TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of December, 2001.
2001CW248 CLARENCE AND GLADYS KUNZ, P.O. Box 1867, Silverthorn, CO 80498. Application for Change of Water Right, IN JEFFERSON COUNTY. Kunz Well No. 2 decreed 4/15/1974 in Case No. W-4792, Water Division 1. Decreed point of diversion: NW1/4NE1/4, S23, T6S, R71W, 6th P.M., at a point 428’ E and 124’ S of the N1/4 corner of said section 23. Source: Groundwater Appropriation: 5/1/1954 Amount: 0.02 cfs (9 gpm) Historic use: Decreed use is for domestic, fire protection, recreation, stockwatering and irrigation. Actual historic use has been for domestic at a maximum pumping rate of 7 gpm with an annual limit of one acre-foot under well permit No. 113216 and 113216A. Well permit and map attached to this application. Proposed change: Change of use: Abandon the recreation use of the well, permit No. 113216 and 113216A, originally decreed as Kunz Well No. 2 in case No. W-4792. Said permit allows a maximum of one acre foot. (2 pages)
2001CW249 JACOB KAMMERZELL, 25090 WCR 15, Johnstown, CO 80534. Application for Water Rights (Surface), IN WELD COUNTY. Adams Delta Seepage Ditch originates at the property located in S1/2SE1/4, S30, T5N, R67W, 6th P.M. It originates from a point of 1260+ or – from S30 East boundary line and on the S side of WCR 151/4. It is diverted for a distance of 70’ + or – on an Easterly path. It then crosses the road in a Northerly path to a point of diversion. At this junction, normal flow is then diverted to the Big Thompson River. For irrigation usage the flow is diverted to another junction box. The flow path is then directed across and around a hill side in a Northeasterly direction for a distance of 580’ + or – to still another junction box. The flow then is directed South across the road WCR 52 1/4 for a distance of 60’ + or -. At this point it is directed back across road WCR 52 ¼ in a Northerly direction to still another box, a distance of 50’ + or -. The flow is then diverted with the aid of gated pipe to irrigate land in S29 and land in S30. Source: Groundwater (slew) Appropriation: 1908 abstract Amount claimed: 40,000 gph Crop irrigation of S29 in the S1/2SW1/4, S29, T5N, R67W, 6th P.M. Use: Irrigation. 80 acres historically irrigated and 80 acres proposed to be irrigated in the S1/2SW1/4, S29, T5N, R67W, 6th P.M. Name and address of owner of land on which point of diversion and place of use is located: Emanuel Betz, 6835 WCR 52 ¼, Johnstown, CO 80534. (2 pages)
2001CW250 ROBERT L. AND JANET A. TODD, 12922 Lori Drive, Conifer, CO 80433. Application for Underground Water Rights, IN JEFFERSON COUNTY. Well No. 42830 is located in the SE1/4SW1/4, S36, T6S, R71W, 6th P.M, a/k/a Lot 6, Tremendous View Acres. Source: Groundwater Depth: 570’ Appropriation: 8/23/1970 Amount claimed: 35-40 gph Use: Domestic (2 pages)
2001CW251 RICHARD P. AND KOLENE K. DAKE, 47695 Foxwood Drive Elizabeth, CO 80107. Application for Underground Water Right, IN ELBERT COUNTY. Dake Well No. 220627 is located in the NW1/4NE1/4, S1, T6S, R64W, 6th P.M., 1030’ from N section line and 2000’ from E section line, a/k/a Lot 16, Foxwood Ranches. Source: Groundwater Depth: 945’ Appropriation: 9/5/01 Amount claimed: 10 gpm Use domestic and irrigation of small lawn. (2 pages)
2001CW252 WILLIAM L. RAMSEY JR. & MAXINE S. RAMSEY, 6605 Chalet Circle, Parker, CO 80134-6201. Application for UndeRrground Water Rights from Nontributary Sources, IN DOUGLAS COUNTY. Existing Ramsey well permit #63881. Other well permits will be applied for prior to drilling the wells. No specific wells are sought to withdraw ground water from nontributary Lower Dawson, Denver, Arapahoe or Laramie Fox Hills aquifers underlying the land described in paragraph 9 and below at this time. Existing Ramsey Well #63881 is located on the applicants land in the SW1/4NW1/4, S7, T7S, R65W, 6th P.M., at a point approximately December Resume - 1 - 2450’ from N line and 1150’ from W line of S7. All other wells will be located on applicants land, on Lot 33, Hidden Village, Filing #2. Appropriation: Water appropriated for Ramsey Well #63881 on July 10, 1972. Source of Water Rights: A. Existing Ramsey Well #63881 withdraws not nontributary groundwater from the Upper Dawson aquifer. B. The nontributary groundwater will be withdrawn, from the Lower Dawson,Ddenver, Arapahoe and laramie Fox Hills aquifers. Estimated Amounts, Rates of Withdrawal and Well Depths: A. Existing Ramsey Well #63881, 250’ deep, approved 1 ½ acre ft per year. We request, 15 gpm absolute from Upper Dawson aquifer. Pump test accomplished 8/29/01 as follows: Pumping the well was achieved by taking 3 different draws of 20 gallosn and timed each recovery, for an average recovbery time of 80 seconds. B. Average pu.ping rates and well Depths, future wells:
Rate Aquifer Depths Lower Dawson Aquifer 35 gpm 710 to 920 feet Denver aquifer 35 gpm 960 to 1690 feet Araapahoe Aquifer 35 gpm 1750 to 2260 feet Laramie-Fox Hills Aquifer 35 gpm 2580 to 2890 feet
Actual pumping rates may vary according to system design and water supply demands.
C. Estimated Average annual amounts available
The estimated average annual amount of withdrawal available from the subject aquifers will depend upon the hydrology and the legal entitlement of applicant to all groundwater in those aquifers underlying the described property.
7. Well fields
Applicant requests that this Court determine that Applicant ahs the right to withdraw all of the legally available nontriibutary ground water in the subject aquifers lying below the land described in paragraph 9 below, through the wells described in paragraph 2 above and any additional wells which may in the future become part of the Applicant’s well fields. Applicant requests that these wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well.
8. Proposed Use: A. Existing Ramsey Well, permit #63881 with domestic rating is used for 1 single family dwelling, stock, lawn and garden irrigation of approximately 4400 sq. ft. B. All water withdrawn from proposed nontributary wells, will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: municipal, domestic, industrial, commercial, augmentation, stock watering, recreational, fish and wildlife. Water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. 10. Description of the Land Overlying subject Ground Water. Approximately 4.8 acres of land located in the SW1/4NW1/4, S7, T7S, R65W, 6th P.M., , a/k/a Lot 33, Hidden Village, Filing #2. (map attached). (3 pages)
December Resume - 2 - 2001CW253 THOMAS B. HOLTON and ALICE R. HOLTON 12032 Hwy 52, Ft. Lupton., CO 80621. Application for Water Storage Right and Application for Change of Water Right IN WELD COUNTY. Holton Gravel Pit Reservoirs. SW ¼ OF S6, T1N, R66W AND N1/2 OF THE NW1/4 AND SW1/4 OF THE NW1/4 OF S7, T1N, R66W OF THE 6TH P.M. SURFACE WATER RIGHTS - Brighton Ditch Irrigation Company – 1/8 of a share owned, delivers 5cfs. Brighton Ditch diversion out of South Platte River at a point 1,100 ft from the east section line and 800 ft from the south section line of the SE ¼ of Section 11, T1N, R67W of the 6th P.M.. Enters property at the corner of the NW ¼ and the SW ¼ of section 7, T1N, R66W of the 6th P.M. Holton Seep Ditch – Decreed January 1, 1920 for 5cfs, Case #W-18. Located beginning at NE corner of the SW ¼ of section 6 of T1N, R66W, then south 5 degrees west 600 feet to the true point of beginning of headgate. Holton Pump Station West – South corner of the SE ¼ and SW ¼ of the NW ¼ of section 7, T1N, R66W of the 6th P.M. 100cfs. Holton Pump Station East – North corner of the South corner of the SE ¼ and SW ¼ of the NW ¼ of section 7, T1N, R66W of the 6th P.M. Ground Water – Ground water supplied by 7 wells with a combined decree of 5020 gallons/min. Well #1 13697 located at a point 20 feet north and 10 feet east of the W1/4 corner of section 7, T1N, R66W of the 6th P.M. Well #2 13698 located at a point 100 feet east and 20 feet south of the NW corner of section 7, T1N, R66W of the 6th P.M. Well #3 13699 located at a point 660 feet east and 700 feet north of the SW1/4 corner of section 6, T1N, R66W of the 6th P.M. Well #4 13700 located at a point 700 feet east and 20 feet south of the W1/4 corner of section 6, T1N, R66W of the 6th P.M. Well #5 2216-F located at a point 50 feet east and 10 feet north of the W1/4 corner of section 7, T1N, R66W of the 6th P.M. Well #6 1-20098 located at a point 620 feet west of the corner of the SE1/4 of section 6 and the NW1/4 of section 7, T1N, R66W of the 6th P.M. Well #7 8-5923-F located as a point 620 feet west of the east corner of the NE1/4 of section 7 and the SE1/4 of the NW ¼ of section 7, T1N, R66W of the 6th P.M. Source: South Platte River, Holton Seep Ditch, and ground water. Appropriation: 12,000 acre feet conditional. Use: commercial storage, recreation, and augmentation. Surface area of high water line: 300 acres, sealed gravel pit. Change of water rights: Brighton Ditch Irrigation Company, Holton Seep Ditch, and irrigation wells 1-13697, 2-13698, 3-2216-F, 4-13699, 5-13700, 1-20098, 8-5923-F. Previous Decrees: Brighton Ditch 12/1/1863 22.22cfs, 11/11/1871 22.58cfs, Holton Seep Ditch Case #W-18 5cfs 1920, Well No. 1 1-13697 Case # W959 12/31/1920, Well No. 2 2-13698 Case # W-959 12/31/1925, Well No. 3 3-13699 Case # W-959 12/31/1925, Well No. 4 4-13700 Case # W-959 12/31/1920, Well No. 5 5-2216-F Case # W-959 12/31/1959, Well NO. 6 1-20098 Case # W-1325 12/10/1973, augmentation, Well No. 7 8-5923-F Case # W-1325 12/10/1973, augmentation. Point of Diversion: Brighton Ditch out of South Platte River at a point 1,100 feet from east section line and 800 feet from south section line in the SE1/4 of the SE ¼ of section 11, T1N, R67W of the 6th P.M.. Holton Seep Ditch beginning at the NE corner of the SW1/4 of section 6, T1N, R66W of the 6th P.M., thence south 5 degrees west, 600 feet to the true point of beginning which is the headgate location. Source: South Platte River, seep ditch, run off from section 7 and ground water. Historical Use: Irrigation of 295 acres as follows SW ¼ section 6, T1N, R66W of the 6th P.M. and N1/2 of the NW1/4 and the S1/4 of the NW1/4 section 7, T1N, R66W of the 6th P.M. Row crop, hay pasture. Proposed change: From crop irrigation to commercial storage, augmentation, and recreation of 12,000 acre feet. Name and Address of Owner: Thomas M. and Alice R. Holton, 12032 Hwy 52, Ft. Lupton, CO 80621
2001CW254 Hugh E. Ingels, Coeta Suzanne and James R. Thrasher, 11503 East Smith Road, Elbert, Colorado 80106. Application for Nontributary and Not-Nontributary Groundwater Rights in the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills Aquifers, IN DOUGLAS COUNTY. (Robert E. Schween, (Robert E. Schwee, P.C., P.O. Box 262104, (303)471-5150) 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicants are prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. Applicants request the right to construct such wells anywhere on their overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from each aquifer underlying the land described in paragraph 10 below will be located on Applicants’ property, consisting of 320 acres, more or less, in the S
December Resume - 3 - ½, Section 16, Township 10 South, Range 65 West of the 6th P.M., in Douglas County, Colorado. See Exhibit A, General Location Map, and Exhibit B, Property Legal Description, attached hereto. B. The estimated depths to the base of the aquifers at the location of Applicant’s property are as shown below. Actual well completion depths may vary from the depths estimated below. Aquifer Depth to Base Upper Dawson 640 Lower Dawson 850 Denver 1800 Arapahoe 2390 Laramie-Fox Hills 3030
4. Source of Water Rights: A. Not-Nontributary Ground Water: The ground water contained in the Upper Dawson aquifer at this location is not-nontributary ground water as defined at § 37-90-103(10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicants may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. B. Nontributary Ground Water: The ground water contained in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers at this location is nontributary ground water as defined at § 37- 90-103(10.5), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicants may consume all such ground water, except 2% of all such withdrawals must be relinquished to the stream system. Such relinquishment may be made by system leakage, direct discharge, or any method acceptable to the State Engineer. 5. Background: Applicants file this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning not-nontributary and nontributary ground water. Applicants are the owner of the overlying land as described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicants seek a decree for all ground water determined to be available from the named aquifers underlying the 320 acres of land, more or less, described herein, based upon a statutory aquifer life of 100 years. B. Applicants assert that withdrawal in the average annual amounts determined to be available from the named aquifers can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A Court-approved plan for augmentation must be obtained before any such not- nontributary ground water adjudicated herein may be produced. 8. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: (1) The estimated average annual amounts of withdrawal available from the named aquifers, as indicated below, are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount Upper Dawson 320 300 Feet 20 % 191 AF Lower Dawson 320 170 Feet 20 % 108 AF Denver 320 260 Feet 17 % 142 AF Arapahoe 320 310 Feet 17 % 170 AF Laramie-Fox Hills 320 190 Feet 15 % 90 AF (2) The final average annual amounts available from each aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicants to all ground water in the subject aquifer underlying Applicants’ described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the four named aquifers is expected to vary from 15 to about 250 gpm. The actual pumping rate for each well may vary according to aquifer production capability at a particular location or well system design. Applicants request
December Resume - 4 - that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from each named aquifer. 9. Well Fields: Subject to the requirement to obtain an adequate Court-approved augmentation plan for withdrawals of not-nontributary ground water, Applicants have the right to withdraw all of the legally available ground water in the Upper Dawson, Lower Dawson, Denver, Arapahoe, and Laramie- Fox Hills aquifers underlying the land described in Paragraph 11 below, through any well(s) initially permitted in each aquifer and any additional well(s) which may become part of the Applicants’ well field. Applicants request that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: A. Applicants request the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: Applicants’ property overlying the ground water claimed herein consists of 320 acres of land, more or less, located in Douglas County, and generally described as follows: The S ½ of Section 16, Township 10 South, Range 65 West of the 6th P.M., in Douglas County. See General Location Map, Exhibit A, and Property Legal Description, Exhibit B. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 13. Name of Owner of the Land on Which Structures are Located: The owners of the overlying land area described herein are the Applicants herein, Hugh E. Ingels and Coeta Suzanne and James R. Thrasher. 14. Additional Remarks: A. Applicants request the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifers named herein to which Applicants are entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for such not-nontributary ground water herein at a later date under a separate caption and case number. (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicants will, within ten (10) days after filing this application, supplement this application with evidence that Applicants have given notice of the filing of this application by certified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicants Hugh E. Ingels, Coeta Suzanne Thrasher, and James R. Thrasher request a ruling and decree: 1. Granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicants request under this decree, subject to the limitations described in such ruling and decree; and (2) Finding and determining that – (a) Applicants have complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifers through wells to be located on the Applicants’ property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor;
December Resume - 5 - (b) Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants’ property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicants or their successors may construct wells into the Upper Dawson, Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; except that a judicially approved augmentation plan must be obtained before withdrawals may be made of not-nontributary ground water;
(d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; and (e) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (f) The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and described in Exhibit B hereto.
01CW255 Hall-Irwin Construction Company, 3026 4th Avenue, Greeley, Colorado, 80631 (970)356- 9160 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, CO, 80631) Application for Change of Water Rights and Plan of Augmentation in Boulder and Weld Counties. 2. Decreed Name of Structures: Cole Seepage Ditch, Godding, Dailey & Plumb Ditch, Mayfield Ditch, McCormick Seepage Ditch, Rural Ditch, Panama Reservoir a/k/a Six Mile m 2 Reservoir. 3. Previous Decrees: A. The Cole Seepage Ditch was decreed in Case m 4790 on March 13, 1907 with an appropriation date of December 12, 1894 for 12.0 c.f.s. (440 a.f.) from Godding Hollow, a tributary of St. Vrain Creek. The decreed use is for agricultural purposes. The headgate location is on the east bank of Godding Hollow at a point about 1155 feet North and 1073 feet East of the Southwest corner of Section 1, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. B. The Mayfield Seepage Ditch was decreed in Case m 4790 on March 13, 1907 with an appropriation date of May 15, 1876 for 5.0 c.f.s. (310 a.f.) from Godding Hollow, a tributary of St. Vrain Creek. The decreed use is for agricultural purposes. The headgate location is on Godding Hollow at a point 907.5 feet South and 1320 feet West of the Northeast Corner of Section 11, Township 2 North, Range 68 West of the 6th P.M.,Weld County, Colorado. C. The McCormick Seepage Ditch was decreed in Case m 4790 on March 13, 1907 with an appropriation date of May 1, 1878 for 17.0 c.f.s. (137½ a.f.) from Mayfield Hollow, a tributary of St. Vrain Creek. The decreed use is for agricultural purposes. The headgate location is on Mayfield Hollow at a point 2220 feet West of the Southeast Corner of Section 12, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. D. The Godding, Dailey & Plumb Ditch was decreed in Case m 1275 on June 2, 1882 with an appropriation date of March 1, 1861 for 7.24 c.f.s. and an appropriation date of April 1, 1865 for 23.198 c.f.s. from Boulder Creek. The decreed use is for irrigation. The decreed use is for irrigation. The headgate location is in the NW¼ SW¼ Section 31, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. E. The Rural Ditch was decreed in Case m 1336 on June 2, 1882 with an appropriation date of May 5, 1862 for 22.75 c.f.s. and an appropriation date of March 10, 1863 for 175.54 c.f.s. from Boulder Creek. 115.29 c.f.s. was abandoned by decree in Case m 84-CW-412. The decreed use is for irrigation. The headgate location is in the SE¼ of Section 16, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. F. The Panama Reservoir a/k/a Six Mile m 2 Reservoir was decreed Case m 6672 on June 21, 1926 with an appropriation date of May 31, 1904 for 7000 acre feet and Case m 12111 on September 28, 1953 with an appropriation date of December 31, 1929 for 4989 acre feet for irrigation use. The reservoir is located in the Section 35, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. 4. Historic Use: Applicant owns 50% of the Cole Seepage Ditch, 23 shares of the Godding, Dailey & Plumb Ditch, 100% of the Mayfield Ditch, 80% of the McCormick Seepage Ditch, 3.5 shares of the Rural Ditch and 10 shares of the Boulder & Weld Reservoir December Resume - 6 - Company which owns water in Panama Reservoir a/k/a Six Mile m 2 Reservoir, hereinafter the “water rights.” The water rights were historically used to irrigate 242.5 acres located in Section 1 and the E½ E½ of Section 2, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, as shown on Figures 1 & 2 attached hereto. The Mayfield, Rural and Panama provided the irrigation supply for the 125 acres shown on Figure 1. The Cole, Godding and McCormick provided the irrigation supply for the 117.5 acres shown on Figure 2. The historic consumptive use was estimated using the modified Blaney-Criddle method (which includes effective precipitation and soil moisture storage and carryover) over a study period of 1950 -1996. Based on 55% application irrigation efficiency the following consumptive use, in acre-feet, was found for the historic operation for each water right: Cole, 9.87; Godding, 130.17; Mayfield, 31.44; McCormick, 5.61; Panama, 17.31 and Rural, 159.87. Groundwater returns were lagged back the river using the SDF methodology and historic returns will be maintained for all calls senior to the date of the filing of this application. 5. Proposed Change: Applicant seeks to change the use of the water rights to include augmentation, replacement and exchange as well as the decreed irrigation use, and storage for such uses, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Storage will be in Shores Lake located in the SE¼ of the NE¼ and E½ of the SE¼ of Section 2, W½ of the SW¼ and S½ of the NW¼ and SW¼ of the NE¼ of Section 1 all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado and which is the subject of a pending application in Case m 00-CW-083. 6. Plan of Augmentation: During mining and until the Shores Lake is lined augmentation of evaporation losses from the surface of the lake as well as losses from removal of mined product, dust suppression and concrete batching will be required. These losses could vary between 50.08 acre feet to 184.77 acre feet depending on the operation and final lining configuration. The water rights will be used to replace any out of priority depletions. 7. Name and Address of Owners of Structures: Applicant owns 50% of the Cole Seepage Ditch and 80% of the McCormick Seepage Ditch but is not sure at this time who owns the remainder of those structures. The Rural Ditch is owned by the Rural Ditch Company, c/o Frank Sewald, 11979 WCR 13, Longmont, Colorado, 80504. The Godding Ditch is owned by the Godding Ditch Company, c/o Francis Gergorson, 5584 WCR 24, Longmont, Colorado 80504. The Dailey and Plumb Ditch is owned by the Dailey and Plumb Ditch Company, c/o Les Williams, 9595 Nelson Road, Suite 203, Longmont, Colorado 80504. The Panama Reservoir is owned by the Boulder and Weld Reservoir Company, c/o Craig Anderson, 8564 WCR 7, Longmont, Colorado 80504.
2001CW256 WILLIAM G. KAZEL, P.O. Box 1507, Idaho Springs, CO 80452. Application for Change of Water Right, IN CLEAR CREEK COUNTY. Little Mattie Pipe Line Water Right decreed 10/9/1914 in case No. 41340, Water Division No. 1. Decreed point of diversion: SW1/4NW1/4, S9, T4S, R73W, 6th P.M., located on the south banks of Chicago Creek on the Pacific M.S. USSS #6531B, Source: Chicago Creek Appropriation: 6/6/1989 Amount: 49.35 cfs historic use: The Little Mattie Pipe Line Water Right was historically used in connection with mining and milling operations. Principal use was in the Little Mattie Mill with water pumped up hill through a 3” pipe line for use in the mine, powerhouse, and for domestic purposes at the superintendent’s house and boarding house to service 12 miners. This consumed 8.63 cfs. Proposed change: Point of diversion would remain the same with water supplied through the old Idaho Springs water line to the Swan Mill Site. Water would be used for domestic purposes; livestock; mine reclamations; and road dust control. The amount required is 8.63 cfs. Name and address of owner of land on which structure is located: Diversion point is owned by the City of Idaho Springs, P.O. Box 907, Idaho Springs, CO 80452. Use area is owned by William G. Kazel and Kazel Mountain Mines Corp., P.O. Box 1507, Idaho Springs, CO 80452. (2 pages)
2001CW257 - MERIDIAN METROPOLITAN DISTRICT, MERIDIAN ASSOCIATES EAST AND MERIDIAN ASSOCIATES WEST, c/o GRIMSHAW & HARRING, P.C., Wayne B. Schroeder, 1700 Lincoln Street, Suite 3800, Denver, Colorado 80203. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION, FOR CHANGES IN WELL LOCATIONS AND POINTS OF DIVERSION, FOR APPROVAL OF ALTERNATE POINTS OF DIVERSION AND FOR APPROVAL OF WELL FIELD DESIGNATIONS AND ADDITIONAL WELLS, IN DOUGLAS COUNTY, COLORADO. 1. Name, address December Resume - 7 - and telephone number of applicants and counsel: Meridian Metropolitan District; Meridian Associates East and Meridian Associates West, by TCD North, Inc., Operating Partner, c/o Raymond A. Bullock, Denver Technological Center, 8350 East Crescent Parkway, Suite 100, Englewood, Colorado 80111. 2. Property involved: Meridian Metropolitan District includes approximately 1331 acres. The District has entered into agreements to provide service to other properties, tabulated below.
PROPERTY ACREAGE
Meridian 1331
Bradbury North 684.5
Cordillera 480
Meridian South (Sears Parcel) 200
Bradbury South 759.2
WU (Eastern Investment Group) 335
The properties are located within portions of Sections 1, 2, 3, 10, 11, 12, 13, and 14 Township 6 South, Range 67 West, 6th P.M. as well as portions of Sections 18 and 19, Township 6 South, Range 66 West, 6th P.M., Douglas County, Colorado. The properties are depicted on the attached drawing. 3. Lower Dawson: Applicants claim the following wells and water rights in the Lower Dawson aquifer.
MERIDIAN METROPOLITAN DISTRICT LOWER DAWSON North Property Decreed Information
Well Property Decreed Location Case No. Appropriation Status Pumping No. (af/yr) Rate (gpm)
SW¼NW¼ of Section 11, T6S, R67W, 6th P.M. 1484 ft FNL 83CW359 57.5 NT 100 LDA-1 Meridian 972 ft FWL 84CW620 12.5 NNT 150
SE¼SE¼ Section 10, T6S, R67W, 6th P.M. 962 ft FSL 83CW359 57.5 NT 100 LDA-2 Meridian 53 ft FEL 84CW620 12.5 NNT 150
SW¼NW¼ Section 12, T6S, R67W, 6th P.M. 1395 ft FNL 83CW359 57.5 NT 100 LDA-3 Meridian 1060 ft FWL 84CW620 12.5 NNT 150
SW¼SW¼ Section 12, 83CW359 57.5 NT 100 LDA-4 Meridian T6S, R67W, 6th P.M. 84CW620 12.5 NNT 150 December Resume - 8 - 1304 ft FSL 1106 ft FWL
SE¼SE¼ Section 3, T6S, R67W, 6th P.M. 119.4 HQ-DA- Bradbury 600 ft FSL 84CW239 (18.4 to 1 North 200 ft FEL 84CW242 Meridian) NNT 400
NE¼NE¼ Section 12, T6S, R67W, 6th P.M. 50 ft FNL DA #1 Cordillera 1300 ft FEL 85CW389A 86 NNT 150
NE¼SE¼ Section 12, T6S, R67W, 6th P.M. 1980 ft FSL DC-1 Cordillera 1975 ft FEL 82CW328 26 NT 300
NE¼SE¼ Section 12, T6S, R67W, 6th P.M. 1980 ft FSL DC-2 Cordillera 660 ft FEL 82CW328 26 NT 300
SW¼SE¼ Section 12, T6S, R67W, 6th P.M. 660 ft FSL DC-3 Cordillera 1975 ft FEL 82CW328 26 NT 300
SE¼SE¼ Section 12, T6S, R67W, 6th P.M. 660 ft FSL DC-4 Cordillera 660 ft FEL 82CW328 26 NT 300
256 NT TOTAL 154.4 NNT
December Resume - 9 - MERIDIAN METROPOLITAN DISTRICT LOWER DAWSON South Property Decreed Information
Well No. Property Decreed Location Case No. Appropriation Status Pumping (af/yr) Rate (gpm)
SW¼NW¼ Section 18, T6S, R66W, 6th P.M. BP-DA- Bradbury 2600 ft FNL 1 South 1300 ft FWL 84CW236 49.4 NNT 400
Center of Section 19, T6S, R66W, 6th P.M. HS-DA- Bradbury 2620 ft FNL 1 South 2620 ft FWL 84CW240 149 NNT 400
SE¼SE¼ Section 18, T6S, R66W, 6th P.M. 1300 ft FSL DAW-1 WU 1300 ft FEL 82CW470 80 NNT 200
NE¼NE¼ Section 18, T6S, R66W, 6th P.M. 1300 ft FNL DAW-2 WU 1300 ft FEL 82CW470 80 NNT 200
TOTAL 278.4 NNT
4. Applicants seek confirmation of their right to transfer the Lower Dawson rights described in paragraph 3 to supplemental, additional and alternate point of diversion wells in the Lower Dawson North Well Field and South Well Field described below. Applicants request that this Court determine that Applicants have the right to withdraw all of the decreed Lower Dawson groundwater through the wells requested herein in the Lower Dawson North Well Field and South Well Field and any additional wells that may be completed in the future. As additional wells are constructed, permit applications will be filed in accordance with Section 37-90-137(10), C.R.S. Applicants claim the right to withdraw more than the average annual amounts estimated in this paragraph pursuant to Rule 8. A. of the Statewide Rules, 2 C.C.R. 402-7, and they claim the right to permits for additional wells pursuant to Rule 12 of the Statewide Rules, 2 C.C.R. 402-7.
December Resume -10-
MERIDIAN METROPOLITAN DISTRICT LOWER DAWSON NORTH WELL FIELD
Maximum Withdrawal Pumping Rate Well No. Property Legal Description (af/yr) (gpm)
SW¼NW¼ of Section 11, th T6S, R67W, 6 P.M. 1484 ft FNL 256 NT LDA-1 Meridian 972 ft FWL 154.4 NNT 260
SE¼SE¼ Section 10, T6S, th R67W, 6 P.M. 962 ft FSL 256 NT LDA-2 Meridian 53 ft FEL 154.4 NNT 260
NW¼NW¼ Section 12, th T6S, R67W, 6 P.M. 698 ft FNL 256 NT LDA-3 Meridian 547 ft FWL 154.4 NNT 260
SW¼NE¼ Section 10, T6S, th R67W, 6 P.M. 2615 ft FNL 256 NT LDA-4 Meridian 295 ft FWL 154.4 NNT 260
NE¼NE¼ Section 12, T6S, R67W, 6th P.M. 50 ft FNL 256 NT LDA-5 Cordillera 1300 ft FEL 154.4 NNT 260
SW¼SE¼ Section 12, T6S, R67W, 6th P.M. 660 ft FSL 256 NT LDA-6 Cordillera 1975 ft FEL 154.4 NNT 260
256 NT Total - Not to Exceed 154.4 NNT
December Resume -11-
MERIDIAN METROPOLITAN DISTRICT LOWER DAWSON SOUTH WELL FIELD
Maximum Withdrawal Pumping Rate Well No. Property Legal Description (af/yr) (gpm)
SW¼NW¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 2600 ft FNL LDA-7 WU 1300 ft FWL 278.4 175
Center of Section 19, T6S, R66W, 6th P.M. Bradbury South 2620 ft FNL LDA-8 WU 2620 ft FWL 278.4 175
SE¼SE¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 1300 ft FSL LDA-9 WU 1300 ft FEL 278.4 175
NE¼NE¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 1300 ft FNL LDA-10 WU 1300 ft FEL 278.4 175
Total - Not to Exceed 278.4
5. NT Denver - Applicants claim the following nontributary wells and water rights in the Denver aquifer.
MERIDIAN METROPOLITAN DISTRICT NT DENVER North Property Decreed Information
Well Property Decreed Location Case No. Appropriation Status Pumping No. (af/yr) Rate (gpm)
SW¼SW¼ Section 1, T6S, R67W, 6th P.M. 1300 ft FSL DE-1 Meridian 1300 ft FWL 79CW238 64.5 NT 100
SW¼NW¼ Section 12, T6S, R67W, 6th P.M. DE-2 Meridian 1381 ft FNL 79CW238 64.5 NT 100 December Resume -12-
1085 ft FWL
SW¼SW¼ Section 12, T6S, R67W, 6th P.M. 1300 ft FSL DE-3 Meridian 1300 ft FWL 79CW238 64.5 NT 100
NE¼SW¼ Section 11, T6S, R67W, 6th P.M. 2600 ft FSL DE-4 Meridian 2600 ft FWL 79CW238 64.5 NT 100
SE¼SE¼ Section 12, T6S, R67W, 6th P.M. 1320 ft FSL DC-5 Cordillera 1270 ft FEL 82CW328 46 NT 100
TOTAL 304 NT
6. Applicants seek confirmation of their right to transfer the rights described in paragraph 5 to supplemental, additional and alternate point of diversion wells in the NT Denver North Well Field described below. Applicants request that this Court determine that Applicants have the right to withdraw all of the decreed Denver groundwater through the wells requested herein in the NT Denver North Well Field and any additional wells that may be completed in the future. As additional wells are constructed, permit applications will be filed in accordance with Section 37-90-137(10), C.R.S. Applicants claim the right to withdraw more than the average annual amounts estimated in this paragraph pursuant to Rule 8. A. of the Statewide Rules, 2 C.C.R. 402-7, and they claim the right to permits for additional wells pursuant to Rule 12 of the Statewide Rules, 2 C.C.R. 402-7.
MERIDIAN METROPOLITAN DISTRICT NT DENVER NORTH WELL FIELD
Maximum Withdrawal Pumping Rate Well No. Property Legal Description (af/yr) (gpm)
SW¼SW¼ Section 1, T6S, R67W, 6th P.M. 1300 ft FSL DE-1 Meridian 1300 ft FWL 304 200
SW¼NW¼ Section 12, T6S, R67W, 6th P.M. 1381 ft FNL DE-2 Meridian 1085 ft FWL 304 200
SW¼SW¼ Section 12, T6S, DE-3 Meridian R67W, 6th P.M. 304 200 December Resume -13-
1300 ft FSL 1300 ft FWL
NE¼SW¼ Section 11, T6S, R67W, 6th P.M. 2600 ft FSL DE-4 Meridian 2600 ft FWL 304 200
SE¼SE¼ Section 12, T6S, R67W, 6th P.M. 1320 ft FSL DE-5 Cordillera 1270 ft FEL 304 200
Total - Not to Exceed 304
December Resume -14-
7. NNT Denver - Applicants claim the following wells and water rights in the not nontributary Denver aquifer.
MERIDIAN METROPOLITAN DISTRICT NNT DENVER North Property Decreed Information
Well No. Property Decreed Location Case No. Appropriation Status Pumping (af/yr) Rate (gpm)
NW¼NE¼ Section 11, T6S, R67W, 6th P.M. 776 ft FNL DE-6 Meridian 1397 ft FEL 84CW620 53.1 NNT 100
NW¼NW¼ Section 12, T6S, R67W, 6th P.M. 580 ft FNL DE-7 Meridian 535 ft FWL 84CW620 53.1 NNT 100
SW¼SW¼ Section 11, T6S, R67W, 6th P.M. 140 ft FSL DE-8 Meridian 894 ft FWL 84CW620 53.1 NNT 100
SW¼SE¼ Section 11, T6S, R67W, 6th P.M. 99 ft FSL DE-9 Meridian 2572 ft FEL 84CW620 53.1 NNT 100
NW¼NW¼ Section 11, T6S, R67W, 6th P.M. 1306 ft FNL DE-10 Meridian 307 ft FWL 84CW620 53.1 NNT 100
SE¼SE¼ Section 3, T6S, R67W, 6th P.M. HQ-DN- Bradbury 590 ft FSL 84CW239 1 North 200 ft FEL 84CW242 312.6 NNT 400
NE¼NE¼ Section 12, T6S, R67W, 6th P.M. 50 ft FNL DE#1 Cordillera 1250 ft FEL 85CW389A 110 NNT 100
TOTAL 688 NNT
MERIDIAN METROPOLITAN DISTRICT
December Resume -15-
NNT DENVER South Property Decreed Information
Well No. Property Decreed Location Case No. Appropriation Status Pumping (af/yr) Rate (gpm)
NE¼NW¼ Section 18, T6S, R66W, 6th P.M. Bradbury 850 ft FNL BP-DN-1 South 1800 ft FWL 84CW236 69 NNT 400
NW¼SE¼ Section 19, T6S, R66W, 6th P.M. Bradbury 1900 ft FSL HS-DN-1 South 1900 ft FEL 84CW240 203 NNT 400
SE¼SE¼ Section 18, T6S, R66W, 6th P.M. 1200 ft FSL DEN-1 WU 1300 ft FEL 82CW470 125 NNT 300
SE¼NE¼ Section 18, T6S, R66W, 6th P.M. 1400 ft FNL DEN-2 WU 1300 ft FEL 82CW470 125 NNT 300
TOTAL 397 NNT
8. Applicants seek confirmation of their right to transfer the rights described in paragraph 7 to supplemental, additional and alternate point of diversion wells in the NNT Denver North Well Field and South Well Field described below. Applicants request that this Court determine that Applicants have the right to withdraw all of the decreed Denver groundwater through the wells requested herein in the NNT Denver North Well Field and South Well Field and any additional wells that may be completed in the future. As additional wells are constructed, permit applications will be filed in accordance with Section 37-90-137(10), C.R.S. Applicants claim the right to withdraw more than the average annual amounts estimated in this paragraph pursuant to Rule 8. A. of the Statewide Rules, 2 C.C.R. 402-7, and they claim the right to permits for additional wells pursuant to Rule 12 of the Statewide Rules, 2 C.C.R. 402-7.
December Resume -16-
MERIDIAN METROPOLITAN DISTRICT NNT DENVER NORTH WELL FIELD
Maximum Withdrawal Pumping Rate Well No. Property Legal Description (af/yr) (gpm)
NW¼NE¼ Section 11, T6S, R67W, 6th P.M. 776 ft FNL DE-6 Meridian 1397 ft FEL 688 450
NW¼NW¼ Section 12, T6S, R67W, 6th P.M. 580 ft FNL DE-7 Meridian 535 ft FWL 688 450
SW¼SW¼ Section 11, T6S, R67W, 6th P.M. 140 ft FSL DE-8 Meridian 894 ft FWL 688 450
SW¼SE¼ Section 11, T6S, R67W, 6th P.M. 99 ft FSL DE-9 Meridian 2572 ft FEL 688 450
NW¼NW¼ Section 11, T6S, R67W, 6th P.M. 1306 ft FNL DE-10 Meridian 307 ft FWL 688 450
NE¼NE¼ Section 12, T6S, R67W, 6th P.M. 50 ft FNL DE-11 Cordillera 1250 ft FEL 688 450
Total - Not to Exceed 688 NNT
December Resume -17-
MERIDIAN METROPOLITAN DISTRICT NNT DENVER SOUTH WELL FIELD
Maximum Withdrawal Pumping Rate Well No. Property Legal Description (af/yr) (gpm)
NE¼NW¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 850 ft FNL DE-12 WU 1800 ft FWL 397 250
NW¼SE¼ Section 19, T6S, R66W, 6th P.M. Bradbury South 1900 ft FSL DE-13 WU 1900 ft FEL 397 250
SE¼SE¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 1200 ft FSL DE-14 WU 1300 ft FEL 397 250
SE¼NE¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 1400 ft FNL DE-15 WU 1300 ft FEL 397 250
Total - Not to Exceed 397 NNT
December Resume -18-
9. Laramie-Fox Hills - Applicants claim the following wells and water rights in Laramie-Fox Hills Aquifer.
MERIDIAN METROPOLITAN DISTRICT LARAMIE-FOX HILLS North Property Decreed Information
Well No. Property Decreed Location Case No. Appropriation Status Pumping (af/yr) Rate (gpm)
SE¼NW¼ of Section 11, T6S, R67W, 6th P.M. 2725 ft FSL LFH-1 Meridian 2318 ft FWL 79CW239 125 NT 200
80CW368 69.4 NT
82CW296 40 NT
84CW620 135.6 NT
NW¼NW¼ Section 12, T6S, R67W, 6th P.M. 610 ft FNL LFH-2 Meridian 537 ft FWL 84CW620 370 NT 200
SE¼SE¼ Section 3, T6S, R67W, 6th P.M. Bradbury 600 ft FSL 84CW239 HQ-L-1 North 190 ft FEL 84CW242 185.6 NT 400
Center of SE¼ Section Cordillera 12, T6S, R67W, 6th P.M. (Daniel 1320 ft FSL DC-6 Crow) 1320 ft FEL 82CW328 42 NT 200
NE¼NE¼ Section 12, T6S, R67W, 6th P.M. 100 ft FNL LF1 Cordillera 1300 ft FEL 85CW389A 91 NT 150
TOTAL 688.6 NT
December Resume -19-
MERIDIAN METROPOLITAN DISTRICT LARAMIE-FOX HILLS South Property Decreed Information
Well No. Property Decreed Location Case No. Appropriation Status Pumping (af/yr) Rate (gpm)
SW¼NW¼ Section 18, T6S, R66W, 6th P.M. Bradbury 2550 ft FNL BP-L-1 South 1300 ft FWL 84CW236 58.6 NT 400
Center of Section 19, T6S, R66W, 6th P.M. Bradbury 2620 ft FSL HS-L-1 South 2620 ft FEL 84CW240 155 NT 400
WU SW¼SE¼ Section 18, (Eastern T6S, R66W, 6th P.M. Investment 1200 ft FSL FH-1 Group) 1350 ft FEL 82CW470 90 NT 250
WU SW¼NE¼ Section 18, (Eastern T6S, R66W, 6th P.M. Investment 1400 ft FNL FH-2 Group) 1350 ft FEL 82CW470 90 NT 250
TOTAL 303.6 NT
10. Applicants seek confirmation of their right to transfer the rights described in paragraph 9 to supplemental, additional and alternate point of diversion wells in the Laramie-Fox Hills North Well Field and South Well Field described below. Applicants request that this Court determine that Applicants have the right to withdraw all of the decreed Laramie-Fox Hills groundwater through the wells requested herein in the Laramie-Fox Hills North Well Field and South Well Field and any additional wells that may be completed in the future. As additional wells are constructed, permit applications will be filed in accordance with Section 37-90-137(10), C.R.S. Applicants claim the right to withdraw more than the average annual amounts estimated in this paragraph pursuant to Rule 8. A. of the Statewide Rules, 2 C.C.R. 402-7, and they claim the right to permits for additional wells pursuant to Rule 12 of the Statewide Rules, 2 C.C.R. 402-7.
December Resume -20-
MERIDIAN METROPOLITAN DISTRICT LARAMIE-FOX HILLS NORTH WELL FIELD
Maximum Withdrawal Pumping Rate Well No. Property Legal Description (af/yr) (gpm)
SE¼NW¼ of Section 11, T6S, R67W, 6th P.M. 2725 ft FSL LFH-1 Meridian 2318 ft FWL 688.6 450
NW¼NW¼ Section 12, T6S, R67W, 6th P.M. 610 ft FNL LFH-2 Meridian 537 ft FWL 688.6 450
NW¼NW¼ Section 11 and/or SW¼SW¼ Section 2, T6S, R67W, 6th P.M. 0 ft FNL and 1006 ft FWL of LFH-3 Meridian Section 11 688.6 450
Center of SE¼ Section 12, T6S, R67W, 6th P.M. 1320 ft FSL LFH-4 Cordillera 1320 ft FEL 688.6 450
Total - Not to Exceed 688.6 NT
December Resume -21-
MERIDIAN METROPOLITAN DISTRICT LARAMIE-FOX HILLS SOUTH WELL FIELD
Maximum Withdrawal Pumping Rate Well No. Property Legal Description (af/yr) (gpm)
SW¼NW¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 2550 ft FNL LFH-5 WU 1300 ft FWL 303.6 300
Center of Section 19, T6S, R66W, 6th P.M. Bradbury South 2620 ft FSL LFH-6 WU 2620 ft FEL 303.6 300
SW¼SE¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 1200 ft FSL LFH-7 WU 1350 ft FEL 303.6 300
SW¼NE¼ Section 18, T6S, R66W, 6th P.M. Bradbury South 1400 ft FNL LFH-8 WU 1350 ft FEL 303.6 300
Total - Not to Exceed 303.6 NT
December Resume -22-
11. Description of plan for augmentation: - A. Withdrawals to be augmented: all not nontributary Lower Dawson and Denver aquifer groundwater described in paragraphs 3, 4, 7 and 8. B. Water rights to be used for augmentation: irrigation return flows and land application from the use of all not nontributary Lower Dawson, NNT and NT Denver, and Laramie- Fox Hills water rights described in paragraphs 4, 5, 6, 7, and 8 herein; Arapahoe aquifer rights decreed in Case Nos. W-7609 and 84CW620; well RRC-4 (Permit No. 018733F) in Case No. W-8033-75; Arapahoe aquifer rights to be decreed in Case No. 01CW145; any Meridian water rights tabulated in the foregoing pages; rights decreed in Case Nos. 84CW239, 84CW242; 84CW240, 84CW236, 82CW470; 82CW328; 85CW389A; and water rights described in paragraph E. below. C. During pumping: Applicant will replace an amount equal to 4% of the annual amount withdrawn from the NNT Denver aquifer to the stream system pursuant to Section 37-90-137(9)(c), C.R.S. plus actual out of priority depletions from the Lower Dawson aquifer utilizing irrigation return flows and land application from use of the subject water rights and/or direct discharges from the subject water rights described in paragraph 11B which will accrue to the South Platte River system and those amounts will be sufficient to replace an amount equal to 4% of the annual amount withdrawn of NNT water from the Denver aquifer and actual out of priority depletions from the Lower Dawson aquifer while the subject groundwater is being pumped. D. After the 100th year, after all the Lower Dawson and Denver aquifer water is withdrawn, or after pumping ceases, Applicant will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. If the Court finds, however, that such out of priority depletions must be replaced, Applicant will reserve an adequate amount of nontributary ground groundwater to meet augmentation requirements from those sources shown in paragraph E below. E. Additional sources of post-pumping augmentation water : (1) Twenty-five acre feet of nontributary water decreed to the Hock Hocking Mine in Case No. W-1318; (2) Two hundred acre feet of Laramie-Fox Hills nontributary water that is the subject of a pending adjudication in Case No. 01CW205; (3) A portion of the nontributary Laramie-Fox Hills water described in paragraph 9 hereof; (4) Nontributary water decreed to Arapahoe wells 1 and 2 at the Denver Technological Center in Case No. W- 8679-77 that is not being withdrawn and placed to beneficial use. Wherefore, Applicants request that this Court approve their Application for Approval of a Plan for Augmentation, for Changes in Well Locations and Points of Diversion, for Approval of Alternate Points of Diversion
2001CW258 SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT, 6595 East 70th Avenue, Commerce City, CO 80037 (David L. Harrison and Timothy J. Beaton, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306 (303) 443-8782) Application for Plan for Augmentation, IN ADAMS COUNTY. 2.Water rights available for use by South Adams: a. Fulton Ditch. South Adams is the owner of 546 shares of the 7185 total shares outstanding of the capital stock of the Fulton Irrigating Ditch Company. Historical diversions through the Fulton Ditch are shown on Exhibit A-1. These shares were historically used on the tracts listed as follows and as generally depicted on Exhibit B: Approximate Number of Historical Place of Use Parcel Tract Name Shares A Portion of: Acreage
Grove/Kelly/Mann 4 W½, Sec. 2 & Sec. 3, T2S, R67W & 440 W½NE¼, W½NW¼, Sec. 35, T1S, R67W Rossi/Tiefel 13 E½ NE¼, Sec. 35, T1S, R67W 37 Jensen/Melby 18 N½ SE¼ & S½ NE¼, Sec. 28, T2N, 160 R66W Hide Away Hills 39 NW¼, Sec. 5 & NE¼, Sec. 6, T1S, 84 R66W Kramer 28 N½ SE¼, Sec. 29, T1N, R66W 72
December Resume -23-
Approximate Number of Historical Place of Use Parcel Tract Name Shares A Portion of: Acreage
Henad Company 40 S½ SW¼, Sec. 35, T1S, R67W 80
Triple G 125 S½ NW¼ & SW¼ NE¼ & 160 NW¼SE¼, Sec. 20, T1N, R66W Vincent 50 E½ NW¼, Sec. 5, T1N, R66W 80
Erger 120 S½, Sec. 9, T2N, R66W 320 Lane 15 E½ SE¼, Sec. 31, T1N, R66W 70 Sandlin 30 NW¼ NE¼, Sec. 29, T1N, R66W 40
Worthing 14 E½ NW¼, W½ NE¼, & SE¼SE¼, 194 Sec. 26 & NE¼NE¼, Sec. 35, T1S, R67W Hazeltine 50 NW¼ SW¼, Sec. 3 & N½SE¼, Sec. 120 4, T2S, R67W The Fulton Irrigating Ditch Company has the following decreed water rights: i. Appropriation dates and amounts: (1) May 1, 1865; 79.7 cfs (South Adams pro rata ownership is 6.06 cfs) (2) July 8, 1876; 74.25 cfs (South Adams pro rata ownership is 5.64 cfs) (3) November 5; 1879, 50.23 cfs (South Adams pro rata ownership is 3.82 cfs) ii. Original decree: (1) Case No. 6009 (2) Date entered: April 28, 1883 (3) Court: Arapahoe County District Court iii. Decreed point of diversion: The decreed headgate location is “near Section 9, between Sections 16 and 17, in T.2S. of R.67W.” The actual point of diversion is located in the NE1/4 of the NE1/4 of the SE1/4 of Section 17, Township 2 South, Range 67 West of the 6th P.M., Adams County. iv. Source: The South Platte River b. Brighton Ditch. South Adams is the owner of 1.105 shares of the 20 total shares outstanding of the capital stock of the Brighton Ditch Company. Historical diversions through the Brighton Ditch are shown on Exhibit A-2. These shares were historically used on the tracts listed as follows and as generally depicted on Exhibit B: Approximate Number of Historical Place of Use Parcel Tract Name Shares A Portion of: Acreage Junge 0.25 W½ SW¼, Sec. 36, T2N, R67W 80 Lambrecht 0.855 NE¼, Sec 12 & SE¼ SE¼, Sec. 1, 200 T1N, R67W i. Appropriation dates and amounts: (1) December 1, 1863; 22.22 cfs (South Adams pro rata ownership is 1.23 cfs) (2) November 1, 1871; 22.58 cfs (South Adams pro rata ownership is 1.25 cfs) ii. Original decree: (1) Case No. 6009 (2) Date entered: April 28, 1883 (3) Court: Arapahoe County District Court
December Resume -24-
iii. Decreed point of diversion: The decreed headgate location is “in the SE¼ of SE¼ of Section 11, T.1, S. of R. 66W.” This corresponds with the actual location. iv. Source: South Platte River. c. Lupton Meadows Ditch Company. South Adams is the owner of 712 shares of the 4184 total shares outstanding of the capital stock of the Lupton Meadow Ditch Company. These shares were historically used on the tracts listed as follows and as generally depicted on Exhibit B: Approximate Number of Historical Place of Use Parcel Tract Name Shares A Portion of: Acreage Welco 512 W½, Sec. 19 & NE¼, Sec. 25 & 460 parcels in Secs. 18 & 24, T2N, R67W and Sec. 30, T2N, R66W Vincent 200 S½, Sec. 12, T2N, R67W 320 i. The Lupton Meadows Ditch Company owns 43 shares of the 82.5 shares outstanding of the capital stock of the Lupton Bottom Ditch Company. The 43 shares correspond to 3618 Lupton Meadows Ditch Company shares delivered through the Lupton Bottom Ditch. Of South Adams’ 712 shares in Lupton Meadows Ditch Company, 592 are delivered through the Lupton Bottom Ditch. Historical diversions through the Lupton Bottom Ditch are shown on Exhibit A-3. (1) Appropriation dates and amounts: (a) May 15, 1863; 47.7 cfs (South Adams pro rata ownership is 4.07 cfs). (b) September 15, 1873; 92.78 cfs (South Adams pro rata ownership is 7.91 cfs). (c) March 10, 1871; 37.6 cfs of which 10 cfs were transferred to the Lupton Bottom Ditch by Lupton Meadows Ditch Company on April 16, 1927 in Civil Action No. 96148 (South Adams pro rata ownership is 1.64 cfs). The remaining 27.6 cfs were abandoned. (2) Original decree: (a) Case No. 6009 (b) Date entered: April 28, 1883 (c) Court: Arapahoe County District Court (3)Decreed point of diversion: The decreed headgate location is “on or near the N.W.¼ of Section 16, T.1N. of R.66W., in Weld County.” This corresponds with the actual location. (4) Source: The South Platte River ii.Lupton Meadows Ditch Company owns 25.5 shares of the 130 shares outstanding of the capital stock of the Meadow Island No. 1 Ditch Company. The 25.5 shares correspond to 330 Lupton Meadows Ditch Company shares delivered through the Meadow Island No. 1 Ditch. Of South Adams’ 712 shares in Lupton Meadows Ditch Company, 120 are delivered through the Meadow Island No. 1 Ditch. Historical diversions through the Meadow Island No. 1 Ditch are shown on Exhibit A-4. (1) Appropriation dates and amounts: (a) May 1, 1866; 26.33 cfs. Meadow Island No. 1 Ditch Company owns 22 cfs of the amount (South Adams pro rata ownership is 1.57 cfs). (b) April 29, 1882; 94.8 cfs (South Adams pro rata ownership is 6.76 cfs). (2) Original decree: (a) Case No. 6009 (b) Date entered: April 28, 1883 (c) Court: Arapahoe County District Court. (3) Decreed point of diversion: The decreed headgate location is “on the S.E.¼ of Section 12, T.2N. of R.67W.” The actual point of diversion is located in the SW¼ of Section 19, T2N, R66W. (4) Source: The South Platte River. d. Burlington Ditch, Reservoir and Land Company. South Adams has acquired or is the owner of 151.465 shares, in addition to the 103.045 shares which were previously changed in W-8440- 76 and W-8440-76A, out of the 1848.327 total shares outstanding of the capital stock of the
December Resume -25-
Burlington Ditch, Reservoir and Land Company, a mutual ditch company, in the Little Burlington Division thereof. Historical diversions through the Little Burlington Division are shown on Exhibit A-5. These shares were historically used on the tracts listed as follows and as generally depicted on Exhibit B.
Number Approx. of Historical Place of Use Acreage of Previous Owner Shares A Portion of: Tract
Heinze 14 SE¼ Sec. 15, T2S, R67W 147.5 Interstate 80-S, Ltd./ 15 NW¼ Sec. 14 & E½SW¼, Section 11, 240 Lancaster T2S, R67W Pinkerton 2.5 A parcel in SE¼NE¼, Sec. 20, T2S, 5.46 R67W Bakes 7.25 N½SW¼, Sec. 2, T2S, R67W 40 Bushman and Butler 10 NE¼, Sec. 32, T1S, R66W 147 Mobile Premix 21 A parcel in the N½NW¼ & S½NW¼, 100 Sec. 10, T2S, R67W Melody/Kuster 5 SE¼SE¼, Sec. 17 & E½NE¼, Sec. 20, 119 T1S, R66W Melody/Supers 12 A parcel in the NW¼, Sec. 32 & a 320 parcel in the SE¼, Sec. 29, T1S, R66W Melody/Roth 3 N½, Sec. 21 & a parcel in the NE cor. 119 of E½SE¼, Sec. 20, T1S, R66W Melody/Heitschmidt 13 S½, Sec. 16, T1S, R66W 80
Cooley Gravel Co. 48.715 S½SE¼, Sec. 35 & SW¼NE¼, Sec. 588 36, T1S, R67W; SE¼ & N½SW¼, Sec. 10, & NE¼, Sec. 30, T2S, R67W; W½SE¼, S½SE¼SE¼, W½SW¼ & W½NE¼, Sec. 20, & SW¼SE¼, Sec. 17, all in T1S, R66W; and E½NW¼, Sec. 9, T1N, R66W The Burlington Ditch, Reservoir and Land Company owns the following water rights for the Little Burlington Division: i. A direct flow right in the amount of 16.28 cfs (South Adams pro rata ownership is 1.33 cfs) from the South Platte River, being a portion of the 56.85 cfs with a priority date of April 1, 1864 originally decreed to the Duggan Ditch as Priority No. 7 in former Water District No. 2 by decree dated April 28, 1883 of the District Court in and for Arapahoe County, which amount was transferred to the headgate of the Burlington Ditch by decree dated June 7, 1911 in Civil Action No. 40300 of the District Court in and for the City and County of Denver, by decree dated May 14, 1912 in Civil Action No. 52668 of the District Court in and for the City and County of Denver as amended on February 28, 1918, and by decree dated January 6, 1927 in Civil Action No. 95386 of the District Court in and for the City and County of Denver. ii. A direct flow right in the amount of 350 cfs from the South Platte River, of which the Little
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Burlington Division has 200 cfs (South Adams pro rata ownership is 16.38 cfs) with a priority date of November 20, 1885, originally decreed to the Burlington Ditch as Priority No. 57 in former Water District No. 2, by decree dated July 8, 1893 of the District Court in and for Arapahoe County. iii. A storage right in the amount of 750 acre-feet (South Adams pro rata ownership is 61.43 acre- feet) from Geneva Creek, a tributary of the North Fork of the South Platte River in Park County, with a priority date of September 15, 1904 in former Water District No. 23, thereafter reorganized as former Water District No. 80, originally decreed to Duck Lake (also known as Altura Reservoir) by decree dated May 18, 1918 of the District Court in and for Park County. iv. A direct flow right in the amount of 50 cfs (South Adams pro rata ownership is 4.10 cfs) from First Creek, a tributary of the South Platte River in Adams County, with a priority date of September 1, 1886, originally decreed to the Burlington Ditch in former Water District No. 2 by decree dated July 8, 1893 of the District Court in and for Arapahoe County. v. A direct flow right in the amount of 250 cfs (South Adams pro rata ownership is 20.48 cfs) from Second Creek, a tributary of the South Platte River in Adams County, with a priority date of November 15, 1886, originally decreed to the Burlington Ditch in former Water District No. 2 by decree dated July 8, 1893 of the District Court in and for Arapahoe County. vi.A direct flow right in the amount of 250 cfs (South Adams pro rata ownership is 20.48 cfs) from Third Creek, a tributary of the South Platte River in Adams County, with a priority date of September 15, 1887, originally decreed to the Burlington Ditch in former Water District No. 2 by decree dated July 8, 1893 of the District Court in and for Arapahoe County. vii. Decreed points of diversion: As originally decreed, the Burlington South Platte River headgate was located “at a point on the southeast bank of the Platte River, about two hundred feet east and two hundred feet north of the center of Sec. 14, Tp. 3, South, Range 68 West, in said Water District No. 2, within said County of Arapahoe.” The actual location of the Burlington South Platte River headgate is in Section 14, Township 3 South, Range 68. The decreed location of the Burlington Ditch First Creek headgate is “in the N.W. quarter of Sec. 14, Tp. 2, South, Range 67 West.” The decreed and actual locations are the same. The decreed location of the Burlington Ditch Second Creek headgate is “in the S.W. quarter of Sec. 6, Tp. 2, South, Range 66 West.” The actual location is in the Northwest quarter of the Southwest quarter, Section 6, Township 2 South, Range 66. The decreed location of the Third Creek Dam is “in the N.W. quarter of Sec. 32, Tp. 1 South, Range 66 West.” The Burlington Ditch Third Creek headgate is actually located in the Northeast quarter of the Southeast quarter, Section 32, Township 1 South, Range 66. The Burlington Ditch also receives water from the Metro pump station, which discharges to the ditch in Section 12, Township 3 South, Range 68. e. The Wellington Reservoir Company. South Adams is the owner of 128.955 shares, in addition to the 134.545 shares that were previously changed in Case Nos. W-8440-76 and W-8440- 76A, of the 1838.660 total shares outstanding of the capital stock of the Wellington Reservoir Company, a mutual reservoir company. Historical diversions through the Wellington Reservoir Company are shown on Exhibit A-6. These shares were historically used on the tracts listed as follows and as generally depicted on Exhibit B:
Number Approx. of Historical Place of Use Acreage of Previous Owner Shares A Portion of: Tract Heinze 14 SE¼, Sec. 15, T2S, R67W 148
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Number Approx. of Historical Place of Use Acreage of Previous Owner Shares A Portion of: Tract Interstate 80-S, Ltd./ 15 NW¼, Sec. 14 & E½SW¼, Sec. 11, 240 Lancaster T2S, R67W
Pinkerton 2.5 A parcel in SE¼NE¼, Sec. 20, T2S, 5 R67W Bakes 7.25 N½SW¼, Sec. 2, T2S, R67W 40 Bushman and Butler 10 NE¼, Sec. 32, T1S, R66W 147 Mobile Premix 16 A parcel in the N½NW¼ & 100 S½NW¼, Sec. 10, T2S, R67W Melody/Kuster 5.33 SE¼SE¼, Sec. 17 & E½NE¼, Sec. 119 20, T1S, R66W Melody/Mattive 2 SE¼, Sec. 8, T1S, R66W 160 Melody/Roth 3 N½, Sec. 21 & a parcel in the NE 119 cor. of E½SE¼, Sec. 20, T1S, R66W
Melody/Heitschmidt 13 S½, Sec. 16, T1S, R66W 80
Cooley Gravel Co. 40.875 S½SE¼, Sec. 35 & SW¼NE¼, Sec. 520 36, T1S, R67W; SE¼ & N½SW¼, Sec. 10, T2S, R67W; W½SE¼, S½SE¼SE¼, W½SW¼ & W½NE¼, Sec. 20, & SW¼SE¼, Sec 17, all in T1S, R66W; & E½NW¼, Sec. 9, T1N, R66W
The Wellington Reservoir Company owns the following storage and direct flow rights, which are diverted for use at the aforedescribed Burlington Ditch headgate, as follows: i. A direct flow right in the amount of 7.987 cfs (South Adams pro rata ownership is 0.56 cfs) from the South Platte River, being a portion of the 56.85 cfs with a priority date of April 1, 1864 originally decreed to the Duggan Ditch as Priority No. 7 in former Water District No. 2 by decree dated April 28, 1883 of the District Court in and for Arapahoe County, which amount was transferred to the headgate of the Burlington Ditch by decree dated April 27, 1923 in Civil Action No. 82042 of the District Court in and for the City and County of Denver. ii. A storage right in the amount of 2747.72 acre-feet (South Adams pro rata ownership is 192.62 acre-feet) from Buffalo Creek, a tributary of the North Fork of the South Platte River in Jefferson County, with a priority date of May 31, 1892 decreed to Wellington Reservoir, Priority No. 416 in former Water District No. 23, thereafter recognized as former Water District No. 80, by decree dated June 22, 1922 in the District Court in and for Park County. iii. A storage right in the amount of 1652 acre-feet (South Adams pro rata ownership is 115.81 acre-feet) from Buffalo Creek, a tributary of the North Fork of the South Platte River in Jefferson County, with a priority date of June 5, 1920 decreed to Wellington Reservoir First Enlargement as Priority No. 427 in former Water District No. 23, thereafter reorganized as
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former Water District No. 80, by decree dated June 21, 1922 of the District Court in and for Park County, as thereafter modified by the decree of the District Court in and for Water Division No. 1 entered on January 11, 1972 in Case No. W-186. iv. A direct flow right through the Hicks Creek Feeder Ditch for 25 cfs (South Adams pro rata ownership is 1.75 cfs) from Hicks Creek with a priority date of December 21, 1921, as adjudicated by the District Court for Park County in Case No. 1839 on June 21, 1922. v. A direct flow right through the Mendenhall Feeder Ditch for 25 cfs (South Adams pro rata ownership is 1.75 cfs), with a priority date of September 3, 1892, as adjudicated by the District Court for Park County in Case No. 1839 on June 21, 1922. vi. Decreed points of diversion: The Duggan Ditch headgate was initially decreed as being located “on Section 36 T.2 South of Range 68 West.” By later decrees the point of diversion of the Duggan Ditch was transferred to the headgate of the Burlington Ditch. Wellington Reservoir is located on Buffalo Creek in Sections 29, 30, 31 and 32, Township 8 South, Range 71, Jefferson County. The Hicks Ditch headgate is located in the NE¼SE¼SE¼, Section 32, T8S, R71W. The Mendenhall Ditch headgate is located in the SW¼NE¼SW¼, Section 30, T8S, R71W. f. Contract with the City of Westminster. South Adams has a contract with the City of Westminster dated February 27, 2001 for the delivery of 1000 acre-feet of fully-consumable water out of water that the City owns that will be, is, or has been the subject of proceedings in the District Court, Water Division No. 1, Colorado. Said Water Court proceedings include, but are not limited to, Case Nos. W-8743, Consolidated Cases 86CW397, 88CW267 and 89CW129, Consolidated Cases 86CW398, 88CW266 and 90CW101, 88CW268, 88CW270, 90CW211, 93CW176, 99CW206, 99CW207, 00CW262, 00CW263 and 00CW264 (the “Westminster Water Rights Decrees”). Said decrees include the adjudication and appropriation dates, types of water rights, legal descriptions, sources, amounts, and uses of the fully-consumable water. By this application, South Adams seeks to use said water as a source of augmentation water in the above-captioned matter. So long as the source of the water provided by Westminster pursuant to said agreement is or has been determined to be fully-consumable by a Water Court decree or decrees, and the amount of consumptive use credit available for such source of water is or has been determined by a Water Court decree or decrees, any such fully-consumable water delivered by Westminster to South Adams may be used for augmentation purposes as contemplated by this Application and any resulting decree. This application merely seeks to incorporate said fully-consumable water into the present augmentation plan as a source of augmentation water. Nothing in the above-captioned matter seeks to re-open, reconsider, re-quantify or otherwise change or revise any portion of the Westminster Water Rights Decrees. 3. Storage facilities available to South Adams (all generally depicted on Exhibit C): a. Wattenberg Reservoir: 1200 acre feet of storage pursuant to agreement with the City of Westminster of December 11, 2001. Storage is located in Sections 25 and 36, T1N, R67W and in Section 30, T1N, R66W of the 6th P.M. b. Up to 5000 acre-feet out of storage developed jointly with the Denver Water Department pursuant to the Water Agreement of November 30, 1998 out of the Howe-Haller, Hazeltine, Road Runner’s Rest II, Brinkmann-Woodward and Dunes Reservoirs (referred to herein as “Joint Denver Gravel Pit Lakes”) located in portions of Sections 2, 3, 4 and 9, T2S, R67W and/or the Cat and Miller Reservoirs located in portions of Section 1, T3S, R68W of the 6th P.M. South Adams’ use of Cat and Miller would be limited to storage of its interests in the Burlington and Wellington water rights. c. Tanabe Reservoir: 1125 acre-feet in Section 10, T2S, R67W of the 6th P.M. 4. Application for conditional water rights for alluvial wells: South Adams seeks confirmation of its appropriation of conditional water rights for the following alluvial wells. The wells will serve as new points of diversion under the combined plan for augmentation, pursuant to paragraph December Resume -29-
11.B. of the 1979 augmentation plan decree in Case No. W-8440-76, February 21, 1979. a. Name, legal description, and amount claimed for each well: Pumping Annual Est. Well No. Legal Description Rate Volume Depth (gpm) (af/yr) (ft) 31 NE¼ SE¼, Sec. 6, T2S, R66W, 2225 feet from 1000 1200 60 the south section line and 100 feet from the east section line. 34 NE¼ NE¼, Sec. 5, T2S, R66W, 200 feet from 1000 1200 50 the north section line and 1210 feet from the east section line. 35 SE¼ NW¼, Sec. 33, T1S, R66W, 2550 feet from 1200 1440 80 the north section line and 2400 feet from the west section line. 81 SE¼ SW¼, Sec. 32, T1S, R66W, 1200 feet from 1500 1800 70 the south section line and 2620 feet from the west section line.
