CASE NO. 06CW102 FALCON HIGHLANDS METROPOLITAN DISTRICT,

Transcription

1 DISTRICT COURT, WATER DIVISION NO. 2, COLORADO RESUME OF CASES FILED DURING NOVEMBER TO: ALL INTERESTED PARTIES Pursuant to C.R.S , you are hereby notified that the following is a resume of applications and certain amendments filed during November 2007, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: CASE NO. 06CW102 FALCON HIGHLANDS METROPOLITAN DISTRICT, 31 North Tejon Street, #500, Colorado Springs, CO (Through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, CO 80202; (303) ) AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION EL PASO COUNTY COMES NOW Applicant, by and through its undersigned attorneys, and hereby amends the application filed with this Court in November, 2006, to amend the application as follows: 2. The application requests approval of an augmentation plan to allow use of not nontributary Arapahoe aquifer groundwater decreed in Case No. 83CW133, District Court, Water Division 2, and underlying and associated with approximately 179 acres of land, located in part of the N1/2 of Section 11, T13S, R65W of the 6th P.M., shown as Tract B on Attachment A to the Amended Application ("Subject Property"), within the boundary of the Falcon Highlands Metropolitan District. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. 3. By this amended application, Applicant is adding an additional source of nontributary groundwater for use in the plan for augmentation. The groundwater which will be used in the plan for augmentation is nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater as decreed in Case No. 94CW046, District Court, Water Division 2, which is associated with and underlying part of 149 acres located in SW1/4 of Section 21 and the N1/2 of Section 28, T12S, R65W of the 6th P.M., as shown on Attachment A to the Amended Application. All other matters remain the same as shown in the November, 2006, resume for Water Division CASE NO. 07CW106 GARY ROPER, 1243 S. Avenida del Oro E., Pueblo West, CO 81007; APPLICATION FOR UNDERGROUND WATER RIGHT PUEBLO COUNTY 2. Name of well and permit, registration, or denial number: Roper #2; Permit Legal description of well: Pueblo County, NW ¼ of the NW ¼ Section 9, Township 23 South, Range 67 West, 6 th P.M., 131 feet from the North line and 952 feet from the West line. Street Address: 6156 Water Barrel 1

2 Road South, Beulah, CO 81023; Subdivision: Happy Acres. GPS Location: (UTM Format; Zone 13; Units in Meters; Datum NAD83; Unit set to true north) Were points averaged: Yes. Northing ; Easting A. Source: Underground; B. Depth: 300 feet. 5. A. Date of appropriation: December 5, 2006; B. How appropriation was initiated: permit application Permit # issued 12/7/2006. C. Date water applied to beneficial use: well drilled and cased 7/17/2007, pump installed 9/12/ Amount claimed: 15 gpm Absolute. 7. If well is non-tributary: A. Name of Aquifer: Dakota; B. Amount claimed in acre feet annually: Proposed use: A. If irrigation, complete the following: (1) Number of acres historically irrigated: none. (2) Total number of acres proposed to be irrigated: ; (3) the legal description of the land irrigated: ; (4) Area of lawns and gardens irrigated: 1 (one) Acre. B. If non-irrigation, describe purpose fully: To water livestock, garden, yard, fire protection, and general domestic household use. 9. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. 10. Remarks: This is an adjudication of state engineer Well Permit No issued as an exempt well pursuant to C.R.S. Sect (3)(b)(II)(A) and a decree for this exempt well is sought pursuant to C.R.S. Sect (4). A copy of the well permit is on file with the application and may be inspected at the Office of the Clerk of this Court CASE NO. 07CW107 RICHARD B. and ELAINE T. AVERNA, 601 Middle Street, Leavenworth, KS 66048; APPLICATION FOR WATER RIGHTS (SURFACE) and APPLICATION FOR WATER STORAGE RIGHT FREMONT COUNTY SURFACE APPLICATION: 2. Name of structure: stream and pond. 3. Legal description of each point of diversion: Fremont County. (Pond) From Boundary: North: 150 ft. South: 2500 ft East: 1900 ft. West: 750 ft. (Stream) Start Point from Boundary: North: 750 ft. South: 1850 ft East: 2300 ft West: 1000 ft. End Point from Boundary: North: 150 ft. South: 2500 ft. East: 1900 ft. West: 750 ft. NW ¼ of the NE ¼ R73W T17WS S28 6 TH PM; Subdivision: South T-Bar Ranch Lot: Source: Run off and a spring. 5. A. Date of initiation of appropriation: 9 Oct. 2007; B. How appropriation was initiated: By mail. C. Date water applied to beneficial use: 9 Oct Amount claimed: Absolute. Use or proposed use: Personal use as the landowner. A. If irrigation, complete the following: Number of acres historically irrigated: ; proposed to be irrigated:. Legal description of acreage:. B. If non-irrigation, describe purpose fully: In the future, I plan to build a single family dwelling and use the water for domestic purpose and to water up to one acre. Intended use of all water on this property is for owner s personal general, recreational and possible stock watering use. 7. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or 2

