteen shares has been on Applicant s lands served by the UP&B, as depicted on the Map attached hereto as EXHIBIT A, and a summary of historical diversions is attached as EXHIBIT B. 2.7 Historic use: The water rights described above have historically been used for irrigation on lands under the UP&B pursuant to the aforementioned decrees. The UP&B direct flow water rights represented by Applicant s 16 shares were used historically primarily to irrigate portions of approximately 160 acres of ground located in the SW1/4 of Section 26, T4N, R56W of the 6 th P.M., Morgan County, Colorado ( Applicants property ). 3. Proposed changes: Applicant requests approval of a change in type of use of the subject water rights to allow continued use for irrigation on Applicant s property, and alternatively, to be used for augmentation, replacement, and recharge to replace out of priority stream depletions caused by pumping of Applicant s three wells, which wells are located on the said 160 acres and supply water used in feedlot operations on said 160 acres. Applicant s changed UP&B shares will be delivered to recharge sites and/or to storage for later delivery to the recharge sites as described below, or, alternatively, a portion of the subject water rights may be left in the South Platte River. Such change shall include the right to use and reuse and fully consume the historic consumptive use portion of the water rights for such purposes. Applicant proposes to dedicate to this plan a sufficient number of shares to the extent needed to use the subject water rights for the changed purposes. Applicant requests a determination of the full historic use of Applicant s pro rata entitlement to the subject water rights in order to develop a formula to allow conversion of the water rights for the new uses. Applicant will dry up a portion of the 160 acres and otherwise restrict the use of the changed shares dedicated to augmentation uses as necessary to prevent an expansion in use of the changed water rights. Applicant shall replace the return flows from the changed shares in a manner that replicates the historical pattern of return flows in time, location and amount, as necessary to prevent injury to vested water rights. CHANGE IN UNDERGROUND WATER RIGHTS 4. Description of wells and proposed changes: Applicant seeks to change the locations of two alluvial wells that serve Applicant s feedlot from their decreed locations on Applicant s property to their actual locations on Applicants property. Applicant also seeks approval of a change in point of diversion of a third alluvial well that serves the feedlot and to include a fourth well as an alternate point of diversion. The four wells are referred to hereafter as the Feedlot Wells. The three original Feedlot Wells were adjudicated in Case No. W-3263a, W-3263b, and W-3263c, Water Division No. 1, decrees entered November 23, 1977, for stockwatering on Applicant s 160 acres. Applicants are not seeking to change the type of use or amounts decreed for those three wells. Copies of the decree and well permit documents are attached as EXHIBITS C and D, respectively. A map of the decreed locations and actual well locations is attached as EXHIBIT E. 4.1 Description of the wells: Well Name Permit No. Appropriation Decreed Decreed Use Date Amount Well No R-R 9/23/ cfs Watering 7500 head livestock Well No F 10329F 10/6/ cfs Watering 7500 head livestock Well No. 14 none 12/31/ cfs Livestock watering 4.2 Well locations. Pursuant to the decree in decree in Case No. W-3263, the three original wells are located in the SW1/4 of Section 26, Township 4 North, Range 56 West of the 6 th P.M., Morgan County, Colorado, as follows: 4

5 Decreed Locations Well Name Quarter Quarter Feet from South Line Feet from West Line Well No NE Well No F NE Well No. 14 SW The proposed locations are in the SW1/4 of Section 26, Township 4 North, Range 56 West of the 6 th P.M., Morgan County, Colorado, as follows: Actual Locations Well Name Quarter Quarter Feet from South Line Feet from West Line Well No (NA: not changed) Well No F NW Well No F SE Well No. 14 SW Decreed source: Ground water tributary to the South Platte River for all wells. 