82 SE¼SE¼, Sec. 6, T2S, R66W, 100 feet from the 1000 1200 70 south section line and 100 feet from the east section line. 83 NE¼SW¼, Sec. 2, T2S, R67W, 2600 feet from 500 600 60 the south section line and 1500 feet from the west section line. 84 NE¼NW¼, Sec. 5, T2S, R66W, 400 feet from 1000 1200 70 the north section line and 2600 feet from the west section line. 85 NW¼SW¼, Sec. 33, T1S, R66W, 2600 feet from 1500 1800 70 the south section line and 1300 feet from the west section line. 86 SW¼SW¼, Sec. 2, T2S, R67W, 1300 feet from 500 600 60 the south section line and 450 feet from the west section line. 87 SE¼NW¼, Sec. 10, T2S, R67W, 1700 feet from 500 600 60 the north section line and 1500 feet from the west section line. 88 NE¼NE¼, Sec. 29, T2S, R67W, 1320 feet from 2000 2000 95 the north section line and 10 feet from the east section line b. Source: Each of the alluvial wells will obtain its supply solely from the alluvial aquifer tributary to the South Platte River. c. Approximate locations of the wells are depicted on Exhibit D. d. All the conditional water rights have an appropriation date of December 12, 2001, the date when the Board of Directors of South Adams confirmed its intent to make these appropriations by resolution. December Resume -30-
e. Use: Municipal water supply for South Adams for domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife preservation and propagation and all other beneficial municipal uses of South Adams, through its potable treated water system or through a separate non-potable system for irrigation or other uses, or by means of augmentation for replacement of depletions in the South Platte River or its tributaries. f. The names and addresses of the owners of the land on which the wells are to be located are as follows: Well 31 James L. and Lulu Marie Hathaway 11751 Chambers Road, Brighton, CO 80601-7147 Well 34 Russell N. Watterson, et al. 13821 Gaylord Street, Brighton, CO 80601 Well 35 Krishna P. Vemuri 1427 Palisades Drive, Appleton, WI 54915 Well 81 James W. and Carol Diane Reasoner 15999 East 120th Avenue, Brighton, CO 80601-6902 Well 82 D. Schlup, Ltd. One Belleview Drive, Greenwood Village, CO 80121 Well 83 City of Commerce City 5291 East 60th Avenue, Commerce City, CO 80022-3203 Well 84 Northwood Village Associates, Ltd., c/o Moore & Co. 8490 East Crescent Parkway, #250, Greenwood Village, CO 80111 Well 85 Dan V. Cutler, et al. 12635 Buckley Road, Brighton, CO 80601-7065 Well 86 Melody Homes, Inc. 11031 Sheridan Boulevard, Westminster, CO 80020 Well 87 South Adams County Water and Sanitation District 6595 East 70th Avenue, Commerce City, CO 80022 Well 88 John Palombo 9001 Monaco Street, Henderson, CO 80640 g. South Adams has applied for the issuance of well permits for the wells described herein with the office of the State Engineer. Under the subject plan for augmentation there is unappropriated water available which can be withdrawn without causing injury to other water rights, for each of the wells described above. h. Well Nos. 31, 34 and 35 were previously added as potential points of diversion under the integrated plan for augmentation in Case No. W-8440-76C by decree of November 13, 1984. That decree at paragraph 10, provided, in effect, that for the replacement of any injurious effect to water rights on the South Platte River, but deferred a determination of local effects to other users in the alluvial groundwater or local surface water system. By providing that South Adams must get a well permit or court decree before developing such wells, the decree essentially required South Adams to obtain a determination in a subsequent process that there is unappropriated groundwater available which can be withdrawn without injury to other groundwater rights. South Adams now seeks that determination. In accordance with paragraph 10.C.ii. of that decree, applicant agreed to a five-year period of retained jurisdiction on the adjudication of Well Nos. 31, 34 and 35 from the date of first operation of each well. 5. Plan for augmentation and change of water rights: South Adams County Water and Sanitation District supplies water to Commerce City and surrounding areas from a variety of sources including water from the South Platte River alluvium and from nontributary groundwater. The augmentation plan proposed herein constitutes an extension of South Adams’s existing augmentation plan under Case No. W-8440-76 and subsequent cases W-8440-76A-D (generally referred to herein as W-8440). In this application, South Adams includes additional water rights and storage facilities which have been acquired since W-8440-76D, seeks change of use of those December Resume -31-
water rights, and seeks additional points of diversion for alluvial wells. The plan will define the stream depletive effect from these new wells and stream accretive effect from lawn grass irrigation and municipal system losses in new areas of the District, and will modify the conditions on alluvial wells and on the operation and accounting of a recharge facility adjudicated in a previous decree. The accounting provided in this application will be integrated with the accounting under the W-8440 decrees. South Adams has in recent years acquired shares of stock in the Fulton Ditch, the Brighton Ditch, the Lupton Meadow Ditch, the Burlington Ditch Company, and the Wellington Reservoir Company. South Adams also has acquired rights to reusable return flow pursuant to a contract with the City of Westminster. South Adams has acquired rights to storage facilities including the Wattenberg Reservoir, pursuant to agreement with the City of Westminster, reservoir storage pursuant to an agreement with the Denver Water Department, and storage developed at Tanabe Reservoir by contract with a gravel mining contractor. The water rights and storage facilities included herein can also be used to meet obligations for replacing water specified in the W-8440 decrees. a. Change of water rights: South Adams seeks to change each of the water rights described in paragraph 2 to use for municipal water supply for South Adams for domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife preservation and propagation and all other beneficial municipal uses of South Adams, through its potable treated water system or through a separate non-potable system for irrigation or other uses, or by means of augmentation for replacement of depletions in the South Platte River or its tributaries. b. Description of augmentation plan: Pumping from each of the subject wells included in this plan will be recorded and included in the augmentation plan accounting process already in use for Case Nos. W-8440. The monthly stream depletive effect for each well will be determined and stream depletions will be included in the accounting process. The reach of the South Platte River (“the Depletion Reach”) within which flows will be depleted begins at an upstream point which is at or below the confluence of Sand Creek near the south quarter corner of Section 1, T3S, R68W, and extends downstream to a point in the City of Brighton at the Colorado State Highway 7 bridge at the southerly section line of Section 1, T1S, R67W. Depletion from wells will gradually aggregate from near the upstream end of the reach down no further than the lower point where the depletions will be at their maximum level. This reach includes the point of diversion of the Fulton Ditch, Brantner Ditch, and the Brighton Ditch. The Depletion Reach is depicted on Exhibit E. c. Return flows to be recorded and included in the accounting: The amount of water applied to lawn grass and open space irrigation will be determined in a process consistent with that under the existing plan. The percentage of the amount of water applied for lawn grass and open space irrigation that application that is not consumed and becomes return flow will be determined in this case. The amount of water accruing to the groundwater system from municipal system losses will be accounted in the same manner provided in the prior decrees. Appropriate plots will be designated to reasonably represent the timing and location of these return flows accreting to the mainstem, with such accretions being included in the accounting. d. Wastewater return flows will be accounted for in the same manner as is done under W-8440. Presently all treated wastewater returns to the South Platte River at the District’s Williams Monaco wastewater treatment plant, located in the SE1/4 of Section 17, Township 2 South, Range 67 West of the 6th P.M. The District is currently working with other metropolitan entities on planning for a new regional wastewater treatment plant, most likely to be located north of the City of Brighton. In the event that the regional plant is not built, the South Adams’ alternative is to build an additional plant for its sole use located near 120th Avenue. It is anticipated that the present Williams Monaco plant will handle all of the wastewater from the present and future increments of water supply that would be covered by the present plan for augmentation. However, it is possible that some increment of development supplied under this plan will actually December Resume -32-
send wastewater to the location of the new regional plant, or at a new plant at 120th Avenue, and, if so, those return flows will be accounted for at that location. e. South Adams will make releases of consumptively usable water under the water rights described in paragraph 2 hereof, together with releases of historical return flows, as necessary to prevent injury. The releases will be made from any of the following described augmentation stations to be constructed at these locations for the release of the described amounts of flow. i. Meadow Island No. 1 - Little Dry, in the SE¼, Section 13, T2N, R67W, to release water down Little Dry Creek which flows into the South Platte River in the SE¼ NE¼ of Section 12. ii. Meadow Island No. 1 - Headgate, in the NE¼SW¼, Section 19, T2N, R66W, to release water to the South Platte River in the same quarter section. iii. Lupton Bottom - East Lateral, in the SE¼NW¼, Section 31, T2N, R66W, to release water to the South Platte River in the same quarter-quarter. iv. Lupton Bottom - Big Dry, in the NE¼NE¼, Section 12, T1N, R67W, to release water down Big Dry Creek to the confluence of the South Platte River in the NW¼NW¼, Section 7, T1N, R66W. v. Brighton Ditch - Big Dry, in an existing ditch turnout in the NW¼SW¼, Section 12, T1N, R67W, to release water down Big Dry Creek to the confluence of the South Platte River in the NW¼NW¼, Section 7, T1N, R66W. vi. Brighton Ditch - Wattenberg, in the SW¼, Section 25, or NW¼, Section 36, T1N, R67W to release water to the South Platte River in the NW¼SW¼ or SW¼NW¼, Section 30, T1N, R66W. vii. Fulton - County Line, in the SW¼NE¼, Section 5, T1S, R66W, to release water to the South Platte River near the north section line of Section 6, T1S, R66W. viii. Fulton - Gravel Lakes, in the SE¼NE¼, Section 9, T2S, R67W, to release water to the South Platte River at any of three locations: NW¼, Section 9; SW¼, Section 4, above the headgate of the Brantner Ditch; or near the north quarter corner of Section 3, T2S, R67W. ix. Fulton - Headgate, in the SW¼NW¼, Section 16, T2S, R67W, to release water to the South Platte River near the east section line of Section 17, T2S, R67W. x. Burlington Wellington - Sand Creek, in the NW¼NE¼ or the NE¼NW¼, Section 12, T3S, R68W to release water down Sand Creek to the confluence of the South Platte River near the south quarter corner of Section 1, T3S, R68W. xi. Burlington Wellington - Cat Miller, in the SE¼NE¼, Section 1, T3S, R68W from which water will be conveyed into the Cat and Miller storage reservoirs, or to the South Platte River as it flows through the N½ of Section 1, T3S, R68W. xii. Burlington Wellington - Sanstad, in the NW¼, Section 29, T2S, R67W from which water will be conveyed to the Bull Seep, then rediverted from the Bull Seep in the SE¼, Section 17, T2S, R67W from which it will be conveyed to the South Platte River in the same quarter section. xiii. Burlington Wellington - Ford Recharge, to release water into the existing Ford Recharge facility, located in portions of the NE¼SE¼, Section 20 and the N½SW¼ and the S½NW¼, Section 21, T2S, R67W. xiv. Burlington Wellington - Tanabe, in the NW¼, Section 14, T2S, R67W from which water will be conveyed to Joint Denver Gravel Pit Lakes or to the South Platte River in the NW¼, Section 9, or the SW¼, Section 4, T2S, R67W, at a point upstream of the Brantner Ditch headgate, or to a point near the north quarter corner of Section 3, T2S, R67W. xv. Burlington Wellington - SACWSD Pipeline, near the NW corner of Section 12, T2S, R67W from which water will be conveyed to the Joint Denver Gravel Pit Lakes or to the South Platte River in the NW¼, Section 9, or the SW¼, Section 4, T2S, R67W, at a point upstream of the Brantner Ditch headgate, or to a point near the north quarter corner of Section 3, T2S, R67W. f. The names and addresses of owners of property on which the augmentation station structures will be located are:
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Meadow Island No. 1 - Little Dry Meadow Island No. 1 Ditch Company, c/o Ritchie Pyeatt, 9826 State Highway 66, Platteville, CO 80651 Leonard K. Vargas, 650 South Fifth, Brighton, CO 80601 Heit Farm, Ltd., LLP, 4520 Weld County Road 27, Fort Lupton, CO 80621 Meadow Island No. 1 - Headgate Meadow Island No. 1 Ditch Company, c/o Ritchie Pyeatt, 9826 State Highway 66, Platteville, CO 80651 Richard L. Hein, 5290 E Yale Cir. Suite 103, Denver, CO 80222 Darrell and Nelva Bearson, 9208 Weld County Road 25, Fort Lupton, CO 80621 Lupton Bottom - East Lateral Lupton Bottom Ditch Company, c/o Corky Cantrell, 11016 Weld County Rd 23, Platteville, CO 80651 South Platte Valley Historical Society, P.O. Box 633, Fort Lupton, CO 80621 Lupton Bottom - Big Dry Lupton Bottom Ditch Company, c/o Corky Cantrell, 11016 Weld County Rd 23, Platteville, CO 80651 Margaret V. Morton, P.O. Box 693, Fort Lupton, CO 80621 Brighton Ditch - Big Dry Brighton Ditch Company, c/o Don Rosenbrock, 3286 WCR 23, Fort Lupton, CO 80621 James H. & Wanda L. Mathisen, 11131 WCR 10, Fort Lupton, CO 80621 Brighton Ditch - Wattenberg Brighton Ditch Company, c/o Don Rosenbrock, 3286 WCR 23, Fort Lupton, CO 80621 City of Westminister, 4800 W. 92nd Ave., Westminster, CO 80030 Fulton Ditch - All Stations Fulton Irrigating Ditch Company, c/o Brice Steel, Gaunt, Dirrim, Coover, & Steele, P.C. 25 S. 4th Ave., Brighton, CO 80601 Fulton Ditch - County Line City of Brighton, c/o William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522 Fulton Ditch - Gravel Lakes Denver Water Board, 1600 W 12th Ave., Denver, CO 80254 South Adams County Water and Sanitation District, 6595 East 70th Avenue, Commerce City, CO 80022 Fulton Ditch - Headgate Camas Colorado Inc., 3605 So. Teller St, Lakewood, CO 80235 Burlington Wellington - All stations Farmers Reservoir & Irrigation Company, 80 S. 27th Ave., Brighton, CO 80601 Burlington Ditch, Reservoir and Land Company, 80 S. 27th Ave., Brighton, CO 80601 Henrylyn Irrigation District, P.O. Box 85, Hudson, CO 80642 Burlington Wellington - Sand Creek Multi Contractors Inc., 1901 Grove St., Denver, CO 80204 Burlington Wellington - Cat/Miller Denver Water Board, 1600 W 12th Ave., Denver, CO 80254 South Adams County Water and Sanitation District 6595 East 70th Avenue, Commerce City, CO 80022 Pursuant to Condemnation Proceedings in Case Nos. 99CV928 and 99CV2653, Adams County Dist. Ct. Burlington Wellington - Sanstad South Adams County Water and Sanitation District, 6595 East 70th Avenue, Commerce City, CO 80022 December Resume -34-
Burlington Wellington - Ford Recharge South Adams County Water and Sanitation District, 6595 East 70th Avenue, Commerce City, CO 80022 Burlington Wellington - Tanabe South Adams County Water and Sanitation District, 6595 East 70th Avenue, Commerce City, CO 80022 Burlington Wellington - SACWSD Pipeline Sturgeon Electric Company, Inc., 12,150 E 112th Ave., Henderson, CO 80640-9116 g. Under the augmentation operation and accounting, the District will assure that all depletions to the streamflow of the South Platte during times of lawful entitlement of water rights, caused by its well pumping, will be replaced in time, amount and location so as to prevent any injurious effect. 6. Confirmation of appropriative right of exchange: The subject plan for augmentation involves the replacement of stream depletions occurring in the Depletion Reach, with augmentation sources released to the river at downstream locations. As such, exchanges are inherent in the operation of the augmentation plan. In addition, South Adams will exchange consumptively usable augmentation credits from downstream ditch augmentation stations upstream for storage in the reservoirs. South Adams seeks confirmation of these rights of exchange as described hereinafter. Reference to augmentation stations by name are references to the descriptions and locations in paragraph 5.d. above. a. Description of exchanges: i. Meadow Island No. 1 Exchange: from the Meadow Island No. 1 - Little Dry or the Meadow Island No. 1 - Headgate augmentation stations to the Depletion Reach; or the Brighton Ditch headgate for storage in Wattenberg Reservoir; or to the Fulton Ditch headgate for storage in the Joint Denver Gravel Pit Lakes; at the rate of 8.33 cfs. ii. Lupton Bottom Exchange: from the Lupton Bottom - East Lateral or the Lupton Bottom - Big Dry augmentation stations; to the Depletion Reach; or the Brighton Ditch headgate for storage in Wattenberg Reservoir; or the Fulton Ditch headgate for storage in the Joint Denver Gravel Pit Lakes; at the rate of 13.62 cfs. iii. Brighton Ditch Exchange: from the Brighton Ditch - Big Dry or the Brighton Ditch - Wattenberg augmentation stations to the Depletion Reach; or the Fulton Ditch Headgate for storage in the Joint Denver Gravel Pit Lakes; at the rate of 2.48 cfs. iv. Fulton Ditch Exchange: from the Fulton - County Line, Fulton - Gravel Lakes or the Fulton - Headgate augmentation stations to the Depletion Reach; at the rate of 15.52 cfs. v. Wattenberg Storage Exchange - from the Brighton Ditch - Wattenberg augmentation station or Wattenberg Storage Reservoir outlet to the Fulton Ditch headgate for storage in the Joint Denver Gravel Pit Lakes, at the rate of 50 cfs. b. All the exchanges have an appropriation date of December 12, 2001, the date when the Board of Directors of South Adams confirmed its intent to make the appropriations by resolution. c. The water exchange will allow the augmentation of South Adams wells hereunder for municipal water supply for South Adams for domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife preservation and propagation and all other beneficial municipal uses of South Adams, through its potable treated water system or through a separate non-potable system for irrigation or other uses, or by means of augmentation for replacement of depletions in the South Platte River or its tributaries.
7. Modification of decree for South Adams Well Nos. 21 and 47:
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a. South Adams seeks to modify decreed provisions for Well Nos. 21 and 47, which are generally depicted on Exhibit B. Water rights for Well Nos. 21 and 47 were decreed in Case No. W-8440- 76D. The decree includes the following restrictive provisions: that Well Nos. 21 and 47 shall only be used for municipal purposes; that the instantaneous flow rate shall not exceed 2000 gpm for Well No. 21 and 1500 gpm for Well No. 47; that the annual volume of withdrawals from each of the wells shall not exceed 400 acre-feet; that the aggregate volume of withdrawals shall not exceed the lesser of 800 feet or the net recharge credit (determined based on amount credited for augmentation purposes) for the prior calender year; that the aggregate volume of withdrawals from Well Nos. 21 and 47 for any period of 5 consecutive calender years shall not exceed the lesser of 4000 acre-feet or 80% of the net recharge credits under the augmentation plan; that the monthly volume of withdrawals from each of the wells separately shall not exceed the lesser of 68 acre-feet, or 8.5% of the net recharge credit under the augmentation plan; and that the annual volume of withdrawals from either well 21 or 47 shall not exceed 110% of the annual volume of withdrawals from the other well during any calender year. South Adams seeks to modify the decree for Well Nos. 21 and 47 based on changes in conditions from the time of the decree. The restrictions on Well Nos. 21 and 47 were intended to prevent harm to other users; however, changes in well ownership and actual experience from operation of the recharge facility warrant changes in the restrictions placed on these wells. Wells potentially affected by Well Nos. 21 and 47 at the time of the decree are now owned by South Adams. Furthermore, the groundwater table is now higher than at the time when Well Nos. 21 and 47 were decreed, and the existence of lined gravel pits along the South Platte River has resulted and in the future will result in a damming effect along the river which will likely cause the water table to rise even more. Because of a combination of factors including recharge through the Ford Water Recharge Facility, the existence of lined gravel pits along the river, a rising water table, and changes in well ownership over the last twenty years, there can be no injury to those in the region of Well Nos. 21 and 47 if restrictive conditions for these wells are removed. 8. Modification of Decree for Ford Water Recharge Facility a. South Adams seeks to modify decreed provisions for the Ford Water Recharge Facility. The Ford Water Recharge Facility was decreed in Case No. W-8440-76D. Water attributable to the District’s Burlington and Wellington shares is delivered into the Ford Water Recharge Facility, and allowed to percolate into the groundwater. The accretive effects of the recharge upon the South Platte River are calculated on a monthly basis and, in part, offset the depletive effects of Well Nos. 21 and 47. The history of operating the Ford Water Recharge Facility since 1988 has indicated that the water delivered to the facility does not percolate into the ground as rapidly as was originally anticipated. A portion of the delivered water remains in storage for several months before percolating into the ground. South Adams seeks to modify the monthly accounting for the facility, by using a stage-storage relationship to determine the amount of water within the facility, and by computing the measured inflow to the facility each month. The modified accounting procedure will allow South Adams to determine more correctly the timing of each month’s recharge to the groundwater, and therefore will result in a more correct determination of the magnitude and timing of the accretive effects upon the river. South Adams also intends through this revised accounting to use the facility for short-term storage of augmentation credits. 33 pages + 14 pages exhibits.
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2001CW259 WALTER M. AND GEORGIA J. RUBECK, 2010 Wold Ave., Colo. Springs, CO 80909. Application for Water Rights (Surface), IN PARK COUNTY. Topaz Mountain Gem Spring is located in the NE1/4SW1/4, S12, T11S, R72W, 6th P.M. 2310 Matukat Rd. Source: Terryall Creek Appropriation: 12.10.01 Amount claimed: 2 quarts per minute. Use: Domestic and screening purposes. If non-irrigation, describe purpose fully: To be used for the cleaning of gem stone material. Cooking and wash water. Remarks: The water to be returned to aquifer-no ponding. No water will be hauled from site, over two miles from five stream. Contaminates will not be used in water. Wash water disposal approved by engineer. Land owned by BLM (2 pages)
2001CW260 CITY OF FORT COLLINS, Michael D. Shimmin , Vranesh & Raisch, LLP, 1720 14th Street, #200, Boulder, CO 80302. Telephone: (303) 443-6151Fax: (303) 443-9586 Email: [email protected] APPLICATION FOR SURFACE WATER RIGHTS, IN LARIMER COUNTY.
1. Name, address, telephone number of applicant:
City of Fort Collins c/o Craig Foreman, Manager Park Planning and Development 281 North College Avenue Fort Collins, CO 80524
2. Name of structure: Fossil Creek Community Park Intake.
3. Legal description: Fossil Creek Community Park Intake is located in the Northwest 1/4 of the Southwest 1/4 of Section 1, T 6 N, R 69 W., 6th P.M.
4. Source: Fossil Creek, a tributary of the Cache la Poudre River.
5. Date and manner of appropriation:
A. Date: April 24, 1996. B. How appropriation was initiated: By completion of conceptual park design, construction of three lakes, including parts of park irrigation system, and construction of improvements to diversion structures and conveyance ditch.
6. Amount: 6.0 cfs, conditional.
7. Proposed use: Water will be diverted through the Fossil Creek Community Park Intake, run into Fossil Creek Community Park Lakes No. 1-3, and then delivered for irrigation purposes at Fossil Creek Community Park. The conditional rights requested in this application will be direct flow water rights. These will be separate from, and in addition to, the storage water rights previously decreed to Portner Reservoir, and for which a change of use is being sought in a companion application being filed by Fort Collins simultaneously with this application. The number of acres proposed to be irrigated at the park is 60, which are located in the Northeast 1/4 of Section 12, T 6 N, R 69 W, 6th P.M., and are shown on the map attached as Exhibit A.
8. Name and address of owners of land on which structures and place of use are located: The Fossil Creek Community Park Intake is located on land owned by the Fossil Creek Homeowners Association, for which the address is c/o Faith Property Management, 300 E. Boardwalk, Fort Collins, Colorado 80525. The other
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structures are located on land owned by Fort Collins. (2 pages; Ex. A 1-page)
2001CW261 CITY OF FORT COLLINS, Michael D. Shimmin , Vranesh & Raisch, LLP 1720 14th Street, #200, Boulder, CO 80302. Telephone: (303) 443-6151 Fax: (303) 443-9586 Email: [email protected] APPLICATION FOR CHANGE OF WATER RIGHT, IN LARIMER COUNTY
1. Name, address, telephone number of applicant:
City of Fort Collins c/o Craig Foreman, Manager Park Planning and Development 281 North College Avenue Fort Collins, CO 80524
2. Decreed name of structure for which change is sought:
North Poudre Reservoir No. 17, original and first enlargement (a/k/a Portner Reservoir).
3. Information from previous decree:
A. This Reservoir was originally decreed by the District Court for Larimer County in Case No. 2031, entered April 22, 1922.
B. The original decreed location of Portner Reservoir was in the Northeast 1/4 and the North 1/2 Southeast 1/4 of Section 12, T 6 N, R 69 W, and in the Southwest 1/4 Northwest 1/4 of Section 7, T 6 N, R 68 W, 6th P.M.; and its intake ditch was located on the south bank of Fossil Creek at a point whence the Southwest corner of said Section 1, T 6 N, R 69 W, bears S55°W 1401.5 feet.
C. Source: Fossil Creek, a tributary of the Cache la Poudre River.
D. The appropriation date for the original fill is June 18, 1906, in the amount of 610 acre feet, and the appropriation date for the first enlargement is January 14, 1908, in the amount of 322 acre feet.
E. Historic use: Portner Reservoir was historically used to provide water by exchange. Fort Collins has not been able to determine the exact location of historic use, although the rights were owned by the City of Greeley for a number of years. Portner Reservoir was historically used to divert, store, and release water for use by exchange. A summary of the diversion records maintained by the State Engineer for the years 1975- 2000 is attached and incorporated as Exhibit A.
4. Proposed change: Fort Collins acquired the Portner Reservoir water rights, reservoir site, and certain land surrounding the reservoir in 1982, for redevelopment as the Fossil Creek Community Park (“Park”). A conceptual drawing of the Park is attached and incorporated as Exhibit B. As part of the Park plan, the original reservoir site was redeveloped and the dam from the original Portner Reservoir has been breached and will be removed. In its place, three smaller lakes were developed in 1996 that collectively store approximately 105 acre feet of water. If needed, the City may deepen these lakes in the future to increase storage capacity. As part of the operation of the Park, the City intends to use the Portner Reservoir water rights as a source of water for irrigating Park lands. In this application, the City seeks the changes needed to allow the Portner Reservoir water rights to be used for irrigation of the Park. The original decree authorized a single fill for
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the first priority in the amount of 610 acre feet per year and a single fill for the enlargement priority in the amount of 322 acre feet per year. Fort Collins seeks to convert these single fill water rights to fill and refill water rights for storage in the three reconstructed lakes located at the Park. The total amount of the first fill for all three lakes will be 105.33 acre feet, with the right requested to refill all three of these lakes multiple times, up to a total not to exceed 932 acre feet. Future filling and refilling will be done in accordance with each of the two original priorities decreed to Portner Reservoir. Fort Collins also requests that the three lakes constructed at the Park be used as alternate points of storage so that any of the water decreed to Portner Reservoir can be stored in any of the three lakes. These lakes include Fossil Creek Community Park Lake No. 1, Fossil Creek Community Park Lake No. 2, and Fossil Creek Community Park Lake No. 3. The location of the three lakes is shown as “Pond 1, Pond 2, and Pond 3,” on Exhibit B. Water will be pumped from these Lakes for Park irrigation.
5. Name and address of owners of land on which structures are located: The Lakes, the Park, and all land to be irrigated are located on land owned by Fort Collins.
2001CW 262 - ST. VRAIN & LEFT HAND WATER CONSERVANCY DISTRICT, c/o Leslie J. Williams, Executive Director, 9595 Nelson Road, Box C, Suite 203, Longmont, CO 80501. COUNTY OF BOULDER, a body corporate and politic, c/o Emy Brawley, Parks & Open Space Department, 2045 13th Street, P.O. Box 471, Boulder, CO 80306. (Wendy S. Rudnik, Jeffrey J. Kahn, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR WATER STORAGE RIGHTS IN BOULDER COUNTY. 2. Reservoir: Rock’n WP Ranch Lake No. 4 (“Lake No. 4”). 3. Legal Description: A. Location of reservoir: The center point of the lake, which has a surface area of approximately 40 acres, is located 2,040 feet south of the north section line and 2,040 feet east of the west section line, Section 27, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado. B. Location of point of diversion: Lake No. 4 is filled via the South Branch of St. Vrain Creek. The actual point of diversion for the South Branch is at a point in the NE¼, SE¼ of Section 21, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado, approximately 1190 feet west of the east section line and 1850 feet north of the south section line. 4. Source: St. Vrain Creek. 5.A. Date of appropriation: December 11, 2000. B. How appropriation was initiated: Approving Resolution No. 2000-2 evidencing the intent of the Board of Directors to make a conditional appropriation of water from the St. Vrain River for storage and beneficial use. 6. Amount claimed: A. Acre feet: 600 acre feet, CONDITIONAL, with the right to refill. B. Rate of Diversion: 100 cfs, CONDITIONAL. 7. Uses: Domestic; commercial; industrial; irrigation of lands within the District or the County; recreation, fish and wildlife propagation; maintenance of minimum stream flows for fish, recreation, wildlife, and other purposes; augmentation for the above-referenced uses; replacement for the above-referenced uses; exchange for the above-referenced uses; and reuse, successive use and use to extinction for the above- referenced uses. 8. Surface area of high water line: 40 acres. 9. Total capacity of reservoir in acre feet: 600 acre feet (576 acre feet active storage and 24 acre feet dead storage). 10. Names and addresses of owners of land on which structures of the water right are located: Applicants. 11. Other remarks: The point where water is removed from the South Branch to fill Lake No. 4 is located in the SW¼, NW¼, Section 27, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado.
01CW263 Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (Central), 3209 West 28th Street, Greeley, Colorado 80631, (970) 330- 4540 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado, 80631). Application for Change of Water Rights in Adams and Weld Counties. 2. Decreed Name of Structures: Weldon Valley Ditch Company (4 shares). 3. Previous Decrees: The Weldon Valley Ditch was decreed in Case m 433 in the Weld County District Court, Weld County, State of Colorado, on November 21, 1895 with appropriation date of October 26, 1881for 165 c.f.s. from the South Platte River. The decreed use is for irrigation. The decreed headgate location is on the north bank of the South Platte River in the SW¼ NW¼ SE¼ of Section 13,Township 4 South, Range 61 West of the 6th P.M., Weld County, Colorado. A decree was entered in Case m 91-CW-073 on March 22, 1994 determining the historic use and historic consumptive use of 9 shares owned by Terry S. and Carol J. Covelli. 4. Historic Use: Central owns 4 shares of the Weldon Valley Ditch Company, hereinafter the “shares,” which were changed in Case m 91-CW-073. The 4 shares were historically used to irrigate 140 acres in the December Resume -39-
SW¼ of Section 5, Township 4 North, Range 58 West of the 6th P.M., Weld County, Colorado. The crops grown were alfalfa, sugar beets and corn. The historic consumptive use for the shares was determined by the Decree to be 223.08 acre feet. Groundwater returns were lagged back the river using the SDF methodology. Surface and ground water returns in acre feet will be made as follows: Jan Feb. Mar. April May June July Aug. Sept. Oct. Nov. Dec. TOTAL Surface 0 0 0 0.43 1.75 4.59 7.71 7.51 3.90 1.07 0.20 0.05 27.20 GWR 3.01 2.28 2.13 1.86 2.20 3.21 5.82 8.43 8.91 7.69 5.50 4.19 55.23 Total 3.01 2.28 2.13 2.29 3.96 7.80 13.53 15.93 12.81 8.76 5.70 4.24 82.44 Historic returns will be maintained for all calls senior to the date of the filing of this application. 5. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement and exchange, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. 6. Name and Address of Owners of Structures: The Weldon Valley Ditch is owned by the Weldon Valley Ditch Company, c/o Gerald Baugh, 4508 WCR Z-510, Weldona, Colorado 80653.
01CW264 - Central Colorado Water Conservancy District and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (Central) 3209 West 28th Street, Greeley, Colorado 80631, (970) 330-4540 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado, 80631). Application for change of water rights in Adams and Weld County. 2. Decreed Name of Structures: Fulton Irrigation Ditch Company (150 shares). 3. Previous Decrees: The Fulton Irrigation Ditch was decreed in Case m 6009 in the Arapahoe County District Court, Arapahoe County, State of Colorado, on April 28, 1883 with appropriation dates of May 1, 1865 for 79.7 c.f.s.; July 8, 1876 for 74.25 c.f.s; November 5, 1879 for 50.23 c.f.s.; November 1, 1882 for 244.62 c.f.s. (abandoned in Case m A-16069, Denver District Court, 1938); from the South Platte River. The decreed use is for irrigation. The decreed headgate location is near Section 9, between Sections 16 and 17 in Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The actual headgate location is in the NE¼ NE¼ SE¼ of Section 17, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. 4. Historic Use: Central owns 150 shares of the Fulton Irrigation Ditch Company, hereinafter the “shares.” The shares were historically used to irrigate 119.66 acres on three parcels shown on Figure 1 attached hereto. A. The Moser Parcel: 50 shares were used to irrigate 40.66 acres in part of SW¼ of Section 32, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. The crops grown were ½ alfalfa and ½ corn. B. The Thomas/Erger Parcel: 90 shares were used to irrigate 65 acres in part of NW¼ of Section 6, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. The crops grown were a alfalfa, a barley and a corn. C. The Baysinger Parcel: 10 shares were used to irrigate 14 acres in part of NE¼ of Section 5, lying west of the Fulton Ditch, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. The crops grown were a alfalfa, a barley and a corn. D. The historic consumptive use on the three parcels was estimated with the modified Blaney-Criddle method over a forty-year study period, 1950 -1990. Based on 65% field irrigation efficiency and 15% ditch loss the following historic depletion for the shares, in acre-feet, was determined: Jan Feb. Mar. April May June July Aug. Sept. Oct. Nov. Dec. TOTAL -25.18 -20.60 -18.89 4.63 45.85 74.36 92.80 74.67 27.51 -9.25 -32.34 -29.20 184.83 Groundwater returns were lagged back the river using the SDF methodology based on the location of each parcel. Historic returns will be maintained for all calls senior to the date of the filing of this application. 5. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement and exchange, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant has an Easement and Agreement by which it can and does divert it’s
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shares to the South Platte River for the above uses. 6. Name and Address of Owners of Structures: The Fulton Irrigation Ditch is owned by the Fulton Irrigation Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601.
01CW265 - Landings Development LLC, 6034 Watson Drive, Fort Collins, Colorado 80528 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado, 80631). Application for Water Rights in Weld County. 2. Name of Structure: McMurphy Inlet Ditch-Landings Appropriation. A. Legal Description of Point of Diversion: In the Northeast Quarter of the Southeast Quarter, Section 25, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 5 feet West and 1322 feet South of the NE corner of Section 25. See figure 1. (The McMurphy Inlet Ditch was previously decreed in Case ms 8437-76 and 99- CW-184 which appropriation is acknowledged to be senior in priority.) B. Source: Natural run-off, seepage and waste water. C. Date of Appropriation: September 10, 2001. D. How Appropriation Was Initiated: Intent to appropriate and construction of lines and pond. E. Amount Claimed: 1.3 c.f.s., conditional. F. Use: Storage for and irrigation of lawns, gardens, parks and open space in the Willowbrook Subdivision being 235 acres in the E½ Section 25, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. The right will be integrated into the Landings Collection System. 3. Name of Structure: House Seepage Ditch-Landings Appropriation. A. Legal Description of Point of Diversion: In the Northwest Quarter of the Northwest Quarter, Section 30, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1281 feet South and 18 feet East of the NW corner of Section 30. (The House Seepage Ditch was previously decreed in Case ms 8437-76 and 83-CW-182 which appropriations are acknowledged to be senior in priority.) B. Source: Natural run-off, seepage and waste water. C. Date of Appropriation: September 10, 2001. D. How Appropriation Was Initiated: Intent to appropriate and construction of lines and pond. E. Amount Claimed: 3.0 c.f.s., conditional. F. Use: Storage for and irrigation of lawns, gardens, parks and open space in the Willowbrook Subdivision being 235 acres in the E½ Section 25, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. The right will be integrated into the Landings Collection System. 4. Name of Structure: Landings Collection System. A. Legal Description of Points of Diversion: A system of underdrains located in the E½ of Section 25, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, under the Willowbrook Subdivision and a storage pond located in the SE¼ of said Section 25. See figure 1. B. Source: Groundwater. C. Date of Appropriation: September 10, 2001. D. How Appropriation Was Initiated: Intent to appropriate and construction of lines and pond. E. Amount Claimed: 3.0 c.f.s., and 65 acre feet, with the right to multiple refills, conditional. F. Capacity of Pond: 65 a.f. ; Active Capacity: 65 a.f.; Dead Storage: 0 a.f. G. Surface Area: 5 acres. Height of Dam: 0 feet. Length of Dam: 0 feet. H.Use: Storage for and irrigation of lawns, gardens, parks and open space in the Willowbrook Subdivision being 235 acres in the E½ Section 25, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6. Names and Addresses of Owners of Land on Which Structures are Located: Applicant.
2001CW 266. WILLIAMS FAMILY FARM, LLC, c/o Leslie J. Williams, Jr., 8876 Rogers Road, Longmont, CO 80503. (Wendy S. Rudnik, Jeffrey J. Kahn, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR WATER STORAGE RIGHT IN WELD COUNTY 2. Reservoir: Nelson Lake No. 1. 3. Legal Description: A. Location of reservoir: Located in the SE ¼ of the NE ¼ of Section 30, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. B. Location of point of diversion: Nelson Lake No. 1 will be filled through the Godding, Plumb and Dailey Ditch. The headgate of the Godding, Plumb and Dailey Ditch diverts from Boulder Creek in the NW ¼ of the SE ¼ of Section 31, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 4. Source: Boulder Creek. 5.A. Date of appropriation: February 14, 1974. B. How appropriation was initiated: Commencement of gravel mining. 6. Amount claimed: A. Acre feet: 248 acre feet, CONDITIONAL. B. Rate of Diversion: 10 cfs, CONDITIONAL. 7. Uses: Irrigation of approximately 325 acres described in Exhibit A, recreation, wildlife and fish propagation, fire protection, augmentation for the above-referenced uses and exchange for the above-referenced uses. 8. Surface area of high water line: 25 acres. 9. Total capacity of reservoir in acre feet: 248 acre feet (245 acre feet active storage and 3 acre feet dead storage). 10. Names and addresses of owners of land on which structures of
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the water right are located: Applicant; William Smith, 2900 Highway 52, Longmont, Colorado, 80504; Katherine M. Calvert and W.K. Calvert, 1308 S. Pratt Parkway, Longmont, Colorado 80501.
2001CW267 - Magness Platteville, L.L.C.,P.O. Box 190, Platteville, Colorado 80651. Application for Not-Nontributary Ground Water Rights in WELD COUNTY. (Robert E. Schween, P.C., P.O. Box 262104, Littleton, CO 80163-2104, (303)471-5150. 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. Applicant requests the right to construct such wells anywhere on their overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from the Laramie-Fox Hills aquifer underlying the land described in paragraph 10 below will be located on Applicant’s property, consisting of 412 acres, more or less, in all or parts of the SE ¼, SW ¼; the S ½, SE ¼; the S ½, NW ¼; the N ½, SW ¼; the SW ¼, SW ¼; the SW ¼, NE ¼; the NW ¼, SE ¼; the N ½, NE ¼; the NE ¼, NW ¼; and the NW ¼, NW ¼ of Section 24, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado. See Exhibit A, General Location Map, and Exhibit B, Property Legal Description, attached hereto. B. The estimated depth to the base of the aquifer at the location of Applicant’s property is approximately 300 feet below ground surface. Actual well completion depths may vary at the location of the well site. 5. Source of Water Rights: Not-Nontributary Ground Water. The ground water contained in the Laramie-Fox Hills aquifer at this location is not-nontributary ground water as defined at § 37-90-103(10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning not-nontributary ground water. Applicant is the owner of the overlying land as described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the named aquifer underlying the 412 acres of land, more or less, described herein, based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifer can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amount and Rate of Withdrawal: A.. Estimated Average Annual Amount Available: (1) The estimated average annual amount of withdrawal available from the named aquifer, as indicated below, is based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6: Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount Laramie-Fox Hills 412.1 145 Feet 15 % 89.6 AF (2) The final average annual amount available from the Laramie-Fox Hills aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifer underlying Applicant’s described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the named aquifer is expected to vary from 100 to about 250 gpm. The actual pumping rate for each well may vary according to aquifer production capability at a particular location or well system design. Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from the aquifer. 9. Well Fields: Subject to the requirement to obtain an adequate Court-approved augmentation plan for withdrawals of not-nontributary ground water, Applicants have the right to
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withdraw all of the legally available ground water in the Laramie-Fox Hills aquifer underlying the land described in Paragraph 11 below, through any well(s) initially permitted for such aquifer and any additional well(s) which may become part of the Applicant’s well field. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the Laramie-Fox Hills aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: A. Applicant requests the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such ground water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: Applicant’s property overlying the ground water claimed herein consists of 412 acres of land, more or less, located in Weld County, and generally described as follows: Parcel 1: All that part of the SE ¼ of the SW ¼ and all that part of the S ½ of the SE ¼ of Section 24, Township 3 North, Range 67 West of the 6th P.M., in Weld County, lying North and West of Colorado State Highway No. 66 as now constructed. Parcel 2: The S ½ of the NW ¼, the N ½ of the SW ¼, the SW ¼ of the SW ¼, the SW ¼ of the NE ¼, and the NW ¼ of the SE ¼ of Section 24, Range 67 West of the 6th P.M., in Weld County. Parcel 3: That portion of the N ½ of the NE ¼ and the NE ¼ of the NW ¼ of Section 24, Township 3 North, Range 67 West of the 6th P.M., in Weld County, lying South of the South Platte River. Parcel 4: The NW ¼ of the NW ¼ of Section 24, Township 3 North, Range 67 West of the 6th P.M., in Weld County, lying South of the South Platte River.
See General Location Map, Exhibit A, and Property Legal Description, Exhibit B, hereto. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 14. Name of Owner of the Land on Which Structures are Located: The owner of the overlying land area described herein is the Applicant herein, Magness Platteville, L.L.C. 14. Additional Remarks: A. Applicant requests the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifer named herein to which Applicant is entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for such not-nontributary ground water herein at a later date under a separate caption and case number. (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant hereby certifies that there are no liens or mortgages on, nor deeds of trust to the subject property and that no person or interest has a financial interest in the property subject to this application other than Applicant. WHEREFORE, Applicant Magness Platteville, L.L.C., requests a ruling and decree: 1. Granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree; and 2. Finding and determining that – (a) Applicant has complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifer through wells to be located on the Applicant’s property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan
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is approved therefor; (b) Jurisdiction is to be retained with respect to the average annual amount of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicant or its successors may construct wells into the Laramie-Fox Hills aquifer anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; except that a judicially approved augmentation plan must be obtained before withdrawals may be made of not- nontributary ground water; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; and (e) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (f) The nature and extent of the water rights claimed herein are defined by § 37-90- 137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and described in Exhibit B hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises.
2001CW 268 - Kplatteville, L.L.C., a Colorado Limited Liability Company, P.O. Box 190, Platteville, Colorado 80651. An application for Not-Nontributary Ground Water Rights in Weld County. (Robert E. Schween, P.C., P.O. Box 262104, Littleton, CO 80163-2104, (303)471-5150. 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. Applicant requests the right to construct such wells anywhere on their overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from the Laramie-Fox Hills aquifer underlying the land described in paragraph 10 below will be located on Applicant’s property, consisting of 80 acres, more or less, in the NW ¼ of the NE ¼, and the NE ¼ of the NW ¼, Section 36, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado. See Exhibit A, General Location Map, and Exhibit B, Property Legal Description, attached hereto. B. The estimated depth to the base of the aquifer at the location of Applicant’s property is approximately 320 feet below ground surface. Actual well completion depths may vary at the location of the well site. 6. Source of Water Rights: Not-Nontributary Ground Water. The ground water contained in the Laramie-Fox Hills aquifer at this location is not-nontributary ground water as defined at § 37-90-103(10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning not-nontributary ground water. Applicant is the owner of the overlying land as described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the named aquifer underlying the 80 acres of land, more or less, described herein, based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifer can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amount and Rate of Withdrawal: A. Estimated Average Annual Amount Available: (1) The estimated average annual amount of withdrawal available from the named aquifer, as indicated below, is based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Sat. Sand Specific Average Annual
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Aquifer Acres Thickness Yield Amount Laramie-Fox Hills 80 145 Feet 15 % 17.4 AF (2) The final average annual amount available from the Laramie-Fox Hills aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifer underlying Applicant’s described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the named aquifer is expected to vary from 100 to about 250 gpm. The actual pumping rate for each well may vary according to aquifer production capability at a particular location or well system design. Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from the aquifer. 9.Well Fields: Subject to the requirement to obtain an adequate Court-approved augmentation plan for withdrawals of not-nontributary ground water, Applicants have the right to withdraw all of the legally available ground water in the Laramie-Fox Hills aquifer underlying the land described in Paragraph 11 below, through any well(s) initially permitted for such aquifer and any additional well(s) which may become part of the Applicant’s well field. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the Laramie-Fox Hills aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: A. Applicant requests the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such ground water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: Applicant’s property overlying the ground water claimed herein consists of 80 acres of land, more or less, located in Weld County, and generally described as follows: The NW ¼ of the NE ¼, and the NE ¼ of the NW ¼, Section 36, Township 3 North, Range 67 West of the 6th P.M., in Weld County. See General Location Map, Exhibit A, and Property Legal Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 15. Name of Owner of the Land on Which Structures are Located: The owner of the overlying land area described herein is the Applicant herein, Kplatteville, L.L.C. 14. Additional Remarks: A. Applicant requests the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifer named herein to which Applicant is entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for such not-nontributary ground water herein at a later date under a separate caption and case number. (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant hereby certifies that there are no liens or mortgages on, nor deeds of trust to the subject property and that no person or interest has a financial interest in the property subject to this application other than Applicant. WHEREFORE, Applicant Kplatteville, L.L.C., requests a ruling and decree: 1. Granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree; and 2. Finding and determining that –
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(a) Applicant has complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifer through wells to be located on the Applicant’s property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor; (b) Jurisdiction is to be retained with respect to the average annual amount of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicant or its successors may construct wells into the Laramie-Fox Hills aquifer anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; except that a judicially approved augmentation plan must be obtained before withdrawals may be made of not- nontributary ground water; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; and (e) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (f) The nature and extent of the water rights claimed herein are defined by § 37-90- 137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and described in Exhibit B hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises.
2001CW 269 Kplatteville, L.L.C., a Colorado Limited Liability Company, P.O. Box 190. Platteville, Colorado 80651. An application for Not-Nontributary Ground Water Rights in Weld County. (Robert E. Schween, P.C., P.O. Box 262104, Littleton, CO 80163-2104, (303)471-5150. 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. Applicant requests the right to construct such wells anywhere on their overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from the Laramie-Fox Hills aquifer underlying the land described in paragraph 10 below will be located on Applicant’s property, consisting of 240 acres, more or less, in the SW ¼ and the N ½ of the SE ¼ of Section 23, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado. See Exhibit A, General Location Map, and Exhibit B, Property Legal Description, attached hereto. B. The estimated depth to the base of the aquifer at the location of Applicant’s property is approximately 300 feet below ground surface. Actual well completion depths may vary at the location of the well site. 7. Source of Water Rights: Not-Nontributary Ground Water. The ground water contained in the Laramie-Fox Hills aquifer at this location is not-nontributary ground water as defined at § 37-90-103(10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning not-nontributary ground water. Applicant is the owner of the overlying land as described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the named aquifer underlying the 240 acres of land, more or less, described herein, based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifer can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amount and Rate of Withdrawal: A. Estimated Average Annual Amount Available: (1) The estimated average annual amount of withdrawal available from the named
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aquifer, as indicated below, is based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount Laramie-Fox Hills 240 145 Feet 15 % 52.2 AF (2) The final average annual amount available from the Laramie-Fox Hills aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifer underlying Applicant’s described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the named aquifer is expected to vary from 100 to about 250 gpm. The actual pumping rate for each well may vary according to aquifer production capability at a particular location or well system design. Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from the aquifer. 9. Well Fields: Subject to the requirement to obtain an adequate Court-approved augmentation plan for withdrawals of not-nontributary ground water, Applicants have the right to withdraw all of the legally available ground water in the Laramie-Fox Hills aquifer underlying the land described in Paragraph 11 below, through any well(s) initially permitted for such aquifer and any additional well(s) which may become part of the Applicant’s well field. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the Laramie-Fox Hills aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S.
10. Proposed Uses: A. Applicant requests the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such ground water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: Applicant’s property overlying the ground water claimed herein consists of 240 acres of land, more or less, located in Weld County, and generally described as follows: The SW ¼ and the N ½ of the SE ¼ of Section 23, Township 3 North, Range 67 West of the 6th P.M., in Weld County. See General Location Map, Exhibit A, and Property Legal Description, Exhibit B hereto. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 16. Name of Owner of the Land on Which Structures are Located: The owner of the overlying land area described herein is the Applicant herein, Kplatteville, L.L.C.
14. Additional Remarks: A. Applicant requests the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifer named herein to which Applicant is entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for such not-nontributary ground water herein at a later date under a separate caption and case number. (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant hereby certifies that there are no liens or mortgages on, nor deeds of trust to the subject property and that no person or interest has a financial interest in the property subject to this application other than Applicant.
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WHEREFORE, Applicant Kplatteville, L.L.C., requests a ruling and decree: 1. Granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree; and 2. Finding and determining that – (a) Applicant has complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifer through wells to be located on the Applicant’s property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor; (b) Jurisdiction is to be retained with respect to the average annual amount of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicant or its successors may construct wells into the Laramie-Fox Hills aquifer anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; except that a judicially approved augmentation plan must be obtained before withdrawals may be made of not- nontributary ground water; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; and (e) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (f) The nature and extent of the water rights claimed herein are defined by § 37-90- 137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and described in Exhibit B hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises.
2001CW270 - Name, Address, and Telephone Number of Applicant: Kplatteville, L.L.C., a Colorado Limited Liability Company, P.O. Box 190, Platteville, Colorado 80651. An application for Not-Nontributary Ground Water Rights in Weld County. (Robert E. Schween, P.C., P.O. Box 262104, Littleton, CO 80163-2104, (303)471-5150 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. Applicant requests the right to construct such wells anywhere on their overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from the Laramie-Fox Hills aquifer underlying the land described in paragraph 10 below will be located on Applicant’s property, consisting of 191.3 acres, more or less, in the NW ¼ of Section 13, and the E ½ of the NE ¼ of Section 14, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado. See Exhibit A, General Location Map, and Exhibit B, Property Legal Description, attached hereto. B. The estimated depth to the base of the aquifer at the location of Applicant’s property is approximately 300 feet below ground surface. Actual well completion depths may vary at the location of the well site. 8. Source of Water Rights: Not-Nontributary Ground Water. The ground water contained in the Laramie-Fox Hills aquifer at this location is not-nontributary ground water as defined at § 37-90-103(10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning not-nontributary ground water. Applicant is the owner of the overlying land as described herein.
6. Date of Initiation of Appropriation: Not Applicable.
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7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the named aquifer underlying the 191 acres of land, more or less, described herein, based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifer can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amount and Rate of Withdrawal: A. Estimated Average Annual Amount Available: (1) The estimated average annual amount of withdrawal available from the named aquifer, as indicated below, is based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount
Laramie-Fox Hills 191.3 145 Feet 15 % 41.6 AF (2) The final average annual amount available from the Laramie-Fox Hills aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifer underlying Applicant’s described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the named aquifer is expected to vary from 100 to about 250 gpm. The actual pumping rate for each well may vary according to aquifer production capability at a particular location or well system design. Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from the aquifer. 9. Well Fields: Subject to the requirement to obtain an adequate Court-approved augmentation plan for withdrawals of not-nontributary ground water, Applicants have the right to withdraw all of the legally available ground water in the Laramie-Fox Hills aquifer underlying the land described in Paragraph 11 below, through any well(s) initially permitted for such aquifer and any additional well(s) which may become part of the Applicant’s well field. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the Laramie-Fox Hills aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: A. Applicant requests the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such ground water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: Applicant’s property overlying the ground water claimed herein consists of 191 acres of land, more or less, located in Weld County, and generally described as follows: The NW ¼ of Section 13, and the E ½ of the NE ¼ of Section 14, Township 3 North, Range 67 West of the 6th P.M., in Weld County. See General Location Map, Exhibit A hereto, and Property Legal Description, Exhibit B hereto. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 17. Name of Owner of the Land on Which Structures are Located: The owner of the overlying land area described herein is the Applicant herein, Kplatteville, L.L.C.
14. Additional Remarks: A. Applicant requests the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifer named herein to which Applicant is entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for such not-nontributary ground water herein at a later date under a separate caption and case number.
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(3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant hereby certifies that there are no liens or mortgages on, nor deeds of trust to the subject property and that no person or interest has a financial interest in the property subject to this application other than Applicant. WHEREFORE, Applicant Kplatteville, L.L.C., requests a ruling and decree: 1. Granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree; and 2. Finding and determining that – (a) Applicant has complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifer through wells to be located on the Applicant’s property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor; (b) Jurisdiction is to be retained with respect to the average annual amount of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicant or its successors may construct wells into the Laramie-Fox Hills aquifer anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; except that a judicially approved augmentation plan must be obtained before withdrawals may be made of not- nontributary ground water; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; and (e) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (f) The nature and extent of the water rights claimed herein are defined by § 37-90- 137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and described in Exhibit B hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises.
2001CW271CONCERNING THE APPLICATION FOR WATER RIGHTS OF RED ROCKS COUNTRY CLUB, IN JEFFERSON COUNTY. APPLICATION FOR SURFACE WATER RIGHTS. (c/o Timothy J. Beaton, #10403, Richard J. Mehren, #32231 Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782 1. Name, address and telephone number of applicant: Red Rocks Country Club, c/o Sue Sterner, Manager, 16235 West Belleview Avenue, Morrison, Colorado 80465, (303) 697- 4438. 2. Application for surface water rights: A. Name of structure: Red Rocks Country Club Diversion Point #1. B. Legal description of point of diversion: Red Rocks Country Club Diversion Point #1 is located in the SW1/4NE1/4 of Section 13, T5S, R70W of the 6th P.M., at a point approximately 2356 feet from the North section line and 2253 feet from the East section line of said Section 13. C. Source: Water tributary to an unnamed tributary of Weaver Gulch, tributary to Weaver Gulch, tributary to Bear Creek, tributary to the South Platte River. D. Appropriation: i. Date of initiation of appropriation: January 31, 2001. ii. How appropriation was initiated: By posting signs at the location of the point of diversion indicating applicant’s intent to appropriate said water and by diversion, storage and application of said water to beneficial use. iii. Date water applied to beneficial use: January 31, 2001. E. Amount claimed: 100 gpm, ABSOLUTE. F. Use or proposed use: Irrigation, recreation, storage and augmentation. This water has been used as a source of irrigation water supply for the Red Rocks Country Club’s golf course and has been stored by applicant and used for recreation and augmentation purposes. 3. Name and address of owner of land on which point of diversion and place of use are located: A. Willowbrook Water and Sanitation District, 9850 B West Girton Drive, Lakewood, Colorado 80227, B. Place of use: Applicant. Applicant respectfully requests this Court enter its Finding, Ruling and Decree on this application by Red Rocks Country for absolute water rights.
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2001CW272 - CITY OF LONGMONT, c/o Ken Huson, Water Resources Engineer, Utilities Service Center, 1100 South Sherman Street, Longmont, Colorado 80501, (303) 572-0719, [c/o Raymond L. Petros, Jr., Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518, (303) 825-1980]. Application for Change of Water Right (High Mountain Reservoirs) in St. Vrain Creek and its Tributaries, in Boulder County. 2. DECREED NAME OF STRUCTURES: The following are collectively referred to as the “High Mountain Reservoir rights” (a.k.a. Wild Basin Reservoirs): A. Arbuckle Reservoir No. 2 (a.k.a. Bluebird Reservoir). B. Arbuckle Reservoir No. 4 (a.k.a. Pear Reservoir). C. Supply Reservoir No. 1 (a.k.a. Sandbeach Reservoir). 3. FROM PREVIOUS DECREES: A. Arbuckle Reservoir No. 2 (Bluebird). i. Adjudication Dates: a) June 1, 1926, Boulder County District Court. b) February 2, 1931 (1st enlgt.), Case No. 6673, Boulder County District Court. ii. Decreed Point of Diversion: An instream reservoir located in the South 1/2 of Section 27, Township 3 North, Range 74 West, 6th P.M. The attached Exhibit A, shows the approximate location of Arbuckle Reservoir No. 2 on a copy from the BLM’s Surface Management Status map, Estes Park (1996). iii. Source: Middle Branch of the North Fork of St. Vrain Creek (sometimes known as Ouzel Creek), which is tributary to said St. Vrain Creek. iv. Appropriation Dates and Amounts: a) August 8, 1902, for 137.4 acre-feet for irrigation purposes. b) June 26, 1914 (1st enlgt.), for 852.46 acre-feet for irrigation purposes. v. Historic Use: Water stored in Arbuckle Reservoir No. 2 has been historically used for irrigation of lands under the Supply Ditch, the Highland Ditch, and elsewhere within the St. Vrain basin, and, also as replacement water to irrigation rights in exchange for municipal use by the City of Longmont. Summaries of the amounts of water released from Arbuckle Reservoir No. 2 for the period of 1910-1985 are attached to this application as Exhibit B, and a map identifying the Supply and Highland Ditches is attached as Exhibit C. B. Arbuckle Reservoir No. 4 (Pear). i. Adjudication Date: June 1, 1926, Boulder County District Court. ii. Decreed Point of Diversion: An instream reservoir located in the Northeast 1/4 of the Northwest 1/4, the Northwest 1/4 of the Northwest 1/4, the Southwest 1/4 of the Northwest 1/4, and the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 2 North, Range 74 West, 6th P.M. The attached Exhibit A, shows the approximate location of Arbuckle Reservoir No. 4 on a copy from the BLM’s Surface Management Status map, Estes Park (1996). iii. Source: North Fork of the South Fork of the North Fork of St. Vrain Creek, which is tributary to said St. Vrain Creek. iv. Appropriation Date and Amount: September 13, 1902, for 420.3 acre-feet for irrigation purposes. v. Historic Use: Water stored in Arbuckle Reservoir No. 4 has been historically used for irrigation of lands under the Supply Ditch system, under the Highland Ditch system, and elsewhere within the St. Vrain basin, and, also as replacement water to irrigation rights in exchange for municipal use by the City of Longmont. Summaries of the amounts of water released from Arbuckle Reservoir No. 4 for the period of 1910-1985 are attached to this application as Exhibit B, and a map identifying the Supply and Highland Ditches is attached as Exhibit C. C. Supply Reservoir No. 1 (Sandbeach). i. Adjudication Date: June 1, 1926, Boulder County District Court. ii. Decreed Point of Diversion: An instream reservoir located in the Southeast 1/4 of the Northeast 1/4, and the East 1/2 of the Southeast 1/4 of Section 18, Township 3 North, Range 73 West, 6th P.M. The attached Exhibit A, shows the approximate location of Supply Reservoir No. 1 on a copy from the BLM’s Surface Management Status map, Estes Park (1996). iii. Source: Big Cascade Creek, which is tributary to St. Vrain Creek. iv. Appropriation Date and Amount: September 19, 1902, for 296.3 acre-feet for irrigation purposes. v. Historic Use: Water stored in Supply Reservoir No. 1 has been historically used for irrigation of lands under the Supply Ditch system, under the Highland Ditch system, and elsewhere within the St. Vrain basin, and, also as replacement water to irrigation rights in exchange for municipal use by the City of Longmont. Summaries of the amounts of water released from Supply Reservoir No. 1 for the period of 1910- 1985 are attached to this application as Exhibit B, and a map identifying the Supply and Highland Ditches is attached as Exhibit C. 4. PROPOSED CHANGE: As the High Mountain Reservoirs are located within the boundaries of Rocky Mountain National Park, the National Park Service has acquired the reservoir sites in order to return them to their natural state within the Park. Longmont reserved the water rights under the acquisition agreement, and accordingly seeks the following: A. Change of Type and Place of Use: Longmont proposes to change its High Mountain Reservoir rights to allow for municipal use, both within and without Longmont’s city
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limits. “Municipal use” includes all municipal uses, such as, but not by way of limitation, domestic, commercial, manufacturing, industrial, agricultural, watering of parks and lawns and gardens, fire protection, generation of electric power and power generally, recreation, fish and wildlife propagation, sewage treatment, street sprinkling, maintenance of adequate storage reserves, replacement, augmentation and exchange. B. Change in Point of Diversion and Storage: Longmont also proposes to change the place of diversion and storage of its High Mountain Reservoir rights to the following: i. Buttonrock Reservoir (a.k.a. Ralph Price Reservoir), and any enlargement thereof, located instream on the North St. Vrain Creek in Sections 17, 18, 19 and 20, Township 3 North, Range 71 West of the 6th P.M., and Sections 13 and 24, Township 3 North, Range 72 West of the 6th P.M. ii. Pleasant Valley Reservoir (a.k.a. Terry Lake), located in portions of Sections 9, 15 and 16, T. 3 N., R. 69 W. of the 6th P.M., Boulder County, Colorado. Pleasant Valley Reservoir receives water from St. Vrain Creek through the Rough & Ready Ditch, the headgate of which is located on the north side of St. Vrain Creek in the Southwest 1/4 Northeast 1/4 of Section 20, Township 3 North, Range 70 West of the 6th P.M. C. Plan of Operation: Longmont seeks to move the place of diversion and storage for the High Mountain Reservoirs downstream to Buttonrock and/or Pleasant Valley Reservoirs, and to change the use of water diverted and stored pursuant to the High Mountain Reservoir water rights from irrigation to municipal use within the Longmont’s municipal treated and raw water system. In order to maintain the historic return flow patterns of water used pursuant to the High Mountain Reservoir water rights, Longmont proposes not to make successive uses of High Mountain Reservoir water released from the new points of diversion and storage. 5. NAME AND ADDRESS OF OWNERS OF LAND ON WHICH STRUCTURES ARE LOCATED: The High Mountain Reservoirs are located within the boundaries of Rocky Mountain National Park, owned by the United States of America, National Park Service, 1000 Highway 36, Estes Park, Colorado 80517-8397. Longmont owns the Buttonrock Reservoir Site. The Pleasant Valley Reservoir, Fish, and Ditch Company, P.O. Box 1826, Longmont, Colorado 80502, owns the Pleasant Valley Reservoir site. The Rough & Ready Ditch Company, P.O. Box 1826, Longmont, Colorado 80502, owns the Rough & Ready Ditch. (6 pages, 3 exhibit pages)
2001CW273 CONCERNING THE REVISED ABANDONMENT LIST OF) WATER RIGHTS IN WATER DIVISION 1) REVISED ABANDONMENT LIST
Notice is hereby given that pursuant to Section 37-92-401, C.R.S. the Division Engineer for Water Division No. 1, in consultation with the State Engineer, has developed a revised abandonment list which contains those water rights that the Division Engineer has determined to have been abandoned in whole or in part. The revised abandonment list, when concluded by judgement and decree, shall be conclusive as to the water rights determined to have been abandoned.