3 storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. 9. Remarks: In the future, I plan to build a single family dwelling and use the water for domestic purpose and to water up to one acre. Intended use of all water on this property is for owner s personal general, recreational and possible stock watering use. STORAGE APPLICATION: 2. Name of Reservoir: An unnamed pond on my property. I will name it Averna Pond. 3. Legal Decription of location of dam: Fremont County, NW ¼ of the NE ¼, S28, T17S, R73W, 6 th P.M., Lot 92, South T-Bar Ranch. (Pond) From Boundary: North: 150 ft. South: 2500 ft. East: 1900 ft. West: 750 feet. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir and legal description of each point of diversion: Un-named Stream on my property; Fremont County, NW¼ NE¼ S 28, T17S, R73W, 6 th P.M. (Stream) Start Point from Boundary: North: 750 ft. South: 1850 ft. East: 2300 ft. West: 1000 ft. End Point from Boundary: North: 150 ft. South: 2500 ft. East: 1900 ft. West: 750 ft. 4. Source: Stream; Other: Spring. 5. A. Date of appropriation: 9 Oct. 2007; B. How appropriation was initiated: By Mail. C. Date water applied to beneficial use: 9 Oct Amount claimed: A. A. In acre feet: Absolute. B. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: Absolute. 7. Use: In the future, I plan to build a single family dwelling and use the water for domestic purpose and to water up to one acre. Intended use of all water on this property is for owner s personal general, recreational and possible stock watering use. 8. Surface area of high water line: approximately 200 feet. A. Maximum height of dam in feet: approximate 6; B. Length of dam in feet: approximate Total capacity of reservoir in acre feet: 360 rough estimate. Active capacity: ; Dead storage:. 10. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. 11. Remarks or any other pertinent information: In the future, I plan to build a single family dwelling and use the water for domestic purpose and to water up to one acre. Intended use of all water on this property is for owner s personal general, recreational and possible stock watering use CASE NO. 07CW108(00CW120) GREGORY A. SMITH and SANDRA M. SMITH, 9725 Arroya Lane, Black Forest, CO (Judith Ward Mattox, Attorney for Applicants, 118 N. Tejon Street, Suite 218, Colorado Springs, CO 80903; ) APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE HUERFANO COUNTY Pursuant to C.R.S , this Court entered its Decree Adjudicating Absolute and Conditional Water Rights in this case on October 17, Notice of Transfer of the water rights held by Pamela Fox-James in this case was filed 3

4 with this Court on October 12, This Application is filed by the Transferees, Gregory A. Smith and Sandra M. Smith, who became the owners of the real property to which the surface water rights apply under the recorded Deed, a copy of which is attached to the Application as Exhibit 1. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. Because the Order dated October 17, 2001 granted judgment for stock watering as an absolute use and irrigation as a conditional use for James Springs 1, 2, 3 and 4 this Application is filed for both Finding of Dilgience and to make absolute the water rights described herein. 2. Names of structures: James Springs 1, 2, 3, and Describe conditional water right (as to each structure) giving the following from the Referee s Ruling and Judgment and Decree: A. Date of Original Decree: September 18, 2001; Case No.: 00CW120; Court: District Court, Water Division 2, Pueblo, CO. B. Legal description: James Spring #1 SW1/4 of the SW1/4 of Section 14, T27S, R70W of the 6 th P.M., in Huerfano County, Colorado, approximately feet from the south line and 345 feet from the west line of said Section 14. James Spring #2 SW1/4 of the SW1/4 of Section 14, T27S, R70W of the 6 th P.M. in Huerfano County, Colorado, approximately feet from the south line and 680 feet from the west line of said Section 14. James Spring #3 SW1/4 of the SW1/4 of Section 14, T27S, R70W of the 6 th P.M., in Huerfano County, Colorado, approximately feet from the south line and 1,035 feet from the west line of said Section 14. James Spring #4 NE1/4 of the SW1/4 of Section 14, T27S, R70W of the 6 th P.M. in Huerfano County, Colorado, approximately 1,973 feet from the south line and 2,045 feet from the west line of said Section 14. C. Source: Natural Springs. D. Appropriation Date: December 4, 1998; Amount: James Spring # gpm; James Spring # gpm; James Spring # gpm; James Spring #4 -.5 gpm. E. Use: Stock watering and irrigation. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Spring No. 4 has been shored up with rocks and logs. The owner went to the property monthly for the first two years of ownership, and every 6 months since to clear rocks, debris, leaves, mulch and manure from the springs. The property has been fenced on the west side to keep livestock owners away from the springs. 5. If claim to make absolute: A. Date water applied to beneficial use: See exhibits. Amount: See exhibits. Use: Stock watering as an absolute use; irrigation as a conditional use. B. Description of place of use where water is applied to beneficial use: NW ¼ of the SW ¼ of the SW ¼ of Section 14, T27S, R70W of the 6 th P.M. in Huerfano County, Colorado, Unit C C-2, Lot Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: N/A

