district court, water division 1, colorado august 2019 ... · august 2019 water resume publication...
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DISTRICT COURT, WATER DIVISION 1, COLORADO
AUGUST 2019 WATER RESUME PUBLICATION
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right
applications and certain amendments filed in the Office of the Water Clerk during the month of AUGUST
2019 for each County affected.
19CW24 GERALD J. MAVOR AND VALENTINA N. MAVOR LIVING TRUST, 27174 CR 13,
Elizabeth, CO 80107. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE
DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit
285589, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a
53 acre tract of land lying in the NW1/4 SW1/4, S18, T9S, R64W of the 6th PM, including the Dawson,
Denver, Arapahoe and Laramie Fox Hills aquifers.
19CW25 PAUL AND TAWNY GREGORY, 8771 Flint Ridge St., Bennett, CO 80102. 303-317-2230.
APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS
IN ADAMS COUNTY. Applicant seeks to adjudicate the well, permit 293168, and to adjudicate the non
tributary and not nontributary Denver Basin groundwater underlying a 36 acre tract of land lying in the
NW1/4 NE1/4, S27, T2S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox
Hills aquifers.
19CW26 DAVID R WEILAGE, 285 Potato Patch Circle, Evergreen, CO 80439. APPLICATION
FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN WHOLE OR
IN PART IN JEFFERSON COUNTY. Date of original decree: 09-06-06 in case 06CW105, WD 1;
Subsequent decree: 08-12-13 in case 12CW213, WD 1. Weilage Well Nos 1-6 exact location will not be
known until the residences the wells will serve are constructed. The wells can generally be described as
being within the S1/2S1/2, S3, T6S, R70W, 6th PM. Easting; E4378320.33m; Northing; 5481491.24m.
Source: Groundwater tributary to Switzer’s Gulch, Deer Creek and S. Platte river. Appropriation Date; 04-
28-06. Amount: 15 gpm for each well. Applying to make one well absolute in the amount of 2 gpm. Use:
Domestic and ordinary household purposes, irrigation of lawn, garden and fire protection.
19CW3157 Coulson Excavating Company, Inc., 3609 N. Co. Rd. 13, Loveland CO 80538 In the Big
Thompson River or its Tributaries In LARIMER AND WELD COUNTIES. APPLICATION FOR
APPROVAL OF PLAN FOR AUGMENTATION, CHANGE OF WATER RIGHT, AND FOR
CONDITIONAL AND ABSOLUTE UNDERGROUND AND SURFACE WATER RIGHTS,
INCLUDING WATER STORAGE RIGHTS Counsel: Sean D. Rutledge, Patterson Rutledge & Assoc.
315 E. 7th St., Loveland CO 80537 (970) 669-2864 1.0 Application 1.1 Applicant: Coulson Excavating
Company, Inc. 3609 North County Road 13. Loveland, CO 80538 1.2 Overview: Application seeks
approval for augmentation plan to replace depletions to Big Thompson River resulting from evaporation
losses and industrial uses occurring at gravel pit mining operations (Collectively, “Coulson Gravel Pits”)
and as required under statute, C.R.S. 37-90-137 (11). This plan quantifies such depletions in time, place
and amount and ensures adequate replacement in order to prevent injury. Applicant also seeks determination
of historical consumptive use associated with their acquired interest in certain water rights owned by them,
to wit: (1) 19 out of 128 Share in the Hill and Brush Ditch (“H&B Shares”); (2) all interest in the Osborn
Irrigation System (“OIS”); (collectively, “Changed Water Rights”) . Applicant claims the right to use
historically consumed portion of future yields of Changed Water Rights for all lawful purposes and to
extinction, but subject to maintenance of historical return flows. The Changed Water Rights may be used
on a direct flow basis or stored in lined structures described herein (collectively, “Reservoirs”). Applicant
also seeks conditional and absolute water rights on the Big Thompson River to support their present and
future operations (collectively, “New Water Rights”). The locations of the Gravel Pits, Reservoirs and
Structures are shown in Exhibits A, B and C. 2.0 Plan for Augmentation: 2.1 Name of Structures to be
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Augmented: Applicant seeks to augment undecreed Coulson Gravel Pits described as follows: A. Gardels
Pit (8.8 surface acres total). Comprised of two cells, each located in the SE 1/4 of the NE1/4 of Section 19,
Township 5 North, Range 68 West of the 6th PM. (DRMS permit no. M 2005-033). The center of Pond One
is 1644 feet from the North line and 475 feet from the East line of said Section 19. The Center of Pond Two
is 1892 feet from the North line and 1299 feet from the East line of said Section 19. B. Brownwood Pit
(12.8 acres). Comprised of one cell located in W1/2 of Section 19, and SW1/4 of Section 20, Township 5
North, Range 68 West of the 6th PM. (DRMS permit no. M 1979-033). The Center of the Pond occurs at a
distance of 2511’ from the south line and 364' from the east line of said Section 19. C. Kirtright Pit. (21.76
surface acres total). Comprised of four cells, each located in the SE1/4 of Section 15, Township 5 North,
Range 68 West of the 6th PM. (DRMS permit no. M1853-123). The center of Pond One is located 921 feet
from the South line and 2079 feet from the East line of said Section 15. The center of Pond Two is located
453 feet from the South line and 1275 feet from the East line of said Section 15. The center of Pond Three
is located 815 feet from the South line and 769 feet from the East line of said Section 15. The center of
Pond Four is located 555 feet from the South line and 297 feet from the East line of said Section 15. D.
Challenger Pit. (22.7 surface acres total). Comprised of three cells, each located in the NW1/4 of Section
29, Township 5 North, Range 68 West of the 6th PM. (DRMS permit no. M1985-026). The center of Pond
One is located a distance of 1195 feet from the North line and 628 feet from the West line of said Section
29. The center of Pond Two is located a distance of 2010 feet from the North line and 601 feet from the
West line of said Section 29. The center of Pond Three is located a distance of 2072 feet from the North
line and 1245 feet from the West line of said Section 29. 2.2 Water Rights to Be Used for Augmentation:
A. Changed Water Rights pursuant to requests made in paragraphs 3 and 4 herein; B. New Water Rights
pursuant to requests made in paragraphs 5-11 and as described herein. 2.3 Complete Statement of Plan
for Augmentation: Applicant will deliver consumable portions of future yields of Changed and New
Water Rights to the Big Thompson River and through the structures described in this Application. Such
replacements shall be made for out of priority and future depletions resulting from evaporative loss from
groundwater exposed after January 1, 1981 as a result of mining or industrial application occurring at the
Gravel Pits. Losses shall be calculated pursuant to obligations in C.R.S. 37-90-137 (11) and supporting
guidelines. Applicant may use additional replacement supplies in this plan and claims the right to do so
without amending this application if such additional supplies are decreed to lawfully allow such use and
can be delivered through structures and measuring devices that are otherwise described. 3.0 First Proposed
Change of Water Right 3.1 Decreed Name for which first proposed Change is sought: A. Name of
Structure: Osborn Irrigation System (“OIS”). B. Date of original and all relevant subsequent decrees:
November 14, 1939. Case No: 1077 Court: Boulder County, District Court. C. Legal Description of
Structure as described in most recent decree that adjudicated the location: Located in the north half (N1/2)
of Section nineteen (19), Township five (5) North, Range sixty-eight (68) West of the 6th Principal
Meridian, in Larimer County, Colorado, and that said irrigation system consists of an equalizer pond and a
ditch consisting of four consecutive sections, identified as Ditches Nos. 1, 2, 3 and 4. That the aforesaid
equalizer pond (source no. 1), which is at the head of ditch no. 1, is located at a point whence the northeast
corner of said section nineteen (19) bears north 27°41’ east 1049 feet. Source No. 2 is a seepage flow which
is concentrated at a point from whence the northeast corner of Section nineteen (19) bears north 32°10’ east
1530 feet. Source No. 3 is a seepage flow which is concentrated at a point from whence the north quarter
corner of Section nineteen (19) bears north 29°10’ west 1965 feet. Source No. 4 is a seepage flow which is
concentrated at a point from whence the north quarter corner of Section nineteen (19) bears north 2°10’
east 1942 feet. Source No. 5 is a seepage flow which is concentrated at a point from whence the north
quarter corner of section nineteen (19) bears north 9°30’ east 2110 feet. Ditch No. 1 flows southwesterly
from source No.1 past source No. 2, a distance of one thousand five hundred (1,500) feet, to the point where
it connects with Ditch No. 2; Ditch No. 2 extends to the eastward from the eastward end of ditch No. 3 to
the end of ditch No. 1, a distance of one hundred seventy (170) feet; Ditch No. 3 extends both easterly to
ditch No. 2, and westerly to Ditch No. 4, from source No. 3; Ditch No. 4 is a continuation of ditch No. 3,
and the water in said ditch may be run either a southwesterly or northeasterly direction from sources Nos.
