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District Court, Water Division 1, Colorado August 2018 Water Resume Publication To: All Persons Interested in Water Applications in Water Div

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District Court, Water Division 1, Colorado August 2018 Water Resume Publication To: All Persons Interested in Water Applications in Water Div DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2018 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, 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 AUGUST 2018 for each County affected. 18CW19 MARIANNE CROSSE, 36403 CR 21, Elizabeth, CO 80107. 303-646-1528. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 163871, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 5.6 acre tract of land lying in the NE1/4 SE1/4, S32, T7S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 18CW3124, Bernie Stephen Foster and Patricia Ann Foster, 5633 Flintwood Road, Parker, CO 80134 (James J. Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 7.7 acres located in the SE1/4NE1/4 of Section 17, T7S, R65W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 2.6 acre-feet, Lower Dawson: 1.1 acre-feet, Denver: 3.1 acre- feet, Arapahoe: 3.1 acre-feet, Laramie-Fox Hills: 2.2 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 2.6 acre- feet per year or the amount of available Upper Dawson aquifer groundwater as 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 water will be used on the Subject Property for in-house use in one residence and an office (0.35 acre-feet), irrigation of lawn, garden, and trees, including use on a tree farm (1.9 acre-feet), stockwatering of up to 8 large domestic animals (0.1 acre-feet), and fire protection and storage (0.3 acre-feet). Applicants reserve the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house 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 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system. 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. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises.(7 pages). 18CW3125 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (“WAS”), 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540. Please send all future correspondence and pleadings to: Bradley C. Grasmick, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Johnstown, CO 80531, Phone: (970) 622-8181. APPLICATION TO ADD WELLS TO THE WAS AUGMENTATION PLAN, in WELD COUNTY. 2. Structure to be Added and Augmented (“Added Wells”): 2.1 Names and Address of Well Owner: HS Land & Cattle, LLC, 20203 Hwy 60, Platteville, CO 80651. 2.4 Decree: W-2268. A decree was entered in Water Court, Division No. 1, on April 24, 1973, adjudicating the Added Wells for irrigation. Exhibit 1. 2.3 WAS Contract number 1201. Contract 1201 was approved May 3, 2018 allocating 102.45 acre-feet for the irrigation of 200 acres in part of the SE1/4 NE1/4 , NE1/4 SE1/4, S1/2 SE1/4, SE1/4 SW1/4 of Section 18, Township 4 North, Range 66 West, Weld County. Exhibit 2. 2.4 Permit: 8797; WDID: 0206016 2.4.1 ocation: NW1/4 NE1/4 Section 19, Township 4 North, Range 66 West. 2.4.2 Appropriation Date: December 31, 1933 2.4.3 Decreed Amount: 0.9 cfs 2.5 Permit: 8798; WDID: 0206017 2.5.1 Location: NW1/4 NE1/4 Section 19, Township 4 North, Range 66 West. 2.5.2 Appropriation Date: December 31, 1934 2.5.3 Decreed Amount: 1.0 cfs 2.6 Permit: 8818-F; WDID: 0206018 2.6.1 Location: NE1/4 NE1/4 Section 19, Township 4 North, Range 66 West. 2.6.2 Appropriation Date: December 14, 1957 2.6.3 Decreed Amount: 1.95 cfs 2.7 Permit: 4460-F; WDID: 0206019 2.7.1 Location: NE1/4 SE1/4 Section 18, Township 4 North, Range 66 West. 2.7.2 Appropriation Date: July 23, 1954 2.7.3 Decreed Amount: 2.0 cfs 3. Proposed Terms and Conditions. 3.1 The terms and conditions for the Added Wells will be the same as for the other Covered Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future well depletions will be those set out in the Decree at ¶¶16-19. The well will be subject to all the terms and conditions for operation as for other Covered Wells in the Decree. 3.2 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: Mean Harmonic Distance to Stream from Distance to Specific Transmissivity WDID Aquifer Boundary (ft) Stream from Well (ft) Yield (gpd/ft) (1) (2) (3) (4) 0206016 23,890 1,630 0.2 81,300 0206017 23,870 1,530 0.2 80,400 0206018 23,900 1,340 0.2 73,100 0206019 23,930 640 0.2 68,200 3.3 Out of priority depletions from pumping of the Added Wells will occur in Reach C1 and will be augmented by WAS. 4. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches. ¶22.2 of the Decree states: “In the event of the addition or deletion of a well under this plan pursuant to ¶¶11.1.2 and 11.1.3, the Court shall approve and order such adjustments to the percentages set forth in ¶¶22.2.1, 22.2.2, and 22.2.4 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, Exhibit 3. 4 pages, 3 exhibits. 18CW3126 (12CW66, 02CW132). TD&C, LLC (“Applicant”), Tamara D. Miller, Manager, 4560 Saint Vrain Road, Longmont, CO 80503. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, Weld County Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley, CO 80632. CONCERNING THE APPLICATION FOR WATER RIGHTS OF: TD&C, LLC, IN BOULDER COUNTY, COLORADO. APPLICATION TO MAKE PORTION OF CONDITIONAL RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, and telephone number of Applicant: TD&C, LLC (“Applicant”), Tamara D. Miller, Manager, 4560 Saint Vrain Road, Longmont, CO 80503. Direct all pleadings to: Steven J. Bushong (#21782), Cassidy L. Woodard (#48824), Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. 2. Name of Structures: a. Last Ditch Pond No. 1, b. Last Ditch Pond No. 2. 3. Description of conditional water rights: a. Last Ditch Pond No. 1, i. Decreed location: This pond located in the NW1/4 of the NE1/4 of Section 5, Township 2 North, Range 70 West of the 6th P.M., within 200 feet of a point located 1,250 feet from the North section line and 1,800 feet from the East section line of Section 5. ii. Source: The sources for Last Ditch Pond No. 1 are spring and seep areas tributary to Lykins Gulch, which is tributary to Dry Creek, which is tributary to St. Vrain Creek. The springs and seep areas that are the source lie below the Lake Ditch and its Branbury Lateral and flow into a natural drainage tributary to Lykins Gulch. The most upstream point of the springs and seeps is where the natural drainage tributary to Lykins Gulch starts to flow below the Lake Ditch and its Branbury Lateral at a point approximately 1,590 feet South of the North section line and 2,650 feet West of the East section line, of Section 5, Township 2 North, Range 70 West., iii. Appropriation Date: January 15, 1989., iv. Amount: 0.10 acre-feet, absolute; 2.90 acre-feet, conditional., v.
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