DISTRICT COURT, WATER DIVISION 1, COLORADO

Transcription

1 DISTRICT COURT, WATER DIVISION 1, COLORADO APRIL 2015 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 APRIL 2015 for each County affected. 15CW13 MICHAEL AND TAMARA GOSS, Hwy. 6, Merino, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN WHOLE OR IN PART IN LOGAN COUNTY. Date of original decree: in case 05CW337, WD1. Little Creek Ranch Ponds 1-9. All ponds are to be located in the SE1/4, S14, T6N, R54 W of the 6 th PM. UTM for Pond 9, Northing , Easting ; Zone 13. Little Creek Ranch Pond 1 at a point approximately 1078 ft. from the S and 778 from the E. Little Creek Ranch Pond 2 at a point approximately 1710 ft. from the S and 511 ft. from the E. Little Creek Ranch Pond 3 at a point approximately 1730 ft. from the S and 2261 ft. from the E. Little Creek Ranch Pond 4 at a point approximately 1500 ft. from the S and 2200 ft. from the E. Little Creek Ranch Pond 5 at a point approximately 2052 ft. from the S and 1092 ft. from the E. Little Creek Ranch Pond 6 at a point approximately 1100 ft. from the S and 2000 ft. from the E. Little Creek Ranch Pond 7 at a point approximately 900 ft. from the S and 1290 ft. from the E. Little Creek Ranch Pond 8 at a point approximately 100 ft. from the S and 1200 ft. from the E. Little Creek Ranch Pond 9 at a point approximately 100 ft. from the S and 200 ft. from the E. Source: Little Creek and Springs. Date of appropriation: Amount: Pond 1, 14af; Pond 2, 21af; Pond 3, 30af; Pond 4, 49af; Pond 5, 51af; Pond 6, 20af; Pond 7, 14af; Pond 8, 60af; Pond 9, 35af. Claim to make absolute: Date water applied to beneficial use: 2005 stockwater, wildlife; 2011 Recharge. Amount: Pond 1, 14af Absolute; Pond 2, 21af Absolute; Pond 3, partially built, continue conditional; Ponds 4, 5, 6, 8 net yet built; Pond 7, 14af Absolute; Pond 9, 35af, Absolute, right to fill and refill. Use: Ponds 1-8, irrigation, stock water, wildflife habitat, water stored in 1-8 released to Pond 9. Pond 9 is recharge. 15CW14 WAYNE LANDWEHR, CR 62.75, Gill, CO APPLICATION FOR CONDITIONAL (SURFACE) IN WELD COUNTY. Gill Seep Ditch. UTM coordinates: Northing Easting at start of seep ditch, than along seep ditch to approximately the intersection of CR 55 and CR 62 3/4 where it is diverted into an existing pond on applicant s property. Zone 13. Date of appropriation: April 1, How appropriation was initiated: Filing of water rights application. Amount: 3 cfs, Conditional. Uses: Irrigation of 160 acres owned by applicant in the N1/2, N1/2, S34 and the S1/2, S1/2, S27, T6N, R 64W of the 6 th PM, storage, industrial, wildlife habitat, fire protection. Number of acres historically irrigated: 160; Proposed to be irrigated: 160. Applicant intends to use this water right to supplement irrigation on an area of land already irrigated under another water right. 15CW15 DAVID A. SKERDA LIVING TRUST, DAVID A. SKERDA, TRUSTEE, KIM SKERDA LIVING TRUST, KIM SKERDA, TRUSTEE, Stagecoach Blvd., Evergreen, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE (well nos. 2-7) and TO MAKE ABSOLUTE IN WHOLE OR IN PART (reservoir) in JEFFERSON COUNTY. Date of original decree: in case 08CW137, WD1. Well Nos. 2-7 the exact locations of the Double E Ranch Well nos. 2-7 will not be known until the locations of the residences to be served are finally determined. Those Wells can generally be described as being within the SW1/4, S34, T4S, R71W 6 th PM. Double E Reservoir, the center of the dam embankment for the reservoir will be located in the NW1/4, SW1/4, S34, T4S, R71W, 6 th PM at a point that is approximately 1500 ft. from the S and 370 ft. from the W. UTM coordinates Northing mN Easting 13S mE. Street address: Stagecoach Blvd., Evergreen, CO Subdivision: Skerda property; Lot 1. Source: Groundwater. Appropriation date: Well nos. 2-7 and reservoir, Amount: 15 gpm for well. Use: Water usage within seven single family residences, watering of 7 horses or equivalent animals, irrigation of 3500 sf of lawn, grass 1

2 or equivalent gardens. Claim to make absolute: Date water applied to beneficial use: Amount:.92 af per acre. Use: Evaporation loss from Double E Reservoir. Paid Mountain Mutual Reservoir Co for augmentation water. 15CW3037 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), C/O Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, (970)3209 West 28 th Street, Greeley, Colorado (970) APPLICATION TO DELETE A MEMBER WELL FROM AND ADD A WELL TO THE WAS AUGMENTATION PLAN. IN WELD, ADAMS AND MORGAN COUNTIES. 2. Augmentation Plan Deletion. Applicant operates an augmentation plan decreed in Case No. 03CW99 (the Plan) of the decree in Case No. 03CW99 (Decree) allows the deletion of Member Wells from the Plan subject to notice and terms and conditions. WAS Contract 862, Exhibit 1, was deleted on November 18, 2014 at the request of the owners Robert H. Good and Mary E. Good, Road R, Fort Morgan, Colorado Applicant now seeks approval of the Court to delete Well Permit No F (WDID ) from the Plan. Well No was decreed in Case No. W-2422 on October 21, 1975, located in the SE1/4 SE1/4, Section 23, Township 4 North, Range 59 West of the 6th P.M., Morgan County, Colorado at a point 1320 feet North and 1320 feet West of the SE Corner of said Section 23 for diversion of 2.22 c.f.s with an appropriation date of February 2, 1965 for irrigation of 160 acres in the SE1/4 of said Section 23. Exhibit Proposed Terms and Conditions for Deletions of the Decree requires that WAS shall continue to replace all out-of-priority depletions caused by predeletion pumping of the well that occurred while the well was covered under the WAS plan or associated substitute supply plan. White Sands Water Engineers Inc., (WSWE) has computed the total amount of the future depletions from past pumping for the years Well No was pumped, 2003, 2004, 2005, April 2013 through November That amount is a total of af as shown in the WSWE report dated December 23, 2014, Exhibit 3, Attachment 4. Applicant proposes to replace all the depletions in Exhibit 3, Attachment 4 at any time such depletions are out of priority. Applicant requests the Court approve Exhibit 3, Attachment 2 which is a Revised Exhibit 1 to the Decree and which reflects the proposed deletion and addition requested in this application. (Attachment 2 does not reflect the additions or deletions of wells pending but not yet decreed in Case Nos. 14CW3031, 14CW3109 or 14CW Augmentation Plan Additions of the Decree in Case No. 03CW99 allows the addition of Member Wells to the Plan subject to notice and terms and conditions. 