The revised abandonment list may be inspected after December 31, 2001, in the offices of the State Engineer, the Division Engineer, each Water Commissioner, and the Clerk of the Water Court at any time during regular office hours. The Division Engineer will furnish or mail a copy of the Water Division revised abandonment list to anyone requesting one upon payment of a fee of ten dollars ($10.00).
Any person who wishes to protest the inclusion of any water rights on the revised abandonment list shall file a written protest with the Water Clerk and the Division Engineer in accordance with the procedures set forth in Section 37-92-
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401 (5), C.R.S. Protests must be filed no later than June 30, 2002. The fee for filing such a protest is twenty dollars ($20.00), payable to the Clerk of Combined Courts. Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
ACKERMAN WELL 2 GROUNDWATER 0.780 0.780 0.000 C 12/31/1972 06/30/1932 3 5481 ADAMS AGGREGATE W 23-6 GROUNDWATER 1.670 1.670 0.000 C 12/31/1972 12/31/1951 2 5178 ADAMS AGGREGATE W 24-1 GROUNDWATER 1.280 1.280 0.000 C 12/31/1972 04/01/1950 2 5179 ADAMS CITY G H W 2-7614 GROUNDWATER 0.094 0.094 0.000 C 12/31/1972 07/31/1957 2 5180 ADAMS CITY G H WELL 1 GROUNDWATER 0.590 0.590 0.000 C 12/31/1972 06/22/1956 2 5181 ADAMS DITCH PIPELINE MEADOW SPRINGS CREEK 3.000 3.000 0.000 C 01/15/1914 02/08/1907 1 560 ADLER PL A DRAINAGE 1.710 0.710 1.000 C 02/25/1971 06/01/1936 5 656 ADLER PL B DRAINAGE 1.710 0.710 1.000 C 02/25/1971 06/01/1936 5 657 ADLER TILE DR A DRAINAGE 1.710 0.710 1.000 C 02/25/1971 06/01/1936 5 658 ADLER TILE DR B DRAINAGE 1.710 0.710 1.000 C 02/25/1971 06/01/1936 5 659 AGATE RES EAST BIJOU CREEK 391.290 391.290 0.000 A 06/29/1925 06/01/1907 1 3588 AIGAKI WELL 1-11413 GROUNDWATER 0.860 0.860 0.000 C 12/31/1972 06/01/1943 2 5003 AIGAKI WELL 1-11413 GROUNDWATER 0.390 0.390 0.000 C 12/31/1972 03/31/1970 2 5003 AIGAKI WELL 2-11414 GROUNDWATER 1.440 1.440 0.000 C 12/31/1972 06/01/1955 2 5200 ALFRED PETERSON RES SOUTH BOULDER CREEK 3.000 3.000 0.000 A 03/13/1907 04/16/1904 6 4189 ALIUNDE 1 PL LEAVENWORTH CREEK 10.000 10.000 0.000 C 10/09/1914 12/31/1888 7 508 ALIUNDE 2 PL SOUTH CLEAR CREEK 23.000 23.000 0.000 C 10/09/1914 12/31/1888 7 509 ALPHA DITCH WILD CAT CREEK 8.000 8.000 0.000 C 06/29/1925 06/19/1919 1 604 AMERICAN FERTILIZE 48362 GROUNDWATER 0.033 0.033 0.000 C 12/31/1972 08/10/1970 64 5122 ANDERSON DITCH DRY CREEK 1.950 1.950 0.000 C 10/21/1902 12/31/1883 5 662 ANDERSON WELL 1 GROUNDWATER 0.111 0.111 0.000 C 12/31/1972 03/01/1947 2 5239 ANDREW DITCH GODDING HOLLOW 2.000 2.000 0.000 C 12/31/1980 11/01/1980 5 665 ANTERO FEEDER DITCH MID FORK SO PLATTE 300.000 250.000 50.000 C 05/22/1913 10/08/1907 23 964 ARENDS WELL 20145 GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 03/30/1921 2 5286 ASHMORE WELL 11196 GROUNDWATER 0.777 0.777 0.000 C 12/31/1972 12/21/1924 2 5298 BACON DITCH NORTH SIDE BIG HOLLOW 1.750 1.750 0.000 C 06/02/1882 05/20/1881 5 668 BADGER CREEK DITCH 1 BEAVER CREEK 78.700 78.700 0.000 C 01/15/1914 08/30/1889 1 529 BADGER CREEK DITCH 2 BADGER CREEK 500.000 500.000 0.000 C 01/15/1914 08/30/1889 1 542 December Resume -53-
BAILEY PIPELINE SPRING GULCH 0.100 0.100 0.000 C 02/25/1971 08/14/1922 5 674 BAILEY SEEP DITCH A SEEPAGE 3.500 3.500 0.000 C 02/25/1971 12/31/1934 5 675 BAILEY SEEP DITCH B SEEPAGE 3.500 3.500 0.000 C 02/25/1971 12/31/1934 5 676 BAILY HACK DITCH ANTELOPE CREEK 36.000 36.000 0.000 C 01/15/1914 11/14/1904 1 681 BAKES KENNEDY W 2-4408 GROUNDWATER 0.890 0.890 0.000 C 12/31/1971 04/30/1944 2 5309 BALDWIN DITCH BEAVER CREEK 1.000 1.000 0.000 C 11/14/1939 12/31/1899 4 635 BALLINGER HOLLOW RES SOUTH BOULDER CREEK 150.000 150.000 0.000 A 06/21/1926 12/31/1900 6 4190 BALTAZAR WELL 12660 GROUNDWATER 1.560 1.560 0.000 C 12/31/1972 03/31/1957 1 5589 BARNES DITCH 4 CACHE LA POUDRE RIV 4.700 4.700 0.000 C 04/22/1922 03/01/1888 3 954 BARNES DITCH NO 3 CACHE LA POUDRE RIV 6.500 6.500 0.000 C 04/22/1922 12/21/1882 3 904 BARNHOUSE DITCH ANTELOPE CREEK 47.850 47.850 0.000 C 01/15/1914 06/09/1908 1 553 BARTHOLOMEW WELL 4-6810 GROUNDWATER 1.450 1.450 0.000 C 12/31/1972 07/31/1940 64 5149 BASE LINE R OUTLET DITCH DEER TRAIL CREEK 44.000 44.000 0.000 C 01/15/1914 07/28/1908 1 719 BEATRICE FOODS WELL 3 GROUNDWATER 0.670 0.670 0.000 C 12/31/1972 08/31/1945 2 5334 BEATRICE FOODS WELL 4 GROUNDWATER 0.044 0.044 0.000 C 12/31/1972 12/31/1935 2 5335 BEATRICE FOODS WELL 5 GROUNDWATER 0.666 0.666 0.000 C 12/31/1972 12/31/1935 2 5336 BEAVER CR SCHOOL LAND D BEAVER CREEK 50.000 50.000 0.000 C 12/17/1900 04/25/1898 1 533 BEAVER FARMERS CANAL D BEAVER CREEK 308.000 308.000 0.000 C 12/17/1900 09/09/1889 1 530 BELCHER SPG GULCH D SPRING GULCH 1.000 1.000 0.000 C 07/13/1903 09/01/1873 5 578 BERGEN DITCH TURKEY CREEK 128.000 68.000 60.000 C 09/24/1935 10/24/1885 9 535 BERGEN DITCH WEAVER CR WEAVER CREEK 105.000 65.000 40.000 C 09/24/1935 10/24/1885 9 1003 BERGER WELL 9120-F GROUNDWATER 0.660 0.660 0.000 C 12/31/1971 04/06/1965 2 5358 BERKELEY PORTABLE PUMP SOUTH PLATTE RIVER 1.098 1.098 0.000 C 12/31/1970 01/15/1906 1 9115 BEUCK DITCH EAST BIJOU CREEK 22.000 22.000 0.000 C 11/21/1895 09/15/1889 1 683 BEUCK RES EAST BIJOU CREEK 75.000 75.000 0.000 A 11/21/1895 09/15/1889 1 3584 BIG 5 RES BOXELDER CREEK 385.000 385.000 0.000 A 01/15/1914 09/15/1906 1 3611 BIJOU VALLEY D SYS PL BIJOU CREEK 6.000 6.000 0.000 C 01/15/1914 05/15/1906 1 550 BLIVENS DITCH LYKINS GULCH 2.500 1.000 1.500 C 03/13/1907 06/01/1870 5 685 BORGMAN SEEP D PUMP NO 1 SEEPAGE 2.500 2.500 0.000 C 02/25/1971 04/13/1967 5 689 BORGMAN SEEP D PUMP NO 2 SEEPAGE 2.500 2.500 0.000 C 02/25/1971 04/13/1967 5 690 BOWLES DITCH DRY CREEK 5.000 5.000 0.000 C 10/09/1895 04/16/1891 7 524 BOXELDER CHANNEL DITCH 2 BOX ELDER CREEK 2.500 2.500 0.000 C 04/22/1922 05/01/1880 3 764 BOXELDER DRAIN TILE SEEPAGE 1.580 1.580 0.000 C 09/10/1953 06/20/1902 3 1119 BOXELDER RES 1 BOX ELDER CREEK 570.000 570.000 0.000 A
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12/09/1904 07/01/1883 3 3717 BOYD MCCLELLEN DITCH 1 LONE TREE CREEK 25.870 25.870 0.000 C 01/15/1914 10/01/1885 1 647 BOYD MCCLELLEN DITCH 2 LONE TREE CREEK 84.000 84.000 0.000 C 01/15/1914 06/05/1885 1 648 BOYD RES 2 LONE TREE CREEK 92.100 92.100 0.000 A 01/15/1914 03/22/1905 1 3641 BRANTNER WELL 12836 GROUNDWATER 1.240 1.240 0.000 C 12/31/1971 07/26/1951 2 5525 BRIGHTON WELL 6318 GROUNDWATER 0.300 0.300 0.000 C 12/31/1975 10/29/1941 2 5558 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
BROMLEY WELL 1 GROUNDWATER 0.888 0.888 0.000 C 12/31/1972 06/30/1940 2 5014 BROMLEY WELL 2 GROUNDWATER 0.101 0.101 0.000 C 12/31/1972 05/31/1956 2 5015 BROMLEY WELL 3 GROUNDWATER 0.101 0.101 0.000 C 12/31/1972 05/31/1956 2 5570 BROWN WELL 5037-F GROUNDWATER 0.650 0.650 0.000 C 12/31/1972 01/27/1964 1 5862 BRUSH WELL 10970-F GROUNDWATER 0.444 0.444 0.000 C 12/31/1972 06/27/1966 1 5880 BUCKERS DITCH SOUTH PLATTE RIVER 121.870 121.870 0.000 C 04/28/1883 07/08/1879 2 823 BURROUGHS WELL 1-4174-F GROUNDWATER 1.990 1.990 0.000 C 12/31/1972 07/31/1918 2 5596 BUSHMAN DITCH BEAVER CREEK 152.000 152.000 0.000 C 11/04/1922 03/21/1898 1 528 C WAHL DITCH KIOWA CREEK 180.000 180.000 0.000 C 01/15/1914 10/03/1900 1 592 CABLE WELL 1-RF-172 GROUNDWATER 1.330 1.330 0.000 C 12/31/1972 04/16/1946 1 5918 CAIN WELL 1-014505-F GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 07/10/1960 2 5600 CAMERON DITCH GODDING HOLLOW 2.000 2.000 0.000 C 12/31/1980 11/01/1980 5 696 CANON CANAL CO DITCH CACHE LA POUDRE RIV 8.600 1.580 7.020 C 04/11/1882 03/15/1868 3 1188 CANON CANAL CO DITCH CACHE LA POUDRE RIV 48.880 16.370 32.510 C 04/11/1882 03/20/1873 3 1188 CARLSON WELL 1-6624F GROUNDWATER 2.000 2.000 0.000 C 12/31/1971 03/31/1965 2 5655 CARLSON-CARLSN SWANSON D DRAINAGE 7.700 7.700 0.000 C 02/25/1971 12/31/1915 5 697 CARNATION WELL 2-3281F GROUNDWATER 0.110 0.110 0.000 C 12/31/1972 07/24/1961 2 5663 CARR RES PP LONE TREE CREEK 0.950 0.950 0.000 C 01/15/1914 08/01/1870 1 649 CARTER DITCH BUCKHORN CREEK 2.000 2.000 0.000 C 06/29/1916 04/01/1869 4 576 CARTER DITCH BUCKHORN CREEK 5.000 2.000 0.000 C 06/29/1916 11/30/1889 4 576 CAVEY WELL 11158-F GROUNDWATER 0.890 0.890 0.000 C 12/31/1971 09/08/1966 2 5673 CHAMBERS WELL 1-13158F GROUNDWATER 2.667 2.667 0.000 C 12/31/1972 12/31/1921 2 5695 CHAPMAN MCCASLIN DITCH ST VRAIN CREEK 98.130 78.130 20.000 C 06/02/1882 03/10/1862 5 546 CITY OF BRIGHTON 019809F GROUNDWATER 0.889 0.889 0.000 C 12/31/1975 12/31/1933 2 5720 CITY OF BRIGHTON 019809F GROUNDWATER 1.389 1.389 0.000 C
December Resume -55-
12/31/1975 12/31/1910 2 5720 CLARK JAMES DITCH WEST BIJOU CREEK 288.000 288.000 0.000 C 01/15/1914 04/01/1907 1 735 COCHRAN WELL 1-26527-R GROUNDWATER 0.900 0.900 0.000 C 12/31/1972 03/01/1917 2 5733 COLABELLO WELL 1-13713F GROUNDWATER 0.450 0.450 0.000 C 12/31/1975 06/20/1950 1 6026 COLABELLO WELL 2-13714F GROUNDWATER 0.260 0.260 0.000 C 12/31/1975 06/20/1957 1 6027 COLABELLO WELL 3-13715F GROUNDWATER 0.390 0.390 0.000 C 12/31/1975 06/20/1940 1 6028 COLABELLO WELL 4-13694F GROUNDWATER 0.400 0.400 0.000 C 12/31/1975 07/23/1954 1 6029 COLO HWY WELL 3 GROUNDWATER 0.360 0.360 0.000 C 12/31/1972 04/06/1960 2 8172 COLO INVEST FUND WELL 1 GROUNDWATER 0.038 0.038 0.000 C 12/31/1972 11/30/1910 3 5188 COLO INVEST FUND WELL 2 GROUNDWATER 0.027 0.027 0.000 C 12/31/1972 11/30/1910 3 5187 CONSOL ROCK WELL 2-12536 GROUNDWATER 0.667 0.667 0.000 C 12/31/1972 05/01/1946 2 5763 CONSOL ROCK WELL 3-12537 GROUNDWATER 0.222 0.222 0.000 C 12/31/1972 05/01/1948 2 5764 CONTER DITCH BIJOU CREEK 44.000 44.000 0.000 C 06/29/1925 01/17/1908 1 736 COOMES WELL 2-12864 GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 12/30/1954 2 5784 COON PUMPING PLANT CROW CREEK 3.000 3.000 0.000 C 01/13/1936 08/01/1909 1 737 CORNWELL WELL 17306 GROUNDWATER 0.044 0.044 0.000 C 12/31/1972 09/25/1963 1 6106 CORSENTINO WELL 2-15425 GROUNDWATER 0.520 0.520 0.000 C 12/31/1972 06/30/1972 2 5799 CORSENTINO WELL 2-2260-F GROUNDWATER 0.056 0.056 0.000 C 12/31/1972 08/11/1959 2 5801 CORSENTINO WELL 4-9329-F GROUNDWATER 0.078 0.078 0.000 C 12/31/1972 04/22/1965 2 5803 CORSENTINO WELL 5-9330-F GROUNDWATER 0.062 0.062 0.000 C 12/31/1972 04/26/1965 2 5804 CORSENTINO WELL 6 GROUNDWATER 0.078 0.078 0.000 C 12/31/1972 04/22/1965 2 5805 COVINGTON/SUTTON/TAYLOR GROUNDWATER 0.330 0.330 0.000 C 12/31/1972 06/30/1953 1 6134 CRAVEN DITCH WEST BIJOU CREEK 1.000 1.000 0.000 C 11/21/1895 02/10/1889 1 788 CURRY FLOOD DITCH SAN ARROYA CREEK 120.000 120.000 0.000 C 01/15/1914 08/01/1893 1 789 CUTLER WELL 2-11785 GROUNDWATER 2.280 2.280 0.000 C 12/31/1972 07/30/1933 2 5824 D T DITCH DEER TRAIL CREEK 71.720 71.720 0.000 C 01/15/1914 04/23/1907 1 557 DALTON DITCH DRAINAGE 1.000 1.000 0.000 C 06/21/1926 12/31/1893 6 680 DALTON INLAND KIRTON D DRAINAGE 1.700 1.700 0.000 C 06/21/1926 12/31/1894 6 681 DAVIS DITCH ABRAHAM GULCH 1.000 1.000 0.000 C 03/13/1907 05/04/1894 5 952 DAVIS WELL 1 GROUNDWATER 0.055 0.055 0.000 C 12/31/1972 10/05/1955 1 6279 DAVIS WELL 1-014494-F GROUNDWATER 1.330 1.330 0.000 C 12/31/1972 11/06/1946 64 5375 DAVIS WELL 1-CP10155 GROUNDWATER 1.220 1.220 0.000 C 12/31/1971 11/10/1965 64 5377 DEKALB WELL 2-16162 GROUNDWATER 0.175 0.175 0.000 C 12/31/1972 04/26/1952 2 5884 DEKALB WELL 3-16161 GROUNDWATER 2.000 2.000 0.000 C 12/31/1972 04/29/1952 2 5885
December Resume -56-
DELTA DITCH SAN ARROYA CREEK 4.000 4.000 0.000 C 01/13/1936 03/12/1925 1 544 DEMERS WELL 2-3711F GROUNDWATER 4.000 4.000 0.000 C 12/31/1972 08/31/1962 64 5384 DEMERS WELL 3-6801F GROUNDWATER 4.000 4.000 0.000 C 12/31/1972 01/31/1965 64 5385 DESERT DITCH KIOWA CREEK 0.000 0.000 0.000 C 01/15/1914 04/01/1906 1 589 DESERT DITCH KIOWA CREEK 140.000 140.000 0.000 C 01/15/1914 10/23/1895 1 589 DIKEMAN SPRING 1 SO FORK SO PLATTE 0.200 0.200 0.000 C 03/24/1953 12/31/1900 23 798 DIXON MILL DITCH ST VRAIN CREEK 6.000 6.000 0.000 C 02/25/1971 11/17/1958 5 576 DIXON MILL DITCH ST VRAIN CREEK 57.400 57.400 0.000 C 06/01/1926 12/01/1873 5 576 DOBNER WELL 8729 GROUNDWATER 0.350 0.350 0.000 C 12/31/1972 07/31/1956 1 6352 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
DONOVAN DITCH CROW CREEK 4.000 4.000 0.000 C 01/15/1914 01/09/1894 1 619 DOUD DITCH HORSE CREEK 3.700 3.700 0.000 C 07/23/1951 09/29/1920 5 501 DOUD DITCH HORSE CREEK 3.700 3.700 0.000 C 12/31/1973 10/07/1920 5 501 DOVER CANAL LONE TREE CREEK 40.000 40.000 0.000 C 01/15/1914 01/15/1911 1 651 DOVER RES LONE TREE CREEK 336.000 336.000 0.000 A 01/15/1914 01/15/1911 1 3639 DREYER WELL 1-419 GROUNDWATER 2.600 2.600 0.000 C 12/31/1972 04/07/1954 2 5966 DRURY RES 2 COAL CREEK 0.000 0.000 0.000 A 11/21/1895 10/06/1891 1 3626 EAST GULCH DITCH EAST GULCH 6.800 6.800 0.000 C 01/15/1914 11/14/1895 1 570 EATON WELL 4-14523 GROUNDWATER 2.670 2.670 0.000 C 12/31/1972 12/31/1937 2 6022 EDMISTON DITCH BUFFALO CR TR SF S P 10.000 8.500 1.500 C 05/22/1913 05/01/1874 23 582 EDWARDS GILL DITCH FORT MORGAN SEWER 7.120 7.120 0.000 C 01/15/1914 06/12/1907 1 690 EILAND WELL 1-10429 GROUNDWATER 0.110 0.110 0.000 C 12/31/1971 12/31/1960 2 6036 ELVA WHITE PIPELINE SPRING 0.800 0.800 0.000 C 02/25/1971 07/24/1924 5 728 EMERSON BROS DITCH LONE PINE CREEK 29.880 29.880 0.000 C 04/11/1882 04/15/1882 3 1037 EPPINGER W 1-9381-F GROUNDWATER 1.770 1.770 0.000 C 12/31/1972 04/27/1965 2 6059 EVANS DITCH ST VRAIN CREEK 4.000 4.000 0.000 C 03/13/1907 04/10/1868 5 729 EWING WELL 1-11170 GROUNDWATER 2.670 2.670 0.000 C 12/31/1971 07/12/1955 2 6103 FARLEY WELL 1-11437 GROUNDWATER 1.440 1.440 0.000 C 12/31/1971 04/30/1954 2 6118 FARLEY WELL 2-14785 GROUNDWATER 1.280 1.280 0.000 C 12/31/1971 12/31/1933 2 6120 FEHRINGER WELL 2-6082 GROUNDWATER 0.667 0.667 0.000 C 12/31/1972 07/30/1964 64 5484 FERGUSON WELL NO 19806S GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 08/28/1952 2 6159
December Resume -57-
FERGUSON WELL NO 19807R GROUNDWATER 1.560 1.560 0.000 C 12/31/1972 04/10/1943 2 6160 FINDEIS WELL 1-11031 GROUNDWATER 0.750 0.750 0.000 C 12/31/1972 12/31/1940 1 6532 FINDEIS WELL 2-11032 GROUNDWATER 0.750 0.750 0.000 C 12/31/1972 12/31/1940 1 6533 FLANAGAN CO WELL 5958F GROUNDWATER 1.260 1.260 0.000 C 12/31/1975 07/27/1964 2 6184 FLANAGAN WELL 1-12503 GROUNDWATER 1.780 1.780 0.000 C 12/31/1972 04/01/1924 2 5025 FLANAGAN WELL 2-13156-F GROUNDWATER 1.550 1.550 0.000 C 12/31/1972 10/01/1952 2 5026 FLANAGAN WELL 3-6586F GROUNDWATER 1.880 1.880 0.000 C 12/31/1972 10/10/1964 2 5028 FORD WELL 1 GROUNDWATER 0.700 0.700 0.000 C 12/31/1972 05/15/1930 2 6192 FORT COLLINS PIPELINE CACHE LA POUDRE RIV 10.000 10.000 0.000 C 09/10/1953 12/31/1904 3 906 FORT COLLINS PIPELINE CACHE LA POUDRE RIV 39.990 39.990 0.000 C 09/10/1953 12/31/1948 3 906 FOSTER SPRING DITCH SPRING 3.700 3.700 0.000 C 06/01/1926 04/30/1883 5 961 FOSTER WELL 1 GROUNDWATER 0.220 0.220 0.000 C 12/31/1972 05/15/1954 2 6196 FOSTER WELL 2 GROUNDWATER 0.330 0.330 0.000 C 12/31/1972 06/23/1932 2 6197 FOSTER WELL 3 GROUNDWATER 0.277 0.277 0.000 C 12/31/1972 06/10/1954 2 6198 FOSTER WELL 5-30452 GROUNDWATER 0.220 0.220 0.000 C 12/31/1972 04/17/1967 2 6200 FREI & SONS WELL 1 GROUNDWATER 0.889 0.889 0.000 C 12/31/1972 06/10/1944 2 6210 FREI WELL R-10880 GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 04/01/1942 2 6213 FUGITA WELL 014506-F GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 03/15/1925 2 6262 FUKAYE WELL 3-13141 GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 03/31/1954 2 6265 FUKAYE WELL 4-14509 GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 04/15/1940 2 6266 FUKAYE WELL 5-14508 GROUNDWATER 0.880 0.880 0.000 C 12/31/1972 04/15/1940 2 6267 FUKAYE WELL 6-14510 GROUNDWATER 0.880 0.880 0.000 C 12/31/1972 04/15/1940 2 6268 FULTON DITCH SOUTH PLATTE RIVER 450.000 200.000 250.000 C 11/27/1906 04/25/1906 2 808 FULTON DITCH SOUTH PLATTE RIVER 450.000 200.000 250.000 C 11/27/1906 04/03/1905 2 808 G W PIPELINE SEEPAGE 3.000 3.000 0.000 C 12/31/1970 12/17/1903 5 736 GAGE PIPELINE SEEPAGE 0.480 0.480 0.000 C 02/25/1971 12/31/1925 5 737 GARRETT BROS SEEP DITCH SEEPAGE 2.000 2.000 0.000 C 04/22/1922 06/27/1904 3 1114 GEHRING WELL 1-12457 GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 06/20/1925 1 6638 GERK WELL 3-P04242 GROUNDWATER 1.440 1.440 0.000 C 12/31/1972 06/26/1963 64 5563 GERMAN DITCH BIG DRY CREEK 85.000 45.000 40.000 C 08/02/1918 11/25/1885 2 872 GIBSON RES 1 WALKER GULCH 74.650 74.650 0.000 A 01/15/1914 11/15/1892 1 3819 GILL SEEP WASTE DRAIN D SLOUGHS 1.500 1.500 0.000 C 01/15/1914 11/25/1911 1 691 GILL STEVENS DITCH SOUTH PLATTE RIVER 23.000 23.000 0.000 C 11/21/1895 09/03/1889 1 520 GILLETTE PIPELINE CABIN CREEK 1.000 1.000 0.000 C
December Resume -58-
02/25/1971 06/01/1915 5 740 GILPIN DITCH NORTH CLEAR CREEK 4.910 4.910 0.000 C 10/09/1914 06/22/1893 7 573 GINI SUMP 1 GROUNDWATER 1.200 1.200 0.000 A 12/31/1972 12/15/1875 5 741 GLENN DITCH SAN ARROYA CREEK 20.000 20.000 0.000 C 01/13/1936 08/01/1929 1 546 GRAHAM WELL 1-10175 GROUNDWATER 3.110 3.110 0.000 C 12/31/1972 06/02/1938 1 5125 GRAND VIEW SEEP DITCH SLOUGHS 4.000 4.000 0.000 C 01/15/1914 05/15/1907 1 689 GREAT WESTERN SEEP SEEPAGE 1.250 1.250 0.000 C 12/31/1970 02/01/1942 5 743 GREGORY SPRING PL SPRING 0.470 0.470 0.000 C 02/25/1971 12/31/1908 5 722 GRIFFIN DITCH NORTH GRIFFIN GULCH 3.970 3.970 0.000 C 03/13/1907 04/01/1895 5 599 GRIFFIN DITCH SOUTH GRIFFIN GULCH 2.500 2.500 0.000 C 03/13/1907 04/01/1881 5 600 GROVES WELL 1-5140-F GROUNDWATER 0.298 0.298 0.000 C 12/31/1972 02/12/1964 64 5039 GROVES WELL 2 GROUNDWATER 0.110 0.110 0.000 C 12/31/1972 12/31/1930 1 6767 GROVES WELL 2-6635-F GROUNDWATER 0.689 0.689 0.000 C 12/31/1972 03/01/1964 64 5040 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
HALL N&S DITCHES S FORK ST VRAIN CREEK 7.100 7.100 0.000 C 07/23/1951 05/11/1919 5 518 HALL PIPELINE SEEPAGE 1.670 1.670 0.000 C 02/25/1971 02/11/1966 5 778 HALL WELL 2-38790 GROUNDWATER 0.088 0.088 0.000 C 12/31/1972 03/04/1970 1 6814 HALL WELL 3-44052 GROUNDWATER 0.110 0.110 0.000 C 12/31/1972 06/14/1971 1 6815 HARDSCRABBLE DITCH ST VRAIN CREEK 28.000 28.000 0.000 C 03/13/1907 03/13/1888 5 745 HAROLD HENNIGH SEEP CL SEEPAGE 14.500 14.500 0.000 C 02/25/1971 04/01/1938 5 746 HARRIS WELL 2 GROUNDWATER 0.111 0.111 0.000 C 12/31/1972 12/31/1935 64 5599 HASTIE W 1 GROUNDWATER 1.230 1.230 0.000 C 12/31/1972 08/31/1935 2 6514 HAVER DITCH 4 SO FORK SO PLATTE 9.750 9.750 0.000 C 05/18/1918 06/15/1903 23 554 HAVER DITCH 5 SO FORK SO PLATTE 9.750 9.750 0.000 C 05/18/1918 06/15/1903 23 555 HAYES DITCH DRY CREEK 3.000 3.000 0.000 C 03/13/1907 02/28/1903 5 751 HEEL WELL 14730 GROUNDWATER 0.266 0.155 0.111 C 12/31/1972 12/31/1947 2 5037 HENDERSON PICKLE W 1037 GROUNDWATER 0.033 0.033 0.000 C 12/31/1971 06/01/1940 2 6548 HENDERSON RES & PL BEAVER CREEK 5.849 5.849 0.000 A 02/25/1971 05/17/1960 5 921 HERGENREDER SEC 33 DIVR SEEPAGE 2.750 2.750 0.000 C 02/25/1971 06/30/1957 5 754 HESSE WELL 10271 GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 01/03/1957 2 6560 HEZLEP WELL 1 GROUNDWATER 0.144 0.144 0.000 C 12/31/1972 01/01/1945 2 6561 HICKS WELL 1-21233 GROUNDWATER 1.560 1.560 0.000 C
December Resume -59-
12/31/1972 04/30/1957 1 6921 HIDE AWAY WELL 1-12209 GROUNDWATER 1.060 1.060 0.000 C 12/31/1972 04/22/1960 2 6563 HIDE AWAY WELL 2-12210 GROUNDWATER 0.444 0.444 0.000 C 12/31/1972 04/22/1960 2 6564 HIDE AWAY WELL 3-04436-F GROUNDWATER 0.666 0.666 0.000 C 12/31/1972 07/25/1963 2 6565 HILL WELL 2 GROUNDWATER 0.040 0.040 0.000 C 12/31/1972 02/28/1952 2 6580 HILL WELL 3 GROUNDWATER 0.044 0.044 0.000 C 12/31/1972 05/15/1958 2 6581 HIMES WELL 1-14837 GROUNDWATER 1.330 1.330 0.000 C 12/31/1971 05/15/1950 2 6587 HIMES WELL 2-14836 GROUNDWATER 2.550 2.550 0.000 C 12/31/1971 05/15/1950 2 6588 HIMES WELL 3-14838 GROUNDWATER 1.330 1.330 0.000 C 12/31/1971 06/18/1954 2 6589 HISHINUMA WELL 1 GROUNDWATER 1.333 1.333 0.000 C 12/31/1972 03/23/1936 2 6591 HOLDORF DITCH 1 COAL CREEK 20.000 20.000 0.000 C 06/29/1925 07/21/1923 1 634 HOLDORF DITCH 2 COAL CREEK 20.000 20.000 0.000 C 06/29/1925 07/21/1923 1 686 HOLMES DITCH LONE TREE CREEK 4.000 4.000 0.000 C 01/15/1914 03/01/1888 1 673 HONDIUS CASCADE PL 1 FALL RIVER 13.000 13.000 0.000 C 11/14/1939 11/10/1908 4 557 HONDIUS CASCADE PL 3 FALL RIVER 22.500 22.500 0.000 C 11/14/1939 06/30/1919 4 558 HOPEWELL RES 1 WEST BIJOU CREEK 1839.000 1839.000 0.000 A 01/15/1914 08/22/1903 1 3826 HOTCHKISS WELL 1-6014 GROUNDWATER 0.388 0.388 0.000 C 12/31/1976 07/20/1964 1 9156 HOTCHKISS WELL 2-6015 GROUNDWATER 0.670 0.670 0.000 C 12/31/1976 07/22/1964 1 9157 HUEBNER WELL 1-R981 GROUNDWATER 0.890 0.890 0.000 C 12/31/1973 08/30/1929 2 6632 HUEBNER WELL 2-R982 GROUNDWATER 0.660 0.660 0.000 C 12/31/1973 03/30/1936 2 6633 HUNT WELL 2-8591 GROUNDWATER 0.075 0.075 0.000 C 12/31/1972 12/31/1925 1 5167 HUNT WELL 3-8592 GROUNDWATER 0.277 0.277 0.000 C 12/31/1972 10/30/1955 1 5168 I D MILLER WELL LONE TREE CREEK 4.550 4.550 0.000 C 11/21/1895 06/01/1889 1 670 INOUYE WELL 1-4525 GROUNDWATER 1.330 1.330 0.000 C 12/31/1971 06/01/1957 2 6651 IRTHUM WELL NO. 10897 GROUNDWATER 0.400 0.400 0.000 C 12/31/1981 05/01/1940 2 6663 ISAAC D MILLER DITCH LONE TREE CREEK 1.000 1.000 0.000 C 11/21/1895 02/01/1882 1 669 J ALLEN WATER POWER RT CHICAGO CREEK 20.000 20.000 0.000 C 10/09/1914 04/09/1894 7 590 J F JONES LAKE 1 SOUTH BOULDER CREEK 1.000 1.000 0.000 A 03/13/1907 11/15/1891 6 4205 J F JONES LAKE 1 SOUTH BOULDER CREEK 5.000 5.000 0.000 A 03/13/1907 03/15/1902 6 4205 JACKPOT RES WILD CAT CREEK 160.000 160.000 0.000 A 01/15/1914 02/28/1908 1 3597 JACKSON DITCH BUFFALO CR TR SF S P 5.000 4.000 1.000 C 05/22/1913 05/01/1874 23 583 JACKSON LAKE WELL 08585 GROUNDWATER 0.044 0.044 0.000 C 12/31/1975 05/10/1961 1 8652 JACQUEZ WELL 1-10833 GROUNDWATER 1.330 1.330 0.000 C 12/31/1972 12/31/1940 2 6677 JACQUEZ WELL 2-10835 GROUNDWATER 0.670 0.670 0.000 C 12/31/1972 06/30/1954 2 6678
December Resume -60-
JAMES MAULDIN DITCH RUNNING CREEK 1.500 1.500 0.000 C 11/21/1895 05/12/1882 1 617 JEFFERSON LAKE DITCH JEFFERSON LAKE 546.000 516.000 30.000 C 10/18/1889 06/25/1888 23 1080 JOBBINS DITCH DRY CREEK 4.400 3.400 1.000 C 02/25/1971 01/01/1917 5 787 JOHN B HIXON DITCH CHERRY CREEK 0.000 0.000 0.000 C 12/10/1883 03/21/1876 8 1391 JOHN WELL 1-11622-F GROUNDWATER 2.220 2.220 0.000 C 12/31/1971 07/10/1932 2 6697 JOHNSON WELL 1 GROUNDWATER 1.550 1.550 0.000 C 12/31/1972 12/31/1937 64 5692 JOHNSON WELL 15200-F GROUNDWATER 0.044 0.044 0.000 C 12/31/1971 12/31/1937 1 7035 JULESBURG SCHOOL WELL 3 GROUNDWATER 0.330 0.330 0.000 C 12/31/1972 04/01/1956 64 5703 KAUTZ WELL 9615-F GROUNDWATER 1.550 1.550 0.000 C 12/31/1972 06/10/1965 64 5741 KINDER WELL 1-06352 GROUNDWATER 1.780 1.780 0.000 C 12/31/1972 11/01/1958 2 6805 KIRBY WELL 14723 GROUNDWATER 0.700 0.700 0.000 C 12/31/1972 04/30/1948 2 6812 KISSEL WELL 1-13308 GROUNDWATER 0.260 0.260 0.000 C 12/31/1972 12/31/1939 1 7153 KISSEL WELL 2-13307 GROUNDWATER 0.260 0.260 0.000 C 12/31/1972 12/31/1934 1 7154 KIYOTA WELL 1-1048 GROUNDWATER 2.830 2.830 0.000 C 12/31/1971 04/30/1954 2 6816 KIYOTA WELL 2-1049 GROUNDWATER 2.540 2.540 0.000 C 12/31/1971 04/30/1954 2 6819 KLUG DITCH 2 BOXELDER CREEK 80.000 80.000 0.000 C 01/15/1914 02/22/1906 1 614 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
KLUG MEADOW DITCH BOXELDER CREEK 500.000 500.000 0.000 C 01/15/1914 05/01/1891 1 777 KNAUS DITCH SEEPAGE 3.100 3.100 0.000 C 12/31/1975 12/31/1908 5 793 KNAUS DITCH SEEPAGE 3.000 3.000 0.000 C 12/31/1974 05/31/1862 5 793 LARAMIE POUDRE CANAL LONE TREE CREEK 500.000 500.000 0.000 C 01/15/1914 02/01/1909 1 653 LARSEN WELL 1-11443 GROUNDWATER 0.722 0.722 0.000 C 12/31/1972 08/31/1938 1 7394 LARSEN WELL 1-2838F GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 06/30/1940 1 7397 LARSEN WELL 2-11444 GROUNDWATER 0.767 0.767 0.000 C 12/31/1972 05/31/1945 1 7395 LARSEN WELL 2-2839-F GROUNDWATER 0.660 0.660 0.000 C 12/31/1972 05/30/1951 1 7398 LARSEN WELL 3-11445 GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 04/05/1956 1 7396 LARSON WELL 1-15009 GROUNDWATER 3.370 3.370 0.000 C 12/31/1972 05/20/1940 2 6940 LATORRA WELL 1-04046F GROUNDWATER 0.770 0.770 0.000 C 12/31/1972 05/08/1963 2 6949 LAWSON RES SOUTH BOULDER CREEK 8.000 8.000 0.000 A 03/13/1907 12/20/1900 6 4208 LAWSON RES SOUTH BOULDER CREEK 1.000 1.000 0.000 A 03/13/1907 04/20/1888 6 4208 LAYTON WELL 1-2267 GROUNDWATER 0.500 0.500 0.000 C 12/31/1972 12/31/1948 2 6954
December Resume -61-
LAYTON WELL 2-12268 GROUNDWATER 0.100 0.100 0.000 C 12/31/1972 04/30/1956 2 6955 LEECH WELL 1-5018-F GROUNDWATER 2.000 2.000 0.000 C 12/31/1972 12/31/1931 2 6965 LEHRER WELL 1-14801 GROUNDWATER 1.420 1.420 0.000 C 12/31/1972 06/30/1950 2 6973 LEHRER WELL 2 GROUNDWATER 0.178 0.178 0.000 C 12/31/1972 07/05/1953 2 6974 LEI WELL 1 GROUNDWATER 0.933 0.933 0.000 C 12/31/1972 08/01/1964 64 5813 LEIS WELL 1-1942 GROUNDWATER 0.889 0.889 0.000 C 12/31/1972 12/31/1952 1 7432 LEIS WELL 2-1943 GROUNDWATER 0.666 0.666 0.000 C 12/31/1972 02/05/1953 1 7433 LEIS WELL 3-1944 GROUNDWATER 0.610 0.610 0.000 C 12/31/1972 02/12/1953 1 7434 LINDERMAN WELL 1-12693F GROUNDWATER 0.666 0.666 0.000 C 12/31/1972 12/31/1930 2 6996 LITTLE MATTIE PIPELINE CHICAGO CREEK 49.350 49.350 0.000 C 10/09/1914 05/06/1889 7 610 LIVING SPRINGS DITCH COMANCHE CREEK 39.600 39.600 0.000 C 01/15/1914 03/01/1903 1 784 LOGAN CO SCH D VALLEY W1 GROUNDWATER 0.044 0.044 0.000 C 12/31/1972 07/01/1937 64 6560 LONE TREE DITCH LONE TREE CREEK 1.500 1.500 0.000 C 11/21/1895 05/15/1882 1 661 LONE TREE DITCH LONE TREE CREEK 1.500 1.500 0.000 C 01/15/1914 11/22/1895 1 661 LONE TREE DITCH LONE TREE CREEK 1.500 1.500 0.000 C 01/15/1914 06/21/1904 1 661 LONG DRAW IRR DITCH LONG DRAW 1200.000 1200.000 0.000 C 01/15/1914 07/15/1886 1 609 LONG WELL 14730 GROUNDWATER 1.130 1.130 0.000 C 12/31/1972 03/01/1946 2 7017 LOWER PLATTE BEAVER DR SOUTH PLATTE RIVER 150.000 150.000 0.000 C 01/15/1914 09/10/1911 1 699 M H DITCH 1 LONG GULCH 23.500 23.500 0.000 C 01/15/1914 06/20/1906 1 564 MADRON MFG WELL 2-1562 GROUNDWATER 0.670 0.670 0.000 C 12/31/1972 12/31/1935 2 7069 MADRON MFG WELL 3-1565 GROUNDWATER 0.550 0.550 0.000 C 12/31/1972 05/27/1955 2 7070 MAHR WELL R13365 GROUNDWATER 0.310 0.310 0.000 C 12/31/1972 05/07/1954 64 5860 MANLY WELL 2689-F GROUNDWATER 0.880 0.880 0.000 C 12/31/1971 09/29/1954 2 7075 MANN WELL 1-15253 GROUNDWATER 0.668 0.668 0.000 C 12/31/1972 04/28/1960 2 7076 MANN WELL 12 GROUNDWATER 0.557 0.557 0.000 C 12/31/1972 05/01/1948 2 7079 MANN WELL 13 GROUNDWATER 0.223 0.223 0.000 C 12/31/1972 03/15/1948 2 7080 MANN WELL 2-RF707 GROUNDWATER 0.668 0.668 0.000 C 12/31/1972 12/31/1948 2 7081 MANN WELL 3-RF708 GROUNDWATER 0.780 0.780 0.000 C 12/31/1972 05/21/1964 2 7082 MANTEY DITCH 3 LONE TREE CREEK 23.000 23.000 0.000 C 01/15/1914 03/15/1882 1 807 MANTEY DITCH 6 LONE TREE CREEK 5.000 5.000 0.000 C 01/15/1914 05/01/1873 1 808 MANUELLO WELL 5-375 GROUNDWATER 4.890 4.890 0.000 C 12/31/1971 04/27/1957 64 5867 MANUELLO WELL 7-374 GROUNDWATER 6.670 6.670 0.000 C 12/31/1971 01/06/1948 64 5869 MARTIN MARIETTA E SEEP D SEEPAGE 1.000 1.000 0.000 C 12/31/1972 03/01/1970 5 815 MARTIN MARIETTA TILE DR SEEPAGE 1.500 1.500 0.000 C
December Resume -62-
12/31/1972 04/01/1960 5 816 MARY E MILLER RES SOUTH BOULDER CREEK 1.000 1.000 0.000 A 03/13/1907 03/01/1892 6 4213 MARY E MILLER RES SOUTH BOULDER CREEK 3.000 3.000 0.000 A 03/13/1907 03/01/1897 6 4213 MARY LAWLESS RES WEST BIJOU CREEK 1712.700 1712.700 0.000 A 11/21/1895 12/23/1893 1 3929 MAYER WELL 2-2882 GROUNDWATER 2.200 2.200 0.000 C 12/31/1971 04/30/1945 2 7152 MCCANNE DITCH SOUTH PLATTE RIVER 40.000 40.000 0.000 C 06/15/1901 04/02/1895 2 868 MCCLELLAN BIRD DITCH LONE TREE CREEK 11.120 11.120 0.000 C 01/15/1914 09/15/1905 1 664 MCCLELLAN BIRD DITCH LONE TREE CREEK 13.880 13.880 0.000 C 01/15/1914 06/29/1909 1 664 MCCLELLAN DITCH LONE TREE CREEK 3.000 3.000 0.000 C 11/21/1895 07/13/1886 1 663 MCCLELLAN DITCH LONE TREE CREEK 3.000 3.000 0.000 C 01/15/1914 11/22/1895 1 663 MCCOY WELL 6-10343 GROUNDWATER 0.527 0.527 0.000 C 12/31/1971 01/16/1958 2 7184 MCDOWELL SEEP DITCH SPRING 16.000 16.000 0.000 C 12/31/1972 12/20/1972 1 811 MCDOY WELL 1 GROUNDWATER 0.067 0.067 0.000 C 12/31/1972 05/07/1963 2 7189 MCGEE DRAIN & SUMP DRAINAGE 1.350 1.350 0.000 C 02/25/1971 10/22/1963 5 822 MCGLOCHLIN WELL 013467F GROUNDWATER 0.780 0.780 0.000 C 12/31/1972 12/31/1932 2 7190 MCGLOCHLIN WELL 013468F GROUNDWATER 0.666 0.666 0.000 C 12/31/1972 12/31/1940 2 7191 MCMURRAY WELL 1-R6240 GROUNDWATER 1.850 1.850 0.000 C 12/31/1972 08/01/1954 64 5894 MEADOW SPRINGS DITCH MEADOW SPRINGS CREEK 2.000 2.000 0.000 C 01/15/1914 06/01/1870 1 561 MEADOW SPRINGS DITCH MEADOW SPRINGS CREEK 6.000 6.000 0.000 C 01/15/1914 06/05/1897 1 561 MEADOW SPRINGS RES MEADOW SPRINGS CREEK 117.000 117.000 0.000 A 01/15/1914 06/15/1908 1 3586 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
MENDENHALL WELL 1 GROUNDWATER 0.133 0.133 0.000 C 12/31/1972 03/28/1957 2 7216 MENTER WELL RF-1185 GROUNDWATER 2.000 2.000 0.000 C 12/31/1972 07/16/1956 64 5087 MERRILL WELL 1-6365 GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 05/30/1939 1 7644 MILL PUMPING SYS WELL 1 GRNDWTR-1953 ADJ 0.820 0.820 0.000 C 09/10/1953 05/31/1949 3 6343 MILL PUMPING SYS WELL 2 GRNDWTR-1953 ADJ 0.660 0.660 0.000 C 09/10/1953 05/31/1949 3 6344 MINER LONGAN DITCH LITTLE THOMPSON CR 40.800 40.800 0.000 C 06/29/1916 10/20/1896 4 599 MONHEISER WELL 2-1065 GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 12/31/1936 64 5945 MOORE RES 1 DEER TRAIL CREEK 114.000 114.000 0.000 A 01/15/1914 04/01/1894 1 3577 MOORE RES 2 DEER TRAIL CREEK 23.000 23.000 0.000 A 01/15/1914 04/01/1905 1 3578 MOUNTAIN MEADOW DITCH BEAR CREEK 2.800 2.800 0.000 C 09/24/1935 05/01/1879 9 830 MOUNTAIN SUPPLY RES 8 N FK CAC LA POUDRE R 482.000 482.000 0.000 A
December Resume -63-
04/22/1922 02/10/1905 3 3694 MYERS WELL 1-16513-F GROUNDWATER 0.700 0.700 0.000 C 12/31/1972 06/03/1955 2 7406 MYERS WELL 2-16514-F GROUNDWATER 0.700 0.700 0.000 C 12/31/1972 06/03/1955 2 7407 MYERS WELL 3 GROUNDWATER 0.050 0.050 0.000 C 12/31/1972 05/30/1950 2 7408 MYLANDER WELL 1-20077 GROUNDWATER 0.235 0.235 0.000 C 12/31/1971 04/08/1957 1 7774 MYLANDER WELL 2-04168-F GROUNDWATER 1.330 1.330 0.000 C 12/31/1971 05/31/1963 1 7776 MYLANDER WELL 2-21095 GROUNDWATER 0.529 0.529 0.000 C 12/31/1971 04/08/1957 1 7777 NAKATA WELL 1-708 GROUNDWATER 0.178 0.178 0.000 C 12/31/1972 06/15/1939 2 7416 NAKATA WELL 2-709 GROUNDWATER 0.200 0.200 0.000 C 12/31/1972 06/15/1941 2 7418 NAKATA WELL 3-710 GROUNDWATER 0.133 0.133 0.000 C 12/31/1972 04/15/1954 2 7419 NECESSITY DITCH WEST CHERRY CREEK 6.670 3.670 3.000 C 12/10/1883 06/26/1882 8 1418 NEWMAN WELL 1-4433 GROUNDWATER 1.222 1.222 0.000 C 12/31/1972 04/05/1956 2 7450 NILE DITCH WILD CAT CREEK 42.500 42.500 0.000 C 01/15/1914 08/29/1904 1 819 NORWOOD WELL 1-12393 GROUNDWATER 1.060 1.060 0.000 C 12/31/1972 03/01/1955 1 7835 NORWOOD WELL 2-RF-143 GROUNDWATER 0.906 0.906 0.000 C 12/31/1972 12/31/1916 1 7836 NYHOLT WELL 1-5970 GROUNDWATER 0.670 0.670 0.000 C 12/31/1972 04/30/1950 2 7513 OLSON DITCH ST VRAIN CREEK 2.000 2.000 0.000 C 03/13/1907 06/15/1861 5 515 OLSON WELL 1 GROUNDWATER 2.660 2.660 0.000 C 12/31/1972 07/01/1939 1 7858 OLSON WELL 2 GROUNDWATER 1.770 1.770 0.000 C 12/31/1972 07/02/1949 1 7859 ORTH PIPELINE WASTE 1.400 1.400 0.000 C 02/25/1971 02/24/1967 5 848 OTSUKA WELL 2-11481-F GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 04/20/1956 64 6001 OVID WELL 1 GROUNDWATER 0.670 0.670 0.000 C 12/31/1972 08/24/1926 64 6449 OVID WELL 2 GROUNDWATER 0.670 0.670 0.000 C 12/31/1972 08/24/1926 64 6450 OVID WELL 4 GROUNDWATER 0.670 0.670 0.000 C 12/31/1972 08/24/1926 64 6452 OWL CREEK DITCH OWL CREEK 2.500 2.500 0.000 C 01/15/1914 05/15/1907 1 674 PAGE FOSTER DITCH WEST BIJOU CREEK 8.000 8.000 0.000 C 11/21/1895 02/10/1888 1 567 PALIZZI WELL 1-6428F GROUNDWATER 1.780 1.780 0.000 C 12/31/1972 08/04/1964 2 7560 PALIZZI WELL 2-5648F GROUNDWATER 2.220 2.220 0.000 C 12/31/1972 05/17/1964 2 7563 PALIZZI WELL 3 GROUNDWATER 0.956 0.956 0.000 C 12/31/1972 04/15/1933 2 7564 PALMER WELL 1-12375 GROUNDWATER 0.550 0.550 0.000 C 12/31/1972 04/30/1941 1 7889 PALMER WELL 2-12376 GROUNDWATER 0.770 0.770 0.000 C 12/31/1972 05/31/1951 1 7890 PEED WELL 11042 GROUNDWATER 1.555 1.555 0.000 C 12/31/1971 05/01/1949 1 7929 PERROTT WELL 1-13792 GROUNDWATER 1.044 1.044 0.000 C 12/31/1972 01/01/1936 2 7604 PERROTT WELL 2-RF414 GROUNDWATER 0.467 0.467 0.000 C 12/31/1972 07/07/1967 2 7605
December Resume -64-
PERROTT WELL 3-13794 GROUNDWATER 0.333 0.333 0.000 C 12/31/1972 01/01/1955 2 7606 PETERSON WELL 1-RF1 GROUNDWATER 0.490 0.490 0.000 C 12/31/1972 05/27/1965 2 7612 PETERSON WELL 2 GROUNDWATER 0.031 0.031 0.000 C 12/31/1972 07/01/1952 2 7613 PETERSON WELL 3 GROUNDWATER 0.130 0.130 0.000 C 12/31/1972 09/01/1932 2 7614 PETERSON WELL 4 GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 12/31/1937 2 7615 PIERCE FIELD W 1-10940-F GROUNDWATER 0.500 0.500 0.000 C 12/31/1970 05/16/1966 1 7988 PIERCE FIELD W 3-12286-F GROUNDWATER 0.500 0.500 0.000 C 12/31/1970 09/05/1967 1 5278 PIT A SPRING PIPELINE SEEPAGE 2.567 2.567 0.000 C 12/31/1972 06/01/1968 5 860 PRIOLA WELL 10914 GROUNDWATER 1.780 1.780 0.000 C 12/31/1972 12/31/1943 2 7658 PROPP WELL 11076 GROUNDWATER 1.560 1.560 0.000 C 12/31/1972 07/31/1954 64 6080 QUERY WELL 1 GROUNDWATER 0.660 0.660 0.000 C 12/31/1972 07/09/1951 1 8040 R J LESS ES WELL 1-15956 GROUNDWATER 1.220 1.220 0.000 C 12/31/1972 03/01/1935 2 7719 R J LESS ES WELL 2 GROUNDWATER 0.033 0.033 0.000 C 12/31/1972 02/28/1928 2 7720 R J LESS ES WELL 3 GROUNDWATER 0.033 0.033 0.000 C 12/31/1972 12/31/1915 2 7721 REASONER WELL 1 GROUNDWATER 1.110 1.110 0.000 C 12/31/1976 03/31/1936 2 7730 RED ROCK RANCH D & PL LEFT HAND CREEK 8.000 8.000 0.000 C 02/25/1971 03/05/1929 5 875 REED WELL 1-R7378 GROUNDWATER 0.590 0.590 0.000 C 12/31/1972 12/31/1935 2 7739 REED WELL 2-R7377 GROUNDWATER 1.730 1.730 0.000 C 12/31/1972 12/31/1910 2 7741 REESE WELL 2 GROUNDWATER 0.055 0.055 0.000 C 12/31/1972 12/31/1947 64 6129 REESE WELL 2 GROUNDWATER 0.055 0.055 0.000 C 12/31/1972 12/31/1934 64 6124 REESE WELL 3 GROUNDWATER 0.066 0.066 0.000 C 12/31/1972 12/31/1964 64 6130 REESE WELL 3 GROUNDWATER 0.055 0.055 0.000 C 12/31/1972 12/31/1934 64 6125 REESE WELL 4 GROUNDWATER 0.055 0.055 0.000 C 12/31/1972 12/31/1947 64 6131 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
REESE WELL 4 GROUNDWATER 0.055 0.055 0.000 C 12/31/1972 12/31/1944 64 6126 REESE WELL 6 GROUNDWATER 0.055 0.055 0.000 C 12/31/1972 12/31/1942 64 6133 REITHER WELL 1-10621 GROUNDWATER 0.610 0.610 0.000 C 12/31/1971 03/10/1956 2 7752 RENNER DITCH 1 KIOWA CREEK 10.710 9.000 0.000 C 01/05/1922 06/01/1888 1 588 REYNOLDS WELL H GROUNDWATER 0.267 0.267 0.000 C 12/31/1972 06/01/1946 2 7771 RICH WELL 1 GROUNDWATER 0.001 0.001 0.000 C 12/31/1972 12/31/1930 3 5438 RICHARDSON DITCH DRY CR LYKINS CANON 2.700 2.700 0.000 C 06/02/1882 06/15/1874 5 876
December Resume -65-
RIVERSIDE DITCH SOUTH PLATTE RIVER 16.000 16.000 0.000 C 11/21/1895 11/29/1886 1 710 RIVERSIDE EMBANKMENT DR SEEPAGE 5.000 5.000 0.000 C 01/15/1914 12/14/1908 1 698 ROBERTS LATERAL DITCH LONE TREE CREEK 5.000 5.000 0.000 C 01/15/1914 04/15/1900 1 660 ROBERTS WELL 1-CP10152 GROUNDWATER 1.336 1.336 0.000 C 12/31/1971 11/05/1965 64 6153 ROCK BLUFF DITCH ROCK BLUFF CREEK 50.000 50.000 0.000 C 01/15/1914 10/01/1900 1 554 ROUGH READY DITCH SOUTH PLATTE RIVER 31.270 31.270 0.000 C 12/10/1883 12/31/1867 8 1012 ROUGH READY DITCH SOUTH PLATTE RIVER 37.000 37.000 0.000 C 12/10/1883 12/31/1860 8 1012 ROWLEY DITCH CHERRY CREEK 4.000 2.000 0.000 C 03/03/1890 03/31/1884 8 1373 RUCKER WELL 1-7002 GROUNDWATER 1.110 1.110 0.000 C 12/31/1971 12/31/1915 2 7842 RUCKER WELL 2-7003 GROUNDWATER 0.560 0.560 0.000 C 12/31/1971 12/31/1915 2 7843 RUOTE PUMP SYS DRAINAGE 1.000 1.000 0.000 C 12/31/1975 04/05/1952 5 880 RUOTE SEEP SUPPLY DRAINAGE 1.000 1.000 0.000 C 12/31/1975 12/13/1952 5 881 SACRAMENTO DITCH SACRAMENTO CREEK 60.000 18.000 42.000 C 10/18/1886 07/27/1886 23 760 SAN ARROYO DITCH SAN ARROYA CREEK 27.000 27.000 0.000 C 01/15/1914 05/01/1906 1 547 SAN ARROYO DITCH SAN ARROYA CREEK 27.000 27.000 0.000 C 01/15/1914 12/12/1889 1 547 SANBORN DITCH KITELEY GULCH 10.000 10.000 0.000 C 06/01/1926 01/05/1897 5 882 SAWMILL DITCH BIG THOMPSON RIVER 1.125 1.125 0.000 C 11/14/1939 06/30/1891 4 542 SCHAEFFER WELL 6939 GROUNDWATER 0.666 0.666 0.000 C 12/31/1972 12/31/1890 1 8251 SCHMIDT WELL 13602 GROUNDWATER 1.470 1.470 0.000 C 12/31/1972 06/20/1955 2 7997 SCHNELL WELL 14283 GROUNDWATER 0.610 0.610 0.000 C 12/31/1972 06/10/1945 2 8011 SCHREIBER WELL 014460-F GROUNDWATER 0.333 0.333 0.000 C 12/31/1972 04/15/1954 1 8316 SCHWINDT DITCH PP BADGER CREEK 2.700 2.700 0.000 C 01/13/1936 07/10/1930 1 543 SECOND CREEK FARMS WELL GROUNDWATER 0.045 0.045 0.000 C 12/31/1972 01/05/1950 2 8045 SEDGWICK WELL 1-1301 GROUNDWATER 0.560 0.560 0.000 C 12/31/1972 07/01/1919 64 6223 SEDGWICK WELL 3-14503 GROUNDWATER 0.560 0.560 0.000 C 12/31/1972 07/01/1920 64 6225 SEDGWICK WELL 4-14504 GROUNDWATER 0.560 0.560 0.000 C 12/31/1972 07/01/1920 64 6226 SEYLER WELL NO 1561R GROUNDWATER 2.670 2.670 0.000 C 12/31/1980 12/31/1935 2 8063 SHAFFER WELL GROUNDWATER 0.223 0.223 0.000 C 12/31/1972 11/29/1966 2 8072 SHAMBAUGH DITCH 2 WASTE 4.000 2.000 2.000 C 12/31/1977 04/04/1876 5 886 SHAVER WELL 4439-F GROUNDWATER 1.000 1.000 0.000 C 12/31/1971 07/15/1963 1 8340 SHEEP CREEK RES SHEEP CREEK 531.870 531.870 0.000 A 04/22/1922 10/03/1904 3 3680 SHOEMAKER DITCH SYS SOUTH PLATTE RIVER 1.000 1.000 0.000 C 01/15/1914 11/01/1904 1 694 SHOEMAKER DITCH SYS SOUTH PLATTE RIVER 10.000 10.000 0.000 C 01/15/1914 08/08/1906 1 694 SIDE HILL DITCH SOUTH PLATTE RIVER 94.800 56.800 38.000 C
December Resume -66-
04/28/1883 04/29/1882 2 821 SIGMAN WELL 1 GROUNDWATER 0.660 0.660 0.000 C 12/31/1972 03/31/1950 2 5074 SIGMAN WELL 2 GROUNDWATER 0.770 0.770 0.000 C 12/31/1972 12/31/1941 2 8101 SIGMAN WELL 3 GROUNDWATER 0.880 0.880 0.000 C 12/31/1972 12/31/1941 2 8102 SIMMONS WELL 1 GROUNDWATER 0.056 0.056 0.000 C 12/31/1972 01/07/1949 1 8359 SITES DITCH ST VRAIN CREEK 3.800 3.800 0.000 C 03/13/1907 04/01/1868 5 887 SIVERLY SEEPAGE DITCH DRAINAGE 0.500 0.500 0.000 C 02/25/1971 11/07/1960 5 888 SKELLEY OIL WELL 1-13774 GROUNDWATER 0.485 0.485 0.000 C 12/31/1972 12/31/1946 2 8111 SKELLEY OIL WELL 2-13775 GROUNDWATER 0.485 0.485 0.000 C 12/31/1972 12/03/1956 2 8112 SLATER PL A DRAINAGE 2.800 1.800 1.000 C 02/25/1971 06/01/1944 5 889 SLATER PL B DRAINAGE 2.800 1.800 1.000 C 02/25/1971 06/01/1944 5 890 SLATER TILE DRAIN A DRAINAGE 2.800 1.800 1.000 C 02/25/1971 06/01/1944 5 891 SLATER TILE DRAIN B DRAINAGE 2.800 1.800 1.000 C 02/25/1971 06/01/1944 5 892 SMITH WELL 1 GROUNDWATER 0.110 0.110 0.000 C 12/31/1972 03/04/1922 2 8120 SMITH WELL 13598 GROUNDWATER 1.000 1.000 0.000 C 12/31/1972 08/01/1936 64 6254 SNYDER CREEK DITCH SNYDER CREEK 1.100 1.100 0.000 C 05/18/1918 07/08/1884 23 1029 SOSEY DITCH N F ST VRAIN CREEK 2.000 2.000 0.000 C 03/13/1907 05/01/1877 5 514 SPA LIVING WELL 1-14772 GROUNDWATER 2.110 2.110 0.000 C 12/31/1972 05/23/1946 2 8151 SPECHT WELL 13393-F GROUNDWATER 1.440 1.440 0.000 C 12/31/1970 12/31/1922 1 8426 SPRATLEN WELL 1 GROUNDWATER 1.240 1.240 0.000 C 12/31/1972 02/01/1957 2 8155 SPRATLEN WELL 3 GROUNDWATER 2.670 2.670 0.000 C 12/31/1972 01/15/1954 2 8156 SPRATLEN WELL 31 GROUNDWATER 1.270 1.270 0.000 C 12/31/1972 12/31/1933 2 8157 SPRATLEN WELL 32 GROUNDWATER 0.688 0.688 0.000 C 12/31/1972 12/31/1931 2 8158 SPRATLEN WELL 33 GROUNDWATER 1.020 1.020 0.000 C 12/31/1972 12/31/1933 2 8159 SPRATLEN WELL 4 GROUNDWATER 1.630 1.630 0.000 C 12/31/1972 02/01/1957 2 8160 SPRING & PINESCAPE PL 2 SPRING 0.270 0.270 0.000 C 02/25/1971 09/28/1960 5 900 SPRING CREEK DITCH ST VRAIN CREEK 1.700 1.700 0.000 C 06/02/1882 06/01/1872 5 899 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
ST VRAIN GOLD HILL DITCH S F ST VRAIN CREEK 2.000 2.000 0.000 C 06/02/1882 10/25/1863 5 902 STANDLEY FLUME PL SOUTH CLEAR CREEK 200.000 200.000 0.000 C 10/09/1914 08/01/1861 7 670 STANDLEY FLUME PL SOUTH CLEAR CREEK 120.000 120.000 0.000 C 10/09/1914 12/31/1879 7 670 STRATTON WELL 1-16165-F GROUNDWATER 1.220 1.220 0.000 C
December Resume -67-
12/31/1973 04/15/1972 1 8516 STRATTON WELL 16797-F GROUNDWATER 1.780 1.780 0.000 C 12/31/1973 04/30/1973 1 8524 STROH FIELD DRAIN DRAINAGE 0.880 0.880 0.000 C 12/31/1981 09/30/1980 5 912 SUNKEN LAKE CANAL GREASEWOOD RAVINE 72.200 72.200 0.000 C 01/15/1914 05/13/1909 1 600 TASHIRO WELL 1-1926 GROUNDWATER 0.480 0.480 0.000 C 12/31/1972 12/31/1946 2 8300 TEST W 1 GROUNDWATER 1.330 1.330 0.000 C 12/31/1972 12/31/1924 2 8314 THIMMING WELL 2 GROUNDWATER 0.277 0.277 0.000 C 12/31/1972 08/01/1954 2 8324 THOMA WELL 6-6454F GROUNDWATER 0.022 0.022 0.000 C 12/31/1972 05/01/1965 1 8619 THOMA WELL 7-6205F GROUNDWATER 0.350 0.350 0.000 C 12/31/1972 10/10/1964 1 8620 THOMAS J MOLLOY DITCH BEAVER CREEK 55.000 55.000 0.000 C 01/15/1914 02/07/1882 1 535 TITUS GOYN DITCH DRY CREEK 6.420 6.420 0.000 C 06/02/1882 04/01/1878 5 923 TOWER WELL 1-5928-F GROUNDWATER 0.380 0.380 0.000 C 12/31/1972 12/30/1972 2 8372 TRACY WELL 1 GROUNDWATER 1.330 1.330 0.000 C 12/31/1972 03/21/1955 2 8378 TROWEL DITCH SOUTH PLATTE RIVER 90.000 90.000 0.000 C 01/15/1914 12/27/1900 1 524 TUKE RES DITCH BADGER CREEK 34.440 34.440 0.000 C 01/15/1914 05/01/1906 1 541 TUTTLE WELL 1-10573 GROUNDWATER 2.440 2.440 0.000 C 12/31/1972 04/13/1940 1 8671 TWIN LAKES RES UNNAMED CREEK 460.000 182.000 278.000 A 04/22/1922 10/17/1904 3 3684 TWO AMERICAN SISTERS PL SOUTH CLEAR CREEK 80.000 80.000 0.000 C 10/09/1914 06/04/1906 7 685 TWO AMERICAN SISTERS RES SOUTH CLEAR CREEK 371.680 371.680 0.000 A 10/09/1914 06/04/1906 7 684 ULIBARRI W 1-14570 GROUNDWATER 1.110 1.110 0.000 C 12/31/1972 06/30/1940 2 8467 ULLERY DITCH STEELE GULCH 2.900 2.900 0.000 C 06/02/1882 07/01/1874 5 925 UNION DITCH SOUTH PLATTE RIVER 84.030 28.030 56.000 C 04/28/1883 11/02/1881 2 828 UNION DITCH SOUTH PLATTE RIVER 183.000 23.000 160.000 C 08/02/1918 06/23/1898 2 828 UNION PACIFIC RR WELL 1 GROUNDWATER 0.100 0.100 0.000 C 12/31/1972 12/31/1937 1 5365 UNION PACIFIC RR WELL 1 GROUNDWATER 0.133 0.133 0.000 C 12/31/1972 12/31/1939 1 5365 UNITED DITCH 1 DRY CREEK 17.330 17.330 0.000 C 06/01/1926 01/01/1877 5 926 VALLEY DITCH LONE TREE CREEK 6.000 6.000 0.000 C 01/15/1914 06/15/1895 1 658 VALLEY DITCH LONE TREE CREEK 1.000 1.000 0.000 C 11/21/1895 05/08/1888 1 658 VAUGHN WELL R-14165 GROUNDWATER 0.800 0.800 0.000 C 12/31/1972 09/20/1923 2 8451 VINCENT WELL 2-1115 GROUNDWATER 0.352 0.352 0.000 C 12/31/1972 06/30/1938 2 8458 W R BLOWER DITCH 1 LITTLE THOMPSON CR 17.628 17.628 0.000 C 05/28/1883 05/01/1876 4 603 W R BLOWER DITCH 1 LITTLE THOMPSON CR 27.300 7.300 20.000 C 05/28/1883 04/01/1869 4 603 WADLIN LUNT DITCH OWL CREEK 0.000 0.000 0.000 C 11/21/1895 08/28/1888 1 845 WAGNER WELL 1307 GROUNDWATER 1.330 1.330 0.000 C 12/31/1971 05/31/1935 2 8476
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WAHL DITCH KIOWA CREEK 23.000 23.000 0.000 C 01/15/1914 12/14/1905 1 590 WAITT RES PIPELINE N FK SOUTH CLEAR CR 35.000 35.000 0.000 C 10/09/1914 12/31/1865 7 696 WALCZYK WELL 1-03161-F GROUNDWATER 1.330 1.330 0.000 C 12/31/1978 05/19/1961 1 8777 WALDORF PIPELINE LEAVENWORTH CREEK 0.800 0.800 0.000 C 10/09/1914 10/01/1903 7 697 WARD RES NO 5 BEAR CREEK 63.160 62.950 0.210 A 09/24/1935 02/28/1889 9 4328 WASHITA DITCH COMANCHE CREEK 17.820 17.820 0.000 C 01/05/1922 05/28/1907 1 595 WASSMAN DITCH EAST BIJOU CREEK 14.000 14.000 0.000 C 01/15/1914 05/18/1906 1 559 WATSON WELL 5-10943-F GROUNDWATER 1.777 1.777 0.000 C 12/31/1972 05/02/1930 2 8506 WEBSTER DITCH BOX ELDER CREEK 5.200 5.200 0.000 C 04/22/1922 03/15/1888 3 1121 WEISBART 10-10169 GROUNDWATER 0.550 0.550 0.000 C 12/31/1972 01/31/1957 1 8863 WEISBART WELL 1-10161 GROUNDWATER 0.450 0.450 0.000 C 12/31/1972 08/25/1956 1 8865 WEISBART WELL 11-10170 GROUNDWATER 0.220 0.220 0.000 C 12/31/1972 09/24/1956 1 8868 WEISBART WELL 12-10171 GROUNDWATER 0.980 0.980 0.000 C 12/31/1972 06/30/1956 1 8869 WEISBART WELL 13-16379 GROUNDWATER 0.980 0.980 0.000 C 12/31/1972 07/15/1963 1 8870 WEISBART WELL 14-17773 GROUNDWATER 0.100 0.100 0.000 C 12/31/1972 03/19/1963 1 8871 WEISBART WELL 15-3996F GROUNDWATER 0.980 0.980 0.000 C 12/31/1972 03/19/1963 1 8872 WEISBART WELL 2-10162 GROUNDWATER 0.200 0.200 0.000 C 12/31/1972 11/30/1956 1 8878 WEISBART WELL 3-10163 GROUNDWATER 0.160 0.160 0.000 C 12/31/1972 04/19/1954 1 8884 WEISBART WELL 4-10164 GROUNDWATER 0.490 0.490 0.000 C 12/31/1972 01/31/1954 1 8885 WEISBART WELL 5-10165 GROUNDWATER 1.020 1.020 0.000 C 12/31/1972 10/31/1953 1 8886 WEISBART WELL 7-10167 GROUNDWATER 0.220 0.220 0.000 C 12/31/1972 08/31/1955 1 8888 WEISBART WELL 8-10168 GROUNDWATER 0.440 0.440 0.000 C 12/31/1972 02/28/1957 1 8889 WEISBART WELL 9-2042F GROUNDWATER 0.220 0.220 0.000 C 12/31/1972 11/18/1958 1 8894 WENDT WELL 1 GROUNDWATER 2.220 2.220 0.000 C 12/31/1972 04/28/1955 64 6518 WERNER WELL 015581 GROUNDWATER 2.550 2.550 0.000 C 12/31/1972 04/30/1955 1 8926 WESTON DITCH BEAVER CR TR MF S PL 31.450 10.000 0.000 C 10/18/1889 05/16/1882 23 771 WILD HORSE RES 1 DRAINAGE 617.690 617.690 0.000 A 06/29/1925 11/19/1908 1 4105 WILD HORSE RES 8 DRAINAGE 12.730 12.730 0.000 A 06/29/1925 01/14/1909 1 4106 WILLIAM H DICKENS DITCH DRY CREEK 2.000 2.000 0.000 C 10/21/1902 11/01/1882 5 933 WILLIAMS DITCH DRY CREEK SOUTH 8.280 8.280 0.000 C 11/14/1939 04/25/1906 4 586 Division Engineer Revised Abandonment List Decemb
Structure Name Source Stream Decreed Abandoned Remaining U Adjudication Appropriation WD ID Amount Amount Amount Date Date
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WILLIAMS DITCH 1 ANTELOPE CREEK 2.000 2.000 0.000 C 12/31/1973 01/01/1973 1 850 WILLIAMS MCCREERY O D SAN ARROYA CREEK 100.000 100.000 0.000 C 01/15/1914 06/22/1908 1 851 WILSON PIPELINE NO 1 O'BRIEN GULCH 0.500 0.500 0.000 C 09/28/1953 12/18/1917 6 675 WINNER DITCH DRY CREEK 4.000 4.000 0.000 C 03/13/1907 02/27/1904 5 935 WRIGHT WELL 1 GROUNDWATER 1.333 1.333 0.000 C 12/31/1972 03/31/1945 1 9065 WYLIE LIGHT FOLLMANN D BEAVER CREEK 27.500 27.500 0.000 C 01/15/1914 12/22/1895 1 531
2001CW274 Varra Companies, Inc., and Land, Inc. & Pasquale & Jacqueline Varra, Frederick A. Fendel, III , PETROCK & FENDEL, P.C.,1630 Welton Street, Suite 200, Denver, Colorado 80202, APPLICATION FOR CONDITIONAL DIRECT FLOR AND STORAGE WATER RIGHTS, IN WELD COUNTY. Applicant address, Varra Companies, Inc., Sand Land, Inc., Pasquale & Jacqueline Varra,12910 WCR 13, Longmont, CO 80504, (303) 666-6657; 2. Names of structures: A.VCI Godding Ditch Diversion from Idaho Creek, B.VCI Rural Ditch Diversion from Boulder Creek, C. VCI Rural Ditch Diversion from Idaho Creek, D.VCI Godding Hollow Diversion, E.VCI Last Chance Ditch Diversion, F. 112 Reservoir, G.Del Camino Reservoir, H.Dakolios Reservoir, I.Von Ohlen Reservoir, J.Kurtz Reservoirs 3.Legal descriptionsA. Points of diversion and locations of dams: i.VCI Godding Ditch Diversion from Idaho Creek is in the SW quarter, sec. 21, T2N, R68W, 6th PM, approximately 900 feet east of the west section line and 2400 feet north of the south section line.ii.VCI Rural Ditch Diversion from Boulder Creek is in the northeast quarter of Section 20, T. 2 N., R. 68 W, 6th P.M., Weld County, Colorado, at a point that is located approximately 1,400 feet west of the east section line of said Section 20 and approximately 2,275 feet south of the north section line of said Section 20.iii VCI Rural Ditch Diversion from Idaho Creek is in the southeast quarter of Section 16, T. 2 N., R. 68 W, 6th P.M. at a point that is located approximately 420 feet west of the east section line of said Section 16 and approximately 1,300 feet north of the south section line of said Section 16.ivVCI Godding Hollow Diversion from Godding Hollow is in the southwest quarter of the northwest quarter of Section 1, T. 2 N., R. 68 W, 6th P.M. at the intersection of the Rural Ditch and Godding Hollow and is located at a point approximately 500 feet east of the west section line of said Section 1 and approximately 2,500 feet south of the north section line of said Section 1.vVCI Last Chance Ditch Diversion from St. Vrain Creek is in the southeast quarter of the NW 1/4 of Section 3, T. 2 N., R. 68 W, 6th P.M. approximately 1,900 feet south of the north section line of said Section 3 and approximately 1,900 east of the west line of said Section 3.viThe 112 Reservoir will be in the west half of Section 2, T. 2 N., R. 68 W, 6th P.M., Weld County, Colorado. The center of the reservoir will be located approximately 2,600 feet west of the east section line of said Section 2 and approximately 1,300 feet north of the south section line of said Section 2.viiThe Del Camino Reservoir will be in the northwest quarter of Section 31, T. 3 N., R. 67 W, 6th P.M., Weld County, Colorado. The center of the reservoir will be located approximately 1,230 east of the west section line of said Section 31 and approximately 1,500 feet south of the north section line of said Section 31.viiiThe Dakolios Reservoir will be in the southwest quarter of Section 31, T. 3 N., R. 67 W, 6th P.M., Weld County, Colorado. The center of the reservoir will be located approximately 1,230 east of the west section line of said Section 31 and approximately 1,400 feet north of the south section line of said Section 31.vixVon Ohlen Reservoir will be the southeast quarter of Section 31, T. 3 N., R. 67 W, 6th P.M., Weld County, Colorado. The center of the reservoir will be located approximately 1,800 west of the east section line of said Section 31 and approximately 1,400 feet north of the south section line of said Section 31.xThe Kurtz Reservoirs will be in the west half of Section 28, T. 3 N., R. 67 W, 6th P.M., Weld County, Colorado. The center of the reservoir will be located approximately 2,000 feet south of the north section line of said Section 26 and approximately 1,300 feet east of the west section line of said Section 26.,B. Ditch or ditches used to fill reservoirs: All reservoirs: Godding Ditch and Rural Ditch. Alternate ditch for the Del Camino, Dakolios, Von Ohlen, and Kurtz Reservoirs: Last Chance Ditch. Map 1 depicts these diversion systems. If insufficient capacity is available in any of these structures, they will be enlarged after appropriate arrangements are made with the ditch companies. If these arrangements can not be made, new structures will be constructed. Water tributary to the three reservoirs will also be used to fill the reservoirs. 4.Source:All reservoirs and direct diversions: Boulder
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Creek, Idaho Creek, and Godding Hollow. Alternate source for the Del Camino, Dakolios, Von Ohlen, and Kurtz Reservoirs: St. Vrain Creek. Water tributary to the reservoirs will be used directly or retained in the reservoirs when the water rights decreed herein are in-priority or by exchange for releases from any or all of the reservoirs or any or all of the direct flow sources. 5. Initiation of appropriation: A.Priority Date: For VCI Godding Hollow Diversion - September 8, 2000. For all other appropriations - August 10, 2001. B. How appropriation was initiated: Adoption of corporate resolution evidencing intent to appropriate and actions sufficient to be a substantial step and put third parties on notice, including posting notices at the diversion and storage locations, engineering field work, discussion of plans with various water entities, commencement and continuation of mining. C.Date Water Applied to Beneficial Use:NA 6.Amounts claimed:A.VCI Godding Ditch Diversion from Idaho Creek - 90 cfs conditional for direct flow and filling rate for storageB.VCI Rural Ditch Diversion from Boulder Creek - 90 cfs conditional for direct flow and filling rate for storageC.VCI Rural Ditch Diversion from Idaho Creek - 90 cfs conditional for direct flow and filling rate for storageD. VCI Godding Hollow Diversion - 10 cfs conditional for direct flow and filling rate for storageE.VCI Last Chance Ditch Diversion - 100 cfs conditional for direct flow and filling rate for storageF.112 Reservoir - 2,000 acre-feet with two refills conditional for storage in one or more structuresG.Del Camino Reservoir - 1200 acre-feet with two refills conditional for storage in one or more structures;H.Dakolios Reservoir - 1,900 acre-feet with two refills conditional for storage in one or more structuresIVon Ohlen Reservoir - 1,300 acre-feet with two refills conditional for storage in one or more structures JKurtz Reservoirs - 4,000 acre-feet conditional with two refills for storage in one or more structures KWater tributary to properties - 190 cfs conditional for direct flow and filling rate for storage; 7.Proposed uses: industrial, commercial, municipal, domestic, piscatorial, fishing, fish culture and propagation, livestock watering, wildlife, aesthetic, recreation, irrigation, directly, after storage, by exchange, or by augmentation, replacement and as a source of substitute supply. Water will also be used for gravel and rock product processing requirements during the time that the sites are mined for rock products. The water will be used, in part, to replace evaporation from exposed groundwater at these and other sites. The water may be fully consumed.8. Surface area of high water line:Reservoir Surface Area, acres112,67.8Del Camino,65.2,Dakolios75.0,VonOhlen 50.0,Kurtz 157.9, TOTAL 415.9 A. Maximum height and length of dam in feet: These will be lined gravel pits so no dams will be built.9 . Total capacities of reservoirs:Reservoir Active Capacity, a-f,Dead Storage, a-f 112 2,000, 0,Del Camino,1,200,0,Dakolios,1,900,0Von Ohlen,1,300,0,Kurtz 4,000,010. Name(s) and address(es) of owner(s) of land on which structure(s) for the water rights are located, to the best of Applicant’s knowledge:VCI Godding Ditch Diversion from Idaho Creek - Stromquist Farms, 12189 Oxford Rd, Longmont, Co 80501,VCI Rural Ditch Diversion from Boulder Creek:North side - Stromquist Farms, 12189 Oxford Road, Longmont, CO 80501,South side - Williams Family Farm, LLC, 8876 West Rogers Road, Longmont, CO 80503,VCI Rural Ditch Diversion from Idaho Creek: Jack L. Olberding, et al., 7251 WCR 3 1/4, Longmont, CO 80502,VCI Godding Hollow Diversion: Booth Brothers, 5065 WCR 24, Longmont, CO 80504,VCI Last Chance Diversion: Gerald L. Bacon & Sheryl Lynn Olander, 11994 WCR 7, Longmont, Co 80504,112 Reservoir, Dakolios Reservoir, Kurtz Reservoirs, Von Ohlen Reservoir: Applicants,11.Remarks: The gravel pits will be lined in compliance with the State Engineer’s guidelines for controlling inflow of ground water.
