CASE NO. 2013CW30 CAMPBELL FAMILY ENTERPRISES, LLC,

Transcription

1 DISTRICT COURT, WATER DIVISION NO. 2, COLORADO RESUME OF CASES FILED AND/OR ORDERED PUBLISHED DURING NOVEMBER 2013 TO: ALL INTERESTED PARTIES Pursuant to C.R.S , you are hereby notified that the following is a resume of applications and certain amendments filed and/or ordered published during November 2013, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: CASE NO. 2013CW30 CAMPBELL FAMILY ENTERPRISES, LLC, 1071 Park CR 71, Guffey, CO 80820; (719) Application for Correction of an Established but Erroneously Described Point of Diversion Pursuant to (3.6), C.R.S. and Application for Absolute Underground Water Right PARK COUNTY Application for Correction of an Established but Erroneously Described Point Of Diversion Pursuant to (3.6) C.R.S. Decreed water right for which correction is sought: Name of structure: Campbell Well No. 2. Date of original and all relevant subsequent decrees: February Case No: W Court: Water Division 2. Legal description of structure as described in most recent decree that adjudicated the location: SW1/4 of the SW1/4 of Section 8. Township 14S, Range 71W of the 6th P.M. Provide a verbatim legal description from the most recent decree that adjudicated the location. SW1/4 of the SW1/4 of Section 8, Township 14S, Range 71W of the 6th P.M. Decreed source of water: Source of water was not decreed. The source of water is a developed spring. Appropriation Date: Total amount decreed to structure in cubic feet per second (cfs): Absolute c.f.s. Decreed use or uses: Livestock water and fire protection. Amount of water decreed: Absolute c.f.s. Detailed description of proposed correction to an established but erroneously described point of diversion: See attached statement. Affidavit of Robert D. Campbell is attached to the application and may be inspected at the Office of the Clerk of the Water Court. The affidavit states: My name is Robert D. Campbell. I was born in 1927 and have lived on what is known as the Campbell Ranch since 1933 when my parents Thomas and Laura purchased the property. In 1979, I purchased a portion of the property from my parents. Regarding Well # 2, Case Number W-1333, Well Permit Number 86029; It had always existed as a natural spring near the rocks up against the mountain, and was used as the source of water for the country school that I attended as a child. It was developed and registered December 31, 1959 and the legal description on the original decree was filed incorrectly as the NW ¼ of the NW ¼ of Section 17 Township 14S, Range 72W, 6th P.M. On April 16, 2012, a change of ownership and/or mailing address was filed with the Office of the State Engineer. In July of 2012, we had the Park County Surveyor, Jack Kirby, PO Box 178, Lake George CO 80827, get an updated/more precise legal description of all the 1

2 springs and wells on the property. According to his survey, the correct location of this spring is: NW ¼ NW 1/4 SECTION 17 / 15' SOUTH OF THE NORTH SECTION LINE 605' EAST OF THE WEST SECTION LINE. There is another spring nearby in the meadow that existed mostly as a bog until it was developed in June of 1969, but was not registered until July It is known as Well Permit Number , and according to Jack Kirby's survey, the location of this spring is: SW 1/4 SW 1/4 SECTION 8/100' NORTH OF THE SOUTH SECTION LINE 490' EAST OF THE WEST SECTION LINE. At this time, Campbell Family Enterprises, LLC would like to correct the location of Well Permit # and as decreed. Thank you. The legal description of the corrected point of diversion: Location information in UTM format; Units must be Meters; Datum must be NAD83; and Units must be set to true North. UTM coordinates: Northing Easting Zone 13. Source of UTMs: DWR AquaMap. Legal Description Using the Public Land Survey System (PLSS): Park County NW 1/4 of the NW 1/4 Section 17, Township 14 S, Range 71W, 6 th P.M., 15 feet from the North line and 605 Feet from the West line. Source of PLSS information: Field survey. 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: Campbell Family Enterprises, LLC, 1071 Park CR 71, Guffey CO Application for Absolute Underground Water Right. Name of Well: Rusty Water by the Willows; Well Permit Number: Legal description of well: Location information in UTM format: Northing Easting ; Zone 13. Source of UTMs: DWR AquaMap. Legal Description Using the Public Land Survey System (PLSS): Legal Description: Park County SW ¼ of the SW ¼ Section 8, Township 14 South, Range 71 West, 6 th P.M., 100 feet from the South line and 490 feet from the West line. Source of PLSS information: Field Survey. Source of water: Groundwater tributary to the Arkansas River. Depth of well, if completed: 6 feet. Date of appropriation: June 30, How appropriation was initiated: Well was dug. Date water applied to beneficial use: June 30, Does the well withdraw tributary groundwater: Yes. Amount claimed in gallons per minute (gpm):.22 gpm Absolute. Amount claimed in acre feet annually:.3551 acre feet. Use: Livestock water and fire protection. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new or existing 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 pool: Applicant. CASE NO. 2013CW31 CAMPBELL RANCH, LLC, 1071 Park CR 71, Guffey, CO 80820; (719) Application for Correction of an Established but Erroneously Described Point of Diversion Pursuant to (3.6), C.R.S. PARK COUNTY Decreed water right for which correction is sought: Name of structure: Campbell Spring No. 13 and CampbeIl Spring No. 15. Date of original and all relevant subsequent decrees: February 28, Case No: W-1332; Court: Water Division 2. Legal description of structure as described in most recent decree that 2

