DISTRICT COURT, WATER DIVISION 1, COLORADO

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1 DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S , you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of SEPTEMBER 2017 for each County affected. 17CW40 ROBERT AND CHRISTINE MUSSER, 1372 Royal Troon Dr., Castle Rock, CO APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT FOR AN EXEMPT WELL PURSUANT TO (4), C.R.S. IN DOUGLAS COUNTY. Applicant seeks to adjudicate exempt well, permit , located NW1/4, NE1/4, S5, T9S, R68W of the 6 th PM at a distance 165 ft. from N and 2475 ft. from E. Rock Estates Subdivision; Lot 4B. Street address: 3975 Majestic Mountain Lane, Sedalia. Amount: 6 gpm, Conditional. Source: Groundwater-Granite Formation next to Pikes National Forest. Depth: 590 ft. Use: Household use only for 1 single family dwelling. 17CW41 BRIAN K. MULLINS, 504 W. 64 th St., Inglewood, CA APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: in case 96CW852, WD1; Subsequent decree: in case 11CW37, WD1. Mullins Well, permit , located NW1/4, NW1/4, S20, T10S, R75W of the 6 th PM at a distance 570 ft. from N and 810 ft. from W. 548 Santa Maria Drive, Como, CO. Santa Maria Ranch subdivision, Lot 22. Source: Groundwater. Appropriation date: Amount: 15 gpm, Conditional. Use: Household use only in a single family dwelling not including irrigation. 17CW42 CECIL AND SHERI COLWELL, CR 13, Elizabeth, CO APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit , and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 35 acre tract of land lying in the NE1/4, SE1/4, S24, T7S, R65W of the 6 th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW3132 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 3209 West 28 th Street, Greeley, Colorado c/o Lawrence Jones Custer Grasmick, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, (970) APPLICATION TO ADD A WELL TO THE WAS AUGMENTATION PLAN IN WELD COUNTY. 2. Augmentation Plan Addition of the Decree in Case No. 03CW99 allows the addition of Member Wells to the Plan subject to notice and terms and conditions. 3. Structure to be Added and Augmented Decreed Name of Structure to be Added and Augmented. Well No (WDID ) (Well) Name and Address of Well Owners. Bella Farms LLC, Gary Hendrickson, WCR 32, Platteville, Colorado Decree W A decree was entered in Water Court, Water Division No. 1, Case No. W-1040 on October 31, 1972 adjudicating Well No at a point 2615 feet south and 2479 feet east of the Northwest corner of Section 7, Township 3 North, Range 66 West of the 6th P.M, Weld County, Colorado in the amount of 1.78 c.f.s with an appropriation date of May 31, 1948 for irrigation and domestic purposes on land in Section 7, Township 3 North, Range 66 West and Section 32, Township 4 North, Range 66 West of the 6th P.M, Weld County, Colorado. Exhibit Decree 11CW106. The Well was deleted from the WAS augmentation plan, Case No. 03CW99, by the Decree in Case No. 11CW106 entered January 17, 2013 and the purpose of this application is to add the Well back into the WAS plan WAS Contract Contract 1157 was approved January 17, 2017 allocating 1 acre-feet for the irrigation of 277 acres in part of the NW1/4 and part of the SW1/4, Section 7, Township 3 North, Range 66 West. Exhibit Proposed Terms and Conditions The terms and conditions for the Well will be the same as for the other Covered Wells in the 03CW99 Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The 1

2 method for determining future well depletions will be those set out in the Decree at The Well will be subject to all the terms and conditions for operation as for other Covered Wells in the 03CW99 Decree Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters. Harmonic Mean Transmissivity (gallons/day/foot) T = 140,500. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 12,385 feet. Distance of Well from River X = 9,140 feet. See WSWE Report, Exhibit Pre-2003 Depletions. When the Well was removed from the 03CW99 Decree by the Decree in 11CW106 that Decree did not require replacement of future depletions caused by pre-2003 pumping. Since Well No is to added back into the 03CW99 Decree it is necessary to now replace any remaining net depletions from pre-2003 pumping. The WSWE Report shows the calculation of those future depletions which are shown in Table 1. Table 1 (Net Depletions in acre-feet) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total In addition WAS will continue to replace net depletions as required by the Decree in Case No. 11CW106 which remaining net depletions are shown in Table 2. Table 2 (Net Depletions in acre-feet) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 4.5.Out of priority depletions from pumping of the Well will occur in Reach F-3 and will be augmented by WAS. 5. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches of the Decree states: In the event of the addition or deletion of a well under this plan pursuant to and , the Court shall approve and order such adjustments to the percentages set forth in , , and as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury. The addition of the well in this application requires no adjustment to the percentages used to distribute stream depletions as described in the WSWE Report