5 CASE NO. 07CW109 (Water Division 2) and CASE NOS. 07CW265 and 07CW266 (Water Division 1) C. GREG REALS and ANNETTE REALS, Buckskin Lane, Colorado Springs, CO 80908; APPLICATION FOR UNDERGROUND WATER RIGHT AND APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION EL PASO COUNTY APPLICATION FOR UNDERGROUND WATER RIGHT. 2. Name of Well: Permit Legal description of well: El Paso County, NE ¼ of the NE ¼ Section 21, Township 12 South, Range 65 West, 6 th P.M., 1000 feet from the north line and 1200 feet from the east line. Street Address: Buckskin Lane, Colorado Springs, CO A. Source: Not non-tributary Dawson and Denver Aquifers; Non-tributary Arapahoe and Laramie-Fox Hills Aquifers. B. Depth: Dawson 0 to 697 ft bgs; Denver 710 to 1623 ft bgs; Arapahoe 1676 to 2165 ft bgs; Laramie-Fox Hills Aquifer 2430 to 2725 ft. bgs. 5. A. Date of appropriation: Not Applicable. B. How appropriation was initiated: Not Applicable. C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Entire Decree amount. Absolute. Entire decreed amount to be withdrawn through the well described in paragraph 2 above and any additional wells which may in the future become part of the Applicants well fields. Applicants waive the existing 600-foot well spacing requirement. If well is nontributary: A. Name of Aquifer: Arapahoe and Laramie-Fox Hills Aquifer. B. Amount claimed in acre feet annually: Quantification of Available Groundwater Aquifer Dawson (NNT) Denver (NNT) Arapahoe (NT) Laramie- Fox Hills (NT) Depth to Aquifer top Ft bgs Depth to Aquifer Bottom Ft bgs Net Sand Ft Specific Yield Available Groundwater Acre-Ft 100-year supply Acre-feet Proposed use: The water will be used for domestic, irrigation of garden and landscape, stock watering, domestic animals, commercial, dust suppression, fire protection, and maintenance and cleaning, water storage feature, exchange and augmentation, on or off the Subject property. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: C. Greg Reals and Annette Reals, Buckskin Lane, Colorado Springs, CO 80908; and Edward Jones Mortgage, th Ave. S., Minneapolis, MN APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 2. Name of structure to be augmented: Dawson Aquifer Well. Are there other water rights diverted 5

6 from this structure? No. 3. Previous decrees for water rights to be used for augmentation: A. Date of Original Decree: Not Applicable. B. Type of water right:. C. Legal description of point of diversion or place of storage: Well Permit , El Paso County, NE ¼ of the NE ¼ Section 21, Township 12 South, Range 65 West, 6 th P.M., 1000 feet from the north section line and 1200 feet from the east section line. Street Address: Buckskin Lane, Colorado Springs, CO D. Source: Not non tributary Dawson aquifer groundwater. E. Appropriation Date: Not Applicable; Amount: Not Applicable. F. Decreed use:. 4. Historic use: Not Applicable. 5. Statement of plan for augmentation, covering all applicable matters under (9), 302(1)(2) and 305(8), C.R.S. Give full details of plan, including a description of all water rights to be established or changed by the plan. The Dawson groundwater will be obtained through one or more wells, including the existing well (Permit ). The water will be used for domestic use in one residence (0.4 acre-feet), irrigation of up to 10,000 square-feet of lawn, garden, and trees (0.6 acre-feet) and stock watering of 20 large domestic animals (0.20 acre-feet), use in a barn and horse boarding operation, including: dust suppression, fire protection, and maintenance and cleaning (0.3 acre-feet), and use in a water storage feature (0.1 acre-feet). Household wastewater treatment will be provided by non-evaporative septic system. Return flow from septic systems is 90% for in-house use which based on the proposed use, is 0.36 acre feet per year. Based on computer modeling, depletions will occur to tributaries of both the Arkansas River Basin and to the South Platte River Basin. Depletions reach a maximum of 18% or 0.29 acre feet in the 100 th year based on an annual pumping of 1.6 acre feet per year. See Groundwater Analysis and Stream Depletion Analysis on file with the application. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. Groundwater will be reserved from the nontributary Laramie Fox Hills aquifer to meet post pumping augmentation requirements. However, use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another acceptable source for replacement of postpumping depletions may be used. All depletions will be aggregated and replaced to the Arkansas drainage. This application is being filed in both Water Divisions 1 and 2 because stream depletions will occur in both the South Platte and Arkansas drainages. After the time for filing statements of opposition has expired, consolidation of the two applications in Water District 2 will be requested. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: C. Greg Reals and Annette Reals, Buckskin Lane, Colorado Springs, CO 80908; and Edward Jones Mortgage, th Ave. S., Minneapolis, MN