4.4 Alternate point of diversion: Well No F will operate as an alternate point of diversion for Well No Well No will continue to serve as a backup well for the feedlot. However, the cumulative rate for Well Nos and F will not exceed the rate decreed for Well No in Case No. W-3263a. PLAN FOR AUGMENTATION 5. Names of Structures to be augmented: This plan is intended to augment the Feedlot Wells to the extent the use of such wells may cause out-of-priority depletions and to replace historical return flows from the changed use of the Applicant s shares. 6. Description of water rights to be used for augmentation: 6.1 Applicant s pro rata interest in the water rights described in paragraph 2 above, which may be left in the stream or delivered to Applicant s recharge site to be constructed on Applicants property or other recharge structures under the UP&B for which Applicant obtains permission to use. 6.2 Some or all of Applicant s pro rata share of the recharge credits decreed for use under the UP&B to the extent such credits are not necessary to augment depletions from Applicant s JA Farms Well No (ID. No. 6992), which well is located on and used for irrigation of a portion of said 160 acres Previous decrees for the recharge credits from the UP&B: Case No. W-2968, District Court, Water Division No. 1, entered November 22, 1983 and Case No. 87CW242, District Court, Water Division No. 1, entered February 8, Case No. W-2968 was amended by the Findings of Fact, Conclusions of Law, Judgment and Decree Amending Plan for Augmentation entered on April 17, Point of diversion: Headgate of the UP&B as described above. Recharge facilities are located under the UP&B and are described more fully in the decrees in Case Nos. W-2968 and 87CW Source: South Platte River Amount: c.f.s., with average annual diversions over any ten year period not to exceed 12,000 acre feet Appropriation date: June 12, Decreed use: Augmentation of certain wells under the Upper Platte and Beaver Canal Company. 6.3 The Company has a pending application in Case No. 2002CW401 in which the Company seeks approval for amendments to its plan for augmentation and quantification of additional recharge credits. Applicant claims the right to use the recharge credits in this plan as may be modified by Case No. 2002CW401, including the right to use for augmentation Applicant s pro rata share of the credits derived from the Company s 50 shares of capitol stock in the Morgan- Prewitt Reservoir Company, 33 shares of the capital stock of the Jackson Lake Reservoir and Irrigation Company, 31 shares of the capital stock of the Riverside Reservoir and Land Company, and augmentation wells described therein. 6.4 Other recharge credits leased or purchased by Applicants from other recharge plans decreed for use in the Lower South Platte River. Applicant shall obtain permission from the State Engineer prior to using such credits and account for transit losses if necessary. 7. Statement of the Plan for Augmentation: Applicant plans to divert water tributary to the South Platte River through the Feedlot Wells described above for continued feedlot uses on Applicant s property, which will cause out-of-priority depletions to the South Platte River at times. Total average annual well pumping and depletions are estimated to be no 5

6 more than approximately 120 acre feet per year. Well pumping will be metered. The feedlot uses are considered to be 100% consumptive, as the wastewater is delivered to an evaporative wastewater lagoon. The amount of diversions and consumptive use may vary depending upon the number of cattle on the feedlot and weather conditions. The timing and amount of actual stream depletions will be lagged to the South Platte River using Glover analytical methods. Applicant will replace net out of priority depletions in amount, time and location as needed to prevent injury to senior vested water rights. Such depletions will be replaced by removing the use of a portion of Applicant s surface water rights described in paragraph 2 from use on all or a portion of the historically irrigated lands, and delivering the historical consumptive use portion of said water rights to the river at or above the senior calling water rights. A portion of the subject water rights may be bypassed at the ditch headgate, diverted and measured back to the stream through an augmentation station to the extent Applicant has permission to use such structure, or diverted and delivered into storage and recharge structures located on Applicant s property or other recharge