3 17CW3133 VERIFIED COMPLAINT FOR QUIET TITLE AND DELCARATORY JUDGMENT. Plaintiff: DW EWING FARMS, LLC, a Colorado limited liability company, th Avenue, Greeley, CO, V. Defendants: PLATTEVILLE IRRIGATING AND MILLING COMPANY, a Colorado mutual ditch organization and all unknown persons who claim any interest in the subject matter of this action, WCR 28, Platteville, CO CW3134 RUGLOSKI, RAYMOND J. AND CAROLINE E., 1455 County Club Drive, Lake Ozark, MO (Please forward all correspondence and pleadings to Monson, Cummins & Shohet, Attn: David M. Shohet, #36675, 319 N. Weber Street, Colorado Springs, CO 80903, dms@cowaterlaw.com, ). Application for Amendment of Plan for Augmentation, PARK COUNTY, COLORADO. Raymond J. Rugloski and Carolyn E. Rugloski ( Applicants ) are the owners of a contractual right in perpetuity to receive 20.0 acre feet of consumptive use water decreed for augmentation purposes from water rights owned by the City of Aurora, which is stored in Spinney Mountain Reservoir in Park County ( Augmentation Water ). In Case No. 96CW1038, District Court, Water Division 1, the Applicants obtained a plan for augmentation to replace the out-of-priority depletions caused by several water rights adjudicated in Case No. 96CW1038 as well as water rights adjudicated in Case No. 96CW129 ( 96CW1038 Decree ). The Augmentation Water was dedicated as the source of water to replace the out of priority depletions under the 96CW1038 Decree. The Applicants have sold all of the water rights together with the plan for augmentation decreed in the 96CW1038 Decree. As part of this sale, the Applicants conveyed a portion of the Augmentation Water. The Applicants file this Application to confirm the amount of Augmentation Water dedicated to the 96CW1038 Decree and to allow the Applicants to utilize that portion of the Augmentation Water not assigned and needed by the 96CW1038 Decree for other augmentation purposes free and clear of the 96CW1038 Decree. The Applicants obtained the 96CW1038 Decree as part of an overall plan to develop a wildlife habitat on their property located in Park County, Colorado. The wildlife plan included the development of wetlands as well as ponds to maintain fish, wildlife, and livestock watering and the attendant riparian habitat enhancement resulting from the impoundment of the water for such storage purposes. To implement this plan, the Applicants constructed a series of small ponds and reservoirs within existing watercourses and the structures will contribute to erosion control. The Applicants have subsequently sold and conveyed a portion of their property along with the 96CW1038 Decree to David and Nancy Rogers and Rogers & Rogers Energy, LP, a Texas limited partnership (collectively, Rogers ). As part of the sale and conveyance of property and water rights, the Applicants conveyed a total of 6.68 acre feet of the Augmentation Water to Rogers. Paragraph 23 of the 96CW1038 Decree states that [a]ll or any portion of the [Augmentation Water] will be released at the discretion of the Division Engineer Paragraph 23 of the 96CW1038 Decree further states [a]ny portion of the Applicants [Augmentation Water] not dedicated to this plan for augmentation may be used by the Applicants in future plans of augmentation or amendments hereto. As only 6.68 acre feet of the Augmentation Water has been conveyed to Rogers and the Applicants no longer have any ownership interests in the property and water rights subject of the96cw1038 Decree, the Applicants file this Application to confirm that only 6.68 acre feet of the Augmentation Water is dedicated to the 96CW1038 Decree. The Applicants seek further confirmation that the remaining portion of the Augmentation Water (13.32 acre feet) may be used by the Applicants or their successors in interest for future uses free and clear of the plan for augmentation decreed in the 96CW1038 Decree. The Applicants own acre feet of the Augmentation Water. Rogers, whose address is P. O. Box 50368, Midland, TX , own 6.68 acre feet of the Augmentation Water, together with all of the water rights and the plan for augmentation decreed in the 96CW1038 Decree. Lynn A. Jacobson, 334 Whitman Court, Palo Alto, California 94301, owns 1 acre foot of the Augmentation Water, but does not own any water rights to be augmented under the 96CW1038 Decree. 17CW3135, Mark Schenecker and Saundra McNeil Schenecker, 1705 Rocky View Drive, Castle Rock, CO (James J. Petrock, Petrock & Fendel, th Street, #1800, Denver, CO 80202), 3

4 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY acres being Lot 4, Block 5, Castle Oaks Filing 1, generally located in the NW1/4 of Section 5, T8S, R66W of the 6th P.M., Douglas County, as shown on Attachment A hereto (Subject Property). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections (10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section (10.5), C.R.S. Estimated Amounts: Upper Dawson: 2.5 acre-feet, Lower Dawson: 3 acre-feet, Denver: 11 acre-feet, Arapahoe: 9.6 acre-feet, Laramie-Fox Hills: 5.4 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 2 acrefeet per year of Upper Dawson aquifer groundwater requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used through two wells (one acre-foot per well), including the existing well (Permit No ), for in house use (0.35 acre-feet), irrigation of 10,500 square-feet of lawn, garden, and trees (0.6 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section (9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system and return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Based on other similar cases in the area, Applicants estimate that the actual depletion at 100 years of pumping is less than 3% of the annual amount withdrawn. