DISTRICT COURT, WATER DIVISION 1, COLORADO

Transcription

1 DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 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 MARCH 2017 for each County affected. 17CW19 ROBERT W. AND VIRGINIA L. REGAN, Pine Valley Drive, Franktown, CO APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT IN DOUGLAS COUNTY. Well, permit , located SW1/4, SE1/4, S17, T8S, R65W of the 6 th PM at a distance 1231 ft. from S and 2249 ft. from E. Easting , Northing Deerfield subdivision; Lot 103. Source: Upper Dawson. Depth: 350. Amount: 15 gpm, Conditional, one af, Conditional. Date of appropriation: How appropriation was initiated: Permit. Date water applied to beneficial use: Use: Operate a household, small yard on a septic system. 17CW20 VIOLA MAE FRANK, WCR 38 1/2, Platteville, CO APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOULSY DESCRIBED POINT OF DIVERSION PURSUANT TO (3.6), C.R.S. IN WELD COUNTY. Frank Well No R. The location of the well was erroneously described in Case No. W-2296 is the SE1/4 of NW1/4 of S32, T4N, R66W of the 6 th PM at a point whence the W1/4 corner bears S 62 degrees 05 minutes West a distance of 1866 ft. The actual physical location of the well is X , Y CW21 GARY D AND CINDY K. MATSCHKE, PO BOX 1424, Elizabeth, CO APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit , and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 60 acre tract of land lying in the NW1/4, NE1/4, S2, T9S, R65W of the 6 th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW22 BONITA MARIE DOUGLASS (KERSTIENS), 6638 CR 23 1/2, Ft. Lupton, CO APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT IN WELD COUNTY. Well, permit A located SW1/4, NE1/4, S36, T2N, R67W of the 6 th PM at a distance 1890 ft. from N and 2350 ft. from E. UTM coordinates Easting ; Northing Depth: 40 ft. drilled into Alluvial Aquifer. Date of appropriation: How appropriation was initiated: Change of Ownership. Date water applied to beneficial use: Well draws from nontributary groundwater. Amount: 15 gpm absolute. Use: Ordinary household purposed inside one single family dwelling, watering of domestic animals and irrigation of not more than 3 acres of home, gardens and lawn. 17CW23 EDWARD O. AND LAURIE JEAN PETERSON, Polo Run Drive, 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 2.67 acre tract of land lying in the NW1/4, SW1/4, S30, T7S, R64W of the 6 th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW24 THOMAS F. FEENEY, POB 595, Watkins, CO APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the well, permit , and to adjudicate the non tributary and not nontributary Denver Basin groundwater. The two 40 acre tracts comprise the north 1

2 1/2 of the north 1/2 of section 33, T4S, R64W of the 6 th PM which is a total of 80 acres, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW25 BELLA FARMS, LLC, CR 32, Platteville, CO APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOULSY DESCRIBED POINT OF DIVERSION PURSUANT TO (3.6), C.R.S. IN WELD COUNTY. Salamanca Well R, WDID The location of the well as erroneously decreed in Case No W-1040 is a point 2615 ft. S and 2479 ft. E of the NW corner of S7, T3N, R66W of the 6 th PM. The actual physical location, as determined by White Sands Engineers using GPS is E , N CW3040 David W. Hunt and Kayleen J. Hunt, WCR 40, Platteville, Colorado 80651, Telephone: (970) ; (P. Andrew Jones, #29076, Ryan M. Donovan, #44435, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) , paj@ljcglaw.com; ryan@ljcglaw.com); APPLICATION TO CORRECT AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURUSANT TO CRS (3.6) IN WELD COUNTY. 2. Name of Structure: Lorenz Well No Original Decree: Case No. W-1826, Water Division No Adjudication date: June 1, Appropriation date: July 31, Decreed Location: In the SW1/4 of the SW1/4 of Section 26, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 100 feet South and 100 feet West of the NE Corner of the SW1/4 SW1/4 of Section Source: Groundwater, tributary to the South Platte River Decreed flow rate: 2.56 c.f.s., absolute Decreed Use: Irrigation of 300 acres in the W1/2 of Section 26, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado Well Permit: 218-R WDID: Change of well location: Lorenz Well No.3 meets the requirements of an established but erroneously described point of diversion under CRS (3.6). The point of diversion for Lorenz Well No. 3 has been in the same location since the W-1826 Decree was entered, but is not located in the decreed location. However, Lorenz Well No. 3 has been diverted with the intent to divert pursuant to the W-1826 Decree. The established point of diversion for Lorenz Well No. 3 is located more than 200 feet from the originally decreed location. Applicant seeks to change the decreed location of Lorenz Well No. 3 to the actual location of the well, which is approximately 470 feet from the originally decreed location. The correct location is as follows: GPS Coordinates: NAD 83, Easting , Northing Upon entry of a decree approving this Application, Applicant will apply to the Colorado Division of Water Resources to obtain new well permits reflecting this corrected location. 4. Name and address of owner of land on which structure is located: Applicants own the structure and the land upon which the structure is located. This application consists of 3 pages. 17CW3041 PHILIP A. AND ELAINE L. MUELLER, 4990 S. Highway 83, Franktown, Colorado 80116, Telephone: , m_ranch@mesanetworks.net. Please direct all correspondence and pleadings in this matter to: Peggy E. Montaño and April H. Killcreas, TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: , Fax: , pmontano@troutlaw.com; akillcreas@troutlaw.com. APPLICATION FOR DETERMINATION OF UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN DOUGLAS COUNTY, COLORADO. 1. Name, Mailing Address, Telephone, and Address of the Applicants. See above. 2. Summary of Application. By this Application, the Applicants request an adjudication of their ground water rights in the not nontributary Upper Dawson aquifer and the nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying approximately 48 acres of property located in Douglas County, Colorado. The Applicants also seek to withhold.143 acre-feet per acre, for a total of 6.86 acre-feet per year, of not nontributary water from the Upper Dawson aquifer from this adjudication. This application does not request approval of a plan for augmentation for withdrawals from the not nontributary Upper Dawson aquifer. 3. Legal Description of 2