sites under the ditch that Applicant obtains permission to use. The use of the storage and recharge structures will allow Applicant to deliver water back to the South Platte River throughout the year as needed to replace net out of priority depletions, or to satisfy Applicant s winter return flow or other replacement obligations. The recharge site or sites and reservoirs will be constructed on Applicant s property shown on Exhibits B and E. The exact location and size of the recharge site(s) and reservoirs on Applicant s property have not yet been determined. The recharge structures will be constructed and operated according to the Recharge Protocol by the Division of Water Resources, Division One, revised March 1, Applicant shall only use other recharge sites under the UP&B system if Applicant obtains the right to do so. Applicant will continue to divert under its surface water rights the amount of water which was diverted for the historical uses of said water rights, and will replace the return flows which historically would have occurred at the place and time and in the amounts they would have occurred had the use not been changed, to the extent necessary to prevent injury to other water users. If this water is used for continued irrigation in the historical manner, no return flow obligation shall be incurred. Applicant may use the aforementioned recharge credits to replace such return flows. 8. Names and addresses of the owners of land on which the structures are or will be located, upon which the water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns all of the land upon which the wells and recharge facilities are or will be located and upon which the water will be used. Upper Platte and Beaver Canal and headgate is owned by Upper Platte and Beaver Canal Company, c/o of Terry Larsen, P.O. Box 69, Fort Morgan, CO CW179 NORLAN AND NIKI STEVENSON, COUNTY RD 19, NUNN, CO Telephone: (970) APPLICATION FOR UNDERGROUND WATER RIGHT IN WELD COUNTY. Name of Well: Stevenson, permit located NW1/4, NW1/4, S15, T9N, R67W of the 6 th PM at a distance 366 feet from North and 161 feet from West. Street Address: CR 19. Were points averaged: No. Northing: , Zone 13. Source: groundwater. Depth: 725 ft. Date of appropriation: How appropriation was initiated: permit and driller. Date water applied to beneficial use: Amount claimed: 15 gpm, Absolute. Proposed use: If irrigation, number of acres historically irrigated: 1. Total number of acres proposed to be irrigated: 1. Legal description of land irrigated: NW1/4, NW1/4, S15, T9N, R67W of the 6 th PM. If non-irrigation, describe purpose fully: Domestic. 07CW180 HOWARD M. AND LAUREL J. WILLIAMS, WCR 15, CARR, CO Telephone: (970) APPLICATION FOR UNDERGROUND WATER RIGHT IN WELD COUNTY. Structure: Unnamed well, permit A located SW1/4, SE1/4, S7, T9N, R57W of the 6 th PM at a distance 900 feet from South and 2580 feet from East. Street Address: WCR 15, Carr, CO Source: Groundwater. Depth: 840 feet deep. Date of appropriation: How appropriation was initiated: By the issuance of a state 6

7 well permit. Date water applied to beneficial use: Amount claimed: 15 gpm Absolute. Name of Aquifer: Fox Hill Sand. Amount claimed in acre feet annually: one acre foot of water per year. Proposed use-number of acres historically irrigated: approximately 1.0. Area of lawns and gardens irrigated: No lawn, garden is 20 feet by 20 feet. Use: Household use, garden 3 horses, 6 head of cattle. 07CW Applicants: Fawn Valley Chalet, Inc., c/o Anne Blair, 2760 Fall River Road, Estes Park, CO APPLICATION FOR CHANGE OF WATER RIGHT IN LARIMER COUNTY. Future correspondence and pleadings to: Sara J.L. Irby, Fischer, Brown & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) Name of well and permit: Fawn Valley Chalet Well No A (formerly Well No ). 