TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION

Transcription

1 TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, , you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of October, CW217 KOEHLER BROTHERS, INC. JAMES R. KOEHLER, 1001 E. C St., Greeley, CO WILLIAM R. KOEHLER Application for Change of Water Right, IN WELD COUNTY. Koehler Well No. 2876F Decreed: 2/21/1995 /Case No. W-246, Water Division 1. Decreed point of diversion. E1/2SE1/4, S28, T6N, R65W, at a point 1320 W of E section line and 10 S of E west center line, S28. Source: Groundwater Appropriation: 6/1/1961 Amount: 1.78 cfs Historic use: Irrigation o approximately 140 acres in SE1/4, S28, together with other water rights. Proposed change: Well was redrilled at a point 2630 from S line and 1270 from E line S28. Land irrigated by this well for the last forty-one(41) years is 66 located in E1/2, S1/4 S28, T6N, R65W, and 74 acres located in W1/2SW1/4, S27, T6N, R65W, 6 th P.M. These two parcels of ground ware connect by a concrete irrigation ditch which carries the water pumped from the well located on the 66 acres in S28, under WCR 43 to the 74 acres located in S27. (2 pages) 2002CW218 DAVID L. & EDELTRAUD CARLSON, 3081 Ursula Street North, Aurora, CO Application for Underground Water Right, IN PARK COUNTY. Well No is located in the SE1/4SE1/4, S29, T13S, R74W, 6 th P.M., 650 from S and 615 from E section line. a/k/a Nine Mile Height, Lot 23, Filing 7. Source: Groundwater Depth: 460 Appropriation: 8/5/1999 Amount claimed: 15 gpm (3 a/f annually) If non-irrigation described purposed fully: Fire protection, ordinary household purposes inside 3 single family dwellings, irrigation of not more than one (1) acre of home garden and lawns and the watering of domestic animals. (3 pages) 2002CW219 WILLIAM G. & FUJIE KING, N. Travois Trail, Parker, CO Application for Underground Water Rights from Not Nontributary and Nontributary Sources, IN DOUGLAS COUNTY. Well permits: Permit #93675 Well permits will be applied for prior to drilling the wells. No specific new wells are sought to withdraw ground water from the Not nontributary Dawson, Denver Aquifers and the nontributary Arapahoe, Laramie-Fox Hills Aquifers underlying the land described in paragraph 9 below at this time. All wells are located on the applicants land in S2, T6S, R66W, 6 th P.M., Douglas County. No specific locations for the proposed wells are requested. Specific locations will be provided when applications for well permits are submitted. 4. Source of Water Rights: A. The not nontributary groundwater will be withdrawn form the Dawson, Denver Aquifers. B. The nontributary groundwater will be withdrawn from the Arapahoe, Laramie-Fox Hills. 5. Estimated Amounts, Rates of Withdrawal and Well Depths: A. Average Pumping rates and Well Depths: Rate Aquifer Depths Dawson Aquifer 15 gpm 468 feet Denver Aquifer 50 gpm feet Arapahoe Aquifer 50 gpm feet Laramie-Fox Hills Aquifer 50 gpm feet Actual pumping rates may vary according to system design and water supply demands. B. Estimated Average Annual Amounts Available The estimated average annual amount of withdrawal available from the subject aquifers as indicated below, is based upon the Denver Basin Rules, 2 C.C.R Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying the subject property which is an area of 6.7 acres. Annual Average Aquifer Sand Specific Withdrawal Thickness Yield (%) (Acre Feet) Dawson Aquifer feet.20 Denver Aquifer 292 feet

2 Arapahoe Aquifer 306 feet Laramie-Fox Hills Aquifer 228 feet C. The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrogeology and the legal entitlement of Applicant to all groundwater in those aquifers underlying the described property. D. The use of not nontributary water from the Denver aquifer shall be subject to judicial approval of an augmentation plan which will be applied for at such time as the well is proposed to be permitted. 6. Well Fields. Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available ground water in the subject aquifers lying below the land described in paragraph 9 below, through the wells described in paragraph 2 above and any additional wells which may in the future become part of the Applicant s well fields. Applicant requests that these wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well. 7. Proposed Use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: municipal, domestic, industrial, commercial, augmentation, stock watering, recreational, fish and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 8. Applicant requests the right to withdraw form these wells an average amount of water determined to be available in paragraph 5 plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. 9. Description of the Land Overlying Subject Ground Water: Approximately 6.7 acres of land located in the SE1/4NE1/4 of S2, T6S, R66W, 6 th P.M. Douglas County, Colorado. (3 pages) 2002CW220 LAVERNE J. FROMM, Inspiration Drive, Parker, CO Application for Underground Water Right, IN DOUGLAS COUNTY. Well #55293 is located in the NW1/4NE1/4, S8, T6S, RT65W, 6 th P.M., 60 from N and 833 from W section line, a/k/a Black Forest Estates, Lot 66, Unit 1. Source: Dawson Aquifer Depth: 201 Appropriation: 7/1/1972 Amount claimed: 15 gpm If well is non-tributary: Name of Aquifer: Dawson. Amount claimed in acre feet annually: 1 acre Use: Domestic. (3 pages) 2002CW221 RAYMOND L. AND ANGELA M. BERRY, 7032 Blue Creek Rd., Evergreen, CO (Lee H. Johnson, K. G. Moore, Carlson, Hammond & Paddock, L.L.C., Attorneys for Applicants, 1700 Lincoln St., Suite 3900, Denver, CO ). Application for Underground Water Right IN JEFFERSON COUNTY. 2. Name of well: Permit No Legal description of well: SE¼ of the NW¼ of Section 28, T5S, R71W, 6 th P.M feet from the North Section line, and 2440 feet from the West Section line. Street Address: 7032 Blue Creek Rd., Spruce Dale Park Excep. Subdivision Lots 8 and 7. 4.A. Source: Groundwater; B. Depth: 400 feet. 5.A. Date of Appropriation: May 31, 1994; B. How appropriation was initiated: By filing well permit application; C. Date water applied to beneficial use: November 17, Amount claimed: 15 gpm Absolute. 7. Proposed uses: household uses consistent with C.R.S (3)(b)(II)(A). 8. Name and address of owners of land on which well is located: Raymond L. and Angela M. Berry, 7032 Blue Creek Rd., Evergreen, CO Remarks: This is an exempt well issued pursuant to C.R.S (3)(b)(II)(A). (3 pages) 2002CW222 GARY B. & SUANNE R. TOWNSEND, 4604 Sunshine Canyon Drive, Boulder, CO Application for Underground Water Right, IN BOULDER COUNTY. Townsend Well No is located in the SW1/.4NE1/4, S16, T1N, R71W, 6 th P..M fron N and 2540 from E section line. Source: Groundwater tributary to Fourmile Canyon Creek & the South Platte River System Depth: 231 Appropriation: 3/27/1974 Amount claimed: 8.3 gpm Use: Household use only, for one single family dwelling and not to be used for irrigation. The return flow from use of this well to be returned to same stream system in which the well is located. (3 pages) 3

