DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2019 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 MARCH 2019 for each County affected. 19CW12 RICHARD LOVELACE, 12868 Cottonwood Rd., Littleton, CO 80127. 303-697-8778. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN WHOLE OR IN PART IN JEFFERSON COUNTY. Date of original decree: 02-21-13, case 12CW204, WD1. Legal description of property: Lovelace owns approximately 128 acres of land that is located in the S1/2 NW1/4 and a portion of the N1/2 SW1/4 of S31, T6S, R69W, 6th PM. where all the wells are located. Amount: Lot 3 Well, permit 80773F, 3 gpm Absolute; Lots 1, 2, 4, 5, 6, 7 (permit 70774F) 8, 9, 15 gpm Conditional each. Appropriation date: 6-6-2017. Date water applied to beneficial for Lot 3: 7- 15-2017. Depth of well Lot 3; 1352 ft. Use: Domestic.
19CW13 McCLARY FARMS, 6821 CR 30, Sedgwick, CO 80749. 970-580-8977. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN SEDGWICK COUNTY. Irrigation Well. Corrected Legal description: 1235’ North and 2508’ West of the SW1/4 SE1/4 of S5, T11N, R46W, 6th PM. UTM coordinates: Northing 4536902; Easting 709764; Zone 13. Appropriation date:06-19-62; Date of original decree: 06-19-62; case W-2625, Weld County Combined Court.
**Missed being published in November, 2018** 18CW3199, Jeffery and Amber Michael, 23522 Glenmoor Drive, Parker, CO 80138 (James J. Petrock, Petrock & Fendel, 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, ELBERT COUNTY. 12 acres generally located in the W1/2 of Section 31, T7S, R64W of the 6th P.M., Elbert 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: 3.7 acre- feet, Lower Dawson: 1.9 acre-feet, Denver: 4.6 acre-feet, Arapahoe: 4.9 acre-feet, Laramie-Fox Hills: 3.5 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: All 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 for use in one residence, irrigation of lawn, garden, and trees, fire protection, and stockwatering use. Applicants reserve the right to amend these uses 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 Running Creek stream system. Return flows accrue to the South Platte River via Running 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. (6 pages).
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19CW3040 (96CW1137, 06CW20 and 12CW206), Tarryall River Club, Ltd., 27500 CR 77, Lake George, CO 80827 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR FINDING OF REASONABLE DILIGENCE, PARK COUNTY. Decree Information: Decreed on September 20, 1999, in Case No. 96CW1137, District Court, Water Division 1. A finding of reasonable diligence was decreed in Case No. 06CW20 on September 20, 2006. Name of structure: Bayou Salado Lake. Source of water: Tarryall Creek, tributary to South Platte River. Date of appropriation: October 19, 1996. Amount of water claimed: 195 acre-feet refill right (conditional). Uses: Non-consumptive recreation, wildlife habitat, and fish propagation. Location of Dam and Point of Diversion: The right abutment of the dam is located in an apparently undivided township which would appear to be in the NE1/4 of Section 32, T10S, R72W of the 6th P.M., at a point whence the NE corner of Section 31, T10S, R72W of the 6th P.M., bears N 64° 30' W, a distance of 3500 feet, more or less. Water is diverted through the Bayou Salado Inlet Ditch located on the right bank of Tarryall Creek in an apparently undivided township which would appear to be in the SW1/4 of Section 29, T10S, R72W of the 6th P.M., at a point from whence the NE corner of Section 31, T10S, R72W, bears S 86° W, a distance of 1750 feet, more or less. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved, including maintaining and making improvements to the reservoir, including the following: A. In 2014 Applicant replaced the inlet headgate to the lake at a cost of 12,000.00. B. In 2017 Applicant installed an Agri Drain in the dam to allow more efficient outflow of water from the lake at a cost of $35,000.00. C. Applicant has continued to maintain the area around the lake and dam, including mowing and spraying of weeds, and filling of animal holes, at a cost of $1742.00. D. During the diligence period, Applicant has continued to fill and operate the reservoir for its absolute amount of storage. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages).
19CW3041 Lower Poudre Augmentation Company, New Cache La Poudre Irrigating Company and the Cache La Poudre Reservoir Company, 33040 Railroad Avenue, P.O. Box 104, Lucerne, CO 80646, (970) 352-0222. Please send all future correspondence and pleadings to Daniel K. Brown, Esq., and Whitney Phillips, Esq., Fischer, Brown Bartlett & Gunn, P.C. , 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION TO ADD MEMBER WELLS IN CONSOLIDATED CASES 2004CW25/2006CW295 in LARIMER AND WELD COUNTIES. 2. Augmentation Plan: Applicant operates a plan for augmentation (“LPAC Plan”) decreed in Consolidated Case Nos. 2004CW25/2006CW295, Water Division No. 1, entered in this case on January 21, 2014 (“LPAC Decree”). Paragraph 24.1.1 of the LPAC Decree allows for the addition of Member Wells. 3The Well to be added to the LPAC Decree: The structures that are augmented in the LPAC Plan are listed on Exhibit C to the LPAC Decree. Applicants propose to add this well (“new well”) into the LPAC Decree as a structure to be augmented. 1/4 WDID Owner Twn Range Section / 1/4 Case No. Permit W(ft) X(Ft) T(gpd/ft) Sy 1/4 Lucerne 1- 0306049 Potato 6N 65W 18 SE SE W-2230 1427- 7,403 4,123 177,942 0.2 Growers R The new well will be operated and used, and all out-of-priority depletions replaced in accordance with the terms and conditions of the LPAC Decree. No decreed priorities are sought, nor are any changes of water rights decreed for the wells sought by this application. 4. Names and Addresses
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of Owners of the Structures: a. Well No. 1-1427-R is owned by Lucerne Potato Growers, c/o Ralph T. Anders, P.O. Box 14, Lucerne, Colorado 80646. 5. Names and Addresses of Land Owners: a. Lucerne Potato Growers, c/o Ralph T. Anders, P.O. Box 14, Lucerne, Colorado 80646. 3 pages.
19CW3042, (Case Nos. 2010CW243 and 87CW309) TOWN OF CASTLE ROCK, Attn: Mark Marlowe, Utilities Director, 175 Kellogg Court, Castle Rock, CO 80109, (720)733- 6002, [email protected]. Serve all pleadings on: Jeffrey J. Kahn and Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776- 9900, [email protected], [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE A CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE in DOUGLAS COUNTY. 2. Name of Water Right: Appropriative Right of Exchange from the Confluence of East and West Plum Creek to East Plum Creek Well Field and the Meadows Well Field 2.1. Previous Decrees for this Conditional Water Right: Case No. 87CW309, District Court, Water Division No. 1, entered on January 18, 1995; Case No. 2010CW243, District Court, Water Division No. 1, entered on March 1, 2013. 2.2. Downstream Terminus: Confluence of East and West Plum Creek, in the SW1/4 SE1/4 Section 23, T. 7 S., R. 68 W., 6th P.M., Douglas County. 2.3. Upstream Termini: Wells in the East Plum Creek Well Field (Castle Rock Well Nos. 2, 3, 4, 8, 9, 11, 12, 13, 78 to 87 inclusive) and the Meadows Well Field (Castle Rock Well Nos. 184 to 203 inclusive). 2.3.1. Castle Rock Well No. 2, located in NE1/4 SE1/4, Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, 1535 feet from the south line and 1300 feet from the east line of Section 11. 2.3.2. Castle Rock Well No. 3, located in NW1/4 SE1/4, Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, at a point approximately 1980 feet north and 1710 feet west of the SE corner of Section 11. 2.3.3. Castle Rock Well No. 4, located in NE1/4 NW1/4, Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, 530 feet from the north line and 1910 feet from the west line of Section 11. 2.3.4. Castle Rock Well No. 8, located in NE1/4 NW1/4, Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, 270 feet from the north line and 1930 feet from the west line of Section 11. 2.3.5. Castle Rock Well No. 9, located in SE1/4 SW1/4, Section 2, T. 8 S., R. 67 W., 6th P.M., Douglas County, at a point approximately 660 feet north and 1600 feet east of the SW corner of Section 2, a/k/a at Rock and Elbert Streets.2.3.6. Castle Rock Well No. 11, located in SW1/4 NW1/4, Section 14, T. 8 S., R. 67 W., 6th P.M., Douglas County, at a point approximately 2600 feet south of the north line and 900 feet east of the west line of said Section 14. 2.3.7. Castle Rock Well No. 12, located in NW1/4 SW1/4, Section 14, T. 8 S., R. 67 W., 6th P.M., Douglas County, at a point approximately 2450 feet north of the south line and 500 feet east of the west line of said Section 14. 2.3.8. Castle Rock Well No. 13, located in NW1/4 SW1/4, Section 14, T. 8 S., R. 67 W., 6th P.M., Douglas County, at a point approximately 2100 feet north of the south line and 400 feet east of the west line of said Section 14. 2.3.9.. Castle Rock Well No. 78, located in SE1/4 NE1/4, Section 22, T. 8 S., R. 67 W., 6th P.M., Douglas County, 1750 feet from the north section line and 800 feet from the east section line. 2.3.10. Castle Rock Well No. 79, located in SE1/4 NE1/4, Section 22, T. 8 S., R. 67 W., 6th P.M., Douglas County, 2300 feet from the north section line and 800 feet from the east section line. 2.3.11. Castle Rock Well No. 80, located in NE1/4 SE1/4, Section 22, T. 8 S., R. 67 W., 6th P.M., Douglas County, 2300 feet from the south section line and 800 feet from the east section line. 2.3.12. Castle Rock Well No. 81, located in SW1/4 NW1/4, Section 2, T. 8 S., R. 67 W., 6th P.M., Douglas County, 1050 feet from the west section line and 2000 feet from the north section line. 2.3.13. Castle Rock Well No. 82, located in NW1/4 NW1/4 Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, 1100 feet from the west section line and 1000 feet from the north section line. 2.3.14.. Castle Rock Well No. 83, located in SE1/4 NW1/4 Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, 1500 feet from the west section line and 2100 feet from the north section line. 2.3.15. Castle Rock Well No. 84, located in SW1/4 NE1/4 Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, 2500 feet from the east section line and 2300 feet from the north section line. 2.3.16. Castle Rock Well No. 85, located in NE1/4 SW1/4 Section 11, T. 8 S., R. 67 W, 6th P.M., Douglas County, 1600 feet from the west section line and 2200 feet from the south section line. 2.3.17. Castle Rock Well No. 86, located in SE1/4 SE1/4 Section 11, T. 8 S., R. 67 W., 6th P.M., Douglas County, 600 feet from the east section line and 1000 feet from the south section line.
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2.3.18. Castle Rock Well No. 87, located in SW1/4 SW1/4 Section 14, T. 8 S., R. 67 W., 6th P.M., Douglas County, 1300 feet from the west section line and 100 feet from the south section line. 2.3.19. Castle Rock Well No. 184, located in SE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2150 feet from the north section line and 200 feet from the east section line. 2.3.20. Castle Rock Well No. 185, located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1700 feet from the north section line and 20 feet from the west section line. 2.3.21. Castle Rock Well No. 186, located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1325 feet from the north section line and 350 feet from the west section line. 2.3.22. Castle Rock Well No. 187, located in NE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 750 feet from the north section line and 600 feet from the east section line. 2.3.23. Castle Rock Well No. 188, located in NE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1200 feet from the north section line and 800 feet from the east section line. 2.3.24. Castle Rock Well No. 189, located in SE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1650 feet from the north section line and 1050 feet from the east section line. 2.3.25. Castle Rock Well No. 190, located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2025 feet from the north section line and 1075 feet from the west section line. 2.3.26. Castle Rock Well No. 191, located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2400 feet from the north section line and 750 feet from the west section line. 2.3.27. Castle Rock Well No. 192, located in NW1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2550 feet from the south section line and 375 feet from the west section line. 2.3.28. Castle Rock Well No. 193, located in NW1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2150 feet from the south section line and 1300 feet from the west section line. 2.3.29. Castle Rock Well No. 194, located in NW1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1875 feet from the south section line and 900 feet from the west section line. 2.3.30. Castle Rock Well No. 195, located in NE1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1700 feet from the south section line and 2400 feet from the west section line. 2.3.31. Castle Rock Well No. 196, located in NE14/ SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1400 feet from the south section line and 1950 feet from the west section line. 2.3.32. Castle Rock Well No. 197, located in SE1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1150 feet from the south section line and 1550 feet from the west section line. 2.3.33. Castle Rock Well No. 198, located in SW1/4 SE1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas county, 750 feet from the south section line and 2400 feet from the east section line. 2.3.34. Castle Rock Well No. 199, located in SE1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas county, 500 feet from the south section line and 2425 feet from the west section line. 2.3.35. Castle Rock Well No. 200, located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 25 feet from the north section line and 1800 feet from the east section line. 2.3.36. Castle Rock Well No. 201, located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 300 feet from the north section line and 2250 feet from the east section line. 2.3.37 Castle Rock Well No. 202, located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1050 feet from the north section line and 1500 feet from the east section line. 2.3.38. Castle Rock Well No. 203, located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1250 feet from the north section line and 1950 feet from the east section line. 2.4. Source: Consumptive use credits from the Benjamin Quick, John Kinner, John Kinner No. 2 and Huntsville Ditches, quantified and changed in Case No. 87CW309, District Court, Water Division No. 1. 2.5. Appropriation Date: March 25, 1992. 2.6. Exchange Rate: 2.02 cfs, conditional, cumulative for all wells. 2.7. Uses: All municipal, industrial, storage, exchange, replacement and augmentation uses. 2.8. Amount Claimed Absolute: 0.86 cfs. 2.8.1. Date Made Absolute: September 25, 2016 for all municipal, industrial, storage, exchange, replacement and augmentation uses. 2.8.2. Amount Remaining Conditional: 1.16 cfs. 2.9. Map. A map showing the location of the exchange termini is attached as EXHIBIT A. 3. Integrated Water Supply System. The conditional water right is a component part of Applicant’s integrated water supply system, which consists of tributary water rights, augmentation plans, appropriative rights of exchange, conditional water rights, non-tributary groundwater rights and reusable effluent. Pursuant to C.R.S. § 37-92-301(4)(B), work on one component of the system shall be considered in finding that reasonable diligence has been shown for all components of the system. 4. Work done toward completion of the appropriation from March 2013 to March 2019: During the relevant diligence
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period, Applicant has incurred more than $30 million to conduct the following work specific to this conditional water right and on its integrated system. 4.1. Participated in the Chatfield Storage Reallocation Project (“Project”) at a cost of approximately $4.1 million by: 4.1.1. Obtaining Corps of Engineers (“Corps”) approval of the Project, which reallocated 20,600 acre-feet of storage space in Chatfield Reservoir and authorized the Colorado Department of Natural Resources (“DNR”) to use the storage space for various uses, including municipal use. 4.1.2. Obtaining a Water Storage Agreement between the Corps and the DNR to allow the DNR to utilize the reallocated storage space and to assign the space to other water providers. 4.1.3. Obtaining an assignment of 461 acre-feet of storage space in Chatfield Reservoir from DNR through a Water Provider Agreement. 4.1.4. Obtaining an option from the Colorado Water Conservation Board (“CWCB”) to purchase 1539 additional acre-feet of storage space in Chatfield Reservoir. 4.1.5. Creating the Chatfield Reservoir Mitigation Company to complete work necessary to operate the Project. 4.1.6. Defending against litigation filed by the Audubon Society related to the Project. 4.2. Investigated, designed and constructed Castle Rock Well Nos. AL-1, AL-2, AL-8, AL-9, AL-16, AL- 18, and AL-20 in the Central (Meadows) Well Field, at a cost of approximately $970,000. 4.3. Designed and constructed horizontal lateral arms for Castle Rock Well Nos. AL-16, AL-18 and AL-20 at a cost of approximately $1,999,000. 4.4. Rehabilitated and upgraded the metering vault, controls and pumping equipment for Castle Rock Well Nos. AL-78, AL-79 and AL-80, at a cost of approximately $78,000. 4.5. Conducted water quality studies of the alluvial groundwater aquifer in the Central Well Field (also known as the Meadows Well Field), at a cost of approximately $21,000. 4.6. Studied water quality, studied alluvium characteristics, modified the vaults, replaced the flow meters and added variable frequency drives for Castle Rock Well No. 79 (Heckendorf Well No. 2) and Castle Rock Well No. 80 (Heckendorf Well No. 3), at a cost of approximately $86,000. 4.7. Rehabilitated Castle Rock Well No. 12R, including rebuilding the pump, installing a new flow meter, adding variable frequency drives, building a new control panel and programming the panel, at a cost of approximately $28,500. 4.8. Designed and constructed horizontal well replacements for Castle Rock Well Nos. 11R, 12R, 13R at a cost of approximately $1,221,600. 4.9. Rehabilitated and replaced alluvial well pumping equipment at a cost of approximately $123,500. 4.10. Designed and constructed Castle Rock Diversion 1 at a cost of approximately $750,000. 4.11. Completed the following work related to the Plum Creek Water Purification Facility:4.11.1. Designed and constructed the Plum Creek Water Purification Facility with a treatment capacity of 4 MGD at a cost of approximately $2,941,000. 4.11.2. Purchased and installed an additional Pall membrane equipment rack with a treatment capacity of 2 MGD at a cost of approximately $1,006,000. 4.11.3. Conducted a Plum Creek Water Purification Facility Planning Study with jar testing at a cost of approximately $20,000. 4.11.4. Created a Basis of Design Report for the Plum Creek Water Purification Facility advanced treatment project (including biologically active carbon (BAC) filtration system) at a cost of approximately $87,000. 4.11.5. Hired consultants for negotiating and implementing contracts related to the advanced treatment project at a cost of approximately $25,000. 4.11.6. Completed pilot testing related to the advanced treatment project, including BAC filtration, as required by Colorado Department of Health and the Environment at a cost of approximately $200,000. 4.11.7. Began design of the Plum Creek Water Purification Facility’s advanced treatment with a treatment capacity of 12 MGD at a cost of approximately $1,300,000. 4.11.8. Relocated generator from PS Miller Water Treatment Plant to Plum Creek Water Purification Facility at a cost of approximately $120,000. 4.11.9. Conducted an aquifer storage and recovery pilot study associated with Plum Creek Water Purification Facility at a cost of approximately $500,000. 4.12. Conducted studies, designed and constructed the expansion to Plum Creek Water Reclamation Authority’s wastewater treatment plant at a cost of approximately $3,000,000. 4.13. Purchased and designed upgrades to the Plum Creek Diversion and Castle Rock Reservoir Nos. 1 and 2 (also known as Sedalia Reservoir) at a cost of approximately $11,300,000. 4.14. Began and/or continued to adjudicate Water Court applications in Case Nos. 09CW166, 12CW296. 13CW3028, 16CW3178, 16CW3102, 17CW3044, 17CW3128, 17CW3161 and 17CW3211, at a cost of more than $376,700. 4.15. Opposed applications that could injure Applicant’s water rights, including this water right, in Case Nos. 04CW292, 04CW293, 05CW270, 09CW262, 09CW275, 09CW279, 10CW261, 10CW263, 11CW18, 11CW180, 11CW215, 12CW75, 14CW3045, 14CW3054, 15CW3016, 15CW3148, 15CW3181, 16CW3112, 16CW3138, 17CW3122, 17CW3176,
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18CW3038, 18CW3039 and 18CW3066. 4.16. Conducted legal and engineering work to determine whether to acquire certain senior water rights for use in Applicant’s municipal water system. 5. Owner of land upon which the structures are or will be located: 5.1. Castle Rock Well Nos. 2, 3, 80, 85, 86 and Douglas Lane Pipeline are located on land owned by Douglas County Board of County Commissioners, 100 Third Street, Castle Rock, CO 80104. 5.2. Castle Rock Well Nos. 4, 8, 9, 11, 12, 13, 81, 84 and 87 are located on land owned by Applicant. 5.3. Castle Rock Well No. 78 is located on land owned by Michael and Irene Vander Meulen, P. O. Box 1077, Castle Rock, CO 80104. 5.4. Castle Rock Well No. 79 is located on land owned by Sheldon G Boone Testamentary Family Trust c/o Margaret Boone, P.O. Box 656, Castle Rock, CO 80104. 5.5. Castle Rock Well Nos. 82 and 83 are located on land owned by Colorado Dept. of Transportation, 2829 W. Howard Place, Denver, CO 80204. 5.6. Castle Rock Well Nos. 184 through 203 are located on land owned by Castle Rock Land Co. LLC, c/o Castle Rock Development Co., 3033 E. First Avenue, Suite 305, Denver, CO 80206. WHEREFORE, Applicant respectfully requests the Court enter a decree finding that Applicant has made a portion of the conditional water right absolute and has been reasonably diligent in perfecting the remaining portion of the conditional water right. Pages in Application: 10
19CW3043, (Case Nos. 2010CW244 and 87CW240) TOWN OF CASTLE ROCK, Attn: Mark Marlowe, Utilities Director, 175 Kellogg Court, Castle Rock, CO 80109, (720)733- 6002, [email protected]. Serve all pleadings on: Jeffrey J. Kahn and Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776- 9900, [email protected], [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in DOUGLAS COUNTY. 2. Description of Conditional Water Right: Appropriative Right of Exchange from Plum Creek Wastewater Reclamation Authority Wastewater Treatment Plant Discharge to Castle Rock Well 80 (exchange formerly referred to as Appropriative Right of Exchange from Castle Pines Waste Water Treatment Plant Discharge to Douglas Lane Pipeline) 2.1. Previous Decrees for this Conditional Water Right: Case No. 87CW240, District Court, Water Division No. 1 entered on May 11, 1989; Case No. 2010CW244, District Court, Water Division No. 1 entered on March 1, 2013. 2.2. Downstream Terminus: Plum Creek Wastewater Reclamation Authority wastewater treatment plant point of discharge, located in the SW1/4 SW1/4 Section 21, T. 7 S., R. 67 W., 6th P.M., Douglas County. 2.3. Upstream Terminus: Castle Rock Well 80 (Heckendorf Well No. 3), in the NE1/4 SE1/4 Section 22, T. 8 S., R. 67 W., 6th P.M., 2300 feet from the south section line and 800 feet from the east section line of Section 22, Douglas County. 2.4. Source: Consumptive use credits decreed to the Hillside and Cook Creek Ditches, quantified and changed in Case No. 87CW240, District Court, Water Division No. 1. 2.5. Appropriation Date: November 27, 1987. 2.6. Uses: All municipal, industrial, storage, replacement, exchange and augmentation uses. 2.7. Amount: 1.6 cfs total of which 0.8 cfs was decreed absolute in Case No. 87CW240 and of which 0.8 cfs remains conditional. 2.8. Amount Claimed Absolute: Not applicable. 2.9. Map. A map showing the location of the exchange termini is attached as EXHIBIT A. 2.10. Remarks: In Case No. 10CW244, Applicant abandoned this conditional exchange to the extent that it operates to Douglas Lane Pipeline, in the NE1/4 SE1/4 Section 22, T. 8 S., R. 67 W., 6th P.M., 2250 feet from the south section line and 800 feet from the east section line of Section 22. Following the abandonment, CR 80 became the most upstream terminus of the exchange. The exchange operates to the structures described in 7.A. through 7.K and 7.M. through 7.S. to 29.C. of the decree in Case No. 87CW240. 3. Integrated Water Supply System. The conditional water right is a component part of Applicant’s integrated water supply system, which consists of tributary water rights, augmentation plans, appropriative rights of exchange, conditional water rights, non-tributary groundwater rights and reusable effluent. Pursuant to C.R.S. § 37-92-301(4)(B), work on one component of the system shall be considered in finding that reasonable diligence has been shown for all components of the system. 4. Work done toward completion of the appropriation from March 2013 to March 2019: During the relevant diligence period, Applicant has incurred more than $30 million to conduct the following work specific to this conditional water right and on its integrated system. 4.1. Participated in the Chatfield Storage Reallocation Project (“Project”) at a cost of approximately $4.1 million by: 4.1.1. Obtaining Corps of Engineers