3. From Previous Decree: Case No. W-5722, entered June 9, 1975, Water Court, Water Division No. 1, State of Colorado. A. Legal Description of Well: Well No A s decreed location in Case No. W-5722 is the NE 1/4 of the SE 1/4, Sec. 16, T5N, R73W, of the 6 th P.M., Larimer County, CO, at a point 790 feet from the east section line and 1585 feet from the south section line of said Sec. 16. B. Source: Ground water. C. Appropriation Date: September 14, D. Amount claimed: 0.02 c.f.s. E. Historic Use: Domestic, sewage treatment, recreational and irrigation of less than one acre around the Fawn Valley Chalet and Inn located in the NE 1/4 of the SE 1/4 of Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO. 4. Proposed Change: Applicant proposes to change the decreed location of Well No A to conform to the actual location of the Well, as follows: A. Well No A: NE 1/4 of the SE 1/4, Sec. 16, T5N, R73W, of the 6 th P.M., Larimer County, CO, at a point 486 feet from the east section line and 1686 feet from the south section line of said Section To the extent necessary to conform the Well herein with the change in point of diversion requested in this application, Applicant will obtain a new well permit for the structure named herein. 6. Applicant will not pump this Well unless pursuant to a decreed augmentation plan. 7. Ownership: Fawn Valley Chalet, Inc., c/o Anne Blair, 2760 Fall River Road, Estes Park, CO CW Applicants: Della Terra LLC, c/o Pamela Amelang, President, 3501 Fall River Road, Estes Park, CO APPLICATION FOR CHANGE OF WATER RIGHTS AND ALTERNATE POINTS OF DIVERSION IN LARIMER COUNTY.. Future correspondence and pleadings to: Sara J.L. Irby, Fischer, Brown & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) Purpose: The purpose of this application is to seek a decree changing the points of diversion for wells listed in Case No. W-5597, Water Court, Water Division No. 1 (the Wells ), so that the decreed locations of the Wells conform to the actual locations of the Wells. Applicant also seeks alternate points of diversion for two of its Wells. 3. Name of wells and permit: A. Well No (Binns Well No. 1); B. Well No F (Binns Well No. 2); C. Well No F (Binns Well No. 3); D. Well No (Binns Well No. 4); E. Binns Well No From Previous Decree: Case No. W-5597, entered October 23, 1975, Water Court, Water Division No. 1, State of CO. A. Binns Well No. 1: i. Decreed Location: NW 1/4 of the NW 1/4 of Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO, at a point 1268 feet South and 473 feet East of the NW corner of said Sec. 16. ii. Source: Ground water. iii. Appropriation Date: August 13, iv. Amount: c.f.s. v. Historic Use: Domestic and commercial. B. Binns Well No. 2: i. Decreed Location: SW 1/4 of the NW 1/4 of Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO, at a point 1351 feet South and 610 feet East of the NW corner of said Sec. 16. ii. Source: Ground water. iii. Appropriation Date: June 10, iv. Amount: c.f.s. v. Historic Use: Domestic and commercial. C. Binns Well No. 3: i. Decreed Location: SW1/4 of the NW1/4, Sec. 16, T5N, R73W, of the 6 th P.M., Larimer County, CO, at a point 1528 feet South and 782 feet East of the NW corner of said Sec. 16. ii. Source: Ground water. iii. Appropriation Date: August 13, iv. Amount claimed: c.f.s. v. Historic Use: Domestic and commercial. D. Binns Well No. 7

8 4: i. Decreed Location: SW 1/4 of the NW 1/4 of Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO, at a point 1590 feet South and 204 feet East of the NW corner of said Sec. 16. ii. Source: Ground water. iii. Appropriation Date: May 18, iv. Amount claimed: c.f.s. v. Historic Use: Domestic and commercial. E. Binns Well No. 5: i. Decreed Location is the SW 1/4 of the NW 1/4 of Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO, at a point 1617 feet South and 345 feet East of the NW corner of said Sec. 16. ii. Source: Ground water. iii. Appropriation Date: May 31, iv. Amount claimed: c.f.s. v. Historic Use: Domestic and commercial. 5. Proposed Change: A. Binns Well No. 1: i. Change in Point of Diversion: SW 1/4 of the NW 1/4, Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO at a point 1347 feet South and 458 feet East from the NW corner of Sec. 16. B. Binns Well No. 2: i. Change in Point of Diversion: SW 1/4 of the NW 1/4, Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO at a point 1343 feet South and 625 feet East of the NW corner of Sec. 16. C. Binns Well No. 3: i. Change in Point of Diversion: SW 1/4 of the NW 1/4, Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO at a point 1603 feet South and 366 feet East from the NW corner of Sec. 16. ii. Alternate Point of Diversion: Applicant requests that an alternate point of diversion for Binns Well No. 3 be decreed at the location of Binns Well No. 2. D. Binns Well No. 4: i. Change in Point of Diversion: SW 1/4 of the NW 1/4, Sec. 16, T5N, R 73W of the 6 th P.M., Larimer County, CO at a point 1582 feet South and 227 feet East from the NW corner of Sec. 16. E. Binns Well No. 5: i. Change in Point of Diversion: SW 1/4 of the NW 1/4, Sec. 16, T5N, R73W of the 6 th P.M., Larimer County, CO at a point 1628 feet South and 333 feet East from the NW corner of Sec. 16. ii. Alternate Point of Diversion: Applicant requests that an alternate point of diversion for Binns Well No. 5 be decreed at the location of Binns Well No To the extent necessary to conform the Wells herein with the changes requested in this application, Applicant will obtain new, amended or revised well permits for the structures named herein. 