5. Structures to be Added and Augmented Decreed Name of Structure to be Added and Augmented. Aranci Well No F. (Permit No F, WDID ) Name and Address of Well Owner. Morwai Dairy, LLC, 6600 W. 20 th St. #11, Greeley, Colorado, Decree W A decree was entered in Water Court, Water Division No. 1, Case No. W-1395 on September 11, 1975 adjudicating Aranci Well No F in the SE1/4 NE1/4 of Section 28, Township 3 North, Range 65 West of the 6th P.M Weld County, Colorado at a point 2120 feet South and 525 feet West of the NE corner of said Section 28, in the amount of 2.0 c.f.s with an appropriation date of February 1, 1967 for irrigation of 280 acres in Section 28. Exhibit Decree 99CW178. A decree was entered in Water Court, Water Division No. 1, Case No. 99CW178 on October 19, 2001 changing the use of Well No F to allow parlor washing and miscellaneous uses in the Morwai Dairy in the amount of acre feet in addition to irrigation of 183 acres in the N1/2 of Section 28, Township 3 North, Range 65 West of the 6th P.M Weld County, Colorado. Exhibit Permit F. Permit F was issued December 3, Exhibit WAS Contracts. Contracts 1114 and 1115 were approved January 20, 2015 for Permit F. Contract 1114 is an irrigation contract and contract 1115 is for the dairy uses approved in 99CW178. Exhibits 7 and Proposed Terms and Conditions The terms and conditions for Permit F the will be the same as for the other Covered Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres, 80% for sprinkler irrigated acres and 100% for dairy uses. The method for determining future well depletions will be those set out in the Decree at The well will be subject to all the terms and conditions for operation as for other Covered Wells in the Decree Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will 2

3 be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters. Transmissivity (gallons/day/foot) T = 56,500. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 2,900 feet. Distance of Well from River X = 2,900 feet Out of priority depletions from pumping of Permit F occur in Reach D and will be augmented by WAS. 7. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches of the Decree states: In the event of the addition or deletion of a well under this plan pursuant to and , the Court shall approve and order such adjustments to the percentages set forth in , , and as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury. The distribution of well depletions was amended by the decree entered in Case No. 11CW106. The addition and deletion of the wells in this application requires adjustment to the percentages used to distribute stream depletions in Reach A, of the Decree, as follows and as described in detail in the WSWE report, Exhibit Reach A. Thirteen wells remain as WAS Member Wells within Reach A and represent a total of 2,732 acre-feet of contracted replacement water. Of the total contracted amount, 1,295 acre-feet of depletion affects the South Platte River between the Bijou Ditch headgate and the Fort Morgan Canal headgate which is 47 percent of the total. Approximately 1,437 acre-feet of the depletion affects the River between the Fort Morgan Canal headgate and the bottom of Reach A, which is 53 percent of the total. 15CW3038 (08CW294, 08CW295, 91CW110, 83CW299) GLENMOOR COUNTRY CLUB 110 Glenmoor Drive, Cherry Hills Village, CO 80110, (Charles B. White, David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) ) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ARAPAHOE COUNTY. Name of structures: A. Glenmoor Ditch. B. Greenwood Gulch Pumping Plant. Description of conditional water rights: A. Glenmoor Ditch: i. Prior decrees: The original decree was entered on October 3, 1988, in Case No. 83CW299, District Court, Water Division 1. On May 3, 1995, in Case No. 94CW195, District Court, Water Division 1, a decree was entered making the Glenmoor Ditch partially absolute and continuing the remaining conditional water rights. On July 21, 1995, in Case No. 91CW110, District Court, Water Division 1, a decree was entered allowing the use of the Greenwood Gulch Pumping Plant as an alternate point of diversion for the Glenmoor Ditch absolute and conditional water rights. On December 9, 2002, in Case No. 01CW75, District Court, Water Division 1, a decree was entered regarding the Glenmoor Ditch making additional water rights absolute and continuing the remaining conditional water rights. On April 22, 2009, in Case No. 08CW294, District Court, Water Division No. 1, a decree was entered continuing the remaining conditional portion of the Glenmoor Ditch water right. ii. Location: a. The original decreed location of the Glenmoor Ditch headgate is in the SE1/4 SE1/4 Section 12, T. 5 S, R. 68 W, 6 th P.M., Arapahoe County at a point which bears North 44 48' 13" West a distance of 165 feet from the SE corner of Section 12, as depicted on the map attached to the Application as Exhibit A, available for inspection at the office of the Water Court or via ICCES. b. The decreed location of the Greenwood Gulch Pumping Plant is at a point in Section 12, T.5 S, R.68 W, 6th P.M., Arapahoe County, approximately 1,250 feet West of the East section line and 2,500 North of the South section line of said Section 12, as depicted on Exhibit A. iii. Source: Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River, and natural runoff. iv. Appropriation date: July 1, v. Amount: 0.95 c.f.s., absolute, and 1.27 c.f.s., conditional, for irrigation and fish culture; 2.22 c.f.s., conditional, for all other uses. vi. Use: Irrigation on 180 acres, fish culture, substitution, replacement, plans for augmentation and exchange of water. All uses to be for operation of a golf course and associated facilities. vii. Other: The water rights for the Glenmoor Ditch are part of an integrated system of water rights which includes, without limitation, the absolute and conditional water rights for the Glenmoor Ponds for use on the Glenmoor Golf Course. B. Greenwood Gulch Pumping Plant: i. Decrees: The original decree was entered on July 21, 1995 in Case No. 91CW110, District Court, Water Division 1. On December 31, 2002, in Case No. 01CW116, District Court, Water Division 1, a decree was entered continuing the conditional water rights for the Greenwood Gulch Pumping Plant. On April 22, 2009, in Case No. 08CW295, District Court, Water Division No. 1, a decree was entered continuing the remaining 3