3 adjudicated the location: Campbell Spring #13: NE1/4 of the NE1/4 of Section 22, Township 14S, Range 72 West of the 6th P.M. Campbell Spring #15: NW1/4 of the SW1/4 of the SW1/4 of Section 15, Township 14S, Range 72W of the 6th P.M. Provide a verbatim legal description from the most recent decree that adjudicated the location. Campbell Spring #13: NE1/4 of the NE1/4 of Section 22, Township 14S, Range 72W of the 6th P.M. Campbell Spring #15: NW1/4 of the SW1/4 of the SW1/4 of Section 15, Township 14S, Range 72W of the 6th P.M. Decreed source of water: Natural springs. Appropriation Date: Campbell Spring #13: ; Campbell Spring #15: Total amount decreed to structure in cubic feet per second (cfs): Absolute c.f.s. for each spring. Decreed use or uses: Livestock and fire protection for each spring Amount of water decreed: Absolute c.f.s. for each spring. Detailed description of proposed correction to an established but erroneously described point of diversion: See attached statement. An affidavit of Robert Campbell is attached to the application and is available for inspection at the Office of the Clerk of the Water court. Said affidavit states: My name is Robert D. Campbell. I was born in 1927 and have lived on what is known as the Campbell Ranch since 1933 when my parents Thomas and Laura Campbell purchased the property. I built most of the springs on the ranch, in the 1940s, 50s and 60s. Regarding Spring #13, Case Number: W-1332, Well Permit Number , it is a natural spring forming a pond on Cobb Creek located in the SW 1/4 of the SE 1/4 of Section 15, Township 14S, Range 72W, 6th P.M. When it was originally registered December 31, 1957, the legal description was filed incorrectly as the NE 1/4 of the NE 1/4 of Section 22, Township 14S, Range 72W, 6th P.M. There is no spring at that location and never has been. At one point in time, there was a small erosion control dam in this area, but it has not existed for at least forty years. In 2007, Campbell Ranch, LLC. was established, and from Campbell Ranch, LLC entered into a Conservation Easement with Colorado Cattlemen's Agricultural Land Trust known as the Tom Campbell Ranch. Dave Hallock from Earthworks Conservation Planning, 2478 Eldorado Road, Nederland Colorado did a Baseline Report as part of the requirements for the easement. At that time, he got the UTM information for all the springs and wells on the Tom Campbell Ranch, and according to his data, the correct location of Campbell Spring #13 is the SW 1/4 of the SE 1/4 of Section 15, Township 14S, Range 72W, 6th P.M. His UTM information follows: TOPO! GPS Data Format UTM NAD83 ElevFeet UTC-Time Easting Northing 13N,462463, ,9093, 10/13/2011, 01:23:52,SPRING #13. Regarding Spring #15, Case Number W-1332, Well Permit Number , it is also a natural spring forming a pond on Cobb Creek. It is located in the SE ¼ of the SW ¼ of Section 15 Township, 14S, Range 72W, 6th P.M. It was originally registered December 31, 1958 with the legal description of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 15, Township 14S, Range 72W, 6th P.M. Spring #14, Well Permit Number 86027, is a developed spring nearby in the SW ¼ of the SW ¼ of Section 15, Township 14S, Range 72W, 6th P.M. The Easting and Northing has been confused in previous filings, so we would like to make sure they are correct as well. Dave Hallock's UTM information follows: 3

4 TOPO! GPS Data Format UTM NAD83 ElevFeet UTC-Time Easting Northing 13N,461975, ,9194, 10/13/2011, 01:23:52, SPRING#14 13N,462120, ,9147, 10/13/2011, 01:23:52, SPRING #15 At this time, Campbell Ranch, LLC. would like to correct the location of Springs #13 and #15. Thank you. The legal description of the corrected point of diversion: Location information in UTM format: UTM Zone must be 12 or 13; Units must be Meters; Datum must be NAD83; and Units must be set to true North. UTM Coordinates: Campbell Spring #13: Northing Easting ; Zone 13. Campbell Spring #15: Northing Easting ; Zone 13. Source of UTMs: Handheld Garmin GPSMAP 60Cx. Accuracy of location displayed on GPS device: 1-2 Meters. Legal Description Using the Public Land Survey System (PLSS): Campbell Spring #13: Park County, SW ¼ of the SE ¼ Section 15, Township 14 South, Range 72 West, 6 th P.M. Campbell Spring #15: Park County, SE ¼ of the SW ¼ Section 15, Township 14 South, Range 72 West, 6 th P.M. Source of PLSS information: DWR AquaMap. 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. CASE NO. 2013CW3049; Original Case No. 1990CW34 FERNANDO SALAZAR, P. O. Box 126, Gardner, CO (Linda McMillan, Buxman Kwitek & Ohlsen, P.C., Attorney for Applicant, 601 N. Main Street, Suite 200, Pueblo, CO 81003; (719) ) Name of structure: S&P Ditch Describe conditional water right, including the following information from previous decree: Date of Original Decree: October 10, 2007 Case No.: 1990CW34 Court: Division 2 Legal description: SW ¼ NE ¼ Section 28, Township 26 South, Range 70 West, 6'" P.M., Huerfano County, Colorado. being 2500 feet west of the east line and 1870 feet south of the north line of Section 28 Source of water: Huerfano River. Appropriation Date: July 30, 1990; Amount: 2.0 cfs. Use: irrigation. 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: The ditch is clear and a headgate installed. However, because of the drought there has been little or no water running there has been no water to divert. See photos attached to the application. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) CASE NO. 2013CW3050 PEOPLE OF COLORADO v. ZACHER. This case is a complaint and is being listed in the resume to account for the case number in consecutive order. 4