3 2002CW223 STEVEN AND LORI VAN DER WEGE, Capella Drive, Monument, CO, (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905) Application for Denver Basin Water Rights and Approval of Plan for Augmentation, IN EL PASO COUNTY. 1. Name, address, telephone number of applicant: Stephen Van Der Wege and Lori Van Der Wege, Capella Drive, Monument, CO 80132; phone no Names of wells and permit, registration, or denial numbers: Well permit no (the existing Dawson aquifer well ). It is permitted for household uses only. 3. Legal description of wells: The existing Dawson aquifer well is located in the SE1/4 NW1/4 Section 3, T. 11 S., R. 67 W., 6 th P.M., in El Paso County. One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers may be located anywhere on Applicants five acre property, the legal description of which is Tract 16, Colorado Estates Subdivision No. 1, El Paso County, Colorado, the street address for which is Capella Drive, Monument, CO The Property is located in the Monument Creek drainage in the SE1/4 NW1/4 Section 3, T. 11 S., R. 67 W., 6 th P.M. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer: 25 g.p.m., 4.8 acre feet annually, absolute; Denver aquifer: 75 g.p.m. per well, 3.5 acre feet annually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 3.6 acre feet annually, absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 1.4 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer's Determination of Facts. 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.7. Proposed use: All beneficial uses including augmentation and exchange. 8. Name and address of owner of land on which well is located: Same as applicant. 9. Remarks: The property is.subject to two liens. Written notice has been given by certified mail to each of the lienholders, GMAC Mortgage Corporation and Wells Fargo Bank, N.A. Copies of those letters are attached to this application as Exhibits 1 and 2. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Name, address, telephone number of applicant: Stephen Van Der Wege and Lori Van Der Wege, Capella Drive, Monument, CO 80132; phone no Name of structures to be augmented: The existing Dawson aquifer well. No other water rights are or will be diverted from this well. 12. Previous decrees for water rights to be used for augmentation: None. 13. Historic use: Not applicable.14. Statement of plan for augmentation: Applicant wishes to provide for the augmentation of stream depletions caused by pumping the existing Dawson aquifer well, which is permitted for household uses only. Water use criteria for the Property are as follows: indoor uses: 0.27 acre feet annually per single family dwelling, which is 10% consumptive; horses (or horse equivalent): acre feet annually (10 gallons per day) per head, 100% consumptive; landscape irrigation: acre feet annually per 1,000 square feet (2.0 acre feet per acre) per year, 85% consumptive. Consumption attributable to indoor uses is predicated on the use of nonevaporative Individual Sewage Disposal Systems ( ISDS ), which shall be required. Change to any other type of waste water disposal shall require an amendment to the plan for augmentation. Replacements during pumping. Based upon computer modeling, depletions to the South Platte and Arkansas basins combined are expected to gradually increase to a maximum of 8.22% of pumping annually in the 100th year. Pumping from the Dawson aquifer well shall be limited to pumping of 3.0 acre feet annually, which would result in annual stream depletions, in the 100 th year, of 0.24 acre feet. Return flows from a single ISDS will equal 0.24 acre feet annually. Thus, even if all water uses on the Property other than household uses are fully consumptive, return flows from the ISDS alone are adequate to replace stream depletions during pumping. The only restrictions necessary to ensure that replacements equal or exceed stream depletions during pumping are (1) limitation to annual pumping of 3.0 acre feet from the existing Dawson aquifer well, and (2) use of ISDS or some other form of wastewater treatment which is no more consumptive. Replacements after pumping. Stream depletions will reach a maximum of 8.22% of 4