4 and 5, and in a southwesterly direction only from source No. 3. A copy of the OIS Decree is given in
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Exhibit D. D. Decreed Source of Water: See paragraph 3.C. above describing seepage flows accumulating
at five concentrated locations along Big Thompson Rivers (“Sources”). E. Appropriation Date: December
31, 1888. F. Total Amount Decreed to Structure in gallons per minute (g.p.m.) or cubic feet per second
(c.f.s.): 1.06 cubic feet per second (c.f.s). G. Decreed use: Irrigation. H. Amount of water application intends
to change: 1.06 cubic feet per second (c.f.s.). 3.2 Detailed Description of First Proposed Change:
Applicant will continue to accept delivery of OIS Water Right from Sources through historical ditches and
additional structures necessary to deliver water to Gardels Reservoir West (Storage capacity: 24 acre feet
Surface Area: 3.3 acres). The center of the Gardels Reservoir West is located in the SE1/4 of the NW1/4 of
Section 19, Township 5 North, Range 68 West of the 6th Principal Meridian at a distance of 2324 feet from
the North line and 2361 feet from the West line of said Section 19. Once stored, the historically consumed
portion of yields from OIS Water Right may be used for any lawful purpose to extinction including
augmentation of the Coulson Gravel Pits. Deliveries of water including all amounts necessary to maintain
historical return flows will be made through the outfall located in the SE1/4 of the NW1/4 of Section 19,
Township 5 North, Range 68 West of the 6th PM at a distance of 2570 feet from the North line and 2534
feet from the West line of said Section 19. Applicant has completed an historical consumptive use analysis
of irrigation practices associated with the OIS Water Right and will ensure against expansion of use and
injury under the change proposed. The OIS historical monthly water available for consumptive use is given
in Exhibit E. The historically irrigated lands and dry-up areas are given in Exhibit F. 4.0 Second Proposed
Change of Water Right 4.1 Decreed Name for which second proposed Change is sought: I. Name of
Structure: Hill and Brush Ditch. J. Date of decree (original adjudication): May 28, 1883. Case No: 1683
(61.801 c.f.s.) Court: Boulder County, District Court. Date of decree (abandonment): February 25, 1985.
Case No: 84CW204 (abandoned 34.801 c.f.s.). Court: District Court, Water Division No. 1: K. Legal
Description of Structure as described in most recent decree that adjudicated the location (“Hill and Brush
Headgate”): Section 24, Township 5 North, Range 68 West of the 6th P.M. L. Decreed Source of water:
Seepage flow accumulating at five concentrated locations in Big Thompson watershed as described above
(“Sources”). M. Appropriation Date: December 31, 1888. N. Total Amount Decreed to Structure in gallons
per minute (g.p.m.) or cubic feet per second (c.f.s.): 27 cubic feet per second (c.f.s.). O. Decreed use:
Irrigation P. Amount of water applicant intends to change: Applicant’s proportional entitlement in interest
in Hill and Brush pursuant to 26 out of 128 shares (.2031 c.f.s.) historically used for purposes of irrigation
on certain real property known as the Challenger/Pfeif Farm, described as follows: The Northwest Quarter
(NW 1/4) and the North One-half (N1/2) of the Southwest Quarter (SW1/4) of Section Twenty-nine (29),
Township Five (5) North, Range 67 West of the Sixth Principal Meridian. Excepting from the above
described premises rights of way, and excepting a tract containing one-acre in the Northeast corner of the
Northwest Quarter (NW1/4) of said Section Twenty-nine (29). A copy of the H&B Decree is given in
Exhibit G. 4.2 Detailed Description of Second Proposed Change: Applicant will continue to divert H&B
Shares from Big Thompson River through Hill and Brush Headgate and will be used directly or else stored
in the Amen Reservoir Complex (Total Storage Capacity: 331 acre feet, Total Surface Area: 30.9 acres).
The Amen Reservoir Complex consists of three separate ponds the centers of which are located as follows:
POND 1 (4.7 acres, 31 acre feet) in the SE1/4 of the SW1/4 of Section 19, Township 5 North, Range 67
West at a distance of 620 feet from the South Line and 2393 feet from the West line of said Section 19.
POND 2 (26.2 acres, 300 acre feet) in the SW1/4 OF THE SW1/4 of Section 19, Township 5 North, Range
67 West at a distance of 504 feet from the South Line and 1114 feet from the West Line of said Section 19.
POND 3 (12.2 acres, 80 acre feet) in the NW1/4 of the SW1/4 of Section 19, Township 5 North, Range 67
West at a distance of 1441 feet from the South line and 1075 feet from the West line of said Section 19.
OUTFALL: SW1/4 of the NW1/4 of Section 29, Township 5 North, Range 67 West at a distance of 1556
feet from the North line and 0 feet from the West line of said Section 29. The historically consumed portion
of yields from H&B Shares may be used for any lawful purpose to extinction including augmentation of
the Coulson Gravel Pits. Applicant will replace historic return flows in locations, at times, and in amounts
necessary to prevent injury. The applicant has completed an historical consumptive use analysis of irrigation
practices associated with the H&B Shares and will ensure against expansion of use and injury under the
change proposed. The H&B historical monthly Pro-Rata Diversions are given in Exhibit H. The historically
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irrigated lands and dry-up areas are given in Exhibit I. 5.0 First Claim of Direct Flow Water Right. 5.1
Name of Structure: Big Thompson Ditch and Manufacturing Company Ditch Headgate. 5.2 Legal
Description of point of diversion: NE1/4 of the SW1/4 Section 15, Township 5 North, Range 68 West of
the 6th PM. 5.3 Source: Big Thompson River. 5.4 A. Date of appropriation: June 6, 2014 B. How
appropriation was initiated: By diversion under free river conditions for industrial uses in connection with
gravel pit operations and further described in attached Affidavit of Peter Wayland, President, Weiland, Inc.
Date appropriation was applied to beneficial use: June 6, 2014. 5.5 Amount claimed: 3.05 c.f.s. (absolute)
17.35 c.f.s. (conditional) 5.6 List all proposed uses: All lawful uses to extinction including augmentation
of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining operations at
locations described above, or other locations acquired by applicant in the future. Water to be used on a
direct flow basis or stored in structures identified in this application, including Brownwood Reservoir SE
described in Paragraph 9 below. 6.0 Second Claim Direct Flow Water Right. 6.1 Name of Structure:
Hillsborough Ditch Headgate. 6.2 Legal Description of point of diversion: SE1/4 of the NW1/4, Section
21, Township 5 North, Range 68. West of the 6th PM. 6.3 Source: Big Thompson River. 6.4 A. Date of
Appropriation: August 9, 2019 B. How appropriation was initiated: By filing this application. 6.5 Amount
claimed: 20 c.f.s. (conditional) 6.6 List all proposed uses: All lawful uses to extinction including
augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining
operations at locations described above, or other locations acquired by applicant in the future. Water to be
used on a direct flow basis or stored in structures identified in this application, including Stroh Reservoir
Complex, described in Paragraph 10 below. 7.0 Third Claim of Direct Flow Water Right. 7.1 Name of
Structure: Hill and Brush Ditch Headgate. 7.2 Legal Description of point of diversion: NE1/4, Section
24, Township 5 North, Range 68 West of the 6th PM. 7.3 Source: Big Thompson River. 7.4 A. Date of
Appropriation: August 9, 2019 B. How appropriation was initiated: By filing this application. 7.5 Amount
claimed: 20 c.f.s. (conditional). 7.6 List all proposed uses: All lawful uses to extinction including
augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining
operations at locations described above, or other locations acquired by applicant in the future. Water to be
used on a direct flow basis or stored in structures identified in this application, including Amen Reservoir
Complex described in paragraph 11 below. 8.0 First Claim of Storage Right: 8.1 Name of Reservoir:
Amen Reservoir Complex (comprised of three separate cells). 8.2 Legal description of each of 3 separate
ponds the center of each is set forth as follows: (a) (Pond 1) The SE1/4 of the SW1/4 of Section 19,
Township 5 North, Range 67 West of the 6th PM at a distance of 620’ from the South line and 2393” from
the West line of Section 19, consisting of approximately 4.7 acres in surface area. (b) (Pond 2) The SW1/4
of the SW1/4 of Section 19, Township 5 North, Range 67 West at a distance of 504 feet from the South line
and 1114 feet from the West line of Section 19, consisting of approximately 26.2 acres in surface area. (c)
(Pond 3) The NW1/4 of the SW1/4 of Section 19, Township 5 North, Range 67 West at a distance of 1441
feet from the South line and 1075 feet from the West line of Section 19, consisting of approximately 12.2
acres in surface area. 8.3 Source: Seepage tributary to Big Thompson River and located in SW1/4 of Section
19, Township 5 North, Range 67 West of the 6th PM. 8.4 A. Date of appropriation: August 9, 2019 B. How
appropriation is initiated: filing of this application. 8.5 Amount claimed: 411 AF with right to; fill and refill
until completion (conditional) 8.6 List all or proposed uses: All lawful uses to extinction including
augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining
operations at locations described above, or other locations acquired by applicant in the future. 8.7 A. Date
of appropriation: August 9, 2019 B. How appropriation was initiated: Filing of this application. 8.8 Total
capacity of ponds: 411 AF 9.0Second claim of Storage Right 9.1 Name of Reservoir: Brownwood
Reservoir SE. 9.2 Legal description of center: The SW1/4 of Section 19, Township 5 North, Range 67
West of the 6th PM. 9.3 Source: Big Thompson River. 9.4 If filled from a ditch: A. Name of ditch: 20 c.f.s.