2001CW275 CITY OF LONGMONT, c/o Ken Huson, Water Resources Engineer, Utilities Service Center, 1100 South Sherman Street, Longmont, Colorado 80501, (303) 572-0719, [c/o Raymond L. Petros, Jr., Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518, (303) 825-1980]. Application for Water Right (Recreational In-Channel Diversion) in St. Vrain Creek and its Tributaries, in Boulder County. 2. NAME OF STRUCTURES: City of Longmont White Water Course (a.k.a. “White Water Heaven”), which will consist of approximately five (5) individual physical control structures. For ease of administration the individual control structures are collectively referred to as the City of Longmont White Water Course. 3. LEGAL DESCRIPTION OF EACH POINT OF DIVERSION: The City of Longmont White Water Course will be located in the proposed Dickens Park, within the St. Vrain River Greenway, which is owned by the City of Longmont. The White Water Course will consist of approximately five (5) physical control structures, each designed to divert, capture, and control water between specific points, for the beneficial use of a recreation experience in and on the water. The exact location of the physical control structures will not be known until final design and construction is completed, but they will generally lie within the channel of St. Vrain Creek, over a reach extending approximately a quarter-mile, beginning at the Bonus Ditch Diversion Dam, located at point from where
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the Northeast corner of Section 10, Township 2 North, Range 69 West of the 6th P.M. bears North 23Ε30' 4" West a distance of 2041.05 feet; and extending to a point on the East line of Section 10, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. Page 25 of the St. Vrain Greenway Master Plan, showing the general location and initial design of the White Water Course, is attached to this application as Exhibit A. 4. SOURCE: St. Vrain Creek. 5. A) DATE OF APPROPRIATION: July 10, 2001. B) HOW APPROPRIATION WAS INITIATED: The appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, specifically the Longmont City Council’s approval of the St. Vrain Master Plan, East Corridor Update, on July 10, 2001. 6. AMOUNT CLAIMED: The City of Longmont requests approval of conditional water rights in the following amounts (rate of flow - c.f.s.): January 68 February 72 March 95 April 291 May 765 June 1020 July 309 August 327 September 204 October 133 November 104 December 92 7. USE OR PROPOSED USE: Boating (including kayaking, rafting and canoeing), piscatorial, wildlife, and general recreational use. 8. NAME AND ADDRESS OF OWNER OF LAND ON WHICH POINTS OF DIVERSION AND PLACE OF USE(S) IS (ARE) LOCATED: City of Longmont, c/o Mr. Ken Huson, Water Resources Engineer, Utilities Service Center, 1100 S. Sherman Street, Longmont, Colorado 80501. 9. REMARKS: The City of Longmont is a municipality incorporated in the State of Colorado. Pursuant to § 37-92-102(5), C.R.S. (2001), within 30 days of filing this application, Longmont will submit a copy of the application to the Colorado Water Conservation Board (“CWCB”) for review. (5 pages, 1 exhibit page)
2001CW276 (C/R 85CW314), Centennial Water and Sanitation District, 62 W. Plaza Drive, Highlands Ranch, Colorado 80129, (303) 791-0430, (Veronica A. Sperling and Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P. C., P. O. Box 1440, Boulder, Colorado 80306-1440, (303) 443-8782). Application for Finding of Reasonable Diligence, IN DOUGLAS AND JEFFERSON COUNTIES. 2. Name of structure: Fairview Ditch; Fairview Reservoir and Enlargement; Fairview Reservoir #2; Chatfield Reservoir. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: April 25, 1989. Case No.: 85CW314. Court: District Court, Water Division No. 1. Judgment and Decree Finding Reasonable Diligence entered December 5, 1995, in Case No. 95CW079, District Court, Water Division No. 1. B. Locations: (1) Fairview Ditch, Fairview Reservoir and Enlargement, Fairview Reservoir #2: The point of diversion for direct flow irrigation and other uses and to fill the Fairview Reservoir and Enlargement and Fairview Reservoir #2 is the Fairview Ditch located at a point more particularly described as seven (7) rods west of the east line of the SE¼ of the SW¼ of Section 4, Township 6 South, Range 69 West, of the 6th P.M., Douglas County, Colorado. (2) Chatfield Reservoir: The point of diversion for storage in Chatfield Reservoir is Chatfield Reservoir itself located approximately 8 miles southwest of the City and County of Denver, on the mainstem of the South Platte River. The right abutment of Chatfield Dam is located in Douglas County, in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M.; and the left abutment of Chatfield Dam is located in Jefferson County, in Section 1, Township 6 South, Range 69 West, of the 6th P.M. C. Source of Water: Deer Creek, tributary to the South Platte River. D. Appropriation date: May 9, 1985, Amounts: Fairview Ditch: 12.6 cfs CONDITIONAL; Fairview Reservoir and Enlargement: 195 acre-feet CONDITIONAL; Fairview Reservoir #2: 150 acre-feet CONDITIONAL; Chatfield Reservoir: 2,500 acre-feet CONDITIONAL. The combined diversions under the direct flow right for the Fairview Ditch and under the storage rights for Fairview Reservoir and Enlargement and Fairview Reservoir #2 shall not exceed 15 cfs
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at the headgate of the Fairview Ditch described above in paragraph 3.B.(1). E. Uses: Irrigation, municipal, augmentation, recreation, domestic, and industrial. 4. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant, Centennial Water and Sanitation District (“Centennial”), acquired the subject conditional water rights from First City Realty Investment Corp. (“First City”), on May 28, 2001. During the portion of the diligence period which occurred prior to May 28, 2001, First City engaged in the legal defense and protection of the subject conditional water rights and continued in the development and maintenance of the overall water supply system for the project for which the subject conditional water rights were appropriated. In December, 1997, First City entered into an Amended and Restated Agreement Concerning Development of Chatfield Green Subdivision with the Chatfield Green Metropolitan District, Chatfield Green Master Homeowner’s Association and Denver Botanic Gardens, Inc. In December, 1997, First City also conveyed 2.4 cfs out of the original 15 cfs of the conditional water right for the Fairview Ditch to Denver Botanic Gardens, Inc. During the portion of the diligence period which occurred prior to May 28, 2001, First City also continued to engage in efforts to obtain reallocation of storage space in Chatfield Reservoir from flood control to multipurpose use, including municipal storage. First City participated in reallocation discussions and activities with the U.S. Army Corps of Engineers and the Colorado Water Conservation Board concerning the reallocation process. The Legislature in 1997 authorized use of up to $300,000 from the CWCB construction fund to cooperate with the COE, Urban Drainage, interested local governments and other water users in a reconnaissance study for the potential reallocation of flood control storage space to municipal water supply storage in Chatfield Reservoir. In 1998, the Legislature authorized use of up to $500,000 from the CWCB construction fund to cooperate with the COE, Urban Drainage, interested local governments and other water users in a feasibility study for the potential reallocation of flood control storage space to municipal water supply storage in Chatfield Reservoir. Expenditure of these funds was contingent upon execution of a cost share agreement for funding and implementation of a formal feasibility study. The CWCB has executed a Feasibility Cost-Share Agreement with the COE and has placed Simons and Associates, Fort Collins, Colorado, under contract as the study contractor. The total cost of the feasibility study (referred to as the Chatfield Reservoir Reallocation Study) is $1,984,684. In 2000, the Legislature authorized the use of an additional $80,000 from the CWCB construction fund to continue development of the Chatfield Reservoir Reallocation Study by contracting with a consulting firm to complete a storage use pattern investigation and for additional field surveys and topographic mapping of the South Platte River. The Chatfield Reservoir Reallocation Study is presently scheduled for completion by September 30, 2003. In addition, during the portion of the diligence period prior to May 28, 2001, First City reviewed the Water Court resume to determine if applications had been filed which might adversely affect the subject conditional water rights, and continued its participation as an opposer in Case No. 94CW012 to ensure that the application would not be granted without terms and conditions necessary to protect the subject conditional water rights from injury. Since the date of acquisition of the subject conditional water rights, Centennial has taken the following actions toward completion of the subject conditional water rights and toward developing alternatives for integrating the subject conditional water rights into its overall water supply system: (1) Acquisition and installation of flow measurement devices at the Fairview Ditch headgate area and wasteway at an equipment and installation expense of $8,764; (2) Negotiations with facility users (Trailmark Metropolitan District, Denver Botanic Gardens, and Jefferson County Open Space) regarding development of an agreement for the cooperative operation and maintenance of facilities, including two meetings, numerous telephone calls and e-mails; (3) Assisted the State Engineer to develop a cooperative arrangement for the installation and operation of a new stream gage on Deer Creek for the administration of the subject conditional water rights; (4) Engineering assessment of the need for equipment, new cooperative
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agreements and an operations plan for the future use of the subject conditional water rights, at an estimated expense of $2,000; (5) Survey of capacity of Fairview Reservoir at a cost of $1,315; (6) Attendance at five meetings concerning the Chatfield Reservoir Reallocation Study. 5. If claim to make absolute - Water applied to beneficial use: Not applicable. (5 pages).
2001CW277 JOHN C. AND THERESA JEHN-DELLAPORT, 8022 E. Bucknell Place, Denver, CO 80231. Application for Underground Water Right, IN DENVER COUNTY. Wells are not planned at this time-Adjudication Application only. Property legal description: Lot 10, Block 1, Hutchinson Hills Filing No. 22, SE1/4NW1/4, S33, T4S, R67W, 6th P.M., comprising of approximately 0.125 acres. Source: Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills. Amount claimed: 100 each aquifer. Proposed use: 0.03 acres historically irrigated, 0.03 acres proposed to be irrigated in the SE1/4NW1/4, S33, T4S, R67W, 6th P.M. Remarks: This application is being filed to adjudicate the non tributary ground water underlying the described property in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers for the amount listed below: Denver 0.04 af/yr; Upper Arapahoe 0.01 af/yr; Lower Arapahoe 0.02 af/yr; Laramie-fox Hills 0.04 af/yr (2 pages)
2001CW278 JAMES L. AND MARY CAROL JEHN, TRUSTEES OF THE JAMES L. JEHN AND MARY CAROL LIVING TRUST, . 2810 E 7th Ave. Parkway, Denver, CO 80206. Application for Underground Water Right, IN DENVER COUNTY. Wells are not planned at this time-Adjudication Application only. Property legal description: Lots 4, 5, 6 and 7, Block 2, Capital Heights City and County of Denver , NE1/4SW1/4, S1, T4S, R68W, 6th P.M., comprising of approximately 0.36 acres. Source: Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills. Amount claimed: 100 each aquifer. Proposed use: 0.25 acres historically irrigated, 0.25 acres proposed to be irrigated in the NE1/4SW1/4, S1, T4S, R68W, 6th P.M. If non-irrigation describe purpose fully: Domestic, aesthetic, augmentation, reuse. Remarks: This application is being filed to adjudicate the non tributary ground water underlying the described property in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers for the amount listed below: Denver 0.10 af/yr; Upper Arapahoe 0.06 af/yr; Lower Arapahoe 0.06 af/yr; Laramie-fox Hills 0.11 af/yr (2 pages)
2001CW279 GREG MORRIS, 1145 Adams Street Denver, CO 80206. Application for Underground Water Right, IN DENVER COUNTY. Wells are not planned at this time-Adjudication Application only. Property legal description: Capital Ave., Sub B232 L31 City and County of Denver , SW1/4NE1/4, S1, T4S, R68W, 6th P.M., comprising of approximately 0.07 acres. Source: Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills. Amount claimed: 100 each aquifer. Proposed use: 0.03 acres historically irrigated, 0.03 acres proposed to be irrigated in the SW1/4NE1/4, S1, T4S, R68W, 6th P.M. If non-irrigation describe purpose fully: Domestic, aesthetic, augmentation, reuse. Remarks: This application is being filed to adjudicate the non tributary ground water underlying the described property in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers for the amount listed below: Denver 0.02 af/yr; Upper Arapahoe 0.01 af/yr; Lower Arapahoe 0.01 af/yr; Laramie-fox Hills 0.02 af/yr (2 pages)
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2001CW 280 Jimmie and Mary Kinnison, 24212 WCR 43, LaSalle, CO 80645, (970) 284-5722 (P. Andrew Jones, Lind, Lawrence & Ottenhoff LLP, 1011 11th Avenue, Greeley, CO 80631; (970)353-8819); Application for Underground Water Rights. IN WELD COUNTY 2. Name of Structure: Kinnison Domestic Well, Permit m 135161, a. Legal Description: In the SW 1/4 of the SW ¼, Section 34, Township 5 North, Range 65 West of the 6th P.M. b. Source: Tributary alluvium. c. Depth: 40 feet. d. Date of Appropriation: January 1, 1947. e. How Appropriation Was Initiated: Well drilled. f. Amount Claimed: 15 g.p.m., absolute. g. Use: Ordinary household purposes inside one single family dwelling, fire protection, watering of domestic animals and irrigation of not more than one acre of lawn and garden in the SW 1/4 Section 34, Township 5 North, Range 65 West of the 6th P.M. 3. Name and address of owner upon which structures are located: Jimmie and Mary Kinnison, 24212 WCR 43, LaSalle, CO 80645, (970) 284-5722.
2001CW281. ASPHALT PAVING COMPANY, 14802 West 44th Avenue, Golden, Colorado 80403, 303-279- 6611. (Wendy S. Rudnik, Jeffrey J. Kahn, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900). APPLICATION FOR WATER STORAGE RIGHT IN ADAMS AND WELD COUNTIES. 2. Name of Reservoir: Wattenberg West Reservoir. 3. Legal Description: S ½ of NW ¼ of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado. 4. Points of Diversion: A. Brighton Ditch Headgate: The Brighton Ditch headgate is located on the west bank of the South Platte River in the SE ¼ of the SE ¼ of the SE ¼, Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. B. Wattenberg Reservoir Pump Station: On the west bank of the South Platte River in the NW ¼, Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. C. Wattenberg Pipeline: On the west bank of the South Platte River in the NE ¼, Section 1, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 5. Source: South Platte River. 6. A. Date of appropriation: October 14, 2000. B. How appropriation was initiated: Entry into agreement with the Brighton Ditch Company for the carriage of water to the reservoir. 7. Amount claimed: 1,850 acre feet active capacity, CONDITIONAL, at rates as follows: A. From the Brighton Ditch: 60 cfs. B. Wattenberg Reservoir Pump Station: 30 cfs. C. Wattenberg Pipeline: 300 cfs. 8. Uses: A. Augmentation, including replacement of evaporation from gravel pits owned or operated by Applicant; irrigation as described below; industrial use in gravel mining operations owned or operated by Applicant; on-site recreation, fish propagation, wildlife habitat, and dust suppression; municipal use; and replacement and exchange for the above-referenced uses. Any augmentation or replacement use may only occur under a separate decreed augmentation plan or State Engineer approved substitute supply plan. B. Lands to be irrigated directly or by exchange include: (1) 55 acres located in the N ½ NW ¼ of Section 25, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. (2) 45 acres located in the S ½ of the NW ¼ of Section 25, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 9. Surface area of the high water line water: 73.75 acres. 10. Maximum Depth of Reservoir: 35 feet. 11. Names and addresses of owners of land on which structures of the water right are located: Reservoir, Wattenberg Reservoir Pump Station – Applicant; Brighton Ditch – Brighton Ditch Company, c/o George Stieber, Secretary, 11553 Weld County Road 6, Fort Lupton, CO 80621; Wattenberg Pipeline – City of Westminster, 4800 West 92nd Ave., Westminster, CO 80030.
2001CW282 West Wind Ranch, LLC, c/o Kevin Souders, 8905 Woodland Rd., Longmont, CO 80503. Application for Water Rights, IN BOULDER COUNTY. The beginning of West Wind Ranch Seep Ditch is located 150' north of the southwest corner of Section 8, T3N, R69W of the 6th P.M. Source: Surface runoff, tail water from Highland Ditch, and seepage, all originating from Applicant’s property or property owned by Brand and Co. located immediately west of Applicant’s property. Appropriation: August 1, 1964. Amount claimed: 4 cfs. Proposed use: Irrigation of 40.497 acres in the SW¼ of SW¼ of Section 8, T3N, R69W of the 6th P.M., and livestock watering. Remarks: West Wind Ranch Seep Ditch begins at the west boundary of Applicant’s property and flows easterly across Applicant’s property. Applicant and Applicant’s predecessors in title have a history of beneficial use of the water from the ditch since prior to 1964. (3 pages)
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2001CW283 PIONEER WATER AND IRRIGATION, INC. (Michael D. Shimmin, Esq. 1720 14th St., #200, Boulder, CO 80302) Application for Water Rights, Including Direct Flow, Storage, Ground Water Recharge, and Augmentation, IN MORGAN COUNTY.
1. Name, Mailing Address, Telephone Number of Applicant:
Pioneer Water and Irrigation, Inc. P. O. Box 1218 Fort Morgan, CO 80701 (970) 867-3054
2. Name of structures:
A: Tremont and Smith-Snyder Canals
B: Peterson Recharge Areas and Walker East Recharge Pond as listed and described in paragraph 3.B., below.
3. Legal description of point of diversion:
A: Water will be diverted from the South Platte River through the Tremont and Smith-Snyder Canals. These are existing ditches which share a common diversion from the South Platte River located in the SE 1/4 of Section 25, T4N, R57W, 6th P.M., Morgan County, Colorado.
B: Water diverted from the South Platte River will be delivered through the Tremont and Smith-Snyder Canals and their laterals to several water storage and ground water recharge areas, located and described as follows:
SOUTH PETERSON RECHARGE AREA
POND/DITCH CAPACITY SURFACE LOCATION DESIGNATION AREA Upper Delivery 3 acre ft. 1.3 acres NW 1/4 Section 27, NE 1/4 Ditch Section 28, T5N, R55W Pond A 82 acre ft. 23.3 acres NW 1/4 Section 27, NE 1/4 Section 28, T5N, R55W Pond B 88 acre ft. 12.3 acres SW 1/4 Section 22, NW 1/4 Section 27, T5N, R55W Pond C 90 acre ft. 35.8 acres W 1/2 Section 27, NE 1/4 Section 28, T5N, R55W Pond D 8 acre ft. 2.8 acres NW 1/4 Section 27, T5N, R55W Pond E 15 acre ft. 5.1 acres NW 1/4 Section 27, T5N, R55W Pond F 10 acre ft. 3.2 acres NW 1/4 Section 27, T5N, R55W Lower Delivery 2 acre ft. 0.8 acres S 1/2 Section 22, T5N, R55W Ditch Pond G 41 acre ft. 9.1 acres SW 1/4 Section 22, T5N, R55W Pond H 23 acre ft. 5.1 acres SW 1/4 Section 22, T5N, R55W Pond I 143 acre ft. 35.7 acres SE 1/4 Section 22, T5N, R55W
The South Peterson Recharge Area is shown on the map attached and incorporated as Exhibit A.
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NORTH PETERSON RECHARGE AREA
POND CAPACITY SURFACE LOCATION AREA Upper Delivery 2 acre ft. 0.8 acres SE 1/4 Section 21, SW 1/4 Ditch Section 22, NE 1/4 Section 28, T5N, R55W Pond J 30 acre ft. 10.1 acres NE 1/4 Section 28, T5N, R55W Pond K 11 acre ft. 3.5 acres SE 1/4 Section 21, T5N, R55W Pond L 4 acre ft. 1.2 acres SE 1/4 Section 21, T5N, R55W Pond M 18 acre ft. 4.6 acres SW 1/4 Section 22, T5N, R55W Lower Delivery 1 acre ft. 0.6 acres W 1/2 Section 22, T5N, R55W Ditch Pond N 32 acre ft. 6.4 acres SW 1/4 Section 22, T5N, R55W Pond O 10 acre ft. 1.9 acres SW 1/4 Section 22, T5N, R55W Pond P 31 acre ft. 10.3 acres Center of Section 22, T5N, R55W
The North Peterson Recharge Area is shown on the map attached and incorporated as Exhibit B.
WALKER EAST RECHARGE POND
POND CAPACITY SURFACE LOCATION AREA Walker East 42 acre ft. 21.2 acres S 1/2 Section 29, NW 1/4 Section Recharge Pond 32, T5N, R55W
The Walker East Recharge Pond is shown on the map attached and incorporated as Exhibit C.
4. Source: South Platte River.
5. Date and manner of initiation of appropriation: December 5, 2001, by adoption of Board Resolution stating intent to appropriate, by entering into agreements with landowners for the recharge sites, by G.P.S. survey of ponds and by posting signs.
6. Amount claimed: 175 c.f.s., at the Tremont and Smith-Snyder Canal Headgate, up to a total annual volume of 6,250 acre feet, conditional.
7. Use or proposed use: The primary use of water will be for recharge and augmentation purposes to replace depletions by wells located within Pioneer's service area by providing supplemental augmentation credits for use in Pioneer's previously decreed company augmentation plan, which is decreed in Case No. 81CW407, Water Court for Water Division 1 (“Pioneer Plan”). This primary use will also include providing supplemental augmentation credits for use in other previously decreed augmentation plans operated by Pioneer shareholders, which have been decreed in Case Nos. 84CW284, 85CW088, 86CW358, 87CW011, 89CW031, 89CW074, 92CW072, and 93CW156, Water Court for Water Division 1. Because it is impossible to match the timing of water availability with the timing of depletions from wells, there may be excess credits generated beyond the needs of the augmentation plans listed above. Any such excess credits may be used for general augmentation purposes either inside or outside of Pioneer's service area in accordance with law, and subject to the approval of the State Engineer or Water Court.
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8. Previously decreed plans and calculation of augmentation credits:
A: Under the previous decree entered in Case No. 81CW407, augmentation water has been recharged to the aquifer at several individual recharge sites and through the Tremont and Smith-Snyder Canals. That decree includes detailed accounting procedures for administering the Pioneer Plan, which has been in operation for approximately 15 years. A primary use of augmentation credits under the Pioneer Plan is to replace depletions caused by wells located within Pioneer's service area. Additionally, some Pioneer shareholders have operated additional augmentation plans using their pro-rated share of augmentation credits from the Pioneer Plan, under the decrees listed in Paragraph 7 above. At times, additional augmentation credits above those provided by 81CW407 will be needed to fully cover all of the wells augmented under the Pioneer Plan and those additional decrees. It is not the intent of this application to amend any of said previous augmentation decrees, but only to add an additional source of augmentation credits.
B: The existing Pioneer Plan is operated pursuant to detailed terms and conditions contained in the decree entered in Case No. 81CW407. These operations include performing detailed calculations of stream accretions, and completing accounting forms which summarize those calculations and the augmentation operations. Pioneer requests the right to incorporate the additional accretions from the ditch seepage losses and the recharge sites described in this Application into the existing accounting procedures so that the Pioneer Plan and this plan will operate in a consistent and unified manner.
C. Under this application, augmentation accretions attributable to recharge at all of the recharge sites described above will be calculated using the accounting procedures in the Pioneer Plan and the SDF values for each recharge site, as listed below. Augmentation accretions attributable to seepage losses within the ditches which were previously decreed above the recharge sites will be calculated by canal reach using the same methodology and values currently used under the Pioneer Plan. New canal reaches for lateral ditches and ponds not decreed in the Pioneer Plan will use the SDF factors listed below. The accounting forms currently used for the Pioneer Plan will be modified slightly to include the accretions attributable to diversion and recharge under this case.
i. SDF values for recharge areas:
SOUTH PETERSON RECHARGE AREA
AREA SDF VALUE Upper Reach 90 days Lower Reach 195 days
NORTH PETERSON RECHARGE AREA
AREA SDF VALUE Upper Reach 155 days Lower Reach 240 days
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WALKER EAST RECHARGE POND
POND SDF VALUE Walker East Pond 120 days
9. Name and address of owner of land on which points of diversion and place of use are located:
A: The Tremont and Smith-Snyder Canal headgate is located on land owned by the State of Colorado acting by and through DNR for the benefit of the Division of Wildlife and Wildlife Commission, 6060 Broadway, Denver, Colorado 80216.
B: The Peterson Recharge Areas are located on lands owned by Gene B. Peterson and Bettie Peterson, as individuals, and B. B. Peterson & Son, Inc., a Colorado Corporation, all of whom have agreements with Pioneer which specifically contemplate the use of the areas as described in this application. The Petersons' address is: 33035 County Road W.7, Snyder, CO 80750.
C: The Walker East Recharge Pond is located on lands owned by Bradley W. Wind and G. Allyn Wind who have an agreement with Pioneer which contemplates the use of said pond as described in this Application. The Winds’ address is: 17200 Beaver Creek Drive, Brush, CO 80722.
10. Remarks: The recharge sites described above will all be built in natural depressions and will not involve the construction of any dams. Also, it is the intent of this Application to adjudicate all elements necessary for Pioneer and its shareholders to utilize their share of augmentation credits resulting from the exercise of the conditional water rights described above as a supplemental source of augmentation credits for their existing augmentation plans previously decreed and listed in Paragraph 7 above. Use of the augmentation credits resulting from this case to cover any well not included in those plans will be subject to the separate approval of the State Engineer or Water Court.
2001CW284 UPPER CHERRY CREEK WATER ASSOCIATION, consisting of ARAPAHOE COUNTY WATER AND WASTEWATER AUTHORITY, (Stephen T. Williamson, Matthew Machado, P>O> Box 850, Louisville, CO 80027). CITY OF AURORA, ACTING BY AND THROUGH ITS UTILITY ENTERPRISE, (John Dingess, Lynn B. Obernyer, Stephanie J. Neitzel, T. Daniel Platt, 7800 E. union Ave., Suite 550, Denver, CO 80237-2753); COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION, (Stephen C. Cann, 1525 Sherman St, 5th Floor Denver, CO 80203). COTTONWOOD WTER AND SANITATION DISTRICT, (Steven P. Jeffers, P.O. Box 978, Longmont, CO 80502).; AND EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT, (William B. Tourtillott, Brian M. Nazarenus, Carolyn F. Burr, Adam T. DeVoe, 1400 Gleanarm Place, Sutie 300, Denver, CO 80202), Application for Approval of Plan for Augmentation, Appropriative Rights of Exchange, and Water Storage Right, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS AND JFERSON COUNTIES.
1. Name, address and telephone number of Applicants:
1.1. Arapahoe County Water and Wastewater Authority (“ACWWA”) 13031 East Caley Avenue Englewood, Colorado 80111 Telephone: 303.790.4830
1.2. City of Aurora, Colorado, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise (“Aurora”) 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030 December Resume -79-
1.3. Colorado Division of Parks and Outdoor Recreation (“Parks”) 1313 Sherman Street, Room 618 Denver, Colorado 80203 Telephone: 303.866.3437
1.4. Cottonwood Water and Sanitation District (“CWSD”) 8334 Sandreed Circle Parker, Colorado 80134 Telephone: 303.792.9509
1.5. East Cherry Creek Valley Water and Sanitation District (“ECCV”) 4343 South Buckley, Suite 300 Aurora, Colorado 80015 Telephone: 303.693.3800
Attached to this Application and incorporated by this reference as Appendix I is a description of all structures and associated water rights to be used as replacement sources for the plan for augmentation described herein. In addition, the following Exhibits are attached to this Application and incorporated by reference:
Exhibit A: Establishing Contract for Upper Cherry Creek Water Association Exhibit B: Location Map of the subject reach of Cherry Creek and its tributaries including the location of points of withdrawal or diversion described in this Application and replacement sources described in Appendix I Exhibit C: Memorandum of Understanding for Cherry Creek Basin Management Plan Exhibit D: Upper Cherry Creek Regional Temporary Substitute Supply Plan Exhibit E: Example Demonstrating Weekly Plan for Augmentation Accounting
For the purposes of this Application, the Applicants are acting together as Members of the Upper Cherry Creek Water Association established by the Establishing Contract dated December 17, 2001. A copy of the Establishing Contract is attached hereto as Exhibit A. The Applicants are collectively referred to as “UCCWA” or “the Association” and individually referred to as “Members.”
2. Introduction
The Upper Cherry Creek Water Association, a Colorado unincorporated nonprofit association, is seeking to adjudicate a regional plan for augmentation, appropriative rights of exchange, and water storage right to coordinate water use by the major water suppliers along Cherry Creek between Cherry Creek Reservoir1 and the U.S Geological Survey stream gage below the Town of Parker, Colorado (“Parker Gage”)2. The five major water suppliers within this reach that comprise the Association include
1 The Cherry Creek Reservoir is an on-channel reservoir located on Cherry Creek in Sections 1, 2, 3, 10, 11, 12, 13, 14, 23, and 24, T5S, R67W, 6th P.M.; Sections 31 and 32, T4S R66W, 6th P.M.; and Sections 7, 18 and 19, T5S R66W, 6th P.M., all in Arapahoe County, Colorado. The initial point of survey of the high water line of the reservoir is located at a point whence the SW Corner of Section 34, T4S, R67W, 6th P.M. bears N, 54°54’W, a distance of 5856.8 feet. The outlet works are located in the NW1/4 of the NE1/4 of Section 2, T5S, R67W, 6th P.M., with an approximate latitude of 39°39'08" North and approximate longitude of 104°51'20" West.
2 The Parker Gage is located on Cherry Creek in the SE1/4 of the NW1/4 of the NE1/4 of Section 21, T6S, R67W, 6th P.M., Douglas County, Colorado, on the right bank 200 feet upstream from Main Street, 1,100 feet downstream from the mouth of Sulpher Gulch, and 0.8 miles West of the City of Parker, Colorado. The approximate latitude of this point is 39°31’09” North and the approximate longitude is 104°46’45” West. December Resume -80-
ACWWA, Aurora, Parks, CWSD and ECCV. A map of the subject reach of Cherry Creek and its tributaries, including the location of points of withdrawal described in this Application and replacement sources described in Appendix I, is attached hereto as Exhibit B.
The average annual tributary water supply available to the Members is estimated to be 12,000 acre-feet, composed of surface flow at the Parker Gage, gains upstream of Member alluvial wells, gains directly to Cherry Creek Reservoir, and municipal return flows on Cottonwood Creek.
Approximately 50,000 acre-feet of ground water exists in the Cherry Creek alluvium within the reach. Due to the timing of surface water flows and the demands by the Members, the alluvial aquifer acts as a large storage reservoir that allows Members to produce groundwater when there is little or no flow in Cherry Creek. The alluvial reservoir is recharged annually by surface water flows.
The purpose of the proposed plan for augmentation described herein is to improve management and use of the Cherry Creek water resources by the Association and its Members through sharing of the available water supplies while replacing out of priority depletions associated with the Association’s water supply use in the required amount, time, and location to prevent injury to senior calling water rights. Each of the Members own individually a variety of water rights, including direct flow surface water rights, alluvial and nontributary ground water rights, and surface storage water rights, rights of exchange, and/or decreed plans for augmentation. The cooperative use of the water resources will be achieved, in part, by pooling and exchanging among the Members portions of their fully consumable water supplies for use in replacing out-of-priority stream depletions. Other strategies include coordinating well operations within the subject reach of Cherry Creek to minimize well-to-well impacts.
Out-of-priority depletions to Cherry Creek by the Association will be caused by alluvial well withdrawals, direct flow surface diversions, and diversions to storage by the Members. Sources of water to replace such out-of-priority depletions include treated reusable effluent, lawn irrigation return flows, land application return flows, nontributary ground water sources, the consumptive use fraction of transferred irrigation water rights, releases from storage, water leased from Denver, and other sources. The location of the various replacement sources is illustrated in Exhibit B.
On or about June 25, 1996, the Members entered into a Memorandum of Understanding to develop an Upper Cherry Creek Basin Management Plan as a collaborative effort to manage existing ground water supplies in the Upper Cherry Creek Basin in a manner that maximizes yield in the Upper Cherry Creek Basin, to recognize the needs of upper basin water users, and to meet the valid calls of downstream water users. A copy of the Memorandum of Understanding for Cherry Creek Basin Management Plan is attached hereto as Exhibit C. Since gaining approval of the Upper Cherry Creek Regional Temporary Substitute Supply Plan by the State Engineer on March 19, 1998, Members have continuously utilized and successfully operated many elements of the proposed plan for augmentation described herein that are common to the Upper Cherry Creek Regional Temporary Substitute Supply Plan. A copy of the Upper Cherry Creek Regional Temporary Substitute Supply Plan is attached hereto as Exhibit D. The Members propose to continue operating under this substitute supply plan during the pendency of this Application.
This Application also seeks a new water storage right to allow Members’ tributary water supply sources to be stored in the Cherry Creek Reservoir for use as a replacement source under this proposed plan for augmentation and exchanges.
The UCCWA and its Members do not seek to change any decreed water rights by this Application. DESCRIPTION OF MEMBER
WATER SUPPLIES TO BE AUGMENTED The structures owned and/or operated by each of the Members for which depletions will be augmented or replaced under this proposed plan for augmentation are listed and described below. Decrees in all cases referenced herein and in Appendix I were entered or are pending in the District Court, Water Division 1, unless otherwise noted.
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3. Arapahoe County Water and Wastewater Authority: The following structures are owned by ACWWA, successor in interest of Arapahoe Water and Sanitation District (“AWSD”), and will be covered under this plan for augmentation. All structures withdraw water from the Cherry Creek alluvial aquifer between Cherry Creek Reservoir and the Parker Gage, except for those wells and surface diversions specifically noted that are located on tributaries to Cherry Creek. Structures Augmented in Case No. 86-CW-388(A)
3.1. Antonoff Well No. 1 (Permit No. 19495): 3.1.1. Location: In the S1/2 of Section 9, T6S, R66W, 6th P.M., Douglas County, Colorado, approximately 2,800 feet from the West Section line and 1,680 feet from the South Section line of said Section 9. 3.1.2. Water Rights Using the Structure: Original Decree: Case No. W-1776, Decree entered December 1, 1972 for 2.78 c.f.s. with an appropriation date of April 26, 1953. Change Decrees: Case No. 81-CW-211, Decree entered October 10, 1984; Case No. 84- CW-681(A), Decree entered September 28, 1989; Case No. 84-CW-681(B), Decree entered November 29, 1989; Case No. 86-CW-388(A), Decree entered January 29, 1991 and Supplemental Decree entered December 9, 1991; Case No. 90-CW-201, Decree entered November 4, 1998; Case No. 96-CW-1144, Application filed December 31, 1996 (pending). Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395, Decree entered December 6, 2000 for 2.78 c.f.s. with an appropriation date of December 31, 1986.
3.2. Antonoff Well No. 2 (Permit No. RF639, Replacement for Well No. 3209-F): 3.2.1. Location: In the SW1/4 of the SE1/4 of Section 9, T6S, R66W, 6th P.M., Douglas County, Colorado, at a point approximately 849.9 feet from the South Section line and 3,302 feet from the West Section line of said Section 9. 3.2.2. Water Rights Using the Structure: Original Decree: Case No. W-1776 for 2.22 c.f.s. with an appropriation date of June 21, 1961. Change Decrees: Case No. 81-CW-211; Case No. 84-CW-681(A); Case No. 84-CW- 681(B); Case No. 86-CW-388(A); Case No. 90-CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 2.22 c.f.s. with an appropriation date of December 31, 1986.
3.3. Deem Well (Permit No. 4988-F): 3.3.1. Location: In the SE1/4 of the NE1/4 of Section 19, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 150 feet from the East Section line and 41 feet North of the East-West Centerline of said Section 19. 3.3.2. Water Rights Using the Structure: Original Decree: Case No. W-1740, Decree entered December 1, 1972 for 1.22 c.f.s. with an appropriation date of January 8, 1964. Change Decrees: Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 90- CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 1.22 c.f.s. with an appropriation date of December 31, 1986.
3.4. Ford Well No. 1 (Permit No. 5525-F): 3.4.1. Location: In the NW1/4 of the SW1/4 of Section 29, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 2,250 feet from the South Section line and 450 feet from the West Section line of said Section 29. 3.4.2. Water Rights Using the Structure: Original Decree: Case No. W-5541, Decree entered October 1, 1975 for 2.67 c.f.s. with an appropriation date of April 29, 1964.
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Change Decrees: Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 90-CW- 201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 2.67 c.f.s. with an appropriation date of December 31, 1986.
3.5. Ford Well No. 2 (Permit No. 14893-F, RF409): 3.5.1. Location: In the SW1/4 of the SW1/4 of Section 29, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,200 feet from the South Section line and 1,300 feet from the West Section line of said Section 29. 3.5.2. Water Rights Using the Structure: Original Decree: Case No. W-5541 for 2.67 c.f.s. with an appropriation date of May 2, 1967. Change Decrees: Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 90-CW- 201; Case No. 96-CW-1144 (pending) and Case No. 97-CW-395. Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 2.67 c.f.s. with an appropriation date of December 31, 1986.
3.6. Loyd Well No. 2 (Permit No. 2-19492 a/k/a Permit No. 3-19492): 3.6.1. Location: In the SW1/4 of the NE1/4 of Section 9, T6S, R66W, 6th P.M., Douglas County, Colorado, at a point approximately 2,640 feet South and 2,310 feet West of the Northeast Corner of said Section 9. 3.6.2. Water Rights Using the Structure: Original Decree: Case No. W-2640, Decree entered May 14, 1973 for 2.74 c.f.s. with an appropriation date of April 20, 1953. Change Decrees: Case No. W-2688, Decree entered May 19, 1975; Case No. 80-CW- 042, Decree entered May 16, 1985; Case No. 81-CW-211; Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 86-CW-388(A); Case No. 90-CW-201; Case No. 96-CW- 1144 (pending) and Case No. 97-CW-395. Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 2.74 c.f.s. with an appropriation date of December 31, 1986.
3.7. Murdock Well No. 2 (Permit No. 19246, RF770): 3.7.1. Location: In the SW1/4 of the NW1/4 of Section 29, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,710 feet from the North Section line and 510 feet from the West Section line of said Section 29. 3.7.2. Water Rights Using the Structure: Original Decree: Case No. W-1740, however, the water right decreed to this structure therein has been abandoned. Change Decrees: Case No W-445, Decree entered March 1, 1972; Case No. W-8513, Decree entered July 27, 1982; Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 90-CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 1.78 c.f.s. with an appropriation date of December 31, 1986.
3.8. Race Well No. 1 (Permit Nos. 1-14555, 38779-F, and 39130-FR): 3.8.1. Location: In the SW1/4 of the SE1/4 of Section 32, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 30 feet from the South Section line and 1,530 feet from the East Section line of said Section 32. 3.8.2. Water Rights Using the Structure: Original Decree: Case No. W-3098, Decree entered September 17, 1973 for 2.67 c.f.s. with an appropriation date of May 3, 1939. Change Decrees: Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 90- CW-201; Case No. 96-CW-1144 (pending) and Case No. 97-CW-395. Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 2.67 c.f.s. with an appropriation date of December 31, 1986.
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3.9. Race Well No. 3 (Permit No. 1-15894): 3.9.1. Location: In the SW1/4 of the SW1/4 of Section 33, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,290 feet from the South Section line and 2,540 feet West of the North-South Center line of said Section 33. 3.9.2. Water Rights Using the Structure: Original Decree: Case No. W-3098 for 1.0 c.f.s. with an appropriation date of May 19, 1955. Change Decrees: Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 90- CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 1.00 c.f.s. with an appropriation date of December 31, 1986.
3.10. Smith Well No. 1 (Permit No. 18951): 3.10.1. Location: In the SW1/4 of the SE1/4 of Section 29, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 3,630 feet from the West Section line and 15 feet from the South Section line of said Section 29. In Case No. 01-CW-154 (pending), ACWWA has applied to change the point of diversion of said well to the NW1/4 of the NE1/4 of Section 32, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 150 feet from the North Section line and 1,950 feet from the East Section line of said Section 32. 3.10.2. Water Rights Using the Structure: Original Decree: Case No. W-4396, Decree entered June 13, 1977 for 1.67 c.f.s. with an appropriation date of July 14, 1950. Change Decrees: Case No. 84-CW-681(A); Case No. 84-CW-681(B); Case No. 90- CW-201; Case No. 96-CW-1144 (pending); and Case No. 01-CW-154 (pending). Conditional Water Rights: Case No. 86-CW-388(A) and Case No. 97-CW-395 for 1.67 c.f.s. with an appropriation date of December 31, 1986.
Underground Water Rights Decreed in Case No. 90-CW-201
3.11. AWSD-CW-1 Well: 3.11.1. Location: In the SE1/4 of the NE1/4 of Section 23, T5S, R67W, 6th P.M., Arapahoe County, Colorado, at a point approximately 50 feet from the East Section line and 1,400 feet from the North Section line of said Section 23. 3.11.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
3.12. AWSD-LT-1 Well: 3.12.1. Location: In the SW1/4 of the NE1/4 of Section 24, T5S, R67W, 6th P.M., Arapahoe County, Colorado, at a point approximately 2,250 feet from the East Section line and 2,000 feet from the North Section line of said Section 24. 3.12.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
3.13. AWSD-LT-2 Well: 3.13.1. Location: In the SW1/4 of the NE1/4 of Section 24, T5S, R67W, 6th P.M., Arapahoe County, Colorado, at a point approximately 2,250 feet from the East Section line and 2,500 feet from the North Section line of said Section 24. 3.13.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
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3.14. AWSD-WM-1 Well: 3.14.1. Location: In the SW1/4 of the SW1/4 of Section 30, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,300 feet from the West Section line and 10 feet from the South Section line of said Section 30. 3.14.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
3.15. AWSD-WM-2 Well: 3.15.1. Location: In the SE1/4 of the NW1/4 of Section 30, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,750 feet from the West Section line and 2,100 feet from the North Section line of said Section 30. 3.15.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
Surface Water Rights Decreed in Case No. 90-CW-201
3.16. Cottonwood Diversion Structure No. 1: 3.16.1. Location: In the SE1/4 of the NE1/4 of Section 23, T5S, R67W, 6th P.M., Arapahoe County, Colorado, at a point approximately 50 feet from the East Section line and 1,450 feet from the North Section line of said Section 23. 3.16.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
3.17. Lone Tree Surface Diversion: 3.17.1. Location: In the SW1/4 of the NE1/4 of Section 24, T5S, R67W, 6th P.M., Arapahoe County, Colorado, at a point approximately 2,250 feet from the East Section line and 2,200 feet from the North Section line of said Section 24. 3.17.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
3.18. Windmill Diversion Structure No. 1: 3.18.1. Location: In the SW1/4 of the SW1/4 of Section 30, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,300 feet from the East Section line and 100 feet from the South Section line of said Section 30. 3.18.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
3.19. Windmill Diversion Structure No. 2: 3.19.1. Location: In the SE1/4 of the NW1/4 of Section 30, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,850 feet from the East Section line and 2,100 feet from the North Section line of said Section 30. 3.19.2. Water Rights Using the Structure: Original Decree: Case No. 90-CW-201 for 2.67 c.f.s., conditional, with an appropriation date of April 23, 1990.
Wells Augmented in Case No. 96-CW-1144 (Pending)
3.20. Braun Well (Permit No. 54329-F): 3.20.1. Location: In the NW1/4 of the NE1/4 of Section 32, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 920 feet from the North Section line and 1,420 feet from the East Section line of said Section 32.
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3.20.2. Water Rights Using the Structure: Original Decree: Case No. W-1740 for 1.33 c.f.s. with an appropriation date of May 7, 1964. Change Decrees: Case No. 84-CW-681(A); Case No. 86-CW-388(A); Case No. 90- CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.21. Gillen Well (Permit No. 4080): 3.21.1. Location: In the SW1/4 of the SW1/4 of Section 20, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,117 feet from the West Section line and 104 feet from the South Section line of said Section 20. 3.21.2. Water Rights Using the Structure: Original Decree: District Court, Douglas County, Civil Action No. 3635, Decree entered May 18, 1972 for 2.22 c.f.s. with an appropriation date of December 31, 1948. Change Decrees: Case No. 84-CW-681(A); Case No. 86-CW-388(A); Case No. 90- CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.22. Happy Canyon QAL-1: 3.22.1. Location: In the NW1/4 of the SW1/4 of Section 32, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,000 feet from the West Section line and 1,400 feet from the South Section line of said Section 32. 3.22.2. Water Rights Using the Structure: Original Decree: Case No. 96-CW-1144 (pending) for 2.67 c.f.s., conditional, with an appropriation date of December 31, 1996.
3.23. Happy Canyon QAL-2: 3.23.1. Location: In the NE1/4 of the SW1/4 of Section 32, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,650 feet from the West Section line and 1,400 feet from the South Section line of said Section 32. 3.23.2. Water Rights Using the Structure: Original Decree: Case No. 96-CW-1144 (pending) for 2.67 c.f.s., conditional, with an appropriation date of December 31, 1996.
3.24. Hodge Well No. 1 (Permit No. 018193-F): 3.24.1. Location: In the NE1/4 of the NE1/4 of Section 19, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 450 feet from the North Section line and 400 feet from the East Section line of said Section 19. 3.24.2. Water Rights Using the Structure: Original Decree: Case No. W-4839, Decree entered October 14, 1975 for 0.004 c.f.s. with an appropriation date of September 19, 1867 and 0.026 c.f.s. with an appropriation date of December 31, 1917. Change Decrees: Case No. W-7517, Decree entered October 14, 1975; Case No. 84- CW-681(A); Case No. 86-CW-388(A); Case No. 90-CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.25. Loyd Well No. 4 (Permit No. 4-14737): 3.25.1. Location: In the NE1/4 of the NE1/4 of Section 9, T6S, R66W, 6th P.M., Douglas County, Colorado, at a point approximately 1,200 feet from the East Section line and 1,000 feet from the North Section line of said Section 9.
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3.25.2. Water Rights Using the Structure: Original Decree: Case No. W-2640 for 1.56 c.f.s. with an appropriation date of August 1, 1954. Change Decrees: Case No. 84-CW-156, Decree entered December 13, 1988; Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.26. Mee Well No. 2 (Permit No. 13167 (RF-1003)): 3.26.1. Location: In the NW1/4 of the NE1/4 of Section 19, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 2,550 feet from the East Section line and 600 feet from the North Section line of said Section 19. 3.26.2. Water Rights Using the Structure: Original Decree: Case No. W-4619, Decree entered June 13, 1974 for 1.69 c.f.s. with an appropriation date of May 12, 1955. Change Decrees: Case No. 84-CW-681(A); Case No. 86-CW-388(A); Case No. 90- CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.27. Murdock Well No. 1 (Permit No. 19246-2): 3.27.1. Location: In the SW1/4 of the NW1/4 of Section 29, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 1,370 feet from the North Section line and 839 feet from the West Section line of said Section 29. 3.27.2. Water Rights Using the Structure: Original Decree: Case No. W-1740, however, the water right decreed to this structure therein has been abandoned. Change Decrees: Case No. W-445; Case No. 84-CW-681(A); Case No. 86-CW-388(A); Case No. 90-CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.28. Race Well No. 2 (Permit No. 1-14556): 3.28.1. Location: In the SW1/4 of the SE1/4 of Section 32, T5S, R66W, 6th P.M., Arapahoe County, at a point approximately 220 feet from the South Section line and 1,400 feet from the East Section line of said Section 32. 3.28.2. Water Rights Using the Structure: Original Decree: Case No. W-3098 for 2.67 c.f.s. with an appropriation date of May 12, 1950. Change Decrees: Case No. 84-CW-681(A); Case No. 86-CW-388(A); Case No. 90- CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.29. Race Well No. 4 (Permit No. 23303-FR): 3.29.1. Location: In the NE1/4 of the NW1/4 of Section 32, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 15 feet from the North section line and 2,230 feet from the West section line of said section 32. 3.29.2. Water Rights Using the Structure: Original Decree: Case No. 84-CW-681(B), as an alternate point of diversion for Race Well No. 1 and Race Well No. 2 described in Paragraphs 3.8. and 3.28. herein. Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
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3.30. Smith Well No. 2 (5583-F): 3.30.1. Location: In the SW1/4 of the SE1/4 of Section 29, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 2,970 feet from the West Section line and 450 feet from the South Section line of said Section 29. 3.30.2. Water Rights Using the Structure: Original Decree: Case No. W-4396 for 1.44 c.f.s. with an appropriation date of July 14, 1950 and 0.22 c.f.s. with an appropriation date of January 27, 1966. Change Decrees: Case No. 84-CW-681 (A); Case No. 86-CW-388(A); Case No. 90- CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
3.31. Weider Well (Permit No. 6702): 3.31.1. Location: In the NW1/4 of the NW1/4 of Section 29, T5S, R66W, 6th P.M., Arapahoe County, Colorado, at a point approximately 520 feet from the North Section line and 400 feet from the West Section line of said Section 29. 3.31.2. Water Rights Using the Structure: Original Decree: Case No. W-1740 for 1.33 c.f.s. with an appropriation date of May 25, 1935. Change Decrees: Case No. W-8513; Case No. 84-CW-681(A); Case No. 86-CW- 388(A); Case No. 90-CW-201 and Case No. 96-CW-1144 (pending). Conditional Water Rights: Case No. 96-CW-1144 (pending) for 2.67 c.f.s. with an appropriation date of December 31, 1996.