4 average annual pumping at the time pumping ceases, theoretically in the 100 th year, and will decline thereafter. Applicants shall replace injurious post-pumping depletions with the nontributary Denver aquifer water decreed herein, 287 acre feet of which will be reserved for that purpose. However, Applicant seeks to reserve the right to replace such depletions with any judicially acceptable source of augmentation water upon application and notice as required by law. Applicant further proposes to aggregate all depletions and replace them to the Monument Creek drainage. Any final decree entered in this case shall provide that no more than 3.0 acre feet per year may be diverted from the existing Dawson aquifer well absent an amendment to this plan for augmentation. Upon entry of a decree in this case, Applicants shall apply for a new well permit for the existing Dawson aquifer well, consistent with the terms of the plan for augmentation and applicable statutes and rules and regulations of the State Engineer. Because depletions will occur in both Water Divisions 1 and 2, this application will appear in the resumes for both water divisions. Applicants will seek to consolidate the applications in Water Division 2 after the time for filing statements of opposition have expired. (Application and attachments, 5 pages) 2002CW224 LINDA L. WHITTAKER, 3417 E. Elm Ave., Parker, CO Application for Underground Water Right, IN DOUGLAS COUNTY. Whittaker Well #87199 is located in the NE1/4NW1/4, S7, T6S, R66W, 6 th P.M., 900 from N and 1960 from W section line, a/k/a Grandview Estates, Lot 5 and S1/2 of Lot 4, Block 4. Source: Denver Basin/Dawson Aquifer Depth: 290 Appropriation: 11/8/1976 Amount claimed: 15 gpm (1 a/f annually) Use: Number of acres historically irrigated: 0.33 (as listed on original permit application) Area of lawns and gardens irrigated: Less than 0.33 acres. If non-irrigation, describe purpose fully: Household & Livestock. Remarks: Well permit was originally in the name of Noah Lynn Williams. Property was purchased by Linda L. and Gary L. Whittaker in 9/1979. (3 pages) 2002CW225 CITY OF FORT COLLINS, Michael D. Shimmin, Vranesh & Raisch, LLP, P.O. Box 871, Boulder, CO Telephone: (303) Fax: (303) mds@vrlaw.com. APPLICATION FOR FINDING OF DILIGENCE, IN LARIMER COUNTY. 1. Name, address, telephone number(s) of applicant: City of Fort Collins c/o Fort Collins Utilities P.O. Box 580 Fort Collins, CO Telephone: (970) Name of structures: a. Structures to which water may be exchanged and then diverted or stored include the following: Halligan Reservoir (a/k/a North Poudre Reservoir No. 16); North Poudre Canal; Seaman Reservoir (a/k/a Milton Seaman Reservoir); North Poudre Supply Canal (a/k/a Munroe Canal); City of Fort Collins Pipeline; Poudre Valley Canal; City of Greeley Pipeline; Pleasant Valley and Lake Canal; Larimer County Canal; New Mercer Ditch; Larimer County Canal No. 2; Arthur Ditch; Larimer and Weld Canal (a/k/a Eaton Ditch); Lake Canal; Fossil Creek Reservoir Inlet Canal. b. Structures from which water may be released for exchange include the following: City of Fort Collins Wastewater Treatment Plant No. 1 (a/k/a Fort Collins Mulberry Water Reclamation Facility); City of Fort Collins Wastewater Treatment Plant No. 2 (a/k/a Fort Collins Drake Water Reclamation Facility); City of Fort Collins Wastewater Treatment Plant No. 3; Halligan Reservoir (a/k/a North Poudre Reservoir No. 16); North Poudre Canal; Seaman Reservoir (a/k/a Milton Seaman Reservoir); Poudre Valley Canal; City of Greeley Pipeline; Larimer County Canal; Claymore Lake; Larimer and Weld Canal; Lake Canal; Warren Lake Reservoir; 5

5 Sherwood Lake (a/k/a Nelson Reservoir); Fossil Creek Reservoir; New Mercer Ditch; Larimer County Canal No. 2; Arthur Ditch. 3. Describe conditional water right (as to each structure) giving the following from the Referee s Ruling and Judgment and Decree: a. Date of Original Decree: October 2, Case No. 92CW129. Court: Water Division 1. b. Legal description: i. Halligan Reservoir (a/k/a North Poudre Reservoir No. 16), located in portions of Sec. 29, 32, 33, and 34, T11N, R71W, 6th P.M., Larimer County; ii. iii. iv. North Poudre Canal, located on the North Fork of the Cache la Poudre River at a point 1080 feet west and 170 feet north of the SE corner of Sec. 12, T10N, R71W, 6th P.M., Larimer County; Seaman Reservoir (a/k/a Milton Seaman Reservoir), located in portions of Sec. 28 and 33, T9N, R70W, 6th P.M., Larimer County; North Poudre Supply Canal (a/k/a Munroe Canal), located on the east bank of the Cache la Poudre River in the SW ¼, NE ¼ of Sec. 5, T8N, R70W, 6th P.M., Larimer County, at a point whence the Southeast corner of said Sec. 5 bears south 37 27'30" east feet; v. City of Fort Collins Pipeline, located in the SE ¼, Sec. 32, T9N, R70W, 6th P.M., Larimer County being more particularly described as follows: Considering the East line of said SE ¼ as bearing N 7 49'9" E, and with all bearings contained therein relative thereto; commencing at the SE corner of said Sec. 32: thence N 4 32'46" E, feet to the center of said pipeline intake. vi. vii. Poudre Valley Canal, located 1020 feet N and 160 feet E of the SW corner of Sec. 10, T8N, R70W, 6th P.M., Larimer County; City of Greeley Pipeline, located 1790 feet S and 1970 feet W of the NE corner of Sec. 15, T8N, R70W, 6th P.M., Larimer County; viii. Pleasant Valley and Lake Canal, located 1570 feet E and 1720 feet N of the SW corner of Sec. 14, T8N, R70W, 6th P.M., Larimer County; ix. Larimer County Canal, located 610 feet N and 1540 feet E of the SW corner of Sec. 13, T8N, R70W, 6th P.M., Larimer County; x. New Mercer Ditch, located 70 feet N and 295 feet E of the SW corner of Sec. 29, T8N, R69W, 6th P.M., Larimer County; 6