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(“Corps”) approval of the Project, which reallocated 20,600 acre-feet of storage space in Chatfield Reservoir and authorized the Colorado Department of Natural Resources (“DNR”) to use the storage space for various uses, including municipal use. 4.1.2. Obtaining a Water Storage Agreement between the Corps and the DNR to allow the DNR to utilize the reallocated storage space and to assign the space to other water providers. 4.1.3. Obtaining an assignment of 461 acre-feet of storage space in Chatfield Reservoir from DNR through a Water Provider Agreement. 4.1.4. Obtaining an option from the Colorado Water Conservation Board (“CWCB”) to purchase 1539 additional acre-feet of storage space in Chatfield Reservoir. 4.1.5. Creating the Chatfield Reservoir Mitigation Company to complete work necessary to operate the Project. 4.1.6. Defending against litigation filed by the Audubon Society related to the Project. 4.2. Investigated, designed and constructed Castle Rock Well Nos. AL-1, AL-2, AL-8, AL-9, AL-16, AL- 18, and AL-20 in the Central (Meadows) Well Field, at a cost of approximately $970,000. 4.3. Designed and constructed horizontal lateral arms for Castle Rock Well Nos. AL-16, AL-18 and AL-20 at a cost of approximately $1,999,000. 4.4. Rehabilitated and upgraded the metering vault, controls and pumping equipment for Castle Rock Well Nos. AL-78, AL-79 and AL-80, at a cost of approximately $78,000. 4.5. Conducted water quality studies of the alluvial groundwater aquifer in the Central Well Field (also known as the Meadows Well Field), at a cost of approximately $21,000. 4.6. Studied water quality, studied alluvium characteristics, modified the vaults, replaced the flow meters and added variable frequency drives for Castle Rock Well No. 79 (Heckendorf Well No. 2) and Castle Rock Well No. 80 (Heckendorf Well No. 3), at a cost of approximately $86,000. 4.7. Rehabilitated Castle Rock Well No. 12R, including rebuilding the pump, installing a new flow meter, adding variable frequency drives, building a new control panel and programming the panel, at a cost of approximately $28,500. 4.8. Designed and constructed horizontal well replacements for Castle Rock Well Nos. 11R, 12R, 13R at a cost of approximately $1,221,600. 4.9. Rehabilitated and replaced alluvial well pumping equipment at a cost of approximately $123,500. 4.10. Designed and constructed Castle Rock Diversion 1 at a cost of approximately $750,000. 4.11. Completed the following work related to the Plum Creek Water Purification Facility: 4.11.1. Designed and constructed the Plum Creek Water Purification Facility with a treatment capacity of 4 MGD at a cost of approximately $2,941,000. 4.11.2. Purchased and installed an additional Pall membrane equipment rack with a treatment capacity of 2 MGD at a cost of approximately $1,006,000. 4.11.3. Conducted a Plum Creek Water Purification Facility Planning Study with jar testing at a cost of approximately $20,000. 4.11.4. Created a Basis of Design Report for the Plum Creek Water Purification Facility advanced treatment project (including biologically active carbon (BAC) filtration system) at a cost of approximately $87,000. 4.11.5. Hired consultants for negotiating and implementing contracts related to the advanced treatment project at a cost of approximately $25,000. 4.11.6. Completed pilot testing related to the advanced treatment project, including BAC filtration, as required by Colorado Department of Health and the Environment at a cost of approximately $200,000. 4.11.7. Began design of the Plum Creek Water Purification Facility’s advanced treatment with a treatment capacity of 12 MGD at a cost of approximately $1,300,000. 4.11.8. Relocated generator from PS Miller Water Treatment Plant to Plum Creek Water Purification Facility at a cost of approximately $120,000. 4.11.9. Conducted an aquifer storage and recovery pilot study associated with Plum Creek Water Purification Facility at a cost of approximately $500,000. 4.12. Conducted studies, designed and constructed the expansion to Plum Creek Water Reclamation Authority’s wastewater treatment plant at a cost of approximately $3,000,000. 4.13. Purchased and designed upgrades to the Plum Creek Diversion and Castle Rock Reservoir Nos. 1 and 2 (also known as Sedalia Reservoir) at a cost of approximately $11,300,000. 4.14. Began and/or continued to adjudicate Water Court applications in Case Nos. 09CW166, 12CW296. 13CW3028, 16CW3178, 16CW3102, 17CW3044, 17CW3128, 17CW3161 and 17CW3211, at a cost of more than $376,700. 4.15. Opposed applications that could injure Applicant’s water rights, including this water right, in Case Nos. 04CW292, 04CW293, 05CW270, 09CW262, 09CW275, 09CW279, 10CW261, 10CW263, 11CW18, 11CW180, 11CW215, 12CW75, 14CW3045, 14CW3054, 15CW3016, 15CW3148, 15CW3181, 16CW3112, 16CW3138, 17CW3122, 17CW3176, 18CW3038, 18CW3039 and 18CW3066. 4.16. Conducted legal and engineering work to determine whether to acquire certain senior water rights for use in Applicant’s municipal water system. 5. Owner of land upon which the structures are or will be located: 5.1 Castle Rock Well 80 is located on land owned by
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Douglas County Board of County Commissioners, 100 Third Street, Castle Rock, CO 80104. 5.2. Plum Creek Regional Wastewater Reclamation’s point of discharge is located on land owned by Plum Creek Wastewater Reclamation Authority, 5880 Country Club Drive, Castle Rock, CO 80108. 6. WHEREFORE, Applicant respectfully requests the Court enter a decree finding that Applicant has been reasonably diligent in perfecting the conditional water right. Pages in Application: 7
19CW3044 The Consolidated Home Supply Ditch and Reservoir Company, c/o Minerva Lee, President, P.O. Box 1548, Berthoud, Colorado 80513. Please send all further pleadings to: Brent A. Bartlett, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. 2. Name of the structure: Lon Hagler Reservoir. 3. Description of conditional water rights and previous decrees: With this Application, The Consolidated Home Supply Ditch and Reservoir Company (“Home Supply”) seeks a finding of reasonable diligence of the Lon Hagler Reservoir Refill right. The original Decree and subsequent diligence applications have authorized a refill right for the irrigation of lands supplied by Home Supply. 3.1. Original Decree: October 2, 1980, Case No. 80CW091, District Court, Water Division 1. 3.2. Findings of Reasonable Diligence: April 25, 1985, Case No. 84CW197, District, Court, Water Division 1. July 25, 1991, Case No. 88CW121, District, Court, Water Division 1. July 13, 1999, Case No. 97CW159, District, Court, Water Division 1. July 27, 2006, Case No. 05CW190, District, Court, Water Division 1. March 11, 2013, Case No. 12CW182, District Court, Water Division 1. 3.3. Legal description: Commencing at a point which is S 78°37’45” W, 3,529.04 feet from the SE corner of Section 29, Township 5 North, Range 69 West, 6th P.M., thence N 87°20’ W, 973.00 feet; thence S 73°55’ W, 920.00 feet; thence N 73°55’ W, 1,052.77 feet; thence N 16°05’ W, 400.00 feet; thence N 16°30’ E, 1,315.55 feet; thence N 45°00’ E, 690.00 feet; thence S 86°00’ E, 620.00 feet; thence N 70°04’00” E, 1,432.72 feet; thence S 87°04’ E, 1,075.10 feet; thence S 43°34’ E, 420.00 feet, thence S 00°11’ W, 1,678.00 feet; thence S 62°40’W, 1,358.00 feet to the point of beginning. 3.4. The source of water: Big Thompson River 3.5. The date of appropriation: August 21, 1979 3.6. The amount of water: 1,778 acre feet, ABSOLUTE 3,529.81 acre feet, CONDITIONAL 3.7. The use of the water: Irrigation of lands supplied by The Consolidated Home Supply Ditch and Reservoir. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: 4.1. During this due diligence period, Applicant consistently maintained and improved Lon Hagler Reservoir in a manner that will allow for full storage and diversion of water that is legally and physically available. Applicant also regularly maintained its ditches and diversion structures and continued to supply water to its stockholders. The Long Hagler Reservoir is part of an integrated mutual irrigation system involving a number of reservoirs and canals supplying water to area agricultural interests and municipal users. Home Supply has demonstrated continued intent and progress toward diverting the conditional water rights for the refill but said water has not been available for diversion in an amount over 1,778 acre feet during this diligence period. Home Supply reserves the right to assert and demonstrate that during the diligence period other or additional activities have been undertaken or accomplished toward completion of the appropriation. 5. Claim to Make Absolute: 5.1. Amount: None over the original amount of 1,778 Acre feet decreed in Case No. 80CW091. 5.2. Continuation of Conditional Rights: 3,529.81 acre feet CONDITIONAL 6. Names and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant is the owner of land upon which the structure is located. The Consolidated Home Supply Ditch and Reservoir Company, c/o Minerva Lee, President, P.O. Box 1548, Berthoud, Colorado 80513 WHEREFORE, Applicant respectfully requests a ruling and decree for the following: A. That the Court has considered Applicant’s work on the Lon Hagler Reservoir refill right and has concluded that Applicant has proceeded with the requisite reasonable diligence in the development of its water rights for Lon Hagler; and B. That the Court award Applicant an additional six-year diligence period to make the remaining 3,529.81 acre feet of the conditionally decreed water right absolute. 4 pages.
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19CW3045 COMPLAINT FOR INJUNCTIVE RELIEF, PENALTIES, AND COSTS. PLAINTIFFS: THE PEOPLE OF THE STATE OF COLORADO, ex rel; KEVIN G REIN, State Engineer, and COREY DEANGELIS, Division Engineer for Water Division 1, 1300 Broadway, 7th floor, Denver, CO 80203 v. DEFENDANT; MICHAEL ALEXANDER, 29681 MCR C, Brush. CO 80723.
18CW3046 City of Thornton, Infrastructure Department, Division of Water Resources,12450 North Washington St., Thornton, CO 80241, (720) 977-6600. Attorney: Joanne Herlihy, Esq., Senior Assistant City Attorney, City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) 538-7210. VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE AND TO MAKE PARTIALLY ABSOLUTE IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Structures: Farmers High Line Canal, Croke Canal, Colorado Agricultural Ditch, Lower Clear Creek Ditch, Standley Lake, Croke Reservoir No. 12, Hunters Glen Reservoir, Tani Lakes, Brannan Lakes. 3. Description of conditional water rights: 3.1. Original Decree: September 14, 1992, Case No. 90CW230, District Court, Water Division 1 (“Original Decree”). 3.2. Subsequent Decrees Awarding findings of diligence: Since the Original Decree entered September 14, 1992, timely applications for findings of reasonable diligence have been filed in accordance with Colorado law. Final decrees have been entered granting each such application, finding that Thornton has exercised reasonable diligence in the development of the water rights in Case Numbers: 3.2.1. 2009CW70 (March 15, 2013), District Court, Water Division 1 (making an additional 13 cubic feet per second (“cfs”) of the Colorado Agricultural Ditch (direct flow) right absolute thus completing the appropriation); and 3.2.2. 1998CW381 (June 9, 2003), District Court, Water Division 1 (making: 12.7 cfs of the Farmers High Line Canal (direct flow) right absolute; 60 cfs of the Croke Canal (direct flow) right absolute thus completing the appropriation; 17 cfs of the Colorado Agricultural Ditch (direct flow) right absolute; 5346.3 acre-feet (“AF”) of the Standley Lake (storage) right absolute; and 227.3 AF of the Brannan Lake (storage) right absolute). 3.3. Location of Structures: 3.3.1. Farmers High Line Canal: The headgate is located on the north bank of Clear Creek in the NW1/4 of the SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, a short distance downstream from the Ford Street Bridge across Clear Creek in the City of Golden, Colorado, at a point approximately 950 feet east and 1500 feet north of the SW corner of said Section 27. 3.3.2. Croke Canal: The headgate is located on the north bank of Clear Creek in the NW1/4 of the NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P. M., Jefferson County, at a point approximately 2700 feet west and 2400 feet south of the NE corner of said Section 26. 3.3.3. Colorado Agricultural Ditch: The headgate of the Colorado Agricultural Ditch is a combined headgate with the Lower Clear Creek Ditch and is located on the north bank of Clear Creek in the SW1/4 of the SE1/4 of Section 4, Township 3 South, Range 68 West of the 6th P.M., Adams County, at a point approximately 1400 feet west and 1200 feet north of the SE corner of said Section 4. 3.3.4. Lower Clear Creek Ditch: The headgate of the Lower Clear Creek Ditch is a combined headgate with the Colorado Agricultural Ditch as described in Paragraph 3.3.3 above. 3.3.5. Standley Lake: The dam is located in the SE1/4 of Section 16, the NE1/4 of Section 21, and the W1/2 of the W1/2 of Section 22, all in Township 2 South, Range 69 West of the 6th P.M., Jefferson County. The reservoir is located in Sections 16, 17, 20, 21, 22, 27, 28, and 29, Township 2 South, Range 69 West of the 6th P.M., Jefferson County. 3.3.6. Croke Reservoir No. 12: The east dam embankment is located in the SW1/4 of the SE1/4 of Section 15, Township 2 South, Range 68 West of the 6th P.M., Adams County. The west dam embankment is located in the SE1/4 of the SW1/4 of Section 15, Township 2 South, Range 68 West of the 6th P.M., Adams County. The reservoir is located in the W1/2 of the SE1/4 and the E1/2 of the SW1/4 of Section 15, Township 2 South, Range 68 West of the 6th P.M., Adams County, just north of the intersection of Highway I-25 and Thornton Parkway. 3.3.7. Hunters Glen a/k/a Poitz Reservoir: The east dam embankment is located in the SE1/4 of the SW1/4 of Section 26, Township 1 South, Range 68 West of the 6th P.M., Adams County. The west dam embankment is located in the W1/2 of the SW1/4 of Section 26, Township 1 South, Range 68 West of the 6th P.M., Adams County. The reservoir is located in the SW1/4 of Section 26, Township 1 South, Range 68 West of the 6th P.M., Adams County. 3.3.8. Tani Lakes a/k/a East Gravel Lakes: Located in Sections 25 and 36, Township 2 South, Range 68 West of the 6th P.M., and in Sections 30 and 31,
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Township 2 South, Range 67 West of the 6th P.M., all in Adams County. 3.3.9. Brannan Lakes: Located in the SW1/4 of Section 35, Township 2 South, Range 68 West of the 6th P.M., Adams County, Colorado. 3.4. Source: Clear Creek and its tributaries, all tributary to the South Platte River. 3.5. Appropriation Date: March 23, 1990. 3.6. Amounts Decreed: 3.6.1. Farmers High Line Canal (direct flow): 87.3 cfs, Conditional. 3.6.2. Standley Lake (storage): 3.6.2.1. Amount: 6,653.7 AF, Conditional. 3.6.2.2. Rate of Diversion to Fill: 3.6.2.2.1. 186.5 cfs through the Farmers High Line Canal, Conditional; 3.6.2.2.2. 99.2 cfs through the Croke Canal, Conditional. 3.6.3. Croke Reservoir No. 12 (storage): 3.6.3.1. Amount: 213.0 AF, Conditional. 3.6.3.2. Rate of Diversion to Fill: 30 cfs through the Farmers High Line Canal and Tuck Lateral, Conditional. 3.6.4. Hunters Glen a/k/a Poitz Reservoir (storage): 3.6.4.1. Amount: 60.0 AF, Conditional. 3.6.4.2. Rate of Diversion to Fill: 25.0 cfs through the Farmers High Line Canal, Conditional. 3.6.5. Tani Lakes a/k/a East Gravel Lakes (storage): 3.6.5.1. Amount: 4,000 acre-feet, Conditional. 3.6.5.2. Rate of Diversion to Fill: 30 cfs combined through the Lower Clear Creek Ditch and/or the Colorado Agricultural Ditch, Conditional. 3.6.6. Brannan Lake (storage): 3.6.6.1. Amount: 1,272.7 AF, Conditional. 3.6.6.2. Rate of Diversion to Fill: 30.1 cfs through the Lower Clear Creek Ditch, Conditional. 3.7. Uses: By direct flow, and/or after storage and subsequent release from the reservoirs identified herein, for irrigation, agricultural, commercial, industrial and all municipal uses, including but not limited to domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, agricultural, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation, and replacement, adjustment and regulation of Thornton’s water supply system, including exchange within Thornton’s system and with other users. Thornton will use the water diverted within the Thornton service area as it presently exits and as it may exist in the future, and in any location capable of service from any of the points of diversion and storage identified herein. 3.8. Remarks: See Exhibit A, attached and incorporated herein by reference, for a map of the structures and facilities described above. 4. Provide a detailed outline of what has been done toward completion, including expenditures: From March 16, 2013 through March 31, 2019, Thornton performed the following work and incurred the following costs, all or in part, concerning the remaining conditional portions of the water rights subject of the application (“Subject Water Rights”), including work and expenditures on specific structures integral to the diversion and use of the Subject Water Rights and in the further development of Thornton’s integrated water supply systems within which the Subject Water Rights have 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 in support of this application: 4.1. Thornton Integrated System Activities: During the 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 Rights, and the eventual treatment and use of the water yielded by such rights. Costs incurred by Thornton totaled approximately $19,298,000, and include the following: 4.1.1. Ditch Company Assessments: Thornton paid assessments of approximately $1,348,000 for its share ownership in the Lower Clear Creek Ditch Company (LCC), Colorado Agricultural Ditch Company (COAg), Farmers High Line Canal (FHL), and the FRICO-Standley Lake Division. 4.1.2. LCC and COAg Carriage and Maintenance Agreement: Under a carriage and maintenance agreement with the LCC and COAg, Thornton paid approximately $100,000 for its share of operating expenses. 4.1.3. FHL Carriage Agreement: Under a carriage agreement with FHL, Thornton paid approximately $1,110 for the right to use excess capacity in the ditch. 4.1.4. Standley Lake Operating Committee: As a member of the Standley Lake Operating Committee, Thornton is responsible for a third of operating and maintenance costs involving Standley Lake. During the relevant diligence period: 4.1.4.1. Thornton paid operating costs of $655,000. 4.1.4.2. Thornton spent approximately $31,000 for the replacement of outlet bypass lines in the Standley Lake Dam Valve Shaft. 4.1.4.3. Thornton spent approximately $139,000 to repair leaking concrete joints in the emergency spillway at Standley Lake. 4.1.5. Standley Lake Pipeline Rehabilitation and Replacement: Thornton spent approximately $647,000 to perform a Cathodic Protection Longitudinal Resistance Survey and repairs to disbonded joints, mortar and test stations for the Thornton and Northglenn jointly owned section of the Standley Lake Pipeline. 4.1.6. COAg Diversion Structure: During the diligence
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period, Thornton spent approximately $63,000 to replace one of its diversion structures on the CoAg ditch, including a new gate, diversion structure, flume and the removal of debris onsite and installation of rip rap up- and down-stream of the existing structure. 4.1.7. Water Quality Monitoring: During the relevant diligence period, Thornton spent approximately $2,775,000 on water quality monitoring and sampling of its Clear Creek raw water collection system including Standley Lake. 4.1.8. Wes Brown Water Treatment Plant (WBWTP) Projects: The Subject Water Rights can be treated at WBWTP prior to being distributed to Thornton customers. During the diligence period, the following projects occurred at the WBWTP: 4.1.8.1. Thornton spent approximately $148,000 on alternate coagulant. 4.1.8.2. Thornton spent approximately $107,000 for the construction of platforms, ladders, and fall restraints inside of four clarifiers. 4.1.8.3. Thornton spent approximately $6,471,000 for the repair and replacement of membrane modules. 4.1.8.4. Thornton spent approximately $90,000 to repair the clarifier linings to prevent critical damage of basin walls. 4.1.8.5. Thornton spent approximately $2,052,000 for WBWTP Treatment Plant Process Optimization including chemical process equipment improvements, a CIP neutralization tank project, mixing equipment improvements, electrical system improvements, and design and engineering. 4.1.9. Thornton Water Treatment Plant (TWTP) Projects: The Subject Water Rights can be treated at TWTP prior to being distributed to Thornton customers. During the diligence period, the following projects occurred at the TWTP: 4.1.9.1. Thornton spend approximately $14,000 on repairing two plant clarifiers; 4.1.9.2. Thornton spend approximately $3,973,000 on the replacement of the aging Thornton Water Treatment Plant for land acquisition, pilot testing, facility planning and design, construction of the plant, and a new solids pipeline from the TWTP to the WBWTP. 4.1.10. South Tani Underdrain Repairs: During the diligence period, Thornton spent approximately $74,000 to repair a damaged underground drain adjacent to the South Tani Reservoir. 4.1.11. Water Court: Thornton has actively participated in water court proceedings to protect the water rights decreed in Case No. 90CW230. Legal and engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water rights portfolio, including the Subject Water Rights during the diligence period were approximately $817,000. 5. If claim to make absolute: 5.1. Dates and Amounts: 5.1.1. Farmers High Line Canal (direct flow). On June 20, 2011, Thornton diverted 29.93 c.f.s. of this conditional right, and subsequently placed it to beneficial use, thereby making this amount absolute. 5.2. Uses: As described in paragraph 3.7 above. 5.3. Description of place where water was applied to beneficial use: All water applied to beneficial use pursuant to the decree in Case No. 90CW230 was used within the Thornton water service area. 6. Names and addresses of owners or reputed owners of land on which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be located, or upon which water is or will be stored: All diversion and storage structures named in this application currently exist and do not need modification to exercise the Subject Water Rights. WHEREFORE, Thornton respectfully requests that this Court enter an order: 1) finding the facts as set forth above; 2) that 29.93 c.f.s. of the Farmers High Line Canal (direct flow) conditional right has been made absolute; 3) finding that Thornton has exercised reasonable diligence in the development of the remaining conditional water rights; 4) continuing such rights in full force and effect for a period of six years after entry of the Court’s decree herein; and 5) for such other and further relief as this Court deems just and proper. (12 pages).
19CW3047, Kimberly Pike, 10474 Chinook Trail, Parker, CO 80138 (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 AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 5 acres being the W1/2SW1/4SW1/4SE1/4 of Section 32, T6S, R65W 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 37-90-103(10.7), C.R.S., and the Lower Dawson is nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 1 acre-foot, Lower Dawson: 1 acre-foot. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property.
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Groundwater to be augmented: 1 acre-foot per year of 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 underlying the Subject Property as decreed in Case No. 08CW68. There is 1.4 ace-feet per year of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property of which 1 acre-foot per year will be used in this case. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for use in two residences, irrigation of lawn, garden, and trees, and stockwatering use on the Subject Property, through an existing well (Permit No. 5883). Applicant reserves the right to amend these uses 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 Applicant 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. Applicant 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. (5 pages).