Junior Storage Rights and Recharge Facilities in Case No. 96-CW-1144 (Pending)
3.32. Happy Canyon Reservoirs and Aquifer Recharge Facilities: 3.32.1. Location: Reservoirs will be located in the SW1/4 of Section 32 and the SE1/4 of Section 31, T5S, R66W, 6th P.M. and the W1/2 of Section 5 and the E1/2 of Section 6, T6S, R66W, 6th P.M., Arapahoe County, Colorado. The exact number of Reservoirs and the dam locations will be determined in conjunction with the design of a golf course on the site. 3.32.2. Water Rights Using the Structure: Original Decree: Case No. 96-CW-1144 (pending) for a total of 200 acre feet, conditional, with the right to fill and refill while in priority and an appropriation date of December 31, 1996.
3.33. Lone Tree Reservoir No. 1: 3.33.1. Location: In the NW1/4 of the SE1/4 of Section 24, T5S, R67W, 6th P.M., Arapahoe County, Colorado, with the centerline of the dam crossing Lone Tree Creek at a point 2,330 feet from the East Section line and 2,350 feet from the South Section line of said Section 24. 3.33.2. Water Rights Using the Structure: Original Decree: Case No. 96-CW-1144 (pending) for 29 acre feet, conditional, with the right to fill and refill while in priority and an appropriation date of July 30, 1993.
3.34. Lone Tree Reservoir and Recharge Facility No. 2: 3.34.1. Location: In the SW1/4 of the NE1/4 of Section 24, T5S, R67W, 6th P.M., Arapahoe County, Colorado, with the center line of the dam crossing the reservoir outlet at a point 1,900 feet from the East Section line and 1,720 feet from the North Section line of said section 24. 3.34.2. Water Rights Using the Structure: Original Decree: Case No. 96-CW-1144 (pending) for 100 acre feet, conditional, with the right to fill and refill while in priority and an appropriation date of December 31, 1996.
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3.35. Windmill Reservoir No. 1: 3.35.1. Location: In the NE1/4 of the NE1/4 of Section 36, T5S, R67W, 6th P.M., Arapahoe County, Colorado, with the centerline of the dam crossing Windmill Creek at a point 370 feet from the East Section line and 1,270 feet from the North Section line of said Section 36. 3.35.2. Water Rights Using the Structure: Original Decree: Case No. 96-CW-1144 (pending) for 100 acre feet, conditional, with the right to fill and refill while in priority and an appropriation date of December 31, 1996.
4. Aurora Cherry Creek Wellfield: Out of priority depletions from seven (7) tributary wells that are part of the Cherry Creek Wellfield owned by Aurora which withdraw water from the Cherry Creek alluvium will be covered under this plan for augmentation.
4.1. Locations: The Cherry Creek Wellfield is located in Sections 19 and 30, T5S, R66W, 6th P.M., Arapahoe County, Colorado, more specifically described as: Well No. 1 (Permit No. 1099RR): In the SE1/4 of the SE1/4 of Section 19, at a point approximately 80 feet from the South Section line and 360 feet from the East Section line of said Section 19. Well No. 2 (Permit No. 1098RR): In the SE1/4 of the SE1/4 of Section 19, at a point approximately 325 feet from the South Section line and 735 feet from the East Section line of said Section 19. Well No. 3 (Permit No. 110-RR): In the NE1/4 of the NE1/4 of Section 30, at a point approximately 202 feet from the North Section line and 462 feet from the East Section line of said Section 30. Well No. 4 (Permit No. 1101-RR): In the NE1/4 of the NE1/4 of Section 30, at a point approximately 850 feet from the North Section line and 280 feet from the East Section line of said Section 30. Well No. 5 (Permit No. 3085-F-R): In the SE1/4 of the NE1/4 of Section 30, at a point approximately 1,325 feet from the North Section line and 90 feet from the East Section line of said Section 30. Well No. 6 (Permit No. 3086-F-R): In the SE1/4 of the NE1/4 of Section 30, at a point approximately 2,543 feet from the North Section line and 84 feet from the East Section line of said Section 30. Well No. 7 (Permit No. 4576-F-R): In the SE1/4 of the SE1/4 of Section 19, at a point approximately 643 feet from the South Section line and 22 feet from the East Section line of said Section 19.
4.2. Water Rights Using the Structure: Original Decree: The Cherry Creek Wellfield, including the seven tributary wells listed above, was decreed absolute in Douglas County District Court, Civil Action No. 3635 on May 18, 1972, with an appropriation date of November 15, 1955, in the amount of 25 c.f.s. for domestic and municipal purposes. Additional Decrees: The above-described seven tributary wells are named as points of withdrawal in Case Nos. 95-CW-226 and 95-CW-227, Decree entered August 14, 2001 (appropriative rights of exchange and approval of plan for augmentation). The decrees in Case Nos. 95-CW-226 and 227 are not a part of, nor are they affected by, this Application.
5. Colorado Division of Parks and Outdoor Recreation (Cherry Creek Reservoir): Cherry Creek Reservoir is owned by the United States Army Corps of Engineers. Parks operates the Cherry Creek Reservoir and owns the two water rights described in Paragraph 5.3, below. Evaporation losses from this reservoir will be covered under this plan for augmentation.
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5.1. Location: The Cherry Creek Reservoir is an on-channel reservoir located in Sections 1, 2, 3, 10, 11, 12, 13, 14, 23, and 24, T5S, R67W, 6th P.M.; Sections 31 and 32, T4S R66W, 6th P.M.; and Sections 7, 18 and 19, T5S R66W, 6th P.M., all in Arapahoe County, Colorado. The initial point of survey of the high water line of the reservoir is located at a point whence the SW Corner of Section 34, T4S R67W, 6th P.M. bears North 54°54’West a distance of 5,856.8 feet. The outlet works are located in the NW1/4 of the NE1/4 of Section 2, T5S, R67W, 6th P.M., with an approximate latitude of 39°39'08" North and approximate longitude of 104°51'20" West.
5.2. Source of Water: Surface water tributary to Cherry Creek.
5.3. Original Decree: Cherry Creek Reservoir was decreed on May 18, 1972 in Douglas County District Court, Civil Action No. 3635 for 10,000 acre-feet of water with a priority date of May 5, 1958 and 5,580 acre-feet with a priority date of March 22, 1960. The decreed uses for both of these rights are fish propagation, production of furbearing mammals, waterfowl habitat, and other recreational uses.
5.4. New Water Storage Right: By this Application a new water storage right is sought for the Cherry Creek Reservoir, as described in paragraph 10, below.
6. Cottonwood Water and Sanitation District (Diamond over D Wells): The out of priority depletions from nine (9) tributary wells owned by CWSD which withdraw water from the Cherry Creek alluvium will be covered under this plan for augmentation:
6.1. Locations: The following wells are located in Sections 4, 5 and 9, T6S, R66W, 6th P.M., Douglas County, Colorado, as follows: Diamond over D Well No. 1 (Permit No. R-18954-RF): In the NE1/4 of the SW1/4 of Section 4, at a point approximately 2,009 from the South Section line and 2,376 feet from the West Section line of said Section 4. Diamond over D Well No. 2 (Permit No. 03975-F-R): At a point in the SE1/4 of the NW1/4 of Section 9 from whence the West Quarter Corner of Section 9 bears South, 89º0’ West, a distance of 2,050 feet, more or less. Diamond over D Well No. 3 (Permit No. 3R-20553-RF): In the SE1/4 of the NW1/4 of Section 4, at a point approximately 2,000 feet from the North Section line and 1,495 feet from the West Section line of said Section 4. Diamond over D Well No. 4 (Permit No. 30741-F): At a point in the SE1/4 of the SW1/4 of Section 4 from whence the West Quarter Corner of Section 9 bears South, 22º0’ West, a distance of 4,030 feet, more or less. Diamond over D Well No. 5 (Permit No. 20053): At a point in the SW1/4 of the NW1/4 of Section 9 from whence the West Quarter Corner of Section 9 bears South, 88° 30’ West, a distance of 1,000 feet, more or less. Diamond over D Well No. 6 (Permit No. R-13322): At a point in the SE1/4 of the NW1/4 of Section 9 from whence the West Quarter Corner of Section 9 bears South 89° 0’ West, a distance of 1,470 feet, more or less. Diamond over D Well No. 7 (Permit No. R-13323-RF): At a point in the SE1/4 of the NE1/4 of Section 5 from whence the West Quarter Corner of Section 9 bears South, 04°30’ East, a distance of 6,270 feet, more or less. Bruce Domestic Well: In the SW1/4 of the NE1/4 of Section 4, at a point approximately 2,500 feet from the East Section line and 1,500 feet from the North Section line of said Section 4. Feedlot Well No. 2 (Permit No. 26689-RF): In the NE1/4 of the SW1/4 of Section 4, at a point approximately 2,643 feet from the North Section line and 2,097 feet from the West Section line of said Section 4.
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6.2. Water Rights Using the Structures:
6.2.1. Diamond over D Well Nos. 1-7: Original Decree: Civil Action No. 3746, Douglas County District Court, Decree entered November 10, 1969 as alternate points of diversion for the following surface water rights: Fifty-Nine No. 1 Ditch: 3.64 c.f.s. out of 7.28 c.f.s. decreed on December 10, 1883, Douglas County District Court, with an appropriation date of May 2, 1862, for annual withdrawal of 57 acre-feet (817 gpm). Boss Ditch: 2.36 c.f.s. out of 4.72 c.f.s. decreed on December 10, 1883, Douglas County District Court, with an appropriation date of July 30, 1869, for annual withdrawal of 42 acre-feet (530 gpm). Gillman Ditch: 4.95 c.f.s. out of 9.9 c.f.s. decreed on December 10, 1883, Douglas County District Court, with an appropriation date of February 28, 1880, for annual withdrawal of 42 acre-feet (1,113 gpm). Additional Decrees: The above described surface water rights changed to diversions through the Diamond over D Well Nos. 1-7 were further changed to allow diversion and use year around for all municipal purposes, up to a maximum of 141 acre feet per year, in Case No. 81-CW-142, Decree entered March 21, 1986. The individual amounts are listed above. The decree in Case No. 81-CW-142 also confirmed the right to divert through these wells up to 541 acre-feet per year for municipal purposes with an appropriation date of August 3, 1982. These wells may also divert water by exchange pursuant to Case No. 95- CW-276, Decree entered July 22, 1999 for 3.26 c.f.s. with an appropriation date of July 13, 1993.
6.2.2. Bruce Domestic Well: Original Decree: Case No. 81-CW-142 for 2.0 acre feet per year for municipal purposes with an appropriation date of July 30, 1954. Additional Decrees: This water right was transferred to Diamond over D Well No. 4 in Case No. 82-CW-138, Decree entered December 26, 1985. This well may also divert water by exchange decreed in Case No. 95-CW-276.
6.2.3. Feedlot Well No. 2: Original Decree: This well was originally decreed as the “Dixon Well No. 1 – Unregistered” in Case No. W-2853, Decree entered August 1, 1973 for commercial, feedlot and irrigation use with an appropriation date of June 30, 1952. Additional Decrees: This water right was changed to year around municipal purposes in Case No. 81-CW-142 with an annual limitation of 43.5 acre-feet per year. This well may also be used to divert water by exchange decreed in Case No. 95-CW-276.
7. East Cherry Creek Valley Water and Sanitation District Wells: The out of priority depletions from three (3) tributary wells owned by ECCV which withdraw water from the Cherry Creek alluvium will be covered under this plan for augmentation.
7.1. Location: The following wells are located in Section 19, T5S, R66W, 6th P.M., Arapahoe County, Colorado, more specifically described as: District Alluvial Well CC-10: In the NW1/4 of the NE1/4 at a point approximately 1,125 feet from the North Section line and 2,305 feet from the East Section line of said Section 19, for withdrawal of 1,000 gpm. District Alluvial Well CC-12: In the NW1/4 of the NE1/4 at a point approximately 725 feet from the North Section line and 2,020 feet from the East Section line of said Section 19, for withdrawal of 1,000 gpm. District Alluvial Well CC-15: In the NW1/4 of the NE1/4 at a point approximately 45 feet from the North Section line and 2,350 feet from the East Section line of said Section 19, for withdrawal of 1,000 gpm.
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7.2. Water Rights Using the Structure: Original Decree: The above described three tributary wells were decreed conditional in Case No. 86-CW-380, Decree entered February 26, 1999 with an appropriation date of November 13, 1986 at a rate of flow not to exceed a cumulative pumping rate of 6.68 c.f.s. with a total annual combined volumetric limitation of 2,000 acre-feet for all municipal uses. These wells are designated as alternate points of diversion to each other, limited to no more than 1,000 gpm from each well. Additional Decrees: The above described three tributary wells were decreed as part of a plan for augmentation in Case No. 88-CW-054, Decree entered March 16, 1999. The decree in Case No. 88-CW-054 is not part of, nor is it affected by, this Application.
II. PLAN FOR AUGMENTATION
8. Depletions: The plan proposed herein will augment out-of-priority stream depletions from withdrawal and diversion from the Members’ wells and surface structures and out-of-priority diversions to reservoir storage as identified in Section I, above.
9. Replacement of Depletions: Water rights owned by Members that are available to replace out-of- priority depletions associated with use of the Members’ water supply sources described in Section I, above, include Cherry Creek tributary rights, nontributary rights, and other replacement rights, including lawn irrigation return flows and reusable effluent as summarized in Table 1, below. Member water rights available for replacement purposes are more fully described in Appendix I, attached hereto and incorporated herein by this reference. The manner in which the available replacement sources are used to offset depletions will depend on several factors including the amount, time and location of the depletion, the location of the downstream calling water rights, and limitations associated with the use of the replacement sources. An Example Demonstrating a Weekly Plan for Augmentation Accounting is attached hereto as Exhibit E. Table 1 CURRENT ESTIMATED AVERAGE ANNUAL REPLACEMENT AMOUNTS TO BE USED IN THE PLAN FOR AUGMENTATION (acre-feet)
Tributary Denver Consumptive Basin Reusable South Platte Rights Use Right Rights Return Flows/2 or Return Flows TOTAL ACWWA 6,650 2,538 /3 9,188 Aurora 1,357 130 26,361 27,848 Parks 160 872 1,032 CWSD 728 1,861 /3 2,589 ECCV /1 2,000 2,000 TOTAL 7,378 5,916 2,130 27,233 42,657
/1 Reusable return flows owned by ECCV, estimated to be 1,500 acre-feet per year at full development, are attributable to initial use of Denver Basin Rights. /2 Reusable return flow amounts may vary annually based on actual quantities delivered to Cherry Creek, including deliveries via Shop Creek, Piney Creek and other tributary streams. /3 Reusable return flows owned by ACWWA and CWSD are attributable to the initial use of tributary, Denver Basin or consumptive use water sources listed in the table.
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III. NEW WATER STORAGE RIGHT IV. 10. Cherry Creek Reservoir Augmentation Pool: Member Parks seeks a new conditional water storage right within the existing storage capacity of Cherry Creek Reservoir. Parks intends, and claims the right to fully consume water stored under this right. The details of this right are as follows:
10.1. Location: This right will be stored within the existing storage capacity of Cherry Creek Reservoir, as described in Paragraph 5.1., above.
10.2. Source of Water: Surface water in Cherry Creek, by direct flow in priority, by augmentation as described in Section II herein or by exchange as described in Section IV herein.
10.3. Date of Appropriation: July 27, 2001. This appropriation was initiated by ratification of this Application by the Board of Directors of the Division of Parks and Outdoor Recreation through the Director of Parks on this date.
10.4. Amount of Appropriation: This right is claimed for a total volume of 12,805 acre-feet, CONDITIONAL. Parks claims the right to fill and refill this right successively as many times as the management purposes of this Application allow.
10.5. Uses: Water stored under this right will be used for recreation, piscatorial and wildlife purposes, for augmentation purposes described in Section II herein, for exchange purposes as described in Section IV herein, and to augment evaporation from Cherry Creek Reservoir.
IV. APPROPRIATIVE RIGHTS OF EXCHANGE
The Association requests approval of the following Appropriative Rights of Exchange:
11. Exchange Points: To the structures identified in Section I, Paragraphs 3 through 7, inclusive, from:
11.1. Confluence of Sand Creek and the South Platte River: The confluence is generally located in the SE1/4 of the SW1/4 of Section 1, T3S, R68W, of the 6th P.M., Adams County, Colorado.
11.2. Confluence of Cherry Creek and the South Platte River: This point is located on the South Platte River in the NE1/4 of the NW1/4 of Section 33, T3S, R68W, 6th P.M, Denver County, Colorado.
11.3. The Outfall of the Metro Wastewater Reclamation District: The outfall is located on the South Platte River in the SE1/4 of the SW1/4 of Section 1, T3S, R68W, 6th P.M., Adams County, Colorado.
11.4. Gardener Ditch Headgate on the South Platte River: The decreed location is a point on the West bank of the South Platte River approximately 2°South, 15’West, 2,167 feet from the corner of Sections 1, 2, 11 and 12 of T3S, R68W, 6th P.M., Adams County, Colorado. More recently the point of diversion has been located approximately one-half mile South (up-stream) on the South Platte River.
11.5. Burlington Ditch Headgate on the South Platte River: This point is located on the South Platte River in the SW1/4 of the NE1/4 of Section 14, T3S, R68W, 6th P.M., Adams County, Colorado.
11.6. Cherry Creek Reservoir Outlet Works: This location is described in Paragraph 5.1., above.
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12. Sources of Exchange Water: The sources of the exchange water that will be delivered to the confluence of Sand Creek and the South Platte River and the outfall of the Metro Wastewater Reclamation District will be reusable water owned by Aurora described in Appendix I, Section III, Paragraph 11.1.2, and a portion of which is ECCV’s nontributary ground water reusable water returned to Metro as set forth in Appendix I, Section III, Paragraphs 11.1.2.5 and 14.3. Water delivered to the confluence of Cherry Creek and the South Platte River are Parks’ Denver Water Board Option and Deer Creek Rights described in Appendix I, Section III, Paragraphs 12.1 and 12.2., ECCV’s Denver Water Board Option described in Appendix I, Section III, Paragraph 14.2., and reusable water stored in Strontia Springs Reservoir, described in Appendix I, Section III, Paragraph 11.1.1. Water delivered to the Gardener Ditch Headgate is Parks’ Gardener Ditch rights described in Appendix I, Section III, Paragraph 12.3. Water delivered to the Burlington Ditch Headgate on the South Platte River is Aurora’s Burlington/Wellington Ditch Consumptive Use Credits described in Appendix I, Section III, Paragraph 11.3. Water released from the Cherry Creek Outlet Works for exchange shall be water stored in the Cherry Creek Reservoir Augmentation Pool described in Paragraph 10, above.
13. Appropriation Information:
13.1. Date of Appropriation: June 25, 1996
13.2. How Appropriation was made: Members formed intent by way of a Memorandum of Understanding to enter into a collaborative effort to manage existing ground water supplies in the Upper Cherry Creek Basin, took steps to develop the framework of management plan concepts, and applied for and received written approval from the State Engineer for their request to operate under the Upper Cherry Creek Regional Temporary Substitute Supply Plan. See Exhibits C and D.
13.3. Amount claimed: 100 c.f.s., of which 51 c.f.s are claimed CONDITIONAL and 49 c.f.s. are claimed ABSOLUTE.
13.4. Date water applied to beneficial use: March 19, 1998. The Association operated these exchanges since March 19, 1998 pursuant to the Upper Cherry Creek Regional Temporary Substitute Supply Plan approved by the State Engineer on this date.
13.5. Proposed Uses: All beneficial uses (presently decreed or claimed for the structures identified in Section I, Paragraphs 3 through 7, inclusive, and Section III, Paragraph 10 above,) including aesthetic, augmentation, commercial, domestic, fire protection, fish and wildlife propagation, industrial, irrigation, municipal, recreational, and storage.
14. Description of Exchanges: The Association claims appropriative rights of exchange of any and all water supplies described in Appendix I and Section III, Paragraph 10 above from the points described in Paragraph 11 above to the structures identified in Paragraphs 3 through 7, inclusive, above.
V. OTHER
15. Names and Address of Owners of Land on Which Structures are Located
Burlington Ditch Reservoir & Land Company Attn: Manuel Montoya 80 South 27th Avenue Brighton, Colorado 80601
Metropolitan Wastewater Reclamation District Attn: Robert W. Hite 6450 York Street Denver, Colorado 80229
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U.S. Army Corps of Engineers Attn: Tim Carey, Division Manager 9307 South Platte Canyon Road Littleton, Colorado 80128
Gardner Mutual Ditch Company Attn: Raymond Domenico, President 7040 Elizabeth Street Denver, Colorado 80227
16. Additional Augmentation and Exchange Replacement Sources: The Association and the individual Members may from time to time acquire other water rights that may be suitable, 1) for replacing the out of priority depletions and, 2) as a source for the exchanges discussed herein above. Those additional sources of replacement and exchanges may be used in the plan for augmentation and exchanges herein requested without further amendment, republication or additional decrees hereto provided they are lawfully adjudicated for purposes of augmentation or exchange and they are delivered though the facilities herein described.
17. Terms and Conditions:
17.1. The use of the water rights described in Section I, Paragraphs 3 through 7, above, and in Appendix I under this plan for augmentation and exchanges will be subject to the terms and conditions of previous decrees, without modification of those decrees and in conformity with the decree issued in this case.
17.2. Insofar as individual plans for augmentation of the Members that utilize the replacement sources described in Appendix I, Sections I, II and III are temporarily discontinued while this plan for augmentation is in operation, such temporary discontinuation of use shall not be grounds for a finding of abandonment of any Member’s individual water rights, rights of exchange or plans for augmentation.
17.3. Members will consent to a retained jurisdiction period of fifteen years after the date of entry of any decree entered approving this Application for reconsideration of the question of injury to the vested water rights of others with regard to the plan for augmentation pursuant to C.R.S. 37-92- 304(6). Upon a prima facie showing that injury to water rights is being caused by the plan for augmentation described herein, the Court will proceed to hear evidence regarding the additional terms and conditions, or limitations and restrictions, that should be imposed upon this plan for augmentation.
17.4. The rights of each Member in relation to other Members or to the Association shall be governed by the Establishing Contract dated December 17, 2001 and attached hereto as Exhibit A.
17.5. Members shall use appropriate measuring devices and develop new accounting sheets as required by the Office of the Division Engineer for Water Division 1. At a minimum, these accounting sheets shall include the amount of reusable water available at the point of replacement, any appropriate transit losses, the amount of water withdrawn from the water supply sources listed in Section I, Paragraphs 3 through 7, above, including both in priority diversions and diversions under this plan for augmentation, and the compilation of data relevant to any exchanges operated by the Members within the relevant stream reaches. Accounting and reporting shall be provided as requested by the Office of the Division Engineer for Water Division No. 1.
17.6. Water withdrawn by the Members pursuant to this plan for augmentation shall be fully reusable by the Members provided the source of replacement is also fully reusable.
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17.7. Insofar as this plan for augmentation combines absolute and/or conditional water rights owned by each of the Members and made available by each Member to replace out-of-priority depletions associated with the use of each Member’s water supply sources described in Section I, above, and insofar as all Members with exception of Parks provide municipal water supply to their customers, for purposes of showing diligence and completing each Member’s conditional water rights, application of each Member’s conditional water rights as replacement water under this plan for augmentation shall be diligence as to completion of the Member’s conditional water rights under individual decrees, and shall form a basis for a claim by the Association or any of its Members that such conditional rights should be made absolute.
18. Remarks:
18.1. The water used for replacement under this plan for augmentation and appropriative rights of exchange is of a quality and quantity so as to meet the requirements of C.R.S. § 37-92-305(5) and 37-80-120(3).
18.2. Attached to this Application as Exhibit B is a map of the subject reach of Cherry Creek and its tributaries including the location of points of withdrawal and diversion described in this Application and replacement sources described in Appendix I.
19. Prayers for Relief:
19.1. The Association and its Members respectfully request this Court to grant a decree approving the requested plan for augmentation as described in Section II, above.
19.2. The Association and its Members respectfully request this Court to grant a decree approving the requested water storage right in Cherry Creek Reservoir as described in Section III, above.
19.3. The Association and its Members respectfully request this Court to grant a decree approving the conditional and absolute appropriative rights of exchange as described in Section IV, above.
19.4. Member, Parks, further requests this Court to grant an appropriation date regarding the new water storage right for the Cherry Creek Reservoir of July 27, 2001, the date that this Application was ratified by the Board of Directors of the Division of Parks and Outdoor Recreation through the Director of Parks.
19.5. The Association and its Members further request this Court to grant an appropriation date of June 25, 1996 for the absolute appropriative rights of exchange which are the subject of this Application with a priority date of March 19, 1998, the date that such exchanges were implemented under the Upper Cherry Creek Regional Temporary Substitute Supply Plan, to the extent allowed pursuant to C.R.S. § 37-92-305(10).
19.6. The Association and its Members further request this Court to grant an appropriation date of June 25, 1996 for the conditional rights of exchange which are the subject of this Application.
19.7. The Association and its Members further request this Court also grant such additional relief that it deems necessary and appropriate to further the purposes of the plan for augmentation, appropriative rights of exchange, and water storage right requested herein.
19.8. This Application requests the right to operate a plan for augmentation, appropriative rights of exchange, and water storage right which will involve use of the water supply sources listed in Section I, above. No change or alteration of any type is either requested or intended regarding said water supply sources. (27 pages; Appendix 1-27 pages; Ex. A-12 pages; Ex. B-1 page; Ex. C- 4 pages; Ex. D-31 pages & Ex.E-1 page)
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2001CW285 CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS. APPLICATION FOR SURFACE WATER RIGHTS IN DOUGLAS, JEFFERSON, ARAPAHOE, DENVER, BROOMFIELD, WELD, BOULDER AND ADAMS COUNTIES;
1. Name, address and telephone number of applicant: City and County of Denver, acting by and through its Board of Water Commissioners (Denver) c/o Michael L. Walker 1600 West 12th Avenue Denver, Colorado 80204 (303) 628-6460 2. Name of Water Right: 5K Direct Flow Water Right 3. Legal Description of each point of diversion: a. The headgate of the Burlington Ditch, on the east bank of the South Platte River, in the SW1/4 of the NE1/4, Section 14, T3S, R68W, 6th P.M., in Adams County, at a point approximately 2,300 feet South and 2,200 feet West of the Northeast corner of said section. b. The headgate of the Fulton Ditch, on the east bank of the South Platte River in the NE1/4 of the SE1/4, Section 17, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,815 feet South and 145 feet West of the Northeast corner of said Section 17. c. The Metro Pump station to the Burlington Ditch. The pump station is located in the Metro Outfall, on the east side of the outfall in the NW1/4, S12, T3S, R68W, 6th P.M., Adams County. 1. Source: South Platte River and streams tributary thereto. 2. a. Date of Appropriation: August 31, 1999 b. How Appropriation was initiated: By execution of the Settlement Agreement dated August 31, 1999 between Denver, the Farmers Reservoir and Irrigation Company (FRICO), the Burlington Reservoir and Land Company, and the Henrylyn Irrigation District. The agreement, among other things, provides that Denver will lease to FRICO up to 5,000 acre- feet of reusable water per year to be delivered at a rate of up to 150 cfs. In paragraph 6.4 of the Settlement Agreement, Denver set forth that it would obtain a new water right decree for diversion into the Burlington-O’Brian Canal to make delivery of part or all of the water to be provided under the agreement. c. Date water applied to beneficial use: N/A. d. Amount claimed: 150 cfs, conditional. 1. Proposed use of water: The water diverted under the water rights sought herein will be used consistent with the terms of the Settlement Agreement. Such uses would include, but not be limited to, uses normally made in a municipal service area, including replacement, augmentation, domestic, industrial, lake and reservoir evaporation, yard, ground and park care, storage, fire, sewage, military and governmental, excluding, however, water for purposes of irrigation for agriculture. Denver seeks the right to fully consume such water by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition.
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2. Names and Addresses of owners of land on which water will be used and on which structures are located: a. The place of use is the City and County of Denver and that area that is reasonably integrated with the development of the City and County of Denver as it presently exists or as it may exist in the future including, but not limited to, uses located within the water service areas of the Cities of Brighton, Commerce City, Aurora, Westminster, Thornton and Northglenn, the Town of Lochbuie, and the South Adams County Water and Sanitation District and such other areas that are acceptable to Denver. It is not practical to identify the names and addresses of the owners of all such property. b. To the best of Denver’s knowledge, the points of diversion are being constructed on lands owned by the following persons or entities: i. Burlington Ditch: Burlington Ditch Land & Reservoir Co. 80 South 27th Avenue Brighton, CO 80601
Farmers Reservoir and Irrigation Co. 80 South 27th Avenue Brighton, CO 80601
Henrylynn Irrigation District P.O. Box 85 Hudson, CO 86042
ii. Fulton Ditch: Fulton Irrigating Ditch Company 25 South 4th Avenue Brighton, CO 80601
iii. Metro Pump Station: Denver Water Department 1600 West 12th Avenue Denver, CO 80204
1. Remarks: A map with the location of the points of diversion described herein is attached as Exhibit A. The purpose of this application is to appropriate a water right that will provide reusable water from in-basin sources to provide for uses consistent with the Settlement Agreement among Denver, the Farmers Reservoir and Irrigation Company (FRICO), the Burlington Reservoir and Land Company, and the Henrylyn Irrigation District. A copy of the Settlement Agreement has been filed with this application. The water diverted under this water right may be stored in facilities owned by Burlington/FRICO/Henrylyn water distribution system.
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2001CW286 CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS. APPLICATION FOR CONDITIONAL STORAGE RIGHT IN DOUGLAS, JEFFERSON, ARAPAHOE, DENVER, BROOMFIELD, WELD, BOULDER AND ADAMS COUNTIES; Name, address and telephone number of Applicant: City and County of Denver, acting by and through its Board of Water Commissioners (Denver, or Denver Water) c/o Michael L. Walker 1600 West 12th Avenue Denver, Colorado 80204 (303) 628-6460 1. Name of Water Right: Denver Water/South Adams County Reservoir Water Supply Project (DW/SAC Reservoir Water Supply Project) 2. Reservoir names, legal description, point of diversion, maximum rate of fill, storage volume, depth and surface area: 3. South Reservoir Complex a. Cat Reservoir, an off-channel reservoir located adjacent to the South Platte River in the W1/2 of Section 1, T3S, R68W of the 6th P.M., Adams County, more particularly described as Lot 1, Block 1, (containing 75.954 acres) and Lot 2, Block 3, (containing 5.745 acres) of the Gardeners Ditch Land Development Co. Subdivision, as filed for record April 8, 1998 in File No. 17, Map No. 824 at Reception Number CO382616 and the parcels of land described in Special Warranty Deed between Public Service Company of Colorado and Herklotz Ventures, Inc. recorded 8/19/98 in Book 5435, containing 0.947 acres. b. Miller Reservoir, an off-channel reservoir located between the Burlington Ditch and the South Platte River in the S1/2 NE1/4 and the N1/2 SE1/4 of Section 1, T3S, R68W, 6th P.M., Adams County, comprising 69.053 acres, more or less. c. Points of diversion: i. The headgate of the Burlington Ditch, on the east bank of the South Platte River, in the SW1/4 of the NE1/4, Section 14, T3S, R68W, 6th P.M., in Adams County, at a point approximately 2,300 feet South and 2,200 feet West of the Northeast corner of said section. ii. South Platte River Diversion I: On the east bank of the South Platte River in Section 1, T3S, R68W, 6th P.M., Adams County. iii. Metro Wastewater Treatment Plant Outfall: The Metro Outfall is currently located on the South Platte River near the section line between Sections 1 and 12, T3S, R68W of the 6th P.M., in Adams County. d. Capacity of ditches or pipelines used to fill the South Reservoir Complex: i. Through the Burlington Ditch, 150 cfs, ii. Through the So. Platte River Diversion I, 150 cfs, iii. From the Metro Outfall, 150 cfs.
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e. Amount claimed: i. 2,400 acre-feet, conditional, with the right to refill up to 2,400 acre-feet. These reservoirs may be connected by pipeline so as to function as a single storage unit. ii. Dead Storage: 0 acre-feet. 4. North Reservoir Complex – The North Reservoir Complex is comprised of a series of off-channel reservoirs located between the South Platte River and Highway 85 bounded by 108th Avenue on the south and 120th Avenue on the north. a. Road Runners Rest II Reservoir (RRRII), located in the SW1/4 NE1/4 of Section 4, and the NW1/4 of Section 3, T2S, R67W of the 6th P.M. The parcel contains 151.449 acres more or less. b. Hazeltine Reservoir, located in Adams County at Lot 1, Block 1 and Lot 1, Block 2 of the A.F. & Sons Subdivision, recorded June 24, 1977, File No. P.U.D.-167, Reception No. 80171; containing 126.029 acres more or less. c. Dunes Reservoir, located in Sections 2 and 3, T2S, R67W of the 6th P.M., Adams County, containing 158.445 acres, more or less. d. Howe-Haller Reservoir, located in part of the S1/2 of S3, the S1/2 SE1/4 and the SE1/4 SW1/4 of Section 4, the E1/2 NW1/4 and part of the NE1/4 of Section 9, T2S, R67W of the 6th P.M., Adams County, Colorado, and more particularly described in that certain plat of the Eagle’s Roost Reservoirs Subdivision recorded March 23, 1995, in the records of the Clerk and Recorder of the County of Adams, State of Colorado at Case No. 109-92-P, File No. 17, Map No. 361, Reception No. C0060703, containing 392 acres more or less. e. Brinkmann-Woodward Reservoir, located in the NW1/4 NE1/4 of S3, T2S, R67W, 6th P.M., Adams County more particularly described as Lot 1, Block 1, and Lot 1, Block 2, Brinkmann-Woodward Pit No. 1 Subdivision, a replat of Henderson Industrial Park, First Filing recorded August 9, 1982, File No. 14, Map No. 877, except that part conveyed to Adams County in the Deed recorded March 27, 1991 in Book 4094 at page 355, which results in a net of 20.3098 acres. f. Tanabe Reservoir, located in S10, T2S, R67W, 6th P.M., Adams County. g. Points of diversion: i. The headgate of the Fulton Ditch, on the east bank of the South Platte River in the NE1/4 SE1/4, Section 17, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,815 feet South and 145 feet West of the Northeast corner of said Section 17. ii. The headgate of the Burlington Ditch, on the east bank of the South Platte River, in the SW1/4 of the NE1/4, Section 14, T3S, R68W, 6th P.M., in Adams County, at a point approximately 2,300 feet South and 2,200 feet West of the Northeast corner of said section. iii. South Platte Diversion II: On the east bank of the South Platte River in the W1/2 NW1/4 of Section 9, T2S, R67W, 6th P.M., Adams County.
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iv. South Platte Diversion III: On the east bank of the South Platte River in the NE1/4 SW1/4 of Section 4, T2S, R67W, 6th P.M., Adams County. h. Capacity of ditches or pipelines used to fill reservoirs: i. Through the Fulton Ditch, 300 cfs, ii. Through the Burlington Ditch, 150 cfs, iii. Through the South Platte Diversion II, 150 cfs, iv. Through the South Platte Diversion III, 150 cfs. i. Amount claimed: i. 17,747 acre-feet, conditional, with the right to refill up to 17,747 acre-feet. These reservoirs may be interconnected by pipelines and other necessary facilities so that they can function either separately or as a single storage unit. ii. Dead Storage: 0 acre-feet. 5. Source: South Platte River and streams tributary thereto. Denver seeks the right to fill and refill the above-described reservoirs. 6. Date of Appropriation: a. Date of initiation of appropriation: October 15, 1996. b. How appropriation was initiated: By approval by the Board of Water Commissioners of the “Board Resource Statement”. This document identified the strategies to be used to meet future supply, including the use of non-potable reuse and additional surface storage. Denver has continued its original intent without interruption; the Recycling Plant is currently under construction and the reservoir sites have been acquired. c. Date water applied to beneficial use: N/A. The appropriations sought by this application are conditional water storage rights. 7. Proposed use of water: The water diverted under the water rights sought herein will be used directly, by storage and/or exchange, for irrigation, 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, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and/or replacement, adjustment and regulation of Denver’s water supply system, including maintenance of adequate storage reserves and further exchange within Denver’s system and with other water users. Denver seeks the right to fully consume such water used through its municipal system by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition. 8. Names and Addresses of owners of land on which water will be used and on which structures are located: a. The place of use is the City and County of Denver and that area that is reasonably integrated with the development of the City and County of Denver as it presently exists or as it may exist in the future including, but not limited to, uses located within the water service areas of the Cities of Brighton, Commerce City, Aurora, Westminster, Thornton and Northglenn, the Town of Lochbuie, and the South Adams County Water and Sanitation District and such other areas that are acceptable to Denver. The place of use includes all areas that now or in the future receive water from Denver including contract distributors and other users both inside December Resume -101-
and outside the current and future service area. It is not practical to identify the names and addresses of the owners of all such property. b. To the best of Denver’s knowledge, the storage facilities and new points of diversion are being or will be constructed on lands owned by the following persons or entities: Places of Storage i. Miller Reservoir and the North Reservoir Complex: City and County of Denver, acting by and through its Board of Water Commissioners 1600 West 12th Avenue Denver, CO 80204
South Adams County Water and Sanitation District P.O. Box 597 Commerce City, CO 80037-0597 ii. Cat Reservoir: Herklotz Ventures, Inc. c/o Mr. Jim Felix Post Office Box 257 Westminster, CO 80030 Places of Diversion iii. Burlington Ditch: Burlington Ditch Land & Reservoir Co. 80 South 27th Avenue Brighton, CO 80601 Farmers Reservoir and Irrigation Co. 80 South 27th Avenue Brighton, CO 80601
Henrylynn Irrigation District P.O. Box 85 Hudson, CO 86042 iv. Fulton Ditch: Fulton Irrigating Ditch Company 25 South 4th Avenue Brighton, CO 80601 v. South Platte River Diversion I: Public Service Company of Colorado 550 – 15th Street, #900 Denver, CO 80202 vi. South Platte River Diversion II: McIntosh Farm Company 11910 Riverdale Road Brighton, CO 80602
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vii. South Platte River Diversion III: Claude H. & Dixie B. Frick 8025 East 104th Avenue Henderson, CO 80640
Helen D. Champion 6942 Vance Street Arvada, CO 80003
Joseph G. Elledge 8025 East 104th Avenue Henderson, CO 80640 viii. Metro Wastewater Treatment Plant outfall: Metro Wastewater Reclamation Dist. 6450 York Street Denver, CO 80229 Remarks: A map is attached hereto as Exhibit A, which depicts the locations of the reservoirs and various points of diversion. All of these reservoirs are currently under construction, and as such, the actual capacity, maximum depth and surface area will depend on the as-built parameters of each individual reservoir. The South Complex Reservoirs may be filled through the facilities of the Burlington Ditch, or in combination with diversions from the South Platte River at South Platte Diversion I and from the outfall of the Metro Wastewater Treatment plant. The North Complex Reservoirs may be filled using facilities of the Fulton Ditch, which facilities will be enlarged pursuant to a contract with the Fulton Ditch Company dated June 15, 2001. The North Complex Reservoirs may also be filled through the facilities of the Burlington Ditch (for which a carriage agreement has not yet been negotiated), or by diversions from the South Platte River at either South Platte Diversion II or South Platte Diversion III. In addition to storage of water under this application, Denver also intends to store in these reservoirs any other water it owns or controls. The manner Denver will use the water from the rights applied for herein include, but are not limited to, the following purposes: 1) to replace diversions from Denver’s Recycling Plant being built near the Metro Wastewater Reclamation Plant, and which will use water diverted from the wastewater plant (under application filed contemporaneously with this application), 2) to provide replacement water for exchanges to upstream facilities owned or controlled by Denver under the priorities awarded in CA 3635, W-8783, and CA3286, 3) to provide replacement water for future exchanges as may be filed by Denver or for future direct non-potable or potable use and 4) to provide all or a portion of the 5K water pursuant to the Settlement Agreement dated August 31, 1999 between Denver, the Farmers Reservoir and Irrigation Company (FRICO), the Burlington Reservoir and Land Company, and the Henrylyn Irrigation District. A copy of the Settlement Agreement has been filed with this application.
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2001CW287 CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS IN DOUGLAS, JEFFERSON, ARAPAHOE, DENVER, BROOMFIELD, WELD, BOULDER AND ADAMS COUNTIES; APPLICATION FOR SURFACE WATER RIGHT AND CONDITIONAL RIGHTS OF SUBSTITUTION AND EXCHANGE 1. Name, address and telephone number of Applicant: City and County of Denver, acting by and through its Board of Water Commissioners (Denver, or Denver Water) c/o Michael L. Walker 1600 West 12th Avenue Denver, Colorado 80204 (303) 628-6460 SURFACE WATER RIGHT 2. Name of Water Right: Recycling Plant Intake 3. Legal Description of the point of diversion: The Metro Pump station to the Burlington Ditch. The pump station is located in the Metro Outfall, on the east side of the outfall in the NW1/4, S12, T3S, R68W, 6th P.M., Adams County. 4. Source: South Platte River and streams tributary thereto. 5. Date of initiation of appropriation: October 15, 1996 6 How appropriation was initiated: By approval by the Board of Water Commissioners of the “Board Resource Statement”. This document identified the strategies to be used to meet future supply, including the use of non-potable reuse. Denver has continued its original intent without interruption and the Recycling Plant is currently under construction. 7. Amount claimed: 70 cfs, conditional. 8 Date water applied to beneficial use: Not applicable. The appropriations sought by this application are conditional water rights. RIGHTS OF SUBSTITUTION AND EXCHANGE 9. Exchange-from-Points (Points of Substitution and Exchange) a. The Metropolitan Wastewater Reclamation District Outfall. i. Location: The Metro Outfall is currently located on the South Platte River near the section line between Sections 1 and 12, T3S, R68W of the 6th P.M., in Adams County. ii. Rate of Release of Substitute Supply: 70 cfs b. The confluence of the Metropolitan Wastewater Reclamation District Outfall and the South Platte River, from sources of water owned or controlled by Denver in the South Platte River. i. Location: The Metro Outfall is currently located on the South Platte River near the section line between Sections 1 and 12, T3S, R68W of the 6th P.M., in Adams County. ii. Rate of Release of Substitute Supply: 70 cfs
c. The Outlet of the South Reservoir Complex. i. Location: The common outlet of the South Reservoir Complex as it is planned and may be relocated in the future. The outlet is planned to be located within the following area: the W1/2 NE1/4, the NW1/4 SE1/4, the E1/2 NW1/4 and the NE1/2 SW1/4 of S1, T3S, R68W, 6th P.M., in Adams County, Colorado. ii. Rate of Release of Substitute Supply: 70 cfs d. The confluence of the South Platte River and Clear Creek, from sources of water owned or controlled by Denver in Clear Creek. i. Location: The confluence is currently located in the SE1/4 of S36, T2S, R68W of the 6th P.M., in Adams County, Colorado. ii. Rate of Release of Substitute Supply: 70 cfs
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e. The Outlet of the North Reservoir Complex. i. Location: The common outlet of the North Reservoir Complex as it is planned and may be relocated in the future. The outlet is planned to be located within the NW1/4 NE1/4 of S3, T2S, R67W, 6th P.M., Adams County. ii. Rate of Release of Substitute Supply: 70 cfs f. The Outfall of the South Adams County Wastewater Treatment Plant with the South Platte River. i. Location: The South Adams County WWTP flows enter the South Platte River in the SE1/4 of S17, T2S, R67W of the 6th P.M., in Adams County. ii. Rate of Release of Substitute Supply: 13 cfs g. The outfall of any existing or future wastewater treatment plants that treat Denver’s reusable water supplies. h. Lawn Irrigation Return Flows. i. Location and Rate of Release of Replacement/substitute supply: To be determined in the future adjudication of Denver’s lawn irrigation return flows. 10. Exchange-to-Point (Point of diversion by substitution or exchange) a. Denver Water’s Recycling Plant Intake i. Location: The outfall of the Metropolitan Wastewater Reclamation District. The Metro Outfall is currently located on the South Platte River near the section line between Sections 1 and 12, T3S, R68W of the 6th P.M., in Adams County. ii. Rate of diversion by exchange: 70 cfs iii. Source: Effluent emanating from the Metropolitan Wastewater Reclamation District outfall 11. Date of appropriation of exchange rights: a. Date of initiation of appropriation: October 15, 1996 b. How appropriation was initiated: By approval by the Board of Water Commissioners of the “Board Resource Statement”. This document identified the strategies to be used to meet future supply, including the use of non-potable reuse. Denver has continued its original intent without interruption and the Recycling Plant is currently under construction. c. Date water applied to beneficial use: Not applicable. The appropriations sought by this application are conditional water rights. 12. Proposed Use of Water: The water diverted under the rights sought herein will be used directly, by storage and/or by exchange, for irrigation, 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, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and/or replacement, adjustment and regulation of Denver’s entire water supply system, including maintenance of adequate storage reserves and further exchange with other water users. Denver seeks to consume the water used to the same extent as it is entitled to consume the sources of substitute supply given in replacement or exchange, and will do so by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition. Following one or more uses, Denver may use this water as substitute supply and to meet replacement or other obligations for any of its other decreed water rights. 13. Amount: 70 cfs, conditional.
14. Sources of Substitute Supply: a. Water owned or controlled by Denver in, or naturally tributary to, the South Platte River, b. Transmountain water rights owned or controlled by Denver, c. The effluent and non-sewered (lawn irrigation) return flows generated by use of the foregoing water rights, and d. Any water rights or rights to use water acquired by Denver in the future to the extent the decree for the water allows such a use. 15. Description of Proposed Substitution and Exchange: Denver seeks to confirm through this application its appropriation of rights of exchange which will allow it to move water upstream from the exchange-from-points set forth in Paragraph 3 of this application to the point of diversion
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of the Metro Wastewater Reclamation Plant. Denver also seeks to confirm its rights of substitution which will allow it to release water from facilities located upstream of the confluence of the South Platte River and the Metro Outfall in substitution of water diverted by the Recycling Plant. Denver has filed concurrently with this application an application for storage rights in the Denver Water/South Adams County Reservoir Storage Project, which seeks to adjudicate storage rights for the North Complex and South Complex reservoirs. Denver may also operate this plan for substitution and exchange during times of free river in order to change the character of water treated at the recycling plant. 16. Place of Use: The place of use is the City and County of Denver and that area that is reasonably integrated with the development of the City and County of Denver as it presently exists or as it may exist in the future including, but not limited to, uses located within the water service areas of the Cities of Brighton, Commerce City, Aurora, Westminster, Thornton and Northglenn, the Town of Lochbuie, and the South Adams County Water and Sanitation District and such other areas that are acceptable to Denver. The place of use includes all areas which now or in the future receive water from Denver including contract distributors and other users both inside and outside the current and future service area. It is not practical to identify the names and addresses of the owners of all such property.
17. Names and addresses of owners of land.
a. Miller Reservoir and the North Reservoir Complex: City and County of Denver, acting by and through its Board of Water Commissioners 1600 West 12th Avenue Denver, CO 80204
South Adams County Water and Sanitation District P.O. Box 597 Commerce City, CO 80037-0597 b. Cat Reservoir: Herklotz Ventures, Inc. c/o Mr. Jim Felix Post Office Box 257 Westminster, CO 80030 c. Metro Wastewater TP outfall: Metro Wastewater Reclamation Dist. 6450 York Street Denver, CO 80229 d. South Adams County Wastewater TP outfall: South Adams County W&S District P.O. Box 597 Commerce City, CO 80037-0597 18. Remarks: Exhibit A, attached to this application, shows the location of the various streams and facilities involved.
Denver is currently constructing a Recycling Plant, located on the site of its former Reuse Demonstration Plant. The Recycling Plant will take as its source of supply water from the effluent stream of Metro and treat this water for non-
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potable uses. At times, Denver may divert reusable effluent at the outfall or will divert under the surface water right sought herein so that no augmentation will be necessary. This application will also provide a supplemental supply of reusable water for replacement to the South Platte River for diversions made by the Recycling Plant during times when insufficient reusable effluent exists in the Metro effluent stream or the surface water right is out of priority. Denver will continue to reuse effluent by exchange and will use the Recycling Plant as an additional means of reusing water.
2001CW288 - CORNISH PLAINS LIVESTOCK, LLLP Witwer, Oldenburg, Barry & Bedingfield, LLP, 822 7th St., Suite 760, Greeley, CO 80631 (970)352-3161 APPLICATION FOR WATER STORAGE RIGHT, IN WELD COUNTY.
1. Name, address and telephone number(s) (residence and business) of applicant(s):
Cornish Plains Livestock, LLLP 16317 CO HWY 52 Fort Lupton, CO 80621 Attention Gordon D. Brown (303)857-2936
Please direct all future correspondence and pleadings to:
Stow L. Witwer, Jr. Witwer, Oldenburg, Barry & Bedingfield, LLP 822 7th Street, Suite 760 Greeley, CO 80631 (970)352-3161 fax: (970)352-3165
2. Name of Reservoir: Brown Reservoir
3. Legal descriptions:
A. Location of Reservoir: Portions of the NE 1/4 NW 1/4, NW 1/4 NE 1/4, Section 17, and SE 1/4 SW 1/4 and SW 1/4 SE 1/4 of Section 8, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado. A general location map is attached hereto as Exhibit A.
B. The Reservoir is off-channel. The names of the ditches used to fill the reservoirs are the Greeley No. 2 Canal, capacity 650 c.f.s., the North Side Lateral and the North Side Extension Ditch, each with a capacity of 100 c.f.s. Inflows into and along the courses of such ditches are diverted between the headgate of the Greeley No. 2 canal, located at the SW1/4SE1/4NE1/4 of Section 11, Township 6 North, Range 68 West of the 6th P.M. in Larimer County, Colorado, at a point which lies approximately N 87° 30’ W 1040 feet from the 1/4 section corner common to Section 11 and 12 in said Township 6 North and Range 68 West, and Headgate No. 31 of the North Side Extension Ditch, located approximately in the SE 1/4 SW 1/4 and SW 1/4 SE 1/4 of Section 8, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado. The intervening courses of such ditches are located in the following sections of land:
1. The North Side Extension Ditch is located in Sections 7 and 8, Township 6 North, Range 63 West; Sections 11, 12, 14, 22, and 23, Township 6 North, Range 64 West.
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2. The North Side Lateral Ditch is located in Sections 7, 8, 17, 20, 21, 22 and 27, Township 6 North, Range 64 West; Sections 10, 12, 13, 14 and 15, Township 6 North, Range 65 West.
3. The Greeley No. 2 Canal is located in Sections 15, 16, 17, 18 and 19, Township 6 North, Range 65 West; Section 13, 14, 15, 16, 17, 19, 20, 23 and 24, Township 6 North, Range 66 West; Sections 14, 15, 16, 17, 18, 23 and 24, Township 6 North, Range 67 West; Sections 11, 12, and 13, Township 6 North, Range 68 West.
4. Sources:
Sources include surface water, flood water and drainage water, including precipitation and irrigation runoff, flowing into, collected by, or otherwise turned out by the John Law Seep Ditch and Drainage, Cole Bank Draw, also known as Coalbank Draw, Graham Seep Ditch, Eaton Draw, Willow Creek, which is also known as Galeton Draw, Owl Creek, which is also known as Howard Drain, North Side Lateral, North Side Extension Ditch, or the Greeley No. 2 Canal. Such sources are tributary to the Cache La Poudre or South Platte River or their tributaries. 5. A. Date of appropriation: On or before May 1, 1977, at which time the engineering, planning, and construction was completed.
B. How appropriation was initiated: Completion of reservoir, replacement of headgate, and commencement of application of water on crops.
C. Date water applied to beneficial use: On or before May 1, 1977.
6. Amounts claimed: 330 acre feet, absolute, with the right to continuously refill the reservoir.
7. Use: Irrigation, stock watering, fire protection, piscatorial, preservation and enhancement of wildlife habitat, and replacement of lake and reservoir evaporation. Such beneficial uses are accomplished by direct use and storage.
A. If irrigation, complete the following:
(1) Number of acres historically irrigated: 660 (approx.)
(2) Total number of acres proposed to be irrigated: The same acreage as historically irrigated.
(3) Legal description of acreage irrigated or to be irrigated: Said lands are situate in all or portions of Sections 4, 5, 8, and 9 Township 6 North, Range 63 West, Weld County, Colorado.
8. Surface area of high water line: 35 acres (approx.)
A. Maximum height of dam in feet: 12 (approx.) Length of dam in feet: 400 (approx.)
9. Total Capacity of reservoir in acre feet: 330 (approx.) Active Capacity: 330 acre feet (approx.) Dead Storage: 0 acre feet
10. Name(s) and address(es) of owner(s) of land on which structure(s) for the water rights are located (land where dam is located and land within the high water line):
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Cornish Plains Livestock, LLLP 16317 CO HWY 52 Fort Lupton, CO 80621 Attention Gordon D. Brown (303)857-2936
The owners of the ditches are believed to be:
The New Cache La Poudre Irrigating Company The North Side Extension Ditch Company 33040 Railroad Avenue 33040 Railroad Avenue P.O. Box 104 P.O. Box 104 Lucerne, CO 80646 Lucerne, CO 80646
The North Side Lateral Company 33040 Railroad Avenue P.O. Box 104 Lucerne, CO 80646
Address and Telephone Number of Applicant: 16317 CO HWY 392 Fort Lupton, CO 80621 (303)857-2936
2001CW289 CLEAR CREEK SCHOOL DISTRICT NO. RE-1, P.O. Box 3399, Idaho Springs Co 80452 APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHTS, CHANGE OF WATER RIGHTS AND APPROPRIATIVE RIGHT OF EXCHANGE, IN CLEAR CREEK COUNTY. PETROCK & FENDEL, PC, James J. Petrock, #2881,Frederick A. Fendel, III, #104761630 Welton Street, Suite 200,Denver, Colorado 80202, (303) 534-0702 ;2. Structures: 2.1 Clear Creek School Pond No. 1;2.2 Clear Creek School Infiltration Gallery ;Location: 3.1Clear Creek School Pond No. 1 dam is located in the SE1/4NW1/4 and the NE1/4SW1/4 section 12, Township 4 south Range 72 west, 6th P.M., Clear Creek County. The right abutment of the dam is approximately 1500 ft east of the west section line and 2740 ft south of the north section line; 3.2 Clear Creek School Infiltration Gallery is located in Beaver Brook in the NE1/4SW1/4, section 12, at approximately latitude 39 42' 47" north, longitude 105 23' 28" west; 3.3 Capacity of infiltration gallery/inlet: 150 gpm (0.33 cfs); 4. Source: Beaver Brook, a tributary of Clear Creek and local drainage;5. Date of appropriation: August 20, 2001;5.1 How appropriation initiated: Surveying, engineering and commencement of construction on August 20, 2001, confirmed by School Board Resolution;DIRECT FLOW AND STORAGE RIGHTS;6. Amount claimed: 6.18 acre feet, conditional; 6.2 Rate of diversion for direct flow right and for filling reservoir: 150 gpm, conditional;7. Use: Irrigation;7.1Acres to be irrigated: Approximately 5acres of landscaping grounds and athletic fields associated with the Clear Creek High School;7.2 Description of acreage to be irrigated: Legal description is attached to application and available from the water clerk or from counsel for the applicant;8. Description of structure:8.1 Surface area of high water line: Approximately 1 acre;8.2 Maximum height of dam: 33 feet; 8.3 Length of dam: 2500 feet; 9. Capacity of reservoir 11.88 acre feet. Dead storage: -0- acre feet; Owners of land on which structures are located: Pond: Applicant. Infiltration Gallery: Shirley McCormick.47 Elmgreen Lane, Evergreen, CO 80439; CHANGE OF WATER RIGHT11. Water right to be changed: Augmentation plan and exchange of Vidler Tunnel Water to Beaver Brook Reservoir;11.1Original Decree: Case No. W-9483-78, entered November 9, 1979, amended August 28, 1981;11.2 Description of change: The original decree approved an augmentation plan for a residential development and school. The augmentation water was 35.1 acre feet per year leased from the Vidler Tunnel Water Company. 25 acre feet per year was to be exchanged to storage in the Beaver Brook Reservoirs, located upstream on Beaver Brook, all as described in W-9483-78;11.3 Applicant was co- applicant for, and beneficiary of part of, the plan for augmentation for the school site. Applicant now owns the right to 5.4 acre feet per year of water delivered from the Vidler Tunnel into Leavenworth Creek. After transit losses, 4.26 acre feet per year is delivered to the confluence of Beaver Brook and Clear Creek for exchange to the Beaver Brook Reservoirs and use in the augmentation plan. No priority date was expressly
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assigned to the exchange. Water was to be released from the Beaver Brook Reservoirs to augment well diversions for domestic and in-building school use;11.4Applicant proposes to change the augmentation plan and exchange to withdraw from the plan its portion of the Vidler water, to permit diversion of applicant’s portion of the Vidler water by exchange at the Clear Creek School Infiltration Gallery for direct use and storage in the Clear Creek School Pond No. 1, and to use the water for irrigation of school grounds. Applicant also seeks to clarify the exchange has a priority date of December 29, 1978, the date of the application in W-9483-78, and 1978 adjudication date.EXCHANGE -11. Point of Diversion: Clear Creek School Infiltration Gallery;12. Point of release of substitute supply: Confluence of Beaver Brook and Clear Creek in the NW1/4, section 3, Township 4 south, Range 71 west, 6th P.M., Jefferson County;13. Rate: 150 gpm; 14. Use: Irrigation, as described above. The water will be used directly or stored in the Clear Creek School Pond No.1; 15. Source of substitute supply: water leased from the Vidler Water Company. Vidler water in addition to the 5.4 acre feet described above, up to a total of 10 acre feet will be exchanged;16. Priority date: August 20 , 2001. Initiated as described in paragraph 5.1.1 WHEREFORE, Applicant prays for a decree granting its conditional direct flow, storage, and exchange rights, approving the change of water rights as described herein, and for such other and further relief as may be appropriate.
2001CW290 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK (Paul J. Zilis, Vranesh & Raisch, LLP,1720 14th Street, #200, Boulder, CO 80302. Telephone: (303) 443-6151 Fax: (303) 443-9586 Email: [email protected]. AND THE CLEAR CREEK ECONOMIC DEVELOPMENT CORPORATION , Robert G. Cole, Collins, Cockrell & Cole PC, 390 Union Blvd., Ste. 400, Denver, CO 80228-1556 Telephone: (303)986-1556 Fax: (303)986-1755 Application for Water Storage Right, IN CLEAR CREEK COUNTY.
1. Name, address, and telephone numbers of applicants:
Board of county commissioners of the county of Clear Creek P. O. Box 2000 Georgetown, CO 80444 (303)679-2312 Clear Creek Economic Development Corporation P. O. Box 2030 Georgetown, CO 80444 (303)569-2133
2. Name of Reservoirs:
A. Ball Placer Reservoir
B. Leavenworth Reservoir No. 1
C. Leavenworth Reservoir No. 2
D. Bakerville Reservoir No. 1
E. Bakerville Reservoir No. 2
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3. Legal Description:
A. Location of Dams (include distance and bearing to outlet from established government section corner or quarter corner; or distance from section lines, and indicate 1/4 1/4, section number, township, range and meridian; include map)
(1) Ball Placer Reservoir: NE 1/4 SW 1/4, Section 28, T3S, R74W, 6th P.M., at a point approximately 1,420 feet from the West Section line and 2,180 feet from the South Section line of said Section 28.
(2) Leavenworth Reservoir No. 1: T5S, R75W, 6th P.M., at a point on Leavenworth Creek whence the SW corner of Section 36, T4S, R75W, 6th P.M., bears N 37° 40' E a distance of 6,350 feet.
(3) Leavenworth Reservoir No. 2: SW 1/4 SW 1/4, Section 36, T4S, R75W, 6th P.M., at a point approximately 4,900 feet from the East Section line and 290 feet from the North Section line of said Section 36.
(4) Bakerville Reservoir No. 1: NW 1/4 NE 1/4, Section 21, T4S, R75W, 6th P.M., at a point approximately 1,800 feet from the East Section line and 650 feet from the North Section line of said Section 21.
(5) Bakerville Reservoir No. 2: T4S, R75W, 6th P.M., at a point on Clear Creek whence the NW corner of Section 22, T4S, R75W, 6th P.M., bears N 86° 00' E a distance of 11,000 feet.
B. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate 1/4 1/4, section number, township, range, and meridian, include map). N/A
All reservoirs will be on-channel reservoirs, except the Ball Placer Reservoir. It will be filled through the Ball Placer Pipeline, with a capacity of 5 cfs, and a point of diversion on Bard Creek in the NW 1/4 NW 1/4, Sec. 33, T3S, R74W, 6th P.M. at a point 480 feet from the North line and 320 feet from the West line of said Section 33.
4. Sources:
A. Ball Placer Reservoir No.: Natural inflows from Bard Creek, tributary to Clear Creek;
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B. Leavenworth Reservoir No. 1: Natural inflows from Leavenworth Creek, a tributary to Clear Creek;
C. Leavenworth Reservoir No. 2: Natural inflows from Leavenworth Creek, tributary to Clear Creek;
D. Bakerville Reservoir No. 1: Natural inflows from the mainstem of Clear Creek through Clear Creek; and
E. Bakerville Reservoir No. 2: Natural inflows from the mainstem of Clear Creek through Clear Creek.
5. A. Date of appropriations: December 27, 2001
B. How appropriations were initiated: Physical staking of the dam and diversion sites; field investigations; engineering analyses; adoption of a Resolution by the board of county commissioners of the county of Clear Creek at a public meeting; and authorization by the Board of Directors of the Clear Creek Economic Development Corporation.
C. Date water applied to beneficial use: N/A
6. Amount claimed:
A. In acre feet ( ) Absolute ( X ) Conditional:
(1) Ball Placer Reservoir: 110 acre feet
(2) Leavenworth Reservoir No. 1: 155 acre feet
(3) Leavenworth Reservoir No. 2: 160 acre feet
(4) Bakerville Reservoir No. 1: 70 acre feet
(5) Bakerville Reservoir No. 2: 80 acre feet
B. If off-channel reservoir, rate of diversion in cfs for filling the reservoir ( ) Absolute ( X ) Conditional: N/A
(1) Ball Placer Reservoir: 5 c.f.s.
7. Use:
A. If irrigation, complete the following: N/A
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B. If non-irrigation, describe purpose fully:
All municipal purposes, including fire protection, irrigation of lawns, gardens and parks, domestic, commercial, industrial, recreational, fish and wildlife propagation, reservoir evaporation replacement, augmentation, and the right of reuse.
