DISTRICT COURT, WATER DIVISION 1, COLORADO

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1 DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2017 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 2017 for each County affected. 17CW37 DANA AND DONNA WINCHELL, 3997 Running Brook Road, Elizabeth, CO APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit , and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.66 acre tract of land lying in the SE1/4 SE1/4 S30, T7S, R64W of the 6 th pm including the Dawson, Denver Arapahoe and Laramie-Fox Hills aquifers. 17CW38 THE ERLIN AND RICHARD LEONARD FAMILY TRUST, 9643 Salem Ct., Highlands Ranch, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: in case 97CW128, WD1; Subsequent decree: in case 11CW17, WD1. Leonard Well #2 located SE1/4 NE1/4, S5, T13S, R72W of the 6 th PM at a distance 2384 ft. from N and 222 ft. from E. 140 Pine Forest Road, Lake George CO, Mountain Spring Ranch Estates Subdivision; Lot 22, Unit 1. Source: Groundwater. Appropriation date: Amount: cfs (15 gpm) Conditional. Use: Household use only in a single family dwelling, not including irrigation. 17CW39 MICHAEL L. OLIVER AND LYNN C. LEMON-OLIVER, th St., Penrose, CO APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT FOR AN EXEMPT WELL IN TELLER COUNTY. Well, permit 45347, located SW1/4, SE1/4, S9, T11S, R70W, 6 th PM at a distance 50 ft. from S and 1700 ft. from E. Turkey Rock Ranch, 236 Kjelstrup, Lot 27A. Date water applied to beneficial use: Depth: 190 ft. Amount: 1/2 gpm. Use: Single family dwelling and domestic animal watering. 17CW3107 National Park Service, Water Resources Division, 1201 Oakridge Drive, Suite 250, Fort Collins, CO 80521, (970) TELLER COUNTY, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UNITED STATES OF AMERICA IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES IN TELLER COUNTY, APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART AND FOR FINDING OF DILIGENCE. 1. Name, address, telephone number of applicant: National Park Service, Water Resources Division, 1201 Oakridge Drive, Suite 250, Fort Collins, CO 80521, (970) Name of structure: Sawmill Trail Well. Type: Well. 3. Describe conditional water right (as to each structure) including the following information from previous decree: A. Date of Original Decree: February 28, B. Case No.: 94CW083. Court: Water Division No. 1. B. List all subsequent decrees awarding findings of diligence: Date of Decree: October 21, Case No.: 02CW024. Court: Water Division No. 1. Date of Decree: August 17, Case No.: 09CW161. Court: Water Division No. 1. C. Legal description (see map attached as Exhibit 1): NE1/4 SW1/4, Section 23, T13S, R71W, Sixth Principal Meridian. 2,405 feet from the south section line and 1,973 feet from the west section line. D. Source of water: Groundwater, tributary to Grape Creek, tributary to Twin Creek, tributary to South Platte River. E. Appropriation date: February, Amount: 20 g.p.m., 3.5 af/yr. Use: Domestic and commercial uses, including drinking water, restroom use, maintenance and irrigation. Depth (if well): 220 feet. 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, during the previous diligence period. The National Park Service ( NPS ) originally completed the Sawmill Trail well in 1990, in anticipation of the construction of a new visitor complex, and a conditional water right was decreed on February 28, 1996 (case no. 1

2 94CW083). The Sawmill Trail well was granted a conditional water right for 20 gallons per minute, not to exceed 3.5 acre-feet per year, to provide water for domestic and commercial uses for the new visitor center and other NPS facilities. Construction of the visitor center was delayed multiple times, but in 2006 designs for a scaled-down facility were complete, along with the appropriate environmental analyses. Lack of funding again delayed construction. In the interim, NPS filed an application for a finding of reasonable diligence for the completion of the conditional water right, which was granted on August 17, 2011 (case no. 09CW161). The order directed that the conditional right is continued in full force and effect until August 31, The facility was ultimately completed in December 2012, at a cost of $3.2 million. NPS began withdrawing and using water from the Sawmill Trail well in November For 2013, water was used only in November and December, totaling approximately 0.02 acre-feet. In 2014, 0.57 acre-feet of water were withdrawn; in 2015, 0.64 acre-feet, and in 2016, 0.75 acre-feet (see documentation attached as Exhibit 2). Primary water uses are from visitor center bathrooms, a water fill station, administration building and flushing hydrants. Annual visitation has increased on average 9 12% over the last two years, with similar trends expected. 5. If claim to make absolute in whole or in part: A. Date water applied to beneficial use: November, Amount: 20 g.p.m. (0.75 af/yr. in 2016). Use: Domestic and commercial uses, including drinking water, restroom use, maintenance and irrigation. B. Description of place of use where water is applied to beneficial use: Headquarters and Visitor Center area of Florissant Fossil Beds National Monument (See attached Exhibit 1). Location information in UTM format: UTM coordinates Northing N Easting E (NAD83) Zone 13 Street address: Teller County Road 1, Florissant, CO Source of UTMs: Trimble Geo XT Geoexplorer 2008 series Accuracy of location displayed on GPS device: Accuracy 0.5 to 1.0 meter Legal Description using the Public Land Survey System (PLSS): Legal Description: Teller County NE1/4 of the SW1/4 Section 23 Township 13S Distance from section lines: 2,405 Feet from South and 1,973 Feet from West Range 71W Source of PLSS information: Decree for Case No. 09CW161, August 17, 2011 Street address: Teller County Road 1, Florissant, CO Principal Meridian 6th 6. Name(s) and address(es) of owner(s) or reputed owners 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. National Park Service, Florissant Fossil Beds National Monument, Teller County Road 1, Florissant, CO WHEREFORE, the United States respectfully requests entry of a decree 1. Finding that the Sawmill Trail Well water right has been made ABSOLUTE in the amount of 20 gallons per minute, and a volume of 0.75 acre-feet per year, and 2. Finding that the United States has been diligent in the completion of the Sawmill Trail Well water right, and continuing as CONDITIONAL the volume of 2.75 acre-feet per year. 2