3 Subject Property. The property which is the subject of this application consists of approximately 48 acres of land located in the South 1/2 of Section 13, Township 9 South, Range 66 West and in the Southwest 1/4 of Section 18, Township 9 South, Range 65 West of the 6th Principal Meridian, in Douglas County, Colorado ( Subject Property ), as more particularly described in Exhibit A and as highlighted in red on the map attached to the application as Exhibit B. 4. Well Permit Information. There is currently one well located on the Subject Property that is drilled into the Upper Dawson aquifer formation, permitted under Permit No This well was permitted pursuant to C.R.S., Section (3)(b)(II)(A). A copy of this well permit is attached to the application as Exhibit C. The well permitted under No is located in the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 9 South, Range 66 West of the 6th Principal Meridian, in Douglas County, Colorado, 2796 feet from the North section line and 72 feet from the East section line of said Section 13. Any additional wells necessary for the withdrawal of ground water adjudicated pursuant to this application will be located at any location on the Subject Property subject to Section (4), C.R.S., and permits will be obtained prior to the drilling of such wells into the Denver Basin Aquifers. 5. Source of Water. A. The sources of the ground water underlying the Subject Property are the nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers as well as the not nontributary Upper Dawson aquifer. B. The withdrawal of ground water from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will not, within 100 years, deplete the flow of a natural stream, at an annual rate greater than one-tenth of one percent (.1%) of the annual rate of withdrawal. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater, as defined in (10.5), C.R.S., and the Denver Basin Rules, 2 C.C.R C. The groundwater to be withdrawn from the Upper Dawson aquifer is, as presumptively established in the Denver Basin Rules, not nontributary, as described in C.R.S (10.7). Withdrawals of groundwater from the Upper Dawson aquifer as applied for herein will require replacement by augmentation of actual stream depletions to the affected stream system to the extent necessary to prevent any injurious effect, pursuant to Section 137 and the Denver Basin Rules, 2 C.C.R This application does not request approval of a plan for augmentation; if required by law, the Applicant shall apply for and obtain this Court s approval of a plan for augmentation by a separate proceeding prior to the withdrawal of any not nontributary Upper Dawson aquifer groundwater applied for herein. 6. Estimated Amounts Claimed and Rates of Withdrawal. Applicants request the right to withdraw all of the legally available groundwater from nontributary and not nontributary sources underlying the Subject Property at rates of flow necessary to withdraw the entire amount permitted under any decree granted pursuant to this application. Applicants will withdraw all of the groundwater in all aquifers through wells to be located anywhere on the Subject Property. Said amounts may be a) withdrawn over the 100 year life of the aquifers as set forth in C.R.S. Section (4), as adjusted for the amount of water already withdrawn under Well Permit No ; b) withdrawn over a longer time based upon actual withdrawal or local government regulations; or c) withdrawn subject to the banking provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R The estimated average annual amounts of withdrawal from the subject aquifers, as indicated below, are based upon the Denver Basin Rules, 2 C.C.R Applicants estimate that the following values are representative of the aquifers underlying the Subject Property: Aquifer Overlying Acreage Saturated Thickness (Ft) Specific Yield Upper Dawson % 15.2 Lower Dawson % 14.4 Denver % 20.4 Arapahoe % 16.3 Estimated Annual Amount (AF) 3

4 Laramie-Fox % 13.7 Hills A. To facilitate the Applicants potential development of the Subject Property in the future, the Applicants reserve.143 acre-feet per acre, for a total of 6.86 acre-feet per year, of Upper Dawson Aquifer groundwater underlying the Subject Property for use through exempt wells to be constructed at a later date. B. The average annual amounts available for withdrawal from each aquifer will depend upon the hydrogeology and the legal entitlements of the Applicants to all groundwater in those aquifers underlying the Subject Property. The final determinations of the quantity of water in each aquifer underlying the Subject Property shall be made by the Office of the State Engineer in accordance with the Denver Basin Rules, 2 C.C.R Well Fields. The Applicants request that this Court determine that the Applicants have the right to withdraw all of the legally available groundwater in the subject aquifers lying below the land described in Paragraph 3 above, through wells that will be constructed in the future as part of the Applicants water supply system. The Applicants request that these wells be treated as a well field. As the Applicants wells are constructed, applications will be filed in accordance with Section (10), C.R.S. 8. Uses or Proposed Uses. The subject groundwater will be