8. Surface area of high water line:
(1) Ball Placer Reservoir: 7.3 acres
(2) Leavenworth Reservoir No. 1: 9.5 acres
(3) Leavenworth Reservoir No. 2: 10.3 acres
(4) Bakerville Reservoir No. 1: 5.3 acres
(5) Bakerville Reservoir No. 2: 5.9 acres
A. Maximum height of dam in feet:
(1) Ball Placer Reservoir: 30 feet
(2) Leavenworth Reservoir No. 1: 45 feet
(3) Leavenworth Reservoir No. 2: 45 feet
(4) Bakerville Reservoir No. 1: 30 feet
(5) Bakerville Reservoir No. 2: 40 feet
B. Length of dam in feet:
(1) Ball Placer Reservoir: 900 feet
(2) Leavenworth Reservoir No. 1: 1,050 feet
(3) Leavenworth Reservoir No. 2: 850 feet
(4) Bakerville Reservoir No. 1: 470 feet
(5) Bakerville Reservoir No. 2: 480 feet
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9. Capacities of reservoirs in acre feet:
A. Ball Placer Reservoir:
Total capacity: 110 acre feet Active capacity: 110 acre feet Dead storage: 0 acre feet
B. Leavenworth Reservoir No. 1:
Total capacity : 155 acre feet Active capacity: 155 acre feet Dead storage: 0 acre feet
C. Leavenworth Reservoir No. 2:
Total capacity: 160 acre feet Active capacity: 160 acre feet Dead storage: 0 acre feet
D. Bakerville Reservoir No. 1:
Total capacity: 70 acre feet Active capacity: 70 acre feet Dead storage: 0 acre feet
E. Bakerville Reservoir No. 2:
Total capacity: 80 acre feet Active capacity: 80 acre feet Dead storage: 0 acre feet
10. Name(s) and address(es) of owner(s) of land on which structure(s) for the water right is located (land where dam is located and land within high water line)
Clear Creek County Colorado Department of Transportation P. O. Box 2000 4201 E. Arkansas Georgetown, CO 80444 Denver, CO 80222-3400
U.S. Forest Service Town of Empire Arapahoe-Roosevelt Natl. Forest 203 G 240 W. Prospect Empire, CO 80438 Fort Collins, CO 80526
11. Remarks or any other pertinent information: None (8 pages; map 1 page)
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2001CW291 CONCERNING THE APPLICATION FOR WATER RIGHTS OF TIROX INVESTMENT COMPANY AND THOMAS ROBERTS, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Tirox Investment Company, 4720 S. Santa Fe Circle, #9, Englewood, Colorado 80110, and Thomas Roberts, 6910 W. Fairview Dr., Littleton, Colorado 80128 (303) 933-6655. Please send all correspondence to: (Holly I. Holder, Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Laramie-Fox Hills aquifer will be located at any location on approximately 35 acres of land, known as Parcel 5, Titan Road Ranchettes, located in the NE1/4 of Section 25, T6S, R69W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Laramie-Fox Hills aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants may also withdraw the water in the Laramie-Fox Hills aquifer through an existing well which is the subject of Well Permit No. 236033. Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifer as indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amount is representative of the Laramie-Fox Hills aquifer underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Laramie-Fox Hills 180 feet 9.5 acre-feet The average annual amount available for withdrawal from the subject aquifer will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to the not nontributary groundwater underlying the Subject Property which is the subject of this application. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37- 90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: Approximately 2 acre-feet per year of the Laramie-Fox Hills aquifer groundwater to be decreed herein as described in paragraph 5 above. Applicants reserves the right to decrease or increase this amount without amending this application or republishing the same. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: The subject Laramie-Fox Hills aquifer groundwater will be used for domestic, commercial use in a stable operation, irrigation, stockwatering and fire protection purposes on the Subject Property. For purposes of this application, 0.5 acre-feet per year is associated with domestic and commercial use, 0.75 acre-feet per year is associated with stockwatering use, and December Resume -115-
0.5 acre-feet per year is associated with irrigation, and 0.25 acre-feet per year is associated with fire protection purposes. Applicants reserve the right to amend these uses and values based on final planning of the Subject Property. Sewage treatment for the domestic and commercial use will be provided by non-evaporative septic systems. Consumptive use associated with domestic and commercial use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering and fire protection water will be 100% consumed. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace depletions in an amount equal to 4% of the annual amount withdrawn to Plum Creek pursuant to 37-90-137(9)(c), C.R.S. Return flows from use of the subject water rights will accrue to the South Platte River system via that system, and those return flows are sufficient to replace an amount equal to 4% of the annual amount withdrawn while the subject groundwater is being pumped. After the 100th year, after the entire amount has been withdrawn, or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will purchase an amount of nontributary groundwater which is equal to the amount to be withdrawn herein to be reserved for future use in this augmentation plan. Said water may be water decreed in Case No. 94CW100, District Court, Water Division 1, which water is generally located in parts of Sections 12 and 13, T8S, R68W and Sections 17 and 18, T8S, R67W, or water decreed in Case No. 2001CW097, District Court, Water Division 1, which water is generally located in the SW1/4 of Section 5, T7S, R68W of the 6th P.M. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on an estimate of the relative value for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw part of the not nontributary Laramie-Fox Hills aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that:A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Laramie-Fox Hills aquifer is not nontributary groundwater; C. 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; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises.
2001CW292 COLORADO CHRISTIAN UNIVERSITY and WILLOW SPRINGS ENTERPRISES, Application for Surface Water, Underground Water and Water Storage Rights IN JEFFERSON COUNTY. 1. Name, address, and telephone number of Applicants and Counsel: Colorado Christian University (“CCU”), 180 South Garrison Street, Lakewood, CO 80226, Phone No.: (303) 963-3350; Co-Applicant Willow Springs Enterprises (“WSE”), 5461 Willow Wood Drive, Morrison, CO 80465, Phone No.: (303) 697-4695 (direct pleadings and correspondence to Applicants’ counsel, Stephen H.
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Leonhardt, Fairfield and Woods, P.C., 1700 Lincoln Street, Suite 2400, Denver, CO 80203, (303) 830-2400). 2. Names of Structures: (A) Ponsford 3 System: (i) Ponsford No. 3 Pond, (ii) Ponsford No. 3 Spring and Pipeline, (iii) Ponsford No. 3 Well and Pipeline; (B) CCU Springs and Pipeline: (i) CCU Spring No. 1, (ii) CCU Spring No. 2, (iii) CCU Pipeline No. 1; (C) CCU Pond No. 1. 3. Claim for Surface Water, Underground Water and Water Storage Rights - Ponsford 3 System: Legal Description of each point of diversion and storage: (i) Ponsford No. 3 Pond: The Pond is formed by a low earth embankment approx. 7 feet high and 150 feet long. The pond has a surface area of approx. 0.4 acres and an active storage capacity of approx. 1.5 acre-feet. The center of the dam embankment at the spillway is approx. 2510 ft. from W line and 2210 ft. from N line of S13, T5S, R70W of the 6th P.M; (ii) Ponsford No. 3 Spring and Pipeline: The spring is located at a point approx. 2520 ft. from W line and 2250 ft. from N line of S13, T5S, R70W 6th P.M. Water from this spring is pumped through a pipeline to CCU’s storage tank and distribution system, directly or through Ponsford No. 3 Well and Pipeline; (iii) Ponsford No. 3 Well and Pipeline: Well is located at a point approx. 2540 ft. from W line and 2260 ft. from N line of S13, T5S, R70W 6th P.M. Water from this well is pumped through a pipeline to CCU’s storage tank and distribution system. Sources of water: Natural seeps, springs, surface runoff, irrigation return flows, seepage, and shallow groundwater tributary to Ponsford No. 3 Pond and to the unnamed drainage at the head of which the Ponsford 3 System is located, which drainage is tributary to Weaver Gulch, tributary to Bear Creek. Appropriation and Beneficial Use: Date and Method of Initiation of Appropriation: July 13, 1919, by survey. As per map and statement filed with the State Engineer on June 17, 1920, 3.0 cfs was appropriated for irrigation and domestic purposes under the name Ponsford Ditch No. 3. The structures described on the map and statement are the Ponsford No. 3 Pond and the Ponsford No. 3 Spring and Pipeline as described above. The Ponsford No. 3 Well and Pipeline was subsequently developed in the early 1980s as an alternate point of diversion for Ponsford No. 3 Spring and Pipeline. Application to Beneficial Use: Water from the Ponsford 3 System was put to beneficial use in 1920 for irrigation and domestic use. Beginning in approx. 1959, a portion of the land irrigated by this water was converted to a college campus (formerly Western Bible Institute, now CCU’s Foothills Campus). The water was then used for domestic, irrigation, landscaping and other commercial uses associated with a college campus. Amount Claimed: Ponsford No. 3 Pond: 1.5 AF (absolute); Ponsford No. 3 Spring and Pipeline: 3.0 c.f.s. (0.6 c.f.s absolute; 2.4 c.f.s conditional); Ponsford No. 3 Well and Pipeline: 3.0 c.f.s.. (0.6 c.f.s absolute; 2.4 c.f.s conditional), as an alternate point of diversion for Ponsford No. 3 Spring and Pipeline. Use or Proposed Use: Absolute: Domestic, irrigation, commercial, recreation, stockwatering and fire protection; Conditional: augmentation and exchange (provided that no augmentation use will be made without Water Court approval of a plan for augmentation). Name and address of owners of land on which points of diversion and place of use are located: Red Rocks Country Club (16235 West Belleview Avenue, Morrison, CO 80465) currently owns the land where Ponsford No. 3 Pond, Ponsford No. 3 Spring, and Ponsford No. 3 Well are located. Co-Applicant WSE owns the diversion and storage facilities for the Ponsford 3 System. Applicant CCU has easements for use of the diversion facilities and storage tanks, and owns the place of use for the Ponsford 3 System. Remarks: Due to the proximity of the Ponsford No. 3 Spring and Ponsford No.
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3 Well to the unnamed surface drainage that begins just below the Pond, pumping from either Ponsford No. 3 Spring or Ponsford No. 3 Well causes immediate depletions to the surface stream. 4. Claim for Surface Water Rights - CCU Springs and Pipeline: Legal Description of each point of diversion: CCU Spring No. 1: In the SW1/4 NE1/4 of S13, T5S, R70W 6th P.M., at a point approx. 2620 ft. from E line and 2220 ft. from N line of S13. CCU Spring No. 2: In the SW1/4 NE1/4 of S13, T5S, R70W 6th P.M., at a point approx. 2450 ft. from E line and 2260 ft. from N line of S13. CCU Pipeline No. 1: On an unnamed surface drainage in the SW1/4 NE1/4 S13, T5S, R70W 6th P.M., where a dam embankment intersects the said surface drainage at a point approx. 1,440 ft. from E line and 2,190 ft. from N line of S13, whence water is conveyed to an off-channel pond on the north side of said drainage at a point approx. 820 ft. from E line and 1,800 ft. from N line of S13, whence a buried pipeline approx. 8 inches in diameter conveys the water an additional distance of approx. 750 ft. to CCU Pond No. 1 (as described below). Sources of water: Natural seeps, springs, surface runoff, seepage, and irrigation return flows in and tributary to the unnamed drainage at the head of which the Ponsford 3 System is located, which drainage is tributary to Weaver Gulch, tributary to Bear Creek. Appropriation and Beneficial Use: Date and Method of Initiation of Appropriation: Dec. 31, 1948; water appropriated by application to beneficial use. Application to Beneficial Use: water used for storage, stockwatering, and wildlife beginning in 1948; beginning in about 1962 this water was diverted into CCU Pond No. 1, and stored in CCU Pond No. 1 for beneficial use (as described below). Amount Claimed: CCU Spring No. 1: 2.0 c.f.s. (absolute); CCU Spring No. 2: 0.25 c.f.s (absolute); CCU Pipeline No. 1: 0.65 c.f.s (absolute); Use or Proposed Use: Absolute: irrigation, stockwatering, fish and wildlife; Conditional: commercial, recreation, domestic, fire protection, augmentation and exchange (provided that no augmentation use will be made without Water Court approval of a plan for augmentation). Name and address of owner of land on which points of diversion and place of use are located: Applicant CCU owns the land where CCU Springs No. 1 and No. 2 are located, and where the water is used. Applicant is informed and believes that Rick and Elizabeth Wilson and Miriam Corbett, 23 Foothill Ash, Littleton, Colorado 80127, own land where the diversion point for CCU Pipeline No. 1 is located. Remarks: The CCU Springs Nos. 1 and 2 are used both for direct flow and for storage in the CCU Pond No. 1. 5. Claim For Water Storage Right - CCU Pond No. 1: Description and Legal Description of Water Storage Location: The earthen dam embankment is approx. 9 feet high and 300 ft. long. Active storage capacity is 3.1 AF. Surface area of the pond is approx. 0.47 acres. The pond outlet is approx. 770 ft. from E line and 800 ft. from N line of S13, T5S, R70W 6th P.M. Sources of water: (i) all water flowing in an unnamed drainage tributary to Weaver s the Bergen Ditch to this pond. Ponsford No. 4 Spring and Ditch is owned by Red Rocks Country Club or Co-Applicant WSE. Appropriation: Date and Method of Initiation of Appropriation: August 11, 1962, by construction and application of water to beneficial use. This Pond was constructed prior to August 11, 1962, as indicated by aerial photographs. Application to Beneficial Use: Since 1962, this pond has been used as a source of water for irrigation and stockwatering. The irrigation occurred primarily in the NE1/4 NE1/4 S13, T5S, R70W 6th P.M. Amount Claimed: 3.1 AF (absolute) Use or Proposed Use: (i) Absolute: irrigation, stockwatering, fish and wildlife (ii) Conditional: commercial, recreation, domestic, fire protection, augmentation and exchange (provided
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that no augmentation use will be made without Water Court approval of a plan for augmentation) Name and address of owner of land on which points of diversion and place of uses are located: The Pond and related facilities are on land owned by Applicant CCU. Remarks: The Ponsford 3 System is used both for direct flow and for storage in its respective tanks and ponds. Applicant also seeks the right to store the flow of the Ponsford 3 System and CCU Spring Nos. 1 and 2 in CCU Pond No. 1. (9 pages.)
2001CW293 MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Lakewood, Colorado 80227. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR CHANGE OF WATER RIGHTS AND CONFIRMATION OF YIELD OF PORTFOLIO OF WATER RIGHTS AND STORAGE FACILITIES AND TERMS AND CONDITIONS UNDER WHICH SUCH WATER CAN BE USED FOR AUGMENTATION AND REPLACEMENT PURPOSES. IN JEFFERSON COUNTY. Note: The Mountain Mutual Reservoir Company ("MMRC"), has been a co-applicant in twenty-eight plan for augmentation cases filed with the District Court for Water Division 1 which utilize the water rights described herein as the augmentation and replacement source. Eighteen of the applications have been approved pursuant to decrees entered by the Court, and ten applications remain pending before the Court, including Case No. 94CW290. Although the portfolio of water rights and storage facilities owned and used by MMRC for the benefit of its shareholders has been quantified and approved for augmentation and replacement purposes in prior Decrees, in order to foreclose a potential challenge from others, MMRC seeks a decree confirming changes of its interests in the water rights decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2. MMRC also seeks confirmation of the quantification of historic consumptive use, as well as the firm yield of consumptive use water available for augmentation, replacement and exchange purposes from the portfolio of water rights and storage facilities described herein. MMRC has stipulated in Case No. 94CW290 with a number of other water users regarding the matters which are the subject of this application. The requests being made are consistent with the terms of such Stipulations. 1. Decreed Names of Structures for Which Confirmation of Changes of Water Rights are Sought: Harriman Ditch, Warrior Ditch and Soda Lakes Reservoirs No. 1 and 2. 2. From Previous Decrees: HARRIMAN DITCH: A. Date Entered: February 4, 1884. Case No.: Civil Action No. 6832. Court: District Court City and County of Denver. B. Decreed Point of Diversion: The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. C. Source: Bear Creek and Turkey Creek. D. Appropriation Dates and Amounts: Approp. Priority MMRC Date No. Source Amount Entitlement 4-15-1868 21 Turkey Creek 10.75 cfs 0.2072 cfs 3-16-1869 23 Bear Creek 7.94 cfs 0.1530 cfs 5-1-1871 25 Bear Creek 25.54 cfs 0.4923 cfs 5-1-1882 30 Bear Creek 12.87 cfs 0.2481 cfs
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E. Historic Use: Irrigation, livestock watering, domestic and municipal purposes. Summaries of diversions records for the Harriman Ditch are attached as Exhibit "A." A map depicting the location of the lands historically irrigated with MMRC's interest in this water right is attached as Exhibit "B." WARRIOR DITCH: A. Date Entered: February 4, 1884. Case No.: Civil Action No. 6832. Court: District Court City and County of Denver. B. Decreed Point of Diversion: The headgates of the Warrior Ditch are the same as those of the Harriman Ditch. C. Source: Bear Creek and Turkey Creek. D. Appropriation Dates and Amounts:
Approp. Priority MMRC Date No. Source Amount Entitlement 12-1-1861 4 Bear Creek 12.33 cfs 0.1541 cfs 4-16-1862 8 Turkey Creek 2.86 cfs 0.0338 cfs 10-31-1864 14 Bear Creek 25.47 cfs 0.3184 cfs 4-1-1885 16 Bear Creek 11.49 cfs 0.1436 cfs
E. Historic Use: Irrigation. Summaries of diversions records for the Warrior Ditch are attached as Exhibit "A." A map depicting the location of the lands historically irrigated with MMRC's interest in this water right is attached as Exhibit "B." SODA LAKES RESERVOIR NOS. 1 and 2: A. Date Entered: September 24, 1935. Case No.: Civil Action No. 91471. Court: District Court City and County of Denver. B. Location: The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. C. Source: Bear Creek. D. Appropriation Date, Amounts and Historic Use: The Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. Summaries of diversions records for the Soda Lakes Reservoir Nos. 1 and 2 are attached as Exhibit "A." A map depicting the location of the lands historically irrigated with MMRC's interest in this water right is attached as Exhibit "B." 3. Relief Requested: A. The terms and conditions under which MMRC's Harriman Ditch, Warrior Ditch and Soda Lakes Reservoir Nos. 1 and 2 water are used for augmentation and replacement purposes have previously been decreed in Case Nos. 94CW168, 95CW196, 95CW281, 95CW291, 96CW103, 96CW1046, 97CW091, 97CW280, 97CW281, 97CW282, 97CW336, 97CW337, 97CW338, 97CW372, 98CW240, 98CW241, 98CW310 and 98CW311. MMRC requests that the following terms and conditions be deemed to be res judicata in future proceedings involving the water rights described herein, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997), absent a showing of changed circumstances. (1) MMRC's Harriman Ditch Entitlement (i.e. 7.71 shares): i. Only the historic consumptive use portion of MMRC's Harriman Ditch entitlement shall be utilized by MMRC for replacement, augmentation, exchange and storage purposes. Diversions under the March 16, 1869 and the May 1, 1871 priorities decreed to the Ditch are limited as follows:
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Priority Appropriation Diversion Rates in cfs Number Date Apr. May Jun. Jul. Aug. Sep. 23 3-16-1869 .087 .117 .130 .078 .078 .081 25 5-01-1871 .098 .171 .353 .257 .187 .213
Total Maximum Maximum Monthly Ten Year Ten Year Appropriation Diversions in Acre Feet Diversions Date Apr. May Jun. Jul. Aug. Sep. Acre feet 3-16-1869 16.5 41.8 52.8 20.9 16.5 13.5 162 5-01-1871 13.2 47.3 126.5 110.0 52.8 26.4 330
The water may be stored in the Soda Lakes Reservoirs and Meadowview Reservoir to the extent there is space in MMRC's storage accounts. The water may also be left in the stream system to offset depletions resulting from water use by MMRC shareholders. ii. MMRC's entitlement to the April 15, 1868 priority decreed to the Harriman Ditch (i.e. 0.2072 cfs of Priority No. 21 from Turkey Creek), shall be used only for substitution and exchange purposes involving structures located within the Turkey Creek drainage basin. iii. To provide for the maintenance of historic ditch losses, an amount of water equal to fifteen percent (15%) of MMRC's pro-rata entitlement to the Harriman Ditch direct flow priorities from Bear Creek (i.e. up to a maximum of 0.0230 cfs of the March 16, 1869 priority; up to a maximum of 0.0738 cfs of the May 1, 1871 priority; and up to a maximum of 0.0372 cfs of the March 1, 1882 priority), is available for call by the Harriman Ditch Company for the benefit of the shareholders who continue to use the Harriman Ditch. iv. 0.0655 cfs of MMRC's pro-rata entitlement to the May 1, 1871 priority decreed to the Harriman Ditch and 0.2109 cfs of MMRC's pro-rata entitlement to the March 1, 1882 priority decreed to the Harriman Ditch shall be abandoned to Bear Creek, upon expiration of a retained jurisdiction period. v. Whenever water rights within former Water District No. 9 holding priorities between May 1, 1871 and March 1, 1882 are being curtailed because of a call originating from the South Platte River, the diversion rates for the May 1, 1871 priority decreed to the Harriman Ditch (i.e. Priority No. 25), shall be reduced sixteen percent (16%), in accordance with the following schedule: Priority Appropriation Diversion Rates in cfs Number Date Apr. May Jun. Jul. Aug. Sep. 25 5-01-1871 .082 .144 .297 .216 .157 .179
(2) MMRC's Warrior Ditch Entitlement (i.e. 2.0 shares): i. Only the historic consumptive use portion of MMRC's Warrior Ditch entitlement shall be utilized by MMRC for replacement, augmentation and exchange purposes. Diversions under the December 1, 1861 and the October 31, 1864 priorities decreed to the Ditch are limited as follows:
Appropriation Diversion Rate Time Period of Maximum Yearly Date in cfs Diversion Diversion (AF) 12-01-1861 0.0809 May 1 - October 31 21.7 10-31-1864 0.0892 June 1 - August 31 8.7
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Whenever the above referenced priorities decreed to the Warrior Ditch are available during the period May 1 through October 31 of each year, MMRC may place a call for the water, up to the diversion rates stated, for purposes of offsetting depletions resulting from water use by MMRC shareholders. Alternatively, the water may be diverted to storage in the Soda Lakes Reservoirs and Meadowview Reservoir to the extent there is space in MMRC's storage accounts. ii. MMRC's entitlement to the April 16, 1862 priority decreed to the Warrior Ditch (i.e. 0.0358 cfs of Priority No. 8 from Turkey Creek), shall be used only for substitution and exchange purposes involving structures located within the Turkey Creek drainage basin. iii. To provide for the maintenance of historic ditch losses, an amount of water equal to twenty percent (20%) of MMRC's pro-rata entitlement to the Warrior Ditch direct flow priorities from Bear Creek (i.e. up to a maximum of 0.0308 cfs of the December 1, 1861 priority; up to a maximum of 0.0637 cfs of the October 31, 1864 priority; and up to a maximum of 0.0287 cfs of the April 1, 1865 priority), shall be available for call by the Warrior Ditch Company for the benefit of the shareholders who continue to use the Warrior Ditch. iv. 0.0424 cfs of MMRC's pro-rata entitlement to the December 1, 1861 priority decreed to the Warrior Ditch, 0.1655 cfs of MMRC's pro-rata entitlement to the October 31, 1864 priority decreed to the Warrior Ditch and 0.1149 cfs of MMRC's pro-rata entitlement to the April 1, 1865 priority decreed to the Warrior Ditch shall be abandoned to Bear Creek, upon expiration of a retained jurisdiction period. (3) MMRC's Soda Lakes Reservoir Nos. 1 and 2 Entitlement (i.e. 8.71 shares): i. MMRC's full entitlement to the storage priorities decreed to the Soda Lakes Reservoir Nos. 1 and 2 may be diverted each year to the extent the storage rights are in priority. MMRC's storage account in the Soda Lakes system is limited to 2.18% of the actual storage capacity of the system. ii. All water in MMRC's storage account on November 1 of each year (i.e. the beginning of the storage season), shall be considered available for use as replacement water in plans for augmentation administered by MMRC, with the exception of reserved ground and surface water return flows described herein. iii. The unused storage capacity available to MMRC in the Soda Lakes system at the beginning of each storage season is determined by the pro- rata storage entitlement available to 8.71 shares, less the physical carryover in MMRC's account on the previous October 31. iv. Twenty percent of the water stored under the Soda Lakes Reservoir Nos. 1 and 2 storage priorities for the benefit of MMRC between November 1 and the following May 31 of each water year is reserved for release to Marston Reservoir through the Harriman Ditch. A request for such a release must be made by the Denver Water Department on or before June 30 of the water year in which the water is stored. The twenty percent figure represents historic ground water return flows associated with MMRC's entitlement to the Soda Lakes Reservoir Nos. 1 and 2 storage rights. v. Twenty percent of the water stored under the Soda Lakes Reservoir Nos. 1 and 2 storage priorities for the benefit of MMRC between June 1 and the following October 31 of each water year is reserved for release to Marston Reservoir through the Harriman Ditch. A request for such a release must be made by the Denver Water Department on or before November 30 of the same calendar year when the water is stored. The twenty percent figure represents additional historic delayed ground water return flows associated with MMRC's entitlement to the Soda Lakes Reservoir Nos. 1 and 2 storage rights. vi. If the Denver Water Department fails to make a request for the release of the water described in (iv) and (v), above, by the dates specified, said water automatically becomes the property
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of MMRC and is available for augmentation and replacement purposes. vii. No later than May 31 of each storage season, twenty percent of the water stored under the Soda Lakes Reservoir Nos. 1 and 2 storage priorities for the benefit of MMRC between November 1 and the following May 31 of each water year is released to Turkey Creek in accordance with the direction of the State water administration officials. The twenty percent figure represents historic surface water return flows associated with the subject water rights. viii. No later than November 30 of each water year, twenty percent of the water stored under the Soda Lakes Reservoir Nos. 1 and 2 storage priorities for the benefit of MMRC between June 1 and the following October 31 of each calendar year is released to Turkey Creek in accordance with the direction of the State water administration officials. The twenty percent figure represents historic surface water return flows associated with the subject water rights. ix. MMRC shall be assessed a proportionate amount of the evaporation and seepage losses from the Soda Lakes Reservoir Nos. 1 and 2 in accordance with the operating rules and regulations of the Soda Lakes Reservoir and Mineral Water Company. The same standard for evaporation and seepage losses applies to all water stored in the Soda Lakes system; provided, however, that until an actual record of evaporation and seepage losses is established, three acre feet of the water stored in MMRC's account each year is reserved for such purposes. x. Any release of MMRC's water stored in the Soda Lakes system to Turkey Creek or the Harriman Ditch for augmentation and replacement purposes, or for purposes of filling tank trucks, shall be in accordance with the operating rules and regulations of the Soda Lakes Reservoir and Mineral Water Company. B. MMRC requests confirmation that its interests in the Harriman Ditch, Warrior Ditch and Soda Lakes Reservoir Nos. 1 and 2 water rights, as described above, can be used for the following purposes: augmentation, replacement, exchange, substitution, storage, and the right to use, reuse and make a succession of uses of such water to extinction, either directly or by exchange. Direct use of these rights includes, but is not limited to, leaving the consumptive use water in the stream to augment well depletions or as replacement water for well depletions. Diversion of this water into Meadowview Reservoir may be done by exchange. A 1.0 cubic foot per second exchange, with an appropriation date of December 30, 1994, is before the Court in Case No. 94CW290. A 2.0 cubic feet per second exchange, with an appropriation date of April 28, 2000, is before the Court in Case No. 00CW060. To the extent that an exchange is not decreed in Case No. 94CW290, MMRC requests the adjudication of a 1.0 cubic foot per second exchange in this Case, so that the total rate of exchange will be 3.0 cubic feet per second. C. MMRC requests confirmation that the overall firm yield of the portfolio of water rights and storage facilities is 62.8 acre feet per year, subject to a demonstration that Meadowview Reservoir is constructed with an active capacity of at least 49.3 acre feet. Of this amount, 23.8 acre feet per year is available for delivery to the Turkey Creek side of the Bear Creek drainage basin, primarily via releases from Meadowview Reservoir. The remaining volume of firm yield supply (i.e. 39 acre feet per year), is available for delivery to the Bear Creek side of the Bear Creek drainage basin, primarily via releases from the Soda Lakes Reservoirs and the assignment of Warrior Ditch water for direct replacement. D. The firm yield volumes are based on the best current information available for the physical capacity of the Soda Lakes Reservoir Nos. 1 and 2. MMRC asserts that the most conservative estimate of storage space available to MMRC in the Soda Lakes Reservoirs is 36.58 acre feet. The figure is subject to upward adjustment in the future as more accurate information becomes available, or provisions are made by the
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Soda Lakes Reservoir and Mineral Water Company to allow shareholders to fully utilize water held in the dead storage pool of each Reservoir. MMRC further asserts that the average volume of consumptive use water available to MMRC from the Warrior Ditch and Harriman Ditch direct flow and the Soda Lakes Reservoir Nos. 1 and 2 storage rights described above is 89.7 acre feet per year. The firm yield volumes set forth herein are, therefore, subject to upward adjustment if the volume of storage space in the Soda Lakes Reservoir Nos. 1 and 2 available to MMRC can be documented as being greater than 36.58 acre feet, and/or if MMRC acquires additional water rights or storage in the Bear Creek/Turkey Creek drainage basin. E. The volume of firm yield water committed to all existing decreed and currently pending plans for augmentation which utilize the subject MMRC water are summarized in the attached Exhibit "C." Although the terminology is different, Exhibit "C" does not make any changes in the amount of augmentation or exchange water allocated to cases that have previously been decreed, and MMRC requests judicial confirmation of that fact. 4. Names and addresses of owners of land on which structures are located: Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, CO 80254. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, CO 80254. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. WHEREFORE, Applicant requests the entry of a decree approving the relief requested in this application. (11 pages, 3 exhibits)
2001CW294 MOUNTAIN MUTUAL RESERVOIR COMPANY and MEADOWVIEW MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Lakewood, Colorado 80227. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR WATER STORAGE RIGHT. IN JEFFERSON COUNTY. 1. Name of Reservoir: Meadowview Reservoir. 2. Legal Description: Meadow Reservoir will be located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The inlet to the Reservoir will be located at a point 2,470 feet East and 3,520 feet South of the NW corner of said Section 26. The outlet to the Reservoir will be located at a point 3,000 feet East and 3,800 feet South of the NW corner of said Section 26. The Reservoir will be filled from several locations. Water will be diverted from North Turkey Creek at a point on the North bank of the Creek in the SW 1/4 of the SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, approximately 190 feet from the South line and 2,400 feet from the East line of said Section 26. The rate of fill from North Turkey Creek is proposed to be 3.0 cubic feet per second. Water will be diverted from an unnamed tributary of North Turkey Creek using the Evergreen Memorial Park Ditch which is located in the NE 1/4 of the SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 750 feet from the East line and 1,850 feet from the South line of said Section 26. The capacity of the Memorial Park Ditch is 5.0 cubic feet per second. In addition, water associated with runoff originating from lands above the Reservoir, as well as springs above the Reservoir, will be captured when available and in priority. 3. Source: North Turkey Creek, surface runoff and springs. 4.A. Date of Appropriation: August 27, 2001. 4.B. How Appropriation was Initiated: Field work, engineering design work and the submittal of revised plans and specifications to the Colorado Division of Water December Resume -124-
Resources for approval. 4.C. Date Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 50 acre feet, CONDITIONAL. 6. Uses: Augmentation, replacement, exchange and substitution purposes. 7. Surface Area of High Water Line: 4.9 acres. 7.A. Maximum Height of Dam: 22 feet. 7.B. Length of Dam: 970 feet. 8. Total Capacity of Reservoir: 50 acre feet. 8.A. Active Capacity: 50 acre feet. 8.B. Dead Storage: 0 acre feet. 9. Name and Address of Owner of Land on which Structures for the Water Right are located and Land where Dam is Located and Land within High Water Line: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. 10. Remarks or any other Pertinent Information: An Application is currently pending before the District Court for Water Division 1 in Case No. 94CW290, which seeks the adjudication of a water storage right for the Meadowview Reservoir in the amount of 30 acre feet. In the event that the Application in Case No. 94CW290 is granted prior to final action on this Application, the decreed amount herein shall be reduced to the difference between 50 acre feet and the volume decreed in 94CW290. WHEREFORE, Applicants request the entry of a decree approving a conditional water storage right for Meadowview Reservoir. (4 pages)
2001CW295 CITY OF LAFAYETTE, c/o City Administrator, 1290 South Public Road, Lafayette, Colorado 80026. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR CHANGE OF WATER RIGHT TO ADD A NEW ALTERNATE POINT OF DIVERSION TO OPERATE EXISTING EXCHANGE RIGHTS. IN BOULDER COUNTY. 1. Names of Structures for Which Change is Sought: Coal Creek, Boulder Creek, Dry Creek and South Boulder Creek exchanges decreed in Case No. 79CW387, involving reclaimable return flows from Lafayette's service area as decreed in Case Nos. W-8346-A-76, W-8346-B(1)-76, W-8347- 76, W-8348(1)-76, Consolidated Case Nos. W-8346-B(2)-76 and W-8348(2)-76, 80CW468, 80CW469 and 85CW119; water stored from any source in the Lafayette-Goose Haven Reservoir Complex; water decreed to the Lafayette Ditch No. 4 in Case No. 79CW385; and water decreed to the Lower Boulder Ditch which Applicant owns and is entitled to use pursuant to the transfer Decree issued in Case No. 80CW468. Water is diverted by exchange at the Lafayette Ditch No. 1 and the Lafayette Ditch No. 4 on Coal Creek; the Lower Boulder Ditch, the Lafayette Boulder Creek Pipeline No. 1 and the Anderson Ditch on Boulder Creek; the City of Lafayette Pipeline, the Goodhue Ditch, the South Boulder and Bear Creek Ditch, the point where the New Dry Creek Carrier branches from South Boulder Creek and Gross Reservoir on South Boulder Creek; and the Enterprise Ditch and the Leyner-Cottonwood Ditch on Dry Creek. If not needed for immediate use, the water is stored in reservoirs which fill using the above described diversion facilities. From Previous Decree: 2.A. Date Entered: March 10, 1987. Case No. 79CW387. Court: District Court, Water Division 1. Note: In Case No. 93CW025, dated November 22, 1996, a portion of the exchanges decreed in 79CW387 were made Absolute and the conditional status of the remaining exchanges were continued through November of 2002. 2.B. Location: The reaches of the stream system affected by the exchanges can be described as follows: Coal Creek: The upstream point is approximately 2,500 feet West of the intersection of Coal Creek and State Highway 287, located near the center of Section 10, Township 1 South, Range 69 West, 6th P.M. The downstream point is the confluence of Coal Creek and Boulder Creek located in the SE 1/4 NE 1/4, Section 1, Township 1 North, Range 69 West, 6th P.M. Boulder Creek: The upstream point is the Anderson
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Ditch headgate located in the NE 1/4 NE 1/4, Section 35, Township 1 North, Range 71 West, 6th P.M. The downstream point is the confluence of Boulder Creek and Coal Creek as above described. South Boulder Creek: The upstream point is Gross Reservoir which is an on stream reservoir located in Sections 19, 20, 21, 29 and 30, Township 1 South, Range 71 West, 6th P.M. The downstream point is the confluence of South Boulder Creek and Boulder Creek, located near the SE Corner of the NE 1/4 SW 1/4, Section 22, Township 1 North, Range 70 West, 6th P.M. Dry Creek, a/k/a the Dry Creek Carrier and the New Dry Creek Carrier: The upstream point is the confluence of the New Dry Creek Carrier with South Boulder Creek, located in the SW 1/4 SW 1/4, Section 3, Township 1 South, Range 70 West, 6th P.M. The downstream point is the confluence of Dry Creek with Boulder Creek, located in the NE 1/4 SW 1/4, Section 17, Township 1 North, Range 69 West, 6th P.M. The Decree issued in Case No. 79CW387 approved the diversion of the subject water by exchange at numerous upstream points of diversion on Boulder Creek, South Boulder Creek and Dry Creek, as more particularly described in Paragraph No. 1, above. Reference is made to the Decrees in Case Nos. 79CW387 and 93CW025 for the specific legal descriptions of the existing decreed points of diversion. 2.C. Source: See Paragraph No. , above. 2.D. Appropriation Dates: December 31, 1979, December 31, 1980 and January 31, 1985. 2.E. Amounts: (i) All Coal Creek exchanges - 8.0 cubic feet per second. (ii) Boulder Creek, Dry Creek and South Boulder Creek exchanges utilizing reclaimable return flows - 8.0 cubic feet per second. (iii) The exchange of water decreed to the Lafayette Ditch No. 4, to the Lower Boulder Ditch, the Lafayette Boulder Creek Pipeline No. 1, the Goodhue Ditch, the South Boulder and Bear Creek Ditch, the Enterprise Ditch or the Leyner-Cottonwood Ditch - 25.0 cubic feet per second. (iv) The exchange of water decreed to the Lafayette Ditch No. 4, or water stored in the Lafayette-Goose Haven Reservoir Complex, to the Anderson Ditch - 15.0 cubic feet per second. (v) The exchange of water stored in the Lafayette-Goose Haven Reservoir Complex to the Goodhue Ditch, the South Boulder and Bear Creek Ditch, the Enterprise Ditch, the Leyner-Cottonwood Ditch or Gross Reservoir - 25.0 cubic feet per second. (vi) The exchange of water decreed to the Lower Boulder Ditch which Applicant owns and is entitled to use pursuant to the transfer decree issued in Case No. 80CW468, to the Goodhue Ditch, the South Boulder and Bear Creek Ditch, the Enterprise Ditch, the Leyner-Cottonwood Ditch or Gross Reservoir - 12.5 cubic feet per second. 2.F. Uses: The water is used for municipal, domestic, irrigation, commercial, industrial, replacement, exchange, augmentation, recreational, piscatorial and wildlife propagation purposes. The water is treated for distribution to customers of the municipal utility system, or the water is used without treatment for the irrigation of City owned land and other greenbelt within the municipal service area. The water is also stored for use at later times. 3. Proposed Change: Applicant seeks to add a new alternate point of diversion for the exchanges referenced in Paragraph Nos. 2.E.(ii) through 2.E.(vi), to include a point on the South Bank of Boulder Creek in the SW 1/4 NE 1/4, Section 13, Township 1 North, Range 70 West, 6th P.M., Boulder County, Colorado, located approximately 2,476 feet South of the North section line and 2,500 feet West of the East section line of said Section 13. Applicant also seeks approval to have the point of diversion be located up to 50 feet upstream and 60 feet downstream of the above described point of diversion in the event that construction difficulties are encountered at the specific location stated herein. The alternate point of diversion to be added is within the existing exchange reaches described above, and is located on the East side of 75th Street in
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unincorporated Boulder County. Notwithstanding the addition of this new alternate point of diversion, all terms and conditions of the Decrees entered in Case Nos. 79CW387 and 93CW025 shall remain unaffected by this change of water right request. 4. Names and addresses of owners of land on which the above described new alternate point of diversion is located: Boulder County, P. O. Box 471, Boulder, Colorado 80306-0471. City of Boulder, P. O. Box 871, Boulder, CO 80306-0871. WHEREFORE, Applicant requests the entry of a decree approving the change of water right to include the above described new alternate point of diversion on Boulder Creek for the exchanges previously decreed in Case Nos. 79CW387 and 93CW025. (5 pages)
2001CW296 THE SALVATION ARMY, P. O. Box 2369, Denver, Colorado 80201. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR WATER STORAGE RIGHT. IN LARIMER COUNTY. 1. Name of Structure: Swiss Village Reservoir No. 7, First Enlargement. 2. Legal Description: The Swiss Village Reservoir No. 7 is located in the NE 1/4 NE 1/4 of Section 27, Township 4 North, Range 73 West, 6th P.M., Larimer County, Colorado. The outlet of the Reservoir is located at a point whence the Southeast corner of Section 27 bears South 10° East a distance of 4,541 feet, more or less. This is an on stream structure. 3. Source: Water tributary to Tahosa Creek, St. Vrain drainage. 4.A. Date of Appropriation: January 31, 1986. 4.B. How Appropriation was Initiated: Construction of the Reservoir. 4.C. Date Water Applied to Beneficial Use: May 30, 1986. 5. Amount Claimed: 8.6 acre feet. 6. Uses: Recreation, piscatorial, stock watering, augmentation, replacement, exchange and irrigation of 2 acres of pasture grass in the E 1/2 NE 1/4 of Section 27, Township 4 North, Range 73 West, of the 6th P.M. 7. Surface Area of High Water Line: 3.0 acres. 7.A. Maximum Height of Dam: 9.9 feet. 7.B. Length of Dam: 300 feet. 8. Total Capacity of Reservoir: 11.2 acre feet. 8.A. Active Capacity: 11.2 acre feet. 8.B. Dead Storage: 0 acre feet. 9. Name and Address of Owner of Land on which Structures for the Water Right are located and Land where Dam is Located and Land within High Water Line: The Salvation Army as described above. 10. Remarks or any other Pertinent Information: The Swiss Village Reservoir No. 7 was decreed for 2.6 acre feet in Case No. 86CW220 (W- 7188-72). At the time of construction in 1986, the Reservoir was built to a larger capacity then originally envisioned in 1972. This Application seeks adjudication of the volume of water represented by the difference between the actual capacity of the Reservoir (i.e. 11.2 acre feet) and the volume of water previously decreed. WHEREFORE, Applicant requests the entry of a decree approving a water storage right for the Swiss Village Reservoir No. 7, First Enlargement. (3 pages)
2001CW297 CITY OF AURORA an application for Determination of Underground Water Rights from Nontributary and Not Nontributary Sources in Arapahoe County. John M. Dingess, #12239,Lynn Obernyer, #6809,Stephanie J. Neitzel, #24868, T. Daniel Platt, #31885,7800 East Union Avenue, Suite 550,Denver, Colorado 80237, Telephone: 303.779.0200
Name Address, and Telephone Number of Applicant:
City of Aurora, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030 December Resume -127-
2. Introduction:
Through this Application and others filed contemporaneously herewith, Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicant that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
3. Names and Legal Descriptions of Wells:
A. Existing Wells Excluded:
The Applicant seeks herein determination of its right to perfect its ownership, appropriate and withdraw all heretofore unappropriated nontributary and not nontributary ground water which is legally available from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe, and Laramie- Fox Hills Aquifers underlying that portion of the City of Aurora described in Paragraphs 3.C. and 8 herein. Therefore, any and all existing wells owned and/or operated by the Applicant that withdraw nontributary or not nontributary groundwater from said aquifers, whether or not permitted or decreed, are specifically excluded from determination under this Application.
B. Permits for Future Wells:
None of the wells that are the subject of this Application currently exist, and the Applicant has not applied for permits to drill any of the wells. Consequently, none of the wells have well permits, registrations, or denial numbers. Prior to constructing any well described herein, Applicant will apply to the Division of Water Resources (the “State Engineer”) for a permit to construct such well. The Applicant requests that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicant requests a determination that a failure to construct any of its wells within the period of time specified in the well permit not be deemed to extinguish the underlying water rights. The Applicant also requests a determination that at such time as it is prepared to drill its wells, the State Engineer shall issue new well permits to replace any well permits that have expired and that said well permits be issued in accordance with the terms of the decree herein.
C. Location of Future Wells:
Applicant seeks the right to locate the future wells at any suitable location within those parts of Arapahoe County annexed to the City of Aurora after January 1, 1985 located North of Quincy Avenue (the “Subject Portion of the City of Aurora”) as more fully described in Exhibit A, attached hereto and incorporated herein by this reference, so long as the wells are at least 600 feet away from any other existing well in the same aquifer owned by another person or entity; however, the future wells may be located closer than 600 feet from any other existing wells in the same aquifer owned by another person or entity if, pursuant to C.R.S. § 37-90-137(2)(b)(I), the State Engineer, after hearing, finds circumstances warrant issuance of a permit and issues a permit for the wells. Applicant waives the 600-foot spacing requirement of C.R.S. § 37-90-137(2) within the Subject Portion of the City of Aurora. The Subject Portion of the City of Aurora consists of approximately 13,675.89 acres located in all or portions of Section 1, T5S, R66W, 6th P.M., Section 3, T5S, R67W, 6th P.M., Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 19, 20, 21, 22, 28, 29 and 30, T4S, R65W, 6th P.M., and Sections 1, 11, 12, 24, 25, 26, 35 and 36, T4S, R66W, 6th P.M. in Arapahoe County, Colorado. A map showing the current corporate limits of the City of Aurora and highlighting those parts of Arapahoe County annexed to the City of Aurora after January 1, 1985 located North of Quincy Avenue is attached hereto as Exhibit B.
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4. Source of Water Rights and Estimated Aquifer Depths:
A. Source:
1. Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available nontributary ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 13,675.89 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, (2) underlying 13,675.89 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, and (3) underlying 13,675.89 acres within the Subject Portion of the City of Aurora contained in the Laramie-Fox Hills Aquifer, as illustrated in Exhibit C, attached hereto, and that such water is “nontributary ground water” as defined in C. R. S. § 37-90-103(10.5).
2. Not Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available not nontributary ground water in the Lower Dawson and Denver Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the water: (1) underlying 1,352.24 acres within the Subject Portion of the City of Aurora contained in the Lower Dawson Aquifer, and (2) underlying 13,676.03 acres within the City of Aurora contained in the Denver Aquifer, as illustrated in Exhibit C, and that such water is “not nontributary ground water” as defined in C. R. S. § 37- 90-103(10.7). Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others.
B. Estimated Maximum Depth:
Lower Dawson 181.19 feet
Denver Aquifer: 1,125.33 feet
Upper Arapahoe Aquifer: 1,350.57 feet
Lower Arapahoe Aquifer: 1,700.98 feet
Laramie-Fox Hills Aquifer: 2,360.67 feet.
The above estimated maximum depths are approximate and may vary according to the actual aquifer picks, topographical locations of wells, and saturated thickness of the aquifer. These parameters, as well as specific yield, will be determined in accordance with site-specific geophysical evidence.
5. Average Annual Amount Claimed from the Aquifers:
A. The Applicant claims herein the right to perfect its ownership, appropriate and withdraw all of the nontributary and not nontributary ground water which is legally available from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora over the 100-year life of the aquifers as set forth in C.R.S. § 37-90- 137(4) and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. For purposes of the decree herein, Applicant will utilize a nominal production rate of 500 gallons per minute per well. Applicant requests the right to pump its wells at rates in excess of the nominal production rate to the extent necessary to withdraw the maximum number of acre feet which Applicant is entitled to withdraw from the aquifers each year. December Resume -129-
B. To estimate the amount of ground water available for withdrawal from these aquifers, Applicant has utilized its own hydrologic data as well as hydrologic data available from the State Engineer, including the Denver Basin Rules, 2 CCR 402-6. By use of this data, Applicant estimates that it can economically recover and is entitled to withdraw the following quantities from each aquifer on an annual basis:
Aquifer Specific Nontributary Not Not Total Nontributary Nontributary Yield /1 (acre feet) (acre feet) /2 (acre feet) /3
Lower Dawson /4 20.0% 6.38 6.38
Denver 17.0% 2,306.48 2,745.48 5,051.96
Upper Arapahoe 17.0% 5,189.49 5,189.49
Lower Arapahoe 17.0% 2,336.64 2,336.64
Laramie-Fox Hills 15.0% 3,191.85 3,191.85
Total 10,717.98 2,312.86 2,745.48 15,776.32
1. Specific yield values derived from the Denver Basin Rules, 2 CCR 402-6, Rule 6.
2. More than one mile from any point of contact with any natural stream including its alluvium.
3. One mile or less from any point of contact with any natural stream including its alluvium.
4. Shall require replacement of actual stream depletion to the extent necessary to prevent any injurious effect, based upon actual aquifer conditions in existence at the time of a decree approving a plan for augmentation.
6. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use:
Applicant contends that the prior-appropriation doctrine does not apply to ground water rights to be determined herein. Applicant requests the Court to determine that to the extent that the ground water involved herein has not been diverted and applied to beneficial use, that Applicant’s rights thereto are vested property rights and not conditional water rights subject to the requirements of findings of reasonable diligence. If it is determined that some or all of the ground water subject hereto is subject to the appropriation doctrine and/or must be decreed as conditional water rights, for the ground water underlying the Subject Portion of the City of Aurora, Applicant claims an appropriation date of December 17, 2001, the date the City Council of the City of Aurora, inter alia, formed intent, by Resolution R 2001-83, approving and authorizing the filing of this Application.
7. Proposed Use of Water:
Applicant intends to use all ground water withdrawn from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers that is the subject of this Application in a unified water supply system to be used, reused, successively used, and after use leased, sold or otherwise
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disposed of to extinction for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves and any other beneficial purpose either inside or outside the current or future corporate limits of the City of Aurora. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including, without limitation, taking credit for return flows resulting from the use of said water as a source of augmentation water.
8. Description of Overlying Lands:
See Paragraph 3.C., herein, and Exhibit A, attached hereto. The owners of lands within the Subject Portion of the City of Aurora specifically consented to withdrawal of ground water underlying their land by the Applicant pursuant to various Annexation Agreements with the Applicant adopted by Ordinances of the City Council of the City of Aurora. All Annexation Agreements and Ordinances adopting said Annexation Agreements are available for inspection by appointment at the following locations:
Duncan, Ostrander & Dingess, P.C. John M. Dingess, Special Counsel for the City of Aurora 7800 East Union Avenue, Suite 550 Denver, Colorado 80237 Telephone: 303.779.0200
City of Aurora Municipal Records Lisa Horton, Clerk 1450 South Havana Street Aurora, Colorado 80012 Telephone: 303.739.7074
The Annexation Agreements are also available for public inspection at:
Arapahoe County Clerk and Recorder 5334 South Prince Street Littleton, Colorado 80166
9. Remarks:
A. Prior to entry of the decree herein, Applicant will supplement this Application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this Application, a determination as to the facts of this Application.
B. The annual withdrawal of the amount of ground water applied for herein, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right.
C. The wells completed into nontributary portions of the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers will not, within 100 years, deplete the flow of a natural stream, including a natural stream as defined in C.R.S. § 37-82-101(2) and 37-92-101(2), at an annual rate greater than one- tenth of one percent of the annual rate of withdrawal
D. Applicant shall relinquish the right to consume up to two percent of all nontributary ground water withdrawn from any future wells adjudicated under this Application, as required by C.R.S. § 37-90-137(9)(b) and the Denver Basin Rules, 2 CCR 402-6, Rule 8. Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require December Resume -131-
such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others. For not nontributary ground water withdrawn from the Denver Aquifer more than one mile from any point of contact with any natural stream, including its alluvium, as shown on the table in Paragraph 5.B., above, said plan for augmentation shall require replacement of ground water equal to four percent (4%) of the amount of water withdrawn on an annual basis.
E. Each of the future nontributary wells is sought as a point of diversion for all of the nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer. Each of the future not nontributary wells is sought as a point of diversion for all of the not nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer.
F. Applicant may need to construct additional wells, including supplemental, replacement or alternate point of diversion wells, to recover the maximum amount of water available to it from each aquifer. Applicant requests the right to construct such additional wells as necessary in order to maintain production of the amounts of water to which it is entitled.
G. Applicant requests that all of the wells constructed in one aquifer, plus any additional wells constructed in that same aquifer, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14. The pumping rates for each well shall be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the maximum acre-foot entitlement from each aquifer.
H. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of ground water in excess of the amount decreed for average annual withdrawal from that aquifer, so long as the sum of the total volume of water withdrawn from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of a decree herein, whichever occurs first, times the average annual amount of withdrawal which Applicant is entitled to withdraw from that aquifer.
I. Applicant requests this Court to order that the standards of C.R.S. § 37-90-137(4) be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the standards of C.R.S. § 37-90-137(10).
J. Applicant requests this Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefore not be deemed to extinguish the underlying right to ground water. Applicant further requests the Court to order that, at such times as Applicant is prepared to drill its wells, the State Engineer shall issue permits for the wells in accordance with the terms of the decree herein and to issue new well permits for any wells which have expired.
K. Applicant requests that the Court retain jurisdiction only for adjustment of the amounts of ground water which are available for withdrawal by Applicant from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora based on actual local aquifer characteristics, and to authorize Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, without the necessity of amending this Application or republishing the same. WHEREFORE, Applicant, City of Aurora, acting by and through its Utility Enterprise, prays that this Court enter a decree:
1. Granting the Application herein and awarding the water rights claimed herein as final, absolute and perfected water rights, except as to those issues for which jurisdiction of the Court has been specifically retained.
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2. Specifically determining:
A. That this Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
B. That Applicant has complied with C.R.S. § 37-90-137(4) and the water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified in Paragraph 5 herein to provide for adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled within the Subject Portion of the City of Aurora, pursuant to C.R.S. § 37-92- 305(11).
C. That the sources of supply for the water rights claimed herein are the ground waters in the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers.
D. That vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein.
3. Retaining jurisdiction only for the purpose of finally determining the quantity of ground water to which the Applicant is legally entitled from each aquifer and providing that Applicant may at any time invoke the Court’s retained jurisdiction to obtain a final determination of the water rights granted by a factual showing of the quantity of the entitlement.
4. Finding that:
A. The nature and extent of the water rights applied for herein are governed by C.R.S. §§ 37-90-137(4) and (9)(c), and that the decreed withdrawals are based on an aquifer life of 100 years and based upon the quantity of water, exclusive of artificial recharge, underlying the Subject Portion of the City of Aurora.
B. Applicant may construct additional wells as required to recover the entire allowed annual appropriation under the provisions of C.R.S. § 37-90-137(10).
C. Any wells constructed into the same aquifer, along with any additional wells into such aquifer within the Subject Portion of the City of Aurora as described in Paragraphs 3.C and 8, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14, and as such, Applicant may withdraw the maximum annual amount of water decreed and confirmed under this Application through any one or any combination of wells in the same aquifer, and that the pumping rate for each well constructed in the same aquifer may exceed its nominal pumping rate in order to allow the withdrawal of the full cumulative amount from each aquifer.
D. For each aquifer, Applicant may withdraw water through wells in the same aquifer plus any additional wells in the same aquifer, an amount of ground water in excess of the total allowed average annual amount of withdrawal as long as the total volume of water withdrawn through the wells in each aquifer does not exceed the product of the number of years since the date of issuance of the well permit or permits or entry of a decree herein, whichever occurs first, times the total allowed average annual amount of withdrawal for each aquifer.
E. Declaring that, in accordance with C.R. S. § 37-90-137(9)(c), no findings of reasonable diligence are required to maintain the quantification of water applied for herein and that Applicant may proceed to develop and use the quantification of water applied for herein at such times as the Applicant deems appropriate for the nontributary ground waters, and at such time as the Applicant obtains a court approved plan for augmentation for the not nontributary ground waters.
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Exhibit A Those Parts of Arapahoe County, Colorado Annexed to the City of Aurora After January 1, 1985 Located North of Quincy Avenue
TN5S, R66W
W ½, sec. 1
TN5S, R67W
E ½, NW ¼, sec. 3
TN4S, R65W
Portion of E ½, sec. 3 that lies S of Int. Hwy 70
SW ¼, sec. 4 S ½, NW ¼, sec. 4
Sec. 5
NW ¼, sec. 6 SW ¼, sec. 6 SE ¼, sec. 6 E ½, SE ¼, NE ¼, sec. 6 E ½, W ½, SE ¼, NE ¼, sec. 6 E ½, NE ¼, NE ¼, sec. 6 E ½, W ½, NE ¼, NE ¼, sec. 6
NE ¼, sec. 7 W ½, NW ¼, NE ¼, sec. 7 W ½, E ½, NW ¼, NE ¼, sec. 7 W ½, SW ¼, NE ¼, sec. 7 W ½, E ½, SW ¼, NE ¼, sec. 7
Sec. 8 Sec. 9
SW ¼, sec. 10
Sec. 15 Sec. 16 Sec. 17 Sec. 20
All of sec. 19 with exclusion of S ½, SW ¼, SW ¼, SW ¼ All of sec. 21 with the exclusion of the NW ¼, NW ¼, SW ¼
Sec. 22
All of sec. 30, excluding S ½, S ½, S ½, S ½ E ½, E ½, E ½, E ½
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NW ¼, NE ¼, NE ¼
SE ¼, sec. 29 E ½, NE ¼, SW ¼, sec. 29 E ½, W ½, NE ¼, SW ¼, sec. 29 E ½, W ½, SE ¼, SW ¼, sec. 29 NE ¼, NE ¼, sec. 29 SE ¼, NE ¼, sec. 29 SW ¼, NE ¼, sec. 29 E ½, NW ¼, NE ¼, sec. 29 S ½, SW ¼, NW ¼, NE ¼, sec. 29
E ½, W ½, SE ¼, NW ¼, sec. 29 E ½, W ½, NE ¼, NW ¼, sec. 29 E ½, SW ¼, NW ¼, sec. 29 E ½, NE ¼, NW ¼, sec. 29 E ½, SE ¼, SW ¼, sec. 29
W ½, sec. 28 NE ¼, NE ¼, sec. 28 SE ¼, NE ¼, sec. 28 SW ¼, NE ¼, sec. 28 S ½, NW ¼, NE ¼, sec. 28 S ½, NW ¼, NW ¼, NE ¼, sec. 28 S ½, NE ¼, NW ¼, NE ¼, sec. 28 NW ¼, NE ¼, NW ¼, NE ¼, sec. 28
W ½, SE ¼, sec. 28 Portion of E ½, SE ¼, sec. 28 that lies south of Yale Ave.
TN4S, R66W
All of section 1, excluding NE ¼, NE ¼, NE ¼
NE ¼, SE ¼, sec. 12 W ½, NW ¼, SE ¼, sec. 12 E ½, W ½ SW ¼, SE ¼, sec. 12 SW ¼, SW ¼, sec. 12 NW ¼, SW ¼, sec. 12 S ½, NE ¼, NE ¼, sec. 12 SW ¼, NE ¼, sec. 12 NW ¼, NE ¼, sec. 12 SE ¼, NE ¼, sec. 12 NE ¼, NW ¼, sec. 12 SE ¼ NW ¼, sec. 12 NW ¼, NW ¼, sec. 12
S ½, NW ¼, NE ¼, sec. 11 W ½, NE ¼, NE ¼, sec. 11 N ½, NE ¼, SE ¼, sec. 11 Portion of NW ¼, NW ¼, SE ¼, sec. 11 that lies NE of route 30
NE ¼, sec. 24 SE ¼, sec. 24
December Resume -135-
SW ¼, sec. 24
Sec. 25
All of section 26 excluding NE ¼, NW ¼, NE ¼, and NW ¼, NE ¼, NE ¼
Sec. 35
W ½, sec. 36
2001CW298 CITY OF AURORA – An application for Determination of Underground Water Rights from Nontributary and Not-Nontributary Sources in Arapahoe County.(John Dingess, 7800 E. Union Avenue, Denver, CO 80237, (303) 779-0200.
Name, Address, and Telephone Number of Applicant:
City of Aurora, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030 2. Introduction:
Through this Application and others filed contemporaneously herewith, Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicant that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
3. Names and Legal Descriptions of Wells:
C. Existing Wells Excluded:
The Applicant seeks herein determination of its right to perfect its ownership, appropriate and withdraw all heretofore unappropriated nontributary and not nontributary ground water which is legally available from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe, and Laramie- Fox Hills Aquifers underlying that portion of the City of Aurora described in Paragraphs 3.C. and 8 herein. Therefore, any and all existing wells owned and/or operated by the Applicant that withdraw nontributary or not nontributary groundwater from said aquifers, whether or not permitted or decreed, are specifically excluded from determination under this Application.
D. Permits for Future Wells:
None of the wells that are the subject of this Application currently exist, and the Applicant has not applied for permits to drill any of the wells. Consequently, none of the wells have well permits, registrations, or denial numbers. Prior to constructing any well described herein, Applicant will apply to the Division of Water Resources (the “State Engineer”) for a permit to construct such well. The Applicant requests that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicant requests a determination that a failure to construct any of its wells within the period of time specified in the well permit not be deemed to extinguish the underlying water rights. The Applicant also requests a determination that at such time as it is prepared to drill its wells, the State Engineer shall issue new well permits to replace any well permits that have expired and that said well permits be issued in accordance with the terms of the decree herein.
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C. Location of Future Wells:
Applicant seeks the right to locate the future wells at any suitable location within the January 1, 1985 corporate limits of the City of Aurora in Arapahoe County (the “Subject Portion of the City of Aurora”) as more fully described in Exhibit A, attached hereto and incorporated herein by this reference, so long as the wells are at least 600 feet away from any other existing well in the same aquifer owned by another person or entity; however, the future wells may be located closer than 600 feet from any other existing wells in the same aquifer owned by another person or entity if, pursuant to C.R.S. § 37-90-137(2)(b)(I), the State Engineer, after hearing, finds circumstances warrant issuance of a permit and issues a permit for the wells. Applicant waives the 600-foot spacing requirement of C.R.S. § 37-90-137(2) within the Subject Portion of the City of Aurora. The Subject Portion of the City of Aurora consists of approximately 30,720.03 acres located in all or portions of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33 and 34, T4S, R66W, 6th P.M., Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 35 and 36, T4S, R67W, 6th P.M., and Sections 3, 4, 5, 6, 7, 8, 9, and 10, T5S, R66W, 6th P.M. in Arapahoe County, Colorado. A map showing the current corporate limits of the City of Aurora and highlighting the January 1, 1985 corporate limits of the City of Aurora in Arapahoe County is attached hereto as Exhibit B.
4. Source of Water Rights and Estimated Aquifer Depths:
A. Source:
1. Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available nontributary ground water in the Upper Arapahoe, Lower Arapahoe and Laramie- Fox Hills Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 24,875.57 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, (2) underlying 26,782.14 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, and (3) underlying 27,477.27 acres within the Subject Portion of the City of Aurora contained in the Laramie-Fox Hills Aquifer, as illustrated in Exhibit C, attached hereto, and that such water is “nontributary ground water” as defined in C. R. S. § 37- 90-103(10.5).
2. Not Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available not nontributary ground water in the Lower Dawson and Denver Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the water: (1) underlying 8,414.39 acres within the Subject Portion of the City of Aurora contained in the Lower Dawson Aquifer, and (2) underlying 29,919.07 acres within the Subject Portion of the City of Aurora contained in the Denver Aquifer, as illustrated in Exhibit C, and that such water is “not nontributary ground water” as defined in C. R. S. § 37-90-103(10.7). Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others.
B. Estimated Maximum Depth:
Lower Dawson Aquifer 218.60 feet
Denver Aquifer: 1,163.65 feet
Upper Arapahoe Aquifer: 1,363.65 feet
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Lower Arapahoe Aquifer: 1,664.41 feet
Laramie-Fox Hills Aquifer: 2,354.01 feet.
The above estimated maximum depths are approximate and may vary according to the actual aquifer picks, topographical locations of wells, and saturated thickness of the aquifer. These parameters, as well as specific yield, will be determined in accordance with site-specific geophysical evidence.
5. Average Annual Amount Claimed from the Aquifers:
A. The Applicant claims herein the right to perfect its ownership, appropriate and withdraw all of the nontributary and not nontributary ground water which is legally available from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora over the 100-year life of the aquifers as set forth in C.R.S. § 37-90- 137(4) and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. For purposes of the decree herein, Applicant will utilize a nominal production rate of 500 gallons per minute per well. Applicant requests the right to pump its wells at rates in excess of the nominal production rate to the extent necessary to withdraw the maximum number of acre-feet which Applicant is entitled to withdraw from the aquifers each year.
B. To estimate the amount of ground water available for withdrawal from these aquifers, Applicant has utilized its own hydrologic data as well as hydrologic data available from the State Engineer, including the Denver Basin Rules, 2 CCR 402-6. By use of this data, Applicant estimates that it can economically recover and is entitled to withdraw the following quantities from each aquifer on an annual basis:
Not Not Aquifer Specific Nontributary Nontributary Nontributary Total
Yield /1 (acre feet) (acre feet) /2 (acre feet) /3
Lower Dawson /4 20.0% /5
Denver 17.0% 5,350.56 3,143.44 8,494.00
Upper Arapahoe 17.0% 8,086.34 8,086.34
Lower Arapahoe 17.0% 4,243.74 4,243.74
Laramie-Fox Hills 15.0% 6,689.81 6,689.81
Total 19,019.89 5,350.56 3,143.44 27,513.89
5. Specific yield values derived from the Denver Basin Rules, 2 CCR 402-6, Rule 6.
6. More than one mile from any point of contact with any natural stream including its alluvium.
7. One mile or less from any point of contact with any natural stream including its alluvium.
8. Shall require replacement of actual stream depletion to the extent necessary to prevent any injurious effect, based upon actual aquifer conditions in existence at the time of a decree approving a plan for augmentation.
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9. Applicant has determined that the volume of ground water underlying the Subject Portion of the City of Aurora contained in the Lower Dawson Aquifer is not sufficient to claim an Annual Average Amount in this Application. Applicant reserves the right under this Court’s retained jurisdiction to claim any Average Annual Amount that may be determined to be available to Applicant based on hydrologic data derived from future wells or test holes or other means, including findings and determinations of fact of the State Engineer.
6. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use:
Applicant contends that the prior-appropriation doctrine does not apply to ground water rights to be determined herein. Applicant requests the Court to determine that to the extent that the ground water involved herein has not been diverted and applied to beneficial use, that Applicant’s rights thereto are vested property rights and not conditional water rights subject to the requirements of findings of reasonable diligence. If it is determined that some or all of the ground water subject hereto is subject to the appropriation doctrine and/or must be decreed as conditional water rights, for the ground water underlying the Subject Portion of the City of Aurora, Applicant claims an appropriation date of December 17, 2001, the date the City Council of the City of Aurora, inter alia, formed intent, by Resolution R 2001-83, approving and authorizing the filing of this Application.
7. Proposed Use of Water:
Applicant intends to use all ground water withdrawn from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers that is the subject of this Application in a unified water supply system to be used, reused, successively used, and after use leased, sold or otherwise disposed of to extinction for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves and any other beneficial purpose either inside or outside the current or future corporate limits of the City of Aurora. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including, without limitation, taking credit for return flows resulting from the use of said water as a source of augmentation water.
8. Description of Overlying Lands:
See Paragraph 3.C., herein, and Exhibit A, attached hereto. The owners of lands within the Subject Portion of the City of Aurora are deemed to have consented to withdrawal of ground water underlying their land by the Applicant pursuant to Resolution 85-86, attached hereto as Exhibit D, which was adopted in accordance with the provisions of C.R.S. § 37-90-137(8).
9. Remarks:
A. Prior to entry of the decree herein, Applicant will supplement this Application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this Application, a determination as to the facts of this Application.
B. The annual withdrawal of the amount of ground water applied for herein, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right.
C. The wells completed into nontributary portions of the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers will not, within 100 years, deplete the flow of a natural stream, including a
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natural stream as defined in C.R.S. § 37-82-101(2) and 37-92-101(2), at an annual rate greater than one- tenth of one percent of the annual rate of withdrawal
D. Applicant shall relinquish the right to consume up to two percent of all nontributary ground water withdrawn from any future wells adjudicated under this Application, as required by C.R.S. § 37-90-137(9)(b) and the Denver Basin Rules, 2 CCR 402-6, Rule 8. Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others. For not nontributary ground water withdrawn from the Denver Aquifer more than one mile from any point of contact with any natural stream, including its alluvium, as shown on the table in Paragraph 5.B., above, said plan for augmentation shall require replacement of ground water equal to four percent (4%) of the amount of water withdrawn on an annual basis.