6 xi. xii. xiii. xiv. Larimer County Canal No. 2, located 70 feet N and 295 feet E of the SW corner of Sec. 29, T8N, R69W, 6th P.M., Larimer County; Arthur Ditch, located 200 feet N and 440 feet E of the SW corner of Sec. 34, T8N, R69W, 6th P.M., Larimer County; Larimer and Weld Canal (a/k/a Eaton Ditch), located 460 feet N and 2150 feet E of the SW corner of Sec. 34, T8N, R69W, 6th P.M., Larimer County; Lake Canal, located 600 feet W and 680 feet N of the SE corner of Sec. 2, T7N, R69W, 6th P.M., Larimer County; xv. Fossil Creek Reservoir Inlet Canal, located 85 feet W and 2600 feet N of the SE corner of Sec. 20, T7N, R68W, 6th P.M., Larimer County; xvi. xvii. xviii. xix. xx. xxi. City of Fort Collins Wastewater Treatment Plant No. 1 (a/k/a Fort Collins Mulberry Water Reclamation Facility): A facility that discharges wastewater, located in the S ½, SE ¼, Sec. 12, T7N, R69W, 6th P.M., Larimer County; City of Fort Collins Wastewater Treatment Plant No. 2 (a/k/a Fort Collins Drake Water Reclamation Facility): A facility that discharges wastewater, located in the E ½, SE ¼, Sec. 20, T7N, R68W, 6th P.M., Larimer County; City of Fort Collins Wastewater Treatment Plant No. 3: A planned facility that will discharge wastewater, located in the SW ¼, Sec. 13, T6N, R68W, 6th P.M., Larimer County; Claymore Lake, located in the SE ¼ of Sec. 31 and the SW ¼ of Sec. 32, T8N, R69W, 6th P.M., Larimer County; Warren Lake Reservoir, located in the W ½ of Sec. 31, T7N, R68W, 6th P.M., and in Sec. 36, T7N, R69W, 6th P.M., Larimer County; Sherwood Lake (a/k/a Nelson Reservoir), located in the N ½ of Sec. 30, T7N, R68W, 6th P.M., Larimer County; xxii. Fossil Creek Reservoir, located in portions of Sec. 9, 10, 15, 16, and 17, T6N, R68W, 6th P.M., Larimer County. c. Source: The source of water diverted or stored by exchange at Halligan Reservoir, North Poudre Canal, and Seaman Reservoir is the North Fork of the Cache la Poudre River, tributary of the Cache la Poudre River. The source of water diverted or stored by exchange at all other listed structures is the Cache la Poudre River, a tributary of the South Platte River. The water rights used in this exchange are shares owned by Fort Collins in the Arthur Irrigation Company, the Larimer County Canal No. 2 Irrigating Company, the New Mercer Ditch Company, and the Warren Lake Reservoir Company, which were all changed and made available for this exchange by the decree entered in Case No. 92CW129. 7

7 d. Appropriation Date: December 18, Amount: 350 cfs, conditional. e. Use: Uses shall include all municipal uses, including but not limited to domestic, irrigation, commercial, industrial, recreation, fishery, piscatorial, and wildlife, within the Fort Collins service area as it now exists or may from time to time be expanded, and for augmentation, replacement and substitution, and exchange, including contract exchanges or water trades made by mutual agreement with other water users. Water diverted by exchange will flow directly to immediate use or will be stored for later use. To the extent the replacement water supplied by Fort Collins is fully consumable, the water Fort Collins diverts by exchange shall be fully consumable. 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: a. Actual Operation of Some Exchanges: During the diligence period, Fort Collins operated some of the exchanges using existing facilities. The exchanges operated and the flow rates exchanged are listed below in Paragraph 5, which is incorporated by reference. b. Work on Additional Facilities: Full operation of the conditional exchanges is directly related to the construction of certain additional facilities by Fort Collins. The City has determined that two important additional facilities are the Pleasant Valley Pipeline and the Halligan Reservoir Enlargement. Fort Collins has done significant work on both facility projects during this diligence period. The Pleasant Valley Pipeline is a joint project with other water users which is being developed under the guidance of the Northern Colorado Water Conservancy District. This 8- mile pipeline will provide needed additional capacity to divert water from the Poudre River to Fort Collins Water Treatment Facility. It will be a key component of the Fort Collins raw water system and an important conduit for using the water covered by the conditional exchanges. The Pleasant Valley Pipeline project has been developed over the last 3-4 years. To date, Fort Collins has spent approximately $1,370,000 on the project and expects that the pipeline will be completed in 2004, at a total cost to Fort Collins of approximately $10,000,000. Additionally, Fort Collins has done significant work on the Halligan Reservoir Enlargement project. Halligan Reservoir is currently owned by North Poudre Irrigation Company (NPIC). In 1993, Fort Collins entered into an agreement with NPIC giving Fort Collins the option to purchase the existing site and to enlarge Halligan Reservoir. Pursuant to this agreement, Fort Collins has paid NPIC a total of $676,447 during this diligence period. In early 2002, Fort Collins hired a consultant to do a detailed study of the Halligan Reservoir Enlargement project, at a cost of $185,000. That study was recently completed. c. Access to Other Existing Structures: During the diligence period, Fort Collins has negotiated with the owners of existing structures to which the exchanges are decreed. For the 2001 and 2002 water years, Fort Collins entered into operational agreements with NPIC to allow for diversion and storage of water under these exchanges in the Munroe Canal, North Poudre Canal, Halligan Reservoir, and Fossil Creek Reservoir. For the 2002 water year, Fort Collins entered into operational agreements with the Pleasant Valley and Lake Irrigation Company for diversion and storage of water under these exchanges in Claymore Lake. d. Other Related Work as Part of Fort Collins Integrated Water Supply System: During the diligence period, the Fort Collins Water Utility staff has spent a 8