5 CASE NO. 2013CW3051 EMERALD VALLEY RANCH, LLC, c/o Stephen Bartolin, Jr., One Lake Avenue, Colorado Springs, CO (Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302; (303) Application for Approval of a Plan for Augmentation, as amended EL PASO COUNTY, COLORADO 2. Overview: Applicant operates the Emerald Valley Ranch (the "Ranch") located on the south side of Pikes Peak in El Paso County, Colorado, near the headwaters of Little Fountain Creek. The Ranch is located on Forest Service property and operated by Applicant pursuant to a special use permit. The Ranch includes two main ponds formed by dams constructed across the channel of Little Fountain Creek, a small pond located off channel between the two main ponds, and a spring and small holding pond that feeds the drinking water system. Water uses at the Ranch currently consist of the provision of potable water to a lodge with a commercial kitchen, ten cabins without kitchen facilities, landscape irrigation, and filling and replacement of evaporative losses from the above ponds. Applicant intends to expand the number of cabins and guests that can be served. To provide water to the ponds and augment out of priority depletions, Applicant has secured the rights to the release of up to 15 acre feet per year of fully consumable water from the City of Colorado Springs' Rosemont Pipeline where it crosses Little Fountain Creek upstream of the Ranch. Several of the ponds described in this application were destroyed during the heavy rainfall event in the area that occurred in September The description of the ponds in this application are based on the size of the ponds prior to such event. Applicant currently intends to reconstruct such ponds at the same locations. The final as-built surface areas and capacities of the rebuilt ponds will be used in the ruling and decree this case, and the tables attached to this application updated accordingly, without amendment or republication since the locations will remain the same and no water rights for the ponds are sought herein. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) 3. Description of Water Right and Structures to be Augmented: Applicant seeks to store water in or augment out of priority depletions from the following water rights and structures (the location of the structures is depicted on the map attached to the Application as Exhibit A): a. Emerald Valley Reservoir. The Emerald Valley Reservoir was decreed a water storage right for 2.8 acre feet absolute, for recreation and fisheries, with an appropriation date of December 31, 1955, by decree of the District Court in and for Water Division No. 2, State of Colorado (the "Water Court") in Case No. 81CW28 entered on October 28, The Reservoir is on the channel of Little Fountain Creek with a decreed location in the SW1/4SE1/4 of Section 29, T15S, R67W of the 6th P.M. 2,250 feet from the East section line and 450 feet from the South section line. 1 The latitude of the midpoint of the dam is and the longitude is The UTM coordinates are Easting and 1 Section 29 is not an officially surveyed section and distances from section lines and quarter-quarter locations are therefore only approximate based on a protraction diagram method done by the BLM in the 1960's. Accordingly, the points of diversion of the structures described herein are most accurately given by latitude and longitude and GPS coordinates. Latitude and longitude are based on the NAD 83 projection and the UTM coordinates are based on the NAD 83 projection - UTM zone 13. 5

6 Northing It had a surface area of 1.81 acres and an estimated capacity of 8.15 acre feet. b. Emerald Valley Upper Reservoir. The Emerald Valley Upper Reservoir is undecreed. It had a capacity of approximately 3.12 acre feet and a surface area of 0.89 acres. It is located on Little Fountain Creek in the SW1/4SE1/4 of Section 29, T15S, R67W of the 6th P.M. 3,040 feet from the East section line and 1,120 feet from the South section line. The latitude of the midpoint of the dam is and the longitude is The UTM coordinates are Easting and Northing c. Emerald Valley Middle Pond. The Emerald Valley Middle Pond is undecreed. The Pond is located in the SW1/4SE1/4 of Section 29, T15S, R67W of the 6th P.M. at a point 2,960 feet from the East section line and 1,040 from the south Section line of said Section 29, and is provided water by a pipeline from Emerald Valley Upper Reservoir. The latitude of the midpoint of the dam is and the longitude is The UTM coordinates are Easting and Northing The Pond had a capacity of approximately 0.05 acre feet and a surface area of 0.03 acres. d. Emerald Valley Ranch Spring Pipeline. The Emerald Valley Ranch Spring Pipeline was decreed a direct flow water right for cfs (24.24 gpm) absolute, for domestic purposes, with an appropriation date of December 31, 1929, by decree of the Water Court in Case No. 81CW36 entered on March 17, The decreed location of the Emerald Valley Ranch Spring Pipeline is in the SW1/4SE1/4 of Section 29, T15S, R67W of the 6th P.M. with a bearing of North 80 degrees East, 8500 feet from the SE corner of Section 25, T15S, R68W of the 6th P.M. The latitude of the spring is and the longitude is The UTM coordinates are Easting and Northing e. Emerald Valley Spring Pond. The Emerald Valley Spring Pond is undecreed. It has a capacity of approximately 0.24 acre feet and a surface area of 0.06 acres. It is located in the SW1/4SE1/4 of Section 29, T15S, R67W of the 6th P.M. at a point 1,940 feet from the East Section line and 2,280 from the South section line of said Section 29. The latitude of the midpoint of the dam is and the longitude is The UTM coordinates are Easting and Northing Water rights to be Used as the Source of Augmentation Water. Pursuant to an Augmentation Water Lease Between Colorado Spring Utilities ("CSU") and Emerald Valley Ranch LLC dated July 15, 2013 (the " Water Lease"), Applicant has the right to the annual delivery of up to 15 acre feet of fully consumable water from the Rosemont Pipeline (the "Aug Water"), in accordance with the terms of the Water Lease. The Rosemont Pipeline crosses Little Fountain Creek approximately 1.5 miles upstream of the Ranch. The Aug Water will be released from the Pipeline into Little Fountain Creek at a point in the SW1/4 of Section 20, T15S, R67W of the 6th P.M. at point 2,950 feet east of the west section line and 2,150 feet north of the south section line of said Section 20. The Aug Water is fully consumable water exchanged into Rosemont Reservoir by CSU pursuant to the decrees of the Water Court in Case No. 84CW203 dated June 16, 1987, Case No. 86CW118(a) dated March 15, 1997, and Consolidated Case Nos. 84CW202, 84CW203, 86CW118(b) and 89CW36 dated January 8, 1998, not including water imported from the Blue River or any other type of water that could be replaced in CSU's system by Blue River water. 5. Description of the Plan for Augmentation: By this application, Applicant seeks to augment depletions associated with operation of the Ranch as follows: a. Measurement of Aug Water. Applicant will measure the amount of water released to Little Fountain Creek by the 6