E. Each of the future nontributary wells is sought as a point of diversion for all of the nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer. Each of the future not nontributary wells is sought as a point of diversion for all of the not nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer.
F. Applicant may need to construct additional wells, including supplemental, replacement or alternate point of diversion wells to recover the maximum amount of water available to it from each aquifer. Applicant requests the right to construct such additional wells as necessary in order to maintain production of the amounts of water to which it is entitled.
G. Applicant requests that all of the wells constructed in one aquifer, plus any additional wells constructed in that same aquifer, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14. The pumping rates for each well shall be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the maximum acre-foot entitlement from each aquifer.
H. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of ground water in excess of the amount decreed for average annual withdrawal from that aquifer, so long as the sum of the total volume of water withdrawn from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of a decree herein, whichever occurs first, times the average annual amount of withdrawal which Applicant is entitled to withdraw from that aquifer.
I. Applicant requests this Court to order that the standards of C.R.S. § 37-90-137(4) be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the standards of C.R.S. § 37-90-137(10).
J. Applicant requests this Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefore not be deemed to extinguish the underlying right to ground water. Applicant further requests the Court to order that, at such times as Applicant is prepared to drill its wells, the State Engineer shall issue permits for the wells in accordance with the terms of the decree herein and to issue new well permits for any wells which have expired.
K. Applicant requests that the Court retain jurisdiction only for adjustment of the amounts of ground water which are available for withdrawal by Applicant from the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora based on actual local aquifer characteristics, and to authorize Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, without the necessity of amending this Application or republishing the same. December Resume -140-
WHEREFORE, Applicant, City of Aurora, acting by and through its Utility Enterprise, prays that this Court enter a decree:
1. Granting the Application herein and awarding the water rights claimed herein as final, absolute and perfected water rights, except as to those issues for which jurisdiction of the Court has been specifically retained.
2. Specifically determining:
A. That this Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
B. That Applicant has complied with C.R.S. § 37-90-137(4) and the water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified in Paragraph 5 herein to provide for adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled within the Subject Portion of the City of Aurora, pursuant to C.R.S. § 37-92- 305(11).
C. That the sources of supply for the water rights claimed herein are the ground waters in the Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers.
D. That vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein.
3. Retaining jurisdiction only for the purpose of finally determining the quantity of ground water to which the Applicant is legally entitled from each aquifer and providing that Applicant may at any time invoke the Court’s retained jurisdiction to obtain a final determination of the water rights granted by a factual showing of the quantity of the entitlement.
4. Finding that:
A. The nature and extent of the water rights applied for herein are governed by C.R.S. §§ 37-90-137(4) and (9)(c), and that the decreed withdrawals are based on an aquifer life of 100 years and based upon the quantity of water, exclusive of artificial recharge, underlying the Subject Portion of the City of Aurora.
B. Applicant may construct additional wells as required to recover the entire allowed annual appropriation under the provisions of C.R.S. § 37-90-137(10).
C. Any wells constructed into the same aquifer, along with any additional wells into such aquifer within Subject Portion of the City of Aurora as described in Paragraphs 3.C and 8, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14, and as such, Applicant may withdraw the maximum annual amount of water decreed and confirmed under this Application through any one or any combination of wells in the same aquifer, and that the pumping rate for each well constructed in the same aquifer may exceed its nominal pumping rate in order to allow the withdrawal of the full cumulative amount from each aquifer.
D. For each aquifer, Applicant may withdraw water through wells in the same aquifer plus any additional wells in the same aquifer, an amount of ground water in excess of the total allowed average annual amount of withdrawal as long as the total volume of water withdrawn through the wells in each aquifer does not exceed the product of the number of years since the date of issuance of the well permit or
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permits or entry of a decree herein, whichever occurs first, times the total allowed average annual amount of withdrawal for each aquifer.
E. Declaring that, in accordance with C.R. S. § 37-90-137(9)(c), no findings of reasonable diligence are required to maintain the quantification of water applied for herein and that Applicant may proceed to develop and use the quantification of water applied for herein at such times as the Applicant deems appropriate for the nontributary ground waters, and at such time as the Applicant obtains a court approved plan for augmentation for the not nontributary ground waters.
EXHIBIT A
January 1, 1985 Corporate Limits of the City of Aurora in Arapahoe County, Colorado
TN4S, R66W
W ½, sec. 2 NE ¼, sec. 2
Sec. 3 Sec. 4 Sec. 5 Sec. 6 Sec. 7 Sec. 8 Sec. 9 Sec. 10
W ½, sec. 11 Portion of SE ¼, sec. 11 that lies SW of route 30
W ½, sec. 14 NE ¼, sec. 14 W ½, SE ¼, sec. 14
Sec. 15 Sec. 16 Sec. 17 Sec. 18 Sec. 19 Sec. 20 Sec. 21 Sec. 22 Sec. 23 Sec. 27 Sec. 28 Sec. 29 Sec. 30 Sec. 31 Sec. 32 Sec. 33 Sec. 34
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TN4S, R67W
Sec. 1 Sec. 2 Sec. 3
NE ¼, sec. 10 E ½, SE ¼, sec. 10
Sec. 11 Sec. 12 Sec. 13 Sec. 14
Portion of sec. 15 that lies within Arapahoe County
E ½, sec. 22
Sec. 23 Sec. 24 Sec. 25 Sec. 26
Portion of NE ¼, sec. 27 that lies NE of route 83
N ½, sec. 35 Portion of NE ¼, SE ¼, sec. 35 that lies N of route 83 Portion of NE ¼, SE ¼, sec. 35 that lies within Arapahoe County
N ½ sec. 36 Portion of S ½, sec. 36 that lies N and E of route 83
TN5S, R66W
Sec. 3, 4, 5 and 6
N ½ sec. 7 SE ¼, sec. 7 N ½, NE ¼, SW ¼, sec. 7 N ½, S ½, NE ¼, SW ¼, sec. 7
N ½, sec. 8 SW ¼, sec. 8 W ½, SW ¼, SE ¼, sec. 8 W ½, NW ¼, SE ¼, sec. 8 Portion of E ½, NW ¼, SE ¼, sec. 8 that lies N of Smokey Hill Road NE ¼, SE ¼, sec. 8 Portion of SE ¼, SE ¼, sec. 8 that lies N of Smokey Hill Road
Sec. 9
W ½, sec. 10
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EXCLUSIONS:
Denver Aquifer:
Radius of 903 feet from well 11196-F at SE OF THE SE OF T4S, R67W, SECTION 26 Radius of 989 feet from well R-10515 at SW OF THE NW OF T5S, R66W, SECTION 7 Radius of 2241 feet from well 7664-F at NW OF THE SE OF T5S, R66W, SECTION 6 Radius of 1478 feet from well 11814-F at NE OF THE SE OF T5S, R66W, SECTION 6 Radius of 2122 feet from well 15090-F at NE OF THE NW OF T5S, R66W, SECTION 6 Radius of 965 feet from well R-1196 at SE OF THE SW OF T4S, R66W, SECTION 7 Radius of 1310 feet from well 3002-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 1367 feet from well 8807-F at SE OF THE SW OF T3S, R66W, SECTION 31 Upper Arapahoe Aquifer:
Radius of 1806 feet from well 16118-R at SE OF THE NW OF T4S, R66W, SECTION 14 Radius of 2380 feet from well 11814-F at NE OF THE SE OF T5S, R66W, SECTION 6 Radius of 3235 feet from well 7664-F at NW OF THE SE OF T5S, R66W, SECTION 6 Radius of 3476 feet from well 15090-F at NE OF THE NW OF T5S, R66W, SECTION 6 Radius of 2506 feet from well 15367-F at SE OF THE NE OF T4S, R67W, SECTION 36 Radius of 3881 feet from well 15105-F at SW OF THE SE OF T4S, R67W, SECTION 25 Radius of 3449 feet from well 15104-F at SE OF THE NE OF T4S, R67W, SECTION 25 Radius of 1990 feet from well 11196-F at SE OF THE SE OF T4S, R67W, SECTION 26 Radius of 4443 feet from well 16207-F at SW OF THE NW OF T4S, R67W, SECTION 35 Radius of 2950 feet from well 2656-F at NW OF THE NW OF T4S, R67W, SECTION 35 Radius of 1407 feet from well 16253-F at NE OF THE NE OF T4S, R67W, SECTION 23 Radius of 990 feet from well 3469-F at SW OF THE NW OF T4S, R67W, SECTION 12 Radius of 1142 feet from well R-1196 at SE OF THE SW OF T4S, R66W, SECTION 7 Radius of 2615 feet from well 7770-F at NW OF THE NW OF T4S, R66W, SECTION 17 Radius of 1606 feet from well 3208-F at NE OF THE NE OF T4S, R67W, SECTION 10 Radius of 1428 feet from well 2807-F at NE OF THE NE OF T4S, R67W, SECTION 10 Radius of 1277 feet from well 10186-F at SE OF THE NE OF T4S, R66W, SECTION 6 Radius of 1444 feet from well 3683-F at SW OF THE NW OF T4S, R66W, SECTION 5 Radius of 1561 feet from well R16115 at SW OF THE SE OF T4S, R66W, SECTION 3 Radius of 1414 feet from well R16116 at NW OF THE NE OF T4S, R66W, SECTION 10 Radius of 1654 feet from well R16117 at NE OF THE SW OF T4S, R66W, SECTION 10 Radius of 2121 feet from well 2116-F at NW OF THE NE OF T4S, R67W, SECTION 1 Radius of 2732 feet from well 13904-F at NE OF THE SW OF T3S, R66W, SECTION 31 Radius of 1447 feet from well 8807-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 1571 feet from well 2179-F at SW OF THE SW OF T3S, R66W, SECTION 31 Radius of 1780 feet from well 3002-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 2413 feet from well 5349-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 2550 feet from well 5348-F at SW OF THE SE OF T3S, R66W, SECTION 31 Radius of 3504 feet from well 16081 at NE OF THE SW OF T3S, R66W, SECTION 34
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Lower Arapahoe Aquifer:
Radius of 2503 feet from well 15367-F at SE OF THE NE OF T4S, R67W, SECTION 36 Radius of 3339 feet from well 15105-F at SW OF THE SE OF T4S, R67W, SECTION 25 Radius of 2940 feet from well 15104-F at SE OF THE NE OF T4S, R67W, SECTION 25 Radius of 1231 feet from well 16253-F at NE OF THE NE OF T4S, R67W, SECTION 23 Radius of 1348 feet from well 3208-F at NE OF THE NE OF T4S, R67W, SECTION 10 Radius of 655 feet from well 2807-F at NE OF THE NE OF T4S, R67W, SECTION 10 Radius of 1277 feet from well 3469-F at SW OF THE NW OF T4S, R67W, SECTION 12 Radius of 4121 feet from well 7770-F at SW OF THE SW OF T4S, R66W, SECTION 8 Radius of 1994 feet from well 10186-F at SE OF THE NE OF T4S, R66W, SECTION 6 Radius of 2008 feet from well 3683-F at SW OF THE NW OF T4S, R66W, SECTION 5 Radius of 1431 feet from well R16115 at SW OF THE SE OF T4S, R66W, SECTION 3 Radius of 1321 feet from well R16116 at NW OF THE NE OF T4S, R66W, SECTION 10 Radius of 1607 feet from well R16117 at NE OF THE SW OF T4S, R66W, SECTION 10 Radius of 1442 feet from well 2179-F at SW OF THE SW OF T3S, R66W, SECTION 31 Radius of 2235 feet from well 5349-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 2128 feet from well 5348-F at SW OF THE SE OF T3S, R66W, SECTION 31
Laramie-Fox Hills Aquifer:
Radius of 1558 feet from well 16118-R at SE OF THE NW OF T4S, R66W, SECTION 14 Radius of 3565 feet from well 7663-F at NW OF THE SE OF T5S, R66W, SECTION 6 Radius of 3661 feet from well 15084-F at NE OF THE NW OF T5S, R66W, SECTION 6 Radius of 2667 feet from well 15106-F at SW OF THE SE OF T4S, R67W, SECTION 25 Radius of 2701 feet from well 15103-F at SE OF THE NE OF T4S, R67W, SECTION 25 Radius of 2409 feet from well R16118 at NE OF THE SW OF T4S, R66W, SECTION 10 Radius of 1980 feet from well R16117 at NW OF THE NE OF T4S, R66W, SECTION 10 Radius of 2125 feet from well R16115 at SW OF THE SE OF T4S, R66W, SECTION 3
2001CW299 – CITY OF AURORA an Application for Determiantion of Underground Water Rights from Nontriutary and Not Nontributary Sources in Douglas County. .(John Dingess, 7800 E. Union Avenue, Denver, CO 80237, (303) 779-0200.1.Name, Address, and Telephone Number of Applicant:
City of Aurora, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030
2. Introduction:
Through this Application and others filed contemporaneously herewith, Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicant that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
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3. Names and Legal Descriptions of Wells:
E. Existing Wells Excluded:
The Applicant seeks herein determination of its right to perfect its ownership, appropriate and withdraw all heretofore unappropriated nontributary and not nontributary ground water which is legally available from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills Aquifers underlying that portion of the City of Aurora described in Paragraphs 3.C. and 8 herein. Therefore, any and all existing wells owned and/or operated by the Applicant that withdraw nontributary or not nontributary groundwater from said aquifers, whether or not permitted or decreed, are specifically excluded from determination under this Application.
F. Permits for Future Wells:
None of the wells that are the subject of this Application currently exist, and the Applicant has not applied for permits to drill any of the wells. Consequently, none of the wells have well permits, registrations, or denial numbers. Prior to constructing any well described herein, Applicant will apply to the Division of Water Resources (the “State Engineer”) for a permit to construct such well. The Applicant requests that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicant requests a determination that a failure to construct any of its wells within the period of time specified in the well permit not be deemed to extinguish the underlying water rights. The Applicant also requests a determination that at such time as it is prepared to drill its wells, the State Engineer shall issue new well permits to replace any well permits that have expired and that said well permits be issued in accordance with the terms of the decree herein.
C. Location of Future Wells:
Applicant seeks the right to locate the future wells at any suitable location within the those parts of Douglas County annexed to the City of Aurora after January 1, 1985 (the “Subject Portion of the City of Aurora”) as more fully described in Exhibit A, attached hereto and incorporated herein by this reference, so long as the wells are at least 600 feet away from any other existing well in the same aquifer owned by another person or entity; however, the future wells may be located closer than 600 feet from any other existing wells in the same aquifer owned by another person or entity if, pursuant to C.R.S. § 37-90-137(2)(b)(I), the State Engineer, after hearing, finds circumstances warrant issuance of a permit and issues a permit for the wells. Applicant waives the 600-foot spacing requirement of C.R.S. § 37-90-137(2) within the Subject Portion of the City of Aurora. The Subject Portion of the City of Aurora consists of approximately 427.28 acres located in all or portions of Sections 1, 2 and 3, T6S, R66W, 6th P.M. in Douglas County, Colorado. A map showing the current corporate limits of the City of Aurora and highlighting those parts of Douglas County annexed to the City of Aurora after January 1, 1985 is attached hereto as Exhibit B.
4. Source of Water Rights and Estimated Aquifer Depths:
A. Source:
1. Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available nontributary ground water in the Upper Arapahoe and Laramie- Fox Hills Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 427.28 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, and (2) underlying 427.28 acres within the Subject Portion of the City of Aurora contained in the Laramie-Fox Hills Aquifer, as illustrated in Exhibit C, attached hereto, and that such water is “nontributary ground water” as defined in C. R. S. § 37-90-103(10.5).
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2. Not Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available not nontributary ground water in the Upper Dawson, Lower Dawson and Denver Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 427.28 acres within the Subject Portion of the City of Aurora contained in the Upper Dawson Aquifer, (2) underlying 427.28 acres within the Subject Portion of the City of Aurora contained in the Lower Dawson Aquifer, and (3) underlying 427.28 acres within the City of Aurora contained in the Denver Aquifer, as illustrated in Exhibit C, and that such water is “not nontributary ground water” as defined in C. R. S. § 37-90-103(10.7). Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others.
B. Estimated Maximum Depth:
Upper Dawson Aquifer: 323.75 feet
Lower Dawson Aquifer: 685.23 feet
Denver Aquifer: 1,554.85 feet
Upper Arapahoe Aquifer: 2,099.20 feet
Laramie-Fox Hills Aquifer: 2,741.52 feet.
The above estimated maximum depths are approximate and may vary according to the actual aquifer picks, topographical locations of wells, and saturated thickness of the aquifer. These parameters, as well as specific yield, will be determined in accordance with site-specific geophysical evidence.
5. Average Annual Amount Claimed from the Aquifers:
A. The Applicant claims herein the right to perfect its ownership, appropriate and withdraw all of the nontributary and not nontributary ground water which is legally available from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora over the 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. For purposes of the decree herein, Applicant will utilize a nominal production rate of 250 gallons per minute per well. Applicant requests the right to pump its wells at rates in excess of the nominal production rate to the extent necessary to withdraw the total number of acre feet which Applicant is entitled to withdraw from the aquifers each year.
B. To estimate the amount of ground water available for withdrawal from these aquifers, Applicant has utilized its own hydrologic data as well as hydrologic data available from the State Engineer, including the Denver Basin Rules, 2 CCR 402-6. By use of this data, Applicant has determined that the volume of ground water underlying the Subject Portion of the City of Aurora contained in the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills Aquifers is not sufficient to claim an Annual Average Amount in this Application. Applicant reserves the right under this Court’s retained jurisdiction to claim any Average Annual Amount that may be determined to be available to Applicant based on hydrologic data derived from future wells or test holes or other means, including findings and determinations of fact of the State Engineer
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6. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use:
Applicant contends that the prior-appropriation doctrine does not apply to ground water rights to be determined herein. Applicant requests the Court to determine that to the extent that the ground water involved herein has not been diverted and applied to beneficial use, that Applicant’s rights thereto are vested property rights and not conditional water rights subject to the requirements of findings of reasonable diligence. If it is determined that some or all of the ground water subject hereto is subject to the appropriation doctrine and/or must be decreed as conditional water rights, for the ground water underlying the Subject Portion of the City of Aurora, Applicant claims an appropriation date of December 17, 2001, the date the City Council of the City of Aurora, inter alia, formed intent, by Resolution R 2001-83, approving and authorizing the filing of this Application.
7. Proposed Use of Water:
Applicant intends to use all ground water withdrawn from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills Aquifers that is the subject of this Application in a unified water supply system to be used, reused, successively used, and after use leased, sold or otherwise disposed of to extinction for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves and any other beneficial purpose either inside or outside the current or future corporate limits of the City of Aurora. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including, without limitation, taking credit for return flows resulting from the use of said water as a source of augmentation water.
8. Description of Overlying Lands:
See Paragraph 3.C., herein, and Exhibit A, attached hereto. The owners of lands within the Subject Portion of the City of Aurora specifically consented to withdrawal of ground water underlying their land by the Applicant pursuant to an Annexation Agreement by and between the Applicant and First Capital Corporation dated April 8, 1988 adopted by Ordinance No. 88-013 of the City Council of the City of Aurora. A copy of the Annexation Agreement recorded on July 6, 1988 in Book 801 at Page 471 of the Records of Clerk and Recorded of Douglas County, Colorado is attached hereto as Exhibit D.
9. Remarks:
A. Prior to entry of the decree herein, Applicant will supplement this Application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this Application, a determination as to the facts of this Application.
B. The annual withdrawal of the amount of ground water applied for herein, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right.
C. The wells completed into nontributary portions of the Upper Arapahoe and Laramie-Fox Hills Aquifers will not, within 100 years, deplete the flow of a natural stream, including a natural stream as defined in C.R.S. § 37-82-101(2) and 37-92-101(2), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal
D. Applicant shall relinquish the right to consume up to two percent of all nontributary ground water withdrawn from any future wells adjudicated under this Application, as required by C.R.S. §
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37-90-137(9)(b) and the Denver Basin Rules, 2 CCR 402-6, Rule 8. Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others. For not nontributary ground water withdrawn from the Denver Aquifer more than one mile from any point of contact with any natural stream, including its alluvium said plan for augmentation shall require replacement of ground water equal to four percent (4%) of the amount of water withdrawn on an annual basis.
E. Each of the future nontributary wells is sought as a point of diversion for all of the nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer. Each of the future not nontributary wells is sought as a point of diversion for all of the not nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer.
F. Applicant may need to construct additional wells, including supplemental, replacement or alternate point of diversion wells, to recover the entire amount of water available to it from each aquifer. Applicant requests the right to construct such additional wells as necessary in order to maintain production of the amounts of water to which it is entitled.
G. Applicant requests that all of the wells constructed in one aquifer, plus any additional wells constructed in that same aquifer, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14. The pumping rates for each well shall be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the maximum acre-foot entitlement from each aquifer.
H. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of ground water in excess of the amount decreed for average annual withdrawal form that aquifer, so long as the sum of the total volume of water withdrawn from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of a decree herein, whichever occurs first, times the average annual amount of withdrawal which Applicant is entitled to withdraw from that aquifer.
I. Applicant requests this Court to order that the standards of C.R.S. § 37-90-137(4) be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the standards of C.R.S. § 37-90-137(10).
J. Applicant requests this Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefore not be deemed to extinguish the underlying right to ground water. Applicant further requests the Court to order that, at such times as Applicant is prepared to drill its wells, the State Engineer shall issue permits for the wells in accordance with the terms of the decree herein and to issue new well permits for any wells which have expired.
K. Applicant requests that the Court retain jurisdiction only for adjustment of the amounts of ground water which are available for withdrawal by Applicant from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora based on actual local aquifer characteristics, and to authorize Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, without the necessity of amending this Application or republishing the same.
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WHEREFORE, Applicant, City of Aurora, acting by and through its Utility Enterprise, prays that this Court enter a decree:
1. Granting the Application herein and awarding the water rights claimed herein as final, absolute and perfected water rights, except as to those issues for which jurisdiction of the Court has been specifically retained.
2. Specifically determining:
A. That this Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
B. That Applicant has complied with C.R.S. § 37-90-137(4) and the water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified in Paragraph 5 herein to provide for adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled within the Subject Portion of the City of Aurora, pursuant to C.R.S. § 37-92- 305(11).
C. That the sources of supply for the water rights claimed herein are the ground waters in the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills Aquifers.
D. That vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein.
3. Retaining jurisdiction only for the purpose of finally determining the quantity of ground water to which the Applicant is legally entitled from each aquifer and providing that Applicant may at any time invoke the Court’s retained jurisdiction to obtain a final determination of the water rights granted by a factual showing of the quantity of the entitlement.
4. Finding that:
A. The nature and extent of the water rights applied for herein are governed by C.R.S. §§ 37-90-137(4) and (9)(c), and that the decreed withdrawals are based on an aquifer life of 100 years and based upon the quantity of water, exclusive of artificial recharge, underlying the Subject Portion of the City of Aurora.
B. Applicant may construct additional wells as required to recover the entire allowed annual appropriation under the provisions of C.R.S. § 37-90-137(10).
C. Any wells constructed into the same aquifer, along with any additional wells into such aquifer within the Subject Portion of the City of Aurora as described in Paragraphs 3.C. and 8, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14, and as such, Applicant may withdraw the maximum annual amount of water decreed and confirmed under this Application through any one or any combination of wells in the same aquifer, and that the pumping rate for each well constructed in the same aquifer may exceed its nominal pumping rate in order to allow the withdrawal of the full cumulative amount from each aquifer.
D. For each aquifer, Applicant may withdraw water through wells in the same aquifer plus any additional wells in the same aquifer, an amount of ground water in excess of the total allowed average annual amount of withdrawal as long as the total volume of water withdrawn through the wells in each aquifer does not exceed the product of the number of years since the date of issuance of the well permit or permits or entry of a decree herein, whichever occurs first, times the total allowed average annual amount of withdrawal for each aquifer.
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E. Declaring that, in accordance with C.R. S. § 37-90-137(9)(c), no findings of reasonable diligence are required to maintain the quantification of water applied for herein and that Applicant may proceed to develop and use the quantification of water applied for herein at such times as the Applicant deems appropriate for the nontributary ground waters, and at such time as the Applicant obtains a court approved plan for augmentation for the not nontributary ground waters.
EXHIBIT A
Those Parts of Douglas County, Colorado Annexed to the City of Aurora After January 1, 1985
T6S, R66W, 6th P.M.
Section 1
E ½, NW ¼, § 2 NW ¼, NW ¼, § 2 N ½, SW ¼, NW ¼, § 2
NE ¼, § 3 N ½, NW ¼, § 3 SE ¼, NW ¼, § 3 N ½, SW ¼, NW ¼, § 3
2001CW300 – CITY OF AURORA an Application for Determiantion of Underground Water Rights from Nontriutary and Not Nontributary Sources in Arapahoe County. .(John Dingess, 7800 E. Union Avenue, Denver, CO 80237, (303) 779-0200.
1. Name, Address, and Telephone Number of Applicant:
City of Aurora, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030
2. Introduction:
Through this Application and others filed contemporaneously herewith, Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicant that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
3. Names and Legal Descriptions of Wells:
G. Existing Wells Excluded:
The Applicant seeks herein determination of its right to perfect its ownership, appropriate and withdraw all heretofore unappropriated nontributary and not nontributary ground water which is legally available from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying that portion of the City of Aurora described in Paragraphs 3.C. and 8 herein. Therefore, any and all existing wells owned and/or operated by the Applicant that withdraw nontributary or not nontributary groundwater from said aquifers, whether or not permitted or decreed, are specifically excluded from determination under this Application. December Resume -151-
H. Permits for Future Wells:
None of the wells that are the subject of this Application currently exist, and the Applicant has not applied for permits to drill any of the wells. Consequently, none of the wells have well permits, registrations, or denial numbers. Prior to constructing any well described herein, Applicant will apply to the Division of Water Resources (the “State Engineer”) for a permit to construct such well. The Applicant requests that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicant requests a determination that a failure to construct any of its wells within the period of time specified in the well permit not be deemed to extinguish the underlying water rights. The Applicant also requests a determination that at such time as it is prepared to drill its wells, the State Engineer shall issue new well permits to replace any well permits that have expired and that said well permits be issued in accordance with the terms of the decree herein.
C. Location of Future Wells:
Applicant seeks the right to locate future wells at any suitable location within those parts of Arapahoe County annexed to the City of Aurora after January 1, 1985 located South of Quincy Avenue (the “Subject Portion of the City of Aurora”) as more fully described in Exhibit A, attached hereto and incorporated herein by this reference, so long as the wells are at least 600 feet away from any other existing well in the same aquifer owned by another person or entity; however, future wells may be located closer than 600 feet from any other existing wells in the same aquifer owned by another person or entity if, pursuant to C.R.S. § 37-90-137(2)(b)(I), the State Engineer, after hearing, finds circumstances warrant issuance of a permit and issues a permit for the wells. Applicant waives the 600-foot spacing requirement of C.R.S. § 37-90-137(2) within the Subject Portion of the City of Aurora. The Subject Portion of the City of Aurora consists of approximately 10,907.89 acres located in all or portions of Sections 7, 10, 18, 19, 20, 23, 24, 25, 26, 29, 30, 33, 34, 35 and 36, T5S, R66W, 6th P.M., Sections 1, 2 and 3, T6S, R66W, 6th P.M., and Sections 7, 8, 9, 15, 16, 17, 18, 19, 20, 21, 22, 28, 29, 30, 31, 32 and 33, T5S, R65W, 6th P.M. in Arapahoe County, Colorado. A map showing the current corporate limits of the City of Aurora and highlighting those parts of Arapahoe County annexed to the City of Aurora after January 1, 1985 located South of Quincy Avenue is attached hereto as Exhibit B.
4. Source of Water Rights and Estimated Aquifer Depths:
A. Source:
1. Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available nontributary ground water in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 2,124.89 acres within the Subject Portion of the City of Aurora contained in Denver Aquifer, (2) underlying 9,547.80 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, (3) underlying 2,881.12 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, and (4) underlying 9,923.37 within the Subject Portion of the City of Aurora contained in the Laramie-Fox Hills Aquifer, as illustrated in Exhibit C, attached hereto, and that such water is “nontributary ground water” as defined in C. R. S. § 37-90-103(10.5).
2. Not Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available not nontributary ground water in the Upper Dawson, Lower Dawson and Denver Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 6,742.44 acres within the Subject Portion of the City of Aurora
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contained in the Upper Dawson Aquifer, (2) underlying 10,907.89 acres within the Subject Portion of the City of Aurora contained in the Lower Dawson Aquifer, and (3) underlying 8,108.70 acres within the Subject Portion of the City of Aurora contained in the Denver Aquifer, as illustrated in Exhibit C, and that such water is “not nontributary ground water” as defined in C. R. S. § 37-90-103(10.7). Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others.
B. Estimated Maximum Depth:
Upper Dawson Aquifer 361.42 feet
Lower Dawson Aquifer: 545.26 feet
Denver Aquifer: 1,501.94 feet
Upper Arapahoe Aquifer: 1,984.32 feet
Lower Arapahoe Aquifer: 1,869.55 feet
Laramie-Fox Hills Aquifer: 2,685.94 feet.
The above estimated maximum depths are approximate and may vary according to the actual aquifer picks, topographical locations of wells, and saturated thickness of the aquifer. These parameters, as well as specific yield, will be determined in accordance with site-specific geophysical evidence.
5. Average Annual Amount Claimed from the Aquifers:
A. The Applicant claims herein the right to perfect its ownership, appropriate and withdraw all of the nontributary and not nontributary ground water which is legally available from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora over the 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. For purposes of the decree herein, Applicant will utilize a nominal production rate of 500 gallons per minute per well. Applicant requests the right to pump its wells at rates in excess of the nominal production rate to the extent necessary to withdraw the maximum number of acre feet which Applicant is entitled to withdraw from the aquifers each year.
B. To estimate the amount of ground water available for withdrawal from these aquifers, Applicant has utilized its own hydrologic data as well as hydrologic data available from the State Engineer, including the Denver Basin Rules, 2 CCR 402-6. By use of this data, Applicant estimates that it can economically recover and is entitled to withdraw the following quantities from each aquifer on an annual basis:
Aquifer Specific Nontributary Not Nontributary Not Nontributary Total
Yield /1 (acre feet) (acre feet) /2 (acre feet) /3
Upper Dawson /4 20.0% /5
Lower Dawson /4 20.0% 1,294.70 0 1,294.70
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Denver 17.0% 160.14 1,914.22 0 2,074.36
Upper Arapahoe 17.0% 1,085.35 0 0 1,085.35
Lower Arapahoe 17.0% 601.02 0 0 601.02
Laramie-Fox Hills 15.0% 1,879.65 0 0 1,879.65
Total 3,726.16 3,208.92 6,935.08
10. Specific yield values derived from the Denver Basin Rules, 2 CCR 402-6, Rule 6.
11. More than one mile from any point of contact with any natural stream including its alluvium.
12. One mile or less from any point of contact with any natural stream including its alluvium.
13. Shall require replacement of actual stream depletion to the extent necessary to prevent any injurious effect, based upon actual aquifer conditions in existence at the time of a decree approving a plan for augmentation.
14. Applicant has determined that the volume of ground water underlying the Subject Portion of the City of Aurora contained in the Upper Dawson Aquifer is not sufficient to claim an Annual Average Amount in this Application. Applicant reserves the right under this Court’s retained jurisdiction to claim any Average Annual Amount that may be determined to be available to Applicant based on hydrologic data derived from future wells or test holes or other means, including findings and determinations of fact of the State Engineer.
6. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use:
Applicant contends that the prior-appropriation doctrine does not apply to ground water rights to be determined herein. Applicant requests the Court to determine that to the extent that the ground water involved herein has not been diverted and applied to beneficial use, that Applicant’s rights thereto are vested property rights and not conditional water rights subject to the requirements of findings of reasonable diligence. If it is determined that some or all of the ground water subject hereto is subject to the appropriation doctrine and/or must be decreed as conditional water rights, for the ground water underlying the Subject Portion of the City of Aurora, Applicant claims an appropriation date of December 17, 2001, the date the City Council of the City of Aurora, inter alia, formed intent, by Resolution R 2001-83, approving and authorizing the filing of this Application.
7. Proposed Use of Water:
Applicant intends to use all ground water withdrawn from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers that is the subject of this Application in a unified water supply system to be used, reused, successively used, and after use leased, sold or otherwise disposed of to extinction for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves and any other beneficial purpose either inside or outside the current or future corporate limits of the City of Aurora. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including, without limitation, taking credit for return flows resulting from the use of said water as a source of augmentation water. December Resume -154-
8. Description of Overlying Lands:
See Paragraph 3.C., herein, and Exhibit A, attached hereto. The owners of lands within the Subject Portion of the City of Aurora specifically consented to withdrawal of ground water underlying their land by the Applicant pursuant to various Annexation Agreements with the Applicant adopted by Ordinances of the City Council of the City of Aurora. All Annexation Agreements and Ordinances adopting said Annexation Agreements are available for inspection by appointment at the following locations:
Duncan, Ostrander & Dingess, P.C. John M. Dingess, Special Counsel for the City of Aurora 7800 East Union Avenue, Suite 550 Denver, Colorado 80237 Telephone: 303.779.0200
City of Aurora Municipal Records Lisa Horton, Clerk 1450 South Havana Street Aurora, Colorado 80012 Telephone: 303.739.7074
The Annexation Agreements are also available for public inspection at:
Arapahoe County Clerk and Recorder 5334 South Prince Street Littleton, Colorado 80166
9. Remarks:
A. Prior to entry of the decree herein, Applicant will supplement this Application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this Application, a determination as to the facts of this Application.
B. The annual withdrawal of the amount of ground water applied for herein, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right.
C. The wells completed into nontributary portions of the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers will not, within 100 years, deplete the flow of a natural stream, including a natural stream as defined in C.R.S. § 37-82-101(2) and 37-92-101(2), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal
D. Applicant shall relinquish the right to consume up to two percent of all nontributary ground water withdrawn from any future wells adjudicated under this Application, as required by C.R.S. § 37-90-137(9)(b) and the Denver Basin Rules, 2 CCR 402-6, Rule 8. Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others. For not nontributary ground water withdrawn from the Denver Aquifer more than one mile from any point of contact with any natural stream, including its alluvium, as shown on the table in Paragraph 5.B., above, said plan for augmentation shall require replacement of ground water equal to four percent (4%) of the amount of water withdrawn on an annual basis.
E. Each of the future nontributary wells is sought as a point of diversion for all of the nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer. Each of the future not December Resume -155-
nontributary wells is sought as a point of diversion for all of the not nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer.
F. Applicant may need to construct additional wells, including supplemental, replacement or alternate point of diversion wells, to recover the maximum amount of water available to it from each aquifer. Applicant requests the right to construct such additional wells as necessary in order to maintain production of the amounts of water to which it is entitled.
G. Applicant requests that all of the wells constructed in one aquifer, plus any additional wells constructed in that same aquifer, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14. The pumping rates for each well shall be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the maximum acre-foot entitlement from each aquifer.
H. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of ground water in excess of the amount decreed for average annual withdrawal from that aquifer, so long as the sum of the total volume of water withdrawn from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of a decree herein, whichever occurs first, times the average annual amount of withdrawal which Applicant is entitled to withdraw from that aquifer.
I. Applicant requests this Court to order that the standards of C.R.S. § 37-90-137(4) be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the standards of C.R.S. § 37-90-137(10).
J. Applicant requests this Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefore not be deemed to extinguish the underlying right to ground water. Applicant further requests the Court to order that, at such times as Applicant is prepared to drill its wells, the State Engineer shall issue permits for the wells in accordance with the terms of the decree herein and to issue new well permits for any wells which have expired.
K. Applicant requests that the Court retain jurisdiction only for adjustment of the amounts of ground water which are available for withdrawal by Applicant from the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora based on actual local aquifer characteristics, and to authorize Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, without the necessity of amending this Application or republishing the same. WHEREFORE, Applicant, City of Aurora, acting by and through its Utility Enterprise, prays that this Court enter a decree:
1. Granting the Application herein and awarding the water rights claimed herein as final, absolute and perfected water rights, except as to those issues for which jurisdiction of the Court has been specifically retained.
2. Specifically determining:
A. That this Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
B. That Applicant has complied with C.R.S. § 37-90-137(4) and the water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified in Paragraph 5 herein to provide for adjustment of
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such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled within the Subject Portion of the City of Aurora, pursuant to C.R.S. § 37-92- 305(11).
C. That the sources of supply for the water rights claimed herein are the ground waters in the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers.
D. That vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein.
3. Retaining jurisdiction only for the purpose of finally determining the quantity of ground water to which the Applicant is legally entitled from each aquifer and providing that Applicant may at any time invoke the Court’s retained jurisdiction to obtain a final determination of the water rights granted by a factual showing of the quantity of the entitlement.
4. Finding that:
A. The nature and extent of the water rights applied for herein are governed by C.R.S. §§ 37-90-137(4) and (9)(c), and that the decreed withdrawals are based on an aquifer life of 100 years and based upon the quantity of water, exclusive of artificial recharge, underlying the Subject Portion of the City of Aurora .
B. Applicant may construct additional wells as required to recover the entire allowed annual appropriation under the provisions of C.R.S. § 37-90-137(10).
C. Any wells constructed into the same aquifer, along with any additional wells into such aquifer within the Subject Portion of the City of Aurora as described in Paragraphs 3.C. and 8, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14, and as such, Applicant may withdraw the maximum annual amount of water decreed and confirmed under this Application through any one or any combination of wells in the same aquifer, and that the pumping rate for each well constructed in the same aquifer may exceed its nominal pumping rate in order to allow the withdrawal of the full cumulative amount from each aquifer.
D. For each aquifer, Applicant may withdraw water through wells in the same aquifer plus any additional wells in the same aquifer, an amount of ground water in excess of the total allowed average annual amount of withdrawal as long as the total volume of water withdrawn through the wells in each aquifer does not exceed the product of the number of years since the date of issuance of the well permit or permits or entry of a decree herein, whichever occurs first, times the total allowed average annual amount of withdrawal for each aquifer.
E. Declaring that, in accordance with C.R. S. § 37-90-137(9)(c), no findings of reasonable diligence are required to maintain the quantification of water applied for herein and that Applicant may proceed to develop and use the quantification of water applied for herein at such times as the Applicant deems appropriate for the nontributary ground waters, and at such time as the Applicant obtains a court approved plan for augmentation for the not nontributary ground waters. EXHIBIT A
Those Parts of Arapahoe County, Colorado Annexed to the City of Aurora After January 1, 1985 Located South of Quincy Avenue
T5S, R66W
SW ¼, SW ¼, sec. 7
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SE ¼, SW ¼, sec. 7 South of Saratoga Place NE ¼, SW ¼, sec. 7 NW ¼, SW ¼, sec. 7
W ½, NW ¼, NE ¼, sec. 10
All of NE ¼ excluding SW ¼, NW ¼, NE ¼, sec. 18 NE ¼, SE ¼, sec 18
NE ¼, NW ¼, SW ¼, sec 19 SW ¼, NE ¼, SW ¼, sec 19 SE ¼, SE ¼, SW ¼, sec 19 S ½, SW ¼, SE ¼, sec 19 E ½, SW ¼, SE ¼, sec 19 W ½, SE ¼, SE ¼, sec 19 SE ¼, SE ¼, SE ¼, sec 19
W ½, SE ¼, sec 20 East of Route 83 in SW ¼
S ½, SW ¼, SE ¼, sec 23 South of Euclid Street SE ¼, SE ¼, sec 23
All of section 24 south of Smoky Hill Road excluding NW ¼, NW ¼, SW ¼, sec. 24 N ½, NE ¼, SE ¼, sec. 24 and also including NE ¼, NW ¼, SE ¼, sec. 24
All of section 25 excluding W ½, SW ¼, SW ¼, sec. 25 SW ¼, NW ¼, SW ¼, sec. 25
E ½, NW ¼, sec. 26 NE ¼, NE ¼, SE ¼, sec. 26 All of NE ¼, excluding West of Liverpool Street, sec. 26
All of N ½ of section 29 west of Route 83 excluding SW ¼, NW ¼
E ½, NE ¼, sec. 30
SE ¼, sec. 33 E ½, SE ¼, SW ¼, sec. 33
S ½ of section 34 E of Long Ave. in E ¼, NE ¼, sec. 34
W ½ of section 35 NE ¼, sec. 35 W ½, NW ¼, SE ¼, sec. 35
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All of section 36
T5S, R65W
E ½, E ½, SW ¼, SW ¼, sec. 9
E ½, NW ¼, NE ¼, sec. 8
SE ¼, sec. 7 E ½, SW ¼, sec. 7 E ½, SW ¼, SW ¼, sec. 7
W of 1810 meter contour, W ½, sec. 15
Sec. 16
S ½, sec. 17 S ½, S ½, sec. 17
E ½, sec. 18 SW ¼, sec. 18
W of 1810 meter contour, W ½, sec. 22
Sec. 21 Sec. 20
All of sec. 19 excluding NW ¼, NW ¼, SW ¼, sec. 19 W ½, SW ¼, NW ¼, SW ¼, sec. 19
Sec. 28 Sec. 29 Sec. 30 Sec. 33
NE of Smokey Hill Rd., sec. 32 W ½, NW ¼, NW ¼, sec. 32
W ½, sec. 31 NW ¼, NE ¼, sec. 31
EXCLUSIONS:
Upper Dawson Aquifer:
Radius of 1940 feet from well 15180-F at SW OF THE SW OF T5S, R65W, SECTION 33
Denver Aquifer:
Radius of 586 feet from well 12745-F at NW OF THE SE OF T5S, R66W, SECTION 19 Radius of 2901 feet from well 5127-F at SE OF THE SE OF T5S, R66W, SECTION 19 Radius of 3080 feet from well 5128-F at NE OF THE NE OF T5S, R66W, SECTION 30 Radius of 3059 feet from well 5129-F at SE OF THE NE OF T5S, R66W, SECTION 30
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Radius of 1580 feet from well 23609-F at SE OF THE SE OF T5S, R66W, SECTION 23 Radius of 1545 feet from well 23612-F at SW OF THE SE OF T5S, R66W, SECTION 24 Radius of 1580 feet from well 23611-F at NE OF THE SW OF T5S, R66W, SECTION 24 Radius of 989 feet from well R-10515 at SW OF THE NW OF T5S, R66W, SECTION 7
Arapahoe Aquifer:
Radius of 801 feet from well 12745-F at NW OF THE SE OF T5S, R66W, SECTION 19 Radius of 2469 feet from well 2098-F at SE OF THE SW OF T5S, R66W, SECTION 19 Radius of 4394 feet from well 5127-F at SE OF THE SE OF T5S, R66W, SECTION 19 Radius of 5258 feet from well 5128-F at NE OF THE NE OF T5S, R66W, SECTION 30 Radius of 4963 feet from well 5129-F at SE OF THE NE OF T5S, R66W, SECTION 30 Radius of 3292 feet from well 17489-F at SW OF THE SE OF T5S, R66W, SECTION 23 Radius of 2963 feet from well 17487-F at SE OF THE SW OF T5S, R66W, SECTION 25
Laramie-Fox Hills Aquifer:
Radius of 3264 feet from well 17496-F at SE OF THE SW OF T5S, R66W, SECTION 25 Radius of 3190 feet from well 17500-F at SE OF THE SW OF T5S, R66W, SECTION 23
2001CW301 – CITY OF AURORA An Application for Determination of Underground Water Rights from Nontributary and Not Nontributary Sources in Adams County. (John Dingess, 7800 E. Union Avenue, Denver, CO 80237, (303) 779-0200.
1. Name, Address, and Telephone Number of Applicant:
City of Aurora, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030
2. Introduction:
Through this Application and others filed contemporaneously herewith, Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicant that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
3. Names and Legal Descriptions of Wells:
I. Existing Wells Excluded:
The Applicant seeks herein determination of its right to perfect its ownership, appropriate and withdraw all heretofore unappropriated nontributary and not nontributary ground water which is legally available from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying that portion of the City of Aurora described in Paragraphs 3.C. and 8 herein. Therefore, any and all existing wells owned and/or operated by the Applicant that withdraw nontributary or not nontributary groundwater from said aquifers, whether or not permitted or decreed, are specifically excluded from determination under this Application. December Resume -160-
J. Permits for Future Wells:
None of the wells that are the subject of this Application currently exist, and the Applicant has not applied for permits to drill any of the wells. Consequently, none of the wells have well permits, registrations, or denial numbers. Prior to constructing any well described herein, Applicant will apply to the Division of Water Resources (the “State Engineer”) for a permit to construct such well. The Applicant requests that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicant requests a determination that a failure to construct any of its wells within the period of time specified in the well permit not be deemed to extinguish the underlying water rights. The Applicant also requests a determination that at such time as it is prepared to drill its wells, the State Engineer shall issue new well permits to replace any well permits that have expired and that said well permits be issued in accordance with the terms of the decree herein.
C. Location of Future Wells:
Applicant seeks the right to locate the future wells at any suitable location within the January 1, 1985 corporate limits of the City of Aurora in Adams County (the “Subject Portion of the City of Aurora”) as more fully described in Exhibit A, attached hereto and incorporated herein by this reference, so long as the wells are at least 600 feet away from any other existing well in the same aquifer owned by another person or entity; however, the future wells may be located closer than 600 feet from any other existing wells in the same aquifer owned by another person or entity if, pursuant to C.R.S. § 37-90-137(2)(b)(I), the State Engineer, after hearing, finds circumstances warrant issuance of a permit and issues a permit for the wells. Applicant waives the 600-foot spacing requirement of C.R.S. § 37-90-137(2) within the Subject Portion of the City of Aurora. The Subject Portion of the City of Aurora consists of approximately 9,611.23 acres located in all or portions of Sections 19, 20, 21, 26, 27, 28, 29, 30, 32, 33, 34 and 35, T3S, R66W, 6th P.M., and Sections 25, 26, 34, 35 and 36, T3S, R67W, 6th P.M. in Adams County, Colorado. A map showing the current corporate limits of the City of Aurora and highlighting the January 1, 1985 corporate limits of the City of Aurora in Adams County is attached hereto as Exhibit B.
4. Source of Water Rights and Estimated Aquifer Depths:
A. Source:
1. Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available nontributary ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 6,861,64 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, (2) underlying 8,279.36 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, and (3) 9,611.23 acres underlying the Subject Portion of the City of Aurora contained in the Laramie-Fox Hills Aquifer, as illustrated Exhibit C, attached hereto, and that such water is “nontributary ground water” as defined in C. R. S. § 37-90-103(10.5).
2. Not Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available not nontributary ground water in the Denver, Upper Arapahoe and Lower Arapahoe Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the water: (1) underlying 8,499.89 acres within the Subject Portion of the City of Aurora contained in the Denver Aquifer, (2) underlying 410.00 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, and (3) underlying 410.00 acres within the Subject Portion of the
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City of Aurora contained in the Lower Arapahoe Aquifer, as illustrated in Exhibit C, and that such water is “not nontributary ground water” as defined in C. R. S. § 37-90-103(10.7). Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others.
B. Estimated Maximum Depth:
Denver Aquifer: 791.34 feet
Upper Arapahoe Aquifer: 1,005.47 feet
Lower Arapahoe Aquifer: 1,387.89 feet
Laramie-Fox Hills Aquifer: 1,936.28 feet.
The above estimated maximum depths are approximate and may vary according to the actual aquifer picks, topographical locations of wells, and saturated thickness of the aquifer. These parameters, as well as specific yield, will be determined in accordance with site-specific geophysical evidence.
5. Average Annual Amount Claimed from the Aquifers:
A. The Applicant claims herein the right to perfect its ownership, appropriate and withdraw all of the nontributary and not nontributary ground water which is legally available from the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora over the 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. For purposes of the decree herein, Applicant will utilize a nominal production rate of 500 gallons per minute per well. Applicant requests the right to pump its wells at rates in excess of the nominal production rate to the extent necessary to withdraw the maximum number of acre-feet which Applicant is entitled to withdraw from the aquifers each year.
B. To estimate the amount of ground water available for withdrawal from these aquifers, Applicant has utilized its own hydrologic data as well as hydrologic data available from the State Engineer, including the Denver Basin Rules, 2 CCR 402-6. By use of this data, Applicant estimates that it can economically recover and is entitled to withdraw the following quantities from each aquifer on an annual basis:
Aquifer Specific Nontributary Not Nontributary Not Total Nontributary Yield /1 (acre-feet) (acre-feet) /2 (acre-feet) /3
Denver 17.0% 154.09 1,920.65 2,074.74
Upper Arapahoe 17.0% 2,299.95 139.40 2,439.35
Lower Arapahoe 17.0% 1,396.59 69.65 1,466.24
Laramie-Fox Hills 15.0% 2,552.47 2,552.47
Total 6,249.01 363.14 1920.65 8,532,80
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15. Specific yield values derived from the Denver Basin Rules, 2 CCR 402-6, Rule 6.
16. More than one mile from any point of contact with any natural stream including its alluvium.
17. One mile or less from any point of contact with any natural stream including its alluvium.
6. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use:
Applicant contends that the prior-appropriation doctrine does not apply to ground water rights to be determined herein. Applicant requests the Court to determine that to the extent that the ground water involved herein has not been diverted and applied to beneficial use, that Applicant’s rights thereto are vested property rights and not conditional water rights subject to the requirements of findings of reasonable diligence. If it is determined that some or all of the ground water subject hereto is subject to the appropriation doctrine and/or must be decreed as conditional water rights, for the ground water underlying the Subject Portion of the City of Aurora, Applicant claims an appropriation date of December 17, 2001, the date the City Council of the City of Aurora, inter alia, formed intent, by Resolution R 2001-83, approving and authorizing the filing of this Application.
7. Proposed Use of Water:
Applicant intends to use all ground water withdrawn from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers that is the subject of this Application in a unified water supply system to be used, reused, successively used, and after use leased, sold or otherwise disposed of to extinction for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves and any other beneficial purpose either inside or outside the current or future corporate limits of the City of Aurora. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including, without limitation, taking credit for return flows resulting from the use of said water as a source of augmentation water.
8. Description of Overlying Lands:
See Paragraph 3.C., herein, and Exhibit A, attached hereto. The owners of lands within the Subject Portion of the City of Aurora are deemed to have consented to withdrawal of ground water underlying their land by the Applicant pursuant to Resolution 85-86, attached hereto as Exhibit D, which was adopted in accordance with the provisions of C.R.S. § 37-90-137(8).
9. Remarks:
A. Prior to entry of the decree herein, Applicant will supplement this Application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this Application, a determination as to the facts of this Application.
B. The annual withdrawal of the amount of ground water applied for herein, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right.
C. The wells completed into nontributary portions of the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers will not, within 100 years, deplete the flow of a natural stream, including a natural stream as defined in C.R.S. § 37-82-101(2) and 37-92-101(2), at an annual rate greater than one- tenth of one percent of the annual rate of withdrawal
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D. Applicant shall relinquish the right to consume up to two percent of all nontributary ground water withdrawn from any future wells adjudicated under this Application, as required by C.R.S. § 37-90-137(9)(b) and the Denver Basin Rules, 2 CCR 402-6, Rule 8. Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others. For not nontributary ground water withdrawn from the Denver, Upper Arapahoe and Lower Arapahoe Aquifers more than one mile from any point of contact with any natural stream, including its alluvium, as shown on the table in Paragraph 5.B., above, said plan for augmentation shall require replacement of ground water equal to four percent (4%) of the amount of water withdrawn on an annual basis.
E. Each of the future nontributary wells is sought as a point of diversion for all of the nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer. Each of the future not nontributary wells is sought as a point of diversion for all of the not nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer.
F. Applicant may need to construct additional wells, including supplemental, replacement or alternate point of diversion wells, to recover the maximum amount of water available to it from each aquifer. Applicant requests the right to construct such additional wells as necessary in order to maintain production of the amounts of water to which it is entitled.
G. Applicant requests that all of the wells constructed in one aquifer, plus any additional wells constructed in that same aquifer, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14. The pumping rates for each well shall be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the maximum acre-foot entitlement from each aquifer.
H. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of ground water in excess of the amount decreed for average annual withdrawal from that aquifer, so long as the sum of the total volume of water withdrawn from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of a decree herein, whichever occurs first, times the average annual amount of withdrawal which Applicant is entitled to withdraw from that aquifer.
I. Applicant requests this Court to order that the standards of C.R.S. § 37-90-137(4) be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the standards of C.R.S. § 37-90-137(10).
J. Applicant requests this Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefore not be deemed to extinguish the underlying right to ground water. Applicant further requests the Court to order that, at such times as Applicant is prepared to drill its wells, the State Engineer shall issue permits for the wells in accordance with the terms of the decree herein and to issue new well permits for any wells which have expired.
K. Applicant requests that the Court retain jurisdiction only for adjustment of the amounts of ground water which are available for withdrawal by Applicant from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora based on actual local aquifer characteristics, and to authorize Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, without the necessity of amending this Application or republishing the same.
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WHEREFORE, Applicant, City of Aurora, acting by and through its Utility Enterprise, prays that this Court enter a decree:
1. Granting the Application herein and awarding the water rights claimed herein as final, absolute and perfected water rights, except as to those issues for which jurisdiction of the Court has been specifically retained.
2. Specifically determining:
A. That this Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
B. That Applicant has complied with C.R.S. § 37-90-137(4) and the water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified in Paragraph 5 herein to provide for adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled within the Subject Portion of the City of Aurora, pursuant to C.R.S. § 37-92- 305(11).
C. That the sources of supply for the water rights claimed herein are the ground waters in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers.
D. That vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein.
3. Retaining jurisdiction only for the purpose of finally determining the quantity of ground water to which the Applicant is legally entitled from each aquifer and providing that Applicant may at any time invoke the Court’s retained jurisdiction to obtain a final determination of the water rights granted by a factual showing of the quantity of the entitlement.
4. Finding that:
A. The nature and extent of the water rights applied for herein are governed by C.R.S. §§ 37-90-137(4) and (9)(c), and that the decreed withdrawals are based on an aquifer life of 100 years and based upon the quantity of water, exclusive of artificial recharge, underlying the Subject Portion of the City of Aurora.
B. Applicant may construct additional wells as required to recover the entire allowed annual appropriation under the provisions of C.R.S. § 37-90-137(10).
C. Any wells constructed into the same aquifer, along with any additional wells into such aquifer within the Subject Portion of the City of Aurora as described in Paragraphs 3.C and 8, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14, and as such, Applicant may withdraw the maximum annual amount of water decreed and confirmed under this Application through any one or any combination of wells in the same aquifer, and that the pumping rate for each well constructed in the same aquifer may exceed its nominal pumping rate in order to allow the withdrawal of the full cumulative amount from each aquifer.
D. For each aquifer, Applicant may withdraw water through wells in the same aquifer plus any additional wells in the same aquifer, an amount of ground water in excess of the total allowed average annual amount of withdrawal as long as the total volume of water withdrawn through the wells in each aquifer does not exceed the product of the number of years since the date of issuance of the well permit or permits or entry of a decree herein, whichever occurs first, times the total allowed average annual amount of withdrawal for each aquifer.
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E. Declaring that, in accordance with C.R. S. § 37-90-137(9)(c), no findings of reasonable diligence are required to maintain the quantification of water applied for herein and that Applicant may proceed to develop and use the quantification of water applied for herein at such times as the Applicant deems appropriate for the nontributary ground waters, and at such time as the Applicant obtains a court approved plan for augmentation for the not nontributary ground waters. EXHIBIT A
January 1, 1985 Corporate Limits of the City of Aurora in Adams County, Colorado
TN3S, R66W
SE ¼, sec. 21 S ½, SW ¼, sec. 21
S ½, SE ¼, sec. 20 S ½, SW ¼, sec. 20
S ½, SE ¼, sec. 19 S ½, SW ¼, sec. 19
Sections 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35
TN3S, R67W
All of section 25 excluding Portion north of 37th Ave.
NE ¼, sec. 26 excluding Portion north of 37th Ave. SE ¼, sec. 26 excluding SW ¼, SE ¼ S ½, SE ¼, SE ¼
All of section 34 excluding Excluding W ½, NW ¼
Sections 35 and 36
EXCLUSIONS:
Denver Aquifer:
Radius of 1960 feet from well 19803-F at SW OF THE SW OF T3S, R66W, SECTION 28 Radius of 1310 feet from well 3002-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 1367 feet from well 8807-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 2410 feet from well 16081 at NE OF THE SW OF T3S, R66W, SECTION 34 Radius of 1955 feet from well 13155-F at SE OF THE SW OF T3S, R66W, SECTION 26 Radius of 1049 feet from well 44483 at SW OF THE SW OF T3S, R66W, SECTION 22
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Upper Arapahoe Aquifer:
Radius of 2734 feet from well 2377-F at NW OF THE NW OF T3S, R66W, SECTION 35 Radius of 1370 feet from well 13155-F at SE OF THE SW OF T3S, R66W, SECTION 26 Radius of 1400 feet from well W-9149 at SW OF THE NE OF T3S, R67W, SECTION 36 Radius of 2121 feet from well 2116-F at NW OF THE NE OF T4S, R67W, SECTION 1 Radius of 1942 feet from well 13743-F at NW OF THE SW OF T3S, R66W, SECTION 31 Radius of 1608 feet from well 2260-F at NW OF THE SW OF T3S, R66W, SECTION 31 Radius of 2732 feet from well 13904-F at NE OF THE SW OF T3S, R66W, SECTION 31 Radius of 1447 feet from well 8807-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 1571 feet from well 2179-F at SW OF THE SW OF T3S, R66W, SECTION 31 Radius of 1780 feet from well 3002-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 2413 feet from well 5349-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 2550 feet from well 5348-F at SW OF THE SE OF T3S, R66W, SECTION 31 Radius of 3504 feet from well 16081 at NE OF THE SW OF T3S, R66W, SECTION 34 Radius of 1453 feet from well 15755-F at SW OF THE NW OF T3S, R66W, SECTION 31 Radius of 1547 feet from well 19803-F at SW OF THE SW OF T3S, R66W, SECTION 28 Radius of 1179 feet from well 44483 at SW OF THE SW OF T3S, R66W, SECTION 22 Radius of 1739 feet from well 2158-F at SW OF THE NW OF T3S, R66W, SECTION 35
Lower Arapahoe Aquifer:
Radius of 1111 feet from well 19803-F at SW OF THE SW OF T3S, R66W, SECTION 28 Radius of 1474 feet from well 15755-F at SW OF THE NW OF T3S, R66W, SECTION 31 Radius of 1657 feet from well 2377-F at NW OF THE NW OF T3S, R66W, SECTION 35 Radius of 767 feet from well 13155-F at SE OF THE SW OF T3S, R66W, SECTION 26 Radius of 1058 feet from well 2260-F at NW OF THE SW OF T3S, R66W, SECTION 31 Radius of 1780 feet from well 13743-F at NW OF THE SW OF T3S, R66W, SECTION 31 Radius of 1938 feet from well 13904-F at NE OF THE SW OF T3S, R66W, SECTION 31 Radius of 759 feet from well 8807-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 1442 feet from well 2179-F at SW OF THE SW OF T3S, R66W, SECTION 31 Radius of 2235 feet from well 5349-F at SE OF THE SW OF T3S, R66W, SECTION 31 Radius of 2128 feet from well 5348-F at SW OF THE SE OF T3S, R66W, SECTION 31 Radius of 1370 feet from well 2158-F at SW OF THE NW OF T3S, R66W, SECTION 35
2001CW302 CITY OF AURORA Application for Determination of Underground Water Rights from Nontributary and Not Nontributary Sources, IN ARAPAHOE COUNTY, (John Dingess, Lynn B. Obernyer, Stephanie J. Neitzel, T. Daniel Platt, 7800 E. Union Ave., Suite 550, Denver, CO 80237-2753).
1. Name, Address, and Telephone Number of Applicant:
City of Aurora, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise 1470 South Havana Street, Suite 400 Aurora, Colorado 80012 Telephone: 303.739.7030
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2. Introduction:
Through this Application and others filed contemporaneously herewith, Applicant seeks to appropriate, perfect and obtain vested rights for any and all nontributary and not nontributary ground water legally available to Applicant that has not been previously permitted or decreed. This Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
3. Names and Legal Descriptions of Wells:
K. Existing Wells Excluded:
The Applicant seeks herein determination of its right to perfect its ownership, appropriate and withdraw all heretofore unappropriated nontributary and not nontributary ground water which is legally available from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying that portion of the City of Aurora described in Paragraphs 3.C. and 8 herein. Therefore, any and all existing wells owned and/or operated by the Applicant that withdraw nontributary or not nontributary groundwater from said aquifers, whether or not permitted or decreed, are specifically excluded from determination under this Application.
L. Permits for Future Wells:
None of the wells that are the subject of this Application currently exist, and the Applicant has not applied for permits to drill any of the wells. Consequently, none of the wells have well permits, registrations, or denial numbers. Prior to constructing any well described herein, Applicant will apply to the Division of Water Resources (the “State Engineer”) for a permit to construct such well. The Applicant requests that the Court require the State Engineer to issue well permits for any such wells in accordance with the decree to be entered herein. Applicant requests a determination that a failure to construct any of its wells within the period of time specified in the well permit not be deemed to extinguish the underlying water rights. The Applicant also requests a determination that at such time as it is prepared to drill its wells, the State Engineer shall issue new well permits to replace any well permits that have expired and that said well permits be issued in accordance with the terms of the decree herein.
C. Location of Future Wells:
Applicant seeks the right to locate the future wells at any suitable location within those parts of Adams County annexed to the City of Aurora after January 1, 1985 (the “Subject Portion of the City of Aurora”) as more fully described in Exhibit A, attached hereto and incorporated herein by this reference, so long as the wells are at least 600 feet away from any other existing well in the same aquifer owned by another person or entity; however, the future wells may be located closer than 600 feet from any other existing wells in the same aquifer owned by another person or entity if, pursuant to C.R.S. § 37-90-137(2)(b)(I), the State Engineer, after hearing, finds circumstances warrant issuance of a permit and issues a permit for the wells. Applicant waives the 600-foot spacing requirement of C.R.S. § 37-90-137(2) within the Subject Portion of the City of Aurora. The Subject Portion of the City of Aurora consists of approximately 22,108.36 acres located in all or portions of Sections 2, 3, 10, 11, 12, 13, 22, 24 and 36, T3N, R66W, 6th P.M., Sections 1, 2, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T3N, R65W, 6th P.M., and Sections 8, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, T3S, R64W, 6th P.M. in Adams County, Colorado. A map showing the current corporate limits of the City of Aurora and highlighting those parts of Adams County annexed to the City of Aurora after January 1, 1985 is attached hereto as Exhibit B.
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4. Source of Water Rights and Estimated Aquifer Depths:
A. Source:
1. Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available nontributary ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 21,639.51 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, (2) underlying 21,686.59 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, and underlying 22,108.36 acres within the Subject Portion of the City of Aurora contained in the Laramie-Fox Hills Aquifer, as illustrated Exhibit C, attached hereto, and that such water is “nontributary ground water” as defined in C. R. S. § 37-90-103(10.5).
2. Not Nontributary Ground Water:
Applicant seeks a determination of its right to perfect its ownership, appropriate and withdraw all of the legally available not nontributary ground water in the Denver, Upper Arapahoe and Lower Arapahoe Aquifers underlying the Subject Portion of the City of Aurora. Applicant asserts that it has the right to withdraw the ground water: (1) underlying 21,969.40 acres within the Subject Portion of the City of Aurora contained in the Denver Aquifer, (2) underlying 354.17 acres within the Subject Portion of the City of Aurora contained in the Upper Arapahoe Aquifer, and (3) underlying 421.83 acres within the Subject Portion of the City of Aurora contained in the Lower Arapahoe Aquifer, as illustrated in Exhibit C, and that such water is “not nontributary ground water” as defined in C. R. S. § 37-90-103(10.7). Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others.
B. Estimated Maximum Depth:
Denver Aquifer: 896.88 feet
Upper Arapahoe Aquifer: 1,120.42 feet
Lower Arapahoe Aquifer: 1,489.63 feet
Laramie-Fox Hills Aquifer: 2,056.17 feet.
The above estimated maximum depths are approximate and may vary according to the actual aquifer picks, topographical locations of wells, and saturated thickness of the aquifer. These parameters, as well as specific yield, will be determined in accordance with site-specific geophysical evidence.