8 significant amount of time on planning activities to incorporate the water yielded by these exchanges into the overall water supply for the City. No dollar value has been assigned to this activity at the present time. Additionally, Fort Collins incurred legal fees and costs in the course of developing and using the water covered by the conditional exchanges. A total of approximately $16,122 was spent on legal fees specifically associated with this case. Additionally, the exchanges described in this application are an integrated part of Fort Collins overall water supply system. In addition to the specific, itemized work and expenses listed above, Fort Collins has done significant other work developing and maintaining its overall water supply system which has not been itemized at this time. e. Future Need for Water: Fort Collins actual need for the water represented by these exchanges has not been as great during the diligence period as it will be in the future. As Fort Collins grows and water demands increase, there will be an increasing need to divert more water under these exchanges. Fort Collins has a continuing and future need for all of the water and exchange potential decreed under the conditional exchange rights, and has the continuing plan and intent to develop and put to beneficial use all of the exchanges included in the original conditional decree. 5. If claim to make absolute, dates and amounts of water applied to beneficial use: a. During the diligence period, Fort Collins actually diverted and put to beneficial use the amounts of water listed below, under each of the exchanges listed below, and these exchanges and amounts should be made absolute: DURING WATER YEAR 2001 New Mercer Ditch to the Munroe Canal Larimer No. 2 Canal to the Munroe Canal Fossil Creek Reservoir Outlet to the Fort Collins Pipeline MAXIMUM DAILY FLOW RATE.74 c.f.s c.f.s c.f.s. DURING WATER YEAR 2002 New Mercer Ditch to Halligan Reservoir New Mercer Ditch to North Poudre Canal New Mercer Ditch to Pleasant Valley and Lake Canal Larimer No. 2 Canal to Halligan Reservoir Claymore Lake to the Fort Collins Pipeline Arthur Ditch to Halligan Reservoir Arthur Ditch to North Poudre Canal Arthur Ditch to Pleasant Valley and Lake Canal Fossil Creek Reservoir Outlet to the Fort Collins Pipeline MAXIMUM DAILY FLOW RATE 2.20 c.f.s c.f.s..24 c.f.s c.f.s c.f.s c.f.s c.f.s..95 c.f.s c.f.s. 9

9 a. Description of place of use where water is applied to beneficial use: Fort Collins service area as described in Paragraph 3.e. above and for related augmentation use. 2. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. a. The owners of the structures in land upon which structures are located and upon which water is or will be stored are listed below. i. The North Poudre Irrigation Company, 3729 Cleveland Avenue, P.O. Box 100, Wellington, CO 80549, is the owner of Halligan Reservoir, North Poudre Canal, North Poudre Supply Canal (a/k/a Munroe Canal), Fossil Creek Reservoir Inlet Canal, and Fossil Creek Reservoir. ii. The City of Greeley, th Street, Greeley, CO 80631, is the owner of Seaman Reservoir and City of Greeley Pipeline. iii. The Windsor Reservoir and Canal Company, 106 Elm, P.O. Box 206, Eaton, CO 80615, is the owner of the Poudre Valley Canal. iv. The Pleasant Valley and Lake Canal Company, 160 West Mountain Avenue, P.O. Box 421, Fort Collins, CO 80522, is the owner of the Pleasant Valley and Lake Canal, and Claymore Lake. v. The Water Supply and Storage Company, 2319 East Mulberry, Fort Collins, CO 80524, is the owner of the Larimer County Canal. vi. vii. viii. The New Mercer Ditch Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO , is the owner of the New Mercer Ditch. The Larimer County Canal No. 2 Irrigating Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO , is the owner of the Larimer County Canal No. 2. The Arthur Irrigation Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO , is the owner of the Arthur Ditch. ix. The Larimer and Weld Irrigation Company, 106 Elm, P.O. Box 206, Eaton, CO 80615, is the owner of the Larimer and Weld Canal (a/k/a Eaton Ditch). x. The Lake Canal Company, P.O. Box 104, Lucerne, CO 80646, is the owner of the Lake Canal. xi. The Warren Lake Reservoir Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO , is the owner of Warren Lake Reservoir. xii. The Sherwood Reservoir Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO , is the owner of Sherwood Lake (a/k/a Nelson Reservoir). 10

10 xiii. The Applicant, City of Fort Collins, is the owner of the City of Fort Collins Pipeline and the City of Fort Collins Wastewater Treatment Plants Nos. 1, 2, and 3. b. The land upon which water is or will be placed to beneficial use includes the entire service area of Fort Collins as it now exists or may from time to time be expanded. It is not practical and it is not necessary to list the individual names and addresses of all of the owners of said land. WHEREFORE, Fort Collins requests that the Court enter a decree which makes the exchanges absolute as listed in Paragraph 5.a. above, finds that Fort Collins has proceeded with reasonable diligence to develop the remainder of the conditional exchange rights, and continues the conditional exchange rights for an additional six years. 2002CW226 THE CONSOLIDATED MUTUAL WATER COMPANY APPLICATION FOR CHANGE OF WATER RIGHTS, IN JEFFERSON COUNTY. (Benjamin L. Craig, West 27 th Avenue, P.O. Box , Lakewood, Colorado Phone Number: Fax Number: ) 1. Name, mailing address, telephone number of Applicant: The Consolidated Mutual Water Company West 27 th Avenue P.O. Box Lakewood, Colorado Decreed name of Structure for which change is sought: THE GOLDEN DITCH aka GOLDEN CANAL, and WELCH DITCH, hereinafter Welch Ditch. 3. From previous decree: A. Date Entered: October 4, 1884 Court: District Court, County of Arapahoe, State of Colorado. Decreed location of point of diversion: The Welch Ditch diverts from the Southeast bank of Clear Creek at a point where the quarter corner on the South line of Section 32, Township 3 South, Range 70 West of the 6 th P.M., Jefferson County, Colorado, bears South 28 degrees East, 900 feet. B. Source: Clear Creek. C. Appropriation date: The following rights have been decreed to the Welch Ditch. Date of Date of Decreed Amount Priority Appropriation Adjudication Use (cfs) 4 05/19/ /04/1884 Irr /13/ /04/1884 Irr /11/ /04/1884 Irr * 06/02/ /13/1936 Irr *This priority is owned outright by The Agricultural Ditch and Reservoir Company and is not sought to be changed in this application. E. Historical use: The Welch Ditch is owned by The Golden Canal and Reservoir Company, which is wholly owned by The Agricultural Ditch and Reservoir Company. The Welch Ditch has been operated as a carrier ditch and furnishes water to contract holders of Welch inches for irrigation on lands located between the Welch Ditch and the Agricultural Ditch and land below the Agricultural Ditch in Jefferson County. See Exhibit 1 attached hereto. The location of the lands on which the Welch Ditch inches sought to be changed in this application were used historically is shown on Exhibit 2 attached hereto. The Welch Ditch diverts from Clear Creek about one mile above the City of Golden in Clear Creek Canyon. Historical direct flow diversions from Clear Creek into the Welch Ditch for the 11