4 conditional portion of the Greenwood Gulch Pumping Plant water right. ii. Location: The point of diversion is at a point in Section 12, T. 5 S., R. 68 W., 6 th P.M., Arapahoe County, approximately 1,250 feet West of the East section line and 2,500 feet North of the South section line of said Section 12, as depicted on Exhibit A. iii. Source: Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River. iv. Appropriation date: December 20, v. Amount: 5.0 c.f.s., conditional. vi. Use: Irrigation, recreation, piscatorial, and aesthetic purposes on the Glenmoor Golf Course and Country Club, by direct use and/or by storage in three on-channel ponds located on the golf course known as the Glenmoor North Pond, the Glenmoor West Pond, and the Glenmoor East Pond, which were decreed in Case No. 83CW300, Water Division No. 1 (collectively, the Ponds ), and such other ponds as the Applicant may construct. Water will also be used for augmentation, exchange, substitution, and replacement purposes. vii. Other: The water rights for the Greenwood Gulch Pumping Plant are part of an integrated system of water rights which includes each of the Ponds and the absolute and conditional water rights for the Glenmoor Ditch for use on the Glenmoor Golf Course, including, without limitation, the rights decreed in Case No. 83CW299, Water Division No. 1. Detailed outline of work done to complete project and apply water to beneficial use: During the Diligence Period (April 2009 to present), the Applicant has taken steps diligently to develop the conditional water rights for the Glenmoor Ditch and Greenwood Gulch Pumping Plant. The application contains a detailed list of specific projects and work undertaken during the six-year diligence period prior to the filing of this application and is available for inspection at the office of the Division 1 Water Court or via ICCES. The list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. 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: Applicant. WHEREFORE, Applicant respectfully requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the conditional water rights described above. 15CW3039 PIONEER PRESERVE, LLC, 1864 Woodmoor Drive, Ste. 100, Monument, CO Send all pleadings, correspondence and notices to Chris D. Cummins or Ryan W. Farr, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, CO 80903, (719) Application for Approval of Plan for Augmentation in EL PASO COUNTY. A. Structures to be Augmented: Applicant seeks approval for a plan for augmentation to replace any injurious out-of-priority depletions which may result from Applicant s withdrawal of ground water from up to fifteen (15) residential wells to the notnontributary Dawson and Denver aquifers, or a combination thereof, underlying the Applicant s Property, as more particularly described on attached Exhibit A, and as depicted on the attached Exhibit B ( Applicant s Property ), as part of a prospective subdivision to be completed thereon. The Applicant s Property has been annexed into the Town of Palmer Lake. B. Water Rights to be Used for Augmentation: The water rights to be used for augmentation during pumping are septic return flows from individual septic disposal systems ( ISDS ) to be utilized on 15 residential lots on the Applicant s Property, such flows originating from in-house uses of water derived from withdrawals from the not-nontributary Dawson and Denver aquifer wells as set forth in this plan of augmentation. Said ISDS return flows will accrue to Monument Creek, tributary to Fountain Creek, tributary to the Arkansas River. The water rights to be used for augmentation of any injurious post-pumping depletions resulting from pumping from the not-nontributary wells described herein is nontributary groundwater from the Laramie-Fox Hills aquifer underlying the Applicant s Property, consistent with an Agreement as to Water between an entity affiliated with Applicant, Proterra Properties, LLC, and the Town of Palmer Lake, as attached hereto as Exhibit C ( Palmer Lake Agreement ). 1. The Town of Palmer Lake, through the enactment of Town Ordinance No. 8 on August 26, 1985, exercised their authority to claim the implied consent of the overlying landowners for the adjudication and use of Denver Basin groundwater supplies underlying the 1985 Town boundaries, including the Applicant s Property. The Town of Palmer Lake subsequently, in Case Nos. 86CW108 and 87CW68, quantified and adjudicated the Denver Basin groundwater underlying said 1985 boundaries, including groundwater underlying the Applicant s Property. The Town of Palmer 4