5. Average Annual Amount Claimed from the Aquifers:
A. The Applicant claims herein the right to perfect its ownership, appropriate and withdraw all of the nontributary and not nontributary ground water which is legally available from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora over the 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) and to withdraw said amounts at whatever rate is required in order to do so and as and when the water is needed during the course of any year. For purposes of the decree herein, Applicant will utilize a nominal production rate of 500 gallons per minute per well. Applicant requests the right to pump its wells at rates in excess of the nominal production rate to the extent necessary to withdraw the total number of acre feet which Applicant is entitled to withdraw from the aquifers each year. December Resume -169-
B. To estimate the amount of ground water available for withdrawal from these aquifers, Applicant has utilized its own hydrologic data as well as hydrologic data available from the State Engineer, including the Denver Basin Rules, 2 CCR 402-6. By use of this data, Applicant estimates that it can economically recover and is entitled to withdraw the following quantities from each aquifer on an annual basis:
Aquifer Specific Nontributary Not Not Total Nontributary Nontributary Yield /1 (acre feet) (acre feet) /2 (acre feet) /3
Denver 17.0% 1,564.57 3,769.13 5,333.70
Upper Arapahoe 17.0% 3,693.74 110.57 3,804.31
Lower Arapahoe 17.0% 2,377.92 69.14 2,447.06
Laramie-Fox 15.0% 2,263.81 2,263.81 Hills
Total 8,335.47 1,744.28 3,769.13 13,848.88
18. Specific yield values derived from the Denver Basin Rules, 2 CCR 402-6, Rule 6.
19. More than one mile from any point of contact with any natural stream including its alluvium.
20. One mile or less from any point of contact with any natural stream including its alluvium.
6. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use:
Applicant contends that the prior-appropriation doctrine does not apply to ground water rights to be determined herein. Applicant requests the Court to determine that to the extent that the ground water involved herein has not been diverted and applied to beneficial use, that Applicant’s rights thereto are vested property rights and not conditional water rights subject to the requirements of findings of reasonable diligence. If it is determined that some or all of the ground water subject hereto is subject to the appropriation doctrine and/or must be decreed as conditional water rights, for the ground water underlying the Subject Portion of the City of Aurora, Applicant claims an appropriation date of December 17, 2001, the date the City Council of the City of Aurora, inter alia, formed intent, by Resolution R 2001-83 , approving and authorizing the filing of this Application.
7. Proposed Use of Water:
Applicant intends to use all ground water withdrawn from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers that is the subject of this Application in a unified water supply system to be used, reused, successively used, and after use leased, sold or otherwise disposed of to extinction for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves and any other beneficial purpose either inside or outside the current or future corporate limits of the City of Aurora. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange December Resume -170-
purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including, without limitation, taking credit for return flows resulting from the use of said water as a source of augmentation water.
8. Description of Overlying Lands:
See Paragraph 3.C., herein, and Exhibit A, attached hereto. The owners of lands within the Subject Portion of the City of Aurora specifically consented to withdrawal of ground water underlying their land by the Applicant pursuant to various Annexation Agreements with the Applicant adopted by Ordinances of the City Council of the City of Aurora. All Annexation Agreements and Ordinances adopting said Annexation Agreements are available for inspection by appointment at the following locations:
Duncan, Ostrander & Dingess, P.C. John M. Dingess, Special Counsel for the City of Aurora 7800 East Union Avenue, Suite 550 Denver, Colorado 80237 Telephone: 303.779.0200
City of Aurora Municipal Records Lisa Horton, Clerk 1450 South Havana Street Aurora, Colorado 80012 Telephone: 303.739.7074
The Annexation Agreements are also available for public inspection at:
Adams County Clerk and Recorder 450 South 4th Avenue Brighton, Colorado 80601
9. Remarks:
A. Prior to entry of the decree herein, Applicant will supplement this Application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this Application, a determination as to the facts of this Application.
B. The annual withdrawal of the amount of ground water applied for herein, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right.
C. The wells completed into nontributary portions of the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers will not, within 100 years, deplete the flow of a natural stream, including a natural stream as defined in C.R.S. § 37-82-101(2) and 37-92-101(2), at an annual rate greater than one- tenth of one percent of the annual rate of withdrawal
D. Applicant shall relinquish the right to consume up to two percent of all nontributary ground water withdrawn from any future wells adjudicated under this Application, as required by C.R.S. § 37-90-137(9)(b) and the Denver Basin Rules, 2CCR 406-2, Rule 8. Applicant shall not withdraw any not nontributary ground water until after it obtains a judicially approved plan for augmentation that shall require such replacement as necessary under C.R.S. § 37-90-137(9)(c) to prevent injurious effects to the vested water rights of others. For not nontributary ground water withdrawn from the Denver, Upper Arapahoe and Lower Arapahoe Aquifers more than one mile from any point of contact with any natural stream, including its alluvium, as shown on the table in Paragraph 5.B., above, said plan for augmentation shall require replacement of ground water equal to four percent (4%) of the amount of water withdrawn on an annual basis. December Resume -171-
E. Each of the future nontributary wells is sought as a point of diversion for all of the nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer. Each of the future not nontributary wells is sought as a point of diversion for all of the not nontributary ground water decreed herein from the aquifer into which such well is completed and Applicant claims the right to pump such wells at any rate as may be necessary to withdraw the maximum amount of ground water decreed to be available to the Applicant from each such aquifer.
F. Applicant may need to construct additional wells, including supplemental, replacement or alternate point of diversion wells, to recover the maximum amount of water available to it from each aquifer. Applicant requests the right to construct such additional wells as necessary in order to maintain production of the amounts of water to which it is entitled.
G. Applicant requests that all of the wells constructed in one aquifer, plus any additional wells constructed in that same aquifer, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14. The pumping rates for each well shall be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the maximum acre-foot entitlement from each aquifer.
H. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of ground water in excess of the amount decreed for average annual withdrawal from that aquifer, so long as the sum of the total volume of water withdrawn from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of a decree herein, whichever occurs first, times the average annual amount of withdrawal which Applicant is entitled to withdraw from that aquifer.
I. Applicant requests this Court to order that the standards of C.R.S. § 37-90-137(4) be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the standards of C.R.S. § 37-90-137(10).
J. Applicant requests this Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefore not be deemed to extinguish the underlying right to ground water. Applicant further requests the Court to order that, at such times as Applicant is prepared to drill its wells, the State Engineer shall issue permits for the wells in accordance with the terms of the decree herein and to issue new well permits for any wells which have expired.
K. Applicant requests that the Court retain jurisdiction only for adjustment of the amounts of ground water which are available for withdrawal by Applicant from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Portion of the City of Aurora based on actual local aquifer characteristics, and to authorize Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, without the necessity of amending this Application or republishing the same. WHEREFORE, Applicant, City of Aurora, acting by and through its Utility Enterprise, prays that this Court enter a decree:
1. Granting the Application herein and awarding the water rights claimed herein as final, absolute and perfected water rights, except as to those issues for which jurisdiction of the Court has been specifically retained.
2. Specifically determining:
A. That this Court has jurisdiction to determine the water rights requested herein pursuant to C.R.S. § 37-90-137(6).
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B. That Applicant has complied with C.R.S. § 37-90-137(4) and the water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified in Paragraph 5 herein to provide for adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled within the Subject Portion of the City of Aurora, pursuant to C.R.S. § 37-92- 305(11).
C. That the sources of supply for the water rights claimed herein are the ground waters in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers.
D. That vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein.
3. Retaining jurisdiction only for the purpose of finally determining the quantity of ground water to which the Applicant is legally entitled from each aquifer and providing that Applicant may at any time invoke the Court’s retained jurisdiction to obtain a final determination of the water rights granted by a factual showing of the quantity of the entitlement.
4. Finding that:
A. The nature and extent of the water rights applied for herein are governed by C.R.S. §§ 37-90-137(4) and (9)(c), and that the decreed withdrawals are based on an aquifer life of 100 years and based upon the quantity of water, exclusive of artificial recharge, underlying the Subject Portion of the City of Aurora.
B. Applicant may construct additional wells as required to recover the entire allowed annual appropriation under the provisions of C.R.S. § 37-90-137(10).
C. Any wells constructed into the same aquifer, along with any additional wells into such aquifer within the Subject Portion of the City of Aurora as described in Paragraphs 3.C and 8, shall constitute a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, Rule 4.A.13 and Rule 14, and as such, Applicant may withdraw the maximum annual amount of water decreed and confirmed under this Application through any one or any combination of wells in the same aquifer, and that the pumping rate for each well constructed in the same aquifer may exceed its nominal pumping rate in order to allow the withdrawal of the full cumulative amount from each aquifer.
D. For each aquifer, Applicant may withdraw water through wells in the same aquifer plus any additional wells in the same aquifer, an amount of ground water in excess of the total allowed average annual amount of withdrawal as long as the total volume of water withdrawn through the wells in each aquifer does not exceed the product of the number of years since the date of issuance of the well permit or permits or entry of a decree herein, whichever occurs first, times the total allowed average annual amount of withdrawal for each aquifer.
E. Declaring that, in accordance with C.R. S. § 37-90-137(9)(c), no findings of reasonable diligence are required to maintain the quantification of water applied for herein and that Applicant may proceed to develop and use the quantification of water applied for herein at such times as the Applicant deems appropriate for the nontributary ground waters, and at such time as the Applicant obtains a court approved plan for augmentation for the not nontributary ground waters.
FURTHER, the Applicant prays that this Court grant such other relief as it deems appropriate. (10 Pages; Exhibits 5 pages)
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EXHIBIT A
Those Parts of Adams County, Colorado Annexed to the City of Aurora After January 1, 1985
TN3S, R66W
SW ¼, sec. 2
SE ¼, sec. 3 S ½, NE ¼, sec. 3
SE ¼, sec. 10
Sec. 11
SW ¼, sec. 12 S ½, NW ¼, sec. 12 NW ¼, NW ¼, sec. 12 E ½, NE ¼, NW ¼, sec. 12 S ½, SW ¼, NE ¼, NW ¼, sec. 12
W ½, sec. 13 SE ¼, SE ¼, sec. 13 NE ¼, SE ¼, sec. 13 NW ¼, SE ¼, sec. 13
S ½, sec. 24 NW ¼, sec. 24 E ½, NE ¼, sec. 24 N ½, NW ¼, NE ¼, sec. 24
Portions of S ½, SW ¼, sec. 22 that lies within Adams County
Portions of sec. 36 that lie N of the Union Pacific RR or N of Int. HWY 70
TN3S, R65W
All of section 1 excluding W ½, NW ¼, NW ¼, and N ½, NW ¼, SW ¼, NW ¼
S ½, sec. 2 S ½, SW ¼, NE ¼, sec. 2 S ½, SE ¼, NE ¼, sec. 2 S ½, N ½, SW ¼ NE ¼, sec. 2 S ½, N ½, SE ¼, NE ¼, sec. 2 S ½, SE ¼, NW ¼, sec. 2 S ½, SW ¼, NW ¼, sec. 2 S ½ N ½, SE ¼, NW ¼, sec. 2 S ½, N ½, SW ¼, NW ¼, sec. 2
SE ¼, sec. 8
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W ½, W ½, NW ¼, SW ¼, sec. 9 W ½, W ½, SW ¼, SW ¼, sec. 9
Secs. 11, 13, 15, 16, 17
N ½ , sec. 18 SW ¼, sec. 18
N ½, NE ¼, sec. 14 N ½, NW ¼, sec. 14 SW ¼, NW ¼, sec. 14 W ½, SW ¼, sec. 14
All of section 19 excluding NE ¼, SW ¼
Secs. 20, 21, 22, 23
All of section 24 excluding W ½, SW ¼ S ½, S ½, SW ¼, NW ¼
Secs. 25, 26, 27, 28, 29
N ½, NE ¼, sec. 30 N ½, NW ¼, sec. 30
Portion of sec. 31 that lies N of Int. Hwy 70 and S of the Union Pacific RR excluding E ½, SE ¼, and E ½, E ½, NW ¼, SE ¼, and E ½, E ½, SW ¼, SE ¼ Portion of sec. 31 that lies N of Union Pacific RR excluding NW ¼, NW ¼, NW ¼
W ½, NE ¼, sec. 32 NE ¼, NE ¼, sec. 32 N ½, SE ¼, NE ¼, sec. 32 N ½, N ½, NW ¼, SE ¼, sec. 32 Portion of SE ¼, SE ¼, sec. 32 that lies N. of Int. Hwy 70 Portion of E ½, W ½, SE ¼, sec. 32 that lies N. of Int. Hwy 70 and S of Union Pacific RR Portion of S ½, NE ¼, SE ¼, sec. 32 that lies S. of Union Pacific RR
All of sec. 33 that lies N of Int. Hwy 70, S and N of Union Pacific RR
All of sec. 34 that lies N of Union Pacific RR excluding E ½, E ½, NE ¼
All of sec. 35 that lies N of Route 36, S and N of Union Pacific RR
NW ¼, sec. 36
TN3S, R64W
W ½, sec. 8 excluding S ½, SW ¼, SW ¼, SW ¼, and W ½, SE ¼, SW ¼, SW ¼
NE ¼, sec. 18
SE ¼, sec. 17
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S ½, SW ¼, sec. 16 S ½, SE ¼, sec. 16
W ½, sec. 21
W ½, sec. 20
W ½, sec. 19 SW ¼, NE ¼, sec. 19
N ½, sec. 28 SW ¼, sec. 28
NW ¼, sec. 29 NW ¼, SW ¼, sec. 29 NE ¼, SW ¼, sec. 29 SW ¼, SW ¼, sec. 29
NE ¼, NE ¼, sec. 30 SW ¼, NE ¼, sec. 30 SE ¼, NE ¼, sec. 30 NE ¼, SE ¼, sec. 30 NW ¼, SE ¼, sec. 30 NW ¼, NW ¼, sec. 30 SW ¼, NW ¼, sec. 30 SE ¼, NW ¼, sec. 30 NE ¼, SW ¼, sec. 30 NW ¼, SW ¼, sec. 30 SE ¼, SW ¼, sec. 30
E ½, SE ¼, NW ¼, sec. 31
Portion of sec. 31 S of Route 36, N of Int. Hwy 70, and E of 70 loop.
Portion of N ½, sec. 32 that is N and S of Route 36
Portion of sec. 33 that is N of Int. Hwy 70 and S of Route 36, and N of Route 36
EXCLUSIONS:
Denver Aquifer:
Radius of 1049 feet from well 44483 at SW OF THE SW OF T3S, R66W, SECTION 22 Radius of 1475 feet from well W-5895 at SE OF THE SE OF T3S, R66W, SECTION 3 Radius of 500 feet from well 16229-F at NE OF THE SW OF T3S, R64W, SECTION 31
Upper Arapahoe Aquifer:
Radius of 424 feet from well 16229-F at NE OF THE SW OF T3S, R64W, SECTION 31 Radius of 1179 feet from well 44483 at SW OF THE SW OF T3S, R66W, SECTION 22 Radius of 1277 feet from well W-5895 at SE OF THE SE OF T3S, R66W, SECTION 3
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2001CW303 Hessler Farms, Inc., a Colorado corporation and wholly owned subsidiary of Smart Brothers, Inc., a Colorado corporation c/o Carson Wade Smart, Secretary 3252 County Road 31 Atwood, CO 80722 Telephone: (970) 521-0857 (c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027 303- 666-4060) APPLICATION FOR ABSOLUTE TRIBUTARY UNDERGROUND WATER RIGHTS, FOR CHANGES OF WATER RIGHTS WITH RESPECT TO EXISTING ABSOLUTE RECHARGE RIGHTS, FOR ABSOLUTE AND CONDITIONAL RECHARGE RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE In the South Platte River and its Tributaries In Logan County 1.Name and address of applicant:FIRST CLAIM FOR RELIEF TRIBUTARY UNDERGROUND WATER RIGHTS 2. Names, Permit Numbers and Stream Depletion Factor (SDF) values for the wells: Name Permit Number SDF Value (Days) A. Smart North Barn Well Unregistered 270 B. Smart Lightpole Well 111290-A 290 C. Smart South Well Unregistered 390
3. Legal descriptions of the wells: All three (3) stock water (feedlot) wells are located in Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, more particularly as follows: A. Smart North Barn Well is located in the NE 1/4 SW 1/4 of Section 15, 1,760 feet from the South line and 1,760 feet from the West line. B. Smart Lightpole Well No. 111290-A is located in the NE 1/4 SW 1/4 of Section 15, 1,440 feet from the South line and 1,805 feet from the West line. The permitted location is in error, but is stated as follows: In the SE 1/4 SW 1/4 of Section 15, 1,208 feet from the South line and 1,638 feet from the West line. C. Smart South Well is located in the SW 1/4 SE 1/4 of Section 15, 910 feet from the South line and 2,645 feet from the West line. 4. Source: Tributary groundwater in the alluvium of the South Platte River (for all wells). A. Depth: 60 feet for Smart Lightpole Well No. 111290-A. 85 feet (estimated) for the other wells. 5. A. Date of appropriation: Spring, 1946 for Smart Lightpole Well No. 111290-A. 1940 for the other wells. B. Date water applied to beneficial use: Spring, 1946 for Smart Lightpole Well No. 111290-A. 1950 for the other wells. C. How appropriations were initiated: By constructing the wells, diverting the water and applying the water to beneficial use for stock watering purposes. 6. Amount of water claimed: 0.111 cubic feet per second (50 gallons per minute), ABSOLUTE, for each well. 7. Use of the water: Stock watering. SECOND CLAIM FOR RELIEF ABSOLUTE AND CONDITIONAL RECHARGE WATER RIGHTS 8.Name of structure for which decree is sought: Hessler Farms Recharge System 9.General description of System: The point of diversion is the headgate of the South Platte Ditch, located on the South bank of the South Platte River in former Water District No. 64 in the SW 1/4 of Section 8, Township 5 North, Range 54 West of the 6th P.M., Logan County, Colorado. Hessler Pond No. 1 is located in the W ½ of the NW 1/4 of Section 14, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Applicant has constructed a connecting ditch from the Smart recharge reservoirs decreed in Case No. W-8686-77, around an existing center pivot sprinkler, to Hessler Pond No. 1, allowing recharge water from the South Platte Ditch to be delivered to said pond. 10. Description of priorities claimed herein for the Hessler Farms Recharge System: A. Recharge right. Amount and date: 3,000 acre feet per year, with an appropriation date of April 29, 1998. The amount of 976.5 acre feet is claimed absolute based on recharge in Water Year 1999, and the remaining 2,023.5 acre feet is claimed conditional. The maximum rate of diversion at the South Platte Ditch headgate is 15 cubic feet per second. B. Exchange right. Amount and date: Applicant claims an appropriative right of substitution and exchange under C.R.S. §37-80- 120(4) in the amount of 3,000 acre feet per year, conditional, with an appropriation date of April 29, 1998. The maximum rate of diversion at the South Platte Ditch headgate is 15 cubic feet per second. The exchange reach is described in the Fourth Claim for Relief (Plan for Augmentation), and is depicted on attached Exhibit “A”. C. Uses: Irrigation, stock watering, recharge, augmentation, substitution, exchange and replacement purposes. This recharge right will be used first as augmentation water in the plan for augmentation filed herein. Any surplus water will be used as supplemental augmentation water for Case No. W-8686-77, owned and operated by Smart Brothers, Inc. If at any time there is surplus water beyond the immediate needs of both plans, excess water may be leased to third parties under decreed plans for augmentation or
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under Substitute Water Supply Plans approved by the State Engineer. Applicant claims the right to use, reuse and make successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by sale or exchange. THIRD CLAIM FOR RELIEF CHANGES OF WATER RIGHTS FOR EXISTING HESSLER RECHARGE RIGHTS 11. Changes of Water Rights. A. Summary of currently adjudicated recharge rights for Hessler Pond No. 1 to be changed in this proceeding: Hessler Farms Decreed Recharge Rights Decree Appropriation Case No. Date Date Amount (AF) Status
W-8106-75 12-07-1978 12-31-1975 300 Absolute W-8106-79 05-16-1980 12-31-1975 836 Absolute 84CW125 12-12-1984 06-04-1979 1,058 Absolute TOTAL 2,194
B. Change in point of diversion: The currently decreed point of diversion is the headgate of the Davis Brothers Ditch, located on the South bank of the South Platte River in former Water District No. 64 in the NW 1/4 of Section 25, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. The new point of diversion is the headgate of the South Platte Ditch, described above in the Second Claim for Relief. C. Nature of proposed changes: The decreed recharge rights will be used first as augmentation water in the plan for augmentation filed herein. Any surplus water will be used as supplemental augmentation water for Case No. W-8686-77, decreed on April 29, 1987. That plan for augmentation is now owned and operated by Smart Brothers, Inc., the parent corporation of Hessler Farms, Inc. The two recharge plans are on contiguous property, under the same management and will be operated in concert with one another to maximize augmentation benefits. If at any time there is surplus water beyond the immediate needs of both plans, excess water may be leased to third parties under decreed plans for augmentation or under Substitute Water Supply Plans approved by the State Engineer. Under applicant’s current contract with the South Platte Ditch Company, some percentage of the recharge benefit from each plan may be assigned to the ditch company in consideration of carrying the recharge water to applicant’s decreed recharge ponds. FOURTH CLAIM FOR RELIEF PLAN FOR AUGMENTATION AND EXCHANGE 12. The Hessler Farms Recharge System is located on the South side of the South Platte River in Logan County, Colorado. It consists of the South Platte Ditch, owned by the South Platte Ditch Company, and a recharge pond and four alluvial wells owned by applicant. The structures are generally described as follows (All structures are located in either Township 5 North or 6 North and either Range 53 West or Range 54 West of the 6th P.M., Logan County, Colorado): Hessler Farms Recharge System
Owner's SDF Diversion Irrigated Designation Permit No. Days Rate (cfs) Acres Location of Structure
South Platte Ditch N/A 0 15.00 N/A SW 1/4, 8-5-54
Hessler Pond No. 1 None 410 15.00 N/A W1/2 NW1/4, 14-6-53
Well No. 1 50355-F 245 4.45 170 NW/4 NE1/4, 15-6-53 (4466-F) Well No. 2 R14137RR 310 3.49 140 NE1/4 NE1/4, 15-6-53
Well No. 3 R6342RF 290 2.67 170 NE1/4 SE1/4, 10-6-53
Well No. 4 5801RR 170 3.49 85 SW1/4 NW1/4, 15-6-53
B. The above-described facilities are depicted on Exhibit “A” attached hereto and incorporated herein by this reference. Hessler Ponds No. 2 and 3, originally described in Case No. W-8106- 75, have not been constructed. 13. Description of previously adjudicated water rights:
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A. Hessler Wells No. 1-4 were adjudicated in Case No. W-687, Water Division No. 1, wherein a decree was entered on February 1, 1973. A second decree in said case was entered on June 21, 1974, adjudicating the four wells as alternate points of diversion for the 37 shares of Davis Brothers Ditch stock described herein, and limiting irrigation to 200 acres of land. Applicant intends that once the plan for augmentation herein is decreed, it will supercede the prior alternate point of diversion decree in Case No. W-687. 14.Plan for Augmentation and exchange: A. Applicant owns the Hessler Recharge Pond No. 1 which was constructed and adjudicated in connection with Case No. W-8106, Water Division No. 1. However, subsequent to that decree, the Davis Brothers Ditch Company was dissolved and use of the Davis Brothers Ditch to divert water from the South Platte River has been discontinued. Applicant has an Agreement with the South Platte Ditch Company for use of the South Platte Ditch to divert and carry recharge water for both the Smart Recharge System, decreed in Case No. W-8686-77, Water Division No. 1, and for the Hessler Recharge System described herein. Applicant has been operating the within plan since 1998 under a series of Substitute Water Supply Plans approved by the State Engineer. B. Depletions from the use of applicant’s four (4) irrigation wells which were adjudicated in Case No. W-687, Water Division No. l, will be replaced first by the recharge water rights described in the Second and Third Claims for Relief herein. To the extent there is surplus recharge water available in any month, applicant shall use said water as additional replacement water under the decreed plan for augmentation in Case No. W-8686-77, application of Smart Brothers, Inc. If at any time there is surplus water beyond the immediate needs of both plans, excess water may be leased to third parties under decreed plans for augmentation or under Substitute Water Supply Plans approved by the State Engineer. C. Well No. 1 is used for flood irrigation and Wells 2, 3 and 4 are used for center pivot sprinkler irrigation. The Hessler Recharge Pond may be enlarged or otherwise modified from time to time as necessary to operate the recharge and augmentation plan. Further, additional recharge ponds may be constructed on applicant’s property. Said system will be used to divert water from the South Platte River for recharge into the underlying alluvial aquifer. That water will be used for replacement purposes as described above. D. Applicant seeks a decree confirming its absolute and conditional recharge appropriations. Further applicant requests a determination that the augmentation and exchange plan can be operated without material injury to the vested rights of others and fordeterminations with respect to the court’s retained jurisdiction. E. Plan methodologies include use of the Stream Depletion Factor Method (SDF) developed by the U. S. Geological Survey (C.T. Jenkins) and a digital computer program based upon the SDF method for calculating depletions and accretions. The SDF values for each of the recharge sites and wells have been and will be determined from the U. S. Geological Survey Publication entitled “Hydrogeologic Characteristics of the Valley Fill Aquifer in the Sterling Reach of the South Platte River Valley, Colorado”. Current values are set forth above. The applicant reserves the right to propose different stream depletion factors during the proceedings in this case. The plan will also utilize the Modified Blaney-Criddle method for calculating consumptive use of applied irrigation water unless another method is ordered by the Water Court in this proceeding or is later ordered pursuant to proceedings under the Water Court’s retained jurisdiction. F. Additional plan methodologies, subject to approval by the Water Court, are as follows: (1) The total well consumptive use each month shall be the potential consumptive use as estimated by the Modified Blaney-Criddle method. If the irrigation water is applied by center pivot sprinkler, the potential consumptive use so determined shall be increased by 10% to account for spray evaporation losses. (2) In all instances the net consumptive use of the crops as determined by the methodology describe above shall be considered to be a depletion at the specific well and the SDF methodology shall be applied to determine the timing and amount of depletions to the South Platte River. (3) In all instances the Modified Blaney- Criddle method shall be used as described in U.S.D.A. Soil Conservation Service Technical Release No. 21. (4) With respect to the three (3) stock water (feedlot) wells described in the First Claim for Relief, to the extent they are used for non-exempt uses, the wells will be metered and, for purposes of this plan, it shall be assumed that all pumping is 100% consumptive. Delayed depletions shall be determined by the SDF methodology for said stock water (feedlot) wells. Out- of-priority depletions from said wells shall be replaced pursuant to the plan for augmentation herein. (5) A flume approved by the Division Engineer will record in-flows to the recharge pond(s). Net evaporation based on pond surface area and evaporation rates from a local weather station will be subtracted from measured in-flows to compute net recharge. The SDF methodology shall be used to determine delayed accretions to the South Platte River.
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G. Applicant’s exchange reach is on the South Platte River and in its alluvium from the headgate of the South Platte Ditch (described above) on the upstream terminus to the North line of Section 25, Township 7 North, Range 53 West of the 6th P.M. on the downstream terminus. The exchange reach is depicted on attached Exhibit “A”. H. As a practical matter, complete control of the timing of accretions and depletions caused by applicant’s pumping and recharge activities is not possible. In some years pumping may have to be curtailed in anticipation of out-of-priority depletions which would otherwise be caused at a later time and which applicant would not have the ability to replace from this or other sources of augmentation. In other years, the recharge program may in fact overcompensate the South Platte River during certain periods. To the extent that such overcompensation occurs, applicant’s plan includes the recapture of excess accretions by making additional diversions at the South Platte Ditch headgate, to the extent there is capacity available after diversion of more senior decrees in said ditch, or by substituting or exchanging such water to other water users in the area. In this manner, applicant may implement its claims to use, reuse and make successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by exchange. I. Source of water for all claims: South Platte River and the alluvial aquifer of the South Platte River. J. Uses and proposed uses for all claims: Irrigation and stock watering. K. Davis Brothers Ditch water to be used for augmentation purposes: Applicant owns 37 of the 210 shares of stock issued by the Davis Brothers Ditch Company. The decreed point of diversion for said ditch is located on the South bank of the South Platte River in former Water District No. 64 in the NW 1/4 of Section 25, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. The mutual ditch company has been dissolved and the water rights have been or will be deeded to the respective shareholders. Applicant’s ownership interest is sometimes referred to in shares for ease of reference. Said water rights have been used to irrigate the same land decreed for irrigation by applicant’s four irrigation wells (Permit Nos. 4466-F, 14137, R6342RF and 5801). Applicant’s ownership interest in the respective direct flow priorities adjudicated in the Logan County District Court is summarized as follows:
Davis Brothers Ditch Priorities
DITCH APPLICANT’S PRO APPROPRIATION ADJUDICATIONCIVIL AMOUNT (CFS) RATA INTEREST(CFS) DATE DATE ACTION
2.00 0.352 04-10-1874 05-29-1897 547 3.00 0.529 12-01-1890 05-29-1897 547 20.00 3.524 09-20-1894 11-10-1897 547 102.00 17.971 05-25-1903 04-23-1910 1234
Applicant intends to use the Davis Brothers water for augmentation, replacement and exchange by leaving said water in the South Platte River and taking credit for applicant’s pro rata ownership interest. Consistent with determinations in other cases, applicant proposes that the Division Engineer or his designee determine the amount of water available to the 37 shares of Davis Brothers Ditch owned by applicant each month using the State Engineer’s call records to determine the days each month that the Davis Brothers Ditch was in priority during that month. Applicant shall be entitled to 37/210th interest in the yield of each Davis Brothers decree that is in priority. Applicant’s Davis Brothers Ditch shares shall not, however, receive credit for amounts which exceed the lesser of 3.5 cubic feet per second per day or the following monthly volumetric limits (measured on a five (5) year rolling average) which are based on approvals by the Division Engineer’s Office in other pending or decreed cases. The augmentation credit for applicant’s Davis Brothers Ditch shares shall take in to account historical return flows and such augmentation/consumptive use credit shall be 55% of applicant’s pro rata diversion entitlement as determined by the above methodology.
Monthly Average Limit MONTH (Acre Feet)
January 0 February 0 March 0.74
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April 24.51 May 57.79 June 63.50 July 89.17 August 80.75 September 57.26 October 12.14 November 3.93 December 0 Total 389.79
L. Prewitt Reservoir (Logan Irrigation District) water to be used for augmentation purposes: Applicant also owns 261.1 acre rights in Prewitt Reservoir (Logan Irrigation District) which will be used for augmentation, replacement and exchange in this plan. Prewitt Reservoir priorities adjudicated in the Weld County District Court are as follows: Prewitt Reservoir Priorities M. APPROPRIATION ADJUDICATION CIVIL AMOUNT (AF) DATE DATE ACTION 32,300 05-25-1910 01-15-1914 N/A 34,960 (REFILL) 12-31-1929 10-18-1965 16704
Said reservoir water shall be released, at the direction of the Division Engineer or his designee, from Prewitt Reservoir to augment any remaining out-of-priority depletions from applicant’s wells and to maintain historical Prewitt return flows during times of river calls. Applicant’s credit toward out-of-priority well depletion replacement shall be 60% of the Prewitt Reservoir releases or other percentage as determined by the Division Engineer or Water Court. 15. Names and addresses of owners of land on which structures are located or are to be located: A. The South Platte Ditch diversion dam, headgate and ditch structure are owned by the South Platte Ditch Company, c/o Charles Bartlett, Secretary, Route 1 - Box 106, Merino, Colorado 80741. Applicant has a written Agreement with the South Platte Ditch Company to use the ditch for the purposes described herein. B. All other existing and proposed structures are located on land owned by the applicant. 16. Remarks. A. Applicant reserves the right to supplement the information regarding the deliveries of water to recharge sites during the pendency of the proceedings in this case, to offer evidence of amounts applied to beneficial use and to request the Water Court to enter an absolute decree in the full amount of the conditional claims set forth in this application, based upon the evidence which continues to develop from on-going operations. B. Exhibit “B” attached hereto is the General Location Map from the decree in Case No. W-8686-77. It depicts the locations of use of water under than plan. Augmentation supplies from the plan filed herein will be used as supplemental augmentation supplies under the W-8686-77 plan. C. Exhibit “C” attached hereto includes diversion records for the Hessler Farms Recharge System.
2001CW304 CLYDE ROY AND CAROLYN ROY. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE NONTRIBUTARY LOWER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS , IN ADAMS COUNTY. 1. Name, address, telephone number of applicants: Clyde Roy & Carolyn Roy, 14951 East 112th Avenue, Brighton, Colorado 80603, Telephone (303) 287-6484 (Alan G. Hill, Esq., Tienken & Hill, L.L.P., 726 Front Street, Suite B, Louisville, Colorado, 80027 (303) 673-9373). 2. Name and legal description of well in Laramie-Fox Hills nontributary aquifer: The well which will withdraw groundwater from the nontributary Laramie-Fox Hills aquifer will be located at any location on approximately 5 acres of land in the SE 1/4 of Section 6, Township 2 South, Range 66 West of the 6th P.M., in Adams County, Colorado, described as that part of Lot 1, B-GIN-A-GIN Subdivision, as amended, beginning at the SE corner of said Section 6, thence South 90Ε00'00" West a distance of 955 feet; thence South 1Ε15'00" East a distance of 30 feet to the POINT of BEGINNING; thence South 90Ε00'00" West a distance of 470.00 feet; thence North 1Ε15'00" East a distance of 482 feet; thence North 90Ε00'00" East a distance of 470 feet; thence South 1Ε15'00" West a distance of 482 feet to the TRUE POINT OF BEGINNING (“Subject Property”). Source: That portion of the nontributary Laramie-Fox Hills aquifer underlying the Subject Property. Full penetration of the Laramie-Fox Hills aquifer, estimated to be approximately 1,350 feet. Date of appropriation: N/A. Amount Claimed: 15 gallons per minute. Applicants request the right to add additional
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wells at any location within the Subject Property. 3. Applicants are the owners of the Subject Property overlying the nontributary Laramie-Fox Hills groundwater claimed herein. Applicants request that this court determine that applicants have the right to withdraw and use all of the unappropriated water lying below the Subject Property in the Laramie-Fox Hills aquifer. 4. The best data currently available indicates that applicants can recover a maximum of 116.0 acre feet from the Laramie-Fox Hills aquifer, with an annual maximum of 1.16 acre feet, based upon the hydrogeology of the aquifer and applicants’ legal entitlement to all nontributary water in the Laramie-Fox Hills aquifer underlying the Subject Property. 5. Name and legal description of well in Lower Arapahoe nontributary aquifer: The well which will withdraw groundwater from the nontributary Lower Arapahoe aquifer will be located at any location on the Subject Property. Source: That portion of the nontributary Lower Arapahoe aquifer underlying the Subject Property. Full penetration of the Arapahoe aquifer, estimated to be approximately 720 feet. Date of appropriation: N/A. Amount Claimed: 15 gallons per minute. Applicants request the right to add additional wells at any location within the Subject Property. 6. Applicants are the owners of the Subject Property overlying the nontributary Lower Arapahoe groundwater claimed herein. Applicants request that this court determine that applicants have the right to withdraw and use all of the unappropriated water lying below the Subject Property in the Lower Arapahoe aquifer. 7. The best data currently available indicates that applicants can recover a maximum of 99.0 acre feet from the Lower Arapahoe aquifer, with an annual maximum of 0.99 acre feet, based upon the hydrogeology of the aquifer and applicants’ legal entitlement to all nontributary water in the Lower Arapahoe aquifer underlying the Subject Property. 8. Applicants request that all of the wells in one aquifer, including any additional wells in that aquifer shall be designated as a well field as defined by Statewide Nontributary Ground Water Rule 14, 2 CCR 402_7, and that the pumping rates for each well be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the full acre foot allocation of water from the Laramie-Fox Hills and Lower Arapahoe aquifers. 9. Applicants request the right to revise the estimate of available groundwater, based on new data made available, without the necessity of amending this application or republishing. Applicants may need to construct additional or replacement wells to recover the entire decreed amount of water in the Laramie-Fox Hills and Lower Arapahoe aquifers. Applicants request the right to construct such additional or replacement wells as are necessary in order to maintain production levels. 10. The annual withdrawal amounts for the Laramie-Fox Hills and Lower Arapahoe aquifers, set forth above, were calculated based upon an aquifer life of 100 years in accordance with C.R.S. § 37_90-137(4)(b)(I) and equal one percent of the total amount of water from beneath the applicants’ lands. However, applicants claim the right to withdraw more than the one percent withdrawal amount so long as the sum of the total withdrawals from all wells in each aquifer does not exceed the product of the number of years since the date of issuance of the first well permit for a well in the aquifer, or the date of determination of rights to ground water from the Water Court, whichever occurs first, times the average annual amount of withdrawal. 11. Applicants request that the court retain jurisdiction until such time as a sufficient number of wells have been drilled to provide the site specific information required by the rules and regulations. At that time the applicants will petition the court for a final determination of the amount of water that may be withdrawn based upon evidence of saturated sand thickness as shown by well logs. This petition may have the effect of revising the claims described herein either upward or downward, as the evidence indicates. 12. Proposed uses: Applicants intend to use, reuse, successively use and otherwise dispose of the water for all purposes, including domestic, agricultural, industrial, commercial, irrigation, augmentation, stock watering, central supply, recreation, fish and wildlife and fire protection. The water will be produced for immediate application to said uses, for reuse, for storage and subsequent application to said uses and for exchange. 13. The groundwater in the Laramie-Fox Hills and Lower Arapahoe aquifers is nontributary ground water as defined in C.R.S. § 37_90-103(10.5). Applicants seek quantification of the ground water available in the nontributary Laramie-Fox Hills and Lower Arapahoe aquifers underlying the Subject Property. 14. In compliance with C.R.S. § 37-92-302(2)(b), applicants shall supplement this application, with evidence that applicants have, within ten days after the filing of this application, given notice to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land. 15. Names and address of owner of land on which well is located: Clyde Roy & Carolyn Roy, 14951 East 112th Avenue, Brighton, Colorado 80603. WHEREFORE, applicants request that this court enter a decree adjudicating the water rights claimed herein to the structures described herein, and for such other relief, as the court deems proper. (6 pages, No Attachments.)
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2001CW305 PACIFIC WEST FINANCIAL. APPLICATION FOR SURFACE WATE RIGHTS OF IN WELD COUNTY. 1. Name, address, telephone number of applicant: Pacific West Financial, c/o Bruce Galloway, 600 Ericksen Avenue NE, Suite 395, Bainbridge Island, Washington 98110, Telephone: (206) 780-9989 (Alan G. Hill, Esq., Tienken & Hill,L.L.P., 726 Front Street, Suite B, Louisville, Colorado, 80027 (303) 673- 9373) 2. Name of structure: Jeffers Spring. 3. Legal description of each point of diversion: Approximately 2220 feet West of the East Section line and 1600 feet North of the South Section line, all located in the NW ¼ SE ¼ of Section 35, Township 4 North, Range 68 West of the 6th P.M., Weld County, State of Colorado. 4. Source: The spring is tributary to the St. Vrain River, a tributary of the South Platte River. 5.A. Date of initiation of appropriation: June 1, 1943. B. How appropriation was initiated: Water was used for stock watering, irrigation and domestic use commencing on June 1, 1943. C. Date water applied to beneficial use: June 1, 1943. 6. Amount claim: 0.015 cfs absolute. 7. Use or proposed use: Stock watering, irrigation, domestic, recreational, fish propagation. A. Number of acres historically irrigated: Irrigation of acreage within 290 acres in the E ½, Section 35, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, more particularly described on Exhibit “A,” attached hereto and incorporated herein by this reference. B. If non-irrigation, describe purpose fully: Water has been used for stock watering horses and cattle, along with other live stock, for domestic purposes, and has, in the past, been temporarily impounded in a pond for fish propagation. 8. Name and address of owner of land on which points of diversion and place of uses are located: Dean Jeffers, Trustee of Gladys Jeffers Trust, 1257 Birch, Douglas, Wyoming 82633. WHEREFORE, applicant requests the entry of a decree adjudicating the Jeffers Spring as described herein, and for such other relief as the court deems proper. (3 pages, no attachments)
2001CW306 CONCERNING THE APPLICATION FOR WATER STORAGE RIGHTS OF BUFFALO PARK DEVELOPMENT COMPANY, IN JEFFERSON COUNTY. 1. Name, address and telephone number of applicant: Buffalo Park Development Company, c/o Ron Lewis, 26624 North Turkey Creek Road, Evergreen, Colorado 80439 (303) 674-7777 (Alan G. Hill, Esq., Tienken & Hill, L.L.P., 726 Front Street, Suite B, Louisville, Colorado 80027 (303) 673-9373). 2. Name of reservoir: Sprucedale Reservoir. 3. Legal description: A. Location of reservoir: Sprucedale Reservoir is an off- channel reservoir located in the NE¼ NW¼f Section 28, Township 5 South, Range71 West of the 6th PM, Jefferson County, Colorado the outlet of which is located at a point whence the North Quarter Corner bears North 54°, 32', 30" East, 631.21 feet. B. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Sprucedale Ditch is located in the NE¼ NW¼of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, the head gate of which is located at a point whence the North Quarter Corner bears North 51°10'05" East, 720.05 feet. 4. Source: Cub Creek, tributary to Bear Creek, in the South Platte River Basin. 5.A. Date of appropriation: December 31, 2001. B. How appropriation was initiated: Field investigation, engineering investigation, design work, and the filing of this Water Court Application. C. Date water applied to beneficial use: Water has not, as of the date of the filing of this application, been applied to beneficial use. 6. Amount claimed: A. In acre feet: 2.0 acre feet, conditional. B. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 0.30 cfs, conditional. 7. Use: Water stored pursuant to the water storage right claimed herein will be used for augmentation, and exchange and substitution. 8. Surface area of high water line: 0.36 acres. A. Maximum height of dam in feet: 12 feet. B. Length of dam in feet: 140 feet. 9. Total capacity of reservoir in acre feet: 2.0 acre feet, all active capacity. There is no dead storage in this reservoir. 10. Name and addresses of owner of land on which structure for the water right is located: Buffalo Park Development Company, c/o Ron Lewis, 26624 North Turkey Creek Road, Evergreen, Colorado 80439 (Alan G. Hill, Esq., Tienken & Hill, L.L.P., 726 Front Street, Suite B, Louisville, Colorado 80027 (303) 673-9373). 11. Remarks or any other pertinent information: Water stored in Sprucedale Reservoir pursuant to this storage decree will be utilized as an augmentation source, including as an augmentation source for depletions associated with wells constructed in the Cragmont Subdivision and Mountain Park Homes Subdivision, as described in the Application in Case Number 94 CW 290. To the extent that the water storage right claimed in Case No. 94CW290 is decreed to Sprucedale Reservoir, 1.0 acre foot of storage claimed in this Application in this case is redundant. WHEREFORE, applicant prays for a decree adjudicating the water storage right described herein, and for such further relief as the court deems proper. (4 pages, no attachments)
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2001CW307 EASTERN ADAMS COUNTY METROPOLITAN DISTRICT, c/o Mr. Mike Serra, III, 3855 Lewiston Street, Suite 100, Aurora, CO 80011. Please direct all correspondence and pleadings to: Anne J. Castle or Christopher L. Thorne, Holland & Hart LLP, 555 17th Street, P.O. Box 8749, Denver, CO 80201-8749. APPLICATION FOR SURFACE WATER RIGHT, IN ADAMS COUNTY. 2. Name of structure: Eastern Adams County Metropolitan District Outfall Pipeline. 3. Legal description of each point of diversion: The point of diversion is located in the NW1/4 of Section 29, Township 3 South, Range 62 West of the 6th Principal Meridian, in Adams County, more particularly described as follows: commencing at the center one-quarter corner of said section 29; thence north 00°48’52” east along the east line of the northwest one-quarter of said section 29 a distance of 541.14 feet; thence north 89°11’08” west a distance of 1055.85 feet. 4. Source: Wastewater collected within the regional service boundary of the District, as described in the District’s approved Wastewater Utility Plan and Site Application Report (“Site Application”), dated November 17, 2000, treated by the Applicant at the District’s Wastewater Treatment Plant, and discharged from the Wastewater Treatment Plant at the location described above, tributary to Wolf Creek. 5. A. Date of initiation of appropriation: November 17, 2000. B. Date water applied to beneficial use: N/A. C. How appropriation was initiated: The appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to filing of the Site Application for the District’s Wastewater Treatment Plant, and authorization by the District of the filing of this application. 6. Amount claimed: 7.7 c.f.s., conditional. 7. Use or proposed use: Use and reuse to extinction of treated wastewater for all beneficial purposes authorized by the District’s approved service plan, including without limitation, irrigation of open space, parks, recreational and agricultural lands, domestic, industrial, municipal, power generation, fish and wildlife propagation, aesthetic, winter storage, exchange, replacement, or augmentation purposes, such uses to occur in the Wolf Creek, Kiowa Creek, Comanche Creek basins. 8. Name and address of owner of land on which points of diversion and place of use(s) is (are) located: Pauls Development East, LLC, 3950 Lewiston Street, Suite 100, Aurora, Colorado 80011. WHEREFORE, Applicant requests confirmation of the conditional surface water rights described above.
96CW168 City of Central, a Colorado municipal corporation, 141 Nevada Street, P.O. Box 249, Central City, CO 80427, Telephone No. 303-573-0247(c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027 303-666-4060) SECOND AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS, APPROVAL OF PLAN FOR AUGMENTATION AND ADJUDICATION OF APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE IN GILPIN, CLEAR CREEK AND JEFFERSON COUNTIES In the South Platte River and its Tributaries 1. Name and address of the applicant: 2. The original Application herein was filed with the Water Court, Water Division No. 1, on December 31, 1992 (‘Application’) and the First Amended Application herein was filed with the Water Court, Water Division No. 1, on August 25, 1995 (‘Amended Application’). All portions of said applications shall remain as previously published, except as specifically described below: 3. Nature of proposed changes (provisions added to the Application are numbered according to the Application): 3.1. The claims for the following exchange to points in paragraph 3.B of the Application are withdrawn: Upper Chase Gulch Diversion Facility, paragraph 3.B.i.1.d; New York Gulch Diversion Facility, paragraph 3.B.i.1.e; Dorothy Lee Placer Reservoir, paragraph 3.B.iii.1; Eureka Gulch Reservoir, paragraph 3.B.iii.3; and New York Gulch Reservoir, paragraph 3.B.iii. 4. 3.2. The claims for the following structures to be augmented in paragraph 5 of the Application are withdrawn: Dorothy Lee Placer Reservoir, paragraph 5.C; Eureka Gulch Reservoir, paragraph 5.E, and New York Gulch Reservoir, paragraph 5.F. 3.3. Paragraph 5.I of the Amended Application is replaced with the following: I.Gilpin County School District Wells located on Gilpin County School property, being approximately 96 acres in the NE 1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M. i. Existing Gilpin County School District wells to be augmented by the sources in paragraph 2 above include the following: a.Gilpin County School District Well No. 056418-F, located in the SE 1/4 of the NE 1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 1,900 feet North Section line and 600 feet from the East Section line of said Section 35. b. Gilpin
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County School District Well. No. 056417-F, located in the SE 1/4 of the NE 1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 1,680 feet from the North Section line and 840 feet from the East Section line of said Section 35. Well No. 056418-F and Well No. 056417- F were adjudicated in Case Nos. 79CW190, 84CW021 and 88CW158, Water Division No. 1. Said wells appropriate tributary groundwater from a fractured granite aquifer. Each well has an appropriation date of August 15, 1978. Well No. 056418-F is adjudicated for 8 gallons per minute, absolute, and Well No. 056417-F is adjudicated for 15 gallons per minute, absolute. c. Gilpin County School District Well. No. 056416-F located in the NW 1/4 of the NE 1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 49 feet from the North Section line and 1728 feet from the East Section line of said Section 35. ii. The subject wells are used as the water supply for the Gilpin County School property, being approximately 96 acres in the NE 1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M. Water is used for drinking and sanitary facilities, fire protection and the irrigation of a 1.54 acre athletic field. Pursuant to the well permits, all existing and future wells on Gilpin County School property shall be augmented under the plan described herein. iii. In addition, subject to the Intergovernmental Agreement between applicant and the Gilpin County School District, applicant proposes to augment, using any of Central City’s water rights including reclaimable effluent from the Black Hawk- Central City Wastewater Treatment Plant, releases from Chase Gulch Reservoir and Hole-In-The-Ground Reservoir, lawn grass irrigation credits and Central’s senior augmentation water, any Gilpin County School District permitted well that is constructed in the future on said Gilpin County School property, being approximately 96 acres in the NE 1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M., so long as said well is used for the purposes described in paragraph 5.I.ii above. iv. The Gilpin County School wells and the land on which they are used are owned by the Gilpin County School District RE-1, Attention: Superintendent, 10595 Highway 119, Black Hawk, Colorado 80403. The wells are included in the plan for augmentation and exchange herein pursuant to an Intergovernmental Agreement between the District and the City of Central. 3.4. The following water rights to be augmented are added to paragraph 5. of the Application: J. Frei Commercial Well, Permit No. 03803-F, decreed on March 16, 2001 in Case No. 98CW473, Water Division No. 1, Application of Albert Frei & Sons, Inc. i. Legal description of the well: Frei Commercial Well No. 03803-F is located in the NE 1/4 of the SW 1/4 of Section 34, Township 3 South, Range 72 West of the 6th P.M., Clear Creek County, Colorado, at a point 2,740 feet from the East line and 1,680 feet from the South line of said section 34. The well is located on the Texaco Placer Claim, Mineral Survey No. 20694. The property address is 33500 State Highway 6, Idaho Springs, CO 80452. ii. Source: Fractured granite, tributary to Clear Creek. iii. Depth: 120 feet iv. Date of appropriation: October 23, 1962. v. Amount: 0.033 cubic feet per second (15 gallons per minute), absolute. K. Walstrum Quarry Pipeline No. 1, decreed on March 16, 2001, in Case No. 98CW473, Water Division No. 1, Application of Albert Frei & Sons, Inc. i.Legal description of the pipeline: The point of diversion for the pipeline is located on the North bank of Clear Creek in the NE 1/4 of the SW 1/4 of Section 34, Township 3 South, Range 72 West of the 6th P.M., Clear Creek County, Colorado, at a point 2,820 feet from the East line and 1,700 feet from the South line of said Section 34. The property address is 33500 State Highway 6, Idaho Springs, CO 80452. ii. Source: Clear Creek, a tributary of the South Platte River. iii. Date of appropriation: September 27, 1994. iv. Amount: 0.040 cubic feet per second (18 gallons per minute), absolute. L. Walstrum Quarry Reservoir No. 1, decreed on March 16, 2001, 2001 in Case No. 98CW473, Water Division No. 1, Application of Albert Frei & Sons, Inc. i. Location of reservoir: The reservoir will be constructed in the SE 1/4 of Section 34, Township 3 South, Range 72 West of the 6th P.M., Clear Creek County, Colorado, with a point of survey on the South boundary of the reservoir high water line being approximately 1,300 feet from the South line and 1,400 feet from the East line of said Section 34. The property address is 33500 State Highway 6, Idaho
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Springs, CO 80452. ii. Location of points of diversion: Water will be diverted from the North bank of Clear Creek by means of the Walstrum Quarry Pipeline No. 2. The point of diversion for said pipeline is in the NE 1/4 SW 1/4 of Section 34, Township 3 South, Range 72 West of the 6th P.M., Clear Creek, County, Colorado, at a point approximately 2,860 feet from the East line and 1,770 feet from the South line of said Section 34. The pipeline reaches the reservoir near the center of the SE 1/4 of Section 34 at a point approximately 1,690 feet from the East line and 1,630 feet from the South line of said Section 34. iii. Source of water: Clear Creek by surface diversion. iv. Date of appropriation: March 25, 1998. v. Amount: 310 acre feet, conditional, with the right to fill and one refill while in priority. vi. Rate of diversion: 7.85 cubic feet per second (3,525 gallons per minute). M. Chase Gulch Spring No. 1, Application pending in Case No. 96CW1032, Water Division No. 1, Application of the City of Central, as Amended on March 30, 1998. i. Legal description of point of diversion: Located in the NE 1/4 of the SW 1/4 of Section 2, Township 3 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 280 feet West of the East line of the West one-half of said Section 2 and 175 feet South of the North line of the Southwest one-quarter of said Section 2. ii. Source: Spring and seepage water tributary to Chase Gulch, a tributary of North Clear Creek. iii. Date of appropriation: May 26, 1996. iv. Amount claimed: 0.334 cubic feet per second, (150 gallons per minute), absolute. N. Chase Gulch Spring No. 2, Application pending in Case No. 96CW1032, Water Division No. 1, Application of the City of Central, as Amended on March 30, 1998. i. Legal description of point of diversion: Located in the NE 1/4 of the SW 1/4 of Section 2, Township 3 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 250 feet West of the East line of the West one-half of said Section 2 and 185 feet South of the North line of the Southwest one-quarter of said Section 2. ii. Source: Spring and seepage water tributary to Chase Gulch, a tributary of North Clear Creek. iii. Date of appropriation: May 26, 1996. iv. Amount claimed: 0.334 cubic feet per second, (150 gallons per minute), absolute. 3.5. Paragraph 6 of Application is replaced with the following: 6. Description of plan for augmentation: Applicant intends to utilize the water rights described in paragraph 2 and subparagraphs 5.A through 5.H, 5.M and 5.N above, to supply its municipal system. The water rights described in paragraphs 5.I through 5.L will be used in accordance with their decreed uses. Out-of- priority depletions from such uses will be augmented from applicant’s Clear Creek water rights, including senior augmentation water rights, releases from Chase Gulch Reservoir and Hole-In-The-Ground Reservoir, lawn grass irrigation credits and reclaimable return flows from the Black Hawk-Central City Wastewater Treatment Plant. The structures listed in subparagraphs 5.J through 5.L are augmented pursuant to a contractual agreement between applicant and Albert Frei & Sons, Inc. Applicant claims credit from all return flows from irrigation and its pro rata portion of the wastewater delivered to North Clear Creek from the treatment plant owned by the Black Hawk- Central City Sanitation District, at its present location and or any future location. Applicant will separately account for its wastewater flows delivered to said plant and thereafter returned to North Clear Creek at the outfall presently located in the Southeast 1/4 of Section 7, Township 3 South, Range 72 West of the 6th P.M., Gilpin County, Colorado. Applicant claims credit for all return flows from irrigation and successive uses of its water rights as part of its replacement and augmentation water in this case, and further claims the right to use and reuse these return flows to extinction. The operation of applicant’s plan for augmentation will not injuriously affect the owners of or persons entitled to use water under vested rights or decreed conditional water rights. The purpose of the augmentation plan is to permit diversions of water for all municipal purposes, including irrigation, for use within the applicant’s present and future service area, and to permit diversions of water at the points of diversion described in paragraphs 5.I through 5.L above for the purposes for which those structures are decreed. In order to avoid curtailment during periods when the water rights described in paragraph 5 are out of priority, in whole or in part, applicant’s plan provides a method for replacing water necessary to meet the lawful requirements of senior diverters at the
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time and location and to the extent that seniors would otherwise be deprived of their lawful entitlement by applicant’s diversions. Applicant will take credit for returns to the stream from lawn grass irrigation and returns from the wastewater treatment plant, may also make direct returns to the stream from its tributary water rights described herein, may leave water in the stream which applicant is entitled to divert pursuant to the priorities for its water rights and may make direct releases to the stream. 3.6. The first sentence of paragraph 9 of the Application is replaced with the following: 9. Proposed use of water: The water rights claimed herein will be diverted for direct flow use or for storage and subsequent use for all municipal purposes, including domestic, industrial, commercial, fire protection, irrigation, stock watering, recreation, piscatorial and wildlife conservation within the present and future service area of the City and for all the purposes decreed in Case No. 98CW473. Without limiting the generality of the foregoing, the City’s service area specifically includes the Gilpin County School District Property, being approximately 96 acres located in the NE 1/4 of Section 35, and the Gilpin County Justice Center Property, located in the SE 1/4 of Section 30, all in Township 2 South, Range 72 West of the 6th P.M., Gilpin County, Colorado, and the City’s water rights may be used for direct water supply or for augmentation or exchange for the benefit of existing and future uses on said properties. Gilpin County Justice Center property is the subject of a pending plan for augmentation and exchange in Case No. 94CW277, Water Division No. 1. The water will also be used for exchange purposes, for replacement of diversions and/or depletions resulting from the use of water from other sources and other priorities from the same source and for augmentation purposes. Applicant intends and specifically requests that the court decree that it has the right to use, reuse, make successive uses and dispose of by sale, exchange or otherwise to extinction all water lawfully diverted or impounded under the priorities claimed herein. 4. Additional Remarks: All statements of opposition filed herein are deemed by the applicant to apply fully to the application as amended hereby without the necessity of any objector refiling any such pleadings or filing amendments thereto.
2001CW125, CONCERNING THE APPLICATION FOR WATER RIGHTS OF JAMES R. GALLENSTEIN, AMENDED APPLICATION FOR APPROVAL OF GROUNDWATER RIGHT, CHANGE OF WATER RIGHT, AND PLAN FOR AUGMENTATION, IN LARIMER COUNTY. (Holly I. Holder, Holder & Ciliberto, P.C., 518 17th Street, #1500, Denver, Colorado 80203 (303)534-3636). COMES NOW Applicant, by and through his undersigned attorneys, and hereby amends the application filed with this Court on July 31, 2001, to amend the application as follows: The Subject Property which is the subject of the application is approximately 35 acres of land located in the SW1/4 of Section 34, T8N, R69W of the 6th P.M. Part of the application requests a change of water right in the Taylor and Gill Ditch Company, from irrigation to augmentation use. The application referenced that the land historically irrigated by Applicant's interest was located on the Subject Property. This amended application is filed to reference that the actual location of the land historically irrigated by Applicant's interest is located in the NW1/4 of Section 33, T8N, R69W of the 6th P.M. All other matters remain the same as shown in the July, 2001, resume for Water Division 1. WHEREFORE, Applicant prays that this court enter a decree for the relief requested in this amended application and for such further relief as the court deems proper in the premises.
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YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of February, 2002 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO 80632.
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SUPREME COURT
STATE OF COLORADO
IN THE MATTER OF THE APPOINTMENT ) AMENDED OF WATER JUDGES UNDER THE WATER ) ORDER RIGHT DETERMINATION AND ADMINISTRATION) ACT OF 1969 )
Pursuant to Section 37-92-203(2), 10 CRS (2001), the following judges are designated or redesignated as water judges for the water divisions of the state for 2002:
Division 1 Jonathan W. Hays Roger A. Klein *
Division 2 C. Dennis Maes * Kirk S. Samelson
Division 3 Robert W. Ogburn O. John Kuenhold*
Division 4 J. Steven Patrick Charles R. Greenacre *
Division 5 Thomas W. Ossola Thomas P. Craven*
Division 6 Richard P. Doucette Joel S. Thompson*
Division 7 Gregory G. Lyman
Dated this __26th__ day of December, 2001
/ s / Mary J. Mullarkey Chief Justice
* Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.
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SUPREME COURT
STATE OF COLORADO
CONCERNING THE APPOINTMENT OF ) ORDER DESIGNATED GROUND WATER JUDGES )
Pursuant to the provisions of Section 37-90-115(1)(b)(V), 10 CRS (2001), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2002:
Judicial Designated Ground Water Basin Judge District
Northern High Plains James R. Leh 13th Camp Creek
Kiowa-Bijou C. Vincent Phelps, Jr. 17th Lost Creek
Upper Black Squirrel Creek Larry E. Schwartz 4th Upper Big Sandy
Southern High Plains Norman L. Arends 15th
Dated this 26th day of December, 2001
/ s / Mary J. Mullarkey Chief Justice
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RULING OF REFEREE LIESMAN ENTERED ON 12-10-2001 01CW098 JANETTE EVERITT, ELBERT PAGES 09 TRUSTEE OF THE JANETTE EVERITT TRUST ET AL 01CW097 MOORE ROAD DOUGLAS PAGES 09 PROPERTIES 01CW002 WILLIAM GEE AND JEFFERSON PAGES 03 REVISED RULING CYNTHIA BENSON GEE 00CW146 DOUGLAS LANE ET AL DOUGLAS PAGES 09 00CW084 LOIS SMITH DOUGLAS PAGES 03 98CW356 LAWRENCE & CAROL JEFFERSON PAGES 02 REVISED RULING JONES 98CW348 JOHN & ZAIRAH JEFFERSON PAGES 03 REVISED RULING ANTWEILER 98CW251 EDWARD WARREN JEFFERSON PAGES 02 98CW231 WELD COUNTY WELD PAGES 03 SCHOOL DISTRICT RE- 10J 98CW199 CHRIS CARDONE CLEAR CREEK PAGES 02 98CW005 JOHN & JANICE ELBERT PAGES 03 WISKAMP
RULING ENTERED BY REFEREE LIESMAN ON 12-12-2001 99CW165 CENTERRE DEV. DOUGLAS PAGES 07
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DECREES ENTERED BY JUDGE HAYS ON 12-04-2001 98CW307 GARY GREIS CLEAR CREEK PAGES 02 98CW350 WESLEY DU JEFFERSON PAGES 02 CHARME 98CW354 MICHAEL & NANCY JEFFERSON PAGES 02 FITZGERALD 98CW358 TERRY & MARCIA JEFFERSON PAGES 03 PHILLIPS 98CW359 MARY ANN LARK, JEFFERSON PAGES 02 TRUSTEE 98CW365 STEVE CLARK & PARK PAGES 03 JOHN MONTOYA 96CW970 EDWIN & CAROL PARK PAGES 03 SAMBERG 96CW980 VIRGIL HENDERSON PARK PAGES 03 CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 12-04-2001 96CW945 RUSSELL & PARK PAGES 03 KATHLEEN FERRELL 96CW1102 WAYNE HAMMACK PARK PAGES 03 96CW1015 JON & SHARON PARK PAGES 03 LARSON 96CW1079 JEFF HUCK PARK PAGES 03 96CW1080 ROBERT DINGMAN PARK PAGES 03 ET AL 96CW1086 LORETTA PARK PAGES 03 CRAWFORD 96CW1099 ROBERT & IRENE PARK PAGES 03 ARFSTEN CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 12-07-2001 00CW054 MARTIN REDEKER DOUGLAS PAGES 06 DECREES ENTERED BY JUDGE HAYS ON 12-07-2001 00CW100 FRANK REYNOLDS WELD PAGES 03 01CW003 SHARON MEYER DOUGLAS PAGES 03 01CW014 THOMAS & JAMIE WELD PAGES 02 PRESGROVE 01CW015 EDWARD LANTZ BOULDER PAGES 02 YAGI-STEINER TRUST 01CW017 DIANE SPINDLER & JEFFERSON PAGES 02 KATHLEEN RIPP 01CW033 PRAIRE LAND ELBERT PAGES 07 COMPANY 01CW047 JAMES BRINKS LARIMER PAGES 03 01CW051 STANLEY & EVELYN DOUGLAS PAGES 09 LANCASTER ET AL 01CW068 PIERRE LAGASSE DOUGLAS PAGES 03 01CW072 HOME DEPOT USA DOUGLAS PAGES 18 01CW081 LUNDIECK DOUGLAS PAGES 11 INVESTMENT, INCFGW INVESTMENT LTD ET AL 01CW085 ANTHONY SMITH ELBERT PAGES 08 AND ERICA
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VENETTE-SMITH DECREES ENTERED BY JUDGE HAYS ON 12-31-2001 98CW356 LAWRENCE & JEFFERSON PAGES 02 CAROL JONES 98CW348 JOHN & ZAIRAH JEFFERSON PAGES 03 98CW251 EDWARD WARREN JEFFERSON PAGES 02 98CW199 CHRIS CARDONE CLEAR CREEK PAGES 02 98CW005 JOHN & JANICE ELBERT PAGES 03 WISKAMP 01CW098 JANETTE EVERITT, ELBERT PAGES 09 TRUSTEE ET AL 01CW97 MOORE ROAD DOUGLAS PAGES 09 PROPERTIES
00CW146 DOUGLAS LANE ET DOUGLAS PAGES 09 AL 00CW084 LOIS SMITH DOUGLAS PAGES 03 CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 12-31-2001 01CW002 WILLIAM GEE AND JEFFERSON PAGES 03 CYNTHIA BENSON GEE
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NOTICE OF NEW FORMS AND INSTUCTIONS
Rule Change #2002(1)
Uniform Local Rules for All State Water Court Divisions Appendix to Chapter 36
As of January 10, 2002, the attached instructions and forms are amended, adopted, and appended to Chapter 36 of Volume 12 of the Colorado Revised Statutes, Uniform Local Rules for All State Water Court Divisions.
JDF 295W. Standardized Instructions for All Colorado Water Court Divisions.
JDF 296W. Application for Water Rights (Surface)
JDF 297W. Application for Water Storage Right.
JDF 298W. Application for Underground Water Right.
JDF 299W. Application for Change of Water Right.
JDF 300W. Application for Finding of Diligence or to Make Absolute.
JDF 301W. Application for Approval of Plan for Augmentation.
JDF 302W. Pleading in Protest to Referee’s Ruling or in Support of Referee’s Ruling.
JDF 303W. Statement of Opposition.
JDF 304W. Protest to Revised Abandonment List.
Amended and Adopted by the Court, En Banc, January 10, 2002, effective immediately.
BY THE COURT: Gregory J. Hobbs, Jr. Justice, Colorado Supreme Court
Forms available at: www.courts.state.co/scao/forms/waterforms/waterindex.htm
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