used, reused, successively used, and after use, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife, and any other beneficial purpose, to be used on or off the land described in Paragraph 3 above. Such water will be produced for immediate application to such uses, for storage and subsequent application to such uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 9. Jurisdiction. The water court has jurisdiction over the subject matter of this application pursuant to Sections (2) and (6), C.R.S. 10. Remarks. A. Applicants will continue to withdraw groundwater from the Upper Dawson aquifer from the well permitted under Permit No for ordinary household purposes inside three single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock, and the irrigation of not more than one acre of home gardens and lawns. Applicants will reduce withdrawals from any other wells approved to withdraw not nontributary groundwater underlying the Subject Property so that total annual withdrawals do not exceed the amount decreed pursuant to this application, subject to the banking provisions of the Statewide Nontributary Ground Water Rules, 2 C.C.R B. Applicants waive any six-hundred foot spacing rules as described in C.R.S (2), as between all wells located on the Subject Property, to the extent that additional wells are drilled in the future. C. Applicants claim the right to withdraw more than the average annual amounts estimated in Paragraph 6 pursuant to Rule 8A of the Statewide Nontributary Ground Water Rules, 2 C.C.R D. Applicants request a quantification and adjudication of their rights to any nontributary water and any to which they are entitled to develop and use under the law. E. Applicants request an adjudication of their rights to use any not nontributary groundwater from the Upper Dawson aquifer to which they are entitled to develop and use under the law. Applicants therefore request: (1) a quantification of their right to any such not nontributary water underlying their property; (2) a confirmation of their right to use, reuse, successively use, and otherwise dispose of all such not nontributary groundwater, as provided in Paragraph 8 above, after lawful compensation of depletions. F. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based upon estimates of relative values of specific yield and saturated thicknesses, Applicants request the right to revise those estimates upward or downward, based upon better or revised data, without the necessity of amending this application or republishing the same. 11. Name and Address of Landowner. Applicants are the owners of the Subject Property. WHEREFORE, Applicants Philip and Elaine Mueller respectfully request that this Court enter a decree: 1. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court shall be specifically retained; and 2. Adjudicating all of the groundwater underlying the Subject Property, less.143 acre-feet per acre (6.86 acre-feet per year) of not nontributary groundwater from the Upper Dawson aquifer; and 3. Specifically determining that: A. Applicants have complied with Section (4), C.R.S., and that water is 4

5 legally available for withdrawal by the Applicants, but that jurisdiction may be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants property, pursuant to Section (11), C.R.S.; B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; C. The groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers claimed in this application is nontributary groundwater as defined in Section (10.5), C.R.S.; D. The groundwater in the Upper Dawson aquifer claimed in this application is not nontributary groundwater as defined in Section (9)(c), C.R.S. Withdrawal of such groundwater shall require a plan for augmentation to replace an amount equal to actual depletions to the affected stream system caused by withdrawals from the Upper Dawson aquifer; E. No findings of reasonable diligence are required to maintain the water rights applied for herein; F. Applicants may construct additional wells as needed for the withdrawal of the ground water at issue herein, pursuant to Section (10), C.R.S.; G. The wells constructed into each of the subject aquifers constitute a well field and that the pumping rate shall be that necessary to withdraw the total allowed annual amounts of withdrawal, to meet system peaking demands, or to comply with any demand or design of the water delivery system; and H. Applicants may withdraw an amount of groundwater in excess of the total allowed average annual amount of withdrawal pursuant to Rule 8A of the Statewide Nontributary Ground Water Rules, 2 C.C.R ; and 4. Granting any such other relief as this Court deems proper. (7 pages) 17CW3042 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (District), 3209 West 28 th Street, Greeley, Colorado Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, APPLICATION TO ADD WELLS TO AUGMENTATION PLAN IN WELD COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW of the decree in Case No. 02CW335 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 3. Structures to be Added and Augmented Decreed Name of Structures to be Added and Augmented. Herbster Well # RR (WDID ); Geis Well No. 1-(unregistered) (WDID ), hereinafter Wells Name and Address of Well Owners. Shannon S. and Donna L Stevenson, WCR 52, Greeley, CO (Stevenson Well No. 1). Roger Boulter, Inc. and Harry Strohauer WCR 50, LaSalle, CO (Geis Well No. 1) Herbster Well Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-1448 on October 9, 1974, adjudicating Herbster Well #2 in the SE1/4 NE1/4 Section 35, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado at a point 1725 feet East and 1940 feet South of the NW corner of Section 35, in the amount of 2.0 c.f.s absolute with an first appropriation date of March 7, 1943 and in the amount of 0.55 c.f.s. absolute with an second appropriation date of May 6, 1970 for the irrigation of 43 acres located in part of the E1/2 