7. Applicant will not pump these Wells unless pursuant to a decreed augmentation plan. 8. The decree entered herein shall require that in no event shall the cumulative pumping amount of Applicant s five wells exceed the cumulative annual amount allowed to be withdrawn from these Wells for the uses described herein. 9. Ownership: Della Terra, LLC (d/b/a National Park Retreats), c/o Pamela Amelang, President, 3501 Fall River Road, Estes Park, CO CW183 JAMES A AND MARGARET E. FREEMAN, 5751 North County Road 27, Loveland, CO Telephone: (970) APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE IN LARIMER COUNTY. Name of structure: Freeman Well, permit Date of original decree: August 31, 2001 in Case No. 00CW204 in Water Division 1. Legal description: SW1/4, SW1/4, S26, T6N, R70W of the 6 th PM at a distance 660 feet from South and 700 feet from West. Street Address: 5751 North County Road 27, Loveland, CO Source: Groundwater. Appropriation date: June 14, Amount: cubic feet /second (12 gpm). Use: Domestic in one single family dwelling including irrigation of 1/2 acre and stock water absolute. Domestic in an additional single family dwelling and irrigation of an additional 1/2 acre conditional. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: Continue to maintain said property in good condition. We continue to pay taxes on the property and the dwelling and maintain the residence in good repair. We continue to have plans to eventually have a second single family residence adjacent to the present dwelling. 07CW184 ELIZABETH CHANDLER, LORETTA WALSH, 4920 Via Contento, Yorba Linda, CA, Telephone: (714) APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Chandler/Walsh Well. Date of original decree: 12/11/96 in case no. 96CW360 in Water Division 1. Legal description: NE1/4, SE1/4, S34, T9S, R75W of the 6 th PM at a distance 2600 feet from 8

9 South and 300 feet from East. Street address: 72 Fawn Court. Subdivision: Indian Mountain, Lot 104, Filing 15. Source: Groundwater. Appropriation date: May 31, Amount:.033 cubic feet per second (15 gpm). Use: Household use only in single family dwelling not including irrigation. Depth: 400 feet. Home built and occupied by Elizabeth Chandler. 07CW185 W. DENNIS AND PATRICIA Y. DISNEY, 2334 West Costilla Ave., Littleton, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Structure: Well. Date of original decree: August 24, 2001 in Case No. 96CW1075 in Water Division 1. Legal description: NE1/4, NW1/4, S24, T9S, R74W of the 6 th PM at a distance 230 feet from North and 1880 feet from West. Street Address: 297 Bonus Gulch Way. Subdivision: Lost Park Ranches, Lot 123, Filing 1. Source: Groundwater. Appropriation date: June 30, Amount: cfs (15 gpm) conditional. Depth: approximately 400 feet. No details at this time. The intent to drill a well structure remains. 07CW186 EDMOND P. (III) AND ELAINE E. TARDY, 5595 West Indore Dr., Littleton, CO (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Tardy Well. Date of Original Decree: Dec. 30, 1996 in Case No. 96CW949 in Water Division 1. Legal description: NW1/4, SW1/4, S13, T9S, R74W of the 6 th PM at a distance 2290 feet from South and 1080 feet from West. Street Address: 168 Spade Place. Subdivision: Lost Park Ranches, Lot 88, Filing 1. Source: Groundwater. Appropriation date: June 30, Amount: cubic feet per second (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. Have visited the sight in July 2007 and have determined a location for the structure to be placed. Currently seeking funding sources for the well, septic and structure. 07CW187 Elizabeth Ann Wethington Trust, c/o Elizabeth Ann Wethington, 4520 WCR 27, Fort Lupton, Colorado (Please send all pleadings to: Matthew Machado, Esq. and Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, Colorado , (303) ) APPLICATION FOR DETERMINATION OF NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN WELD COUNTY. 