7 Rosemont Pipeline pursuant to the Water Lease. The amount of water so released, minus a transit loss as may be assessed by the Water Commissioner from time to time, will be considered the "Available Credits." b. Pond Evaporation. Attached to the Application as Exhibit B is a table of the net evaporative losses per surface acre per month for the area based on the State Engineer's Guidelines. The table also sets forth the resulting evaporative losses per month based on the historic surface area of the subject reservoirs and ponds described in Section 3(a), (b), (c) and (d) above (the "Ponds"). The table will be updated in the final ruling and decree to reflect the rebuilt surface areas of the Ponds. The evaporative losses from the Ponds will be deducted each month from the Available Credits for that month (the "Evaporative Losses"). Evaporative Losses will not occur during months the Ponds are covered with ice. c. Potable Water. The amount of water diverted by the Emerald Valley Ranch Spring Pipeline to provide potable water to the Ranch will be separately metered. Ten percent of the amount so pumped in any month will be deemed consumed, with 90% returning to the stream system by virtue of the Ranch's non-evaporative septic system/leach field system. The amount deemed consumed will be deducted from the Available Credits (the "Potable Losses"). d. Irrigation Use. Landscaping on portions of the Ranch may be irrigated using water pumped from the Ponds. The amount of water pumped will be separately metered. 90% of the amount of irrigation water so pumped in any month will be deemed consumed and deducted from the Available Credits (the "Irrigation Losses"). e. Pond Filling. Any Available Credits, after deducting Evaporative Losses, Potable Losses and Irrigation Losses may be stored in the Ponds ("Pond Filling"). Pond Filling will include any out of priority refilling of any Ponds that are reconstructed. If the Available Credits are insufficient water for such purpose, Applicant will seek a one-time increase in the amount of water available under the Water Lease to allow such refilling. Any Available Credits stored in the Ponds will be deemed to be fully consumable and available for augmentation use pursuant to this plan for augmentation and added to the Available Credits. f. Other Uses. Applicant may make other out of priority uses of water at the Ranch, in addition to those described above, provided that the Available Credits in any month are available after deducting the Evaporative Losses, Potable Losses, Irrigation Losses and any Pond Filling. Before making any such other uses, Applicant shall notify the Division Engineer of the nature and extent of such other uses and the Division Engineer shall determine the consumptive uses involved (the "Other Losses") and what, if any, additional measuring devices or accounting will be required to allow such other uses. g. Projected Mix of Uses. The projected water uses and depletions associated with the Ranch are attached to the Application as Exhibit C, but the mix of such uses may be changed from time to time provided that the total of the Evaporative Losses, Potable Losses, Irrigation Losses, Pond Filling and Other Losses in any month shall not exceed that month's Available Credits. 6. Measurement Devices. Applicant will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation water provided equals or exceeds the amount of out-of-priority depletions resulting from the use of water under the above proposed plan for augmentation. 7. Names and addresses of owners of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The land involved is owned by the United States Forest Service whose 7