NW1/4 Section 35, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and also 50 acres located in part of the SE1/4 Section 26, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado Geis Well No. 1 Decree. A decree was entered in Case No. W-3118 on November 8, 1973, adjudicating Geis Well No. at a point 1330 feet North and 1440 feet East of the SW Corner of Section 5, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado in the amount of 2.50 c.f.s. absolute, with appropriation date August 31, 1942 for irrigation of 80 acres in the NW1/4 SW1/4 and NE1/4 SW1/4 of Section 5, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado GMS Contracts. Herbster Well #2, Contract 1156; Geis Well No. 1, Contract Proposed Terms and Conditions The terms and conditions for the Wells will be the same as for the other Member Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at The Wells will be subject to all the terms and conditions for operation as for other Member Wells in the Decree Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater 5

6 applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters. WDID Distance from Well to Stream (ft) Aquifer Parameters Distance from Boundary to Stream (ft) Storage Coefficient Harmonic Mean Transmissivity (gpd/ft) Admi n. Reach 16,830 23, ,700 B 11,820 23, ,700 C 4.3. Out of priority depletions from pumping of the Wells will be augmented by GMS. 17CW3043 Front Range Feedlots, LLC, P.O. Box 517, Eaton, Colorado Please send correspondence and pleadings to: David P. Jones and Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO (970) ; david@ljcglaw.com ; wes@ljcglaw.com. APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, in LARIMER COUNTY. 2. Names of Underground Water Rights: 2.1. Horton Well No. 1; Well Permit No F Legal Description of the Well: The well is located in the NW1/4 of the NW1/4 of Section 26, Township 9 North, Range 68 West of the 6 th P.M. at a point 115 feet from the North section line and 1150 feet from the West section line Source: Groundwater, tributary to the Cache la Poudre River Appropriation Date: January 13, 2017 (date of well permit application) How appropriation was initiated: By diversion of water and application to beneficial use Amount: 600 g.p.m., of which 250 g.p.m. is absolute Use: Commercial uses in connection with livestock feeding operations by Applicant Remarks. This well is an existing structure originally decreed for irrigation in Case W-2505 and permitted under Well Permit R-R Horton Well No. 2; Well Permit No F Legal Description of the Well: The well is located in the NW1/4 of the NW1/4 of Section 26, Township 9 North, Range 68 West of the 6 th P.M. at a point 565 feet from the North section line and 1215 feet from the West section line Source: Groundwater, tributary to the Cache la Poudre River Appropriation Date: January 13, 2017 (date of well permit application) How appropriation was initiated: By diversion of water and application to beneficial use Amount: 600 g.p.m., of which 200 g.p.m. is absolute Use: Commercial uses in connection with livestock feeding operations by Applicant Remarks. This well is an existing structure originally decreed for irrigation in Case W-2505 and permitted under Well Permit S-R. 3. Plan for Augmentation 3.1. Structures to be augmented: Horton Wells Nos 1 and 2 and any replacement, or supplemental well Water Rights to be Used for Augmentation: Excess augmentation credits from Case No. 06CW114, including those derived from the following water rights: Nine (9) shares of the Ogilvy Irrigating and Land Company previously changed for augmentation use in 06CW114; Recharge accretions from the Swanson Recharge Pond decreed in 06CW114; Augmentation credit including recharge accretions from the decree in 04CW25/06CW295 dated 1/21/2014, and water rights described therein; Thirty-three shares in the New Cache la Poudre Irrigating Company being changed for augmentation use in 08CW178; Thirty-eight shares in the Cache la Poudre Reservoir Company being changed for augmentation use in 08CW Fully consumable and/or non-tributary water leased from Wellington Water Works, LLC, including water rights decreed in Case No. 05CW Applicant may lease, purchase, or otherwise acquire and use additional replacement and augmentation supplies in this plan, and claims the right to do so without amending or republishing this application if such additional supplies are decreed by the water court or approved by the Sate Engineer s Office for augmentation, or are otherwise lawfully available for such 6

7 use Statement of Plan for Augmentation: Applicant and Three T Investments own and operate adjacent feedyards located in Section 11 of Township 9 North, Range 68 West of the 6 th P.M. Horton Wells Nos. 1 and 2 are used to provide drinking water and dust suppression and other commercial uses associated with the feedyards operations for up to a total of approximately 15,000 head of cattle. Diversions from the Wells cause depletions to Box Elder Creek, a tributary of the Cache la Poudre River. To the extent that the depletions are out of priority, the plan will replace such out of priority depletions as necessary to prevent injury to vested water rights Operation. Daily diversions by the Wells will be measured with totalizing flow meters, and recorded and submitted as required by the Division Engineer. The delayed depletive effect will be determined and accounted for and Applicant will use the water rights described in Paragraph 3.2 above to replace out of priority depletions in time, location and amount. The original format of this application is three (3) pages in length. 17CW3044 Town of Castle Rock ( Applicant ), Attn: Mark Marlowe, Director of Castle Rock Water, 175 Kellogg Court, Castle Rock, Colorado 80109, (720) (Jeffrey J. Kahn, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO , (303) ). APPLICATION FOR WATER RIGHTS IN DOUGLAS COUNTY. 