3 17CW3108 Pete C. Kuyper, P.O. Box 729, Divide, CO 80814, (719) DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO. Weld County Courthouse, 901 9th Street, Greeley, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PETE C. KUYPER IN TELLER COUNTY, COLORADO. 1. Name, address and telephone number of applicant: Pete C. Kuyper, P.O. Box 729, Divide, CO 80814, (719) Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, th Street, Boulder, Colorado Name of structures: Kuyper Well Nos. 13 and Description of conditional water rights: (a) Prior Decrees. Decreed by the District Court in and for Water Division No. 1 in Case No. 90CW095 on April 2, Prior findings of reasonable diligence have been obtained in Case Nos. 97CW139, 04CW233 and 11CW41. (b) Location. Kuyper Well No. 13 is located in the NE1/4NE1/4 of Section 12, T.13 S., R.70 W., 6 th P.M. at point 450 feet south of the north section line and 125 feet west of the east section line of said Section 12. Kuyper Well No. 14 is located in the SW1/4SW1/4 of Section 6, T.13 S., R.69 W., 6 th P.M. at a point 1300 foot north of the south section line and 600 feet east of the west section line of said Section 6. (c) Source. Groundwater tributary to Rule Creek, a tributary of Trout Creek, a tributary of Horse Creek, a tributary of the South Platte River. (d) Appropriation Date. May 7, 1990 for each. (e) Amount. 200 gpm, conditional, for each, with total diversions from both wells not to exceed 400 acre feet annually. (f) Uses: Irrigation, municipal, fire protection, domestic, commercial, industrial, recreational, fish propagation, and all other beneficial uses, and to fill and maintain Divide Reservoir Nos. 1, 2 and 3. The wells are also alternate and supplement points of diversion for Kuyper Well Nos. 1 through 11 which were decreed in Case No. 86CW Diligence Activities. Since entry of the last diligence decree, Applicant has undertaken the following specific activities that demonstrate diligence with respect to the subject conditional water rights: (a) Applicant filed for and obtained a decree in Case No. 15CW3100 making a portion of the conditional storage right decreed to Divide Reservoir No. 1 absolute and finding diligence with respect to the remainder of the right. All diligence activities found in that case are also claimed as diligence with respect to the subject rights. Divide Reservoir No. 1 and the subject conditional well rights are part of an integrated water supply system and diligence on one portion of the system is to be considered as diligence on all other parts of the system. (b) Applicant filed for and obtained a decree in Case No. 15CW3101 making portions of the conditional water rights decreed to Kuyper Well Nos. 1, 3 and 4 absolute, and finding diligence with respect to the balance of such conditional water rights as well as the conditional water rights decreed to Kuyper Well Nos. 2 and All diligence activities found in that case are also claimed as diligence with respect to the subject rights. Divide Reservoir No. 1 and the subject conditional well rights are part of an integrated water supply system and diligence on one portion of the system is to be considered as diligence on all other parts of the system. (c) Applicant filed for and obtained a decree in Case No. 13CW3099 finding diligence with respect to the conditional water storage rights decreed to Divide Reservoir Nos. 2 and 3. All diligence activities found in that case are also claimed as diligence with respect to the subject rights. Divide Reservoir Nos. 2 and 3 and the subject conditional well rights are part of an integrated water supply system and diligence on one portion of the system is to be considered as diligence on all other parts of the system. (d) Applicant filed in May of 2017 an application to make a portion of the Woodland Park/Divide Exchange absolute and for a finding of diligence with respect to any portion not made absolute. All diligence activities found in that case are also claimed as diligence with respect to the subject rights. The Woodland Park/Divide Exchange and the subject conditional well rights are part of an integrated water supply system and diligence on one portion of the system is to be considered as diligence on all other parts of the system. (e) Applicant has continued to operate and upgrade the central water system of which the subject rights are a part, which system currently serves 76 taps in Divide, Colorado. Applicant has filed monthly reports to the local Water Commissioner and participated in site inspections by the local Water Commissioner. (f) Applicant intends to drill and complete the subject wells as soon as demands require. (4 pages) 17CW3109 Crabb Trust, c/o Denis Clanahan, Esq., Trustee, 1873 S. Bellaire St., #1401, Denver, Colorado (c/o Timothy J. Flanagan, Esq., 1640 Grant Street, Suite 300, Denver, Colorado 80203). 3