5 Lake owns and controls the Denver Basin groundwater rights underlying the Applicant s Property. 2. The Palmer Lake Agreement provides for the Applicant s withdrawal and use of up to 22.5 annual acre feet of groundwater from the not-nontributary Dawson or Denver aquifers, or some combination thereof, for physical water supply to a subdivision of up to 15 single-family residences on lots of approximately 5 acres in size. The Palmer Lake Agreement further provides for Applicant s use as a source of replacement of any out-of-priority post-pumping depletions of up to 2,250 acre feet of nontributary groundwater in the Laramie-Fox Hills aquifer underlying the Applicant s Property, while expressly authorizing the adjudication of the instant plan for augmentation on the basis of these water supplies. C. Statement of Plan for Augmentation: Applicant wishes to provide for the augmentation of injurious outof-priority stream depletions which may be caused by the pumping of the not-nontributary Dawson and Denver aquifer wells proposed herein. Applicant seeks to utilize a portion of the not-nontributary Denver Basin ground water previously adjudicated and quantified in Case Nos. 86CW108 and 87CW68 underlying the Applicant s Property, in the not-nontributary Dawson and Denver aquifers, for residential wells on up to fifteen (15) lots to be developed pursuant to a prospective subdivision plan with the Town of Palmer Lake. Similarly, Applicant seeks to utilize a portion of the previously adjudicated nontributary Laramie-Fox Hills ground water underlying Applicant s Property for augmentation of any injurious postpumping depletions. Applicant proposes to replace any injurious out-of-priority depletions resulting from Applicant s use of not-nontributary Denver Basin ground water during the pumping life of the wells through ISDS return flows on each of the fifteen lots. D. Anticipated Uses: Each of the fifteen residential wells subject of this plan for augmentation may pump up to 1.5 annual acre feet of notnontributary supply. Such withdrawals shall be utilized for in-house uses (estimated at as between 0.2 and 0.3 acre feet annually), watering of up to 10 horses or similar stock (estimated at af per animal, or 0.11 annual acre feet total), and irrigation of up to 22,000 square feet of lawn and gardens (estimated at approximately 1.19 annual acre feet). E. Augmentation of Depletions During Pumping: Through computer groundwater flow modeling, it has been theoretically demonstrated that pumping the Dawson and Denver aquifer wells underlying the Applicant s Property as proposed in this augmentation plan over one hundred years, will deplete surface water flows at a greater rate than 0.1 percent of the pumping rate, and such aquifers are therefore not-nontributary. Actual stream depletions will need to be replaced consistent with C.R.S (9)(c.5). 1. Based upon the anticipated quantities of water described in Paragraph II.D. above, Applicant s consultants have calculated that based on maximum annual pumping from these not-nontributary aquifers based on a 100 year aquifer life of 1.5 acre feet per well for a total of 22.5 annual acre feet, depletions will be approximately 2.25 acre feet per year (approximately 10% of pumping). In-house uses being estimated as being 10% consumptive, 90% of the up to 0.3 acre feet pumped by each residential well for in-house uses, or 0.27 acre feet, is anticipated to return to the stream through ISDS return flows, for total ISDS replacement of 4.05 acre feet annually from all 15 residences. As such, return flows will more than adequately replace depletions during the pumping life of the wells. F. Augmentation for Post Pumping Depletions: For the replacement of any injurious post-pumping depletions which may be associated with the pumping of the not-nontributary wells discussed herein, Applicant will reserve up to 2,250 acre feet of water from the nontributary Laramie Fox Hills aquifer, consistent with the Palmer Lake Agreement, less the amount of actual stream depletions replaced during the plan pumping period. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, Applicant claims that post pumping depletions will be noninjurious and do not need to be replaced. Under the Court s retained jurisdiction, Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary water will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive well permits for the Dawson and/or Denver aquifer wells on each of the 15 lots to be created through a subsequent subdivision process with the Town of Palmer Lake, for the uses in accordance with this Application and otherwise in compliance with C.R.S G. Remarks: 1. This Application is associated with a pending application in Water Division 2, Case No. 14CW3056. These Applications were filed in both Water 5

6 Divisions 1 and 2 because depletions from the pumping of the Dawson and/or Denver aquifers may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the Arkansas River system where the majority of such depletions will occur, and it is Applicant s intent to consolidate the instant matter with pending Division 2 Case No. 14CW3056 in Water Division 2 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are sufficient. 2. Applicant requests a finding that it has complied with C.R.S (4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S (9)(c). 3. The term of this augmentation plan is for 100 years, however the length of the plan for a particular well or wells may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post-pumping stream depletions accrue to a particular well or wells only to the extent related to that well s actual pumping. 4. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. 5. Before any wells are constructed, applications for well permits will be filed with the State Engineer's office, and well permits shall be granted in accordance with the decree pursuant to this application. 6. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. 7. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. 8. The Applicant intends to waive the 600 feet well spacing requirement for the wells to be located upon the Applicant s Property. 9. Applicant will comply with any lienholder notice provisions set forth in C.R.S (2)(b) and (4)(b.5)(I), and such notice will be sent within 10 days of the filing of this application. 