11 years 1929 through 1956 as established in Consolidated s previous change of its Welch Ditch rights, Case No. 94 CW 197, and attributed to The Golden Canal and Reservoir Company s rights, are shown on the attached Exhibit Proposed changes: In Case No. 94 CW 197, Consolidated changed its Welch Ditch inches to use in its municipal water system and in Case No. 01 CW 056, now pending, Consolidated seeks to change another Welch Ditch inches. In this application, Consolidated seeks to change an additional Welch Ditch inches, which it has since acquired. A. Change in type of use: Consolidated operates a municipal water system in suburban Jefferson County for the mutual benefit of its stockholders. It seeks to change its recently acquired contract inches in the Welch Ditch from irrigation uses to direct flow and storage for all beneficial purposes including municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation, exchange, replacement and any other use necessary, desirable, or incidental to the operation of its water system. Return flows from the use of the subject water rights will be quantified and used to offset any return flows required to be made to prevent injury from the change of water rights. Water derived from the exercise of the subject water rights on which required return flows have been made, and the extent to which municipal returns exceed historical irrigation returns, shall be fully consumable by Consolidated and may be used, reused, successively used and disposed of by sale, exchange or otherwise, to extinction, for all beneficial purposes identified herein. B. Change in manner of use: In addition to use by direct application to beneficial use, Consolidated seeks to store future deliveries of the subject Welch Ditch rights, after all required return flows have been made, in the following alternate places of storage for future uses: (1) Maple Grove Reservoir located in the South ½, Section 29, and the North ½, Section 32, Township 3 South, Range 69 West of the 6 th P.M., Jefferson County, Colorado; (2) Fairmount Reservoir located in the Northeast ¼ of Section 24, Township 3 South, Range 70 West of the 6 th P.M., Jefferson County, Colorado, said Fairmount Reservoir is more particularly described in the decree for conditional storage rights for said Fairmount (formerly Bandimere) Reservoir in Case No. 91 CW 092; (3) Walter S. Welton (formerly Fortune) Reservoir located in the South ½ of Section 24 and the North ½ of Section 25, Township 2 South, Range 70 West of the 6 th P.M., Jefferson County, Colorado. C. Change in place of use: To within Consolidated s present and future treated water and/or raw water systems. 5. Names and address of owners of land on which structures are located: All structures, other than the Welch Ditch, are located on lands owned by Applicant. Welch Ditch: The Golden Canal and Reservoir Company West Cedar Drive, Suite 102 Lakewood, Colorado (4 pages; Exhibits 3 pages) 2002CW227 Parker Water and Sanitation District, c/o Frank P. Jaeger, Manager, East Mainstreet, Parker, Colorado 80134(303) (Robert F. T. Krassa, KRASSA & MILLER, LLC, th Street, Suite 800, Boulder, CO 80301, tel ) APPLICATION FOR APPROVAL OF WELL FIELD OPERATION INCLUDING ALTERNATE POINTS OF DIVERSION, IN DOUGLAS COUNTY. Applicant may be referred to herein as "Parker", "Applicant" or "District". 2. Existing Decrees and Pending Applications. The water, wells and water rights which are the subject of this Application, are the subject of the following existing decrees or pending application. (a) Decree entered by 12