4 CONCERNING THE APPLICATION TO CORRECT WELL RELOCATION IN WELD COUNTY: The Purpose of this Petition is to correct an erroneous legal description of an adjudicated well by the Applicant landowner. The subject well was a late registered well which was decreed in Case No. W (copy attached as Exhibit A) by National Food Stores, Inc. King Meat Packers, Inc., as part of a group of 22 well structures. The subject well has been in operation for over 30 years and supplies sanitary water. The Applicant owns Well No. 19 and both the correct location as well as the decreed location, a distance of approximately 850 feet (see Deed attached as Exhibit B). There are no intervening water rights (see aerial photo attached as Exhibit C). Name of Well: Well No (previously known as National Food Well No ); Legal Description of Well: a. In Case No. W-5121, the location of Well No. 19 was decreed as follows: Well No. 19 is located in the NE1/4 of the NW1/4 of Section 31, Township 1 North, Range 66 West of the 6 th P.M. Weld County, Colorado, at a point 1230' S of N line and 2010' E of W line, said Section 31 ; b. Said Well No. 19 is actually located as follows: NW1/4 of the NE1/4 Section 31, Township 1 North, Range 66 West of the 6 th P.M. Weld County, Colorado, at a point 669' S of N line and 2630' from the E of said Section 31; c. UTM Format: Easting W 104º , Northing N 40º ; Source: a. Source of Water: Groundwater tributary to the South Platte River; b. Depth of Well: 58 feet. Appropriation: a. Date of Appropriation: December 31, 1956; b. How Appropriation was Initiated: Application to beneficial use; c. Date Water Applied to Beneficially Use: December 31, Tributary Groundwater: a. Amount Claimed: 20 gallons per minute absolute; b. The Well has been in operation at the correct location for more than 30 years. Augmentation Plan: Not applicable. Well Use: The water is decreed for domestic and livestock purposes and is used for sanitary purposes. Landowner: The Applicant is the landowner upon which the Well No is located as well as Well No Remarks: Attached is an aerial photograph showing the decreed location and the actual location of Well No (See Exhibit C-1 and C-2). It is a distance of approximately 850 feet between the decreed location and the actual location and there are no intervening water rights between the decreed location and the actual location. The Applicant owns both the decreed location and the correct location of Well No CW3110 Erin Marquez, 9255 North Delbert Road Parker, CO 80138, Telephone: (720) , erinmarquez3107@gmail.com. Attorneys: Peggy E. Montaño and Michael A. Kopp of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: , pmontano@troutlaw.com and mkopp@troutlaw.com. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY, COLORADO 1. Name, mailing address, and telephone number of Applicant: See above. 2. Well Permits: The Applicant intends to withdraw water using an existing well with Permit No Once a decree is entered in this case, the Applicant will seek to repermit this well consistent with that decree. 3. Subject Property: 10 acres, being the south 330 feet of the Northeast Quarter of the Southeast Quarter of Section 28, Township 6 South, Range 65 West of the 6th Principal Meridian, County of Douglas, State of Colorado, as shown on Exhibit A attached to the application ("Subject Property"). Applicant is the owner of the Subject Property. 4. Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections (10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie- Fox Hills aquifers are nontributary as described in Section (10.5), C.R.S. 5. Estimated Amounts: Applicant estimates the following annual amounts are available: Aquifer Annual Amount Upper Dawson 3.18 acre-feet Lower Dawson 1.72 acre-feet Denver 6.78 acre-feet Arapahoe 3.91 acre-feet Laramie-Fox Hills 3.09 acre-feet 4

5 6. Proposed Use: Domestic, including in-house; commercial; irrigation; livestock watering, including commercial boarding of domestic animals; fire protection; dust suppression; and augmentation purposes, including storage, both on and off the Subject Property. 7. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Section (2), and (6), C.R.S. 8. Description of plan for augmentation: A. Groundwater to be augmented: Up to 1.25 acre-feet per year of the available Upper Dawson aquifer groundwater as requested herein. B. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in-house domestic use (0.3 acre-feet), irrigation of up to approximately 8000 square feet of lawn, garden, and trees (0.35 acre-feet), livestock watering for up to 28 horses (0.35 acre-feet), and dust suppression (0.20 acre-feet) through the existing well on the Subject Property. The well will operate at a rate of flow not to exceed 15 gpm. Sewage treatment for in-house use will be provided by a nonevaporative septic system and return flow from in-house and irrigation use will be approximately 90% and 10% of that use, respectively. During pumping, Applicant will replace actual depletions to the affected stream system pursuant to Section (9)(c.5), C.R.S. Depletions may occur to the Coal Creek stream system, which is tributary to the South Platte River. Return flows will accrue to Coal Creek, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. 9. Notice: The following wells are listed in the records of the Division of Water Resources as being located within 600 feet of Applicant s well identified in paragraph 2, above: well with permit number The owner of record for this well is Jocelyn Claffy. Pursuant to C.R.S (2)(b)(II)(B), the Applicant has given notice of this Application to Ms. Claffy. Notice was sent by certified mail, return receipt requested, to Jocelyn Claffy, 6915 South Norfolk, Denver, CO 80232, 14 or more days before filing this Application. Because Jocelyn Claffy is not the owner of record for the real property on which the well is purportedly located, the Applicant also submitted notice to the owner of record for this real property, the Beeghly Family Trust. Notice was sent by certified mail, return receipt requested, to the Beeghly Family Trust, 9137 N. Delbert Road, Parker, CO 80138, 14 or more days before filing this Application. 10. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure, is or will be constructed: Applicant. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained. 12. Specifically determining that: A. Applicant has complied with Section (4), C.R.S., and water is legally available for withdrawal. B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. (5 pages). 17CW3111 CITY OF LONGMONT, c/o Public Works and Natural Resources Department, 1100 South Sherman Street, Longmont, Colorado 80501, (303) , water@ci.longmont.co.us. Copies of pleadings to: David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) , dhayes@petros-white.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of structure(s): City of Longmont White Water Course (also referred to herein as the White Water Course ). The White Water Course is located in the Dickens Farm Park, within the St. Vrain River Greenway, which is owned by the City of Longmont ( Longmont ). The White Water Course includes several individual physical control structures, each designed to divert, capture, and control water between specific points, for the beneficial use of a recreation experience in and on the water. 3. Description of conditional water right: A. Prior decrees: A decree adjudicating the Longmont White Water Course was entered on December 7, 2004, in Case No. 01CW275, District Court, Water Division No. 1, Colorado. A subsequent decree, entered on August 17, 2011, in Case No. 10CW299, District Court, Water Division No. 1, Colorado, continued the 5

6 conditional water rights for the Longmont White Water Course. B. Legal description: The individual physical control structures comprising the White Water Course lie within the channel of St. Vrain Creek, with a reach extending both upstream and downstream of the former location of the Bonus Ditch Diversion Dam, which was, before the 2013 flood, located at a point from where the Northeast corner of Section 10, Township 2 North, Range 69 West, 6 th P.M., bears North 23º30 4 West a distance of feet. Said reach extends downstream to a point on the East line of Section 10, Township 2 North, Range 69 West of the 6 th P.M., Boulder County, Colorado. A map depicting the general location of the White Water Course is attached hereto as Exhibit A. C. Source: St. Vrain Creek, tributary to the South Platte River. D. Appropriation date: July 10, E. Amount and use: The following amounts (expressed in cubic feet per second) are conditionally decreed for each of the structures collectively comprising the White Water Course, for each of the specified time periods, for the specified recreational in-channel boating use: TIME PERIOD AMOUNT RECREATIONAL EXPERIENCE/USE March 1 April Boat passage May Intermediate kayaking May 16 June Expert kayaking, rafting June 16 July Intermediate kayaking August 1 September Beginner kayaking October Boat passage 4. Detailed outline of work done to complete project and apply water to beneficial use: The conditional water rights originally decreed in Case No. 01CW275 for the White Water Course are an integral component of Longmont s Saint Vrain Creek Greenway Improvement Project, which has been incorporated into Longmont s post-flood recovery efforts. During the applicable Diligence Period (August 2011 to the present), Longmont has spent considerable time and money to develop the White Water Course. Longmont s efforts to develop the White Water Course and the conditional water rights that are the subject of this Application during the Diligence Period support a finding of reasonable diligence. These efforts include, without limitation, the work summarized as follows: A. Flood recovery and planning. The September 2013 flood event on St. Vrain Creek had devastating impacts in Longmont, including to the St. Vrain River Greenway and the area of the White Water Course. The Bonus Ditch diversion dam, originally planned as the starting point of the White Water Course, was destroyed by the flood, and the local stream channel morphology was significantly altered. In the aftermath of the flood, Longmont initiated a major improvement project on the Saint Vrain Creek, known as the Resilient Saint Vrain Project ( RSVP ), to protect City infrastructure, improve the flood conveyance capacity and the overall resiliency of the St. Vrain Creek, and restore the Greenway. Following design, construction of Phase I of the RSVP began in During the Diligence Period Longmont spent $6,611, for the RSVP within Reach #1 (Main Street to Martin Street) of the St. Vrain. B. Construction of the White Water Course. The RSVP efforts within Reach #1 included construction of the various control structures comprising the White Water Course. Construction of the control structures was completed in July of 2017; however, for safety reasons, the Course will not be opened for public access until construction is completed on other facets of the RSVP. Costs specifically attributable to design and construction of the White Water Course structures totaled $1,873, during the Diligence Period. 5.Name(s) and address(es) of owner(s) or reputed owners 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: The White Water Course and its control structures are all located on property owned by Longmont. WHEREFORE, Longmont respectfully requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the subject conditional water rights described in Paragraph 3 above. 17CW3112 (case 17CW3047 Division 2) OWEN B. CARLETON AND CAROL L. CARLETON, 6