2. Description of Proposed Change in Surface Point of Diversion. Applicant owns Castle Rock Surface Diversion No. 1, which was identified as the point of diversion for one conditional surface water right and five conditional exchanges in Case No. 12CW296, District Court, Water Division No. 1. Applicant determined that the actual location of Castle Rock Surface Diversion No. 1 is 471 feet upstream of the decreed location, and Applicant seeks a simple change of surface diversion point to correct the location in each of the water rights. A map showing the actual location and the decreed location of Castle Rock Surface Diversion No. 1 is attached to the application as EXHIBIT A. 3. Decree. Case No. 12CW296, District Court, Water Division No. 1, entered April 19, 2016 ( Decree ). 4. Decreed Legal Description Castle Rock Surface Diversion No. 1. Located in the SW1/4 NW1/4 of Section 2, T. 8 S., R. 67 W., 6 th P.M feet from the north section line and 1086 feet from the west section line. The UTM coordinates are NAD 83, Zone 13, Easting: , Northing: New (Actual) Legal Description Castle Rock Surface Diversion No. 1. Located in the SE1/4 NW1/4 of Section 2, T. 8 S., R. 67 W., 6 th P.M feet from the north section line and 1550 feet from the west section line. The UTM coordinates are NAD 83, Zone 13, Easting: , Northing: Water Rights Decreed for Diversion at Castle Rock Surface Diversion No Conditional Surface Water Right for Castle Rock Surface Diversion No. 1. Decreed Amount: 30.0 c.f.s., conditional. Date of Appropriation: August 31, Source: East Plum Creek. Proposed Uses: Direct use for municipal, augmentation, replacement and exchange within Applicant s water service boundaries as such exist now or may exist in the future, with the right to use, reuse, successively use and store the return flows to extinction. Amount Sought to be Changed: 30.0 c.f.s., conditional. 6.2 Conditional Chatfield Reservoir to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 15.0 c.f.s., conditional, subject to cumulative flow rate limitations and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: The outlet of Chatfield Reservoir described as an existing onchannel reservoir formed by Chatfield Dam located on the mainstem of the South Platte River. The right abutment of the dam is located in Douglas County, in Sections 6 and 7, T. 6 S., R. 68 W. of the 6th P.M. The left abutment of the dam is located in Jefferson County, in Section 1, T. 6 S., R. 69 W. of the 6th P.M. Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Water or water rights owned, leased or otherwise available to Applicant and lawfully stored in Chatfield Reservoir described in 8.3 of the Decree. Date of Initiation of Appropriation: December 18, Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to be Changed: 15.0 c.f.s., conditional, subject to annual and 20 year volumetric limitations in combination with other exchanges in the Decree Conditional Confluence of East and West Plum Creeks to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 2.02 c.f.s., conditional, subject to cumulative flow rate and annual volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: Confluence of East and West Plum Creeks in the 7

8 SW1/4 NE1/4 Section 23, T. 7 S., R. 68 W., 6th P.M. Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Consumptive use credits attributable to the Douglas Park Water Rights described in i. to vi. of the Decree. Date of Initiation of Appropriation: August 20, Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to be Changed: 2.02 c.f.s., conditional, subject to cumulative flow rate and annual volumetric limitations in combination with other exchanges in the Decree Conditional PCWRA Wastewater Treatment Outfall to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 10.8 c.f.s., conditional, subject to annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: PCWRA Outfall located in SW1/4 Section 21, T. 7 S., R. 67 W., 6th P.M., 770 feet from the south section line and 100 feet from the west section line. Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Effluent discharged from PCWRA Outfall as described in 10.3 of the Decree. Date of Initiation of Appropriation: August 20, Proposed Uses of Exchanged Water: Direct use for municipal, augmentation, replacement and exchange. Amount Sought to be Changed: 10.8 c.f.s., conditional, subject to annual and 20 year volumetric limitations in combination with other exchanges in the Decree Conditional Plum Creek Reservoir Outlet to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: Plum Creek Reservoir Outlet located in the NW1/4, SW1/4, Section 20, T. 7 S., R. 67 W., 6th P.M., 2,500 feet from the south section line, 500 feet from the west section line. Upstream Termini: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Water stored in Plum Creek Reservoir described in 11.3 of the Decree. Date of Initiation of Appropriation: August 20, Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to Be Changed: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree Conditional Chatfield Reservoir to Castle Rock Surface Diversion No. 1 Exchange. Amount of Exchange: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: Chatfield Reservoir.Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Water stored in Chatfield Reservoir as described in 8.3 of the Decree.Date of Initiation of Appropriation: August 31, Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to Be Changed: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. 