7 CASE NO. 07CW110 RUSSELL J. ORLOWITZ, P. O. Box 336, 3500 Auckland Avenue, Florence, CO 81226; APPLICATION FOR UNDERGROUND WATER RIGHT FREMONT COUNTY 2. Name of well and permit, registration, or denial number: Orlowitz Russel J; Permit No Legal description of well: Fremont County, SW ¼ of the SE ¼ Section 23, Township 19 South, Range 70 West, 6 th P.M. Street Address: 3500 Auckland Avenue, Florence, CO 81226; Subdivision: Chandler Heights, Lot 14. GPS Location: (UTM Format; Zone 13; Units in Meters; Datum NAD83; Unit set to true north) Were points averaged: No Northing ; Easting A. Source: All Unnamed Aquifers; B. Depth:. 5. A. Date of appropriation: ; B. How appropriation was initiated: Air Percussion. C. Date water applied to beneficial use: Amount claimed: 1 gpm Absolute. 7. If well is non-tributary: A. Name of Aquifer: All Unnamed Aquifers; B. Amount claimed in acre feet annually: Proposed use: A. If irrigation, complete the following: (1) Number of acres historically irrigated: 0. (2) Total number of acres proposed to be irrigated: 0; (3) The legal description of the land irrigated: Lot 14, Chandler Heights Sub Ref from / / / ; (4) Area of lawns and gardens irrigated:.75. B. If non-irrigation, describe purpose fully: Domestic and Stock Water. 9. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant CASE NO. 07CW111 TOWN OF PONCHA SPRINGS, c/o Pat Alderton, Town Administrator, P. O. Box 190, Poncha Springs, CO (Steven T. Monson, David M. Shohet, Felt, Monson & Culichia, LLC, Attorneys for Applicant, 319 N. Weber Street, Colorado Springs, CO 80903, (719) ) III. Background and Summary of Application. Town of Poncha Springs ( Town ) has entered into an Annexation Agreement with Friend Ranch Family Partnership ( Partnership ) for the annexation into the Town of the Partnership s Chaffee County real property located in Sections 7, 8, and 18 in Township 49 North, Range 8 East of the N.M.P.M., as more particularly described in Exhibit A attached to the Application ( Friend Ranch ). All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. As part of the annexation process, the Annexation Agreement provides for the Partnership to transfer to the Town certain surface water rights historically associated with the Friend Ranch diverted from Pass Creek, Little Cochetopa Creek and Green Creek in Chaffee County, Colorado. In exchange, the Town is to provide the Friend Ranch with water and wastewater service under the terms of the Annexation Agreement. The Town seeks to change the historical consumptive use of the Friend Ranch Water Rights, described in Section IV below, from irrigation use to municipal and augmentation uses for the Town s 7

8 existing and future service areas and to supplement the Town s existing augmentation plans and exchanges decreed in Case Nos. 82CW104 and 99CW183, District Court, Water Division 2 for the replacement of depletions to the South Arkansas River from the Town s municipal well diversions. IV. Application for Changes of Water Right. A. Little Cochetopa Creek Water Rights. The Town seeks to change the following water rights (collectively referred to as the Little Cochetopa Creek Water Rights ): 1. Name of Structure: Huntzicker Ditch. a. Appropriation Date: December 31, b. Adjudication Date: June 19, 1890, in Case No. CA 1127 by the District Court in the original adjudication of the Fourth Judicial District of the State of Colorado, Sitting in and for the County of Chaffee, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11. c. Decreed Rate and Use: 0.7 c.f.s. for irrigation. The Partnership owns 0.5 c.f.s. and the Town seeks to only change this amount. d. Priority Number: 31. e. Source: Little Cochetopa Creek, tributary to the South Arkansas River, tributary to the Arkansas River. f. Decreed Point of Diversion: About onehalf mile from the junction of Cochetopa Creek with the South Arkansas River in Section 8, Township 49 North, Range 8 East, N.M.P.M., Chaffee County, Colorado. A more modern description and actual location of the headgate is the NE1/4 SE1/4, Section 7, Township 49 North, Range 8 East, N.M.P.M., at a point 2,500 feet from the south line of said Section 7, and 100 feet from the east line of Section Name of Structure: Hensie Ditch No. 1. a. Appropriation Date: December 31, b. Adjudication Date: June 19, 1890, in Case No. CA 1127 by the District Court in the original adjudication of the Fourth Judicial District of the State of Colorado, Sitting in and for the County of Chaffee, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11. c. Decreed Rate and Use: 0.3 c.f.s. for irrigation. d. Priority Number: 49. e. Source: Little Cochetopa Creek, tributary to the South Arkansas River, tributary to the Arkansas River. f. Decreed Point of Diversion: About 20 rods below the mouth of Pass Creek in Section 7, Township 49 North, Range 8 East, N.M.P.M., Chaffee County, Colorado. A more modern description and actual location of the headgate is the SW1/4 SE1/4, Section 7, Township 49 North, Range 8 East, N.M.P.M., at a point 90 feet from the south line of said Section 7, and 2,280 feet from the east line of Section Name of Structure: Henry Ditch. a. Appropriation Date: May 1, b. Adjudication Date: September 13, 1917, in the District Court of Chaffee County, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11, Case No. CA c. Decreed Rate and Use: 1.5 c.f.s. for irrigation. d. Priority Number: None decreed. e. Source: Little Cochetopa Creek, tributary to the South Arkansas River, tributary to the Arkansas River. f. Decreed Point of Diversion: West bank of Cochetopa Creek, at a point from whence the South Quarter corner of Section 18, in Township 49 North, Range 8 East, N.M.P.M., in Chaffee County, Colorado, bears South 49 degrees and 10 East, 590 feet. 4. Consolidated Decree: The water rights decreed to the Huntzicker Ditch, the Hensie Ditch No. 1 and the Henry Ditch described above ( Little Cochetopa 8