8 address is c/o James J. Dubois, Esq., Environmental and Natural Division, United States Department of Justice, 1646 Anchor Place, Lafayette, CO WHEREFORE, Applicant requests that this Court enter a decree that: 1. Approves the plan for augmentation described in paragraph 5; and 2. Finds that as a result of the plan for augmentation, there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. CASE NO. 2013CW UNITED STATES OF AMERICA, Department of the Interior, Bureau of Land Management, Royal Gorge Field Office, 3028 E. Main St., Canon City, CO (Attorney for Applicant: Kristen C. Guerriero and Arthur R. Kleven, Office of the Regional Solicitor; 755 Parfet Street, Suite 151, Lakewood, Colorado 80215; (303) , x552) Application for Surface Water Right TELLER COUNTY Name of structure: Grouse Mountain Spring. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD83 (Conus) Datum. Located on public lands in the NW/4 NE/4 (Lot 63), Section 1 (irregular section), T16S R70W, Sixth P.M., approximately 150 feet from the north section line and 1850 feet from the east section line mE mN Source: Unnamed tributary to Wilson Creek/Fourmile Creek/Arkansas River. Date of appropriation: September 30, 2013 How appropriation was initiated: The BLM inventoried the quantity of water available for livestock and wildlife use. Subsequently, the BLM filed this water court application and provided public notice of the proposed appropriation. Date water applied to beneficial use: Not applicable. Amount claimed: cfs, conditional Use: Livestock and wildlife. The spring development will provide water for bighorn sheep, mountain lion, deer, elk, bear, grouse, raptors, and small mammals. The spring development will also provide water for up to 70 cattle in the Grouse Mountain Grazing Allotment. Names and addresses of owners of land on which points of diversion, places of use, and structures referenced in this application are located: The spring is located on lands owned and managed by United States of America Department of Interior, Bureau of Land Management, Royal Gorge Field Office, 3028 E. Main St., Canon City, CO The point of use is located on lands owned by James Richard Chapman Jr., P.O. Box 944, Cripple Creek, CO Remarks: The proposed development qualifies as a spring pursuant to Section (14) (b) because the proposed development is less than 10 feet in depth and no groundwater will be exposed by the development. Four-inch perforated PVC pipe will be installed in the spring to collect water. Water will be directed to a collection area constructed of 10 diameter PVC pipe. Poly pipe 1.25 inches in diameter will be used to convey collected water to a livestock watering tank on private lands. Overflow from the livestock watering tank will be routed back into the groundwater system. 8

9 CASE NO. 2013CW NICHOLAS S. HARDMAN AND SARAH J. HARDMAN, 2020 West Baptist Road, Monument, CO (Henry D. Worley, Worley Law Firm, LLC, Attorney for Applicants, 611 North Weber Street, Ste. 104, Colorado Springs, CO 80903; (719) ) Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation EL PASO COUNTY I. APPLICATION FOR ADJUDICATION OF DENVER BASIN WATER RIGHTS. 1. The Applicants are owners as joint tenants of the Property described in paragraph 2, on Figure 1, and in Exhibit A to the Application. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) 2. Background. A. Parcel description information. The Applicants Property consists of 5.47 acres of land located in the SE1/4 NE1/4 Section 27, T. 11 S., R. 67 W., 6 th P.M. (the Property ). A map is attached to the Application as Figure 1; the legal description of the Property is attached to the Application as Exhibit A. B. Parcel ownership. The claim of Applicants to the water underlying the Property is based on their ownership of the Property. C. The Applicants seek to adjudicate all of the water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Property, but none of the water in the Dawson aquifer. D. One entity is the beneficiary of a deed of trust encumbering the Property. Applicants have sent a letter to the lienor by certified mail, return receipt requested, informing it of the application. A copy of the letter is attached to the Application as Exhibit B E. There is one well on the Property. It is not permitted. This well is believed to be a well which was initially approved as permit no , the permit for which expired on March 3, That permit was for a well to be completed into the Dawson aquifer. If Applicants determine that the well on the Property was completed into the Dawson aquifer, they will cause it to be plugged and abandoned within 90 days of the El Paso County Board of County Commissioner s approval of the subdivision of the Property. If it is determined that the well on the Property is a Denver aquifer well, Applicants will seek to have it permitted pursuant to the plan for augmentation sought herein. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 3. Name of structures to be augmented: One well in the Denver aquifer, and any replacements thereof. As previously noted, if after further investigation it is determined that the existing well on the Property is a Denver aquifer well, that well will be augmented pursuant to this plan for augmentation; if that well is a Dawson aquifer well, Applicant will apply for a well permit for a Denver aquifer well to be constructed on the Property. 4. Previous decrees for water rights to be used for augmentation: None. 5. Historic use: Not applicable. 6. Statement of plan for augmentation: Applicants seek approval of a plan for augmentation which will allow multiple uses from one Denver aquifer well on the Property, including without limitation indoor residential uses, commercial uses (drinking and sanitary purposes only), a detached home office or guest house, livestock water, landscape and garden irrigation, hot tub and/or swimming pool, and augmentation. Consistent with estimates used by the State Engineer, indoor use for the primary house is expected to average 0.33 acre foot annually. Treatment of waste water from indoor uses will be by nonevaporative individual septic tank and leach field system ( ISDS ). Consumption of water so treated 9