15CW3040, Guttersen Ranches, LLC, c/o Hwy 263, Greeley, CO (James J. Petrock, Petrock & Fendel, th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY AND NOT NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER, WELD COUNTY. Subject Property: 25,297.5 acres generally located in all or parts of Sections 1, 4, and 12, T2N, R64W; Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, T3N, R63W; Sections 8, 9, 16, 17, 20, 29, and 32, T4N, R63W; Sections 33 and 34, T4N, R64W; and Section 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 28, 29, and 33, T3N, R64W of the 6th P.M., Weld County, as described and shown on Attachment A hereto. Source of Water Rights: Not nontributary as described in Sections (10.7), C.R.S., and nontributary as described in Section (10.5), C.R.S. Estimated Amounts: Based on an average saturated thickness of 160 feet, Applicant estimates that there is approximately 6000 acre-feet per year of Laramie- Fox Hills aquifer groundwater available underlying the Subject Property. Applicant will reserve parts of the groundwater for use through exempt wells. Proposed Use: The groundwater will be used, reused and successively used for domestic, commercial, industrial, irrigation, livestock watering, fire protection, and replacement and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 100 acre-feet per year of the not nontributary Laramie-Fox Hills aquifer groundwater as requested herein. The not nontributary groundwater is generally located under the land located in T4N, R63W, described and shown on Attachment A hereto. Water rights for augmentation: Return flows from the use of not nontributary groundwater and direct discharge of nontributary groundwater. Statement of plan for augmentation: The not nontributary groundwater will be used for the uses requested above both on and off of the Subject Property. During pumping Applicant will replace an amount equal to 4% of the annual amount 6

7 withdrawn to the affected stream system pursuant to Section (9)(c.5), C.R.S. Depletions occur to the South Platte River stream system, and return flows from use of the groundwater should be sufficient to replace the required amount while the subject groundwater is being pumped. If there is not sufficient return flow to provide the required annual replacement, Applicant will use nontributary Laramie-Fox Hills aquifer groundwater requested herein to make up the difference. Applicant will reserve an equal amount of nontributary groundwater to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 15CW3041 CITY OF WESTMINSTER, 4800 West 92nd Avenue, Westminster, CO 80031; (303) APPLICATION FOR A SEXENNIAL FINDING OF REASONABLE DILIGENCE OF THE CITY OF WESTMINSTER IN ADAMS COUNTY. Applicant s Attorney: Lee H. Johnson, Mason H. Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203; Phone Number: (303) ; ljohnson@chp-law.com; mbrown@chp-law.com. 2. Name of Structure: Exchange from Metropolitan Denver Sewage Disposal District No. 1 Plant (now known as Metropolitan Wastewater Reclamation District) ("Metro") to Little Dry Intake No Description of conditional water right: A. Date of Original Decree: April 26, 1989, Case No. 81CW447, Water Court, Division 1, State of Colorado. Subsequent findings of diligence were issued on February 28, 1996, in Case No. 95CW087, on December 11, 2002, in Case No. 02CW28 and on April 22, 2009, in Case No. 08CW247, all in Water Court, Division 1, State of Colorado. B. Location: In Case No. 81CW447, Westminster obtained a decree for an exchange of water between Metro and Little Dry Intake No. 1. The locations of the structures are as follows: Metropolitan Denver Sewage Disposal District No. 1 Plant: At a point of the east bank of the South Platte River in Section 1, Township 3 South, Range 68 West, which lies 1,400 feet east of the southwest corner of said Section 1, County of Adams, State of Colorado. Westminster provides the following coordinates to help further identify the approximate relevant location of the Metro outfall utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North: ( E, N). Little Dry Intake No. 1: A point of diversion located in the North East 1/4 of Section 6, Township 3 South, Range 68 West, City of Westminster, County of Adams, State of Colorado more particularly described as follows: Beginning at a point in the North East corner of Section 6, thence West along North Boundary of Section 6 to a point of intersection with Little Dry Creek; thence along the south boundary of Little Dry Creek a distance of 500 feet to the point of diversion. C. Source: In Case No. 81CW447, Westminster obtained a decree for an exchange of water using effluent generated at the Metro Plant as a substitute supply. The source of water diverted by exchange is Little Dry Creek. The source of effluent used as a substitute supply is from certain water rights diverted by Westminster through its municipal utility system pursuant to the decree entered in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado and from certain nontributary ground water rights diverted by Westminster through its municipal utility system pursuant to the decree in Cases No. W-4017 and W , Water Court, Water Division No. 1, State of Colorado. D. Appropriation Date: September 14, 1981, Case No. 81CW447 in the amount of 10 c.f.s. E. Use: Pursuant to the decree entered in Case No. 81CW447, the water diverted will be used in the City of Westminster's municipal utility system for municipal, irrigation, domestic, commercial, industrial, recreational, exchange, replacement, and augmentation purposes. Westminster may make direct use, storage, reuse, successive use, further exchange and thereby fully consume the waters diverted and accounted for under operation of the decree in Case No. 81CW Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. The water rights adjudicated in Case No. 81CW447 are part of Westminster s Clear Creek raw water supply system, an integrated system as defined by (4) C.R.S. During the diligence period, Westminster has continued the development of its Clear Creek Water Supply System. Activities have included, but are not limited to, acquisition of various Clear Creek water rights for incorporation into the integrated water supply system, participation in various water court proceedings to protect Westminster s water supply system, significant efforts related to Little Dry Creek Pond, a component of a Westminster park 7