19CW3048, Bent T Ranch, LLC, 11505 Spring Valley Road, Larkspur, CO 80118 (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 DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, DOUGLAS COUNTY. 40.2 acres located in the SE1/4 of Section 9, T10S, R66W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90- 103(10.5), C.R.S. Estimated Amounts: Dawson: 29 acre-feet, Denver: 30 acre-feet, Arapahoe: 27 acre-feet, Laramie-Fox Hills: 12 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 4 acre-feet per year of 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 Dawson aquifer groundwater will be used on the Subject Property for in-house use in one residence, commercial, irrigation of lawn, garden, trees, and agricultural products, including in greenhouses, stockwatering and fire protection, through a new or existing well (Permit No. 244241). Applicant reserves the right to amend the values without amending the application or republishing the same. Applicant’s existing well is located within 600 feet of a Dawson aquifer well located off of the Subject Property and the owner of that well has waived any 600 foot spacing issue for the wells (Attachment B). Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house use and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant 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. Applicant 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. (7 pages).
19CW3049 Jarred Sater 27556 WCR 46, Kersey, CO 80644, (970) 396-3804. Please send all future correspondence and pleadings to Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd, Ste. 1, Johnstown, CO 80534, Telephone: 970-622-8181. APPLICATION FOR
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CONDITIONAL UNDERGROUND WATER RIGHT, in WELD COUNTY. 2. Applicant seeks a Decree approving additional irrigated acreage for an existing decreed and permitted water right for Applicant's well, for a total of 145 irrigated acres irrigated with the well. 3. Name of Wells and Permit and Registration Numbers: 3.1 Name of Well: Lang Well No. 12191 ("the Well") 3.2 Permit Number: 12191-R 3.3. WDID: 0107378 4. Previous Decrees: 4.1 Case No. W-2312, Division One Water Court, entered by the Division One Water Judge on November 5, 1975. 4.1.1 Source: Groundwater 4.1.2 Date of Appropriation: June 7, 1954 4.1.3 Amount of Water: 2.22 cfs 4.1.4 Use: Irrigation of 80 acres in the E/2SW/4 of Section 15, T4N-R64W 5. Legal Description of the Well: 5.1 Location: The SE/4 of the SW/4 of Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado, at a point 234 feet North and 2632 feet East of the SW Corner or said Section 15. 6. Source of Water: Groundwater tributary to the South Platte River 7. Depth of Well (Completed): 63.5 feet 8. Date of Appropriation: Date of filing of this Application. 8.1 How appropriation was initiated: Formation of intent to appropriate and the filing of this Application. 8.2 Date water applied to beneficial use: N/A. 9. Withdrawal of Tributary Groundwater: 9.1 Amount claimed in Gallons Per Minute (GPM): 1000 gpm 9.2 Amount claimed in cubic feet per second: 2.22 10. Augmentation Plan: 10.1 Applicant is a member of the Augmentation Plan operated by the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District ("GMS"), Case No. 02CW335. All out-of-priority depletions from the Well shall be replaced pursuant to the Plan. Depletions will be replaced 50% attributed to a June 7, 1954 priority date and 50% attributed to a 2019 priority date determined by the date of the filing of this Application. A corresponding new water court application to add the new water right to the Well in GMS Case No. 02CW335 and in order to add the additional irrigated acres to the GMS Plan is pending and was filed contemporaneously with this Application. 11. Proposed Uses: 11.1 Irrigation of 65 Acres in the W/2SW/4 of Section 15, Township 4 North, Range 64 West, 6th P.M. See Exhibit A. 11.2 Number of Acres Historically Irrigated: As approved by the Decree in Case No. W-2312, Applicant has historically irrigated 80 acres in the E/2SW/4 of Section 15, T4N-R64W. See Exhibit B. 11.3 Combined new total of Irrigated Acres requested in the SW/4 of Section 15, T4N- R64W: 145 acres. See Exhibit A. 12. Names and addresses of owner(s) or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed: Applicant is the owner of all lands that are the subject of this Application. 4 pages, 2 exhibits.
19CW3050 Groundwater Management Subdistrict of the Central Colorado Water Conservancy, 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540. Please send all future correspondence and pleadings to Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd, Ste. 1, Johnstown, CO 80534, Telephone: 970-622-8181. APPLICATION TO ADD WELL TO AUGMENTATION PLAN, in WELD COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02W335. ¶14.5 of the decree in Case No. 02CW335 ("Decree") allows the addition of wells to the plan subject to notice and terms and conditions. 3. Decreed Name of Structure. 3.1 Lang Well No. 12191 (the "Well"). 3.1.1 Name of Owner. Jarred Sater, 27556 WCR 46, Kersey, CO 80644. 3.1.2 Previous Decree W-2312. A decree was entered in Water Court, Water Division No. 1, Case No. W-2312 on November 5, 1975 adjudicating the Lang Well No. 12191 in The SE/4 of the SW/4 of Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado, at a point 234 feet North and 2632 feet East of the SW Corner of said Section 15 in the amount of 2.22 cubic feet per second with an appropriation date of June 7, 1954 for irrigation of 80 acres in the E/2 of the SW/4 of Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. See Exhibit 1. 3.1.3 GMS Contract. The Lang Well No. 12191 is included in the GMS plan for augmentation decreed in Case No. 02CW335 and has GMS Contract No. 961. See Exhibit 2. 4. Proposed Addition. Applicant proposes to allow the Lang Well No. 12191 to irrigate an additional 65 acres in the W/2SW/4 of Section 15, Township 4 North, Range 64 West, 6th P.M., for a total of 145 decreed irrigated acres in the SW/4 of Section 15, T4N-R64W. See Exhibit 3. The Well Owner currently has a pending Water Court Application which is requesting approval of a new conditional water right to irrigate additional acres in the SW/4 of Section 15 with the Well. The Well will be limited to its decreed flow rate and will only divert the volume of water allocated annually
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pursuant to Owner's GMS Contract which is currently 125.6 acre-feet consumptive use at 100% quota. 5. Proposed Terms and Conditions. 5.1 The terms and conditions for the Well 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 ¶17.3. The Well will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 5.2 Net Stream Depletions. Depletions resulting from the consumptive use of the 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 parameters as previously Decreed in Table 1 of the Final Decree in Case No. 02CW335. 5.3 GMS can and will make replacement of out-of-priority depletions from the Well in accordance with the Decree in 02CW335. All out-of-priority depletions from the Well shall be replaced pursuant to the Plan. Depletions will be replaced 50% attributed to a June 7, 1954 priority date and 50% attributed to a 2019 priority date to be determined by the date of filing of Well Owners’ corresponding application. 6. Applicant requests the court entering a decree approving a change of use allowing the irrigation of up to 145 acres in the SW/4 of Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado by the Lang Well No. 12191, limiting the well to its decreed flow rate and limiting the volume of water annually consumed pursuant to the Well's GMS Contract which currently totals 125.6 acre-feet consumptive use at 100% quota. See Exhibit 2. Applicant requests that Table 1 to the GMS Decree in 02CW335 be amended to reflect the decreed change. 4 pages, 2 exhibits.
19CW3051 Lardyn Consulting, LLC (“Lardyn”), 18413 CR 42.5, Sterling, CO 80751, Telephone: 970-522-2821. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART in LOGAN COUNTY. All correspondence and communications should be addressed to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Stacy L. Brownhill, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln, Suite 3500, Denver, Colorado 80202, Telephone: (303) 863-7500. 2. Names and Descriptions of Wells. 2.1. Shop Well. 2.1.1. Original Decree. The original decree was entered by the Water Court, Water Division 1, on March 15, 2013, in Case No. 10CW268. 2.1.2. Legal Description of Well. The Shop Well is located in the NW1/4 NE1/4 of Section 19, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado on land owned by Lardyn. The well is located 730 feet from the north section line, and 2225 feet from the east section line. 2.1.3. Source. Ground water tributary to the South Platte River and its tributaries. 2.1.4. Appropriation Date. January 25, 2011. 2.1.5. Decreed Amount. 50 g.p.m., conditional. 2.1.6. Uses. Fully consumptive stock watering, feedlot, commercial, and industrial uses. 2.2. Windmill Well. 2.2.1. Original Decree. The original decree was entered by the Water Court, Water Division 1, on March 15, 2013, in Case No. 10CW268. 2.2.2. Legal Description of Well. The Windmill Well is located in the NW1/4 NE1/4 of Section 19, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado on land owned by Lardyn. The well is located 1112 feet from the north section line, and 2518 feet from the east section line. 2.2.3. Source. Ground water tributary to the South Platte River and its tributaries. 2.2.4. Appropriation Date. October 29, 2010. 2.2.5. Decreed Amount. 50 g.p.m., conditional. 2.2.6. Uses. Fully consumptive stock watering, feedlot, commercial, and industrial uses. 3. Outline of Work Done Towards Completion of the Appropriations. Lardyn, a Nebraska limited liability company, acquired the subject conditional water rights from Two Mile Ranch, a Colorado general partnership, in April 2017. During the diligence period, Lardyn has taken the following actions toward completion of the subject conditional water rights: 3.1. The Shop Well has been in continuous operation during the diligence period supplying water for the feedlot on the property owned by Lardyn, and previously, Two Mile Ranch. North Sterling Irrigation District’s diversion records for the Shop Well are attached as Exhibit A. 3.2. North Sterling Irrigation District’s diversion records show that the Shop Well water right was in priority and pumping 14.87 g.p.m. (i.e., 2.0 acre-feet per month or 24.0 acre-feet per year) in February 2013 for commercial purposes at the feedlot. See Exhibit A. 3.3. Applicant plans to begin construction of the Windmill Well in Spring 2019 depending on weather and a pending land use application before the Logan County Commissioners. 3.4. Applicant
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has actively protected the subject water rights from potential injury by performing monthly reviews of the Water Division 1 water court resume to determine whether the filing of statements of opposition was necessary to protect its water rights in Water Division 1, including these conditional water rights. 4. Claim to Make Water Rights Absolute in Part. During this diligence period, Applicant has made absolute a total of 14.87 g.p.m. of the conditional right for the Shop Well. 5. Names and addresses of owner of land upon which any new diversion or storage structure or modification to an existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. No new diversion or storage structures are or will be constructed and no modifications to existing diversion or storage structures or existing storage pool are or will be constructed. The land on which the Shop Well and Windmill Well are located is owned by Lardyn. WHEREFORE, Applicant Lardyn Consulting, LLC requests that this Court find that (1) Applicant has exercised reasonable diligence in the development of the conditional water rights described above and those portions not made absolute herein; (2) Applicant has made absolute 14.87 g.p.m. of the Shop Well right; and (3) for such other relief, which it deems proper. (5 pages, 1 exhibit)
19CW3052. KRAIN RANCH LLC, c/o Leon J. Krain, Manager, 1801 Bassett Street #1-206, Denver CO 80202. 480.993.6024. APPLICATION FOR SURFACE WATER RIGHT, IN PARK COUNTY. (Application 5 pages including attachment.) 1. Name and address of Applicant: Krain Ranch LLC, c/o Leon J. Krain, Manager, 1801 Bassett Street #1-206, Denver CO 80202. Direct all pleadings and communications to Cynthia F. Covell, Andrea L. Benson, and Gilbert Y. Marchand, Jr., Alperstein & Covell P.C., 1600 Broadway, Suite 1070, Denver, CO 80202. 2. Name of Structure: McCartney Ditch, Krain Enlargement. 3. Legal Description: The location of the headgate of the McCartney Ditch was corrected in the decree entered in Case No. 02CW240-A, Water Court, Water Division No. 1 (February 22, 2008), to reflect the actual historical location. The correct legal description of the headgate of the McCartney is the SW1/4 of the SE1/4 of Section 22, Township 8 South, Range 76 West of the 6th P.M., 364 feet from the south section line and 1758 feet from the east section line of said Section 22, in Park County, Colorado. The headgate is shown on Attachment A to the application. 4. Source: Tarryall Creek, tributary to the South Platte River. 5. A. Date of Appropriation: August 26, 2014. B. How appropriation was initiated: Diversion of water at the McCartney Ditch headgate during free river conditions in 2014, with the consent of the water commissioner, and delivery of that water via the McCartney Ditch (also known as the Packer Ditch, and shown on Attachment A as the Packer Ditch) to the Upper McCartney Ditch, as shown on Attachment A, for irrigation of a portion of the Krain Ranch that lies on the north side of County Road 34 and is not irrigated by other water rights. C. Date water applied to beneficial use: August 26, 2014. 6. Amount claimed (cfs): 5.0 cfs absolute for irrigation. 7. A. Number of acres irrigated: Approximately 138 acres, as shown on Attachment A. B. Legal description of irrigated lands: Within a 169-acre parcel (“Subject Property”) owned by Applicant and described as follows: A tract of land located in the Southeast 1/4 and the Southwest 1/4 of Section 24, Township 8 South, Range 76 West of the 6th P.M., Park County, Colorado, more particularly described as follows: Beginning at the East 1/4 corner of said Section 24; thence S 00°20'37" E along the East line of the Southeast 1/4 of said Section 24, 1834.55 feet to a point on the apparent North right of way line of Park County Road 34; thence along said apparent right of way line the following nine courses: 1. N 75°53'58" W, 220.40 feet; 2. N 69°55'15" W, 316.50 feet; 3. N 63° 18'02" W, 529.30 feet; 4. N 68°23'48" W, 201.79 feet; 5. N 77°35'07" W, 198.32 feet; 6. N 86°45'17"W, 180.03 feet; 7. N 89°53'19 " W, 3521.53 feet; 8. S 87°46'44"W, 124.22 feet; 9. N 80°09'57"W, 182.63 feet to a point on the West line of the Southwest ¼ of said Section 24; thence N 01°23'55"W along said West line, 1265.46 feet to the West 1/4 corner of said Section 24; thence N 89°54'19''E along the East-West centerline of said Section 24, 5390.41 feet to the Point of Beginning. Street address is 1015 County Road 34, Jefferson, Colorado 80456. 8. Name and address of owner of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: There will be no new diversion structure, or modification to any diversion structure, and this water will not be stored. Applicant owns the Subject Property on which the water will be used for irrigation. 9. Remarks. Applicant owns land in Park County
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on both the north side and the south side of County Road 34 (also known as “Packer Road”). The McCartney Ditch, Krain Enlargement will be used only on the Subject Property as described in this application, which is located on the north side of County Road 34. Applicant also owns property on the south side of County Road 34 which is irrigated by Applicant’s interest in the McCartney Ditch, Priority 199, as described in the decree in Case No. 02CW240-A (February 22, 2008, W.D. 1). Pursuant to that decree, water is diverted at the McCartney Ditch headgate for delivery via the McCartney Ditch and the Lower McCartney Ditch to the property on the south side of County Road 34. The McCartney Ditch, Krain Enlargement, applied for in this case, will not be used to irrigate the Applicant’s property on the south side of County Road 34. Applicant will measure and account for diversions and deliveries of water pursuant to 02CW240-A as required in that decree, and for diversions and deliveries of water pursuant to the McCartney Ditch, Krain Enlargement as provided in the decree entered upon this application.
19CW3053, Kitco Investments of Colorado, LLC, 109 Bozeman Trail, Elizabeth, CO 80107 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENTATION, ELBERT COUNTY. Decree information: Decreed in Case No. 96CW135, on May 30, 1997. Applicant is the owner of the groundwater decreed in Case No. 96CW135 underlying 120 acres of land located in the W1/2SW1/4 of Section 27 and the NW1/4NW1/4 of Section 34, T8S, R65W, Elbert County, Colorado, as shown on Attachment A hereto (Subject Property). Groundwater to be augmented: 8.25 acre-feet per year of not nontributary Upper Dawson aquifer groundwater underlying the Subject Property as decreed in Case No. 96CW135. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 96CW135. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used to serve up to 11 lots on the Subject Property through individual wells. Each well will withdraw 0.75 acre-feet per year for in-house use in one residence, irrigation of lawn, garden, and trees, and stockwatering use. Applicant reserves the right to revise the annual amount to be withdrawn and proposed uses without having to amend or republish this application. Sewage treatment for in house use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of that use and return flow from irrigation use will be approximately 15% of that use. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S., and Applicant estimates that the majority of actual depletion occurs to the Running Creek stream system. Return flows from in-house and irrigation use will accrue to the South Platte River system via Running Creek and those return flows are sufficient to replace actual depletion while the subject groundwater is being pumped. An equal amount of nontributary groundwater as decreed in Case No. 96CW135 will be reserved 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. (4 pages).
19CW3054, Robert and Cheryl Wahl, 38636 County Road 5, Elizabeth, CO 80107 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENTATION, ELBERT COUNTY. Decree information: Decreed in Case No. 04CW294, on July 26, 2005. Applicants are the owners of 42 acres of land which is the subject of the decree, generally located in the NW1/4 of Section 23, T7S, R65W, Elbert County, Colorado, as shown on Attachment A hereto (Subject Property). Applicants are the owners of the groundwater decreed in Case No. 04CW294, underlying the Subject Property. Groundwater to be augmented: Up to 10.8 acre-feet per year of not nontributary Upper Dawson aquifer groundwater decreed in Case No. 04CW294 described above. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 04CW294 and owned by Applicants. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for in-house use in up to three residences, agricultural irrigation, including lawn, garden, trees, hay and pasture, fire protection, stockwatering, storage, and replacement purposes, on the Subject Property. Applicants reserve the right to revise the annual amount to
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be withdrawn and proposed uses without having to amend or republish this application. Sewage treatment for in house use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of that use and return flow from irrigation use will be approximately 15% of that use. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S., and Applicants estimate that actual depletion occurs to the Running Creek stream system. Return flows from in-house and irrigation use will accrue to the South Platte River system via Running Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. An equal amount of nontributary groundwater as decreed in Case No. 04CW294 will be reserved 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. (4 pages).