2. Well Permits: No wells or well permits currently exist for nontributary or not nontributary water. Well permits for the wells to be constructed shall be applied for at such time as the Applicant or its successors, heirs or assigns are prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 3. Legal Description of the Subject Properties: Wells will withdraw nontributary ground water from the Denver basin aquifers underlying approximately acres of land located on three parcels in the SE1/4 NW1/4 and SW1/4 NE1/4 of Section 7, Township 1 North, Range 66 West, of the 6th P.M., Weld County, Colorado as shown on the map attached as EXHIBIT A (the Subject Properties ). Applicant claims the right to drill and complete such wells anywhere on the Subject Properties to recover and use all physically and legally available nontributary water from the Denver Basin aquifers lying below the Subject Properties. 4. Source of Water: 4.1 The ground water to be withdrawn by Applicant from the Denver Basin aquifers on the Subject Properties will be nontributary ground water as defined in Section (10.5), C.R.S. Applicant estimates that the only nontributary Denver Basin aquifer existing below the Subject Properties is the Laramie-Fox Hills aquifer, but Applicant seeks a determination as to whether the Lower Arapahoe aquifer below the Subject Properties is nontributary and the amount of nontributary water available if nontributary. Applicant will comply with the requirement to relinquish to the surface stream system two percent of all such nontributary ground water withdrawn on an annual basis. Otherwise, said water may be fully consumed to extinction for all beneficial uses. 4.2 Estimated Depth: Wells will be completed to the bottom of the aquifers. Applicant estimates the 9

10 bottom of the Laramie-Fox Hills aquifer is at an elevation of approximately 4125 feet above sea level. Actual well completion depths may vary from this estimate based on better data and the actual conditions below the overlying land. 5. Estimated Amount and Rate of Withdrawal: The wells will withdraw nontributary ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount. The estimated average annual amounts of ground water available for withdrawal by the Applicant are based upon information contained in the Denver Basin Rules, 2 C.C.R Applicant s estimates of the acreage, saturated sand thickness, specific yield and annual entitlements from the Laramie-Fox Hills aquifer for each parcel are as follows: Number of acres in Saturated Sand Specific Average Annual parcel Thickness (feet) Yield Withdrawal (acre feet) total acres acre feet total Actual saturated sand thickness, specific yield and annual entitlements for each parcel may vary from this estimate based on better data or the actual conditions below the overlying land. 6. Well Fields. Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available ground water lying below the Subject Properties through any wells which may be completed in the future on the Subject Properties. To the extent contiguity is established pursuant to Denver Basin Rules, 2 C.C.R , Applicant may combine the entitlements for the Subject Properties and withdraw from one or more wells located on the Subject Properties. Applicant will file applications with the State Engineer pursuant to Section (10), C.R.S. prior to construction of any wells. 7. Proposed Uses. Applicant intends to use, reuse, and successively use for municipal, domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Properties, 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-of-priority depletions. 8. Name and Address of Owner of the Lands. Applicant. Attached as EXHIBIT B are records from the Weld County Tax Assessor showing Applicant s ownership of the land. 9. Determination Sought Herein: 9.1 Applicant seeks a determination that all of the nontributary 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 Applicant is the owner of said nontributary ground water. 9.2 Applicant is the owner of the overlying land, or has 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 Applicant asks the Court to determine that Applicant has the right to withdraw all nontributary Denver Basin aquifer ground water under the Subject Properties through any wells initially permitted under C.R.S (10) in such aquifers, and any additional wells which may be permitted and completed in the future on the Subject Properties. Applicant requests the initial wells permitted in such aquifers along with any additional wells shall be treated as a well field. 9.4 Applicant requests that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of nontributary ground water. 9.5 Applicant claims 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 Applicant has estimated the amount of water available for withdrawal from the Laramie-Fox Hills aquifers, 10