7. Compliance with Simple Change in Surface Point of Diversion Statute. Pursuant to C.R.S (3.5)(a)(II), the proposed change for the Castle Rock Surface Diversion No. 1 meets the statutory definition of a simple change in a surface point of diversion because: Applicant seeks a change in the point of diversion from a decreed surface diversion point to a new surface diversion point. The change is not combined with and does not include any other type of change of water right. There is no intervening surface diversion point between the new point of diversion and the diversion point from which a change is being made. There is no inflow from a tributary surface stream between the new point of diversion and the diversion point from which a change is being made. Pursuant to C.R.S (3.5)(b)(III), the simple change in a surface point of diversion for Castle Rock Surface Diversion No. 1 is authorized because: The change of point of diversion of Castle Rock Surface Diversion No. 1 has already been physically accomplished. All of the water rights that use the point of diversion are decreed conditional. Applicant is entitled to include one or more water rights that are to be diverted at the new point of diversion, as long as the application does not include any other claims for changes of water rights, findings of reasonable diligence or findings that water rights have been made absolute. Pursuant to C.R.S (3.5)(c), the simple change in a surface point of diversion for Castle Rock Surface Diversion No. 1: Will not result in diversion of greater flow rates or amounts than have been decreed to the water rights, and without requantifying the water rights, is physically and legally available at the diversion point from which the change is being made. Will not injuriously affect the owners of people entitled to use 8

9 water under vested or decreed conditional water rights. 8. Name and address of owner of land upon which any new diversion or modification to an existing diversion is constructed. Applicant. 17CW3045, Logan Well Users, Inc., P.O. Box 1172, Sterling, Colorado, 80751, (970) c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, (970) APPLICATION FOR WATER RIGHTS AND TO ADD WELLS TO AUGMENTATION PLAN IN LOGAN, MORGAN and WASHINGTON COUNTIES. Application for Water Rights 2. Name of Structure. Mitchek/Sonneberg Well No. 17, (LWU No. 490) Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO Location. In the NE1/4 NW1/4 of Section 9, Township 7 North, Range 53 West of the 6 th P.M., Logan County Colorado, at a point which is South East a distance of 2,164 feet from the NW corner of said Section Appropriation date. March 17, Amount claimed g.p.m., conditional ource. Groundwater tributary to the South Platte River Use. Commercial, feedlot, stock watering and fire protection Prior decree. W-2289 for irrigation use, Permit No. 124-RR, (LWU ID No. 350). 3. Name of Structure. Mitchek/Advantage Feedyard Well No. 1, (LWU No. 491) Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO Location. In the NE1/4 NW1/4 of Section 9, Township 7 North, Range 53 West of the 6 th P.M., Logan County Colorado, 910 feet from the North section line and 1,890 feet from the West section line of said Section Appropriation date: March 17, Amount claimed. 50 g.p.m., conditional Source. Groundwater tributary to the South Platte River Use. Commercial, feedlot, stock watering and fire protection. 4. Name of Structure. Mitchek/Advantage Feedyard Well No. 2, (LWU No. 492) Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO Location. In the SE1/4NW1/4 of Section 9, Township 7 North, Range 53 West of the 6 th P.M., Logan County Colorado, 2,040 feet from the North section line and 2,360 feet from the West section line of said Section Appropriation date. March 17, Amount claimed. 50 g.p.m., conditional Source. Groundwater tributary to the South Platte River Use. Commercial, feedlot, stock watering and fire protection. 5. Name of Structure. Knowles Well, (LWU No. 493) Owner. Rob Knowles, 6530 CR 28.5 Rt. 3, Sterling CO Location. In the SW1/4 NE1/4 of Section 30, Township 8 North, Range 54 West of the 6 th P.M., Logan County Colorado, 1,790 feet from the North section line and 1,530 feet from the East section line of said Section Appropriation date. March 17, Amount claimed. 20 g.p.m., conditional Source. Groundwater tributary to the South Platte River Use. Commercial, feedlot, stock watering and fire protection. 6. Name of Structure. Chamberlain s Well, (LWU No. 494) Owner. Chamberlain s, P.O. Box 831, Sterling CO Location. In the SW1/4 NW1/4 of Section 33, Township 8 North, Range 52 West of the 6 th P.M., Logan County Colorado, 1,465 feet from the North section line and 335 feet from the West section line of said Section Appropriation date. March 17, Amount claimed. 500 g.p.m., conditional Source. Groundwater tributary to the South Platte River Use. Industrial use associated with a concrete plant and fire protection. Application to Add Wells to Augmentation Plan 7. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 03CW of the decree in Case No. 03CW195 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. Applicant seeks to add the Wells in 2-6. Figure 1, attached, shows the location of the Wells. 8. Aquifer Parameters. The aquifer parameters and other information required by the Decree for each Well are set out in Table 1. Table 1 Well No. 2nd LWU ID No. 1 Name Permit No Allen Mitchek 0124-RR WDID Case No Qtr/Qtr Sec Twn Rge W2289 Well Location Aquifer Parameters 3 Abv/Bel SIC 2 W X Harm T NENW 9 7N 53W a 24,040 21, ,500 R Lag to 9