2019CW3055 COORS BREWING COMPANY; 1801 California Street, Suite 4600, Denver, CO 80202. Stephen H. Leonhardt, Esq., Joshua P. Odén, Esq.; BURNS, FIGA & WILL, P.C.; 6400 South Fiddler’s Green Circle, Suite 1000, Greenwood Village, CO 80111; (303) 796-2626. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ADAMS, CLEAR CREEK AND JEFFERSON COUNTIES. 2. Name of structures from and to which water is to be exchanged: Coors’s Jefferson Storage System Reservoirs, Standley Lake Reservoir, Croke Canal, Farmers High Line Canal, Agricultural Ditch, Wannamaker Ditch, Rocky Mountain Ditch, Coors Industries Ditch, and Lower Clear Creek Ditch. 3. Description of Decreed Conditional Appropriative Rights of Substitution and Exchange: 3.1. Original Decree: Case No. 88CW272, entered July 20, 1990, Water Division 1. 3.2. Location: The reach of Clear Creek throughout which water will be exchanged is between the point of diversion of the Agricultural Ditch at the uppermost end of that reach and, downstream, the point of diversion of the Lower Clear Creek Ditch at the lower end of that reach. Exchanges may be made to intermediate points within that reach of Clear Creek. 3.3. Source: The sources of supply for the exchanges to be made in the exercise of the conditional appropriative rights of exchange decreed in Case No. 88CW272 are from waters diverted or stored in the exercise of the water rights decreed to the structures listed in paragraph 5.1 of this Application that Coors has a right to use or the waters diverted to or stored in those facilities in Coors’s exercise of the rights decreed in Case Nos. W-8036(75) and W-8256(76) (consolidated), as modified by decree in Case No. 88CW271, and Case No. 89CW234. 3.4. Appropriation Date: December 15, 1988. 3.5. Amount: 759 acre- feet during the period from November 1 through the next succeeding March 31 at a maximum rate of flow of 5.0 c.f.s., conditional. 3.6. Use: For all of the purposes for which water may lawfully be used through the structures to which the exchanges are to be made. Irrigation, domestic, mechanical, manufacturing, generation of power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, trees, lawns, and grounds, recreation, golf club, storage reserves, replacement, adjustments to and regulation of the Jefferson Storage System with other uses, ground water storage and recharge, and exchange. 4. Further Description of Exchange: The conditional appropriative rights of substitution and exchange described in this Application were decreed in Case No. 88CW272 to be exercised in conjunction with the rights adjudicated in Case No. 88CW268, and in Consolidated Case Nos. W-8036(75) and W- 8256(76), as modified by decree entered in Case No. 88CW271, and in Case Nos. 88CW206 and 89CW234. This substitution and exchange allows Coors, rather than curtailing its diversion from Clear Creek, to provide a supply of water to protect “Croke Season yield,” as that term is defined in 88CW272, and which may be required under paragraphs 7 and 9 of the Agreement dated May 23, 1988 and recorded at Reception Number 88049909, also known as the Cosmic Agreement (and filed with this Court in Case No. 88CW268), to make available for storage in Standley Lake Reservoir to the account of the City of Westminster or the account of the Farmers Reservoir and Irrigation Company (“FRICO”) Irrigators for the benefit of the City of Northglenn a substitute supply under the decree in Case No. 88CW272 for such purposes from other sources controlled by Coors, as described in paragraph 13 of the decree in Cases Nos. W-8036/W-8256 and the decree in Case No. 88CW271. In exchange for providing this substitute supply, Coors may divert water from Clear Creek upstream from the headgate of the Croke Canal that would otherwise be available for diversion into that canal in the exercise of the March 4, 1902 water rights decreed to the Standley Lake Reservoir. To the extent return flows resulting from the exchanges described in this Application exceed
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requirements for replacement flows below the Croke Canal, but no more than an average taken weekly of 11.0 c.f.s., and no more than a maximum instantaneous flow rate of 13.2 c.f.s., Coors may divert through the Lower Clear Creek Ditch or other subsequently approved facilities and store all such increased flow that is not required to discharge its replacement flow obligations under the decree in Consolidated Cases No. W-8036(75) and W-8256(76) as modified in Case No. 88CW271 in the West Gravel Lakes lying below the Lower Clear Creek Ditch. The exchange from West Gravel Lakes to Coors’s exchange delivery points of diversion (the Agricultural Ditch, the Farmers High Line Canal, the Wannamaker Ditch, the Rocky Mountain Ditch, and the Coors Industries Ditch Alternate Point of Diversion #3) was separately decreed in Case No. 88CW268. 5. Description of Exchange Structures: 5.1. Structures from which Water are Supplied in Substitution for Diversions by Exchange from Clear Creek: 5.1.1. Coors Jefferson Storage System Reservoirs: 5.1.1.1. Lake B-2 (from 88CW206): Located on a parcel of land in the SW1/4 of Section 24, T3S, R70W of the 6th P.M., Jefferson County, Colorado, more particularly described as follows: Beginning at the Northeasterly corner of said parcel from whence the Center quarter corner of said Section 24 bears N 62°37'40" E for a distance of 398.86 feet: thence S 00°08'36" W for a distance of 207.41 feet; thence S 00° 10' 24" E for a distance of 412.72 feet; thence S 22°15'36" W for a distance of 188.40 feet to a point on the Northerly right-of-way of State Highway 58; thence S 76°05'36" W along said right-of-way for a distance of 922.20 feet; thence continuing along said right-of-way S 78°13'06" W for a distance of 114.01 feet to the intersection on the Southerly right-of-way of the Croke Canal; thence N 32°38'36" E along said Croke Canal right-of-way for a distance of 120.72 feet; thence continuing along said right-of-way N 57°21'24" W for a distance of 75.00 feet; thence N 32°38'36" E along said Canal right-of-way for a distance of 915.58 feet to the intersection of the Southerly right-of-way of West 44th Avenue; thence N 69°45'00" E along said right-of-way for a distance of 368.45 feet to the Point of Beginning, containing 14.82 acres more or less. Point of diversion: On the left bank of Clear Creek at a point whence the NE Corner of Section 27, T3S, R70W of the 6th P.M., bears N 38°17.5' E, 2099.64 feet (more commonly known as the headgate of the Wannamaker Ditch). Source: Clear Creek. Amount: 300 acre-feet, absolute. Appropriation Date: October 1965 (Duke’s Lake Reservoir). 5.1.1.2. B-6 Lake (from 88CW206): Located on a parcel of land in the NE 1/4, SE1/4, Section 23, T3S, R70W of the 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at a point on the Southeasterly corner of said parcel and the Northerly right-of-way of the Burlington Northern Railroad from whence the East quarter corner of said Section 23 bears N 08°03'04" E for a distance of 947.43 feet; thence S 59°44'42" W along said Northerly railroad right- of-way for a distance of 1044.52 feet to a point of intersection of the Northerly right-of-way of West 44th Avenue; thence S 73°54'56" W along said right-of-way for a distance of 177.45 feet to the intersection on the Easterly right-of-way of Salvia Street; thence N 01°51'49" E for a distance of 243.86 feet to a point of intersection on the Southeasterly right-of-way of the Farmers Highline Canal; thence N 42°32'36" E along said Canal for a distance of 69.81 feet to a point of curve; thence on a curve to the left which curve has a central angle of 81°56'00" a radius of 408.20 and an arc length of 134.86 feet to a point of tangent; thence N 23°36'37" E along said Canal right-of-way for a distance of 347.63 feet to a point of curve to the left which curve has a central angle of 19°30'40" a radius of 360.66 feet and an arc length of 122.79 feet to a point of tangent; thence N 04°05'57" E along said Canal right-of-way for a distance of 344.40 feet to a point of curve to the right which curve has a central angle of 05°02'00" a radius of 1067.53 feet and an arc length of 93.75 feet to a point of tangent; thence N 09°07'56" E along said Canal right-of-way for a distance of 231.32 feet to a point of curve which curve has a central angle of 24°11'37" a radius of 316.61 feet and an arc length of 133.67 feet to a point of tangent; thence N 33°19'34" E along said Canal right-of-way for a distance of 164.26 feet to a point of curve which curve has a central angle of 14°49'45" a radius of 316.07 feet and an arc length of 81.79 feet to the point of tangent; thence N 48°09'19" E along said Canal right-of- way for a distance of 517.59 feet; thence S 27°26'14" E for a distance of 623.40 feet; thence S 00°00'00" E for a distance of 964.32 feet to the Point of Beginning, containing 34.48 acres more or less. Point of Diversion: Through the Wannamaker Ditch at a point on the North bank of Clear Creek in the NE1/4 of Section 27, T3S, R70W of the 6th P.M., whence the NE Corner of said Section 27 bears N 38º17.5' E, 2099.64 feet. Source: Clear Creek. Amount: 700 acre-feet, absolute. Appropriation Date: October 1965 (Summers Reservoir). 5.1.1.3. B-7 Lake (from 88CW206): Located on a parcel of land in the SW1/4 of
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Section 24 and in the SE1/4 of Section 23, T3S, R70W of the 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at the Northwesterly corner of said parcel which is on the Southerly right-of-way of 44th Avenue, from whence the Southeast corner of said Section 23 bears S 14°28'29" E a distance of 1418.70 feet; thence S 28°21'00" E for a distance of 225.71 feet to a point on the Northerly right-of-way of the Croke Canal to a point of curve to the right which curve has a central angle of 05°17'53" a radius of 974.12 feet and an arc length of 90.08 feet to a point of reverse curve to the left which curve has a central angle of 06°15'17" a radius of 1392.30 feet and an-arc length of 147.94 feet to a point on the East line of said Section 23; thence N 02°51'17" W for a distance of 10.00 feet to a point of curve to the left which curve has a central angle of 03°54'43" a radius of 1382.37 feet and an arc length of 94.38 feet to a point of compound curve to the left which curve has a central angle of 15°45'00" a radius of 768.45 feet and an arc length of 211.24 feet to a point of reverse curve; thence continuing along said Canal right-of-way on said reverse curve to the right which curve has a central angle of 11°40'00" a radius of 909.42 feet and an arc length of 185.18 feet to a point of tangent; thence continuing on said Canal right-of- way N 79°09'00" E for a distance of 545.77 feet to a point of curve to the left which curve has a central angle of 46°30'24" a radius of 514.36 feet and an arc length of 417.50 feet to a point of tangent; thence N 32°38'36" E for a distance of 718.13 to a point on the Southerly right-of-way of West 44th Avenue; thence along said 44th Avenue right-of-way S 69°45'00" W for a distance of 772.28 feet; thence continuing on said right-of-way N 20°15'00" W for a distance of 20.00 feet; thence S 69°45'00" W for a distance of 355.03 feet to the Easterly property line of Public Service Company property; thence along said property S 20°15'00" E for a distance of 259.72 feet; thence continuing along said property S 69°45'00" W for a distance of 294.26 feet; thence continuing along said property N 27°25'00" W for a distance of 261.76 feet to the Southerly right-of-way of West 44th Avenue; thence along said right-of-way S 69°45'00" W for a distance of 308.56 feet; thence continuing along said right-of-way S 38°14'36" E for a distance of 27.46 feet to a point of curve to the left which curve has a central angle of 04°58'00" a radius of 1919.57 feet and an arc length of 166.41 feet to a point of tangent; thence continuing along said right-of-way S 59°44'00" W for a distance of 344.28 feet to the Point of Beginning, containing 18.25 acres more or less. Point of diversion of the structure used to fill the Reservoir: Through the Wannamaker Ditch at a point on the North bank of Clear Creek in the NE1/4 of Section 27, T3S, R70W of the 6th P.M., Jefferson County, Colorado, whence the NE Corner of said Section 27, bears N 38°17.5' E, 2099.64 feet. Source: Clear Creek. Amount: 280 acre-feet, absolute; 220 acre-feet, conditional. Appropriation Date: October 1965 (Summers Reservoir). 5.1.1.4. Clinton Reservoir (from W-152): Said reservoir is located in the SE1/4, SW1/4 of Section 24, and in the NE1/4, NW1/4 of Section 25, T3S, R70W of the 6th P.M., Jefferson County, Colorado. Point of diversion: from the right bank of Clear Creek at a point whence the SW Corner of Section 24, T3S, R70W of the 6th P.M. bears S 0º E, 700 feet. Amount: 1,100 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. 5.1.1.5. Crawford Reservoir (from W-152): Said reservoir is located in the SW1/4, SW1/4 of Section 24 and in the NW1/4, NW1/4 of Section 25, T3S, R70W of the 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SW Corner of Section 24, T3S, R70W of the 6th P.M. bears S 0º W, 700 feet. Amount: 1,000 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. 5.1.1.6. Wanemaker (Wannamaker) Reservoir (from W-152): Said reservoir is located in the SE1/4, SE1/4 of Section 23 and in the NE1/4, NE1/4 of Section 26, T3S, R70W of the 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SE Corner of Section 23, T3S, R70W of the 6th P.M. bears N 90º E, 1,300 feet. Amount: 530 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. 5.1.1.7. Hawley Reservoir (from W-152):* Said reservoir is located in the E1/2, NW1/4, Section 30, T3S, R69W of the 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W of the 6th P.M. bears S 0° W, 1,100 feet. Amount: 570 acre-feet, conditional. Source: Clear Creek. Appropriation Date: May 27, 1966. 5.1.1.8. Lee Reservoir (from W- 152):* Said reservoir is located in the W1/2, NE1/4, Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado. Point of diversion of the structure used to fill the Reservoir: From the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M. bears S 0° W, 1,100 feet. Amount:
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310 acre-feet, conditional. Source: Clear Creek. Appropriation Date: May 27, 1966. 5.1.1.9. Frost Reservoir (from W-152): Said reservoir is an on-channel reservoir located in Sections 10 and 15 of T5S, R75W, 6th P.M., Clear Creek County, Colorado. The height of the dam is 44 feet. The dam axis bears S 87º 26' W, 646 feet from a point whence the NW Corner of Section 1, T5S, R75W, 6th P.M. bears N 29º 24' E, 11,200 feet. Amount: 400 acre-feet, conditional. Source: Leavenworth Creek. Appropriation Date: October 28, 1965. 5.1.1.10. Waldorf Reservoir (from W-152): Said reservoir is an on-channel reservoir located in the SW1/4, NE1/4 of Section 2, T5S, R75W, 6th P.M., Clear Creek County, Colorado. The height of the dam is 60 feet. The dam axis bears S 56º57' E, 922 feet from a point whence the NW Corner of Section 1, T5S, R75W, 6th P.M. bears N 40º 17' E, 2,582 feet. Amount: 400 acre-feet, conditional. Source: Leavenworth Creek. Appropriation Date: October 28, 1965. 5.1.1.11. Summers Reservoir (from W-152):* Said reservoir is located in the SE1/4, SW1/4, and in the NE1/4, NW1/4 of Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M. bears S 0º W, 1,100 feet. Amount: 700 acre- feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. 5.1.1.12. Eskins Reservoir (from W-152):* Said reservoir is located in the SW1/4, SE1/4, Section 19, and in the NW1/4, NE1/4, Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the S1/4 Corner of Section 19, T3S, R69W, 6th P.M., bears S 0º E, 1,300 feet. Amount: 1,500 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. 5.1.1.13. Pearson Reservoir No. 1, a/k/a/ Lake B-5 (from W-152): Said reservoir is located in the NE1/4, NE1/4, Section 30, and in the SE1/4, SE1/4, Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the Pearson Ditch at a point whence the Corner common to Sections 19, 20, 29, and 30, T3S, R69W, 6th P.M., bears N 77º E, 1,310 feet. Amount: 39.3 acre-feet absolute and 61.7 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1, 1965. 5.1.1.14 Pearson Reservoir No. 1 Enlargement (from W-152): Said reservoir is located in the SE1/4, SE1/4, Section 19, and in the NE1/4, NE1/4, Section 30, and in the NW1/4, NW1/4, Section 29, all in T3S, R69W, 6th P.M., Jefferson County, Colorado. Water from said reservoir will be diverted from the right of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M. bears S 64ºW, 2,800 feet. Amount: 700 acre-feet, conditional. Source: Clear Creek. Appropriation date: January 16, 1968. 5.1.1.15. B-4 Lake (from 88CW206): Located on a parcel of land in the NE1/4 of Section 25 and the SE1/4 of Section 24, T3S, R70W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Commencing at the Northeast corner of said Section 25 which point is also the Point of Beginning; thence S 00º09'02" W along the East line of said Section 25 for a distance of 2294.00 feet; thence N 87º57'37" W for a distance of 2618.35 feet to the Easterly right-of-way of McIntyre Street; thence N 00º01'20" E along said right-of- way for a distance of 2,065.10 feet; thence S 89º43'46" E for a distance of 920.81 feet; thence N 56º12'36" E for a distance of 1379.95 feet; thence N 79º51'11" E for a distance of 563.94 feet to the East line of the Southeast ¼ of said Section 24; thence S 00º04'01" W along said line for a distance of 726.75 feet to the Point of Beginning, containing 147.26 acres more or less. Points of diversions of the structures used to fill the Reservoir: 1. On the right bank of Clear Creek at a point whence the South 1/4 Corner of Section 24, T3S, R70W, 6th P.M., Jefferson County, State of Colorado, bears S 0° E, 900 feet. 2. On the right bank of Clear Creek at a point whence the SE Corner of Section 24, T3S, R70W, of the 6th P.M., Jefferson County, State of Colorado, bears S 60° E, 1,900 feet. 3. On the South side of Clear Creek, which is on the South side of the diversion dam common to the Croke Canal and the Rocky Mountain Ditch, in the NE1/4, NE1/4, NW1/4 of Section 26, T3S, R70W, of the 6th P.M., Jefferson County, Colorado, and which bears S 18°12'25" W a distance of 401.11 feet from the North 1/4 Corner of said Section 26. 4. On the Miles & Eskins Drainage, Seepage, and Waste Water Ditch at a point whence the NW Corner of Section 30, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, bears N 18°46' W 1,621 feet. Source: Clear Creek.
Amounts (per decree in 05CW186) Appropriation Dates** From 250 acre-feet October, 1965 (absolute) Thuet-Mauz 840 acre-feet October, 1965 (absolute) Killian-Mauz 938 acre-feet March 22, 1968 (absolute) Blue Lake Enl.
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68 acre-feet March 22, 1968(conditional) Blue Lake Enl. 1200 acre-feet March 22, 1968 (conditional) Lewis 720 acre feet March 22, 1968 (conditional) Sanderson
** Additional portions of the conditional water rights decreed to B-4 Lake are claimed as absolute by Coors’s pending application in Case No. 19CW3037. 5.1.1.16. B-5 East Lake (from 88CW206)*: Located on a parcel of land in the SW1/4 of Section 20, and in the NW1/4 of Section 29, and in the NE1/4 of Section 30, and in the SE1/4 of Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at the Northeast corner of said parcel from whence the Southwest corner of said Section bears S 44°54'15" W for a distance of 1411.34 feet; thence S 00°29'44" E along the Westerly right-of-way of Colorado Interstate 70 for a distance of 1587.97 feet; thence S 41°42'18" W to a point on the Northeasterly right-of-way of the Denver Water Board for a distance of 354.31 feet; thence N 48°17'42" W along the Northeasterly right-of-way for a distance of 2671.15 feet; thence S 89°53'13" E for a distance of 333.32 feet; thence N 65°11'47" E for a distance of 177.70 feet; thence S 89°26'41" E to the East line of the SE1/4, SE1/4 of said Section 19 for a distance of 731.27 feet; thence N 89°31'56" E for a distance of 990.00 feet to the Point of Beginning, containing 52.28 acres more or less. Points of diversions of the structures used to fill the Reservoir: 1. On the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, bears S 64° W, 2,800 feet. 2. On the Pearson Ditch at a point whence the corner common to Sections 19, 20, 29, and 30, T3S, R69 W, 6th P.M., Jefferson County, Colorado, bears N 77°E, 1,310 feet. Source: Clear Creek.
Amounts Appropriation Dates From 105 acre-feet October 1, 1965 (conditional) Pearson No. 2 200 acre-feet May 27, 1966 (conditional) Pearson No. 2 Enl. 420 acre-feet January 1, 1968 (conditional) Pearson No. 3 530 acre-feet January 16, 1968 (conditional) Hawley
5.1.1.17. B-9 Lake, alternate place of storage for the Frost and Waldorf rights (from 88CW206): Location: Located on a parcel in the N1/2, SE1/4, Section 19, T3S, R69W, 6th P.M, Jefferson County, Colorado, lying South of Highway 58, East of the Denver Water Board R.O.W., and North of Clear Creek. Points of diversions of the structures used to fill the Reservoir: 1. On the North side of Clear Creek in the NW1/4 SE 1/4 of Section 19, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, at a point that is approximately 1,700 feet from the East Section line and 1,400 feet from the South Section Line of said Section 19. 2. Through the Slough Ditch at a point on the North bank of Clear Creek in the NW1/4, SE1/4 of Section 19, T3S, R69W, of 6th P.M., Jefferson County, Colorado, at a point, that is approximately 2,400 feet from the East section line and 1,320 feet from the South Section Line of said Section 19. 3. Through the Reno and Juchem Ditch at a point on the North bank of Clear Creek in the SE1/4 SW1/4 of Section 19, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, approximately 1,320 feet from the West Section Line and 1,250 feet from the South Section Line of said Section 19. Source: Clear Creek. Amount: Up to 400 acre- feet each from the Frost Reservoir and Waldorf Reservoir rights as an alternate place of storage under Case No. 88CW206 (conditional). Appropriation Date: October 28, 1965. 5.1.1.18 West Lake (from 88CW206): Located on a parcel of land in the S 1/2 of Section 20 and the N 1/2 of Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at a point whence the South Quarter Corner of said Section 20 bears S 66º33'50" E for a distance of 269.53 feet; thence S 64º29'14" W for a distance of 616.53 feet to a point on the Wheat Ridge Greenbelt Lease Line; thence N 00º51'09" W along said Lease Line for a distance of 1741.97 feet; thence N 77º15'36" E for a distance of 48.75 feet; thence N 64º33'16" E for a distance of 75.03 feet; thence N 61º42'11"E for a distance of 231.53 feet; thence N 66º11'47" E for a distance of 170.34 feet; thence N 68º16'03" E for a distance of 81.95 feet; thence N 75º41'01" E for a distance of 106.98 feet; thence N 81º43'17"E for a distance of 133.28 feet; thence N 89º17'40" E for a distance of 121.73 feet; thence S 81º21'39"E for a distance of 238.19 feet; thence along a curve to the right which curve has a central angle of 75º10'02", a radius of 193.61 feet and an arc length
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of 254.00 feet to a point of tangent; thence S 01º22'40"W for a distance of 47.08 feet; thence N 85º19'46"E for a distance of 286.64 feet; thence S 71º20'44" E for a distance of 32.45 feet; thence S 87º08'26" E for a distance of 34.66 feet; thence N 89º01'29"E for a distance of 131.24 feet; thence N 83º04'26" E for a distance of 84.59 feet; thence S 85º03'23" E for a distance of 105.15 feet; thence S 76º32'17" E for a distance of 147.73 feet; thence S 70º37'40"E for a distance of 27.85 feet; thence S 48º02'50"E for a distance of 22.33 feet; thence S 27º44'13" E for a distance of 43.26 feet to the East line of the W 1/2 of the SE1/4 of said Section 20; thence S 00º07'43"E along said Section line for a distance of 611.14 feet; thence S 84º54'43"W for a distance of 35.00 feet to a point on the Wheat Ridge Greenbelt Lease Line; thence S 43º29'10"W along said Lease Line for a distance of 358.76 feet; thence S 86º27'46" W for a distance of 558.63 feet; thence S 68º07'07" W for a distance of 618.11 feet; thence S 68º07'06" W for a distance of 87.22 feet; thence S 58º51'52" W for a distance of 193.77 feet; thence S 00º04'29"W for a distance of 180.00 feet to the Point of Beginning, containing 64.06 acres more or less. Point of diversion: At a point on the South side of Clear Creek in the SW1/4 of Section 20, T 3 S., R 69 W., of the 6th P.M., Jefferson County, State of Colorado, whence the South Quarter Corner of said Section 20, bears S. 1° E, 1,920 feet. Source: Clear Creek. Amount: 400 acre-feet, conditional. Appropriation Date: January 16, 1968 (Pearson Res. No. 1 Enlargement). 5.1.1.19. Bass Lake (from 88CW206): Located on a parcel of land in the S 1/2 of Section 20 and the N 1/2 of Section 30, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at a point whence the South Quarter Corner of said Section 20 bears S 66º33'50" E for a distance of 269.53 feet; thence S 64º29'14" W for a distance of 616.53 feet to a point on the Wheat Ridge Greenbelt Lease Line; thence N 00º51'09" W along said Lease Line for a distance of 1741.97 feet; thence N 77º15'36" E for a distance of 48.75 feet; thence N 64º33'16" E for a distance of 75.03 feet; thence N 61º42'11"E for a distance of 231.53 feet; thence N 66º11'47" E for a distance of 170.34 feet; thence N 68º16'03" E for a distance of 81.95 feet; thence N 75º41'01" E for a distance of 106.98 feet; thence N 81º43'17"E for a distance of 133.28 feet; thence N 89º17'40" E for a distance of 121.73 feet; thence S 81º21'39"E for a distance of 238.19 feet; thence along a curve to the right which curve has a central angle of 75º10'02", a radius of 193.61 feet, and an arc length of 254.00 feet to a point of tangent; thence S 01º22'40"W for a distance of 47.08 feet; thence N 85º19'46"E for a distance of 286.64 feet; thence S 71º20'44" E for a distance of 32.45 feet; thence S 87º08'26" E for a distance of 34.66 feet; thence N 89º01'29"E for a distance of 131.24 feet; thence N 83º04'26" E for a distance of 84.59 feet; thence S 85º03'23" E for a distance of 105.15 feet; thence S 76º32'17" E for a distance of 147.73 feet; thence S 70º37'40"E for a distance of 27.85 feet; thence S 48º02'50"E for a distance of 22.33 feet; thence S 27º44'13" E for a distance of 43.26 feet to the East line of the West 1/2 of the SE1/4 of said Section 20; thence S 00º07'43"E along said Section line for a distance of 611.14 feet; thence S 84º54'43"W for a distance of 35.00 feet to a point on the Wheat Ridge Greenbelt Lease Line; thence S 43º29'10"W along said Lease Line for a distance of 358.76 feet; thence S 86º27'46" W for a distance of 558.63 feet; thence S 68º07'07" W for a distance of 618.11 feet; thence S 68º07'06" W for a distance of 87.22 feet; thence S 58º51'52" W for a distance of 193.77 feet; thence S 00º04'29"W for a distance of 180.00 feet to the Point of Beginning, containing 64.06 acres more or less. Point of diversion: At a point on the South side of Clear Creek in the SE1/4 of Section 20, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, whence the South Quarter Corner of said Section 20 bears S. 30°W., 1880 feet. Source: Clear Creek. Amount: 100 acre-feet, conditional. Appropriation Date: May 27, 1966 (Lee Reservoir). 5.1.1.20 Tabor Lake (from 88CW206): Located on a parcel of land in the E 1/2 of Section 20, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at a point on the East-West Center Line of said Section 20 from whence the East Quarter Corner of said Section 20 bears N 89º37'13" E for a distance of 836.84 feet; thence S 00º10'30" E for a distance of 132.00 feet; thence N 89º21'26"E for a distance of 165.00 feet; thence S 00º01'30"E for a distance of 803.67 feet; thence N 84º49'19" W for a distance of 1432.87 feet; thence N 00º02'08" W for a distance of 790.37 feet; thence N 89º21'26" E for a distance of 306.90 feet; thence N 00º02'40" W for a distance of 238.36 feet; thence N 89º38'20" E for a distance of 325.18 feet; thence N 00º06'13" W for a distance of 58.89 feet; thence N 89º21'26"E for a distance of 469.74 feet; thence S 00º09'28" E for a distance of 295.65 feet; thence N 89º21'25" E for a distance of 157.38 feet to the Point of Beginning, containing 26 acres more or less. Point of diversion: Through the Slough ditch at a