7 Henry D. Worley, Worley Law Office LLC, 611 North Weber, Suite 104, Colorado Springs, CO Application for Denver Basin Ground Water and for Approval of Plan for Augmentation IN DOUGLAS COUNTY.The name, address, telephone number of applicant: Owen B. Carleton and Carol L. Carleton, 3261 Estates Circle, Larkspur, CO 80118, phone , I. APPLICATION FOR DENVER BASIN WATER RIGHTS. 1. Names of wells and permit, registration, or denial numbers: Permit No Legal description of wells: Permit No is constructed in the Dawson aquifer in the SE1/4 SW/14 Section 30, T. 10 S., R. 66 W., 6 th P.M., 907 feet from the south section line and 1791 feet from the east section line. One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers is contemplated, plus all necessary additional and/or replacement wells, to be located anywhere on Applicant s 4.77 acre property, the legal description of which is Tract I Assembly Estates in Douglas County (the Property ). The address of the Property is 3261 Estates Circle, Larkspur, CO A map showing the general location of the property is attached as Figure 1; a second more detailed map is attached as Figure Sources: not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 gpm, 386 acre feet absolute; Denver aquifer - 15 g.p.m., 453 acre feet absolute; Arapahoe aquifer g.p.m., 239 acre feet, absolute; Laramie-Fox Hills aquifer g.p.m., 149 acre feet, absolute. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed uses: Drinking, cooking and sanitary purposes inside a primary house and a guest house/detached home office; commercial for crop irrigation; stock water; hot tub/spa and/or swimming pool; lawn and garden irrigation; other landscaping features; fire suppression; augmentation through septic system return flows. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: Well permit No other water rights are or will be diverted from that well. After entry of a decree, permit will be re-permitted consistent with the provisions of the augmentation plan. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Well permit is only permitted for indoor residential uses. Applicants seek approval of a plan for augmentation which will allow multiple uses from this structure, including without limitation indoor residential and commercial uses, crop irrigation for personal and commercial purposes, landscape irrigation, a detached home office or guest house, livestock water, hot tub and/or swimming pool, and augmentation of depletions through septic system return flows. Indoor use for the primary house is conservatively expected to be no less than 0.2 acre foot annually. Treatment of waste water from indoor uses will be achieved using a nonevaporative individual septic tank and leach field system; the State Engineer conservatively estimates than annual return flows from water so treated will no be less than 0.18 acre foot. Such return flows will accrue to tributaries of the South Platte River. This plan for augmentation will allow annual pumping not to exceed 0.75 acre foot over a 300 year period, based upon estimated depletions of 24 percent of pumping in the 300 th year. By observing that pumping limitation, septic system return flows will equal or exceed the 0.18 acre foot of maximum stream depletions during the pumping period. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of the South Platte River shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the nonevaporative septic system return flows, and to replace post-pumping depletions with the nontributary Denver aquifer water decreed herein, approximately 198 acre feet of which will be reserved for that purpose. Applicants will reserve the right to replace such depletions with any other judicially acceptable source of augmentation water, upon judicial approval after appropriate notice. 12. Miscellaneous provisions. (1) There is one lien against the Applicants property. The lienor has been notified of this application as required by C.R.S (2)(b). See Exhibit A. (2) This application is being filed in Water 7

8 Divisions 1 and 2. After the period for filing statements of opposition has expired, Applicants will seek to consolidate the two cases in Division 1, where the Property is located. (3) Applicants reserve the right to make minor changes in the amounts claimed for appropriation and in the allowable amounts to be pumped annually under the augmentation plan, based on variations between the information currently available to Applicants and the information contained in the Determinations of Facts and the Consultation Report. 17CW3113 Lower Poudre Augmentation Company, c/o Dale Trowbridge, Railroad Avenue, P.O. Box 104, Lucerne, CO (970) APPLICATION TO MAKE WATER RIGHTS ABSOLUTE OR IN THE ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE IN LARIMER AND WELD COUNTIES. Future correspondence and pleadings to: Donald E. Frick and Daniel K. Brown, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) Name of Structure: Harmony 25 Reservoir: 2.1. Legal description of location of reservoir: SE1/4 of Section 34, Township 7 North, Range 68 West, 6 th P.M., in Larimer County Point of Diversion: Box Elder Ditch: Decreed point of diversion on the South bank of the Cache la Poudre River in the SW1/4 of the SE1/4 of the NE1/4 of Section 20, Township 7 North, Range 68 West Source: Cache la Poudre River Date of appropriation: September 1, Decreed Amount: acre-feet, CONDITIONAL, with the right to fill and refill Rate of diversion for filling the reservoir: 50 cfs Uses: Applicant will use the water for augmentation, recharge and replacement water to replace out of priority depletions associated with the pumping of wells described in Applicant s augmentation plan decreed in Consolidated Case Nos. 04CW25/06CW295 ( LPAC Case ) District Court, Water Division No. 1, State of Colorado, and