9 Creek Combined Ditches ), have been consolidated by Case No. W-294, District Court, Water Division 2, decreed on January 23, 1974 and October 18, Case No. W-294 allows all of the water decreed to the Little Cochetopa Creek Combined Ditches to be taken through the headgate of either the Hensie Ditch No. 1 or the Henry Ditch. 5. Historical Use: Based on investigation by the Town s water resource engineer during a study period of 1978 through 2004, the Little Cochetopa Creek Combined Ditches have historically been used for the irrigation of up to 62.2 acres generally located in Sections 7, 8 and 18, all in Township 49 North, Range 8 East of the N.M.P.M., with average annual diversions attributable to the Little Cochetopa Creek Combined Ditches of approximately 225 acre feet. Based upon the application of local climate data and crops grown to generally accepted consumptive use modeling, the historical diversions by the Little Cochetopa Creek Combined Ditches resulted in average stream depletions of approximately 98.5 annual acre feet during the irrigation season of March through October. A summary of the historical diversion records is attached to the Application as Exhibit B. B. Pass Creek Water Rights. The Town seeks to change the additional following water rights (collectively referred to as the "Pass Creek Water Rights"): 1. Name of Structure: Boon Ditch No. 2. a. Appropriation Dates: November 30, 1871 and June 1, b. Adjudication Date: June 19, 1890 in Case No. CA1127 in the District Court in the original adjudication of the Fourth Judicial District of the State of Colorado, Sitting in and for the County of Chaffee, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11; and September 13, 1917, in the District Court of Chaffee County, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11, Case No. CA c. Decreed Rates and Uses: 1.4 c.f.s., senior priority, and, 1.5 c.f.s., junior priority, for irrigation. d. Priority Number: 33 for senior priority. e. Source: Pass Creek, tributary to Little Cochetopa Creek, tributary to the South Arkansas River, tributary to the Arkansas River. f. Decreed Point of Diversion: North Bank of Pass Creek, about 200 feet from the junction of Pass Creek with Cochetopa Creek, Chaffee County, Colorado. A more modern description and actual location of the headgate is the NW1/4 NE1/4, Section 18, Township 49 North, Range 8 East, N.M.P.M., at a point 200 feet from the north line of said Section 18, and 2,450 feet from the east line of Section Name of Structure: Hensie Ditch No. 2. a. Appropriation Date: December 31, b. Adjudication Date: June 19, 1890 in Case No. CA1127, in the District Court in the original adjudication of the Fourth Judicial District of the State of Colorado, sitting in and for the County of Chaffee, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11. c. Decreed Rate and Use: 0.2 c.f.s. for irrigation. d. Priority Number: 50. e. Source: Pass Creek, tributary to Little Cochetopa Creek, tributary to the South Arkansas River, tributary to the Arkansas River. f. Decreed Point of Diversion: About one-half mile from Pass Creek s junction with Cochetopa, in Section 7, Township 49 North, Range 8 East, N.M.P.M., Chaffee County, Colorado. A more modern description and actual location of the headgate is the 9

10 SE1/4 NE1/4, Section 13, Township 49 North, Range 7 East, N.M.P.M., at a point 1,680 feet from the north line of said Section 13, and 90 feet from the east line of Section Name of Structure: Velotta Ditch No. 2. a. Appropriation Date: July 11, b. Adjudication Date: August 31, 1912, in the District Court of Chaffee County, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11, Case No. CA c. Decreed Rate and Use: 1.5 c.f.s. for irrigation. d. Source: Pass Creek, tributary to Little Cochetopa Creek, tributary to the South Arkansas River, tributary to the Arkansas River. e. Decreed Point of Diversion: South bank of Pass Creek, at a point whence the West Quarter corner of Section 18 bears South 84 o 10' East, 2385 feet. 4. Name of Structure: Velotta Ditch No. 1. a. Appropriation Dates: July 8, 1911 and December 31, b. Adjudication Date: August 31, 1912 by the District Court of Chaffee County, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11, Case No. CA 2310, and July 9, 1969 by the District Court of Chaffee County, State of Colorado, In the Matter of Adjudication of Priorities of the Rights to the Use of Water for Irrigation and Non-Irrigation Uses in Water District 11, Case No. CA c. Decreed Rates and Uses: 1.5 c.f.s., senior priority for irrigation, and 1.5 c.f.s., junior priority for irrigation and domestic. d. Source: Pass Creek, tributary to Little Cochetopa Creek, tributary to the South Arkansas River, tributary to the Arkansas River. e. Decreed Point of Diversion: At a point on the north bank of Pass Creek, whence the East Quarter Corner of Section 13, Township 49 North, Range 7 East, of the N.M.P.M., bears South 74 o 45' East, 1760 feet. 5. Consolidated Decree: The water decreed to the Boon Ditch No. 2, Hensie Ditch No. 2, and the Vellota Ditch Nos. 1 and 2 described above (collectively referred to as the Pass Creek Combined Ditches ), have also been consolidated by Case No. W-294, District Court, Water Division 2, decreed on January 23, 1974 and October 18, Case No. W-294 allows all of the water decreed to the Pass Creek Combined Ditches to be taken through the headgate of either the Hensie Ditch No. 2 or Velotta Ditch No Historical Use: Based on investigation by the Town's water resource engineer during a study period of 1978 through 2004, the Pass Creek Combined Ditches have historically been used for the irrigation of up to 84.1 acres generally located in Sections 7 and 18, all in Township 49 North, Range 8 East of the N.M.P.M., with average annual diversions attributable to the Pass Creek Combined Ditches of approximately 400 acre feet. Based upon the application of local climate data and crops grown to generally accepted consumptive use modeling, the historical diversions by the Pass Creek Combined Ditches resulted in average stream depletions of approximately annual acre feet during the irrigation season of March through October. A summary of the historical diversion records is attached to the Application as Exhibit C. C. Green Creek Water Right. The Town also seeks to change the following water rights: 1. Name of Structure: Mundlein Ditch No. 2. a. Appropriation Dates: March 1, 1873; December 13, b. Adjudication Date: June 19, 1890, Case No. CA 1127, by the District Court in the original adjudication of the Fourth Judicial District of the State of Colorado, Sitting in and 10