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point on the North side of Clear Creek in the NW1/4, SE1/4, Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, at a point that is approximately 2,400 feet from the East section line and 1,320 feet from the South Section Line of said Section 19. Source: Clear Creek. Amount: 500 acre-feet, conditional. Appropriation Date: October 1965 (Eskins Reservoir). 5.1.1.21. Prospect Park Lake (from 88CW206): Located on a parcel of land in the W 1/2 of Section 21, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at the Southwest Corner of said parcel which point is on the West Line of the SW1/4 of said Section 21 from whence the West quarter corner of said Section bears N 00º13'17" W for a distance of 666.42 feet; thence continuing along said West line of the NW1/4 of said Section 21 for a distance of 213.93 feet; thence N 89º19'08" E for a distance of 821.7 feet; thence S 00º20'57" E for a distance of 881.80 feet; thence S 89º25'14" W for a distance of 823.61 feet to the Point of Beginning, containing 10 acres more or less. Point of diversion of the structure used to fill the Reservoir: Through the Slough ditch at a point on the North side of Clear Creek in the NW1/4, SE1/4, Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, at a point that is approximately 2,400 feet from the East Section Line and 1,320 feet from the South Section Line of said Section 19. Source: Clear Creek. Amount: 100 acre-feet, conditional. Appropriation Date: October 1965 (Summers Reservoir). 5.1.1.22. West Gravel Lakes, alternate places of storage for the Frost and Waldorf rights (from 88CW206): These facilities are owned by the City of Thornton. Coors may not store water in these facilities from the Frost Reservoir and Waldorf Reservoir conditional water storage rights without Thornton’s prior approval. Location: located just West of the South Platte River about 1/2 mile East of the intersection E 80th Avenue and North York Street in Thornton, Colorado; in Sections 25 and 36, T2S, R68W, 6th P.M., Adams County, Colorado. Point of diversion of the structure used to fill the Reservoir: Lower Clear Creek Ditch, which point of diversion is located on the North bank of Clear Creek at a point 1,400 feet West and 1,200 feet North of the SE corner of Section 4, T3S, R68W, 6th P.M., Adams County, Colorado. Source: Clear Creek. Amount: Up to 400 acre-feet each from the Frost Reservoir and Waldorf Reservoir rights as changed to alternate places of storage in Case No. 88CW206 (conditional). Appropriation Date: October 28, 1965. * Coors has filed an application to change the locations and/or points of diversion for part or all of the five indicated reservoirs and conditional storage rights in Case No. 18CW3225. 5.1.2. Standley Lake Reservoir: In the Coors/Thornton Agreement dated May 23, 1988, recorded in Jefferson County, Colorado, reception no. 88049908, Coors acquired from Thornton the perpetual right to the use of a portion of the storage capacity Thornton owns in Standley Lake Reservoir together with a similar right to have Thornton operate that storage capacity in Standley on behalf of Coors. Thornton has granted Coors the right to acquire firm yield water rights as a part of that agreement, as described in paragraphs 3 and 4 of the Agreement. 5.1.2.1. Place of Storage: Standley Lake or Enlargement of Kinnear Reservoirs (Reservoir Nos. 89 and 90 in the Decree of May 13, 1936, District Court in and for City and County of Denver). 5.1.2.2. Source: From water lawfully stored in Standley Lake Reservoir from Clear Creek and decreed for use for exchange purposes by Coors. 5.1.2.3. The Standley Lake Reservoir structure is more fully described in the decree in Case No. 88CW268. 5.2. Structures to which Substitute Supplies Will Be Made Available Are Described as Follows: 5.2.1. Structure to Receive Substitute Supplies: Standley Lake Reservoir through the Croke Canal and the Farmers High Line Canal. 5.2.2. Substitute Supply Delivery Points: Deliveries of substitute supplies from the Coors Jefferson Storage System Reservoirs to Standley Lake Reservoir will be made at the following points: 5.2.2.1. A point on the Croke Canal located in the NE1/4 of Section 24, T3S, R70W, 6th P.M. 5.2.2.2. A point on the Croke Canal located in the SE1/4 of Section 23, T3S, R70W, 6th P.M. 5.2.2.3. A point on the Croke Canal located in the SW1/4, Section 24, T3S, R70W, 6th P.M. 5.2.2.4. A point on the Farmers High Line Canal located in the SE1/4 of Section 23, T3S, R70W, 6th P.M. 5.3. Description of Coors Exchange Diversion Points at which Exchanged Water Will Be Diverted by Coors from Clear Creek: 5.3.1. The Agricultural Ditch with a point of diversion in the City of Golden, Jefferson County, Colorado, located on the South bank of Clear Creek in the SW1/4 of Section 27, T3S, R70W; or 5.3.2. The Wannamaker Ditch with point of diversion located on the North bank of Clear Creek in the NE1/4 of Section 27, T3S, R70W, Jefferson County, Colorado, whence the NE corner of Section 27, T3S, R70W, 6th P.M. bears N 38°17'17.5" E, 2099.64 feet; or 5.3.3. The Rocky Mountain Ditch with point of diversion located on the South bank of Clear Creek, which is on the south side of the Croke Dam in the NE1/4 NE1/4 NW1/4 of Section 26, T3S,
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R70W, 6th P.M., and which bears S 18°12'25" W, a distance of 401.11 feet from the North Quarter Corner of said Section 26; or 5.3.4. Coors Industries Ditch Alternate Points of Diversion #3, with point of diversion located on the South bank of Clear Creek in the SE1/4 of Section 24, T3S, R70W, 6th P.M., whence the South Quarter Corner of said Section 24 bears S 47°51'47" W, a distance of 1375.04 feet. 5.4. The Point at which Increased Flows Resulting from the Substitution/Exchange Operations Will Be Diverted from Clear Creek is Described as Follows: 5.4.1. Lower Clear Creek Ditch: 5.4.1.1. Point of diversion located on the north branch of Clear Creek at a point 1,400 feet West and 1,200 feet North of the Southeast corner of Section 4, T3S, R68W, 6th P.M., Adams County, Colorado. 5.4.1.2. Source: Clear Creek. 6. Description of Program of Exchange and Substitution: 6.1. Delivery of Substitute Supplies: During the Croke Season of November 1 through March 31, Coors may provide substitute supplies for storage in Standley Lake Reservoir to the account of the City of Westminster or to the account of the FRICO Irrigators for the benefit of the City of Northglenn as described in paragraph 4 of this Application by either one or both of the following described methods: 6.1.1. By withdrawing water as described in paragraph 4 above from storage in the Coors Jefferson Storage System Reservoirs, described in paragraph 5.1.10, and delivering it to the Croke Canal or Farmer High Line Canal through the Substitute Supply Delivery Points, described in paragraph 5.2.2, for delivery to Standley Lake Reservoir; or 6.1.2. By assigning the right as described in paragraph 5.1.2 to the use of up to 759 acre-feet of water less transit and evaporation losses, if any, lawfully held in Standley Lake Reservoir for Coors’s use and benefit and decreed for use by Coors for exchange purposes to either the City of Westminster or the FRICO Irrigators for the benefit of the City of Northglenn. 6.2. Diversion of Exchange Supplies: 6.2.1. In exchange for the provision of the substitute supplies, Coors may divert from Clear Creek at any one or more of the upstream Coors Exchange Diversion Points described in paragraph 5.3 of this Application at a combined rate of diversion not exceeding the rate of flow of 5 c.f.s. without being required to provide replacement flows for such exchange diversions that would otherwise be required under the provisions of the Decree of this Court in Consolidated Case Nos. W- 8036(75) and W-8256(76) as modified by decree in Case No. 88CW271. 6.2.2. To the extent that the use by Coors of such exchange supplies results in an increase in the rate of flow of Clear Creek, but no more than an average taken weekly of 11.0 c.f.s., and to no more than a maximum instantaneous flow rate of 13.2 c.f.s. below the headgate of the Croke Canal in excess of the rate of flow which, but for such use, would otherwise have occurred in that stream at that location, and to the extent such water is decreed for successive use or exchange use, Coors may cause to be diverted at the diversion point described in paragraph 5.4 and deliver through the Lower Clear Creek Ditch for storage in the West Gravel Lakes lying under the Lower Clear Creek Ditch described in paragraph 5.4 all of such increased flow that is not required to discharge Coors’s replacement flow obligations under this Court’s decree in Consolidated Case Nos. W-8036(75) and W-8256(76) as modified by decree in Case No. 88CW271. 7. Development of Conditional Water Rights: During this diligence period, in continuing the development of the conditional water rights for this system, Coors has been engaged in use, construction, and completion of some of the diversion and exchange facilities and water rights involved. In addition, Coors has been engaged in the legal defense and protection of its absolute and conditional water rights, and has continued in the planning, designing, and exploration of the physical and business arrangements associated with the construction and use of the diversion and storage facilities and water rights involved. An outline of work done during the diligence period toward completion, or for completion, of the appropriation and application of water to a beneficial use as conditionally decreed, includes the following activities: 7.1. In its decree in Case No. 12CW155, this Court found that the subject exchanges are an integral part of Coors’s unified water system developed by Coors for beverage and food production, malting, irrigation, domestic, and other commercial and industrial uses. Other components of the unified water system include: the Straight Creek Tunnel Drainage and Effluent System (Case Nos. W-1665 in Water Division No. 5 and W-7097 in Water Division No. 1); Jefferson Storage System (Case Nos. W-152, 88CW206, and 18CW3225); Coors Golden Milling Right (Civil Action No. B-9675, Jefferson County District Court), Coors’s Underground Springs (Case Nos. W-7809-74, 90CW064 and 95CW081); Augmentation Plan Springs (Case No. 81CW110), Idaho Springs Reservoir (Case No. 84CW671); the nontributary wells that are the subject of Case No. 85CW051, Coors Industries Ditch (Case Nos. W-224 and W-7585), the Coors Augmentation Plans I, II, and III, decreed in Case Nos.
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W-8036(75), W-8256(76), 88CW271, 89CW234, and 99CW236; Coors Augmentation Plan IV (application pending in Case No. 17CW3177); the Cosmic Decree (Case No. 88CW271), and related exchanges decreed in Case Nos. 88CW268 and 96CW1117 (all cases are decrees entered in Water Division No. 1, except where otherwise noted); as well as a complete water treatment, cooling, and distribution system at the plant site in Golden, Colorado. 7.2. As described below, Coors and its affiliated entities, including Molson Coors Brewing Company, MillerCoors LLC, and Rocky Mountain Water Company, have expended substantial effort in the development of Coors’s overall unified system of which the rights identified in this Application are integral components. During this diligence period, Coors has continued the development of the unified water supply system of which the exchanges that are the subject of this Application are an integral part. This Court has determined that continued development and maintenance of Coors’s unified water system constitutes diligence for the individual water rights associated with that system as found by this Court. See, e.g., Decree in Case No. 12CW155 at pages 21-22, ¶13.2 (March 20, 2013). Coors has also been engaged in the legal defense and protection of said water rights and has continued in the planning, design, and exploration of the physical and business problems associated with the construction and use of the diversion facilities and water rights involved. During this diligence period, Coors and its affiliates, including MillerCoors, have undertaken the following activities and expended at least $2,000,000 for the development and maintenance of Coors’s unified water supply system: 7.2.1. Expenditures in excess of $314,000 for contractual obligations under the Cosmic Agreement and related agreements, including expenditures for Standley Lake operations and maintenance; 7.2.2. Coors’ activities related to the Jefferson Storage System, including: (1) storage of water in the Jefferson Storage System, including 3,735 acre-feet stored in B-4 Lake and applied to decreed beneficial uses for storage and other decreed purposes; (2) new engineering studies of the remaining Jefferson Storage System conditional storage rights and alternative water storage locations, costing in excess of $150,000; and (3) an application filed on December 28, 2018 (Case No. 18CW3225) for changes of conditional storage locations to reflect a realignment of structures for future construction, and an alternate point of diversion for conditional water storage rights for multiple reservoirs in the Jefferson Storage System; 7.2.3. Operation of deliveries and exchanges of water pursuant to Case No. 96CW1117 to the extent water has been available for such deliveries and exchanges; 7.2.4. Engineering costs in excess of $200,000 relating to Coors’s water rights and water supply system; 7.2.5. Expenditures in excess of $540,000 for ditch companies supporting Coors’s unified water system; 7.2.6. Expenditures of approximately $750,000 for pump installation and replacement, operation, maintenance, and repairs to Coors’s underground springs; and 7.2.7. Expenditures in excess of $1,600,000 on other capital projects in support of Coors’ unified water system; 7.2.8. Expenditures in excess of $56,000 to participate in the South Platte Water Related Activities Program (SPWRAP). Such participation will facilitate future federal permitting that may be necessary in connection with improvements or enlargement of storage structures in Coors’s unified water system, and will facilitate future storage and releases pursuant to the subject conditional exchanges. 7.3. During the diligence period, Coors has also participated in a number of water cases adjudicating matters required for the production of water used in Coors’s unified water system, including but not limited to following cases: 7.3.1. Case No. 13CW3094 (diligence on Augmentation III Plan Exchanges); 7.3.2. Case No. 13CW3112 (diligence on Augmentation II Plan Exchange); 7.3.3. Case No. 13CW111 (diligence on Coors’ Underground Springs); 7.3.4. Case No. 15CW3177 and appeal (application to amend Coors’ Augmentation Plans); 7.3.5. Case No. 17CW3177 (change of Miles and Eskins Ditch for Coors Augmentation Plan IV); 7.3.6. Case No. 18CW3225 (Jefferson Storage System realignment); and 7.3.7. Case No. 19CW3037 (diligence and making conditional rights absolute on Jefferson Storage System). Coors has also filed statements of opposition to a number of water court applications to prevent injury to Coors’s water rights, including those that are the subject of this Application. Coors’s legal expenses in pursuing these applications and filing statements of opposition to continue and protect the unified system water rights exceeded $1,300,000 during the diligence period. 7.4. The appropriative rights of substitution and exchange described in this Application are to be exercised in conjunction with the water rights adjudicated in Case No. 88CW268 and in Consolidated Case Nos. W- 8036-75 and W-8256-76, as modified by decrees entered in Case No. 88CW271 and 88CW206. This substitution and exchange allows Coors, rather than curtailing its diversions from Clear Creek, to provide
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a supply of water to protect “Croke Season yield” as that term defined in the 88CW272 Decree and that may be required under paragraphs 7 and 9 of the Agreement dated May 23, 1988 and recorded at Reception No. 88049909, also known as the Cosmic Agreement (88CW268), to make available for storage in Standley Lake Reservoir to the account of the City of Westminster or the account of FRICO for the benefit of the City of Northglenn a substitute supply under the decree in this case for such purposes from other sources controlled by Coors. 7.5. To date, conditions have been such that Coors has not had to exercise the appropriative rights of substitution and exchange that are the subject of this Application. Coors can and will exercise such rights when conditions so require. 8. The conditional water rights decreed in this case are part of a series of exchanges implementing the above-referenced “Cosmic Agreement” for which measuring devices are in place at each location necessary to account for these exchange water rights. Upon implementation of any portion of the conditional decreed rights of exchange and consistent with the reporting requirement for these exchange rights first decreed in Case No. 88CW272, Applicant will maintain such measuring devices and maintain such records as the Division Engineer or Water Commissioner may reasonably require for administration of these water rights and shall report the amounts and dates of the water diversions under this Application on at least an annual basis, upon implementation of any portion of the conditionally decreed exchange water rights, consistently with the reporting requirements for these rights first decreed in Case No. 88CW272. WHEREFORE, Coors respectfully requests that the Court enter a Decree finding that Applicant has exercised reasonable diligence in developing the conditional appropriative rights of exchange that are the subject of this Application, and for such further relief as this Court deems just and proper. Number of pages of Application: 25.
19CW3056 Lower Latham Reservoir Company, 8209 W. 20th Street, Suite A, Greeley, Colorado 80634, (970) 353-6611. Please direct all future pleadings and correspondence to Daniel K. Brown, Esq., and Whitney Phillips, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION TO DELETE MEMBER WELL IN CONSOLIDATED CASE NOS. 2003CW47/2006CW291 in WELD COUNTY. 2. Augmentation Plan: Applicant operates a plan for augmentation (“LLRC Plan”) decreed in Consolidated Case Nos. 2003CW47/2006CW291, Water Division No. 1, entered in this case on November 25, 2012 (“LLRC Decree”). Paragraph 32.2.2 of the LLRC Decree allows for the deletion of Member Wells subject to certain terms and conditions. 3. The Well to be removed from the LLRC Decree: Applicant proposes to delete the following well from the LLRC Plan and Exhibit F of the LLRC Decree as structures to be augmented.
Permit or WDID Owner Name Well Name Registration No. Centennial Valley 107942 13949 70 Ranch, LLC Ranch (Corliss)
There are no post-pumping or un-replaced depletions associated with the Centennial Valley Ranch (Corliss) well. 4. Names and Addresses of Owner of the Structure: Well No. 13949 is owned by 70 Ranch, LLC, 8301 E. Prentice Ave., Suite 100, Greenwood Village, CO 80111-1916 (previously owned by Centennial Valley Ranch, LLC, 1225 17th Street, 29th Floor, Denver, CO 80202). 3 pages.
19CW3057 (Water Div 2 case no. 19CW3022) PALMER DIVIDE WATER COMPANY, 2760 N. Academy, #314, Colorado Springs, CO, 80917, KING’S DEER HOA, P.O. Box 3143, Monument, CO, 80132. Brad R. Benning, Eric K. Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. 1. Request for Plan for Augmentation in EL PASO COUNTY. 2. Groundwater to be Augmented: 24 acre-feet per year of not nontributary Dawson aquifer groundwater to be withdrawn over a 100 year pumping period as decreed in Consolidated Case Nos. 93CW75, Water Division 2, and 93CW147, District Court, Water Division 1. The land which is the subject of the decree is approximately 1802 acres located in Sections 4, 5, 7, 8, 9, and 17, T11S, R66W of the 6th P.M. 3. Applicant Palmer Divide Water Company is the owner of the groundwater which is described in Paragraph 2 of this
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application. 4. 60 acre-feet per year of not nontributary Dawson aquifer groundwater to be withdrawn over a 100 year pumping period as decreed in Consolidated Case Nos. 94CW49(A) and (B), Water Division 2, and 94CW144(A) and (B), District Court, Water Division 1. The land which is the subject of the decree is same as described above. 5. Water rights to be used for augmentation: Applicant King’s Deer HOA is responsible for the water rights to be used for augmentation and augmentation requirements and other terms and conditions in any final decree in this case. 6. Augmentation sources include the following: Return flows from the use of not nontributary Dawson aquifer water and return flows and direct discharge of nontributary groundwater as decreed Case No. 85CW230, District Court, Water Division 1, Any other legal water supply obtained by King’s Deer HOA, Applicants reserve the right to supplement this Application and any approved decree resulting from this case with additional augmentation supplies without the requirement to republish or file a new water application and case. Prior notice would be provided to the Division Engineer and any parties to this case of any legal water supplies obtained with opportunity for comment prior to allowance of such supplies in this augmentation plan. 7. Statement of plan for augmentation: The purpose of this augmentation plan is to supplement withdrawals from individual not nontributary Dawson aquifer wells as also previously decreed in the decrees described in paragraphs above. 8. In Consolidated Case Nos. 93CW75, Water Division 2, and 93CW147, District Court, Water Division 1, an augmentation plan was approved for the use of 119 individual Dawson aquifer wells to withdraw 0.38 acre-feet per year (0.27 for in house use and 0.11 acre-feet for irrigation of 3000 square-feet of irrigated area). By this application an additional withdrawal of 0.37 acre-feet (0.75 acre-feet per well total) will be available through up to 75 of the wells in Consolidated Case Nos. 93CW75, Water Division 2, and 93CW147, District Court, Water Division 1. Homeowners acquiring this additional augmentation water will be allowed additional in house use (0.26 acre-feet) and irrigation of up to 4000 square feet of irrigated area (0.11 acre-feet) in combination with the annual amount and uses currently decreed. 9. In Consolidated Case Nos. 94CW49(A) and (B), Water Division 2, and 94CW144(A) and (B), District Court, Water Division 1, an augmentation plan was approved for the use of 390 individual Dawson aquifer wells to withdraw 0.419 acre-feet per year (0.27 for in house use and 0.149 acre-feet for irrigation of 3000 square- feet of irrigated area). By this application an additional withdrawal of 0.331 acre-feet (0.75 acre-feet per well total) will be available through 200 of the wells in Consolidated Case Nos. 94CW49(A) and (B), Water Division 2, and 94CW144(A) and (B), District Court, Water Division 1. Homeowners acquiring this additional augmentation water will be allowed additional in house use (0.21 acre-feet) and irrigation of up to 4000 square feet of irrigated area (0.12 acre-feet) in combination with the annual amount and uses currently decreed. 10. Residential lots on which this water will be used utilize non-evaporative septic systems and consumptive use associated with inhouse use will be approximately 10% of water used and consumptive use associated with irrigation use will be approximately 90% of water used. Applicant requests that this plan for augmentation be operated in combination with the augmentation plan previously approved and described above. 11. Modeling shows depletions from pumping do not impact or accrue to the stream systems until 30 years after pumping. Consequently, actual depletions to the affected stream systems will be replaced 30 years after pumping begins pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to stream systems in Water Divisions 1 and 2, and this application is being filed in both divisions. Depletions to the South Platte River system at 100 years total only approximately 6.03 acre-feet. Return flows from use of the water return to the South Platte River stream systems and such return flows are sufficient to replace the required amount of replacement for the life of the plan. Depletions to the Arkansas River system, specifically the Monument Creek stream system, at 100 years total only approximately 1.9 acre-feet. Any replacement water legally required for replacement of depletions in this plan will be provided in such amounts and locations so as to protect water users from injury. If replacement of depletions to the Monument Creek stream systems is legally required, depletions to Monument Creek will be replaced using water which is legally available for such use, including without limitation direct pumping or release into Monument Creek or its tributaries. Additional amounts of nontributary groundwater as decreed in Case No. 85CW230 or any other water otherwise acquired by Kings Deer HOA may be used for this replacement and will also be reserved to meet any post pumping augmentation requirements if necessary. 12. WHEREFORE, Applicant prays that this Court enter a decree Granting the application
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herein and specifically determining that vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein. 13. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 5 Pages.