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 17CW3136 East Cherry Creek Valley Water and Sanitation District ( ECCV ); 6201 S. Gun Club Road; Aurora, CO 80016; Telephone: (303) APPLICATION FOR PERMISSION TO CONSTRUCT REPLACEMENT OR SUBSTITUTE WELL TO WITHDRAW NONTRIBUTARY ARAPAHOE FORMATION GROUNDWATER IN DOUGLAS COUNTY. Please direct all correspondence or inquiries regarding this matter to counsel for the Applicant: Sheela S. Stack, Esq.; RYLEY CARLOCK & APPLEWHITE; 1700 Lincoln Street, Suite 3500; Denver, Colorado 80203; Telephone: (303) Introduction. ECCV owns certain decreed groundwater rights for the withdrawal of nontributary Arapahoe formation groundwater underlying Highlands Ranch in Douglas County, Colorado, including nontributary Arapahoe formation groundwater rights decreed to Well PA-8, Well Permit No F, issued on March 31, Well PA-8 is the subject of the amended decree in Case No. 99CW163, entered August 31, 2001 ( 99CW163 Decree ). Pursuant to paragraph 4.1.a. of the 99CW163 Decree, the owner of Well PA-8 may file an application with this Court for permission to construct a replacement or substitute well for Well PA-8 at such time as Well PA-8 cannot produce its final annual amount of withdrawal. Well PA-8 can no longer produce its final annual amount of withdrawal, 480 acre-feet per year. Accordingly, ECCV seeks permission to construct a replacement well for Well PA-8 ( Well PA-8R ). Construction of Well PA-8R will enable ECCV to withdraw the final annual amount of water decreed to Well PA Decreed Name of Structure for which the Replacement Well is Sought. Well PA-8, Well Permit No F, issued on March 31, Decree Information Original and Subsequent Decrees. The original decree for Well PA-8 was entered on October 1, 1984 in Case No. W , and the conditional amount made final by the amended decree entered on July 9, 1992 in Consolidated Case Nos. W , W , 85CW163, 85CW170, and 4

5 88CW079. The use and location of Well PA-8 were changed by the decree entered on September 28, 1995 in Case No. 90CW109. Certain terms of the decree entered in Case No. W were modified by the 99CW163 Decree Decreed Location. SW1/4 of the SW1/4 of Section 20, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, feet from the South section line and feet from the West section line of Section Source. Nontributary Arapahoe Formation Appropriation Date. March 31, Amount cfs (600 gpm), with an annual amount of withdrawal of 480 acre-feet per year, subject to the provisions of paragraphs 17 and 28 of the decree in Case No. W , as modified by paragraphs 4.1 and 4.3 of the 99CW163 Decree Decreed Uses. Municipal, domestic, irrigation, power generation, mining, recreational, including fishery and wildlife, manufacturing, fire protection, commercial, and stock watering. 5. Proposed Location for Well PA-8R. SW1/4 SW1/4 of Section 20, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado. The UTM coordinates in Zone 13 South are as follows: Northing m, Easting m. The proposed location for Well PA-8R is within Zone 2B-1 as required by paragraph 4.1.b(1) of the 99CW163 Decree and complies with the well spacing requirements of said paragraph 4.1.b(1). A map showing the location of Well PA-8, the proposed location of Well PA-8R, and the proposed location of Well PA-8R in relation to the zones and well spacing requirements in paragraph 4.1.b(1) of the 99CW163 Decree is attached as Exhibit Proposed Terms and Conditions. Well PA-8R will be operated in accordance with all applicable terms and conditions of the previous decrees described in paragraph 4.1, above. 7. Name and address of owner or reputed owner of 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 has an ownership interest in the well site for the Well PA-8R. WHEREFORE, ECCV requests the Court to approve the construction of a replacement well for Well PA-8 at the location described in paragraph 5, above. (5 pages, 1 exhibit). 17CW3137 (11CW44, 04CW243, 98CW234, 90CW032, 81CW074). Edward G. Hogan, William J. Hogan, and JoAnn Sharp ( Applicants ) c/o William J. Hogan, State Highway 93, Boulder, Colorado DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, Weld County Courthouse, 901 9th Avenue, Greeley, CO, CONCERNING THE APPLICATION FOR WATER RIGHTS OF EDWARD G. HOGAN, WILLIAM J. HOGAN JOANN SHARP IN JEFFERSON COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicants: Edward G. Hogan, William J. Hogan, and JoAnn Sharp ( Applicants ) c/o William J. Hogan, State Highway 93, Boulder, Colorado Applicants have created trusts which hold a portion of the title to the Hogan Ranch and the subject water rights, as follows: Bill Hogan Living Trust, JoAnn T. Sharp Revocable Trust, Christopher R. Bergquist Sr., Revocable Trust, and John C. Hogan. The address for Applicants is unchanged. Direct all pleadings to: Steven J. Bushong (#21782), Cassidy L. Woodard (#48824), Porzak Browning & Bushong LLP, th Street, Boulder, CO, (303) Name of structure: Hogan Reservoir. 3. Description of conditional water rights: A. Original decree. Findings and Ruling of the Referee and Decree of the Water Court dated April 12, 1982, in Case No. 81CW074, Water Division No. 1, State of Colorado. Findings of reasonable diligence were entered in Case Nos. 90CW032, 98CW234, 04CW243, and 11CW44. B. Decreed location of structure: Located in the NE 1/4 of Section 5 and the NW 1/4 of Section 4, Township 2 South, Range 70 West, of the 6th P.M., Jefferson County, Colorado. The outlet is a point South 35 57'20" West feet from the NE Corner of said Section 5. C. Decreed Source of water: Natural runoff tributary to Coal Creek. D. Decreed Appropriation date: February 7, E. Decreed Amount of water: 204 acre-feet conditional. F. Decreed Use: Irrigation, washing gravel, industrial, and augmentation. G. Portions Previously Made Absolute: 150 acre-feet was made absolute for washing gravel and industrial purposes in Case No. 04CW243, leaving 54 acre-feet conditional for washing gravel and industrial purposes, and 204 acre-feet conditional for irrigation and augmentation. H. Map: A map depicting the location of Hogan Reservoir and other structures is attached hereto as Exhibit A. 4. Detailed outline of work done to complete the project and apply water to beneficial use: The subject water rights 5