8 improvement project, participation in continuing efforts to effect improvements to Westminster s water supply system, and substantial efforts to protect the quality of water of Westminster s water supply system. Costs related to these activities have been incurred during the diligence period. B. During the diligence period, Westminster has, pursuant to the decree in Case No. W-8743, diverted water into the municipal utility system and put such water to beneficial use in Westminster's water service area. Beneficial use of a portion of said water has then generated effluent at the Metro Plant. Costs associated with these efforts, including payments made to the Metro Wastewater Reclamation District, have been incurred during the diligence period. C. The Little Dry Creek Pond is a component of Westminster s ongoing park improvement project in the Little Dry Creek basin. The Pond will be located on Little Dry Creek within the reach of the exchange adjudicated in Case No. 81CW447. During the diligence period, Westminster obtained a decree in Case No. 13CW3145 that, among other items, adjudicated a plan for augmentation for Little Dry Creek Pond. One decreed augmentation source for the Little Dry Creek Pond is the water right originally adjudicated in Case No. 81CW447. The exchange right that is the subject of the present application may serve as a source of water for the initial filling of Little Dry Creek Pond and to augment evaporation, all subject to the terms and conditions set forth in the decree in Case No. 13CW3145. In connection with these efforts, design, permitting and initial construction work has commenced on Little Dry Creek Pond. These efforts are ongoing and expenses were incurred during the diligence period. A map associated with the application in Case No. 13CW3145, setting forth the general locations of the relevant structures, including the points of exchange in Case No. 81CW447, is attached as Exhibit A. D. During the diligence period, Westminster has participated in a number of water court proceedings in order to protect and maintain return flows to Little Dry Creek, Clear Creek and the South Platte River. In addition, Westminster has participated in a number of water court proceedings in the Clear Creek basin in an effort to protect and maintain the full entitlement of water available to the water rights decreed in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado. Under the terms of Case No. 81CW447, effluent generated by the use of said water rights in Westminster s municipal utility system may be used for exchange purposes. E. Previously, Westminster participated in a joint effort to move the Derby Gauge on Clear Creek and thereby monitor the flow on Clear Creek at a point between the Metro outfall and the Little Dry Intake No. 1 within the reach of the exchange decreed in Case No. 81CW447. Westminster staff continues to monitor the flow data and the resulting exchange potential generated by this gauge during the diligence period. 5. Water applied to beneficial use: N/A. To the extent water is diverted in priority and applied to beneficial use pursuant to the terms of the decree in Case No. 81CW447 during the pendency of this application, however, Westminster reserves the right to make any such amounts absolute. 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: The diversion structure involved in this exchange will be located on property owned by the applicant, the City of Westminster. WHEREFORE, Westminster requests the Court to enter its decree and ruling as follows: A. To make a finding of reasonable diligence with respect to the entire conditional water rights decreed in Case No. 81CW447, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. B. Any other ruling the Court deems appropriate in the above-captioned matter. 15CW3042 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 3209 West 28 th Street, Greeley, Colorado c/o Lawrence Jones Custer Grasmick LLP (970) APPLICATION TO DELETE A MEMBER WELL FROM AND ADD A WELL TO THE WAS AUGMENTATION PLAN IN WELD COUNTY. 2. Augmentation Plan Deletion. Applicant operates an augmentation plan decreed in Case No. 03CW99 (the Plan) of the decree in Case No. 03CW99 (Decree) allows the deletion of Member Wells from the Plan subject to notice and terms and conditions. WAS Contract 902, Exhibit 1, was modified on February 4, 2015 to delete Love Well No. 1 Permit (WDID ) and add in its place Love Well No. 2 Permit (WDID ). Applicant now seeks approval of the Court to delete Love Well No from the Plan. 8

9 Love Well No was decreed in Case No. W-4209 on December 30, 1976, located in the SE1/4 NE1/4, Section 11, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point approximately 1370 feet South and 1068 feet West of the NE Corner of said Section 11 for diversion of 3.56 c.f.s with an appropriation date of February 28, 1933 for irrigation of part of 270 acres in the E1/2 of Section 11 and the E1/2 of Section 2, all in Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado along with Love Well No , Love Well No , Love Well No , Love Well No and Love Well No Love Well No is owned by Petrocco Family Ltd. Partnership, LLP, David Petrocco, Brighton Rd., Brighton, Colorado Proposed Terms and Conditions for Deletions of the Decree requires that WAS shall continue to replace all out-of-priority depletions caused by predeletion pumping of the well that occurred while the well was covered under the WAS plan or associated substitute supply plan. White Sands Water Engineers Inc., (WSWE) has computed the total amount of the future depletions from past pumping for the years Love Well No was pumped, 2003, 2004, 2005, 2013, 2014 and That amount is a total of 0.41 af as shown in the WSWE report dated April 5, 2015, Exhibit 2. Applicant proposes to replace all the depletions in Exhibit 2 at any time such depletions are out of priority. Applicant requests the Court approve Exhibit 2, Attachment 2 which is a Revised Exhibit 1 to the Decree and which reflects the proposed deletion and addition requested in this application. 