19CW3058 COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, 6060 Broadway, Denver, CO 80216. (Please address all correspondence and inquiries regarding this matter to: Heather A. Warren, (720) 508-6266 [email protected]; Joseph G. Phillips, (720) 508-6265 [email protected], Assistant Attorneys General, 1300 Broadway, 7th Floor, Denver CO 80203.) Application for Reasonable Diligence in JEFFERSON AND DOUGLAS COUNTIES. 1. Name, mailing address, email address, and telephone number of applicant: Colorado Division of Parks and Wildlife (“CPW”), Attn: Ed Perkins, Water Rights Program Administrator, 6060 Broadway, Denver, Colorado 80216, 303-291-7466, [email protected]. 2. Name of structure: Chatfield Reservoir. 3. Description of conditional water right: A. Original Decree: March 13, 2013 -- 2009CW265, Div. 1, Greeley, Colorado. Exhibit A. B. Legal description: Chatfield Dam is located on the main stem of the South Platte River, the eastern abutment being located in Douglas County in Sections 6 and 7, Township 6 South, Range 68 West, the Western abutment being located in Jefferson County, in Section 1, Township 6 South, Range 69 West, 6th P.M C. Source of water: South Platte River and its tributaries at or above Chatfield Dam. D. Date of Appropriation: January 26, 2005. E. Amount: 1,000 acre-feet, conditional, with the right to fill and an additional 1,000 AF for re-fill. F. Use: Recreation, aesthetics, piscatorial, wildlife, irrigation, domestic, and commercial; augmentation and exchange at Chatfield State Park and Cherry Creek State Park. 4. 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. The subject conditional water right is part of the Chatfield Reallocation Project (Project). The U.S. Army Corps of Engineers (Corps) determined that Chatfield Reservoir can accommodate an additional 20,600 acre-feet of storage space for water supply without compromising its flood control function. This additional storage space will help meet Colorado’s diverse needs, including the growing demand for water in the Front Range and on farms in the northeast part of the state. CPW owns 1,000 acre-feet out of the 20,600 acre-feet. B. CPW and other Project stakeholders have worked diligently to secure the necessary permitting, and to draft relevant plans. The final draft of the feasibility report and environmental impact statement for the Project was issued in June 2012, and the Chatfield Reallocation Project Final Integrated Feasibility Report and Environmental Impact Statement was issued in July 2013. The State of Colorado Fish and Wildlife Mitigation Plan for the Project was approved in January 2014. The Record of Decision affirming the Chatfield Reallocation Project as the preferred alternative and authorizing the reallocation of 20,600 acre-feet of storage space in Chatfield Reservoir from flood control to multipurpose use was issued on May 29, 2014. C. CPW and its parent agency, Colorado’s Department of Natural Resources (CDNR), have also been working diligently to finalize necessary agreements. CDNR entered into a Water Storage Agreement with the Corp for the Project on October 9, 2014. And on October 15, 2015, CPW entered into a Water Storage Agreement with CDNR for the permanent right to use 1,000 acre-feet of the reallocated storage space. In connection with that agreement, CPW has a loan commitment from Colorado Water Conservation Board (CWCB) to cover its share of estimated future payments to complete mitigation obligations for the Project. D. CPW staff have also expended time and resources on creation of the Chatfield Reservoir Mitigation Company (CRMC). Project participants formed the CRMC on October 8, 2015 for the purpose of conducting such business as may be necessary to satisfy the mitigation obligations of the participants. CPW is a member of the CRMC and has a seat on the Board of the company. On October 26, 2015, the CRMC entered into a contract with the engineering firm CDM Smith for management of the implementation of the Chatfield Reallocation Project, and subsequently entered into eleven separate consultant contracts for Project design, totaling $18,200,000. Initial construction of features associated with completion of mitigation obligations for the Project, including environmental mitigation in the Plum Creek drainage and recreational mitigation including the north boat ramp and swim beach, began in October 2017. To date, CPW has allocated $8,300,970 for the storage space. This money is kept in an escrow account to cover CPW’s pro rata share
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of the mitigation costs. CPW also pays an annual assessment rate of approximately $59,000 per year for the operational needs of the CRMC. E. CPW staff and their counsel at the Attorney General’s office have spent hundreds of hours on all aspects of the planning, approvals, and agreements processes for the Project. For example, since 2010 the Chatfield State Park Manager has spent over 80% of his time on the Project, attending meetings and overseeing construction. In addition to the efforts described in the foregoing paragraphs, CPW has continued to participate in both the Reallocation Project Technical Advisory Committee and the Operational Advisory Committee; both meet roughly monthly. F. In addition, per the State Fish and Wildlife Mitigation Plan, CPW has responsibility for implementing and managing the Environmental Pool, a joint project of the stakeholders meant to allow timed releases to alleviate low flow conditions downstream of the reservoir. During the diligence period, CPW has had numerous meetings both internally and with external stakeholders over the governance and management of the Environmental Pool. External stakeholders with whom CPW has met include the CWCB, Denver Water, Central Colorado Water Conservancy District, the Greenway Foundation, and Denver Trout Unlimited. In 2019, CPW staff drafted a governance and management agreement for the Environmental Pool that will identify stakeholders and guide operational decision making. CPW also participated in a study commissioned by Denver Trout Unlimited and funded through the CWCB regarding operational best management practices pertaining to Environmental Pool releases. G. During the diligence period CPW has further expended time and resources through: reviewing monthly water court resumes to ensure its water right will not be injured by other water users; entering into and participating in approximately five cases which might have affected its right, and incurring associated expenses for staff and legal counsel; holding numerous meetings regarding prospective use of its storage rights and incurring associated expenses for staff time including engineering and hydrologic analyses to assess potential injuries. H. CPW has incurred expenses to date including, but not limited to, the following: (1) Chatfield State Park Manager Salary at 80% since 2010: More than $600,000; (2) CRMC Operational Expenses Share: $59,000/year x2 years = $118,000; (3) Amount Allocated for Future CPW Share of Mitigation Costs: $8,300,970. 5. Name and address of owners of land upon which structures are located: United States Army Corps of Engineers, Omaha District, 9307 South Wadsworth Blvd., Littleton, CO 80128. WHEREFORE, Applicant respectfully requests that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the above-referenced conditional water rights, continue the conditional water rights in full force as decreed, and for such other relief as this Court deems just and proper. 5 pages.
19CW3059 Co-Applicants: North Weld County Water District, P.O. Box 56, Lucerne, CO 80646 and East Larimer County Water District, 232 South Link Lane, Fort Collins, CO 80524. Please send correspondence and pleadings to: Bradley C. Grasmick and Alyson K. Scott, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534; (970) 622-8181; [email protected] and [email protected]. CONCERNING THE APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT in LARIMER AND WELD COUNTIES. 2. Name of Reservoir. River Bluffs Reservoir. 3. Legal Descriptions of Reservoir and Points of Diversion. a. The River Bluffs Reservoir will be located in the North One-Half of Section 13, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. b. The points of diversion for the River Bluffs Reservoir will be located as follows: i. A proposed inlet from the Cache la Poudre River in the Southeast Quarter of the Northeast Quarter, or the Northeast Quarter of the Southeast Quarter, of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado; and ii. The Greeley No. 2 Canal, also known as the New Cache La Poudre Irrigation Canal, in the Southeast Quarter of the Northeast Quarter of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. c. The above described locations are depicted on Exhibit 1 to this application, which is attached hereto and incorporated herein. 4. Source. Cache la Poudre River. 5. Appropriation Date. March 29, 2019, as initiated by the filing of this application. 6. Amount Claimed. a. Volume. 964 acre-feet plus one annual refill, conditional. b. Rate. 40 cubic feet per second, conditional, combined for both points of diversion described in paragraph 3.b. above, with a maximum of 20 cubic feet per second at each point of diversion described in paragraph 3.b. above. 7. Proposed Uses. North Weld and ELCO will use the water claimed in this application to replace return
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flows for water rights that they have or will acquire for use in, and to make releases for augmentation as needed to satisfy demand in, their respective service areas, including as such service areas may be expanded to serve proximate areas, and outside their respective service areas pursuant to agreements between North Weld and/or ELCO and others who take delivery of water from North Weld and/or ELCO. These uses may be made by exchange, first use, successive use, or disposition. North Weld’s and ELCO’s service areas, as they currently exist, are depicted on Exhibits 2 and 3, respectively, which are attached hereto and incorporated herein. 8. Surface Area of High Water Line. 73 acres. 9. Total Capacity of Reservoir. 1,038 acre-feet. a. Active capacity. 964 acre-feet. b. Dead capacity. 74 acre-feet. 10. Names and Addresses of Owners (other than Applicants) of Land on Which Structures are Located. a. River Bluffs Ventures, LLC, 1927 Wilmington Drive, Suite 101, Fort Collins, CO 80528; b. Steamboat Partners Investments, LLC, 1927 Wilmington Drive, Unit 101, Fort Collins, CO 80528; c. John D. and Brenda K. Graves, 6324 South County Road 3, Fort Collins, CO 80528; d. Cache La Poudre Irrigation Company, P.O. Box 356, Greeley, CO 80631; and e. The New Cache La Poudre Irrigating Company, P.O. Box 104, Lucerne, CO 80646. 11. Additional Remarks. Applicants will not use land or facilities owned by others without first obtaining a legal right to use such land or facilities. The original format of this application is four pages in length pluthree exhibits.
19CW3060 CASTLE PINES NORTH METROPOLITAN DISTRICT (CASTLE PINES NORTH), 7404 Yorkshire Drive, Castle Rock, CO 80108 (303.242.3262) through counsel Austin Hamre and Anthony J. Basile, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 500, Denver, CO 80237 (303.779.0200) and CASTLE PINES METROPOLITAN DISTRICT (“CASTLE PINES METRO”), 5880 Country Club Drive, Castle Rock, CO 80108 (303.688.8330) through counsel Scott A. Clark and Amanda L. Hemmerich, 6400 S. Fiddler’s Green Cir., Suite 1000, Greenwood Village, CO 80111 (303.796.2626). APPLICATION FOR FINDING OF REASONABLE DILIGENCE in JEFFERSON AND DOUGLAS COUNTIES. 2. Names of Structures: a. Well No. G-1: In the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 565 feet from the South Section Line, 1911 feet from the West Section Line, Douglas County, Colorado. Decreed depth and construction: Vertical depth of not less than 40 feet or more than 110 feet from the ground surface to the bottom of the well with horizontal pipe which extends along and generally parallel to East Plum Creek for a distance not to exceed 2,250 feet. The portion of the horizontal pipe that is along and generally parallel to East Plum Creek shall be perforated; the vertical portion of the well and any portion of the horizontal pipe that is not along and generally parallel to East Plum Creek shall not be perforated. b. Well No. G-2: In the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 465 feet from the South Section Line, 2183 feet from the West Section Line, Douglas County, Colorado. Decreed depth and construction: Vertical depth of not less than 40 feet or more than 110 feet from the ground surface to the bottom of the well with horizontal pipe which extends along and generally parallel to East Plum Creek for a distance not to exceed 1,000 feet. The portion of the horizontal pipe that is along and generally parallel to East Plum Creek shall be perforated; the vertical portion of the well and any portion of the horizontal pipe that is not along and generally parallel to East Plum Creek shall not be perforated. c. Well No. G-4: Located in the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 90 feet from the South Section Line, 1,480 feet from the West Section Line, Douglas County, Colorado. d. Well No. G-5: Located in the SW1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 450 feet from the South Section Line, 1,120 feet from the West Section Line, Douglas County, Colorado. e. Well No. G-6: Located in the SW1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 480 feet from the South Section Line, 790 feet from the West Section Line, Douglas County, Colorado. f. Well No. G-7: Located in the NE1/4, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., 2,370 feet from the South Section Line, 2,130 feet from the West Section Line, Douglas County, Colorado. g. Well No. G-8: Located in the NE1/4, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., 2,300 feet from the South Section Line, 1,790 feet from the West Section Line, Douglas County, Colorado. h. Castle Pines Diversion Point S-1: Located in the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 20 feet from the South Section Line, 1,530 feet from the West Section Line, Douglas County, Colorado. i. Castle Pines Diversion Point S-2: Located in
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the NE1/4, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., 2,540 feet from the South Section Line, 2,590 feet from the West Section Line, Douglas County, Colorado. j. Plum Creek Reservoir: Located in the N1/2, SW1/4, the SE1/4, SW1/4, and the W1/2, W1/2, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., Douglas County, Colorado. k. Plum Creek Reservoir Outlet: Located in the NW1/4, SW 1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., 2,500 feet from the South Section Line, 500 feet from the West Section Line, Douglas County, Colorado. l. Plum Creek Wastewater Authority (“PCWA”) Outfall: Located in the SW1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 770 feet from the South Section Line, 100 feet from the West Section Line, Douglas County, Colorado. m. Rueter-Hess Reservoir and First Enlargement: Located in Section 36, the SE1/4 of Section 25 and the SE1/4 SE1/4 of Section 35, Township 6 South, Range 67 West; in Section 31 and the SW1/4 of Section 30, Township 6 South, Range 66 West; in the N1/2, the SW1/4 and the NE1/4 SE1/4 of Section 1 and the E1/2 of Section 2, Township 7 South, Range 67 West; in the NW1/4 and NW1/4 NE1/4 of Section 6, Township 7 South, Range 66 West, all of the 6th P.M., Douglas County, Colorado. The axis of the dam intersects the thread of Newlin Gulch at a point in the SE¼ SW¼ of Section 30, Township 6 South, Range 66 West of the 6th P.M., which point is approximately 98 feet north of the south section line and 2348 feet east of the west section line of said Section 30. n. Chatfield Reservoir: The reservoir is located in parts of Sections 1, 11, 12, and 14 of T. 6 South, Range 69 West of the 6th P.M. and parts of Sections 6 and 7 of T. 6 South, Range 68 West of the 6th P.M., in Douglas and Jefferson Counties. The point of Diversion is considered to be in the NW1/4, SE1/4, Section 1, Township 6 South, Range 69 West of the 6th P.M. in Douglas County, at a point 1,630 feet from the East line, and 2,520 feet from the South line of said Section 1, being the point at which the dam of Chatfield Reservoir intersects the former channel of the South Platte River. 3. Description of Conditional Water Rights (collectively hereinafter, the “Subject Water Rights”): a. Rights associated with Case No. 04CW292, decreed on March 4, 2013, Water Division 1. i Conditional direct flow tributary ground water right for each of the Wells No. G-4 through G-8 at or within 200 feet of its point of diversion described above. 1) Rate of Diversion: A. Well No. G-4: 1,000 gpm B. Well No. G-5: 1,000 gpm C. Well No. G-6: 1,000 gpm D. Well No. G-7: 1,000 gpm E. Well No. G-8: 1,000 gpm The combined maximum rate of diversion from Wells No. G-4 through G-8 and Castle Pines Diversion Points S-1 and S-2 shall not exceed 21 cfs when diverting simultaneously for direct use. 2) Source: Groundwater tributary to East Plum Creek. 3) Depth of Wells: Approximately 100 feet. 4) Date of Appropriation: October 21, 2004. 5) The water rights confirmed herein for Wells No. G-4 through G-8 are direct flow water rights for immediate use for beneficial uses and shall not be stored for subsequent use. ii Conditional direct flow surface water right for each of Castle Pines Diversion Points S- 1 and S-2, at its point of diversion located as described above. 1) Rate of Diversion: A. Castle Pines Diversion Point S-1: 21 cfs B. Castle Pines Diversion Point S-2: 21 cfs The combined maximum rate of diversion for Castle Pines Diversion Points S-1 and S-2 and Wells No. G-4 through G-8 shall not exceed 21 cfs when diverting simultaneously. 2) Source: East Plum Creek and tributaries thereto upstream of each point of diversion. 3) Date of Appropriation: October 21, 2004. 4) The water rights confirmed herein for Castle Pines Diversion Points S-1 and S-2 are direct flow water rights for immediate use for beneficial uses and shall not be stored for subsequent use. iii Conditional storage rights as follows: iv Plum Creek Reservoir. 1) Amount: 1,700 acre feet per year conditional (active capacity) with the right to fill and successively refill, conditional. 2) Date of Appropriation: October 21, 2004. 3) Points of diversion and rates of fill: A. Castle Pines Diversion Point S-1: 40 cfs B. Castle Pines Diversion Point S-2: 40 cfs C. Well No. G-1: 2,000 gpm D. Well No. G-2: 2,000 gpm E. Well No. G-4: 1,000 gpm F. Well No. G-5: 1,000 gpm G. Well No. G-6: 1,000 gpm H. Well No. G-7: 1,000 gpm I. Well No. G-8: 1,000 gpm 4) Reservoir depth: 50 feet. 5) Surface area at high water line: 50 acres. v Rueter-Hess Reservoir as Enlarged. 1) Amount: 4,000 acre feet per year conditional with the right to fill and successively refill, conditional. 2) Date of Appropriation: October 21, 2004. 3) Points of diversion and rates of fill: As stated in iv.3., above. 4) Surface area at high water line (corresponding to maximum structure capacity of 71,920 a.f.): 1,180 acres. 5) Maximum dam height: 196 ft. vi The water diverted pursuant to the storage rights confirmed herein may also be stored in the Denver Basin aquifers underlying the two Districts’ boundaries as they may change over time. At present, all or portions of the following sections are within such boundaries:
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Sections 32 and 33, Township 6 South, Range 67 West; Sections 3, 4, 5, 8, 9, 15, 16, 17, 20, 21 and 22, Township 7 South, Range 67 West; all of the 6th P.M. vii Source: The water to be stored in Plum Creek Reservoir and the Rueter-Hess Enlargement pursuant to the storage rights confirmed herein will be tributary ground water diverted from the alluvium of East Plum Creek through the wells described above, and surface water diverted from East Plum Creek and tributaries thereto upstream of the points of diversion described above. In addition, the water stored in these two reservoirs will include: (a) reusable return flows derived from the exercise of any reusable water rights owned or controlled by Applicants that are released upstream at the PCWA Outfall and which are quantified and approved for reuse and rediversion by a previous or subsequent decree of this Court and which are diverted to storage at Castle Pines Diversion Points S-1 and S-2; (b) water diverted out of priority through Wells No. G-4 through G-8, pursuant to the plan for augmentation decreed in Case No. 09CW275, Water Division 1; or (c) water diverted by exchange. Reusable return flows may not be diverted or rediverted at Wells No. G-4 through G-8, or through Wells No. G-1 or G-2 unless Wells No. G-1 and G-2 are constructed as originally decreed in Case No. 85CW479, Water Division 1, and diversion of such reusable return flows is authorized by the decree in Case No. 85CW479, Water Division 1, but reusable return flows may be used for augmentation of Wells No. G-1, G-2 and G-4 through G-8 pursuant to an approved plan for augmentation. viii Conditional rights of exchange by which substitute supplies will be released from Exchange-From Points and the same amount will be diverted by exchange at Exchange-To Points. These exchanges are more fully described as follows: 1) Exchange-From Point (see above for legal description): A. PCWA Outfall 2) Exchange-To Points and maximum rate of diversion by exchange (see above for legal descriptions): A. Well No. G-1, subject to the condition that Well No. G-1 is constructed as originally decreed in Case No. 85CW479, Water Division 1: 2,000 gpm B. Well No. G-2, subject to the condition that Well No. G-2 is constructed as originally decreed in Case No. 85CW479, Water Division 1: 2,000 gpm C. Well No. G-4: 1,000 gpm D. Well No. G-5: 1,000 gpm E. Well No. G-6: 1,000 gpm F. Castle Pines Diversion Point S-1: 10 cfs G. Well Nos. G-4, G-5 and G-6 shall operate as Exchange-To Points only in conjunction with the plan for augmentation decreed in Case No. 09CW275 and only when Applicants replace out-of-priority depletions from the pumping of Well Nos. G-4, G-5 and/or G-6 with downstream augmentation sources pursuant to the decree in Case No. 09CW275. The Exchange-To Point for each of Well Nos. G-4, G-5 and G-6 shall be the location at which depletions from the pumping of such well accrue to East Plum Creek. 3) Source of substitute supply: Applicants’ reusable return flows released at the PCWA Outfall generated from Applicants’ use of water attributable to the exercise of rights to withdraw and use nontributary and not-nontributary Denver Basin aquifer ground water underlying the Districts’ boundaries and water diverted pursuant to the appropriations confirmed herein. 4) Date of Appropriation: October 21, 2004. b. Rights Associated with 04CW308, decreed on March 4, 2013, Case No. 04CW308, Water Division 1. i Chatfield Reservoir, an on-channel reservoir located as described above. 1) Amount: 1,000 acre feet per year, conditional, with the conditional right to fill and successively refill, conditional. 2) Date of Appropriation: November 9, 2004. 3) Point of diversion: Chatfield Reservoir Dam 4) Rate of fill: Flow of the river 5) Dam height: 147 feet 6) Dam length: 13,136 feet 7) Surface area at high water line (corresponding to maximum structure capacity of approximately 355,000 a.f.): 4,822 acres 8) Source: The South Platte River and tributaries thereto upstream of the point of diversion. 9) Beneficial Uses: Water derived from any and all of the rights decreed in 04CW308 will be used by the Applicants for municipal and domestic purposes including, but not limited to: fire protection; irrigation of lawns, gardens, parks, golf courses, and private and municipal facilities; domestic, municipal, agricultural, sanitary, commercial, manufacturing, mechanical and industrial uses; recreational purposes; creation and maintenance of wetlands; stock watering; fish and wildlife propagation; dust suppression; revegetation; reservoir evaporation replacement; augmentation, exchange and replacement purposes. Subject to the provisions of the 04CW308 Decree, such water may be used, reused, successively used, stored and disposed of following initial use, and used to extinction, both by Applicants and pursuant to agreements with other water users, for the beneficial uses described herein. ii Applicants have appropriated conditional rights of exchange by which substitute supplies will be released from Exchange-From Points and the same amount of water will be diverted by exchange at Exchange-To Points. These exchanges are more fully described as follows: 1) Exchange-
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From Points (see above for legal descriptions): A. Chatfield Reservoir B. Plum Creek Reservoir Outlet 2) Exchange-To Points and maximum rate of diversion by exchange: A. Well No. G-1, subject to the condition that Well No. G-1 is constructed as originally decreed in Case No. 85CW479, Water Division 1: 2,000 gpm B. Well No. G-2, subject to the condition that Well No. G-2 is constructed as originally decreed in Case No. 85CW479, Water Division 1: 2,000 gpm C. Well No. G-4: 1,000 gpm D. Well No. G-5: 1,000 gpm E. Well No. G-6: 1,000 gpm F. Well No. G-7: 1,000 gpm G. Well No. G-8: 1,000 gpm H. Castle Pines Diversion Point S-1: 40 cfs I. Castle Pines Diversion Point S-2: 40 cfs J. Wells No. G-4 through G-8 shall operate as Exchange-To Points only in conjunction with the plan for augmentation decreed in Case No. 09CW275 and only when Applicants replace out-of-priority depletions from the pumping of Wells No. G-4 through G-8 with downstream augmentation sources pursuant to the decree in Case No. 09CW275. The Exchange-To Point for each of Wells No. G-4 through G-8 shall be the location at which depletions from the pumping of such well accrue to East Plum Creek. 3) Places of Storage following exchange: A. Plum Creek Reservoir, an off-channel reservoir to be located as described above. B. Rueter-Hess Reservoir as Enlarged, an off-channel reservoir to be located as described above. C. The Denver Basin aquifers underlying the two Districts’ boundaries as they may change over time. At present, all or portions of the following sections are within such boundaries: Sections 32 and 33, Township 6 South, Range 67 West; Sections 3, 4, 5, 8, 9, 15, 16, 17, 20, 21 and 22, Township 7 South, Range 67 West; all of the 6th P.M. 4) Sources of substitute supply: In general, the water rights to be used by Applicants as substitute supply will be water stored in Applicants’ storage space in Chatfield Reservoir or in Plum Creek Reservoir from the following sources: a] water attributable to the exercise of the Districts’ rights to use nontributary or not- nontributary ground water from Denver Basin wells within the Districts and/or from the Hock Hocking Mine, b] the in-priority operation of Applicants’ water rights adjudicated in this case and in Cases No. 85CW479, 04CW292 and 09CW279, Water Division 1; c] the consumable portion of water rights changed in Case No. 09CW279, Water Division 1 and of unchanged water rights currently owned by Applicants; d] contractual rights to use water that may be obtained from the City of Aurora and/or the City and County of Denver acting by and through its board of water commissioners resulting from a proposed agreement currently referred to as the WISE Agreement, or a successor to that agreement, and e] reusable effluent and outdoor use return flows generated from the initial use of water from any or all of the above water rights except those adjudicated in Case No. 85CW479, Water Division 1. 4. Outline of Work Done Toward Completion: During this diligence period, Castle Pines North and Castle Pines Metro took the following actions toward completion of the Subject Water Rights: a. Castle Pines North’s Diligence Activities: i Castle Pines North completed the acquisition of 1,006 acre feet of water storage capacity in Chatfield Reservoir through the Chatfield Reallocation Project. During this diligence period, Castle Pines North incurred debt and made out-of-pocket cash payments totaling in excess of $8,350,000 to acquire this asset. In addition, Castle Pines North spent approximately $75,000 on activities related to obtaining U.S. Army Corps of Engineers’ (“CoE”) approval of the Reallocation, including participating in the negotiation of the Reallocation Agreement between the CoE and Colorado Departments of Natural Resources (“CDNR”), participating in the negotiation and drafting of the Water Provider Agreements between Colorado DNR and the Water Providers who acquired reallocated storage space, participating in the development of the Chatfield Reallocation Mitigation Company (“CRMC”) and the drafting of its organic documents, and participating in the negotiation of other documents necessary for the Chatfield Reallocation participants to complete their purchases, assisting with the development and implementation of the SWSP required in connection with CRMC mitigation efforts, and participation on the Chatfield Operations Accounting Committee. In addition, Castle Pines North holds a seat on the board of CRMC, the organization that oversees and pays for the implementation and completion of all mitigation required by the CoE and CDNR pursuant to the agreements referenced above. ii Castle Pines North spent approximately $1,800,000 during this diligence period completing the construction of its Centennial Interconnect by which Castle Pines North’s water in Chatfield Reservoir is treated and wheeled through the Centennial Water & Sanitation District potable water system to a delivery point from which the Interconnect conveys the water to Castle Pines North’s potable water distribution system. iii Castle Pines North is a member of the South Platte Water Related Activities Program, Inc. (“SPWRAP”), a nonprofit corporation created to partner with the
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State of Colorado to ensure that the State’s obligations arising under the Platte River Recovery and Implementation Plan Cooperative Agreement, between the States of Nebraska, Wyoming and Colorado and the U.S. Department of Interior are met. Membership in SPWRAP is a requirement for Chatfield Reallocation participants, and is a means of ESA compliance for federally listed species in the “Big Bend” reach of the Platte River in Nebraska for other water infrastructure activities in Colorado that require federal authorization. Castle Pines North has paid approximately $19,000 in SPWRAP assessments during the diligence period through 2018. iv Castle Pines North began a water court proceeding to change the place and type of use of its shares in the Lupton Bottom Ditch Company and Meadow Island Irrigation Company. Those shares provide a portion of the substitute supply used in the Castle Pines North South Platte River Exchanges. Castle Pines North has spent approximately $155,000 on engineering and legal fees related to that case through January 2019. v Castle Pines North has spent approximately $223,000 on actions required to comply with the change of use portion of its decree in 09CW279, legal and engineering fees related to leasing and management of its ditch company shares and farmland located between Ft. Lupton and Platteville to maintain the water rights in preparation for their incorporation into the District’s potable system, and in connection with investigation and evaluation of opportunities for development of gravel pit storage to be used in connection with the water rights involved in this application. vi Castle Pines North spent approximately $473,000 in legal and engineering fees participating in numerous water court cases to protect its own water rights. vii Castle Pines North operates an integrated water system, of which the water rights that are the subject of this application will be a part. In the development of its integrated system, Castle Pines North: 1) Spent approximately $9,000 in legal and engineering fees for the development of the application and prosecution of Case No. 14CW3039, in which it and its co-owner / co-applicant Castle Pines Metro obtained a finding of reasonable diligence on the tributary groundwater rights originally decreed in Case No. 85CW479. 2) Spent approximately $1,950,000 on maintenance and repair of Denver Basin Wells and potable water distribution system. 3) In 2018 Castle Pines North paid cash and incurred debt in the amount of approximately $4,900,000 to fund its 13.68% share of the 3.0 MGD expansion of Plum Creek Wastewater Reclamation Authority’s WWTP. b. Castle Pines Metro’s Diligence Activities: i Castle Pines Metro filed Case No. 18CW3232, in which it seeks to change the water rights decreed in Case Nos. 04CW292 and 04CW308 to allow diversion and storage at alternate locations and to confirm additional exchange-to and exchange-from locations. The proposed changes would reduce infrastructure costs and simplify stream administration by allowing diversion and storage at existing facilities owned by the Town of Castle Rock. ii During the diligence period, Castle Pines Metro engaged multiple consulting firms to develop a water resources long range plan. The plan includes comprehensive review, analysis, and recommendations for implementation of a conjunctive use plan that would optimize water treatment systems, water storage facilities, reuse infrastructure, and complex water conveyance systems. The conjunctive use plan includes analysis of hydrology, infrastructure, and environmental concerns and has provided direction for utilization of the Subject Water Rights by the District. iii Property was acquired to construct a new water storage tank to improve the management of Castle Pines Metro’s ground water supply during demand peaking periods. The additional storage is an integral part of the District’s conjunctive use plan that provides an equalization component necessary for coordination between the District’s Denver Basin water rights, East Plum Creek water rights (including the subject water rights at issue in this proceeding), Chatfield Reservoir storage, raw water distribution, treatment, and conveyance to the District. iv Castle Pines Metro had numerous discussions with the Town of Castle Rock regarding the use of Castle Rock’s facilities to divert, store, and treat the water rights at issue in this proceeding and participation in the construction of related infrastructure. v Castle Pines Metro engaged in discussions with the Town of Castle Rock regarding amendment of an existing agreement regarding reuse of Castle Pines Metro and Town of Castle Rock effluent. vi Castle Pines Metro operates an integrated water system, of which the water rights that are the subject of this application will be a part. In the development of its integrated system, Castle Pines Metro repaired, maintained and made improvements to Denver Basin wells, pipelines, the District treatment plant, meters, pump stations, lift stations, leak detectors, and a telemetry system; maintained membership in and paid fees to the Chatfield Watershed Authority; maintained membership in and payment of fees to Colorado Rural Water Association, Colorado Foundation for Water Education, and
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Chatfield Watershed Authority; and participated in the Chatfield Reservoir Reallocation Project. vii During the diligence period, Castle Pines Metro, with its co-owner Castle Pines North, obtained a finding of continuing diligence in Case No. 14CW3039 for the East Plum Creek water rights adjudicated in Case No. 85CW479. viii During the diligence period, Castle Pines Metro participated in numerous Water Court cases as an opposer in order to protect its water rights, including the water rights at issue in this proceeding. ix During the diligence period, Castle Pines Metro expended in excess $3,000,000.00 on the foregoing activities. 5. Amount claimed absolute: a. Castle Pines North: None. Castle Pines North is seeking a finding of reasonable diligence only as to all of the water rights described herein. b. Castle Pines Metro: None. Castle Pines Metro is seeking a finding of reasonable diligence only as to all of the water rights described herein. 6. Names and addresses of owners or reputed owners of the land upon which diversion and storage structures are located or are to be constructed: a. Plum Creek Wastewater Authority, a/k/a Plum Creek Water Reclamation Authority, 5880 Country Club Drive, Castle Rock, CO 80108 is the owner of the land on which the following structures are or will be located: G-1, G-2, G-7, G-8, S-2, Plum Creek Reservoir and its outlet. This entity is composed of Castle Pines Metro, Castle Pines North, and the Town of Castle Rock. b. The Town of Castle Rock, 100 Wilcox St., Castle Rock, CO 80104 is the owner of the land on which the following structures are or will be located: G-4, G-5, G-6, S-1 and the confluence of the PCWA Outfall with East Plum Creek. c. Rueter-Hess Reservoir: Parker Water & Sanitation District, 18100 Woodman Dr., Parker, CO 80134. Castle Pines North has acquired the right to use storage capacity in Rueter-Hess Reservoir pursuant to that Intergovernmental Agreement with Parker Water & Sanitation District and others, recorded 08/28/2008 at reception number 2008060219 (the “Storage IGA”) and a Storage Easement Deed recorded on the same date at reception number 2008060221. d. Chatfield Reservoir: U.S. Army Engineer, Omaha District, 1616 Capitol Avenue, Suite 9000, Omaha, Nebraska 68102-9000. 18 pages including exhibits, which are: Map of Exchange-To Points and Exchange-From Points Excluding Chatfield, and Map of Storage Locations.
