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District Court, Water Division 1, Colorado August 2020 Water Resume Publication To: All Persons Interested in Water Applications in Water Div

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District Court, Water Division 1, Colorado August 2020 Water Resume Publication To: All Persons Interested in Water Applications in Water Div DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of AUGUST 2020 for each County affected 20CW24 Ronald Allen Hodge, 47161 State Route 558, New Waterford, OH 44445. 303-720-1342. APPLICATIONS FOR ABSOLUTE SURFACE AND STORAGE RIGHTS in TELLER COUNTY. Hodge Spring and Hodge Pond both located NW1/4, NW1/4, S15, T12S, R71W 6th PM. UTM coordinates: (Spring) Easting 471970, Northing 4318391, Zone 13. (Pond) Easting 471910, Northing 4318367. Street Address: 405 Deer Creek Drive, Lake George, CO 80827. Source: spring source located in unnamed dry draw, approximate flow rate is 0.007 cfs (3 gpm). Date of appropriation: 9-94. How appropriation was initiated: Dam installed reservoir filled. Date of beneficial use: 9-94. Amount: (Spring) 0.007 cfs Absolute; (Pond) 2.5 af Absolute. Use: Spring to fill Hodge Pond for recreation on reservoir. 20CW25 Norlan And Niki Stevenson, 51984 CR 19, Nunn, CO 80648, 970-897-2213; Ami and Chad Wangeline, 51980 CR 19, Nunn, CO 80648, 970-391-3285. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART in WELD COUNTY. Date of Original Decree: 03/25/2008 in Case No. 07CW179 WD1. Subsequent Decree 08/17/2014 in Case No. 14CW13 WD1. Stevenson Well Permit 263308 located NW1/4, NW1/4, S15, T9N, R67W, 6th PM, at a point approximately 366 ft from N and 161 ft from W 51984 CR 19, Nunn CO. Source: Groundwater. Appropriation Date 5/5/2005 Amount: 9 gpm, Absolute. Depth 720 ft. Use: Domestic use in one single family dwelling including irrigation on one acre of stock watering was decreed absolute in Case NO 07CW179. Domestic in two additional single-family dwellings was decreed conditional in Case No 07CW179 20CW26 Gregory L Lucas, 7680 Crestmont Ave, Newark, CA 94560 510-825-8165 APPLICATION FOR FINDING OF REASONABLE DILIGENCE TO MAKE ABSOLUTE IN WHOLE OR IN PART in PARK COUNTY. Date of Original Decree: 11/08/2001 in Case No. 96CW988 in WD1. Ell located NW 1/4 , NW 1/4, S2, T10S, R75W of the 6th PM, at a distance 150 ft from N. and 650 ft from W, Indian Mountain Subdivision. Source: Groundwater. Appropriate Date 5/31/1973. Amount 15 gpm Use: Household use only in a single-family dwelling not including irrigation. 20CW3116 Jackie Wayne Jackson A/K/A J. Wayne Jackson, And Barbara Jean Jackson, 10587 Delbert Road, Parker, CO, 80138. James J. Petrock, Eric K. Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT-NONTRIBUTARY UPPER DAWSON AQUIFERS in DOUGLAS COUNTY. Well Permits: Well permits will be applied for prior to construction of any wells. Subject Property: 20.1 acres located in the S1/2SE1/4NE1/4 of Section 21, Township 6 South, Range 65 West of the 6th P.M., Douglas County, State of Colorado, as described and shown on Exhibit A ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in C.R.S. § 37-90-103(10.5). Prior Decree Information: By decree entered by the District Court, Water Division One, in Case No. 2019CW3136 (“19CW3136 Decree”) on January 9, 2020, the Applicants’ right to withdraw and use all of the unappropriated groundwater from the nontributary aquifers (NT) beneath the Subject Property pursuant to C.R.S. § 37-90-137(4) was confirmed and granted. Those decreed amounts were as follows: Lower Dawson, 6.62 af/yr (NT); Denver, 12.6 af/yr (NT); Arapahoe, 8.54 af/yr (NT); Laramie-Fox Hills, 6.48 af/yr (NT). The 19CW3136 Decree also confirmed Applicants’ right to withdraw and use groundwater in the amount of 2 acre-feet per year from the Upper Dawson not-nontributary aquifer, in accordance with terms and conditions set forth in that decree and requirements of C.R.S. § 37-90-137(9)(c.5), and based upon plan for augmentation approved by the 1 Court. The 19CW3136 Decree found that 7.44 acre-feet annually of not-nontributary groundwater was available for withdrawal from the Upper Dawson aquifer. 