through Big Thompson Ditch and Manufacturing Company B. Legal description of point of diversion:
NE1/4 of the SW1/4, Section 15, Township 5 North, Range 68 West of the 6th PM. 9.5 A. Date of
Appropriation: June 6, 2014 B. How appropriation was initiated: By diverting 3.05 c.f.s. absolute from Big
Thompson River through lateral off Big Thompson Ditch and Manufacturing Company and into
Brownwood Reservoir SE for subsequent industrial use. In total, 113 AF was stored with the intention of
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being beneficially used for replacement water in the operation of the applicant’s gravel pit temporary
substitute supply plans. 9.6 Amount claimed: 120.12 AF with right to fill and refill until completion, (113
AF absolute, 7.12 AF conditional). 9.7 List all or proposed uses: All lawful uses to extinction including
augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining
operations at locations described herein, or other locations acquired by applicant in the future. 9.8 Surface
area of high-water line: 11.13 acres 9.9 Total capacity of reservoir: 120.12 AF of active storage. 10.0 Third
claim of Storage Right 10.1 Name of Reservoir: Stroh Reservoir Complex 10.2 Legal description of
Center: (Pond 1) The NW1/4 of the NW1/4 of Section 23, Township 5 North, Range 68 West at a distance
of 174 feet from the North line and 719’ from the West line of said Section 23, consisting of approximately
35 acres in surface. (Pond 2) The NE1/4 of the NW1/4 of Section 23, Township 5 North, Range 68 West
at a distance of 718 feet from the North line and 1719 feet from the West line of said Section 23, consisting
of approximately 13 acres in surface area. 10.3 Source: Big Thompson River 10.4 If filled from a ditch: A.
Name of ditch: 20 c.f.s. through Hillsborough Ditch Headgate B. Legal description of point of diversion:
SE1/4 of the NW1/4, S 21, T5N, R68 West of the 6th PM. 10.5 A. Date of Appropriation: August 9, 2019
B. How Appropriation was initiated: By filing this application. 10.6 Amount claimed: 960 AF with right to
fill and refill until completion (conditional). 10.7 List all or proposed uses: All lawful uses to extinction
including augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit
mining operations at locations described herein, or other locations acquired by applicant in the future. 10.8
Total capacity of complex: 960 AF of active storage. 11.0 Fourth Claim of Storage Right: 11.1 Name of
Reservoir: Bonser Reservoir Complex (comprised of three separate cells). 11.2 Legal description of each
of 3 separate ponds the center of each is set forth as follows: (Pond 1) The NE1/4 of the SE1/4 of Section
16, Township 5 North, Range 68 West of the 6th PM at a distance of 1405’ from the South line and 359’
from the East line of said Section 16, consisting of approximately 20 acres in surface area. (Pond 2) The
NW1/4 of the SW1/4 of Section 15, Township 5 North, Range 67 West at a distance of 1712 feet from the
South line and 508 feet from the West line of said Section 19, consisting of approximately 7 acres in surface
area. (Pond 3) The SW1/4 of the SW1/4 of Section 15, Township 5 North, Range 68 West of 6th PM at a
distance of 615 feet from the South line and 30 feet from the West line of said Section 15, consisting of
approximately 12 acres in surface area. 11.3 Source: Seepage flows in Sections 16, Township 5 North,
Range 68 West of the 6th PM. 11.4 A. Date of appropriation: August 9, 2019. B. How appropriation is
initiated: filing of this application. 11.5 Amount claimed: (661 AF conditional) 11.6 List all or proposed
uses: All lawful uses to extinction including augmentation of the Coulson Gravel Pits, industrial uses
associated with applicant’s gravel pit mining operations at locations described above, or other locations
acquired by applicant in the future. 11.7 A. Date of appropriation: August 9, 2019. B. How appropriation
was initiated: Filing of this application. 11.8 Total capacity of ponds: 661 AF of active storage. 12.0 First
Claim for Underground Water Right 12.1 Name of well: Gardels Pit described in 2.1 a. above. 12.2
Source: Exposed groundwater and seepage flows tributary to Big Thompson River. 12.3 A. Date of
Appropriation : ( no later than) December 31, 2008. B. How Appropriation was initiated: by filing
application with Division of Mining Reclamation and Safety and construction thereof. C. Date Water was
applied to beneficiary use: (no later than) December 31, 2008. 12.4 Well withdraws water tributary to Big
Thompson River. A. Amount claimed: 0.027 c.f.s. (absolute) B. Amount claimed in acre feet annually
19.45AF (absolute). Applicant includes herewith affidavit supporting absolute claim. 12.5 List All uses:
All lawful uses to extinction including industrial. 13.0 Second Claim for Underground Water Right 13.1
Name of well: Brownwood Pit described in 2.1 B. above. 13.2 Source: Exposed groundwater and seepage
flows tributary to Big Thompson River. 13.3 A. Date of Appropriation: December 31, 2001 (no later than).
B. How Appropriation was initiated: by filing application with Division of Mining Reclamation and Safety
and Safety and construction thereof. C. Date Water was applied to beneficiary use: December 31, 2001 (no
later than). 13.4 Well withdraws water tributary to Big Thompson River. A. Amount claimed 0.039 c.f.s.
(absolute) B. Amount claimed in acre feet annually 28.32 AF (absolute). Applicant includes herewith
affidavit supporting absolute claim. 13.5 List All uses: All lawful uses to extinction including
industrial.14.0 Third Claim for Underground Water Right 14.1 Name of well: Kirtright Pit described
in 2.1 C. above. 14.2 Source: Exposed groundwater and seepage flows tributary to Big Thompson River.
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14.3 A. Date of Appropriation: December 31, 2007. B. How Appropriation was initiated: by filing
application with Division of Mining Reclamation and Safety and Safety and construction thereof. C. Date
Water was applied to beneficiary use: December 31, 2007. 14.4 Well withdraws water tributary to Big
Thompson River. A. Amount claimed:0.068 c.f.s (absolute) B. Amount claimed in acre feet annually 48.96
AF (absolute). Applicant includes herewith affidavit supporting absolute claim. 14.5 List All uses: All
lawful uses to extinction including industrial. 15.0 Fourth Claim for Underground Water Right 15.1
Name of well: Challenger Pit described in 2.1 D. above. 15.2 Source: Exposed groundwater and seepage
flows tributary to Big Thompson River. 15.3 A. Date of Appropriation: December 31, 2008. B. How
Appropriation was initiated: by filing application with Division of Mining Reclamation and Safety. C. Date
Water was applied to beneficiary use: December 31, 2008 15.4 Well withdraws water tributary to Big
Thompson River. A. Amount claimed: .073 c.f.s (absolute) B. Amount claimed in acre feet annually 52.77
AF (absolute). Applicant includes herewith affidavit supporting absolute claim. 15.5 List All uses: All
lawful uses to extinction including industrial. 16.0 Fifth Claim for Underground Water Right Name of
well: Bonser Seepage 16.1 Name of wells: (a) Seepage flow #1 occurs in the NE1/4 of the SE1/4 of Section
16, Township 5 North, Range 68 West of the 6th PM at a distance of 2209 feet from the South line and 429
feet from the East line of said Section 16 (b) Seepage flow #2 occurs in the NE1/4 of the SE1/4 of Section
16, Township 5 North, Range 68 West of the 6th PM at a distance of 2103 feet from the South line and 1161
feet from the East line of said Section 16. 16.2 Source: Exposed groundwater and seepage flows tributary
to Big Thompson River. 16.3 A. Date of Appropriation: August 9, 2019. B. How Appropriation was
initiated: by filing this application. 16.4 Well withdraws water tributary to Big Thompson River. A. Amount
claimed: Seepage flow #1 1.5 c.f.s. (conditionally) and Seepage flow #2 1.5 c.f.s. (conditionally). B.