6 were recognized in Case No. 11CW44 as components of Applicants integrated water supply system. Since that last diligence decree was entered in Case No. 11CW44, Applicants have undertaken the following specific activities that demonstrate ongoing diligence with regard to the subject conditional right: Applicants renewed their lease with Texas Industries, Inc. ( TXI ) and its successor-in-interest, Trinity Industries, Inc. ( Trinity ) to permit the continued extraction of aggregate materials from Applicant s property. The mining activities are creating the water storage facility for Hogan Reservoir, the depletions from which may be augmented by the subject water rights in the future. A. All water diverted and stored by the subject water rights since the decree was issued in Case No. 11CW44 has been used by TXI and Trinity by agreement. Applicants continue to plan for the use of their integrated water supply system after Trinity s work is completed. Trinity plans to excavate another roughly 225,000 tons of shale a year for the next several years and will rely upon the subject water rights and Hogan s other water rights for that operation. B. Records show approximately 350 acre-feet of water from Applicants was used by TXI and Trinity during the diligence period, of which about 150 acre-feet came from Hogan Reservoir. C. Improvements, maintenance and operation needed to allow the delivery of the subject water rights and other water rights owned by Applicants to TXI and Trinity, such as pumps, valves, piping, pressure switches, and other infrastructure and actions have had a documented cost of $182,652 over the past roughly six years. D. Applicants have installed other improvements to maintain the infrastructure associated with utilizing the water from Hogan Reservoir and with regard to the associated infrastructure in Hogan Reservoir No. 2 and Hogan Ditch No. 2. E. Applicants pursued and received a diligence decree in Case No. 17CW3029 for the Hogan Reservoir No. 2 and Hogan Ditch No. 2. F. Applicants property has been encumbered with a deed of conservation easement that retains Applicants right to construct five residences, in addition to the two residences already in existence. Applicants have not yet finalized their plans for the development rights, but that will require use of the subject water rights. G. Applicants believe that the continued mining of the Hogan Reservoir facility will likely result in a storage facility larger than the decreed Hogan Reservoir. Applicants have corresponded with public water supply providers and received a letter of interest should any portion of the constructed Hogan Reservoir or other Applicant facilities be available. Applicants will finalize any such agreement prior to or upon completion of the mining by Trinity. All of the above activities demonstrate reasonable diligence in perfecting the remaining Hogan Reservoir conditional water rights. 6. Names(s) and Address(es) of 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: Applicants own the land upon which the Hogan Reservoir is located. WHEREFORE, consistent with the foregoing, Applicants request that this Court enter a decree that (1) finds the Applicants reasonably diligent in perfecting the remaining conditional water rights decreed for the Hogan Reservoir, thereby retaining in full force and effect said conditional water rights in the amount of 204 acre-feet for irrigation and augmentation uses and 54 acre-feet for industrial and gravel washing uses; and (2) granting such other and further relief consistent with this pleading as this Court may deem proper. (5 pages + exhibit) 17CW3138 Marlin and Shirley Ness, 501 East 27 th Street. Greeley, CO Please send correspondence and pleadings to: Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO Phone: (970) ; david@ljcglaw.com. CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABOSLUTE, IN PART, in WELD COUNTY. 2. Description of Water Rights from Previous Decree dated August 10, Name of Structure: Greeley RV Park Well Previous Decree: Case No. 05CW Legal Description: NW1/4 of the NE1/4, Section 21, Township 5 North, Range 65 West, 6 th P.M., 228 from the North line and 2290 from East line of said Section Date of Appropriation: August 19, How appropriation was initiated: formation of the intent to appropriate water to beneficial use, engineering study and the filing of the amended application Amount: 20 g.p.m Use: domestic water supply for commercial RV lot Source: groundwater tributary to the South Platte River 3. Outline of Work Toward Completion of the Appropriation. Applicant constructed the well after obtaining a well permit to construct and has operated the well for the 6