4. Augmentation Plan Additions of the Decree in Case No. 03CW99 allows the addition of Member Wells to the Plan subject to notice and terms and conditions. 5. Structures to be Added and Augmented Decreed Name of Structure to be Added and Augmented. Love Well No. 2, Permit (WDID ) Name and Address of Well Owners. Petrocco Family Ltd. Partnership, LLP, David Petrocco, Brighton Rd., Brighton, Colorado Decree W A decree was entered in Water Court, Water Division No. 1, Case No. W-4209 on December 30, 1976 adjudicating Love Well No in the SE1/4 NE1/4 of Section 11, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado at a point approximately 2541 feet South and 1150 feet West of the NE corner of said Section 11, in the amount of 1.66 c.f.s with an appropriation date of May 31, 1935 for irrigation of part of 270 acres in the E1/2 of Section 11 and the E1/2 of Section 2, all in Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado along with Love Well No , Love Well No , Love Well No , Love Well No and Love Well No Exhibit WAS Contract 902. Contract 902 was modified on February 4, 2015 to delete Love Well No and add in its place Love Well No Proposed Terms and Conditions The terms and conditions for Love Well No the will be the same as for the other Covered Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future well depletions will be those set out in the Decree at The well will be subject to all the terms and conditions for operation as for other Covered Wells in the Decree Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters. Transmissivity (gallons/day/foot) T = 190,000. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 20,634.3 feet. Distance of Well from River X = 9, feet Out of priority depletions from pumping of Love Well No occur in Reach C-2 and will be augmented by WAS. 7. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches of the Decree states: In the event of the addition or deletion of a well under this plan pursuant to and , the Court shall approve and order such adjustments to the percentages set forth in , , and as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury. The addition and deletion of the wells in this application require no adjustment to the percentages used to distribute stream depletions as described in the WSWE report. 15CW3043 WILL-O-WISP METROPOLITAN DISTRICT. 956 Wisp Creek Drive, Bailey, CO APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Lee H. Johnson, Johanna Hamburger, Carlson, Hammond & Paddock, LLC, 1900 Grant 9

10 Street, Suite 1200, Denver, CO 80203; Richard W. Toussaint, Toussaint & Coaty, PC, Castle Court, Suite 150, Evergreen, CO All correspondence and pleadings should be sent to both counsel for the Applicant as indicated above. 2. Name of Structures: Glasman Ditch No Description of conditional water right: A. Date of Original Decree: December 31, 1984, Case No. 83CW002, Water Court, Division 1, State of Colorado. B. Subsequent Diligence Decrees: May 31, 1989, Case No. 88CW191; February 13, 1996, Case No. 95CW105; December 11, 2002, Case No. 02CW21; April 23, 2009, Case No. 08CW281, all Water Court, Division 1, State of Colorado. C. Location: In the NE1/4SW1/4 Section 26, Township 6 South, Range 72 West of the 6 th P.M., Park County. The decreed location of the headgate is further described as at a point whence the W1/4 Corner of Section 26 bears North 52 44' West, 2030 feet. D. Source: Elk Creek, a tributary to the North Fork of the South Platte River. E. Appropriation Date: August 31, 1981 for 0.70 c.f.s. F. Use: Domestic, commercial, irrigation, piscatorial, recreational and municipal. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. Will-O-Wisp operates an integrated Water Supply System under (4)(b), C.R.S., including the Glasman Ditch No. 2 water right. During the diligence period, Will-O-Wisp has continued the development of its Water Supply System. Activities have included participating in Water Court matters, permitting work related to water supply components, including, but not limited to, obtaining a Section 404 Permit for diversion structure components and the associated pipeline to convey water diverted from Elk Creek to the District, obtaining an extension of the same from the Army Corps of Engineers, and ongoing operation of the Water Supply System. The District has incurred substantial costs during the diligence period related to these activities. B. During the diligence period, the District continued its efforts related to permitting, obtaining property interests for, and designing a new diversion structure on Elk Creek and a pipeline necessary for conveyance of Elk Creek water to the District. Prior to the current diligence period, the District obtained a 1041 Permit from Park County for various Water Supply System components, including, but not limited to, the diversion structure components from Elk Creek and the pipeline components associated with delivering said water to the District. During the current diligence period, the District obtained approval of a 404 Permit from the Army Corps of Engineers for the installation of various diversion structure components. Costs associated with these activities were incurred during the diligence period. C. During the current and prior diligence periods, the District has conducted surveys and studies related, in part, to the Glasman Ditch No. 2 water right, including, but not limited to, activities associated with obtaining and maintaining the relevant 404 and 1041 Permits, respectively, ongoing flow surveys associated with the same, and Water Supply System related land surveys and preliminary design activities. Costs associated with several of these activities have been incurred during the diligence period. D. During the diligence period, the District continued engineering design work related to the Elk Creek diversion structure and pump station and obtained initial cost estimates related to the same. In addition, the District