Amount claimed in acre feet annually 661 AF (conditionally). 16.5 List All uses: All lawful uses to
extinction including industrial. 17.0 Name(s) and Address(es) of Owner(s) or Reputed Owners of the
land upon which any new diversion or storage structure, or modification to any existing diversion or storage
structure is or will be constructed or upon which water is or will be stored, including any modification to
the existing storage pool. The applicant must notify these persons that the applicant is applying for this
water right, and certify to the Court that the applicant has done so. City of Loveland, 500 E. 3rd St, Loveland,
CO 805375773 Bryan J. McMahill, 4755 E. Highway 402, Loveland, CO 80537 Loveland Ready-Mix
Concrete, Inc., P.O. Box 299, Loveland, CO 80539 McWhinney Property Group LLC, 2725 Rocky
Mountain Ave., Suite 200, Loveland, CO 80538 Richard Coulson, 1016 Oleander Drive, Loveland, CO
80538 Coulson Excavating Company Inc., 3609 N. County Road 13, Loveland, CO 80538 Steve Kirtright,
260 SE Frontage Road, Loveland, CO 805344000 Linda/Kevin Bates Obrien, 6229 Lacy Lane, Loveland,
CO 805348243 Darlene/Randy Kirtright, 260 SE Frontage Road, Johnstown, CO 805344000
Richard/Kenneth Coulson, 3609 N. County Road 13, Loveland, CO 80538 Croissant Family Farm LLC,
49316 County Road 83, Briggsdale, CO 806119319 Dustin Christensen/ Jamie McGill, 7080 County Road
54, Johnstown, CO 805349604 Lakota Lakes Ranch Homeowners Association, 7288 County Road 54,
Johnstown, CO 805349604 (9 pages + 9 Exhibits + Affidavit)
Note: Water Division 2 will publish resume
19CW3158, (Division 2 case 19CW3049), Daniel S. Abeyta, 11530 Columbine Hills Rd., Colorado
Springs, CO 80908-3802. Application for Adjudication of Denver Basin Groundwater and Plan for
Augmentation of Daniel S. Abeyta, in EL PASO COUNTY. I. Name and Address of Applicant:
Daniel S. Abeyta, 11530 Columbine Hills Rd., Colorado Springs, CO 80908-3802. Name and Address of
Attorneys: Chris D. Cummins, #35154, Emilie B. Polley, #51296. MONSON, CUMMINS & SHOHET,
LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212, E-mail:
[email protected]; [email protected]. II. Summary of Application. Daniel S. Abeyta
(“Applicant”) seeks to quantify the Denver Basin groundwater underlying his approximately 4.6-acre
property in El Paso County, Colorado. III. Application for Underground Water Rights. A. Legal
Description of Wells. 1. Property Description. The Applicant’s approximately 4.6-acre property
(“Applicant’s Property”) is located at 11530 Columbine Hills Road, Colorado Springs, in El Paso County,
7
Colorado, and more specifically described as follows and depicted on the Exhibit A map: The South 664.22
feet of the West 329.10 street of the E1/2 of the SW1/4 of Section 18, Township 12 South, Range 65 West
of the 6th P.M., except the South 30 feet thereof, as granted to El Paso County for a public road by deed
recorded June 17, 1925 in Book 692 at Page 252, County of El Paso State of Colorado. 2. Existing Wells.
There is an existing well on the Property. Well with Permit No. 279087 (“Abeyta Well No. 1”) is located
approximately 341 feet from the south section line and 1744 feet from the west section line, UTM x being
524831.0 and UTM y being 4316727.0, based on CDSS data, and constructed to the not-nontributary
Dawson aquifer. Applicant intends for the well to be re-permitted for non-exempt uses upon entry of a
decree approving the plan for augmentation requested herein. A. Water Source. 1. Not-Nontributary. The
ground water to be withdrawn from the Dawson aquifer underlying the Applicant’s Property is not-
nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the
Dawson aquifer will require the replacement of actual stream depletions. 2. Nontributary. The groundwater
that will be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the
Applicant’s Property is nontributary. B. Estimated Rates of Withdrawal and Ground Water Available. 1.
Estimated Rates of Withdrawal. Pumping from the well will not exceed 100 g.p.m. The actual pumping
rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant
requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed
amounts. The actual depth of any well to be constructed within the respective aquifers will be determined
by topography and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water
Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the
Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-
year aquifer life pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and
average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s Property:
Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to C.R.S. §37-92-
305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of
water available for appropriation and withdrawal from each aquifer. C. Requested Uses. The Applicant
requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of
domestic, irrigation, greenhouse, stock water, recreation, wildlife, wetlands, fire protection, and also for
storage and augmentation purposes associated with such uses. The Applicant also requests that the
nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s
Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the
amount withdrawn annually shall be consumed. Applicant may use such water by immediate application
or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided,
however, Applicant shall only be entitled to construct a well or use water from the not-nontributary Dawson
aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream
depletions caused by the use of such not-nontributary aquifer in accordance with C.R.S. §37-90-137(9)(c.5).
Groundwater Quantification
Acres: 4.61
SE1/4 SW1/4 Sec 18 T12S R65W 6th
P.M.
Denver
Basin Aquifer
Net
Sand Total 100
Year
(AF) (ft) (AF)
Dawson (NNT) 189.40 174.63 1.75
Denver (NNT) 360.30 282.37 2.82
Arapahoe (NT) 260.90 204.47 2.04
Laramie Fox Hills
(NT) 189.90 131.32 1.31
8
D. Well Fields. Applicant requests that they be permitted to produce the full legal entitlement from the
Denver Basin aquifers underlying Applicant’s Property through any combination of wells. Applicant
requests that these wells be treated as a well field. E. Averaging of Withdrawals. Applicant requests that
they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to
the aquifers beneath the Applicant’s Property, so long as the sum of the total withdrawals from all the wells
in the aquifers does not exceed the product of the number of years since the date of issuance of the original
well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual
volume of water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s
Property. F. Owner of Land Upon Which Wells are to Be Located. The land and underlying groundwater
upon which the wells are and will be located is owned by the Applicant. IV. Application for Approval of
Plan for Augmentation. A. Structures to be Augmented. The structure to be augmented is the Abeyta Well
No. 1 as is currently constructed to the not-nontributary Dawson aquifer underlying the Applicant’s
Property, and as will be re-permitted pursuant to this plan for augmentation, as requested and described
herein along with any replacement or additional wells associated therewith. B. Water Rights to be Used for
Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting
from the pumping of the not-nontributary Dawson aquifer from Abeyta Well No. 1, together with water
rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. C.
Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions
caused by pumping of the not-nontributary Dawson aquifer by one well proposed herein. Water use criteria
and their consumptive use component for replacement of actual depletions for the lots are estimated as
follows: 1. Use. Abeyta Well No. 1 will pump a maximum total of 1.7 acre feet of water from the Dawson
aquifer annually. Such use shall be a combination of household use, irrigation of lawn and garden, and the
watering of horses or equivalent livestock. An example breakdown of this combination of use is household
use at 0.25 acre feet, plus outdoor use including the watering of up to 8 horses and 16 chickens or equivalent
livestock with a water use of 0.30 acre feet per year (10 gallons/day/head or 0.011 annual acre feet per
head); and irrigation of greenhouse, lawn, and garden of 1.15 acre feet per year (0.05 annual acre feet per
1000 sq. ft.). 2. Depletions. It is estimated that maximum stream depletions over the 100 year pumping
period for the Dawson aquifer amounts to approximately 10.4% percent of pumping. Maximum annual
depletions for total residential pumping from all wells are therefore 0.177 acre feet, in year 100. Should
Applicant’s pumping be less than the 1.7 acre feet described herein, resulting depletions will be
correspondingly reduced. 3. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-
137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of augmented
wells to the Dawson aquifer. Depletions during pumping will be effectively replaced by residential return
flows from non-evaporative septic systems, and depletions from irrigation will be adequately replaced by
irrigation return flows. The annual consumptive use for non-evaporative septic systems is 10% per year
per residence. At a household use rate of 0.25 acre feet per residence per year, 0.225 acre-feet is replaced
to the stream system per year, assuming the use of a non-evaporative septic systems. Thus, during pumping,
stream depletions will be adequately augmented. 4. Augmentation for Post Pumping Depletions. For the
replacement of any injurious post-pumping depletions which may be associated with the use of the Abeyta
Well No. 1, Applicant will reserve water from the nontributary Laramie-Fox Hills aquifer, less the amount
of actual stream depletions replaced during the plan pumping period. Applicants also reserve the right to
substitute other legally available augmentation sources for such post pumping depletions upon further
approval of the Court under its retained jurisdiction. Even though this reservation is made, under the
Court’s retained jurisdiction, Applicants reserve the right in the future to prove that post pumping depletions
will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to replace any
injurious post-pumping depletions. Upon entry of a decree in this case, the Applicants will be entitled to
apply for and receive a new well permit for the Abeyta Well No. 1, for the uses in accordance with this
Application and otherwise in compliance with C.R.S. §37-90-137. V. Remarks. A. This Application was
filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may
occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue
to tributaries of the Arkansas River system where the majority of such depletions will occur, and it is
9
Applicant’s intent to consolidate the instant matter with pending Division 2 application in Water Division
2 upon completion of publication. Applicant requests that the total amount of depletions to both the South
Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for
a finding that those replacements are sufficient. B. Applicant requests a finding that they have complied
with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal
by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant
to C.R.S. §37-90-137(9)(c.5). C. The term of this augmentation plan is for 100 years, however the length
of the plan for a particular well may be extended beyond such time provided the total plan pumping
allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only
to the extent related to that well’s actual pumping. D. The Court will retain jurisdiction over this matter to
provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to
conform to actual local aquifer characteristics from adequate information obtained from well drilling or test
holes. E. The Applicant requests a finding that vested water rights of others will not be materially injured
by the withdrawals of ground water and the proposed plan for augmentation. F. The wells shall be installed
and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing
flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as
otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division
Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of
augmentation. G. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be
located upon the Applicant’s Property. H. Applicant will comply with any lienholder notice provisions set
forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of
the filing of this application.
19CW3159 TSM FARMS, LLC, c/o Terry Miller, Manager, 25490 WCR 58, Greeley, Colorado
80631, and NORTH STERLING IRRIGATION DISTRICT, c/o James T. Yahn, Manager, P.O. Box
103, Sterling, Colorado 80751. Please send all pleadings and correspondence to Paul F. Holleman and
Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado
80302. APPLICATION FOR UNDERGROUND WATER RIGHT FOR EXISTING WELL AND TO
ADD NEW USES OF WELL TO PLAN FOR AUGMENTATION, in LOGAN AND MORGAN
COUNTIES. 2. Purpose of Application: Applicant, TSM Farms, LLC ("TSM Farms") is the owner of
Well No. 4 - Unregistered ("TSM Well No. 4"), which is an existing well decreed for irrigation use and
which is included in the plan for augmentation decreed to applicant, North Sterling Irrigation District
("North Sterling"), in Case No. 96CW1034, on July 21, 2006 ("North Sterling Augmentation Plan" or
"96CW1034 Decree"). The purpose of this application is to add commercial and stock watering uses to the
well so it can be used in the TSM Farms feedlot described in paragraph 10 below. The new commercial
and stock watering uses will be included in the North Sterling Augmentation Plan for purposes of
replacement of out-of-priority depletions from the TSM Well No. 4 associated with the new uses. The
irrigation use of the well will continue and out-of-priority depletions from that use will continue to be
covered by the North Sterling Augmentation Plan. Underground Water Right for Existing Well: 3.
Name of Well: TSM Well No. 4; WDID No. 64-06110. 4. Prior Decrees: TSM Well No. 4 was originally
decreed as "Well No. 4 - Unregistered" in Case No. W-762, entered on October 31, 1972. By decree in
Case No. 11CW75, entered on May 3, 2012, irrigation use of the well was included in the North Sterling
Augmentation Plan. Both decrees are by the District Court in and for Water Division No. 1. 5. Legal
description of point of diversion: TSM Well No. 4 is located at a point 20 feet south and 2720 feet East of
the Northwest corner of Section 11, Township 9 North, Range 52 West of the 6th P.M., Logan County,
Colorado. 6. Source: Groundwater tributary to the South Platte River. 7. Date of appropriation: August
23, 2019. 8. How appropriation was initiated: By application of water to beneficial use for commercial and
stock watering uses and by filing the application in this case. 9. Amount: 1.67 cfs (750 gpm). 10. Proposed
use: Commercial and stock watering uses in a feedlot located in the West half of Section 12 and the East
half of Section 11, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado. 11. Names
and addresses of owners or reputed owners of the land upon which any new diversion structure or storage
10
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: The well and the
feedlot where the water will be used for the new uses are on land owned by TSM Farms. Inclusion of New
Uses of Well in North Sterling Augmentation Plan: 12. Uses for TSM Well No. 4 to be added to the
North Sterling Augmentation Plan: The commercial and stock watering uses of TSM Well No. 4, described
in paragraphs 3 through 10 above. 13. Water rights to be used for augmentation pursuant to the North
Sterling Augmentation Plan: The water rights identified in paragraph 58 of the 96CW1034 Decree, which
include the following: A. The North Sterling Recharge Water Right and the North Sterling Recharge Water
Right, First Enlargement, described in paragraphs 17-34 of the 96CW1034 Decree. B. The Changed
Amount of the North Sterling Reservoir Water Right described at paragraphs 35-55 of the 96CW1034
Decree, being 15,000 acre-feet of the North Sterling Reservoir Water Right measured at the North Sterling
Inlet Ditch Headgate Flume. C. Additional sources of replacement water that may be authorized for use in
the North Sterling Augmentation Plan subject to the terms and conditions of paragraph 61.d.v.B of the
96CW1034 Decree. 14. Proposed terms and conditions: A. Out-of-priority depletions to the South Platte
River attributable to commercial and stock watering uses of TSM Well No. 4 will be replaced pursuant to
the terms of the 96CW1034 Decree. The terms and conditions for replacement of depletions from
commercial and stock watering uses of TSM Well No. 4 will be the same as those applied to the other
commercial and stock watering wells in the North Sterling Augmentation Plan. B. The effects on the South
Platte River resulting from the consumptive use of water occurring from the pumping of TSM Well No. 4
for commercial and stock watering uses will be calculated in accordance with the methodology set forth in
the 96CW1034 Decree for other commercial and stock watering uses including, but not limited to use of a
consumptive use factor of 100% for calculating depletions from commercial and stock watering uses of the
TSM Well No. 4. The proposed aquifer parameters for TSM Well No. 4 are as follows and are the same as
those determined for this well in the 11CW75 Decree, as set forth in paragraph 9.B. of that decree: (1)
Distance from river (feet) "X": 3460; (2) Width of alluvium (feet) "W": 6310; (3) Transmissivity (gpd/ft)
"T": 31400; (4) Specific yield of aquifer "S": 20%. C. Depletions attributable to commercial and stock
watering uses of TSM Well No. 4 will affect the South Platte River in that reach beginning at the Iliff and
Platte Valley Ditch headgate downstream to the Harmony No. 1 Ditch headgate, described in paragraph 60
of the 96CW1034 Decree as "Impact Reach No. 4." D. On-going out-of-priority depletions attributable to
prior pumping of TSM Well No. 4 for commercial and stock watering uses will be replaced under the North
Sterling Augmentation Plan. WHEREFORE, Applicants request the Court to enter a decree adding the
commercial and stock watering uses of water to TSM Well No. 4 and adding those uses as uses to be
augmented under the North Sterling Augmentation Plan pursuant to the terms and conditions in that plan
and the additional terms and conditions described above. (6 pages).