7 decreed beneficial use to supply its RV park under its plan for augmentation decreed in Case No. 05CW47. The current permit for this well is F. 4. Claim for Finding of Reasonable Diligence. Applicant seeks the following: to make the water right absolute in the amount of 6 g.p.m. for decreed uses, a finding that it has been reasonably diligent in the development of the subject water rights, and to maintain 14 g.p.m. as conditional for all decreed uses. The original format of this application is three (3) pages in length. 17CW3139 THE TOWN OF NEDERLAND c/o Chris Pelletier, Public Works Manager, P.O. Box 396, Nederland, CO Please direct all correspondence concerning this Application to: Aaron S. Ladd, Esq. and Leila C. Behnampour, Esq., Vranesh and Raisch, LLP, th St., Suite 200, Boulder, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of Structure: Nederland Reservoir. The water right decreed to Nederland Reservoir is also referred to below as the Subject Conditional Water Right. 3. Description of Subject Conditional Water Right: A. Date of Original Decree: Case No. W , State of Colorado, District Court, Water Division 1, entered on July 29, B. Subsequent decrees awarding findings of reasonable diligence, in Water Division 1: 1. Case No. 84CW253, entered April 25, Case No. 88CW107, entered February 10, Case No. 95CW033, entered October 18, Case No. 01CW191, entered December 7, Case No. 10CW294, entered September 1, C. Legal description: Nederland Reservoir is decreed in the South 1/2, SE 1/4, Section 14, Township 1 South, Range 73 West, 6th P.M., Boulder County, Colorado at a point whence the SE corner of said Section 14 bears S 57 15' E, a distance of 1,145 feet, more or less. See the map attached hereto as Exhibit A. D. Source of Water: Middle Boulder Creek. E. Appropriation Date and Amount: January 6, 1973; 100 acre-feet, CONDITIONAL, with the right to fill and refill. F. Uses: Municipal, recreational, piscatorial, fire protection, augmentation, exchange and irrigation. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, during the previous diligence period: A. Nederland Reservoir is part of an integrated system of water rights and facilities associated with the Town s water and wastewater systems and its decreed Plan of Augmentation, decreed in Case No. W Pursuant to said plan, the reservoir may be used, in part, to store all or a portion of the augmentation water once constructed and will play a critical role in providing a secure water supply to the Town once constructed. Additionally, Nederland Reservoir will provide raw water supply and drought firming water supply to the Town. B. During the diligence period, the Town undertook significant steps to improve its intake, water treatment, and water delivery infrastructure. Among these, the Town spent approximately $70,000 to rebuild its raw water intake structure, and approximately an additional $10,000 to construct an infiltration gallery at that intake location. In addition, the Town expended approximately $190,000 on improvements to its water treatment plant and related processes, including a new backwash diversion project that allows water used to backwash filters to return directly to the river. Numerous upgrades were made to the Town s distribution system at a cost of over $600,000, including upgrades to more than 750 water meters, replacement of Pressure Release Valves within the Town, upgrades to the pump house and flow model at the Big Spring subdivision, upgrades at the Caribou Pump Station, and the replacement of numerous hydrants. C. During the diligence period, the Town also undertook significant steps to modernize and upgrade its wastewater treatment facilities. These facilities are an integral part of the Town s Plan of Augmentation to provide return flows. The Town built a new wastewater treatment plant at a cost of approximately $2,300,000. This upgrade allowed the Town to eliminate one of its holding ponds. The Town also improved its wastewater collection system in three phases at a total cost of approximately $1,000,000. The Town has also spent approximately $100,000 to design a wastewater plant expansion to date and has an additional $47,000 budgeted for final design. The total cost of the wastewater treatment plant expansion is estimated to be $2,000,000, with work planned to commence in D. The Town has also undertaken a number of studies concerning its raw water and wastewater systems during the diligence period. The Town expended approximately $120,000 on an infiltration and inflow study and engineering to, inter alia, reduce flow to the wastewater treatment plant and reduce the 7

8 burden of treatment. The Town also expended approximately $30,000 for a biosolids study, the first step to wastewater upgrades that will allow the Town to eliminate its holding pond. And finally, the Town conducted a water rate study, costing approximately $24,000. E. The Town has also taken specific steps toward the development, design and construction of Nederland Reservoir including cost estimates and a phased plan of development. At a cost of more than $20,000, the Town engaged JVA, Inc. to conduct a Nederland Reservoir Feasibility Assessment to determine the feasibility and cost of developing Nederland Reservoir. The Town also contacted owners of property on which Nederland Reservoir will be constructed to discuss the project. F. Over the diligence period, the Town has engaged legal counsel to assist in the development of Nederland Reservoir. The Town has also engaged legal counsel to assist in matters concerning its water rights, operation of its augmentation plan, accounting, monitoring the water court resume, and filing statements of opposition to protect the Town s water rights. The Town has expended more than $49,000 for said legal services during the diligence period. The Town has also paid approximately $18,500 to TZA Water Engineers for, among other things, water rights and augmentation plan accounting. G. The Town also developed a Comprehensive Plan, at a cost of $20,000, prioritizing the legal and engineering work needed to pursue Nederland Reservoir. Similarly, the Town s Master Infrastructure Plan, developed at a cost of $40,000, also prioritizes development of Nederland Reservoir. H. Based on the work outlined above, the Town seeks a decree finding that it has exercised reasonable diligence in development of the Subject Conditional Water Right and continuing the Subject Conditional Water Right, and continuing the Town s appropriation for an additional diligence period. 