11 Applicant requests the right to revise that estimate upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicant requests 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 aquifer. 9.7 Applicant also request that a determination of whether the Lower Arapahoe aquifer below the Subject Properties is nontributary, and if so, Applicant also requests a determination of their right to use the same in the same manner as is claimed herein for the Laramie-Fox Hills aquifer. WHEREFORE, Applicant requests this Court to enter a decree: 1. Granting the application herein and awarding ground water rights from the nontributary Denver Basin aquifers, except as to those issues which the Court will specifically retain jurisdiction; 2. Determining that Applicant has complied with Section (4), C.R.S., and water is legally available for withdrawal by Applicant through the wells proposed herein; 3. Retaining jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicant from such aquifers based on actual local aquifer characteristics, and authorizing Applicant to invoke the Court s retained jurisdiction at any time after such data becomes available, pursuant to Section (11), C.R.S.; 4. 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; 5. 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 6. Such other relief as the Court deems proper in this matter. 07CW188 DANIEL E AND JUDITH A EDBERG, E. Mexico Ave., Aurora, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of 1st structure: Well. Date of original decree: August 9, 2001 in Case No. 96CW1082 in Water Division 1. Legal Description: NE1/4, NW1/4, S24, T9S, R74W of the 6 th PM at a distance 1130 feet from North and 2110 feet from West. Street address: 420 Bonus Gulch Way. Subdivision: Lost Park Ranch, Lot 128, Filing 1. Name of 2 nd structure: Well. Date of original decree: August 9, 2001 in Case No. 96CW1082 in Water Division 1. Legal Description: NE1/4, NW1/4, S24, T9S, R74W of the 6thPM at a distance 740 feet from North and 2180 feet from West. Street address: 388 Bonus Gulch Way. Subdivision: Lost Park Ranch, Lot 129, Filing 1. Source of both wells: groundwater. Appropriation date: June 30, Amount: CFS. Use: Household use only, not including irrigation. We plan to have a well drilled and construct a cabin on our mountain property after our retirement, in approximately three years. We hope eventually to live on the property full time for a portion of each year. Since obtaining the property, we have used it for camping and picnicking. We have cleared a path so that we can drive onto the land. We have a picnic table and have planted wild flowers. In preparation for beginning construction, we have discussed plans for a cabin, including its design and location. We have begun to collect names of potential contractors, and have visited cabin show homes, such as Lindahl Cedar Homes. Taxes and HOA dues are paid annually. 07CW189 RICHARD AND REBA HATTZ, 6987 Daventry Pl., Castle Rock, CO Telephone: (303) APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Hattz Well. Date of original decree: in Case No. 96CW856 in Water Division 1. Legal description: SW1/4, SE1/4, S14, T9S, R74W of the 6 th PM at a distance 550 feet from south and 2435 feet for East. Street address: 1314 Al Gulch Rd. Subdivision: Lost Park Ranches, Lot 34, Filing 1. Source: groundwater. Appropriation date: Amount:.033 CFS (15 GPM) Conditional. Use: Household only. Depth: Unknown. Intention is to have a well put in. In the process of deciding where we want the well drilled, obtaining bids on the work and arranging possible financing for same. 11