19CW3160 (09CW106) Eldora Enterprises LLC, c/o Brent Tregaskis, General Manager, 2861 Eldora
Ski Road, Nederland, Colorado 80466, Phone: 303-416-8670. Attorneys for Applicant: Richard A.
Johnson, David F. Bower, Michael S. Davidson, Johnson & Repucci LLP, 850 W. South Boulder Road,
Suite 100, Louisville, Colorado 80027, Phone: 303-442-1900. Application to Make Conditional Water
Right Absolute in Part and for Finding of Reasonable Diligence in BOULDER and GILPIN COUNTIES.
Overview. Eldora operates Eldora Mountain Resort on its fee property and adjacent Forest Service
property, which is located primarily in the Middle Boulder Creek basin and partially in the South Boulder
Creek basin west of the Town of Nederland in southern Boulder County (the “Resort”). Certain water
rights and ski facilities of the Resort are located in Gilpin County. A general location map of the Resort
and water facilities is attached as Exhibit A. Peterson Lake is a 221 acre-foot natural on-channel lake that
is also decreed to store 38 acre-feet of water above the natural lake level. In Case No. 09CW106, Eldora
was decreed a 259 acre-feet fully reusable water storage right for Peterson Lake, with 32.4 acre-feet
recognized as absolute and the remaining 226.6 acre-feet as conditional. By this application, Eldora seeks
to (i) make an additional 86.5 acre-feet of the subject right absolute, and (ii) continue the outstanding 140.1
acre-feet conditional right. A copy of the letter provided by Eldora’s water rights engineer, Bishop-Brogden
Associates, Inc., demonstrating that Eldora stored water in-priority in the amount claimed is attached as
11
Exhibit B. Description of Conditional Water Storage Right. Name of Structure. Peterson Lake. Original
Decree. The decree for the Peterson Lake fully reusable water storage right was entered on August 18,
2013, in Case No. 09CW106, Water Division 1. Legal Description of Reservoir. The Peterson Lake dam
centerline is located 65 feet north of the south section line and 1,354 feet east of the west section line of
Section 21, Township 1 South, Range 73 West of the 6th P.M. Decreed Amount. 32.4 acre-feet, absolute,
and 226.6 acre-feet, conditional, with the right to fill and refill. Source. Peterson Creek, and local inflows,
seepage and springs tributary to Peterson Creek, tributary to Middle Boulder Creek, tributary to Boulder
Creek, tributary to St. Vrain Creek, tributary to the South Platte River. Decreed Uses. The stored water is
used, recaptured, and reused to extinction for in-house potable and commercial uses, snowmaking,
domestic, irrigation, stock watering, wildlife, piscatorial, industrial, recreation, augmentation, replacement,
and exchange. Date of Appropriation. June 2, 2009. Claim to Make Absolute. During the spring of 2015,
118.9 acre-feet of water was stored under the Peterson Lake fully reusable water storage right. Therefore,
an additional 86.5 acre-feet of the subject right should be made absolute. Lesser amounts were also stored
under the Peterson Lake fully reusable water storage right during the subject diligence period. An
engineering letter demonstrating that Eldora filled Peterson Lake under the fully reusable water storage
right in-priority for the amount claimed is attached as Exhibit B. Claim for a Finding of Reasonable
Diligence. Eldora requests a finding of reasonable diligence for the portion of the Peterson Lake fully
reusable water storage right not made absolute in this matter. The following activities were undertaken
during the diligence period toward completion and application of the entire subject Peterson Lake fully
reusable water storage to its decreed beneficial uses. Maintenance and Operation of Peterson Lake. During
the subject diligence period, Eldora has continued to maintain and operate Peterson Lake in order to store
the subject water right, as well as other water rights decreed to be stored in Peterson Lake. As part of this
work, Eldora’s water resources engineers, Bishop-Brogden Associates, Inc. (“BBA”), have continued to
optimize storage operations in Peterson Lake. In addition, Eldora has rented and maintained pumping
equipment, and has maintained and replaced measurement and recording equipment, in order to divert and
account for inflows, outflows, and storage in the reservoir. General Engineering Costs. Since August 2013,
Eldora incurred significant expenses for general water resources consulting and engineering services. As
part of this work, BBA: (i) accounted for and coordinated the operation of Eldora’s plan for augmentation
and return flow recapture plan approved in Case Nos. 02CW400 and 08CW305, as well as the diversion
and storage of Eldora’s other water rights including the subject fully reusable storage right decreed in Case
No. 09CW106; (ii) prepared and submitted Eldora’s accounting required under Case Nos. 02CW400,
08CW305, and 09CW106 to the State Engineer’s Office; (iii) actively assisted Eldora in its acquisition of
new water rights for use at the Resort, including providing expert witness services in conjunction with
numerous cases in the Division 1 Water Court; and (iv) produced engineering reports to assist Eldora in its
long-term water rights planning. Resort Improvements and Capital Investments. Eldora has been working
with the United States Forest Service to expand the skiable terrain and to perform other improvements at
the Resort. After many years of work, on April 25, 2019, Eldora received approval to increase the amount
of snowmaking terrain in the South Boulder Creek basin. In addition, Eldora continues to expend
significant sums in supporting and improving the guest experience. In late 2017, Eldora launched the new
Alpenglow lift, a high speed six pack lift which replaced two older fixed-grip lifts on the front side of the
main mountain. Eldora is also set to acquire a new Zaugg terrain-shaping machine, which will continue to
benefit snowmaking operations. Protection of Eldora’s Existing Water Rights. To protect its existing water
rights, Eldora actively participated in water rights cases filed by other parties during the subject diligence
period. In participating in these cases, Eldora incurred significant legal and engineering expenses. Name
and Address of Landowner Upon which any New or Modified Diversion or Storage Structure is Located,
Including Any Modification to the Storage Pool. No new or modified structures are required by this
application. 8 pages.
19CW3161, Marion Stewart, P.O. Box 1140, Elizabeth, CO 80107 (James J. Petrock, Petrock Fendel
Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND
WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR
12
APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON,
DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER
DAWSON AQUIFERS, ELBERT COUNTY. 35 acres located in the S1/2NW1/4 of Section 25, T8S,
R65W of the 6th P.M., Elbert County, as described and shown on Attachment A hereto ("Subject
Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections
37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are
nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 11 acre-
feet, Lower Dawson: 8 acre-feet, Denver: 11 acre-feet, Arapahoe: 12 acre-feet, Laramie-Fox Hills: 12 acre-
feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation
purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 2.25 acre-
feet per year for 300 years of Upper Dawson aquifer groundwater as requested herein. Water rights for
augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct
discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer
water will be used through individual wells to serve up to 3 residential lots at rates of flow not to exceed 15
gpm. Each well will withdraw 0.75 acre-feet annually for inhouse use (0.4 acre-feet), irrigation of 5000
square-feet of lawn, garden, and trees (0.3 acre-feet), stockwatering of up to 4 large domestic animals (0.05
acre-feet). Applicant reserves the right to amend these 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 Applicant will replace actual depletions to the affected
stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream
system. Return flows accrue to the South Platte River via Running Creek and those return flows are
sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will
reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping
augmentation requirements. Further, Applicant prays that this Court grant the application and for such other
relief as seems proper in the premises.(6 pages).