10 Est. of Allen Mitchek Pending - - Est. of Allen Mitchek Pending - - NENW Est. of Allen Mitchek Pending - - SENW 9 7N 53W 9 7N 53W a 27,605 24, ,500 PC a 26,790 23, ,300 PC Rob Knowles Pending SWNE 30 8N 54W a 69,410 64,410 94,700 PC Chamberlain's Pending SWNW 33 8N 52W b 24,420 3, ,000 R 1 The second LWU ID No. is for the new priority decreed to the existing well. 2 Abv/Bel SIC = Location of depletions with respect to Sterling No. 1 Ditch headgate. Above - a, Below b. 3 Aquifer Parameters W = Width of aquifer on side of river where well is located (feet). X = Distance from the river to the location of structure (feet). Harm T = Harmonic Transmissivity of the aquifer in the vicinity of structure (gpd/ft). S = 0.2 Lag to: R = River, PD = Pioneer Drain, PC = Pawnee Creek. None of the wells are located inside boundaries of Logan Irrigation District as of December Consumptive Use and Depletions. The consumptive use factors used will be those set out in the Decree at Out of priority depletions from use of the Wells that have occurred prior to the date the court allows the Wells to be added to the plan will be replaced by Applicant. Out of priority depletions from use of the Wells that may occur after the court decree adding the Wells to the plan, whether or not the depletions result from pumping before or after the date the court allows the Wells to be added to the plan, will be replaced by the Applicant. 10. Water Rights to be used for Augmentation. All water rights decreed in Case Nos. 03CW195 and 07CW Names and Address of Owners of the Structures. The names and addresses of the owners of the structures are set out above. 17CW3046 FOOTHILLS PARK AND RECREATION DISTRICT; c/o Ron Hopp, Manager, 6612 S. Ward St., Littleton, CO (Please direst all correspondence to Robert F. T. Krassa, KRASSA & MILLER, LLC, Attorney for Applicant, 2737 Mapleton Ave., Suite 103, Boulder, CO , ) Application for Absolute Water Storage Right JEFFERSON COUNTY, COLORADO 2. Name of Structures: Beers Sisters Reservoir. 3. Location of reservoir: Beers Sisters Reservoir is located in the NW/4SW/4 and the NE/4SW/4 of Sec. 16, T.5 S., R. 69 W. of the 6 th P.M. in Jefferson County. It occupies most of Blue Heron Park, which itself comprises Tract C of Foothill Green Filing No. 3, a Jefferson County subdivision. The dam of Beers Sisters Reservoir crosses Coon Creek at a point which is located 1,860 feet from the west section line, and 2,170 feet from the south section line, of said Section 16. The UTM coordinates of that point are NAD 83, UTM Zone 13 North, Easting, Northing. The location of Beers Sisters Reservoir is also shown on the map attached hereto as Exhibit A. 4. Source: Coon Creek, including surface runoff and groundwater percolation, tributary to Dutch Creek, tributary to the South Platte River. 5. If filled from a ditch: not applicable. 6. A. Date of appropriation: May 10, B. How appropriation was initiated: the acceptance and approval on May 10, 1965 of the Map of Beers Sisters Lake Reservoir by the State Engineer as Map and Statement No , attached hereto as Exhibit B. Said Map and Statement was filed pursuant to C.R.S through in effect at the time. C.R.S states in pertinent part, A certified copy of the map and statement filed in the state engineer s office shall be prima facie evidence in any court having jurisdiction of the intent of the claimant to make such construction and to utilize such rights as are shown and described in the map and statement. Subsequent fulfillment of all requirements include construction of the reservoir in 1965, acceptance by Applicant s predecessor Foothills Metropolitan 10

11 Recreation and Park District of Commissioners Deed dated December 6, 1983 from Jefferson County, conveying to Foothills said Tract C, Foothill Green Filing No. 3, Jefferson County, including Beers Sisters Reservoir, as recorded December 7, 1983 at reception number , records of Jefferson County, and pursuant to the dedication of all water rights in said subdivision to Jefferson County by the Foothill Green Official Development Plan as recorded September 26, 1972 at Book 2, page 27, reception no , records of Jefferson County, Colorado; and adoption of Resolution on February 28, 2017 by Foothills Board of Directors attached hereto as Exhibit C. C. Date water applied to beneficial use: Amount claimed: 41.4 acre feet, including the right to fill and refill when in priority, absolute. Capacity of the reservoir is shown on the said Map of Beers Sisters Lake Reservoir accepted and approved May 10, 1965 by the State Engineer as Map and Statement No , attached hereto as Exhibit B. 8. Use: for irrigation, recreation, fishing/piscatorial, augmentation and replacement purposes. Location of Blue Heron Park is described above. 9. Surface area of high water line: 7.6 acres. A. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway of the dam: 21 feet. B. Length of dam: 744 feet. 10. Total capacity of reservoir: 41.4 acre feet. Active capacity: 41.4 acre feet. Dead storage: zero (0) acre feet. 11. Names and addresses of owner 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. 17CW3047 City of Thornton, Infrastructure Department, Division of Water Resources,12450 North Washington St., Thornton, CO 80241, (720) Attorney: Joanne Herlihy, Esq., Senior Assistant City Attorney, City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Structures: 2.1. Lower Clear Creek Ditch 2.2.Croke Canal 2.3. Farmers High Line Canal 3. Description of conditional water right: Enlarged Clear Creek - South Platte River Exchange Date of Original Decree: July 15, Case No. 90CW231, District Court, Water Division Subsequent decrees awarding findings of diligence: Case No. 99CW116, District Court, Water Division 1, entered June 9, 2003 (making cfs of the Lower Clear Creek Ditch exchange and cfs of the Croke Canal exchange absolute). Case No. 09CW66, District Court, Water Division 1, entered March 15, Legal Description: Location of Points of Diversion by Exchange (Exchange-To Points): Lower Clear Creek Ditch: The headgate of the Lower Clear Creek Ditch as it presently exists and as it may be relocated in the future ("Lower Clear Creek Headgate"). The Lower Clear Creek Headgate is presently located on the north bank of Clear Creek in the SE 1/4 of Section 4, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. Water diverted through the Lower Clear Creek Ditch under the exchanges will be used by direct use and by storage in and subsequent release from the following reservoirs: West Gravel Lakes: located in Sections 25 and 36, Township 2 South, Range 68 West, 6th P.M., Adams County, Colorado Brannan Lake: located in the SW 1/4 of