12 this Court on April 18, 1990 in Parker s Case 87CW104 (A), and recorded April 23, 1990 at reception number , Book 0908, page 0589, records of Douglas County. (b)decree entered by this Court on October 27, 1992 in Parker s Case 87CW104 (B), and recorded same date at reception number , Book 1093, page 1252, records of Douglas County. (c) Decree entered by this Court in Case 94CW042 on December 16, 1996 and recorded January 8, 1997 at reception number , Book 1400, Page 1715, records of Douglas County, and concerning a Decree entered by this Court on December 19, 1985 in Stroh Ranch Development Case 83CW161 which was recorded December 31, 1985 at reception number , Book 616, page 754, records of Douglas County. (d) Decree entered by this Court in Parker's Case 95CW089 on March 31, 1997 and recorded April 15, 1997 at reception number , Book 1422, page 2382, records of Douglas County. (e) Pending well field enlargement application, as amended, in Case 99CW006 in this Court. (f) Decree entered by this Court on May 29, 1992 in Case 91CW094 upon the application of Charles S.Hover, Jr. and Winifred D. Hover. 3. Parcel and Ownership Information. The groundwater which Parker requests be added to its existing well fields underlies the NE/4 of Section 19, T.6S, R.65W of the 6 th PM, comprising approximately 160 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed dated October 2, 2002, with the exception of the 12 acre feet per year ("AF/yr") of groundwater in the Lower Dawson aquifer reserved by Sellers. This parcel and Parker's existing well fields are shown on the map attached hereto as Exhibit Well Field Operation. Parker seeks to add the groundwater in the Denver Basin aquifers underlying the parcel described in foregoing paragraph 3 which has been conveyed to the District, to the District s existing well fields as adjudicated by this Court in Parts A and B of Case 87CW104, 94CW042 and 95CW089. (a) Parker requests judicial approval of well field operation under which all of its rights to groundwater from specific aquifers, or portions of aquifers, of the Denver Basin as described herein, can be withdrawn from a minimum number of suitably located wells with maximum flexibility as to pumping rates of such wells. Each such group of wells will be referred to herein as a "well field". Said term shall include all of the rights and operational flexibility of "well field" as that term is defined in Rule 4.A.13 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, and all of the rights and operational flexibility which can be attained by judicial approval for all the wells in a well field to be alternate points of diversion for each other. Six such well fields are described herein, in the "not nontributary" portions of the Lower Dawson and Denver aquifers, and in the nontributary portions of the Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. (b) The wells and water rights in the said aquifers described in the above referenced decree in Case 91CW094, together with overlying lands associated therewith, and all of the groundwater in the said aquifers underlying the parcel described in foregoing paragraph 3 (except the 12 AF/yr in the Lower Dawson aquifer retained by Sellers), shall be added to the corresponding Well Field described in the District s well field decrees entered in above described Cases 87CW104(A) and (B), 94CW042 and 95CW089, as if originally a part thereof. In addition, such additional wells as are constructed pursuant to the provisions of the said decrees or of the decree entered pursuant to the present application, to maintain production of and to recover the amount of groundwater to which Parker is entitled from each aquifer, shall be included among the wells in said well field. (c) The subject groundwater will be used in a unified water system to serve the present and future service area of Parker Water and Sanitation District. All of the groundwater may be used, reused and successively used, and otherwise disposed of for municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection and other beneficial uses including augmentation, substitution and exchange. Such water may be withdrawn through the wells described herein for immediate application to beneficial use, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for all other augmentation purposes including taking credit for all return flows as augmentation for or as offsets against out-of-priority tributary depletions as provided in augmentation plan decrees of this Court. (d) Each well in the above described well fields, including additional wells, shall be designated as an alternate point of diversion for all of the other wells in that well field. (e) If Parker constructs any additional, alternate point or supplemental wells pursuant to the terms of the decrees identified in paragraph 2 hereof, or pursuant to the decree to be entered herein, each such well shall be automatically a part of the well fields requested herein without the necessity to amend this application or any decree entered herein. 5. Water Added to Well Fields. (a) The average annual amounts of water which may be withdrawn from the Denver Basin aquifers under the requested addition to the well fields are as follows: Lower Dawson 30.6 AF/yr, Denver 94.4 AF/yr, Arapahoe 63.1 AF/yr, Laramie-Fox Hills 49.4 AF/yr. These amounts were determined in the Decree entered by this Court in Case 91CW094. The amount in the Lower Dawson was adjudicated 13

13 as 42.6 acre feet per year, and Sellers have retained 12 acre feet per year thereof. All four aquifers are nontributary at this location. The quantities stated are subject to adjustment pursuant to the terms of the said decree and pursuant to the terms of any decree to be entered pursuant to this application. 6. Description of Land to be Irrigated. Any land served by Parker s municipal water system. This system includes the Stroh Ranch lands described in the Decree in Case 83CW161. Such land is generally contained in Townships 6 and 7 South, Ranges 65 and 66 West of the 6th P.M., in Douglas County, but Parker may serve others outside its boundaries pursuant to contract or its rules and regulations. 7. Additional Wells. The well fields requested herein shall include each additional well, alternate point of diversion well, supplemental well or replacement well which is necessary to withdraw all of the groundwater in each well field, including the groundwater for which adjudication is requested in paragraphs 5 through 13 hereof, may be withdrawn through such additional, supplemental and replacement wells as necessary without publishing additional notice or filing additional pleadings with the Court. 8. Banking. Parker requests the right to withdraw an amount of water in excess of the decreed allowed average annual amount of withdrawal for each well field, as long as the total amount of water withdrawn from each well field does not exceed the product of the number of years since the date of issuance of the original permit or the original decree for each water right described herein, whichever is first, times the decreed allowed average annual amount of withdrawal, except as set forth in the Decree in Case 83CW Pumping Rates. Parker may withdraw the total annual average amount of water provided herein for each well field from any combination of the wells in that well field. The pumping rates for each well in that well field may exceed the nominal pumping rates set forth herein or in any decree mentioned in paragraph 2, to the extent necessary to withdraw the full allocation of water from that well field, except as set forth in the Decree in Case 83CW Water Service Entitlements. Nothing herein is intended to create any implication that the granting of the present application will affect the entitlement of any person to receive water service from Parker. Rights to water service will continue to be governed by the applicable Inclusion Agreements, other Contracts and Agreements, and Parker s Rules and Regulations. 11. Overlying Lands. The overlying lands which relate to the groundwater which is the subject of this application are fully described in the decrees referenced in paragraph 2, the parcel description in paragraph 3 and are also shown on the map attached hereto as Exhibit Ownership and Notice. Parker owns or has the right to use the sites upon which all structures associated with this matter will be located. Also, Parker is the record title owner of all of the water and water rights which are the subject of this Application. However, Parker does not own or provide water service to the overlying lands described in paragraph 3 hereof. Pursuant to (2)(b), C.R.S. Parker will, within ten days after filing this application, mail a copy of this application by registered or certified mail to the following persons, who are believed to be all of the record owners of the overlying land and all of the persons who have a lien or mortgage on, or deed of trust to, the overlying land recorded in Douglas County. (a) Charles S. Hover, Jr and Winifred D. Hover, 9740 E. Parker Rd., Parker, CO (b) Lehman Brothers Bank, FSB, 400 Professional Drive, Suite 100, Gaithersburg, MD (c) Terry N. Thomas and Terri L. Thomas, 9850 E. Parker Rd., Parker, CO (d) First Federal Bank, 329 Pierce Street, Sioux City, IA (e) Linda Allgeier and Axel Allgeier, 9760 E. Parker Rd., Parker, CO (f) Englewood Mortgage Co E. Crescent Parkway, Suite 350, Englewood, CO 80111, (g) Bellco Credit Union, PO Box 6611, Greenwood Village, CO (h) Joseph E. Arseneau, II and Laura I. Beller, Tomahawk Rd., Parker, CO (i) Wells Fargo Home Mortgage Inc., PO Box 5137, Des Moines, IA Records. Parker will maintain such records and make such measurements of water as may be reasonably required by the Division Engineer. 14. Well Construction. This is not an application which will require the construction of a well within the meaning of (2), C.R.S. 15. Effective Dates. For purposes of applying (10), C.R.S., the original date of filing of well permit applications, the date of filing of the applications in Cases 83CW161 and 87CW104, the date of filing of applications for adjudication of the decreed underground water rights which were subsequently superseded by the decrees in Cases 87CW104(A) and 87CW104(B), whichever is earlier and applicable, is the date which shall be used by the State Engineer when considering permits for additional wells. 16. Well Permits. Parker requests the Court to order that in considering any well permit applications, the State Engineer shall be governed by the Findings of Fact, Conclusions of Law, and Decree herein which may result from this Application and shall issue said permits in accordance with the provisions of such decree and (10) C.R.S., and that Parker shall not be required to submit any additional proof or evidence of matters finally determined in such decree when making application for wells to withdraw the water rights confirmed therein. Parker further requests the Court to order that any failure to construct a well necessary to produce groundwater hereunder within the period of time specified 14