5. Names and addresses of owners 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: A. Applicant. B. Virginia H. Evans, Joseph M. Evans, Kayla Lee Evans, Tamara Evans, P.O. Box 100, Nederland, CO C. Tamara Ann Evans Holmboe, Joseph Malcolm Evans, Kayla Lee Evans, 1250 Eldora Road, Nederland, CO CW3140 (05CW291, 98CW385, 93CW120, 80CW152). COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, Attn: Water Resources Section, 6060 Broadway, Denver, CO 80216, ed.perkings@state.co.us, Telephone: c/o Heather A. Warren, Senior Assistant Attorney General; 1300 Broadway, 7 th Floor, Denver, CO Telephone: ; heather.warren@coag.gov and Nicholas Lopez, Assistant Attorney General; 1300 Broadway, 7 th Floor, Denver, CO Telephone: ; Nicholas.lopez@coag.gov. APPLICATION TO MAKE CONDITIONAL RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, in JEFFERSON AND DOUGLAS COUNTIES, COLORADO. 1. Name, mailing address, address, and telephone number of applicant: Colorado Division of Parks and Wildlife ( CPW ), Attn: Ed Perkins, Water Rights Administrator, 6060 Broadway, Denver, Colorado 80216, Name of structure: Chatfield Fish Unit. 3. Description of project features: Chatfield Reservoir is a flood control structure located at the confluence of Plum Creek and the South Platte River. As part of the project, the United States Army Corps of Engineers reserved a site below the dam for construction of a fish hatchery to be managed and operated by the Colorado Division of Parks and Wildlife. The Chatfield Fish Unit is a multi-staged development. The first phase was the construction of the current planting base. The Fish Unit serves as a holding facility for fish hatched and reared at other CPW facilities. Fish held at this facility are stocked in the Denver Metro area and along the Front Range as well as in other waters in throughout the state. Later phases will expand the Fish Unit to include hatching and rearing fish. 4. Description of conditional water right to make absolute: A. Date of original decree: September 29, 1992, Case No. 80CW152, District Court, Water Division 1. B. Subsequent decrees awarding findings of diligence: Case No. 93CW120, entered on February 15, 1995, by the District Court in and for Water Division 1; Case No. 98CW385, entered on November 10, 1999, by the District Court in and for Water Division 1; Case No. 05CW291, entered on September 13, 2011, by the District Court in and for Water Division 1. C. Legal description: Chatfield Fish Unit diversion is located in the NW1/4 SE1/4 of Section 8

9 1, Township 6 South, Range 69 West, 6th P.M., Jefferson County, at a point located 3102 feet from the East Section Line and 2971 from the South Section Line (Source: ArcGIS). The point of diversion and place of use are further described in Paragraph 6.D., below. D. Source: South Platte River and its tributaries at or above Chatfield Dam. E. Appropriation date: February 25, F. Use: Piscatorial, which includes raising and rearing fish, aquatic habitat, water treatment of the fish unit waters prior to discharge and recreational uses. The use of the water is on a continuous flow-through basis with the water returning to the South Platte River directly below the fish unit. G. Amount: 8.1 c.f.s. absolute. H. Remarks: Of the of 20 c.f.s. conditional water right confirmed by decree in Case No. 80CW152, 10 c.f.s. was made absolute in Case No. 93CW120; continuing diligence was granted for the remaining 10 c.f.s. conditional water right in Case Nos. 98CW385 and 05CW291; of the remaining 10 c.f.s. conditional water right, CPW currently seeks to make 8.1 c.f.s. absolute and to maintain diligence on 1.9 c.f.s. 5. 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. Phase One of the Chatfield Fish Unit was completed and 10 c.f.s. of the original 20 c.f.s. conditional water right was made absolute in B. Presently, the Chatfield Fish Unit s main function is to receive catchable trout from CPW s fish hatcheries in order to allow those hatcheries to produce additional fish. During the past six years, the Fish Unit produced an average of approximately 88,000 fish annually. These fish have been stocked in waters in the Denver Metro area and along the Front Range. C. The Chatfield Fish Unit is one of three Colorado fish units that can accommodate and receive warm water species fish from out-of-state sources for holding and release in Colorado. The Fish Unit is also used for annual walleye spawning operations. D. During the present diligence period, CPW has continued to implement a policy which does not allow fish infected with whirling disease to be stocked in waters that are disease free. The Chatfield Fish Unit is necessary for the implementation of this policy. The Fish Unit has tested positive for whirling disease and therefore provides the needed holding facility for fish produced at whirling disease positive hatcheries, such as the Watson and Chalk Cliff hatcheries, allowing those facilities to produce the number of fish needed for stocking purposes. E. Development of the rearing and hatchery phases of the Chatfield Fish Unit is dependent on securing additional physical water supply for the hatchery. To accomplish this goal, CPW aquatic and water resource personnel have attended numerous meetings with representatives from the Division of Water Resources, the City and County of Denver, Centennial Water and Sanitation District, the United States Army Corps of Engineers and others to seek increased flow of water through the Chatfield