for the irrigation of lands located within the New Cache la Poudre Irrigating Company s service area. Such lands are situate in all or portions of Sections 2, 3, 4, 5, Township 5 North, Range 64 West; Sections 1, 2, 3, 4, 5, Township 5 North, Range 65 West; Sections 7, 17, 18, 19, 20, 29, 30, Township 6 North, Range 63 West; Sections 7, 12, 13, 14, 18 through 36, Township 6 North, Range 64 West; Sections 12, 13, 14, 15, 16, 17, 19 through 36, Township 6 North, Range 65 West; Sections 13, 14, 15, 16, 17, 19 through 34, Township 6 North, Range 66 West; Sections 15 through 25, Township 6 North, Range 67 West; Sections 11, 12, 13, Township 6 North, Range 68 West, all of which lands are situate in Weld County, Colorado. Additionally, Applicant may make recreational uses of this water, which include fishing, wading, swimming and boating on and in the reservoir. In addition, the Town of Timnath is planning on developing a public park and recreational trail in the vicinity of the reservoir. 3. Claim to make Absolute or in the alternative Finding of Reasonable Diligence: Applicant diverted and stored water under the Harmony 25 Reservoir water right in the following amounts during the diligence period: 2011, acre-feet; 2013, 12.5 acre-feet; 2014, acre-feet; 2015, 50.7 acre-feet. Pursuant to C.R.S (4)(e), Applicant claims the entire conditional water right decreed to the Harmony 25 Reservoir use absolute. In the event that for whatever reason the Court concludes that any portion(s) of the foregoing conditional water right has not been made absolute, Applicants request said portion(s) continue as conditional and further provide the following outline of what has been done toward completion of the conditional appropriations. During this diligence period, Applicant has expended time, money and effort in compliance with the terms and conditions of the decree entered in Case No. 09CW30, including but not limited to the purchase and installation of measurement structures for decreed points of inflow, as well as the development, updating and reporting of the accounting in this case. Further, the subject water rights are a primary source of augmentation water for Applicant s augmentation plan decreed in the LPAC Case. Applicant expended significant time, effort and money to obtain a final decree in the LPAC Case during the diligence period (the LPAC case was decreed on January 21, 2014), as well as to develop, update and report coordinated accounting in these cases. Applicant has acquired additional water rights to supplement supplies. Finally, Applicant has expended time, money and effort as the Applicant in Water Court cases (including Consolidated Cases 04CW25/06CW295, Case 15CW3095), and as an opposer in other cases (including Cases 05CW226, 08CW178, 10CW269, 11CW265, 13CW3026, 13CW3141, 14CW3046, 14CW3074, 14CW3158, 14CW3176, and 15CW3099), as well and other activities aimed at securing and protecting 8

9 the subject water right and Applicant s other water rights and interests. All told, Applicant and its affiliated companies have expended at least $10,000,000 for the foregoing purposes and will offer an itemized breakdown of costs and expenditures as further proof of diligence in this case. Applicant has undertaken other activities and incurred additional costs not further described or enumerated here but that may be used as further evidence in this case of Applicant s diligence in developing the subject water right. 4. Name(s) and address(es) of reputed owners 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: 4.1. The Box Elder Ditch Company, 730 Ash Mesa Road, Delta, CO pages 17CW3114 CENTER OF COLORADO WATER CONSERVANCY DISTRICT, P.O. Box 1747, Fairplay, CO 80440; Attorneys: David M. Shohet, Ryan W. Farr, Monson, Cummins & Shohet, LLC, 319 N. Weber Street, Colorado Springs, CO 80903, , dms@cowaterlaw.com, rwf@cowaterlaw.com. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE IN PARK COUNTY. Summary of Application. Applicant seeks a finding of reasonable diligence and to make absolute in whole and in part the conditional water rights decreed in 09CW145, District Court, Water Division 1 ( Decree ). Description of Conditional Surface Water Right. Name of Surface Water Right. London Mining and Smelter Ditch Enlargement (WDID ). Legal Description of Structure. The London Mining and Smelter Ditch Enlargement is located on the left bank of Mosquito Creek at a point whence the E1/4 corner of Section 13, Township 9 South, Range 78 West of the 6 th P.M. bears south 58 30' East 1,892 feet. Date of Original Decree. The date of the original decree is August 17, Case Number. The case number of the original decree is 2009CW145, District Court, Water Division 1. Source. The source of water for the London Mining and Smelter Ditch Enlargement is Mosquito Creek, tributary to the Middle Fork of the South Platte River, tributary to the South Platte River. Appropriation Date. The appropriation date for the London Mining and Smelter Ditch Enlargement is September 2, 2009, based on the adoption of a resolution of Applicant s Board of Directors at its September 2, 2009 meeting that directed the filing of the application and by other overt acts demonstrating intent to appropriate this conditional water right. Decreed Amount. The amount of the water right decreed to the London Mining and Smelter Ditch Enlargement is 1.5 c.f.s., conditional. Decreed Uses. Augmentation, substitution and exchange, domestic, commercial, industrial, irrigation, livestock, recreation, fish and wildlife propagation, fire protection, including the fill and refill of the London Mining and Smelter Reservoir 1 st Enlargement. Applicant shall use the water for beneficial purposes within Park County, Colorado. Remarks. The