12 07CW190 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER BOARD, IN LARIMER AND WELD COUNTIES. APPLICATION FOR CHANGE OF water rights AND FOR CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, INCLUDING STORAGE. 1. Name, address, and telephone number of applicant: The City of Greeley, acting by and through its Water and Sewer Board ( Greeley ), c/o Katie L. Reed, Water Resources Administrator I, 1100 Tenth Street, 3rd floor, Greeley, CO (970) Send copies of pleadings to: Zach C. Miller, Steven E. Marlin, Davis Graham & Stubbs LLP, 1550 Seventeenth Street, Suite 500, Denver, CO (303) ; and Jessica L. Pault, Greeley City Attorney s Office, 1100 Tenth Street, Suite 401, Greeley, CO (970) APPLICATION FOR CHANGE OF WATER RIGHT. 2. Change requested and proposed plan of operation: Greeley has acquired shares and has secured the right to purchase by contract an additional 3 shares of capital stock in the Water Supply and Storage Company ( WSSC ), for a total of shares (the Shares ) out of 600 outstanding shares. Greeley seeks to change the use of the Shares from irrigation to irrigation and all municipal and related uses, including alternate points of diversion and storage in the South Platte River Basin, as more fully described below. The change requested will cause changes in the place and timing of return flows. A portion of the WSSC water rights are transbasin water rights, whereby water is imported from the basins of the Laramie River and the Michigan River, which are tributaries of the North Platte River, and from the Colorado River to the Cache la Poudre River in the South Platte River Basin. Junior appropriators in the South Platte River Basin are not entitled to the continuation of return flows resulting from the importation of foreign water to the basin; therefore, Greeley is not required to maintain return flows from the historical use of the transbasin component of the Shares. City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996). Nevertheless, Greeley will maintain return flows from the historical use of in-basin sources. To ensure that no expansion of use occurs with regard to the Shares, Greeley owns the lands historically irrigated by the Shares or has, or will have, restrictive covenants to retire from irrigation the lands historically irrigated by the Shares. Moreover, Greeley has, or will have, restrictive covenants to require revegetation and/or noxious weed management on the lands removed from irrigation. Greeley plans to acquire additional shares of WSSC in the future ( Additional Shares ). Therefore, Greeley respectfully requests the Court to retain jurisdiction for the limited purpose of dealing with Additional Shares, so that these can be changed in this proceeding, under the same terms and conditions, after they are acquired. 3. Decreed name of structures for which change is sought: WSSC and the ditches, reservoirs and related structures associated with WSSC, collectively referred to herein as the WSSC System. 4. Previous decree: The decreed water rights of the WSSC System are described on Exhibit A attached hereto. Moreover, WSSC owns 6.25 of the 24 total shares in the Jackson Ditch Company, the decreed water rights of which are described on Exhibit B attached hereto. In addition, shares of WSSC have previously been changed by the City of Thornton in the decree entered on March 9, 1998 in Consolidated Cases No. 86CW401, 86CW402, 86CW403, and 87CW332, District Court, Water Division No. 1. A map depicting the general location of the decreed points of diversion for the WSSC System structures is attached hereto as Exhibit C. 5. Historic use: Water associated with the Shares has historically been used to irrigate seven farms under the WSSC System. The seven farms and the respective number of shares associated with each are as follows: A. Waag Farm: Water derived from 3 shares of WSSC has historically been used to irrigate property in the NW 1/4 of Section 11, Township 7 North, Range 68 West, 6th P.M., Larimer County, Colorado. B. Moore Farm: Water derived from 3 shares of WSSC has historically been used to irrigate property located in the South 1/2 of Section 10, Township 7 North, Range 67 West, 6th P.M., Weld County, Colorado. C. Rodenberger Farm: Water derived from 2.5 shares of WSSC has historically been used to irrigate property in the NE 1/4 and parts of the SE 1/4 of Section 12, Township 7 North, Range 68 West, 6th P.M., Larimer County, Colorado. D. Seader Farm: Water derived from 2 12