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1 District Court, Water Division 1, Colorado August DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2016 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 2016 for each County affected. 16CW35 MARY BRAUN-PAYNE, 7792 Pine Ridge Rd., Franktown, CO 80116. 303-660-9335. APPLICATION FOR UNDERGROUND WTER RIGHTS IN THE DENVER BASIN AQUIFERS IN DOUGLAS COUNTY. Applicant seeks to adjudicate the well, permit 74888, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.2 acre tract of land lying in the NE1/4, NE1/4, S35, T7S, R66W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifer. 16CW36 NELLIE M JACKSON, Revocable Trust and Robert J. Jackson Family Trust, 1289 W. Camino Pable Dr., Pueblo West, CO 81007. 303-912-2017. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 08-11-80 in case 79CW163, WD1. Subsequent decrees: 05-18-04 in case 97CW28 and 08-10-10 in case 10CW103, WD1. Jackson Well located SW1/4, NW1/4, S6, T8S, R75W of the 6th PM. Lot 213, Filing 2, Michigan Hill subdivision aka 1330 Michigan Hill Road. Source: Groundwater, Appropriation date: 5-31-79. Amount: 15 gpm. Use: Household only. 16CW37 MIKE AND JANICE PRYOR, 7304 S. Robb St., Littleton, CO 80127. 303-978-9767. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 8-20-10 in case 10CW96, WD1. Well located SW1/4, SW1/4, S5, T10S, R75W of the 6th PM. Lot 4, Filing 2, Elkhorn Ranches subdivision aka 304 Caracara Ln. Source: Groundwater. Appropriation date: 2-28-75. Amount: 15 gpm. Use: Household use only inside a single family dwelling not including irrigation. 16CW3102 The Town of Castle Rock, Attn: Mark Marlowe, Water Utilities Director 175 Kellogg Court Castle Rock, Colorado 80109. Please send all correspondence and all court filings Jeffrey J. Kahn and Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978 Longmont, CO 80502-0978. APPLICATION FOR FINDING REASONABLE DILIGENCE IN DOUGLAS AND JEFFERSON COUNTIES. Name of structure: Chatfield Reservoir. Describe the conditional water right giving the following from the previous decrees: Date of original decree, case no. and court: Case No. 89CW169, District Court, Water Division No. 1, entered on June 27, 1991. Subsequent decrees awarding findings of diligence: Case No. 97CW207, District Court, Water Division No. 1, entered on January 3, 1998; Case No. 04CW251, District Court, Water Division No. 1, entered on August 3, 2010. Legal description of point of diversion: The reservoir formed by the Chatfield Dam, an existing structure located in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th P.M., and in Section 1, Township 6 South, Range 69 West of the 6th P.M. The right abutment of Chatfield Dam is located in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M., Douglas County, Colorado. The left abutment of the dam is located in Section 1, Township 6 South, Range 69 West of the 6th P.M. in Jefferson County, Colorado. Source of water: South Platte River and its tributaries. Appropriation date: November 6, 1989. Amount: 2,000 acre-feet, conditional. Uses: All municipal purposes. Integrated Water Supply System: Pursuant to C.R.S. § 37-92-301(4)(B), the conditional storage water right is part of a single integrated water system owned and developed by Applicant. Applicant’s integrated water supply system consists augmentation plans, appropriative rights of exchange, conditional and absolute water rights and non-tributary groundwater rights. 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. During the most recent diligence 1 period (August 2010 to August 2016), Applicant has incurred more than $3,386,000 to conduct the following work specific to this conditional water right and on its integrated system. Participated in the Chatfield Storage Reallocation Project (“Project”) at a cost of approximately $1,972,000, by: Obtaining Corps of Engineers (“Corps”) approval of the Project, which reallocated 20,600 acre-feet of storage space in Chatfield Reservoir and authorized the Colorado Department of Natural Resources (“DNR”) to use the storage space for various uses, including municipal use. Obtaining a Water Storage Agreement between the Corps and the DNR to allow the DNR to utilize the reallocated storage space and to assign the space to other water providers. Obtaining an assignment of 287 acre-feet of storage space in Chatfield Reservoir from DNR through a Water Provider Agreement. Contracting with Colorado Water Conservation Board (“CWCB”) for an option to purchase 1213 