Section 35, Township 2 South, Range 68 West, 6th P.M., Adams County, Colorado Croke Canal: The headgate of the Croke Canal as it presently exists and as it may be relocated in the future ("Croke Canal Headgate"). The Croke Canal Headgate is presently located on the north bank of Clear Creek in the NW 1/4 of the NE 1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. Water diverted through the Croke Canal under the exchanges will be used by direct use and by storage in and subsequent release from Standley Lake, located in Sections 16, 17, 20, 21, 22, 27, 28 and 29, Township 2 South, Range 69 West, 6th P.M., Jefferson County, Colorado Farmers High Line Canal: The headgate of the Farmers High Line Canal as it presently exists and as it may be relocated in the future ("Farmers High Line Headgate"). The Farmers High Line Headgate is presently located on the north bank of Clear Creek in the NW 1/4 of the SW 1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. Water diverted through the Farmers High Line Canal under the exchanges will be used by direct use and by storage in and subsequent release from the following 11

12 reservoirs: Standley Lake: located in Sections 16, 17, 20, 21, 22, 27, 28 and 29, Township 2 South, Range 69 West, 6th P.M., Jefferson County, Colorado Croke Reservoir No. 12 (a.k.a. Croke and Badding Reservoirs): located in the S 1/2 of Section 15, Township 2 South, Range 68 West, 6th P.M., Adams County, Colorado Eastlake Reservoirs 1, 2 and 3: located in Sections 25, 35 and 36, Township 1 South, Range 68 West, 6th P.M., Adams County, Colorado Poitz Reservoir (a.k.a. Hunter s Glen Reservoir): located in the SW 1/4 of Section 26, Township 1 South, Range 68 West, 6th P.M., Adams County, Colorado Location of Points of Release of Substitute Supplies (ExchangeFrom Points): Clear Creek-South Platte Confluence: The confluence of Clear Creek and the South Platte River, which is currently located in the SW 1/4 of the SE 1/4 of Section 36, Township 2 South, Range 68 West, of the 6th P.M. in Adams County, Colorado Tani Outfall: The outlet of Tani Lakes (k/n/a South Tani Reservoir) on the South Platte River (the "Tani Outfall") is located on the South Platte River in the SE 1/4 of Section 25, Township 2 South, Range 68 West, of the 6th P.M., in Adams County, Colorado Metro Outfall. The outfall of the Robert W. Hite Treatment Facility (Metro Wastewater Reclamation District Plant) on the South Platte River as it currently exists and as it may be relocated in the future (the "Metro Outfall"). The Metro Outfall is currently located on the South Platte River near the section line between Sections 1 and 12, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado Source of Diversion by Exchange: Clear Creek and its tributaries, all tributary to the South Platte River Appropriation Date: November 8, Amounts: Lower Clear Creek Ditch Exchange-To Point: cfs, ABSOLUTE, cfs, CONDITIONAL Farmers High Line Canal Exchange-To Point: 200 cfs, CONDITIONAL Croke Canal Exchange-To Point: cfs, ABSOLUTE, cfs, CONDITIONAL 3.7. Uses of Water Diverted by Exchange: All municipal uses, including domestic, mechanical, manufacturing, industrial, power generation, including generation of electric power, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, fish culture, agricultural uses, maintenance and preservation of wildlife and aesthetic values, and for the replacement, adjustment and regulation including exchange and augmentation, of, among and with the units of the city of Thornton municipal water system within themselves and with other water users and water rights. Thornton shall have the right to a single use of water diverted by exchange of substitute supplies that have been decreed for only a single use. To the extent that water diverted by Thornton under the subject exchanges is fully replaced with reusable substitute supplies, Thornton has the right to use, reuse, successively use and dispose of to extinction, the water diverted by the subject exchanges Remarks: A map showing the location of the Exchange-To and Exchange-From Points is attached hereto as Exhibit A. 4. Detailed outline of what has been done toward completion, including expenditures: From May 27, 2009 through March 31, 2017, Thornton performed the following work and incurred the following costs, all or in part, concerning the remaining conditional portion of the Thornton Enlarged Clear Creek - South Platte River Exchange ( Subject Water Right ), including work and expenditures on specific structures integral to the diversion and use of the Subject Water Right and in the further development of Thornton s integrated water supply systems within which the Subject Water Right has been and will be placed to beneficial use. The work done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to present evidence of additional activities and costs at trial Thornton Integrated System Activities: During the relevant diligence period, Thornton has continued in the development and improvement of its Clear Creek and South Platte River water supply system including many of the structures used in the exercise of the Subject Water Right, and the eventual treatment and use of the water yielded by such right. Costs incurred by Thornton totaled approximately $19,849,000, and include the following: Ditch Company Assessments: Thornton paid assessments of approximately $1,609,000 for its share ownership in the Lower Clear Creek Ditch Company (LCC), Colorado Agricultural Ditch Company (COAg), Farmers High Line Canal and Reservoir Company and the Farmers Reservoir and Irrigation Company (FRICO) Standley Lake Operating Committee: Thornton, Westminster, Northglenn, and FRICO have an Agreement concerning ongoing cost-sharing associated with the daily and annual accounting for water diversion and storage in the Croke Canal and Standley Lake. Thornton paid $720,000 for its share of such costs during the 12