2019CW3061 Todd Creek Village Metropolitan District (“Todd Creek”) and West South Platte Water & Reservoir Company, LLLP (“WSP”) c/o Wayne F. Forman and Michael P. Smith, Brownstein Hyatt Farber Schreck, LLP,410 Seventeenth Street, Suite 2200, Denver, Colorado 80202-4437, Phone: 303- 223-1100, E-mail: [email protected]; [email protected]. APPLICATION FOR CHANGES OF CONDITIONAL WATER RIGHTS, NEW SURFACE WATER RIGHTS AND A NEW WATER STORAGE RIGHT. IN ADAMS, BOULDER AND WELD COUNTIES. Purpose of Application By this Application, Todd Creek and WSP seek to adjudicate water rights that can be used to supply oil and gas exploration and production, including hydraulic fracturing, both within and outside of Todd Creek’s 12,891-acre service area as shown on Exhibit A, as it may be expanded or modified in the future, as well as for municipal purposes to supply the demands of existing and future residents within Todd Creek’s service area. WSP, the successor to H3O, LLC, owns certain water rights that are used to supply Todd Creek’s demands, including certain extraterritorial contractual commitments. It is contemplated that over time, the use of the claimed water rights will transition from primarily oil and gas to municipal use within Todd Creek’s service area. The conditional water rights decreed in Case No. 13CW3181 are for multiple beneficial uses, including to supply water for oil and gas purposes under a November 13, 2013 Water Carriage, Storage and Purchase Agreement with Anadarko Petroleum Corporation (the “2013 Anadarko Agreement”). That agreement was renewed by a December 1, 2017 Water Storage and Purchase Agreement (the “2017 Anadarko Agreement”), which was explicitly referenced in the decree for the Mann Lakes Reservoir decreed in Case No. 16CW3019. By this Application, Applicants request a change of Todd Creek’s conditional rights for surface diversions, wells and storage decreed in Case Nos. 13CW3181 and 16CW3019, to allow these rights and associated structures to supply water for oil and gas operations under a December 31, 2018 Water Supply Agreement (the “WSA”) between WSP and Great Western Operating Company, LLC (“Great Western”) and to clarify that the rights decreed in Case No. 13CW3181 can be used to satisfy the 2017 Anadarko Agreement. Applicants further seek conditional storage rights for the Mann Lakes Reservoir decreed in Case No. 16CW3019 for an enlargement, an additional third fill, and conditional direct flow water rights at several points of diversion on the South Platte River; conditional
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water rights for second enlargements of the Signal Reservoirs Nos. 1 and 2; and changes of the place of storage of the conditional rights for the Baseline Lakes and Marcus Reservoirs to consolidate them into the Signal Reservoirs, all to supply Todd Creek’s current and future water supply needs and to meet the demands of the 2017 Anadarko Agreement and the WSA, and any renewal or successor agreements. Change of Conditional Water Rights: Case No. 13CW3181. Water Rights to be Changed: Applicants seek a change of the following conditional water rights decreed in Case No. 13CW3181 to add the right to supply water for oil and gas operations in Adams, Boulder, and Weld counties under the 2017 Anadarko Agreement and the WSA, including through new points of re-diversion. Names of Structures: TCVS-01 and TCVS-02. Legal Descriptions: TCVS-01: A point in the NE1/4 of the SE1/4 of Section 1, T.1S., R.67W., of the 6th P.M., 1,704 feet from the South Section Line and 496 feet from the East Section Line of said Section 1. See map attached as Exhibit B. TCVS-02: A point in the NE1/4 of the SE1/4 of Section 1, T.1S., R.67W., of the 6th P.M., 1,802 feet from the South Section Line and 471 ft from the East Section Line of said Section 1. See map attached as Exhibit B. Source: South Platte River. Date of Appropriation: November 15, 2013. Decreed Amount: 40 c.f.s. cumulative, conditional to be diverted at TCVS-01 and TCVS-02 as alternate points of diversion. Combined diversions through TCVS-01 and TCVS-02 shall be limited to a maximum cumulative rate of diversion of 40 c.f.s. at any one time. Decreed Uses: Todd Creek will divert unappropriated water in priority from these two diversion points and use said water immediately for municipal, domestic, irrigation, industrial, commercial, and recreational purposes. Uses will occur on and for the benefit of lands and residents within the Todd Creek’s 12,891-acre service area as shown on Exhibit A, as it may be expanded or modified in the future, and to supply the following existing short-term and long-term water service obligations outside its service area: November 13, 2013 Water Carriage, Storage and Purchase Agreement; and April 23, 2003 Agreement for Extraterritorial Water Service. Name of Well: TCQAL-1 (Well Permit No. 77270-F). Legal Description: NE1/4 SE1/4 Section 1, T.1S., R.67W., 6th P.M., Adams County, Colorado, 2,120 feet from the South Section line and 238 feet from the East Section line. See Exhibit B. Source: Ground water tributary to the South Platte River. Dates of Appropriation: April 5, 2006 and March 8, 2013. Decreed Amount: 1,000 gpm, conditional (750 gpm as of April 5, 2006 and 250 gpm as of March 8, 2013). Name of Well: TCQAL-2 (Well Permit No. 77271- F). Legal Description: NE1/4 SE1/4 Section 1, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,645 feet from the South Section line and 543 feet from the East Section line. See Exhibit B. Source: Ground water tributary to the South Platte River. Date of Appropriation: March 19, 2004 and March 8, 2013. Decreed Amount: 1,000 gpm, conditional (750 gpm as of March 19, 2004 and 250 gpm as of March 8, 2013). Name of Well: TCQAL-3 (Well Permit No. 77272-F). Legal Description: NE1/4 SE1/4 Section 1, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,900 feet from the South Section line and 600 feet from the East Section line. See Exhibit B. Source: Ground water tributary to the South Platte River. Date of Appropriation: March 8, 2013. Decreed Amount: 1,000 gpm, conditional. Name of Well: TCQAL-4 (Well Permit No. 77323-F). Legal Description: SW1/4 NW1/4 Section 6, T.1S., R.66W., 6th P.M., Adams County, Colorado, 1,895 feet from the North Section line and 90 feet from the West Section line. See Exhibit B. Source: Ground water tributary to the South Platte River. Date of Appropriation: March 8, 2013. Decreed Amount: 1,000 gpm, conditional. Maximum rate of diversion: The maximum rate of withdrawal from each individual well is 1,000 gpm. Decreed Uses: Todd Creek will use water diverted from these four wells for immediate use for municipal, domestic, irrigation, industrial, commercial, and recreational purposes. Uses will occur on and for the benefit of lands and residents within the Applicant’s 12,891-acre service area as shown on Exhibit A, as it may be expanded or modified in the future, and outside of that area to supply the existing short-term water service and long-term water service obligations outside its service area described in paragraph 6.8 of the 13CW3181 decree. J.B. Smith Reservoir Location: The center of the dam is located in the NE1/4 SW1/4 of Section 9, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,559 feet from the South Section line and 2,584 feet from the West Section line of said Section 9. See map attached as Exhibit C. Location of J.B. Smith Reservoir Outlet Works: SW1/4 SE1/4 Section 9, Township 1 South, Range 67 West, 6th P.M., 1,033 feet from the South Section line and 2,449 feet from the East Section line of said Section 9. Surface Area: Approximately 35 acres. Dam Height: Approximately 11.7 feet. Decreed Amount: 325 acre-feet, conditional, with a right to successively
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refill, subject to the volumetric limits in paragraph 17 of the 13CW3181 decree, in addition to the existing storage rights decreed in Case No. 54658, Denver District Court, on November 12, 1924, with an appropriation date of May 1, 1907, for approximately 150.0 acre-feet, and decreed in Case No. 60052, Denver District Court, on May 13, 1936, with an appropriation date of May 1, 1907 for 263.6 acre-feet. Source: Surface flows in the South Platte River through the surface structures TCVS-01 and TCVS-02 described above, and ground water tributary to the South Platte River through wells TCQAL-1 through TCQAL-4 described above. The maximum rates of diversion through these structures to storage and for direct flow combined are described above. Date of Appropriation: December 31, 2013. Signal Reservoir 1 Location: The center of the dam is located in the NE1/4 NW1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 565 feet from the North Section line and 1,474 feet from the West Section line of said Section 4. See map attached as Exhibit C. Surface Area: Approximately 39 acres. Dam Height: Approximately 22 feet. Decreed Amount: 490 acre-feet, conditional, with a right to successively refill, subject to the volumetric limits in paragraph 17 of the 13CW3181 decree. Source: Surface flows in the South Platte River through the surface structures TCVS-01 and TCVS-02 described above, and ground water tributary to the South Platte River through wells TCQAL-1 through TCQAL-4 described above. The maximum rates of diversion through these structures to storage and for direct flow combined are described above. Date of Appropriation: December 31, 2013. Signal Reservoir 2 Location: The center of the dam is located in the SW1/4 NE1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,493 feet from the North Section line and 2,190 feet from the East Section line of said Section 4. See map attached as Exhibit C. Surface Area: Approximately 18.4 acres. Dam Height: Approximately 9 feet. Decreed Amount: 135 acre-feet, conditional, with a right to successively refill, subject to the volumetric limits in paragraph 17 of the 13CW3181 decree. Source: Surface flows in the South Platte River through the surface structures TCVS-01 and TCVS-02 described above, and ground water tributary to the South Platte River through wells TCQAL-1 through TCQAL-4 described above. The maximum rates of diversion through these structures to storage and for direct flow combined are described above. Date of Appropriation: December 31, 2013. Signal Reservoir 2 Enlargement Location: The center of the dam is located in the SW1/4 NE1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,493 feet from the North Section line and 2,190 feet from the East Section line of said Section 4. See map attached as Exhibit C. Surface Area: Approximately 18.4 acres. Dam Height: Approximately 9 feet. Decreed Amount: An additional 30 acre-feet, conditional, with a right to successively refill, for a total claimed volume in Signal Reservoir 2 of 165 acre-feet, conditional, with a right to successively refill, subject to the volumetric limits in paragraph 17 of the 13CW3181 decree. Source: Surface flows in the South Platte River through the surface structures TCVS-01 and TCVS-02 described above, and ground water tributary to the South Platte River through wells TCQAL-1 through TCQAL-4 described above. The maximum rates of diversion through these structures to storage and for direct flow combined are described above. Date of Appropriation: March 31, 2015. Decreed Uses: All of the foregoing conditional storage rights shall be used for municipal, domestic, irrigation, industrial, commercial, recreational, augmentation, replacement and exchange purposes. Uses will occur on and for the benefit of lands and residents within the Applicant’s 12,891-acre service area as shown on Exhibit A, as it may be expanded or modified in the future, and outside of that area through existing extraterritorial service contracts described in paragraph 6.8 of the 13CW3181 decree. Proposed Change: Applicants propose to change the place and type of use of the foregoing conditional water rights by adding to their decreed beneficial uses the right to supply water for oil and gas exploration and production under both the 2017 Anadarko Agreement and the WSA, and any renewal or successor agreements, through existing points of diversion and new points of re-diversion. Anadarko Agreement: The 2017 Anadarko Agreement has substantially the same terms and conditions as the 2013 Anadarko Agreement, except that the amount of water to be delivered to Anadarko was increased from 600 acre-feet per year to 2,000 acre-feet per year on a take-or-pay and option basis. Applicants maintain that the 13CW3181 decree authorizes the use of water under a successor agreement to the 2013 Anadarko Agreement, but to confirm that position, Applicants seek a change of water rights to allow that use. Under both agreements, water is delivered into Anadarko’s pipeline at the Signal Reservoirs. From there, Anadarko uses or will use the water for oil and gas exploration and development, including the
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hydraulic fracturing of wells in Adams, Boulder, and Weld counties. Water used for oil and gas exploration and development is fully consumed. The WSA: Under the WSA, WSP has committed to deliver up to 5,000 acre-feet in any one year, and an average of 4,000 acre-feet per year over a 10-year term, for use by Great Western in its oil and gas operations, including the hydraulic fracturing of wells in Adams and Weld counties, outside of Todd Creek’s service area. Water used for oil and gas exploration and development is fully consumed. Points of re-diversion: To accommodate the new places and types of use of the foregoing conditional water rights, Applicants claim the fourteen points of diversion described below in paragraph 7 and depicted in Exhibit E as points of re-diversion. Applicants will release water stored in the structures described in this paragraph 3 and re-divert such water at the new points of re-diversion for application to beneficial uses. Applicants propose to add these beneficial uses to the above direct flow, underground, and storage rights conditionally decreed in Case No. 13CW3181. All other terms of that decree, including its diversion and volumetric limits, as well as the plan for augmentation and appropriative right of exchange, are to remain the same. Change of Conditional Water Right: Case No. 16CW3019. Water Rights to be Changed: Applicants seek a change of the following conditional water right for the Mann Lakes Reservoir decreed in Case No. 16CW3019 to add the right to supply water for oil and gas exploration and development in Adams and Weld counties under the WSA (this water right is already decreed for use to supply the 2017 Anadarko Agreement), increase the rate of diversion into storage in Mann Lakes, and add additional points of re-diversion following release from storage. Name of Structure. Mann Lakes Reservoir (“Mann Lakes”). Structure Description. Mann Lakes is an off-channel, lined gravel pit reservoir complex consisting of three interconnected cells known as Mann Lake No. 1, Mann Lake No. 2, and Mann Lake No. 3. Todd Creek will store water in Mann Lakes in a dedicated storage space and on a space-available basis, consistent with certain intergovernmental agreements regarding Mann Lakes between South Adams County Water and Sanitation District, Todd Creek, and Adams County (the “IGAs”). The reservoir is decreed to release water from an outlet to the South Platte River at a rate of 27.41 c.f.s. Legal Description of Location: Mann Lakes is located in Section 34 and the SE1/4 of Section 33, all in Township 1 South, Range 67 West of the 6th P.M. as shown on the map attached as Exhibit D. The outlet for Mann Lakes (the “Outlet”) is located in SE1/4 of the NE1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M. at a point approximately 2,392 feet from the North Section line and 1,049 feet from the East Section line of said Section 34 as shown in Exhibit D. The UTM coordinates for the Outlet are: 13N 511179.79 E, 4419130.4 N. The Outlet will release water to the South Platte River and will have a capacity of 27.41 c.f.s. Total Capacity: The estimated total capacity of Mann Lakes is 3,741 acre-feet, comprising active capacity of 3,741 acre-feet and dead storage of 0 acre-feet. Decreed Amount: Subject to the volumetric limitations set forth in paragraph 23.9 of the 16CW3019 decree, a right to one fill and one refill in each water year, equal to the lesser of (a) the actual, as-built total volume of Mann Lakes, or (b) 3,741 acre-feet, at the following rates of diversion to storage: Brantner Ditch: 110 c.f.s. Mann Lakes South Platte River Diversion: 21 c.f.s. Source: South Platte River. Points of Diversion: Brantner Ditch: The headgate of the Brantner Ditch is located on the west bank of the South Platte River at a point in the NE1/4 of the SW1/4 of Section 4, Township 2 South, Range 67 West of the 6th P.M. at a point approximately 2,550 feet from the South Section line and 2,150 feet from the West Section line of said Section 4. The UTM coordinates for the Brantner Ditch headgate are: 13N 508940 E, 4417400 N. Mann Lakes South Platte River Diversion: This point of diversion for the Reservoir will be located at a point in the SE1/4 of the SW1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M., at a point approximately 787 feet from the South Section line and 2,300 feet from the West Section line of said Section 34, as shown on The UTM coordinates for the South Platte point of diversion are: 13N 510594.64 E, 4418484.1 N. Date of appropriation. December 30, 2015. Decreed Use. Use, reuse and successive use to extinction within Applicant’s service area as depicted on Exhibit A, as the same may be modified or expanded in the future, and to serve Todd Creek’s existing extraterritorial service agreements dated November 13, 2013, as superseded by successor agreement dated December 1, 2017 (Water Storage and Purchase Agreement), and April 23, 2003 (Agreement for Extraterritorial Water Service), for augmentation, substitution, exchange, and replacement purposes, including for use in Applicant’s augmentation plan in Case No. 13CW3181, and for all municipal purposes, including but not limited to domestic, commercial, industrial, irrigation,
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recreation, piscatorial, and fire protection purposes. All of the aforementioned uses will be made after storage in Mann Lakes, or after release from Mann Lakes to the South Platte River through the Outlet and through re-diversion at TCVS-1 and TCVS-2 described above and stored in the reservoirs described above and decreed in Case No. 13CW3181 and depicted on the map attached as Exhibit B. Todd Creek will take return flow credit for water applied to beneficial use by tracking and accounting for wastewater treated and released from the wastewater treatment plant—either the Hite Plant or Northern Treatment Plant—at which Todd Creek’s wastewater is treated, and for return flows from lawn irrigation and septic systems. Prior to taking credit for such return flows, Todd Creek will file a new application to quantify the return flows. Additionally, although the water right is decreed for reuse and successive use to extinction, no reuse or successive use of the water right may occur until a subsequent decree authorizes reuse and successive use, quantifies the rate, timing, and location of water available for such reuse and successive use, and approves the points of diversion or re-diversion for the water available for such reuse and successive use. Points of Re-Diversion: TCVS-01 and TCVS-02, as described above. Places of Storage Following Re-Diversion: J.B. Smith Reservoir , Signal Reservoir 1, Signal Reservoir 2 and Signal Reservoir 2 Enlargement, Marcus Reservoir, Baseline East and West Reservoirs (aka Guthrie Reservoirs 1 and 2, Enlargement of Baseline East and Baseline West Reservoirs, as described above and in Case No. 13CW3181. Proposed Changes: Applicants propose to change the place and type of use of the foregoing conditional water right by adding to its decreed beneficial uses the right to supply water for oil and gas operations including hydraulic fracturing under the WSA and any renewal or successor agreements. The WSA: Under the WSA, WSP has committed to deliver up to 5,000 acre-feet in any one year for use by Great Western in its oil and gas operations, including the hydraulic fracturing of wells in Adams and Weld counties, outside of Todd Creek’s service area. Attached as Exhibit D is a map showing the location of the Outlet. Water stored in Mann Lakes will be delivered directly to the South Platte River for transport to Great Western’s delivery locations depicted on Exhibit E. Water used for oil and gas exploration and development is fully consumed. Applicants propose to add this beneficial use to the above storage right conditionally decreed in Case No. 16CW3019. Applicants propose to increase the rate of diversion of the Mann Lakes South Platte River Point of Diversion from 21 c.f.s. to 30 c.f.s. to account for an upgraded pump. Applicants propose to add the fourteen new points of diversion described below in paragraph 7 as points of re-diversion. All of the aforementioned uses will be made either (a) after storage in Mann Lakes, (b) after release from Mann Lakes to the South Platte River and through re-diversion at TCVS-1 and TCVS-2 described above and stored in the reservoirs described above and decreed in Case No. 13CW3181 and depicted on the map attached as Exhibit C, or (c) after release from Mann Lakes to the South Platte River and through re- diversion at the points of diversion described below in paragraph 7. Claim for Conditional Storage Right: Mann Lakes Reservoir First and Second Fill Enlargement. Name of Structure. Mann Lakes. Structure Description. See paragraph 4.2 above. Legal Description of Location. See paragraph 4.3 above. Total Capacity: The current estimated total capacity of Mann Lakes is 3,741 acre-feet, comprising active capacity of 3,741 acre-feet and dead storage of 0 acre-feet. Amount Claimed: An additional 250 acre-feet, subject to the actual as-built capacity of Mann Lakes, conditional, with a right to fill and refill. The two enlargement fills will be accomplished at the following rates of diversion to storage: Brantner Ditch: 110 c.f.s. Mann Lakes South Platte River Diversion: 30 c.f.s. Source: South Platte River. Points of Diversion. See paragraph 4.7 above. Date of appropriation. March 29, 2019. How appropriation was initiated: By the formation of an intent to appropriate and together with physical acts manifesting that intent including entering into the WSA and the filing of the application in this case. Claimed Uses: All uses decreed in Case No. 16CW3019 as well as the right to supply water for oil and gas exploration and production, including for hydraulic fracturing, under the WSA and 2017 Anadarko Agreement and any renewal or successor agreements, use, reuse and successive use to extinction within Todd Creek’s service area as depicted on Exhibit A, as the same may be modified or expanded in the future, for existing extraterritorial water municipal supply agreements including the April 23, 2003 (Agreement for Extraterritorial Water Service), for augmentation, substitution, exchange, and replacement purposes, including for use in Todd Creek’s augmentation plan in Case No. 13CW3181, and for all municipal purposes, including but not limited to domestic, commercial, industrial, irrigation, recreation, piscatorial, and fire protection purposes.