5.44 acre-feet annually remain available after deduction of 2 acre-feet annually decreed for uses as described in the 19CW3136 Decree. The 19CW3136 Decree provides that the remaining 5.44 acre feet of Upper Dawson groundwater can be withdrawn and used only if included in a separate plan for augmentation. The decree in 19CW3136 Decree requires that 2 acre-feet annually and 200 acre-feet total from the Laramie-Fox Hills Aquifer be reserved for post- pumping depletions. 4.48 acre-feet annually of decreed Laramie-Fox Hills water remains available. Request for Plan for Augmentation: Proposed Uses: Domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Jurisdiction: The Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), 37-92-203(1), and 37-92-302(2). Description of Plan for Augmentation: Groundwater to be Augmented: Approximately 1 acre-foot per year of Upper Dawson aquifer groundwater. Water Rights for Augmentation: Return flows from the use of not-nontributary and nontributary groundwater and direct discharge of nontributary groundwater. Statement of Plan for Augmentation: The Upper Dawson aquifer water will be used on the Subject Property to serve one residence through one well for in-house use (0.3 acre-feet ), irrigation of up to 10,000 square feet of lawn, garden and trees (.65 acre feet), and 4 large domestic animals (0.05 acre-feet). Said residence is in addition to the 2 existing residences served pursuant to the augmentation plan approved in the 2019CW3136 Decree. Applicants reserve the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for in- house use will be provided by non-evaporative septic systems and return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Coal Creek stream system. Return flows accrue to the South Platte River via Cherry Creek and Coal Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Applicants request that the court approve the above plan for augmentation, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of or persons entitled to use water under any vested water right or decreed conditional water right, and grant such other and further relief as is appropriate. 4 Pages. 20CW3117: Arapahoe County Water And Wastewater Authority (“ACWWA”), c/o Steve Witter, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830; East Cherry Creek Valley Water and Sanitation District (“ECCV”), c/o David Kaunisto, General Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, Telephone: (303) 693-3800; United Water and Sanitation District (“United”), c/o Robert Lembke, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 773-1005. APPLICATION FOR CHANGE OF WATER RIGHTS, PLAN FOR AUGMENTATION, AND APPROPRIATION OF RETURN FLOWS in ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, LARIMER, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village Colorado 80111, (Attorneys for ACWWA and ECCV), Tod J. Smith, Esq., Law Office of Tod J. Smith, LLC, 5777 Central Avenue, Suite 228, Boulder, Colorado 80301, (Attorney for United). 2. Introduction. The purpose of this Application is to change the use of (1) two decreed water rights associated with Applicants’ 196.5 shares1 out of 2,844 outstanding shares in the Fort Morgan Reservoir and Irrigation Company (“FMRIC”), and (2) the decreed water rights for Jackson Lake by virtue of Applicants’ ownership interest in FMRIC and 1 These shares are referred to as “ACWWA’s FMRIC Shares” and “ECCV’s FMRIC Shares” throughout this Application. 2 FMRIC’s ownership of stock in the Jackson Lake Reservoir and Irrigation Company (“JLRIC”) (“Subject Water Rights”). 3. Decreed Water Rights for Which Change is Sought and Structures Associated with the Decreed Water Rights. 3.1. Fort Morgan Canal. 3.1.1. Previous Decree. Case No. 433, Irrigation District No. 1, Weld County District Court, decreed November 21, 1895. 3.1.2. Decreed Point of Diversion. The Fort Morgan Canal headgate is located on the south bank of the South Platte River, in the SE1/4 of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado. 3.1.3. Source. South Platte River. 3.1.4. Appropriation Date. October 18, 1882. 3.1.5.
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