11 for the County of Chaffee, State of Colorado, In the Matter of a Certain Petition for Adjudication of the Priority of Rights to the Use of Water for Irrigation in Water District 11 and July 9, 1969, by the District Court of Chaffee County, State of Colorado, In the Matter of Adjudication of Priorities of the Rights to the Use of Water for Irrigation and Non-Irrigation Uses in Water District 11, Case No. CA c. Decreed Rates and Uses: 1.74 cfs, senior priority, 1.74 cfs, junior priority, for irrigation. The Partnership owns one-third of both priorities of this water right or a 0.58 c.f.s. interest in each priority for a total interest of 1.16 c.f.s. in the Mundlein Ditch No. 2, and the Town seeks to change only this amount. d. Priority Number: 44, A-159. e. Source: Green Creek, tributary to the South Arkansas River, tributary to the Arkansas River. f. Decreed Point of Diversion: At a point on the East bank of Green Creek, whence the South Quarter Corner of Section 1, Township 49 North, Range 8 [sic] East of the N.M.P.M., bears South 67 o 46' East, 3784 feet. The correct Range is 7 East. g. Historical Use: Based on investigation by the Town's water resource engineer during a study period of 1978 through 2004, the Mundlein Ditch No. 2 has historically been used for the irrigation of up to 29 acres generally located in the North half of the Northeast Quarter of Section 7, Township 49 North, Range 8 East of the N.M.P.M., with average annual diversions attributable to the Mundlein Ditch No. 2 of approximately 166 acre feet. Based upon the application of local climate data and crops grown to generally accepted consumptive use modeling, the historical diversions by the Mundlein Ditch No. 2 resulted in average stream depletions of approximately 55.0 annual acre feet during the irrigation season of March through October. A summary of the historical diversion records is attached to the Application as Exhibit D. D. Change Requested. The Town is acquiring the Friend Ranch Water Rights for the purpose of meeting its existing and future municipal water supply and augmentation demands. The Applicant requests to change the Friend Ranch Water Rights to supplement the Town s existing plans for augmentation and exchange as previously decreed in Case Nos. 82CW104, 99CW183, and 01CW148, District Court for Water Division 2, State of Colorado. 1. Change in Type of Use. The change in type of use requested for the Friend Ranch Water Rights is from direct flow for irrigation use to direct flow and storage for the Town s municipal uses, including, without limitation, domestic, storage, irrigation, fire protection, recreational purposes, fish and wildlife propagation, commercial, and industrial, and for augmentation, exchange and replacement purposes. The consumptive use component of the water rights is for reuse, successive use, and reuse to extinction for the above purposes. Storage may be in reservoirs on Town property, the Friend Ranch, and also in Boss Lake Reservoir, North Fork Reservoir or O Haver Reservoir as herein described. Storage may also be in Pueblo Reservoir in addition to the Town s other storage in Pueblo Reservoir under its augmentation plan in Case No. 82CW104. The maximum amount of storage will be the annual stream depletions from the Friend Ranch Water Rights. Under this change action, the consumptive use from the Friend Ranch Water Rights are to also be changed for use as senior bypass water rights on the South Arkansas River under the Town s existing augmentation and exchange decrees in Case Nos. 82CW104 and 99CW183, 11