10 is generally agreed to not exceed 10 percent of uses, with 90 percent, or acre foot annually, accruing to Monument Creek. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose either a plan for augmentation which allows Denver aquifer pumping of approximately acre feet annually for 200 years, or which allows pumping of approximately 0.9 acre foot annually for 300 years. In either event, Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace post-pumping depletions with the nontributary Arapahoe aquifer water decreed herein, a sufficient portion of which will be reserved for the purpose of replacing post-pumping depletions. The amounts of allowable pumping requested herein may be modified to conform to the results of computer modeling done by the State Engineer. CASE NO. 2013CW STEVEN R. VALIMAKI AND NANCY M. VALIMAKI, 3965 Timber Lane, Colorado Springs, CO (Henry D. Worley, Worley Law Firm, LLC, Attorney for Applicants, 611 North Weber Street, Ste. 104, Colorado Springs, CO 80903; (719) ) Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation EL PASO COUNTY I. APPLICATION FOR ADJUDICATION OF DENVER BASIN WATER RIGHTS. 1. The Applicants are owners as joint tenants of the Property described in paragraph Background. A. Parcel description information. The Applicants own property consisting of 4.97 acres of land located in the NW1/4 SW1/4 Section 14, T. 12 S., R. 66 W., 6 th P.M. The legal description of the property is Lot 13, Timber Lake Estates. A map is attached to the Application as Figure 1. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) Applicants also request that the decree adjudicate to the Applicants the right to the water in each aquifer underlying that portion of Timber Lane which is adjacent to the Property, to the center of Timber Lane. The amount of area in the adjacent portion of Timber Lane equals acre. Collectively, Lot 13 and the adjacent portion of Timber Lane are referred to as the Property, and their combined surface area equals acres. B. Parcel ownership. The claim of Applicants to the water underlying the Property is based on their ownership of the Property. Applicants claim that the interest of El Paso County in the adjacent Timber Lane right-of-way is an easement, and that Applicants own the right to appropriate the water thereunder. C. The Applicants seek to adjudicate all of the water in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. D. There is one lien against the property, for the benefit of OCWEN. Applicants have sent a letter (Exhibit A to the Application) to that lienor with a copy of the application, by certified mail, return receipt requested. Applicants have also sent a certified letter, return receipt requested (Exhibit B to the Application), to the El Paso County Board of County Commissioners, due to Applicants claim to the water underlying Timber Lane where it is adjacent to the Property, to the center of the road. E. There is one well on the Property, permit no After entry of a decree herein, Applicants will seek to have it re-permitted pursuant to the plan for 10

11 augmentation sought herein. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 3. Name of structures to be augmented: Well permit in the Denver aquifer. 4. Previous decrees for water rights to be used for augmentation: None. 5. Historic use: Not applicable. 6. Statement of plan for augmentation: Applicants seek approval of a plan for augmentation which will allow pumping from the existing Denver aquifer well and any replacement well of approximately acre feet annually for 200 years. The water will be used for multiple purposes on the Property, including without limitation indoor residential uses, commercial uses (drinking and sanitary purposes only), a detached home office or guest house, livestock water, irrigation, hot tub and/or swimming pool, and augmentation. Consistent with estimates used by the State Engineer, indoor use for the primary house is expected to average 0.33 acre foot annually. Treatment of waste water from indoor uses will be by nonevaporative individual septic tank and leach field system ( ISDS ). Consumption of water so treated is generally agreed to not exceed 10 percent of uses, with 90 percent, or acre foot annually, accruing to Monument Creek. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace post-pumping depletions with the nontributary Laramie-Fox Hills aquifer water decreed herein, all of which will be reserved for the purpose of replacing post-pumping depletions. The amounts of allowable pumping may be modified somewhat to conform to the results of computer modeling done by the State Engineer. CASE NO. 2013CW3055 (Original Case Nos. 84CW183, W-4542) - CUCHARAS SANITATION AND WATER DISTRICT, C/O: ROBERT NORTHUP, STATE HIGHWAY 12, CUCHARA, CO (Stuart B. Corbridge, Vranesh and Raisch LLP, Attorney for Applicant, th Street, Suite 200, Boulder, CO 80302, ) Application for Findings of Reasonable Diligence HUERFANO AND LAS ANIMAS COUNTIES 2. Name of Structures: A. Cucharas Pass Collection, Conveyance and Storage System (a.k.a. White Creek Reservoir). B. Britton Reservoir No Description of Conditional Water Rights: White Creek Reservoir A. Prior Decrees: i. Original Decree: a. Date of Entry: March 13, b. Case No.: W c. Court: District Court, Water Division No. 2, State of Colorado. ii. Diligence Decrees: The conditional water rights for White Creek Reservoir were continued in full force and effect by diligence decrees entered in Case Nos. 83CW27, 87CW16, 93CW44, 99CW174, and 07CW9. B. Legal Description: The points of diversion for White Creek Reservoir are located within a collection, conveyance, and storage system that includes White Creek and certain tributaries of Huajatoyah Creek, as follows: Diversion Point Legal Description A NE1/4 SW1/4 of Section 35 B NE1/4 NW1/4 of Section 35 11