additional acre-feet of storage space in Chatfield Reservoir. Obtaining a letter agreement with the CWCB to reserve 500 additional acre-feet of storage space in Chatfield Reservoir, for a total of 2,000 acre-feet. Creating the Chatfield Reservoir Mitigation Company to complete work necessary to operate the Project. Defending against litigation filed by the Audubon Society related to the Project. Investigated, designed and constructed Castle Rock Well Nos. AL-1, AL-2, AL-8, AL-9, AL-16, AL-18, and AL-20 in the Central (Meadows) Well Field, at a cost of approximately $970,000. Studied water quality, studied alluvium characteristics, modified the vaults, replaced the flow meters and added variable frequency drives for Well CR-79 (Heckendorf Well No. 2) and Well CR-80 (Heckendorf Well No. 3), at a cost of approximately $86,000. Rehabilitated Castle Rock Well CR-12R, including rebuilding the pump, installing a new flow meter, adding variable frequency drives, building a new control panel and programming the panel, at a cost of approximately $28,500. Conducted water quality studies of the alluvial groundwater aquifer in the Central Well Field, at a cost of approximately $21,000. Began and/or continued to adjudicate Water Court applications in Case Nos. 92CW144, 09CW166 and 12CW296, which specifically involved Chatfield Reservoir, at a cost of more than $309,300. Began and/or continued to adjudicate Water Court applications in Case Nos. 09CW167, 10CW243, 10CW244, 10CW245, 12CW232, and 13CW3028. Opposed applications that could injure Applicant’s water rights, including this water right, in Case Nos. 04CW292, 04CW293, 05CW270, 09CW262, 09CW275, 09CW279, 10CW261, 10CW263, 11CW18, 11CW180, 11CW215, 12CW75, 14CW3045, 14CW3054, 15CW3016, 15CW3148 and 15CW3181. Conducted legal and engineering work to determine whether to acquire certain senior water rights for use in Applicant’s municipal water system. Name and address of owner of land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool. U.S. Army Corps of Engineers, 9307 South Wadsworth Blvd. Littleton, CO 80128. WHEREFORE, Applicant requests the Court enter a decree finding that Applicant has exercised reasonable diligence during the diligence period and extending the conditional water right for an additional six-year period. 16CW3103, (Division 2 case no. 16CW3048)Walden Corporation, Inc., 17145 Colonial Park Drive, Monument, CO 80132 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, EL PASO COUNTY. Groundwater to be augmented: Up to 155 acre-feet per year for 100 years of not nontributary Dawson aquifer groundwater as decreed in Consolidated Case Nos. 02CW187, District Court, Water Division 1, and 02CW117, District Court, Water Division 2. Said groundwater is located underlying approximately 349 acres of land generally located in parts of Sections 14, 15, 22, and 23, T11S, R66W of the 6th P.M., El Paso County, as shown on Attachment A hereto (Subject Property). Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer groundwater and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in cases described above. Statement of plan for augmentation: The Dawson aquifer groundwater will be used for inhouse, irrigation, commercial, fire protection, and stockwatering purposes, including storage, through a central water supply system, on the Subject Property or on land served through Applicant’s central water supply system, including but not limited to Walden III Subdivision, Filings 2 through 7. The Dawson aquifer groundwater will be withdrawn through one or more wells located on the 2 Subject Property which will operate at rates of flow which are necessary to withdraw the entire annual amount. During pumping Applicant will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Based on the location of the Subject Property, return flows from use of the water on the Subject Property return to the South Platte River and such return flows are sufficient to replace the total annual actual depletion. Sewage treatment for in house and commercial use is provided by a central treatment facility and the amount of treated water which returns to the stream system is approximately 95% of that use. Applicant requests that the total actual depletion be returned to the South Platte River stream systems and for a finding that those replacements are sufficient. Applicants will reserve an equal amount of the nontributary groundwater to meet post pumping augmentation requirements.
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