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All of the aforementioned uses will be made either (a) after storage in Mann Lakes, (b) after release from Mann Lakes to the South Platte River and through re-diversion at TCVS-1 and TCVS-2 described above and stored in the reservoirs described above and decreed in Case No. 13CW3181 and depicted on the map attached as Exhibit C, or (c) after release from Mann Lakes to the South Platte River and through re- diversion at the points of diversion described below in paragraph 7. Todd Creek will take return flow credit for water applied to beneficial use by tracking and accounting for wastewater treated and released from the wastewater treatment plant—either the Hite Plant or Northern Treatment Plant—at which Todd Creek’s wastewater is treated, and for return flows from lawn irrigation and septic systems. Prior to taking credit for such return flows, Todd Creek will file a new application to quantify the return flows. Additionally, although the water right is decreed for reuse and successive use to extinction, no reuse or successive use of the water right may occur until a subsequent decree authorizes reuse and successive use, quantifies the rate, timing, and location of water available for such reuse and successive use, and approves the points of diversion or re-diversion for the water available for such reuse and successive use. Remarks: Todd Creek’s original designs estimated the capacity in Mann Lakes to be 3,741 acre-feet. Ongoing construction operations have indicated that that the reservoir will have additional capacity beyond 3,741 acre-feet once completed. Under this conditional storage right, Todd Creek claims such additional capacity for the first and second fills. Todd Creek will confirm the final volume under this storage right through a final survey. Claim for Conditional Storage Right: Mann Lakes Reservoir Third Fill. Name of Structure. Mann Lakes. Structure Description. See paragraph 4.2 above. Legal Description of Location. See paragraph 4.3 above. Total Capacity: The estimated total capacity of Mann Lakes is 3,741 acre-feet, comprising active capacity of 3,741 acre-feet and dead storage of 0 acre-feet. Amount Claimed: A third fill of 3,991 acre- feet, adjusted based on the actual as-built capacity of Mann Lakes. The third fill will be accomplished at the following rates of diversion to storage: Brantner Ditch: 110 c.f.s. Mann Lakes South Platte River Diversion: 30 c.f.s. Source: South Platte River. Points of Diversion. See paragraph 4.7 above. Date of appropriation. March 29, 2019. How appropriation was initiated: By the formation of an intent to appropriate and together with physical acts manifesting that intent including entering into the WSA and the filing of the application in this case. Claimed Uses: The right to supply water for oil and gas exploration and production, including for hydraulic fracturing, under the WSA and 2017 Anadarko Agreement and any renewal or successor agreements, use, reuse and successive use to extinction within Todd Creek’s service area as depicted on Exhibit A, as the same may be modified or expanded in the future, for existing extraterritorial water municipal supply agreements including the April 23, 2003 (Agreement for Extraterritorial Water Service), for augmentation, substitution, exchange, and replacement purposes, including for use in Todd Creek’s augmentation plan in Case No. 13CW3181, and for all municipal purposes, including but not limited to domestic, commercial, industrial, irrigation, recreation, piscatorial, and fire protection purposes. All of the aforementioned uses will be made either (a) after storage in Mann Lakes, (b) after release from Mann Lakes to the South Platte River and through re-diversion at TCVS-1 and TCVS-2 described above and stored in the reservoirs described above and decreed in Case No. 13CW3181 and depicted on the map attached as Exhibit C, or (c) after release from Mann Lakes to the South Platte River and through re-diversion at the points of diversion described below in paragraph 7. Todd Creek will take return flow credit for water applied to beneficial use by tracking and accounting for wastewater treated and released from the wastewater treatment plant—either the Hite Plant or Northern Treatment Plant—at which Todd Creek’s wastewater is treated, and for return flows from lawn irrigation and septic systems. Prior to taking credit for such return flows, Todd Creek will file a new application to quantify the return flows. Additionally, although the water right is decreed for reuse and successive use to extinction, no reuse or successive use of the water right may occur until a subsequent decree authorizes reuse and successive use, quantifies the rate, timing, and location of water available for such reuse and successive use, and approves the points of diversion or re-diversion for the water available for such reuse and successive use. Claim for Conditional Water Rights: WSP Points of Diversion. Name of Structures: WSP-1 through - 14. Legal Description of Each Point of Diversion: See also map attached as Exhibit E. WSP-1: A point in the SW1/4 of the SW1/4 of Section 19, T.1N., R.66W., of the 6th P.M., 85 feet from the South Section Line and 1,118 feet from the West Section Line of said Section 19. WSP-2: A point in the SE1/4 of the
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SW1/4 of Section 30, T.1N., R.66W., of the 6th P.M., 592 feet from the South Section Line and 1,875 feet from the West Section Line of said Section 30. WSP-3: A point in the NE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 723 feet from the North Section Line and 1,886 feet from the West Section Line of said Section 31. WSP-4: A point in the SE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 1,979 feet from the North Section Line and 2,021 feet from the West Section Line of said Section 31. WSP-5: A point in the NE1/4 of the SE1/4 of Section 1, T.1S., R.67W., of the 6th P.M., 1,754 feet from the South Section Line and 560 feet from the East Section Line of said Section 1. WSP-6: A point in the SW1/4 of the NW1/4 of Section 12, T.1S., R.67W., of the 6th P.M., 2,535 feet from the North Section Line and 1,005 feet from the West Section Line of said Section 12. WSP-7: A point in the NW1/4 of the SW1/4 of Section 12, T.1S., R.67W., of the 6th P.M., 1,420 feet from the South Section Line and 135 feet from the West Section Line of said Section 12. WSP-8: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,760 feet from the South Section Line and 1,634 feet from the West Section Line of said Section 23. WSP-9: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,544 feet from the South Section Line and 1,557 feet from the West Section Line of said Section 23. WSP-10: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,457 feet from the South Section Line and 1,780 feet from the West Section Line of said Section 23. WSP-11: A point in the SW1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 50 feet from the South Section Line and 1,310 feet from the West Section Line of said Section 23. WSP-12: A point in the SE1/4 of the SW1/4 of Section 34, T.1S., R.67W., of the 6th P.M., 791 feet from the South Section Line and 2,409 feet from the West Section Line of said Section 34. WSP-13: A point in the SE1/4 of the SW1/4 of Section 34, T.1S., R.67W., of the 6th P.M., 764 feet from the South Section Line and 2,304 feet from the West Section Line of said Section 34. WSP-14: A point in the SW1/4 of the SE1/4 of Section 34, T.1S., R.67W., of the 6th P.M., 38 feet from the South Section Line and 2,624 feet from the East Section Line of said Section 34. Source: South Platte River. Date of Appropriation: March 29, 2019. How appropriation was initiated: By the concurrence of an intent to appropriate and physical acts manifesting that intent including entering into the WSA, identifying diversion points, inspecting the points of diversion, and the filing of this Application. Date water applied to beneficial use: N/A, appropriation is conditional. Amount claimed: 25 c.f.s., conditional, at each point of diversion. Claimed Uses: The right to supply water for oil and gas operations, including for hydraulic fracturing, in Adams, Boulder, and Weld counties under the WSA and 2017 Anadarko Agreement and any renewal or successor agreements, as well as for all municipal purposes, including but not limited to domestic, commercial, industrial, irrigation, recreation, piscatorial, and fire protection within Todd Creek’s service area, as it may be expanded or modified in the future. Water will be diverted and immediately applied to beneficial use and/or piped to locations of use. Water used for oil and gas exploration and development is fully consumed. For all other uses, Todd Creek will take return flow credit for water applied to beneficial use by tracking and accounting for wastewater treated and released from the wastewater treatment plant—either the Hite Plant or Northern Treatment Plant—at which Todd Creek’s wastewater is treated, and for return flows from lawn irrigation and septic systems. Prior to taking credit for such return flows, Todd Creek will file a new application to quantify the return flows. Additionally, although the water right is decreed for reuse and successive use to extinction, no reuse or successive use of the water right may occur until a subsequent decree authorizes reuse and successive use, quantifies the rate, timing, and location of water available for such reuse and successive use, and approves the points of diversion or re-diversion for the water available for such reuse and successive use. Claim for Conditional Storage Right: Signal 1 Reservoir First Enlargement. Name of Structure: Signal 1 Reservoir Location: The center of the dam is located in the NE1/4 NW1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 565 feet from the North Section line and 1,474 feet from the West Section line of said Section 4. See map attached as Exhibit C. Surface Area: 540 acres. Dam Height: 16.5 feet. Amount Claimed: 1,210 acre-feet, conditional, which, together with the 490 acre-feet decreed in Case No. 13CW3181, equals a total volume of 1,700 acre-feet, with a right to successively refill. Source: Surface flows in and ground water tributary to the South Platte River, through the structures described above in paragraphs 3.1 and 7.2. Date of Appropriation: March 29, 2019. How appropriation was initiated: By the formation of an intent to appropriate together with the creation of engineering drawings of the reservoir
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enlargement, obtaining a permit from the Division of Reclamation, Mining and Safety, and the filing of this Application. Date water applied to beneficial use: N/A. Claimed Uses. Use, reuse and successive use to extinction within Applicant’s service area as depicted on Exhibit A, as the same may be modified or expanded in the future, and for existing extraterritorial municipal water supply agreements including the April 23, 2003 (Agreement for Extraterritorial Water Service), and the right to supply water for oil and gas operations, including for hydraulic fracturing, in Adams, Boulder, and Weld counties under the WSA and 2017 Anadarko Agreement and any renewal or successor agreements. Water used for oil and gas exploration and development is fully consumed. Water used within Todd Creek’s service area, as it may be expanded or modified in the future, will be for all municipal purposes, including but not limited to domestic, commercial, industrial, irrigation, recreation, piscatorial, and fire protection purposes. Todd Creek will take return flow credit for water applied to beneficial use by tracking and accounting for wastewater treated and released from the wastewater treatment plant—either the Hite Plant or Northern Treatment Plant—at which Todd Creek’s wastewater is treated, and for return flows from lawn irrigation and septic systems. Prior to taking credit for such return flows, Todd Creek will file a new application to quantify the return flows. Additionally, although the water right is decreed for reuse and successive use to extinction, no reuse or successive use of the water right may occur until a subsequent decree authorizes reuse and successive use, quantifies the rate, timing, and location of water available for such reuse and successive use, and approves the points of diversion or re-diversion for the water available for such reuse and successive use. Claim for Conditional Storage Right: Signal 2 Reservoir Second Enlargement. Name of Structure: Signal 2 Reservoir Location: The center of the dam is located in the SW1/4 NE1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,493 feet from the North Section line and 2,190 feet from the East Section line of said Section 4. See map attached as Exhibit C. Surface Area: 340 acres. Dam Height: 13 feet. Amount Claimed: 885 acre-feet, conditional, which, together with the 165 acre-feet decreed to the original and first enlargement in Case No. 13CW3181, equals a total volume of 1,050 acre-feet, with a right to successively refill. Source: Surface flows in and ground water tributary to the South Platte River, through the structures described above in paragraphs 3.1 and 7.2. Date of Appropriation: March 29, 2019. How appropriation was initiated: By the formation of an intent to appropriate together with the creation of engineering drawings of the reservoir enlargement and the filing of this Application. Date water applied to beneficial use: N/A. Claimed Uses. See paragraph 8.10. Change of Conditional Storage Rights-Baseline Lakes and Marcus Reservoir: Case No. 13CW3181. Water Rights to be Changed: Applicants seek a change of the following conditional water rights decreed in Case No. 13CW3181, to relocate and incorporate these water rights into the enlargements of the Signal 1 and Signal 2 Reservoirs, and to use them for their existing decreed purposes and for oil and gas operations under the WSA and 2017 Anadarko Agreement. Names of Structures: Baseline East and West Reservoirs (aka Guthrie Reservoirs 1 and 2); and Marcus Reservoir Locations Baseline East’s center of the dam is located in the SW1/4 NW1/4 Section 2, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,485 feet from the North Section line and 869 feet from the West Section line of said Section 2. See map attached as Exhibit C. Baseline West’s center of the dam is located in the NE1/4 NE1/4 Section 3, T.1S., R.67W., 6th P.M., Adams County, Colorado, 978 feet from the North Section line and 162 feet from the East Section line of said Section 3. See map attached as Exhibit C. Marcus Reservoir’s center of the dam is located in the SW1/4 NE1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 2,294 feet from the North Section line and 1,731 feet from the East Section line of said Section 4. See map attached as Exhibit C. Appropriation Dates: Baseline Lakes: December 31, 2013 Marcus Reservoir: December 31, 2013 Decreed Amounts: Baseline Lakes: 200 acre-feet (original and first enlargement), with right to successively refill, subject to volumetric limits in paragraph 17 of 13CW3181 decree. Marcus Reservoir: 18 acre-feet, with right to successively refill, subject to volumetric limits in paragraph 17 of 13CW3181 decree. Source: See paragraph 3.9.5 above. Beneficial Uses: See paragraph 3.10 above. Proposed Change: Applicants propose to change the place of storage and place and type of use of the foregoing conditional water rights for the purpose of relocating the place of storage to the Signal 2 Reservoir and of adding to their decreed beneficial uses the right to supply water for oil and gas operations including hydraulic fracturing under the WSA and the 2017 Anadarko Agreement, and any renewal or successor agreements. Water used for oil
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and gas exploration and development is fully consumed. For all other uses, Todd Creek will take return flow credit for water applied to beneficial use by tracking and accounting for wastewater treated and released from the wastewater treatment plant—either the Hite Plant or Northern Treatment Plant—at which Todd Creek’s wastewater is treated, and for return flows from lawn irrigation and septic systems. Prior to taking credit for such return flows, Todd Creek will file a new application to quantify the return flows. Additionally, although the water right is decreed for reuse and successive use to extinction, no reuse or successive use of the water right may occur until a subsequent decree authorizes reuse and successive use, quantifies the rate, timing, and location of water available for such reuse and successive use, and approves the points of diversion or re-diversion for the water available for such reuse and successive use. Name and Address of Owners or Reputed Owners of the Land Upon Which Any New or Existing Diversion or Storage Structure, or Modification Thereof, Is or Will Be Located: 1.1 Aggregate Industries-WCR, Inc. 1687 Cole Blvd, Ste 300,Golden, CO 80401-3318, 1.2 City of Brighton, 500 S 4th Ave, Brighton, CO 80601-3165, 1.3 City of Aurora, 15151 E Alameda Parkway, 5th Floor, Aurora, CO 80012, 1.4 Adams County, Attn: Kurt Carlson, 9755 Henderson Road, Brighton, CO 80601, 1.5 South Adams County Water and Sanitation District Attn: Kip Scott, 6595 East 70th Avenue, P.O. Box 597, Commerce City, Colorado 80037, 1.6 New Brantner Extension Ditch Company, c/o Brice Steele, Esq., 25 South 4th Avenue, Brighton, CO 80601, 1.7 The Brantner Ditch Company, c/o Marc Pedrucci, Secretary, 9755 Henderson Road, Brighton, CO 80601. (Application and Exhibits 26 pages).
AMENDMENTS
18CW3237 DIXIE WATER, LLC, c/o Rod Guerrieri, 1221 Auraria Parkway, Suite 211, Denver, CO 80204. Copies of all pleadings to: David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202. 303.825.1980. [email protected]. FIRST AMENDED AND RESTATED APPLICATION FOR CONDITIONAL SURFACE AND STORAGE WATER RIGHTS, AND CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE IN MORGAN AND WELD COUNTIES. This First Amended and Restated Application for Conditional Surface and Storage Water Rights, and Conditional Appropriative Right of Exchange is filed to correct an error in certain legal descriptions contained in the original application filed for the conditional water rights described herein and to clarify the beneficial uses. CLAIM FOR CONDITIONAL SURFACE WATER RIGHT. Name of structure: Quint Diversion. Legal description of point of diversion: In the SE1/4 SW1/4 of Section 13, Township 5 North, Range 55 West, 6th P.M., Morgan County, located 2,550 feet from the west section line and 1,100 feet from the south section line, as depicted on Exhibits A and B, attached to the application and available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-filing. Source: South Platte River. Date of appropriation: December 31, 2018, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, the filing of the Application. Amount claimed: 3,000 gallons per minute, equivalent to approximately 6.7 cubic feet per second, conditional, and a maximum annual volume of 2,500 acre-feet. Use: Irrigation, which use may include, but is not limited to, the restoration, enhancement and establishment of non-tidal wetlands; livestock; storage; industrial-mining; industrial-oil and gas; domestic; municipal; commercial; and exchange replacement. Remarks: Applicant’s diversions will be made for uses by direct flow and/or by storage, using a skid-mounted, above-ground pump(s). CLAIM FOR CONDITIONAL STORAGE WATER RIGHT Name of structure: Quint Reservoir. Legal description of location: The Quint Reservoir will be an off-channel, slurry wall-lined, underground water storage facility located within parts of Sections 13 and 24, Township 5 North, Range 55 West, 6th P.M., Morgan County, as depicted on Exhibit A. The center of the reservoir will be in the NW1/4 NE1/4 Section 24, Township 5 North, Range 55 West, 6th PM, Morgan County. Source: South Platte River. Structure used to fill reservoir: The Quint Reservoir will be filled by storage diversions from the Quint Diversion structure, the location of which is described in Paragraph 3, above, at a rate of up to 3,000 gallons per minute, equivalent to approximately 6.7 cubic feet per second. Amount claimed: 2,000 acre-feet, with the right to refill, conditional. Structure details: A. Surface area of high water line: N/A. The reservoir will be an underground reservoir. B. Maximum height
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of dam in feet: N/A. C. Length of dam in feet: N/A. D. Total capacity of reservoir in acre-feet: 2,000 acre-feet, with 0 acre-feet dead storage. Date of appropriation: December 31, 2018, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, the filing of the Application. Use: Irrigation, which use may include, but is not limited to, the restoration, enhancement and establishment of non-tidal wetlands; livestock; storage; industrial-mining; industrial-oil and gas; domestic; municipal; commercial; and exchange replacement. CLAIM FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name: Quint Exchange. Legal description of exchange: The following points are depicted on Exhibit B: A. Downstream terminus: A point on the South Platte River, upstream of the Prewitt Canal diversion structure, in the SE1/4 SW1/4 of Section 24, Township 5 North, Range 55 West, 6th P.M, Morgan County, located 1,470 feet from the west section line and 280 from the south section line. B. Upstream terminus: At a point on the St. Vrain River, in the NW1/4 NW1/4 of Section 21, Township 3 North, Range 67 West, 6th P.M., Weld County, located 360 feet from the west section line and 280 from the north section line. Sources: The source of water to be diverted at the upstream terminus is the St. Vrain River. The source of water for replacement is water released from storage in Quint Reservoir, described in Paragraphs 9-16 above. Date of appropriation: December 31, 2018, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, the filing of the Application. Amount: 1,500 gallons per minute, equivalent to approximately 3.34 cubic feet per second, conditional, and a maximum annual volume of 500 acre-feet. Use: Irrigation, livestock, storage, industrial-mining, industrial-oil and gas, domestic, municipal, and commercial. Remarks: Pursuant to C.R.S. §§ 37-80-120, 37-83-104 & 37- 92-302(1)(a), C.R.S., Applicant has appropriated the above described conditional appropriative right of exchange, whereby water will be released from storage in Quint Reservoir to the South Platte River and an equivalent volume and rate of flow of water will be diverted, using a skid-mounted, above-ground pump(s), for direct flow or storage at the upstream point of exchange. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant and/or The LaCroix, LLC, an affiliate of Applicant, c/o Rod Guerrieri, 1221 Auraria Parkway, Suite 211, Denver, CO 80204. WHEREFORE, Applicant respectfully requests that the Court enter a judgment and a decree granting the Application, adjudicating the conditional surface water right, conditional storage water right, and conditional appropriative right of exchange described herein, and granting Applicant such other relief as the Court deems just and proper.
WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of MAY 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.
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