12 C NE1/4 SW1/4 of Section 26 D SW1/4 SE1/4 of Section 24 All in Township 31 South, Range 69 West, 6th P.M., in Huerfano and Las Animas Counties. C. Sources: Aspen Creek, Beaver Creek, Ogden Creek, and an unnamed stream (all tributaries of Huajatoyah Creek, which is a tributary of the Purgatoire River in Las Animas County), and White Creek (a tributary of the Cucharas River in Huerfano County). D. Appropriation Date: January 22, E. Amounts: i. West Side Canal: 75 cfs, conditional (Aspen Creek: 30 cfs, Beaver Creek: 25 cfs, and Ogden Creek: 20 cfs). ii. East Side Collection Canal: 30 cfs, conditional. iii. Cucharas Pass Reservoir: 7,000 acre-feet, conditional. F. Uses: Municipal, industrial, irrigation, recreation, and piscatorial. Britton Reservoir No. 1 A. Prior Decrees: i. Original Decree: a. Date of Entry: July 23, b. Case No.: 84CW183. c. Court: District Court, Water Division No. 2, State of Colorado. ii. Diligence Decrees: The conditional water rights for Britton Reservoir No. 1 were continued in full force and effect by the diligence decrees entered in Case Nos. 93CW44, 99CW174, and 07CW9. B. Legal Description: SW1/4 NE1/4 of Section 22, Township 31 South, Range 69 West, 6th P.M., Huerfano County, approximately 1,608 feet west and 2,730 feet south of the northeast corner of Section 22. C. Source: South Fork of the Cucharas River. D. Appropriation Date: August 15, E. Amount: 40 acre-feet, conditional. F. Uses: Domestic, municipal, irrigation, recreation (including snowmaking), augmentation, exchange, industrial, commercial, and piscatorial. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The Cucharas Sanitation and Water District ( Cucharas or District ) provides water delivery and water treatment services to an area in the general vicinity of Cuchara, Colorado, which area is adjacent to the Cucharas River and several of its tributaries. Both the White Creek Reservoir and Britton Reservoir No. 1 water rights are components in Cucharas' integrated water supply system. As such, the District s work on one component of the system can be considered with respect to all components of the system. Other conditional water rights owned by Cucharas that are also components of its integrated system include the Deadman Creek Feeder, the South Fork Feeder, Britton Reservoir No. 2, and Britton Reservoir No. 3. These rights were originally decreed on June 19, 1987, in Case No. 85CW136. During the subject diligence period, Cucharas made diversions under its various water rights when the rights were in priority, and has otherwise managed its water supply system so as to best utilize its water rights, both absolute and conditional, to supply its customer base. Such activities during the diligence period included the diversion of water into the Britton Reservoirs pursuant to the District s Ballejos Ditch exchange decreed in Case No. 82CW215. The following activities and expenditures during the subject diligence period are relevant to Cucharas integrated water supply system and the development of the White Creek Reservoir and Britton Reservoir No. 1 conditional water rights: A. During the subject diligence period, Cucharas continued to develop its integrated water supply system, working to complete its appropriations and place the conditional water rights to beneficial use. Work during the subject diligence period included maintenance work related to Britton Reservoir Nos. 1, 2, and 3 and the filling structures for these reservoirs, including the installation of 12 inch pipe from the Deadman Creek Feeder 12

13 headgate and the South Fork Feeder headgate to the location of the reservoirs, and extensive renovation work on Britton Reservoir No. 1. This renovation work included the removal of silt and other debris from the reservoir, reshaping of the structure, and installation of a new clay liner. Cucharas also installed a new water level control structure for Britton Reservoir No. 1. B. The cost for the work described above totaled approximately $35,760.00, including approximately $20, for the pipeline construction project, and $15, for the renovation work on Britton Reservoir No. 1. C. Cucharas staff also worked on other items necessary for the development of the conditional water rights during the subject diligence period. This work included, but was not limited to, research and other endeavors related to the development of the White Creek Reservoir project. Cucharas also continued to monitor its overall water supply system to evaluate the best process and timelines for developing its water resources to meet current and future committed demands. D. Cucharas also incurred legal and engineering fees either working on components of its integrated water supply system or opposing other water rights applications which could have an adverse effect on its conditional water rights and integrated water supply system. Engineering costs related to this work during the subject diligence period were approximately $28, Legal costs were approximately $145, The White Creek Reservoir and Britton Reservoir No. 1 conditional water rights are junior water rights. Because of recent severe drought conditions, opportunities to divert water for beneficial use during the subject diligence period have been extremely limited. Cucharas is a relatively small sanitation and water district, with limited financial resources. As such, the development of its integrated water supply system can only advance in stages. This development is tied to the best use of its water resources, based on current water demands and future water service commitments. Most of the structures necessary to divert the District s conditional water rights are fully constructed. Cucharas will divert water and use it for the decreed beneficial purposes in the future when the water rights are in priority, and maintains its intent to complete the structures and appropriations. 5. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Cucharas Sanitation and Water District, c/o: Robert Northup, State Highway 12, Cuchara, CO ; Robert Beck, 555 Community Rd, Cuchara, CO 81055, and Farmington Rd., VanAlstyne, TX 75495; United States Department of Agriculture, Forest Service, Rocky Mountain Region, c/o: Current Water Rights Coordinator, Current Regional Hydrologist, 740 Simms St., Golden, CO 80401; San Carlos Ranger District, c/o: District Ranger, 3028 E. Main St., Canon City, CO 81212; Jacque and Otto Goemmer, P.O. Box 212, La Veta, CO 81055; Kennedy Properties, LLC, P.O. Box 259, Mer Rouge, LA 71261; WHEREFORE, Cucharas requests that the court enter a decree finding that Cucharas has exercised reasonable diligence in completing the appropriations and placing the conditional water rights described herein to beneficial use, and ruling that the conditional water rights remain in full force and effect. 13