outlet manifold. In addition, CPW has participated in the Chatfield Reallocation Project to firm additional storage space in Chatfield Reservoir, is a participant in the Reallocation Process, and has participated in numerous meetings with the Chatfield Reallocation Participants and the recently formed Chatfield Reservoir Mitigation Company for the purpose of firming up water supplies for the Fish Unit. CPW also participates in the Chatfield Reallocation Technical Advisory Group. The primary goal of CPW in this process is to ensure an increased and more consistent flow of water through the outlets without periods of dry-up to establish a permanent and consistent water supply for the Fish Unit to support current use as a holding facility for production of at least 100,000 fish annually and so that CPW can eventually expand the Fish Unit into a fully operational hatchery. F. During the previous and current diligence periods, CPW personnel has continued to review the monthly water court resume for applications that may affect the Chatfield Fish Unit water right and has opposed multiple applications for surface and storage water rights in Division 1 and specifically in Chatfield Reservoir and at the reservoir outlets. CPW also collaborated with the Division of Water Resources to improve the measuring structure at the Fish Unit and to install radio telemetry to obtain real time diversion data. G. CPW incurred the following expenses during the diligence period: (1) Annual salary for two full-time employees; (2) Annual salary for a seasonal employee; (3) $20, in 2014 for upgrades and remodeling of the main building to accommodate more personnel for walleye spawning; (4) $10, in 2017 for pipeline repairs; (5) $8,000 in 2014 for new windows at the main building; (6) $3, in 2014 for a new storage shed; (7) $3, in 2017 for gravel and rock for driveways and around the aeration tower; (8) $1, for railing inside and outside the aeration tower. H. CPW continuously monitors the water delivery system for structural 9

10 integrity and performs monitoring and maintenance of erosion control structures and discharge outlets related to the water right. I. CPW continuously monitors the water conditions including ammonia and ph concentrations within the water delivery system discharge area. J. The hatchery ponds have three outlet structures within the dam that are made of red wood boards. These structures are each approximately 4 feet wide by 7 feet tall. The boards are 6 inches high when stacked in the outlets. Each year these boards are replaced as necessary. Additionally, the structures are continuously monitored for structural integrity. Hardware cloth is tacked onto the pond sides of each structure annually and mesh wire is installed on both sides of each structure to protect against beaver damage. K. Three pipeline sections are within the delivery system. These are monitored weekly and maintained to be free of debris in order to provide adequate water flows. L. During July, 2015, CPW diverted 18.1 c.f.s. of the Chatfield Fish Unit water right for piscatorial use, including raising and rearing fish, aquatic habitat, water treatment of the fish unit waters prior to discharge and recreational uses. Diversion records show that 18.1 c.f.s. was diverted for the claimed uses. A copy of the diversion records for 2015 is attached as Exhibit Claim to make conditional water right absolute: CPW requests that this Court determine and decree that 8.1 c.f.s. of the 10 c.f.s. remaining portion of the conditional water right for the Chatfield Fish Unit be made absolute. This is in addition to the 10 c.f.s. previously made absolute, for a total of 18.1 c.f.s. absolute for all uses listed herein. A. Date water applied to beneficial use: July 11-12, B. Amount: 18.1 c.f.s. C. Use: Piscatorial, which includes raising and rearing fish, aquatic habitat, water treatment of the Fish Unit waters prior to discharge and recreational uses. The use of the water is on a continuous flow-through basis with the water returning to the South Platte River directly below the Fish Unit. D. Description of place of use where water is applied to beneficial use: Chatfield Fish Unit is presently located in the NW1/4 of Section 6, Township 6 South, Range 68 West, 6th P.M., Douglas County. The outlet directing water to the Chatfield Fish Unit is described in UTM coordinates as follows: Northing = ; Easting = (Datum is UTM Zone NAD - 83) (Source: ArcGIS). An aerial imagery map showing the location is attached to this Application as Exhibit 2. A USGS Topo Map showing these coordinates is attached to this Application as Exhibit Names of owners of land upon which structures are located: United States Army Corps of Engineers, 215 N. 17th Street, Omaha, NE Additional remarks: CPW will notify those persons and entities listed in Paragraph 7 above of its Application and certify to the Court that such notification has been made no later than 14 days after filing this Application. WHEREFORE, the Colorado Division of Parks and Wildlife respectfully requests that this Court find that 8.1 c.f.s. of the remaining 10 c.f.s conditional water right for the Chatfield Fish Unit has been put to beneficial use and enter a decree determining that said amount has been made absolute and determining that continuing diligence be maintained on the remaining 1.9 c.f.s. By entry of said decree, 18.1 c.f.s. of the Chatfield Fish Unit water right shall be confirmed absolute for all uses listed herein. 17CW3141 TELLER COUNTY WATER & SANITATION DISTRICT NO 1, P.O. Box 578, Woodland Park, Colorado 80866, , c/o: the.bradys@q.com. Attorney for Applicant: Alperstein & Covell, P.C., Gilbert Y. Marchand, Jr., #19870, Of Counsel, 1600 Broadway, Suite 900, Denver, Colorado 80202, , gym@gymlaw.com. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE AN ADDITIONAL AMOUNT ABSOLUTE IN TELLER COUNTY. 1. Name, mailing address, address, and telephone number of Applicant: Teller County Water & Sanitation District No. 1 ( District or Applicant ), c/o Kent Brady, Project Manager, P.O. Box 578, Woodland Park, Colorado 80866, District Office Phone: , Home Phone: , the.bradys@q.com. 2. Name of Structure: Well 11A (Permit Number: FR). 3. Description of conditional water right: 3.A. The water right for Well 11A was decreed in Case No. 97CW118, District Court, Water Division No. 1, on January 5, 2005 ( 97CW118 Decree ). A decree finding diligence toward the completion of the appropriation was entered on September 19, 2011 in Case No. 11CW30, District Court, Water Division No B. Legal description: The decreed location is in the NW1/4SW1/4 of Section 7, Township 12 South, Range 68 West of the 6th P.M., Teller County, Colorado, approximately 1359 feet from the south section line and approximately 28 feet from the west 10

11 section line. The permitted location is 53 feet from the west section line, but is the same as the decreed location in all other respects. The location of the well is depicted on the map that was filed with the Court as Exhibit 1 of the application. 3.C. Source of water: ground water, tributary to Lovell Gulch, which is tributary to Trout Creek, which is tributary to Horse Creek, which is tributary to the South Platte River. 3.D. Appropriation date: March 19, E. Amount: 8 gallons per minute ( GPM ), absolute; 27 GPM, conditional. 3.F. Use: municipal. 3.G. Depth: Approximately 600 feet. 3.H. Remarks: Well 11A is decreed and permitted as an alternate point of diversion for the District s Well Nos. 2A (formerly known as Well No. 1), 10 (formerly known as Well No. 2), 3, 5, 8, and 9, which wells were the subject of decrees entered by this Court in Case Nos. W-1981 and 97CW118. When operated as an alternate point of diversion, the combined, instantaneous, maximum pumping rate of Well 11A and the other wells is 213 GPM (178 GPM being attributable to the District s other water rights described above, and 35 GPM being attributable to the water right decreed for Well 11A). 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period from entry of the 97CW118 Decree through September 2017, the following has been done. As found in the 97CW118 Decree, the well was re-permitted in February 2005 and re-drilled in October 2005, and a decision was made in collaboration with the USFS to discontinue on-site water treatment and, instead, to construct a pipeline to carry the raw water pumped from the well approximately one mile to the District s primary water treatment facility (the Piute Trail Treatment Facility). The project was then delayed to coincide with the District s other distribution system upgrades which began during The District was obliged then to give priority to the repair of its failing water tank and to the replacement of five city blocks of old failing water mains before directional drilling of the raw water line for Well 11A to the Piute Trail Treatment Facility could be undertaken during This nearly five thousand-foot raw water line cost over $120,000. In addition, over $15,000 of costs were incurred to provide remote control of the pump and its automation integration with the District s other wells at the Piute Trail Treatment Facility. The District s wells, including Well 11A, are part of the City of Woodland Park s augmentation plan decreed in Case No. 86CW376. The District has continuously operated and maintained some or all of its other wells which are alternate points of diversion for Well 11A and which can be diverted at Well 11A. The District has also continuously operated and maintained its water system, of which Well 11A is a part. 5. If claim to make absolute in whole or in part: 5.A. Date water applied to beneficial use, including amount and use: On the following dates, Well 11A was pumped at up to the following rates and the water was placed to its decreed municipal use: 13.1 GPM in February 2005; 11.2 GPM in March 2005; 12.5 GPM in April 2005; 12.9 GPM in June 2005; 11.9 GPM in July 2005; and 10.8 GPM in August See Applicant s Well Use Report for November 2004 through October 2005 that was filed with the Court as Appendix 1 of the application. These rates are all in excess of the currently decreed absolute rate of 8 GPM, and such additional portions that were pumped in priority should be made absolute. 5.B. Description of place of use where water is or was applied to beneficial use: within the District s service area, which is located in Sections 12 and 13, Township 12 South, Range 69 West, 6th P.M., Teller County, Colorado. The service area is depicted on the map that was filed with the Court as Exhibit 2 of the application. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. WHEREFORE, pursuant to C.R.S. Section (4), Applicant requests the Court to enter a decree making an additional amount - up to 13.1 GPM - of the water right for Well 11A absolute and finding that reasonable diligence has been shown toward the completion of any remaining conditional portion of the appropriation associated with the water right for Well 11A; continuing said water right in full force and effect; and granting such other relief as the court deems proper under the circumstances. 17CW3142 John And Laurie Wilkes Living Trust, James McGee and Marcia Kyral, Matthew and Patricia Flynn, David Sebesta, Brenda Paris, Michael and Tamara Tadlock, Vincent Nigro, Craig 11