19CW3162 (2006CW278) Genesee Water & Sanitation District (“Genesee”) Scott Jones, Manager,
2310 Bitterroot Lane, Golden, Colorado 80401 (c/o Richard J. Mehren, John Peckler, Moses,
Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Blvd., Suite 300, Boulder, Colorado 80302)
APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY 2. Name
of structure: Genesee Augmentation Reservoir No. 2. 3. Description of conditional water right: 3.1 Original
decree: August 2, 2013, Case No. 06CW278, District Court, Water Division No. 1. 3.2 Subsequent decrees
granting findings of reasonable diligence: N/A. 3.3 Legal description: The dam is located in the SE1/4 of
Section 25, T4S, R71W of the 6th P.M. The dam impounds the stream channel in the SE1/4 SE1/4 of
Section 25, T4S, R71W of the 6th P.M. approximately 639 feet north of the South section line and 230 feet
west of the East section line of said Section 25 (UTM coordinates: 476258.1 easting, 4391023.5 northing,
NAD 83, Z13). A map depicting the location of Genesee Augmentation Reservoir No. 2 is attached as
Exhibit A. 3.4 Source: Unnamed gulch, tributary to Cold Springs Gulch, tributary to Bear Creek, tributary
to the South Platte River. 3.5 Appropriation date: April 26, 2005. 3.6 Amount: 101 acre-feet,
CONDITIONAL with a right to fill when in priority so long as no more than 101 acre-feet is diverted and
stored under the Subject Water Right in any single water year, including the right to fill continuously and
intermittently when water is physically and legally available and as reservoir space permits. 3.7 Use:
Recreation, irrigation, domestic and all municipal purposes including, without limitation, fire protection,
irrigation, commercial and industrial use, recreation purposes, fish and wildlife propagation, stock watering,
reservoir evaporation replacement, exchange, replacement and augmentation purposes. No reuse shall be
allowed. 4. Outline of work and expenditures during the diligence period toward completion of the
appropriation and application of water to beneficial use: The conditional water right for Genesee
Augmentation Reservoir No. 2 described in paragraph 3 above is referred to in this application as the
“Subject Water Right.” The Genesee Augmentation Reservoir No. 2 is a fully constructed and operational
water storage reservoir. The Subject Water Right is part of Genesee’s extensive integrated system for
13
treating and delivering drinking water to residents of a large residential and business development in
Jefferson County, Colorado. “When a project or integrated system is comprised of several features, work
on one feature of the project or system shall be considered in finding that reasonable diligence has been
shown in the development of the water rights for all features of the entire project or system.” C.R.S. § 37-
92-301(4)(b). The diligence period for the Subject Water Right is August 2013 through August 2019
(“Diligence Period”). During the Diligence Period, Genesee worked to develop the Subject Water Right,
complete the appropriation, and place the water to beneficial use, as demonstrated by the following
representative but non-exhaustive list of activities and expenditures: 4.1 Between August 2, 2013 and
December of 2014, Genesee spent $490,000 upgrading its existing water treatment facility by, among other
things, replacing the control console and filter media and installing ultra-violet disinfection equipment and
a new telemetry system. These upgrades were necessary in order for Genesee to continue to operate and
meet water quality parameters until Genesee’s new advanced water treatment facility could be completed.
Between July of 2014 and March of 2018, Genesee spent approximately $11,009,000 on the engineering
and construction of its new advanced water treatment facility with finished water pumping capabilities.
Once Genesee’s new advanced water treatment facility went online, the existing water treatment facility
was decommissioned. Genesee also expended $410,455 relocating and replacing four pressure reducing
stations within its water delivery system. Genesee replaced the two pumps, motors, drives, and controls
for two pumping stations at a cost of $1,076,978; and is in the process of installing a third pump, motor,
drive, and control at each pumping station for a cost to date of $57,742. On the customer end, Genesee
upgraded more than 1,300 customer water meters with radio-read meters and software to improve water
accounting for a total cost of $450,000. Further, Genesee spent $1,450,000 to construct a new
administration and shop complex adjacent to the new advanced water treatment facility. In total, Genesee
spent approximately $14,944,175 on capital expenditures to replace or improve its integrated water supply
system. 4.2 Genesee incurred $7,344,571 in expenses for the operation, maintenance, and repair of its
drinking water and wastewater collection, treatment, and delivery systems. 4.3 Genesee spent
approximately $125,009 on legal and engineering fees to protect, develop, and manage its water rights
portfolio that includes the Subject Water Right. Such expenses include: (i) filing and prosecuting
statements of opposition in Water Court to protect Genesee’s water rights, including the Subject Water
Right; (ii) preparing and prosecuting Water Court applications to maintain Genesee’s water rights; (iii)
developing and maintaining accounting records for its water rights portfolio, including the Subject Water
Right; and (iv) engineering support for all of the above. 5. Names and addresses of owner(s) of the land
upon which any new diversion or storage structure, or modification to any existing diversion or storage
structure is or will be constructed or upon which water is or will be stored: Genesee is the owner of the
land where the Genesee Augmentation Reservoir No. 2 is located and where the Subject Water Right will
be stored. 6. Additional remarks: Genesee has other water rights that can be stored in Genesee
Augmentation Reservoir No. 2. Those other water rights are not the subject of this application and
therefore, this application has no effect on Genesee’s right to use water rights not specifically identified in
this application. WHEREFORE, Genesee respectfully requests that the Court enter a decree finding that
Genesee has exercised reasonable diligence toward completing the appropriation of the Subject Water Right
and placing the water to beneficial use; and continuing the Subject Water Right in full force and effect for
an additional diligence period. (6 pages including exhibit)
19CW3163, Stanley and Valerie Koziel, 11478 Hilltop Road, Parker, CO 80134 (James J. Petrock,
Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR
UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY
SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY
LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT
NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 35 acres located in the
S1/2S1/2 of Section 16, T7S, R65W of the 6th P.M., Douglas County, as described and shown on
Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not
nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe
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and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated
Amounts: Upper Dawson: 12 acre-feet, Lower Dawson: 4 acre-feet, Denver: 13 acre-feet, Arapahoe: 14
acre-feet, Laramie-Fox Hills: 9 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock
watering, fire protection, and augmentation purposes, including storage, both on and off the Subject
Property. Groundwater to be augmented: 4 acre-feet per year of Upper Dawson aquifer groundwater as
requested herein. Water rights for augmentation: Return flows from the use of not nontributary and
nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for
augmentation: The Upper Dawson aquifer groundwater will be used on the Subject Property for in-house
use in two residences, irrigation, including in greenhouses, stockwatering and fire protection, through a new
or existing well (Permit No. 143179-A). Applicants reserve the right to amend the values without amending
the application or republishing the same. Sewage treatment for in-house use will be provided by a non-
evaporative septic system and return flow from in-house use and irrigation use will be approximately 90%
and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected
stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream
system. Return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient
to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an
equal amount of nontributary groundwater underlying the Subject Property to meet post pumping
augmentation requirements. Further, Applicants pray that this Court grant the application and for such other
relief as seems proper in the premises.(6 pages).
19CW3164 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER
BOARD, c/o Jennifer Petrzelka, Water Resources Operations Manager, 1001 11th Avenue, Second
Floor, Greeley, Colorado 80631. Attorneys: Carolyn F. Burr, James M. Noble, Jens Jenson, Welborn
Sullivan Meck & Tooley, P.C., 1125 17th Street, Suite 2200, Denver, Colorado, 80202, and Daniel J. Biwer,
Greeley City Attorney’s Office, 1100 10th Street, Suite 401, Greeley, Colorado 80631. APPLICATION
FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART IN WELD
COUNTY. 2. General Description of the Application. This application concerns the conditional
groundwater rights (“Conditional Groundwater Rights”), conditional surface water storage rights
(“Conditional Storage Rights”), and conditional appropriative rights of exchange (“Conditional
Exchanges”) decreed and more particularly described in Case Number 2011CW60, District Court, Water
Division No. 1. The Conditional Groundwater Rights, Conditional Storage Rights, and Conditional
Exchanges were decreed to operate in conjunction with the plan for augmentation also decreed in Case
Number 2011CW60 for irrigation and other related uses at the Linn Grove Cemetery in Greeley, Colorado.
All legal descriptions in this application are from the 6th P.M. in Weld County. Conditional Groundwater
Rights. 3. Names of the Conditional Groundwater Rights Structures and Permit Numbers. a. Linn Grove
Well A. Permit Number 75297-F. b. Linn Grove Well B. Permit No. 75724-F. c. Linn Grove Well C.
Greeley has not yet filed a permit application for this well. d. Linn Grove Well D. Greeley has not yet filed
a permit application for this well. 4. Description of the Conditional Groundwater Rights. a. Date of Original
Decree. Findings of Fact, Conclusions of Law, Judgment, and Decree of the Water Court, Case No.