awarded conditional water right in the Decree is an enlargement of the London Mining and Smelter Ditch Decreed in Case No. W on August 3, 1977, District Court, Water Division 1. Description of Conditional Water Storage Right. Name of Storage Right. London Mining and Smelter Reservoir 1 st Enlargement (WDID ). Legal Description of Structure. The center of the dam is located in the SW 1/4 NE 1/4, Section 13, Township 9 South, Range 78 West of the 6 th P.M. Date of Original Decree. The date of the original decree is August 17, Case Number. The case number of the original decree is 2009CW145, District Court, Water Division 1. Source. The source of water for the London Mining and Smelter Reservoir 1 st Enlargement is Mosquito Creek, tributary to the Middle Fork of the South Platte River, tributary to the South Platte River. Appropriation Date. The appropriation date for the London Mining and Smelter Reservoir 1 st Enlargement is September 2, 2009, based on the adoption of a resolution of Applicant s Board of Directors at its September 2, 2009 meeting that directed the filing of the application and by other overt acts demonstrating intent to appropriate this conditional water right. Decreed Amount. Volume: 50 acre-feet, conditional, with right to fill and refill. Rate of Diversion: 1.5 c.f.s., conditional. Decreed Uses. Storage for augmentation, substitution and exchange, domestic, commercial, industrial, irrigation, livestock, recreation, fish and wildlife propagation and fire protection. Applicant shall use the stored water for beneficial purposes within Park County, Colorado. Decreed Surface Area at High Water Mark. The decreed surface area at the high water mark is 5.1 acres. Decreed Dam Specifications. Maximum Height: 9.9 feet. Length of Dam: 500 feet. Total Capacity of the 9

10 Reservoir. Active Capacity: 50 acre-feet. Dead Storage: 0 (zero) feet. Remarks. The London Mining and Smelter Reservoir 1 st Enlargement is an enlargement of the Smelter Pipeline Reservoir decreed in Case No. W on August 3, 1977, District Court, Water Division 1. Detailed outline of what has been done toward completion of for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The London Mining and Smelter Ditch Enlargement and the London Mining and Smelter Reservoir 1 st Enlargement are component parts of the Applicant s integrated water supply system, which consists of storage water rights, plans for augmentation, appropriative rights of exchange, and surface water rights. Pursuant to (4)(b), C.R.S., work on one component of the integrated system shall be considered in finding that reasonable diligence has been shown for all components of the integrated system. During the subject diligence period, Applicant has outlaid the following expenditures or completed the following work related to the integrated water system: In 2009, Applicant commenced a major rehabilitation of the London Mining and Smelter Reservoir. Construction ended in Applicant spent $580, rehabilitating the London Mining and Smelter Reservoir between 2009 and Applicant pursued an Application for Approval for Plan for Augmentation including Appropriative Rights of Exchanges in Case No. 12CW50, District Court, Water Division 1 ( Case No. 12CW50 ). Case No. 12CW50 was decreed on July 7, Case No. 12CW50 is an additional blanket augmentation plan for the Applicant and its water authority, the Headwater Authority of the South Platte ( HASP ), jointly created with the Upper South Platte Water Conservancy District ( USPWCD ), utilizing the water rights subject of this application together with other water rights in order to provide augmentation water throughout the Applicant and HASP s service areas. Applicant pursued an Application for Approval of Plan for Augmentation including Appropriative Rights of Exchange in Case No. 03CW19, District Court, Water Division 2 ( Case No. 03CW19 ). Case No. 03CW19 was decreed on June 29, Case No. 03CW19 is an additional blanket augmentation plan for the Applicant, USPWCD, and HASP. Case No. 03CW19 is the Applicant, USPWCD, and HASP s first augmentation plan that extends their ability to augment stream depletions occurring in a majority of that portion of Park County that is located in Water Division 2. Such augmentation plan utilizes the water rights subject of this application together with other water rights in order to provide augmentation water in Division 2. Applicant and USPWCD pursued an Application for Findings of Reasonable Diligence and to Make Conditional Water Rights Absolute in Case No. 14CW3052, District Court, Water Division 1, to judgment and decree, dated March 4, Applicant pursued an Application for Water Storage Right in Chatfield Reservoir in Case No. 13CW3148, District Court, Water Division 1. This case was decreed on November 5, 2015 and is to be utilized by the Applicant within its decreed plans for augmentation. Applicant and the Centennial Water and Sanitation District constructed the James Tingle Reservoir adjacent to Michigan Creek in Park County. In addition, Applicant and Centennial Water and Sanitation District adjudicated a water storage right for the James Tingle Reservoir in Case No. 09CW180, District Court, Water Division 1, by decree dated December 11, Applicant spent approximately $500,000 for its share of the costs of constructing James Tingle Reservoir and adjudicating the water rights for the reservoir. Applicant and USPWCD are currently pursuing an Application for Conditional Surface Water Right in Case No. 15CW3146, District Court, Water Division 1, in order to obtain a junior water right to be used to provide water throughout the service areas. Applicant and USPWCD are currently pursuing an Application for Findings of Reasonable Diligence and/or to Make Conditional