12 and as explained in Section V.A. hereof. In order to make the consumptive use of the Friend Ranch Water Right available to the Town under this Application, the historically irrigated property will be dried up and removed from irrigation under the Friend Ranch Water Rights, except as irrigation is reapplied to the Friend Ranch pursuant to the terms of the plan for augmentation set forth herein. 2. Change in Place of Diversion. The change in place of diversion would be from the headgates of the Friend Ranch Water Rights to the headgate of Poncha Springs Acequia, all as shown on the Exhibit E map attached to the Application. The Poncha Springs Acequia is a surface water right whose headgate is located on the north bank of the South Arkansas River, a tributary to the Arkansas River, 335 feet nearly due northeast of the center of Section 9, Township 49 North, Range 8 East, N.M.P.M., Chaffee County, Colorado. The Applicant is the owner of 3.07 cfs of the total 5.82 cfs originally decreed on June 19, 1890, District Court for the County of Chaffee, State of Colorado. Said ditch was also given a July 9, 1969 decree for an additional 5.82 cfs of water in Civil Action No in the Chaffee County District Court, State of Colorado, which water right is also owned by Applicant in the amounts as set forth above. The Poncha Springs Acequia is used directly for irrigation within the Town s service area and is considered to have a 50 percent irrigation efficiency. At the Poncha Springs Acequia the historical consumptive use of the Friend Ranch Water Rights, plus the associated return flow component, are requested to be diverted for irrigation uses within the Town. The Friend Ranch Water Rights as changed herein for irrigation uses may continue to be diverted at the points of diversion for the Pass Creek Water Rights, Little Cochetopa Creek Water Rights, and Green Creek Water Right for purposes of irrigation of a golf course located upon the Friend Ranch. The historic consumptive use plus the return flow component associated with such consumptive use is requested to be diverted for such golf course irrigation. Such golf course irrigation diversions will meet the historically irrigated season return flows and delayed return flows for such partial use of the Friend Ranch Water Rights. 3. Change in Places of Use. The Applicant requests that the Friend Ranch Water Rights be changed from their decreed and historical place of use to be used as consumptive credit to the South Arkansas River as augmentation and for bypass water under Case No. 82CW104, including placements into and releases from storage at O Haver Reservoir, North Fork Reservoir and Boss Lake as requested herein. The Friend Ranch Water Rights to be used for the benefit of the Town s service area whether within existing town boundaries, future annexation or extraterritorial areas served with water from the Town. The Town of Poncha Springs service area is likely to change from time to time in the future. 4. Amount and Time of Use. The amount of water claimed as bypass water, augmentation, and for exchange into storage will be the historical depletions attributable to the Friend Ranch Water Rights. The Town will use, divert and exchange the Friend Ranch Water Rights, as changed, when water is physically available and legally in priority at the historical points of diversion or at determined point of administration on the Friend Ranch. The rates of flow at which the Friend Ranch Water Rights, as changed, will be used as bypass water, augmentation, irrigation, and diverted or placed into storage will replicate the 12

13 historical irrigation patterns of the Friend Ranch. The Town will replace delayed return flow obligations accruing to the stream system after the irrigation season from the Friend Ranch Water Rights depletions and/or the Town s other water resources decreed for replacement purposes under its existing decrees. Availability of historical depletions will be determined and limited by appropriate depletion percentages, rolling averages, and monthly maximums. Monthly accountings shall be made to the Division Engineer demonstrating compliance with the requested decree and appropriate transit losses, if any, will be assessed by the Division Engineer s Office. V. Plan for Augmentation. A. Summary of Existing Plan. The Town currently has a decreed plan for augmentation and exchange in Case No. 82CW104, District Court, Water Division 2. The augmentation plan has been supplemented by Case No. 99CW183, District Court, Water Division 2. The existing plan for augmentation allows for the pumping of Poncha Springs wells for the Town s physical water supply, which wells divert water from the alluvium of the South Arkansas River. Depletions to the South Arkansas River and Arkansas mainstem from those groundwater diversions are then augmented. The existing augmentation sources are Frying- Pan Arkansas project water purchased from the Southeastern Colorado Water Conservancy District and used under the terms of Case No. 82CW104 and also the McPherson Ditch water rights as changed in Case No. 99CW183. The original plan for augmentation decreed in Case No. 82CW104 provides for the annual purchase of 45 acre feet of Frying-Pan Arkansas project water or such greater amount as the growth of the Town s water demands requires, and the exchange of part of that project water to storage in Boss Lake Reservoir, North Fork Reservoir and O Haver Reservoir in the headwaters of the South Arkansas River. When there is a valid call from the South Fork of the Arkansas River during the irrigation season, releases from these upstream reservoirs are made under the plan as necessary to replace depletions from the Poncha Springs Wells to the South Arkansas River and mainstem of the Arkansas River. At times when there is not a valid call on the South Fork, releases of project water are made only to the mainstem of the Arkansas River. As the Town s domestic return flows are currently treated and returned to the Arkansas River through the Salida sewage treatment plant, the original plan recognizes that depletions to the South Arkansas River are therefore equal to the amount of water pumped minus return flows from irrigation. In order to prevent injury to the senior South Arkansas diverters during times of a call in the irrigation season, the Applicant under the plan leases 0.07 cfs of the Harrington Ditch water right from the City of Salida which is committed to the South Fork as replacement water for these bypassed water rights ( Bypass Water ). Under the terms of the existing augmentation decree, this Bypass Water protects all other diverters on the South Fork of the Arkansas River under the Applicant s existing augmentation plan. The Town s augmentation plan in Case No. 82CW104 provides that as the population of the Town grows beyond 500, the Applicant may develop and use additional water supplies from the South Fork of the Arkansas River or its alluvium under its existing augmentation plan provided that, at all times, Applicant controls sufficient storage space, senior bypass water rights on the 13