14 CASE NO. 2013CW3056 (Original Case No. 85CW136) - CUCHARAS SANITATION AND WATER DISTRICT, C/O: ROBERT NORTHUP, STATE HIGHWAY 12, CUCHARA, CO (Stuart B. Corbridge, Vranesh and Raisch, LLP, Attorneys for Applicant, th Street, Suite 200, Boulder, CO 80302, ) Application for Findings of Reasonable Diligence HUERFANO COUNTY 2. Name of Structures: A. Deadman Creek Feeder. B. South Fork Feeder. C. Britton Reservoir No. 2. D. Britton Reservoir No Description of Conditional Water Rights: A. Prior Decrees: i. Original Decree: a. Date of Entry: June 19, b. Case No.: 85CW136. c. Court: District Court, Water Division No. 2, State of Colorado. ii. Diligence Decrees: The conditional water rights for Deadman Creek Feeder, South Fork Feeder, Britton Reservoir No. 2, and Britton Reservoir No. 3 were continued in full force and effect by the diligence decrees entered in Case Nos. 93CW37, 00CW01, and 07CW10. B. Legal Description: i. Deadman Creek Feeder: NW1/4 SE1/4 of Section 22, Township 31 South, Range 69 West, 6th P.M., Huerfano County, approximately 2,200 feet from the east section line and 2,500 feet from the south section line of Section 22. ii. South Fork Feeder: SW1/4 NE1/4 of Section 22, Township 31 South, Range 69 West, 6th P.M., Huerfano County, approximately 1,700 feet west of the east 1/4 corner of Section 22. iii. Britton Reservoir No. 2: SW1/4 NE1/4 of Section 22, Township 31 South, Range 69 West, 6th P.M., Huerfano County, approximately 175 feet north and 1,979 feet west from the east 1/4 corner of Section 22. iv. Britton Reservoir No. 3: SW1/4 NE1/4 of Section 22, Township 31 South, Range 69 West, 6th P.M., Huerfano County, approximately 300 feet north and 1,999 feet west from the east 1/4 corner of Section 22. C. Sources: i. Deadman Creek Feeder: Deadman Creek. ii. South Fork Feeder: South Fork of the Cucharas River. iii. Britton Reservoir No. 2: Deadman Creek Feeder and South Fork Feeder, Cucharas River. iv. Britton Reservoir No. 3: Deadman Creek Feeder and South Fork Feeder, Cucharas River. D. Appropriation Dates: For all four structures - July 15, E. Amounts: i. Deadman Creek Feeder: 1.5 cfs, conditional. ii. South Fork Feeder: 5.0 cfs, conditional. iii. Britton Reservoir No. 2: 3.0 acre feet, conditional. iv. Britton Reservoir No. 3: 6.0 acre feet, conditional. F. Uses: For all four structures - Irrigation, domestic, industrial, piscatorial, and all other beneficial uses served by Cucharas' water system. Britton Reservoir Nos. 2 and 3 may also be used for augmentation purposes. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The Cucharas Sanitation and Water District ( Cucharas or District ) provides water delivery and water treatment services to an area in the general vicinity of Cuchara, Colorado, which area is adjacent to the Cucharas River and several of its tributaries. Britton Reservoir Nos. 2 and 3 and the Deadman Creek Feeder and South Fork Feeder are components in Cucharas' integrated water supply system. As such, the District s work on one component of the system can be considered with respect to all components of the system. Other conditional water rights owned by Cucharas that are also components of its integrated system include White Creek Reservoir and Britton Reservoir No. 1. White Creek Reservoir was originally decreed on March 13, 1979, in Case No. W Britton 14

15 Reservoir No. 1 was originally decreed on July 23, 1987, in Case No. 84CW183. During the subject diligence period, Cucharas made diversions under its various water rights when the rights were in priority, and has otherwise managed its water supply system so as to best utilize its water rights, both absolute and conditional, to supply its customer base. Such activities during the diligence period included the diversion of water into the Britton Reservoirs pursuant to the District s Ballejos Ditch exchange decreed in Case No. 82CW215. The following activities and expenditures during the subject diligence period are relevant to Cucharas integrated water supply system and the development of the Britton Reservoir No. 2, Britton Reservoir No. 3, Deadman Creek Feeder, and South Fork Feeder conditional water rights: A. During the subject diligence period, Cucharas continued to develop its integrated water supply system, working to complete its appropriations and place the conditional water rights to beneficial use. Work during the subject diligence period included maintenance work related to Britton Reservoir Nos. 1, 2, and 3 and the filling structures for these reservoirs, including the installation of 12 inch pipe from the Deadman Creek Feeder headgate and the South Fork Feeder headgate to the location of the reservoirs, and extensive renovation work on Britton Reservoir No. 1. This renovation work included the removal of silt and other debris from the reservoir, reshaping of the structure, and installation of a new clay liner. Cucharas also installed a new water level control structure for Britton Reservoir No. 1. B. The cost for the work described above totaled approximately $35,760.00, including approximately $20, for the pipeline construction project, and $15, for the renovation work on Britton Reservoir No. 1. C. Cucharas staff also worked on other items necessary for the development of the conditional water rights during the subject diligence period. This work included, but was not limited to, research and other endeavors related to the development of the White Creek Reservoir project. Cucharas also continued to monitor its overall water supply system to evaluate the best process and timelines for developing its water resources to meet current and future committed demands. D. Cucharas also incurred legal and engineering fees either working on components of its integrated water supply system or opposing other water rights applications which could have an adverse effect on its conditional water rights and integrated water supply system. Engineering costs related to this work during the subject diligence period were approximately $28, Legal costs were approximately $145, The Britton Reservoir No. 2, Britton Reservoir No. 3, Deadman Creek Feeder, and South Fork Feeder conditional water rights are junior water rights. Because of recent severe drought conditions, opportunities to divert water for beneficial use during the subject diligence period have been extremely limited. Cucharas is a relatively small sanitation and water district, with limited financial resources. As such, the development of its integrated water supply system can only advance in stages. This development is tied to the best use of its water resources, based on current water demands and future water service commitments. Most of the structures necessary to divert the District s conditional water rights are fully constructed. Cucharas will divert water and use it for the decreed beneficial purposes in the future when the water rights are in priority, and maintains its intent to complete the structures and appropriations. 5. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be 15