Water Rights Absolute in Case No. 17CW3072, District Court, Water Division 1, for exchanges adjudicated in Case No. 06CW270, District Court, Water Division 1. Such exchanges are utilized to provide augmentation water within the service areas of the Applicant and HASP. Applicant itself and through HASP has filed statements of opposition to numerous Water Court applications to protect Applicant s water rights, including water rights subject of this case. Applicant continues to meet and discharge its duty as water conservancy district, either independently or through HASP in order to provide and supply augmentation water to those located within the service areas. Applicant paid $14, for surveying, excavation, seeding, miscellaneous materials, culvert cleaning, CDPHE permit fees, and piping inspection expenses for the Smelter Pipeline Reservoir and the London Mining and Smelter Ditch. Applicant paid $146, in engineering, evaporation tests, and 10

11 miscellaneous testing expenses for the Smelter Pipeline Reservoir. Applicant paid $198, in legal and professional expenses involving the Smelter Pipeline Reservoir and London Mining and Smelter Ditch. Applicant paid $64, in operations manager salary and $2, in miscellaneous operating supplies reading the Smelter Pipeline Reservoir and London Mining and Smelter Ditch. Total expenditures by the Applicant from January 1, 2010 through December 31, 2016 relating to Smelter Pipeline Reservoir and the London Mining and Smelter Ditch comes to $1,006, Applicant diverted in-priority a total of 6.82 acre-feet into the London Mining and Smelter Reservoir 1 st Enlargement at a maximum rate of c.f.s. by means of the London Mining and Smelter Ditch Enlargement from May 13 through May 18, Applicant diverted in-priority a total of acre-feet into the London Mining and Smelter Reservoir 1 st Enlargement at a maximum rate of 1.37 c.f.s. by means of the London Mining and Smelter Ditch Enlargement from April 23 through April 27, Applicant diverted in-priority a total of acre-feet into the London Mining and Smelter Reservoir 1 st Enlargement at a maximum rate of 1.5 c.f.s. by means of the London Mining and Smelter Ditch Enlargement from September 19, 2013 through June 23, Claim to Make Absolute. Applicant seeks to make absolute the rate of diversion for the London Mining and Smelter Ditch Enlargement and the London Mining and Smelter Reservoir 1 st Enlargement, and to make partial absolute the volume of storage for the London Mining and Smelter Reservoir 1 st Enlargement as follows: Claim for absolute: Applicant diverted the maximum rate of 1.5 c.f.s by means of the London Mining and Smelter Ditch Enlargement into the London Mining and Smelter Reservoir 1 st Enlargement from September 24 through September 29, Therefore, Applicant seeks to make the entirety of the 1.5 c.f.s. rate absolute for both the London Mining and Smelter Ditch Enlargement and the London Mining and Smelter Reservoir 1 st Enlargement water rights. Claim for partial absolute: Applicant diverted a total of acre-feet of water into storage in the London Mining and Smelter Reservoir 1 st Enlargement from September 19, 2013 through June 23, Therefore, Applicant seeks to make acre-feet of the decreed 50 acre-feet absolute for all uses for the London Mining and Smelter Reservoir 1 st Enlargement water right. 17CW3115 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK c/o Berten R. Weaver, Water Resources Manager, P.O. Box 2000, Georgetown, CO Please direct all correspondence concerning this Application to: Paul J. Zilis, Esq. and Andrea A. Kehrl, Esq., Vranesh and Raisch, LLP, th St., Suite 200, Boulder, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE in CLEAR CREEK COUNTY. 2. Name of structure: Grizzly Gulch Reservoir. The water right decreed to the Grizzly Gulch Reservoir is referred to below as the Subject Conditional Water Right. 3. Description of Subject Conditional Water Right: A. Date of original decree: Case No. 05CW303, District Court, Water Division No. 1, State of Colorado, entered on August 17, B. Subsequent decrees awarding findings of reasonable diligence: N/A. C. Legal description of the structure: 1. Location of Dam: The Grizzly Gulch Reservoir is located in the NW1/4 NW1/4, Section 32, Township 4 South, Range 75 West, 6 th P.M., at a point approximately 500 feet from the West section line and 800 feet from the North section line in Clear Creek County, Colorado. 2. On- Channel Reservoir: The Grizzly Gulch Reservoir is an on-channel reservoir, and therefore no ditches will be used to fill the reservoir. 3. Map: The approximate location of the dam is depicted on the map attached to the Application as Figure 1. D. Source of water: Grizzly Gulch, a tributary of Clear Creek. E. Date of appropriation and amount: December 21, 2005; 400 acre-feet, conditional. F. Uses: Municipal, domestic, manufacturing, industrial, irrigation, stock watering, snow-making, watering of parks, lawns, and gardens, fire protection, recreation, in-reservoir or off-channel fish and wildlife propagation, dust suppression, augmentation, replacement, exchange, and the right to store for use, reuse, successive use, and disposal of all such water to extinction. For any reuse or successive use of water, Applicant must demonstrate dominion and control over such water to the satisfaction of the Division Engineer. The Applicant has the right to one fill and one refill of Grizzly Gulch Reservoir, minus the carryover from the previous year s storage. Stored water carried over is subject to the same terms with the same appropriation date and for the same purposes as are described herein. The reservoir may also be utilized to store water rights by exchange or otherwise subject to subsequent Water Court approval. 11