14 South Fork, and an allocation of Frying-Pan Arkansas Project water to replace its out-of-priority depletions in accordance with the provisions of its existing augmentation plan. To meet these requirements, the Applicant currently controls a total of 100 acre feet of storage in Boss Lake Reservoir, North Fork Reservoir or O Haver Reservoir pursuant to its December 9, 1982 Water Storage Agreement with the Upper Arkansas Water Conservancy District. Further, the Town has also purchased additional allocations of Frying-Pan Arkansas project water to replace its out-of-priority depletions in order to service additional populations under its existing augmentation decree. Additional augmentation and bypass water needed for the Town was provided by the McPherson water right as decreed under Case No. 99CW183. Additional augmentation and bypass water needed for the Town to meet its population beyond 500 people is to be provided by the Friend Ranch Water Rights under this case. A copy of the decree in Case No. 82CW104 and Case No. 99CW183 are attached to the Application as Exhibits F and G. B. Structures to be Augmented. The structures to be augmented with the consumptive use from the Friend Ranch Water Rights are the Poncha Springs Wells. Those wells and their locations are identified as follows: 1. Poncha Springs Well No. 1. Poncha Springs Well No. 1 is located in the SW1/4 SW1/4, Section 10, Township 49 North, Range 8 East, N.M.P.M., at a point 1,260 feet from the south line of said Section 10, and 1,300 feet from the west line of Section 10. Said well was permitted under No FR and was decreed in Case Nos. 82CW206 and 88CW5, District Court, Water Division 2. This well is tributary to the South Arkansas River and is included in the Applicant s existing plan for augmentation exchange in Case No. 82CW Poncha Springs Well No. 2. Poncha Springs Well No. 2 is located in the SE1/4 SW1/4, Section 10, Township 49 North, Range 8 East, N.M.P.M., at a point 1,090 feet from the south line of said Section 10, and 1,328 feet from the west line of Section 10. Said well was permitted under No FR and was decreed in Case Nos. 82CW206 and 88CW5, District Court, Water Division 2. This well is tributary to the South Arkansas River and is included in the Applicant s existing plan for augmentation and exchange in Case No. 82CW Poncha Springs Well No. 3. Poncha Springs Well No. 3 is located in the NE1/4 NE1/4, Section 10, Township 49 North, Range 8 East, N.M.P.M., at a point 100 feet from the north line of said Section 10, and 850 feet from the east line of Section 10. Said well was permitted under No R-R. This well is tributary to the South Arkansas River and is augmented under the Applicant s existing plan for augmentation and exchange in Case No. 82CW Poncha Springs Well No. 4. Poncha Springs Well No. 4 is located in the NW1/4 NE1/4, Section 10, Township 49 North, Range 8 East, N.M.P.M., at a point 1245 feet from the north line of said Section 10, and 1,428 feet from the east line of Section 10. Said well was permitted under No F. This well is tributary to the South Arkansas River and is augmented under the Applicant s existing plan for augmentation and exchange in Case No. 82CW Poncha Springs Well No. 5. Poncha Springs Well No. 5 is located in the NW1/4, NE 1/4, Section 7, Township 49 North, Range 8 East, N.M.P.M., at a point 563 feet from the north line of said Section 7, and 1441 feet from the east line of Section 7. Said well 14

15 has not yet been permitted. This well is tributary to the South Arkansas River and will be augmented under the Applicant's existing plan for augmentation and exchange in Case No. 82CW104. C. Water Rights to be Used for Augmentation. The water rights to be used for supplemental augmentation, in addition to the Town s other replacement water under its plans for augmentation, consist of the approximately annual acre feet of depletions requested to be adjudicated for the Town s purposes under the Friend Ranch Water Rights. It is also the Town s intent to utilize 23.0 annual acre feet or more of the Upper Arkansas Water Conservancy District ( UAWCD ) augmentation water owned by the Partnership which will be transferred to the Town under the terms of the Annexation Agreement as a part of the Town providing the Friend Ranch with water service. The UAWCD augmentation is to be provided pursuant to the UAWCD s blanket plan for augmentation as decreed in Case No. 92CW88, District Court, Water Division 2, and as may be hereinafter supplemented and amended. The Town s wells will be named as augmentation structures under the UAWCD augmentation plan and the Town s service areas are located within the blue line of the UAWCD blanket augmentation plan where augmentation structures may be located and augmented. D. Statement of Plan for Augmentation. The consumptive use attributable to the Friend Ranch Water Rights shall be committed to the plan for augmentation to replace the out of priority depletions associated with diversions from the Poncha Springs Wells, as previously described. Depletions from the Poncha Springs Wells are to be calculated in the same manner as under the existing augmentation decree in Case No. 82CW104 and 99CW183 considering the system wide municipal depletion percentages and the lagged aquifer depletions, as applicable, from the Town s wells. Irrigation diversions to golf course use will be considered as 85 percent depletive with 15 percent return flows, and lot irrigation will be considered as 80 percent depletive with 20 percent return flows to the stream system. The release or dedication of the Friend Ranch Water Rights depletions will be used as replacement of these out of priority well depletions to be made in accordance with the terms of the Town s existing augmentation decrees and as provided herein. The Town anticipates the future wastewater treatment for the development located upon the Friend Ranch, as well as other municipal service areas, to be from a new central wastewater treatment located upon Town property, within its municipal service area, which discharges return flows to the South Arkansas River. In such event, the depletions from well diversions treated at the onsite wastewater treatment plant will be five percent of water delivered to the plant. In such event, for all well diversions treated at the on site plant, there will be augmentation of pumping depletions but there will not be any requirement for Bypass Water owed to the South Arkansas River. These sewered return flows may also be diverted and delivered back to the proposed golf course or for other Town irrigation, at times after storage, with such reuse of sewered return flows being augmented as set forth herein. VI. Exchange. A. Summary of Existing Exchanges. The Town has a December 9, 1982 Agreement with the Upper Arkansas Water Conservancy District allowing the storage of up to 100 acre feet of water in O'Haver Reservoir, North Fork Reservoir and Boss Lake 15