has continued efforts on engineering design and review work on the pipeline and related components necessary to convey water to the District. These structures will be utilized in connection with diversions and beneficial use of the Glasman Ditch No. 2 water right. Costs associated with these activities have been incurred during the diligence period. E. As indicated above, the source of water for the Glasman Ditch No. 2 water right is from Elk Creek, a tributary to the North Fork of the South Platte River. The legal description of the location of the Glasman Ditch No. 2 headgate pursuant to Case No. 83CW002 is in the NE1/4SW1/4 Section 26, Township 6 South, Range 72 West of the 6 th P.M., Park County. The District has obtained property interests, designed a diversion structure, obtained 1041 permit approval, and obtained Section 404 Permit approval for the Glasman Ditch No. 2 diversion structure to divert water at a point on the south bank of Elk Creek in the NE1/4SW1/4 Section 26, Township 6 South, Range 72 West of the 6 th P.M., Park County. By letter dated July 18, 2007, the District has obtained written acknowledgment of water right administration from the Division Engineer s Office for the Glasman Ditch No. 2 water right. The District provides the following coordinates to further identify the approximate location of the diversion structure utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North: ( E, N). A map of the general location of the diversion point from Elk Creek is attached as Exhibit A. F. In addition to a 10

11 diversion structure, a pump station and pipe line is necessary to convey water diverted from Elk Creek to the District. During the pendency of Case No. 08CW281, the District obtained the final property interests necessary for the diversion structure and pump station components of the Water Supply System used to divert and beneficially use water from Elk Creek within the District. G. During the diligence period, Will- O-Wisp continued studies related to potential diversions from Elk Creek. These efforts have included updated flow calculations on Elk Creek for incorporation into the District s planning process, a review of prior engineering reports, and water availability studies. Said flow calculations are relevant for diversions from Elk Creek. In addition, in June of 2009 during free river conditions, the District diverted small amounts of water from Elk Creek at a point near the diversion structure and transported the same to the District via a water hauling truck for non-potable beneficial use within the District boundaries. The District has incurred expenses during the diligence period in connection with these activities. H. During the diligence period, the District obtained a final 404 permit from the Army Corps of Engineers related to the Elk Creek diversion structure and pump station components of the Water Supply System. An extension of said permit was granted in March of Significant costs associated with these activities have been incurred during the diligence period. I. During the diligence period, the District has maintained its membership with the South Platte Water Related Activities Program, Inc., (SPWRAP), a Colorado nonprofit corporation established by Colorado water users for the purpose of representing water users interests and partnering with the State of Colorado to implement the Platte River Recovery Implementation Program (PRRIP) in central Nebraska. SPWRAP s stated goals include assisting in the recovery of species listed as threatened or endangered under the Endangered Species Act (ESA) through the development and operation of the Colorado Program component of the Platte River Recovery Implementation Program (PRRIP) in a manner that ensures the State of Colorado s compliance with PRRIP. This program potentially offers Colorado water users an option to address ESA issues on the Platte River related to the diversion and use of existing water rights and the development of new sources of water, including the Glasman Ditch No. 2 conditional water right. Membership expenses were incurred during the diligence period. J. During the diligence period, the District has participated in Water Court matters related to its Water Supply System. These activities included entering into settlements with a neighboring land owner expressly limiting opposition to diligence proceedings relevant to the Glasman Ditch No. 2 water right. In addition, the District participated in, and resolved opposition to, a pending Water Court proceeding, Case No. 10CW305, involving various Elk Creek ditches. Said participation was intended, in part, to protect the District s interests in the Glasman Ditch No. 2 water right. Costs associated with these efforts were incurred during the diligence period. 5. Water Applied to Beneficial Use: N/A. 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: The District now holds recorded easements for the diversion facilities located on Elk Creek and pumping facilities adjacent to the same associated with the Glasman Ditch No. 2 water right. On information and belief, said easements are located on lands currently owned by David William Brown Living Trust, 665 Meadow Drive, Pine, Colorado 80470, Mary and Douglas Windemuller, 350 Meadow Drive, P.O. Box 609, Pine, Colorado and Magness Land Holdings LLC, th Street, #660, Denver, Colorado The District will comply with any additional notice requirements contemplated under (2)(b), C.R.S. WHEREFORE, Will-O-Wisp requests the Court to enter its decree and ruling as follows: To make a finding of reasonable diligence with respect to the conditional water right decreed for the Glasman Ditch No. 2 in Case No. 83CW002 and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence, or such other relief as the Court deems appropriate. 15CW3044 City of Thornton, Infrastructure Department, Division of Water Resources, N. Washington St., Thornton, CO 80241, Joanne Herlihy, Esq., Assistant City Attorney, City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE AND TO MAKE 11