14 in any well permit not be deemed to extinguish the underlying right to water. 17. Non-Injury. No legal injury will occur to the owner of any vested or conditionally decreed water right from the granting of this application. 18. Jurisdiction. This Court has jurisdiction over the subject matter of this Application pursuant Sections (1), (2) and (6), C.R.S. 19. Referenced Materials. All attachments, decrees or pending cases mentioned herein may be inspected at the office of the Clerk of the Water Court in Greeley, Colorado. All recorded documents may be inspected at the office of the Douglas County Clerk and Recorder in Castle Rock, Colorado. 2002CW228 Nursery Acres Limited Partnership, Attn.: Mike Gilsdorf, 9010 South Santa Fe, Littleton, CO 80125, (303) (Steven P. Jeffers, Esq., Madoline E. S. Wallace, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO , (303) ). APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE UPPER ARAPAHOE, LOWER ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS IN WELD COUNTY. 2. Well Permits: There are no wells on the property. Well permit applications for the wells to be constructed shall be applied for at such time as the Applicant or its successor, or assign is prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 3. Legal Description of the Subject Property: The property is comprised of two non-contiguous parcels, one located generally in the SE 1/4 of Section 25, Township 1 North, Range 65 West, in Weld County totaling acres ( Wailes Parcel ) and another in the NW 1/4 of Section 25, Township 1 North, Range 65 West, in Weld County totaling acres ( Gettman Parcel ) (collectively Subject Property ). The wells will withdraw not nontributary groundwater from the Upper Arapahoe aquifer and nontributary ground water from the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. The Wailes Parcel is more particularly described in the attached Exhibit A. The Gettman Parcel is more particularly described in the attached Exhibit B. The Subject Property is shown on the map attached hereto as Exhibit C. 4. Proposed Wells: Applicant claims the right to drill and to complete such wells as may be needed or desired anywhere on the Subject Property to recover and to use all physically and legally available water from the aquifers under both parcels as claimed herein. 5. Source of Water: a) The ground water to be withdrawn under the Subject Property by Applicant from the Upper Arapahoe aquifer is not nontributary ground water as defined in Section (10.7), C.R.S. Such water is located more than one mile from any point of contact between any natural stream, including its alluvium, and the Upper Arapahoe aquifer. Applicant will comply with requirements to relinquish to the surface stream system four percent of all such not nontributary ground water withdrawn on an annual basis and to obtain judicial approval of a plan for augmentation prior to using such water. The ground water to be withdrawn from the Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Properties is nontributary ground water as that term is defined in Section (10.5), C.R.S. Applicant will comply with requirements to relinquish to the surface stream system two percent of all such nontributary ground water withdrawn on an annual basis. Otherwise, said water from all aquifers may be fully consumed to extinction for all beneficial uses. b) Estimated Depth: Wells will be completed to the bottom of each of the aquifers, which Applicant estimates to be approximately 190 feet below land surface in the Upper Arapahoe aquifer, 540 feet below land surface in the Lower Arapahoe aquifer, and 1,190 feet below surface in the Laramie Fox-Hills aquifer. The depths are approximate and are based on geologic and topographical information available from the Colorado State Engineer s office. Actual well completion depths may vary from this estimate based on the actual conditions below the overlying land. 6. Estimated Amount and Rate of Withdrawal: The wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The estimated average annual amounts of ground water available for withdrawal by the Applicant are based upon information contained in the Denver Basin Rules, 2 C.C.R Applicant estimates the following values and average annual amounts are representative of the subject aquifers at this location: a) Wailes Parcel: Annual Average Saturated Sand Specific Yield Withdrawal Aquifer Acres Thickness (ft.) (%) (acre feet) Upper Arapahoe Lower Arapahoe Laramie-Fox Hills