2011CW60, District Court, Water Division No. 1, entered on August 17, 2013. b. Legal Descriptions. The
Conditional Groundwater Rights involve the following structures, the general locations of which are shown
on the map attached hereto as Exhibit A. i. Linn Grove Well A: The actual location of Linn Grove Well A
is in the Northeast Quarter of the Southwest Quarter, Section 10, Township 5 North, Range 65 West, at a
location 1,893 feet from the south section line and 1,285 feet from the west section line. ii. The Linn Grove
Well B: The actual location of Linn Grove Well B is in the Northeast Quarter of the Southeast Quarter,
Section 9, Township 5 North, Range 65 West, at a location 1,400 feet from the south section line and 570
feet from the East section line. iii. Linn Grove Well C: The proposed location of Linn Grove Well C is in
the Northeast Quarter of the Southwest Quarter of Section 10, Township 5 North, Range 65 West. iv. Linn
Grove Well D: The proposed location of Linn Grove Well D is in the Northeast Quarter of the Southwest
Quarter of Section 10, Township 5 North, Range 65 West. c. Source of Water. The source of water for the
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wells in this application is tributary groundwater from the alluvium of the Cache la Poudre River. d. Depths.
i. Linn Grove Well A is approximately 82 feet in depth. ii. Linn Grove Well B is approximately 43 feet in
depth. iii. Linn Grove Well C is a proposed well with an unknown depth. iv. Linn Grove Well D is a
proposed well with an unknown depth. e. Dates of Appropriation and Amounts. i. Linn Grove Well A; April
6, 2011, 450 g.p.m., conditional. ii. Linn Grove Well B; April 6, 2011, 450 g.p.m., conditional. iii. Linn
Grove Well C; March 22, 2010, 500 g.p.m., conditional. iv. Linn Grove Well D; March 22, 2010, 500
g.p.m., conditional. v. The cumulative volume of water pumped under the water rights decreed to Linn
Grove Wells A, B, C, and D is limited to 366 acre-feet per year. f. Uses. The water may be used directly
and by storage in Linn Grove Ponds Nos. 1 and 2 for irrigation, replacement of seepage and evaporative
losses from the ponds, and aesthetic purposes at Linn Grove Cemetery. The total number of acres irrigated
by the wells is approximately 54.2 acres at the Cemetery, which is located in Sections 9 and 10, Township
5 North, Range 65 West. The location of the irrigated area at Linn Grove Cemetery is also depicted on the
map attached hereto as Exhibit A. Conditional Storage Rights. 5. Names of Structures. a. Linn Grove
Pond No. 1. b. Linn Grove Pond No. 2. 6. Description of Conditional Storage Rights. a. Original Decree.
Findings of Fact, Conclusions of Law, Judgment, and Decree of the Water Court, Case No. 2011CW60,
District Court, Water Division No. 1, entered on August 17, 2013. b. Legal Descriptions. i. Linn Grove
Pond No. 1 is in the Northwest Quarter of the Southwest Quarter of Section 10, Township 5 North, Range
65 West, the center point of which is located approximately 2,545 feet from the south section line and
approximately 608 feet from the west section line of Section 10. ii. Linn Grove Pond No. 2 is in the
Northeast Quarter of the Southeast Quarter of Section 9, and the Northwest Quarter of the Southwest
Quarter of Section 10, Township 5 North, Range 65 West, the center point of which is located
approximately 2,522 feet from the south section line and approximately 83 feet from the east section line
of Section 9. c. Source of Water. The source of water is surface water inflows from irrigation at the Linn
Grove Cemetery, and precipitation and stormwater runoff collected in the ponds that is tributary to the
Cache la Poudre River, a tributary of the South Platte River. The Ponds are constructed above the
groundwater table, and do not intercept groundwater. d. Dates of Appropriation and Amounts. i. Linn Grove
Pond No. 1; July 31, 2002, 0.50 acre-feet with the right to refill, conditional. ii. Linn Grove Pond No. 2;
December 31, 1982, 4.00 acre-feet with the right to refill, conditional. e. Surface Area at High Water Line.
i. Linn Grove Pond No. 1; 0.08 acres. ii. Linn Grove Pond No. 2; 0.67 acres. f. Total Capacity of Reservoirs.
i. Linn Grove Pond No. 1; 0.50 acre-feet. ii. Linn Grove Pond No. 2; 4.00 acre-feet. g. Uses. Irrigation The
water collected in Linn Grove Ponds Nos. 1 and 2 may be used for irrigation, replacement of seepage and
evaporative losses, and aesthetic purposes at the Linn Grove Cemetery, with the right to fill and re-fill the
ponds repeatedly. The total number of acres irrigated by the ponds is approximately 54.2 acres at the
Cemetery, which is located in Sections 9 and 10, Township 5 North, Range 65 West. Conditional
Exchanges. 7. Description of the Conditional Exchanges. a. Original Decree. Findings of Fact, Conclusions
of Law, Judgment, and Decree of the Water Court, Case No. 2011CW60, District Court, Water Division
No. 1, entered on August 17, 2013. b. Legal Location of the Conditional Exchanges. i. Exchange To Point.
The upstream point to which replacement water may be exchanged (“Exchange To Point”) is the point of
depletion for the wells included in the plan for augmentation decreed in Case No. 2011CW60, which point
is approximately one mile downstream of the Ogilvy Ditch headgate, in Section 10, Township 5 North,
Range 65 West. ii. Exchange From Points. The downstream points from which replacement water may be
discharged (“Exchange From Points”) are described below. a) Lonetree (Swift) Industrial Wastewater
Treatment Outfall; located on Lone Tree Creek approximately one mile upstream of the confluence of that
creek and the South Platte River in Section 31, Township 6 North, Range 64 West. b) 16th Street Release
Structure; located in the NW1/4 of the SE1/4 of Section 10, Township 5 North, Range 65 West, at a point
approximately 1,950 feet west of the east section line and 2,600 feet south of the north section line of said
Section 10, and which discharges into the Cache la Poudre River in the NE1/4 of the NE1/4 of Section 10
at a point approximately 50 feet west of the east section line and 1,100 feet south of the north section line
of said Section 10. c) Lawn Irrigation Return Flow Sector 9 accruing to the Cache la Poudre River as
designated in the decree entered by the District Court for Water Division No. 1 on February 6, 1990 in Case
No. 87CW329 as follows: Return Flow Sector 9: Cache la Poudre River downstream of the headgate of the
16
Boyd and Freeman Ditch headgate, the decreed location of which is on the South side of the Cache la
Poudre River on Section Thirty-Four (34), Township Six (6) North, Range Sixty-Six (66) West, to a point
at the confluence of the Cache la Poudre River and the South Platte River, located in the Southwest Quarter
of the Southwest Quarter of Section 6, Township 5 North, Range 64 West. d) Confluence of the Cache la
Poudre and South Platte Rivers. Water will be released from the Lower Equalizer Reservoir Nos. 1 and 2
pursuant to the water rights claimed by Greeley in Case No. 2005CW326, from the Milliken Wastewater
Treatment Plant outfall, from the Evans Hill-N-Park Wastewater Treatment Plant outfall, or from the Evans
Wastewater Treatment Plant Outfall, and delivered down the Big Thompson and/or South Platte Rivers to
said confluence. In addition, lawn irrigation return flows will accrue to the Big Thompson River and be
delivered down the Big Thompson and South Platte Rivers to said confluence. The above-described
reservoirs, treatment plants, and lawn irrigation return flow sectors are proposed to be located or are located
as follows: 1) Lower Equalizer Reservoir 1: an on-channel reservoir to be located on an unnamed tributary
of the Big Thompson River in the NE1/4 of Section 31, Township 5 North, Range 66 West, 6th P.M. 2)
Lower Equalizer Reservoir 2: a reservoir to be located on an unnamed drainage, tributary to the Big
Thompson River in the NW1/4 of Section 36, Township 5 North, Range 67 West, 6th P.M. 3) Milliken
Wastewater Treatment Plant outfall: located on the Big Thompson River in Section 1, Township 4 North,
Range 67 West, 6th P.M. 4) Evans Hill-N-Park Wastewater Treatment Plant outfall: located on the South
Platte River in Section 36, Township 5 North, Range 66 West, 6th P.M. 5) Evans Wastewater Treatment
Plant outfall; located on the South Platte River in Section 21, Township 5 North, Range 65 West. 6) Lawn
Irrigation Return Flow Sector 7 accruing to the Big Thompson River as designated in the decree entered by
the District Court for Water Division No. 1 on February 6, 1990 in Case No. 87CW329 as follows: Return
Flow Sector 7: Big Thompson River and South Platte River downstream of the headgate of the Evans Town
Ditch, located on the North side of the Big Thompson River in the Northwest Quarter of the Northwest
Quarter (NW1/4 NW1/4) of Section Four (4), Township Four (4) North, Range Sixty-Six (66) West, to a
point at the confluence of the Cache la Poudre River and the South Platte River, located in the Southwest
Quarter of the Southwest Quarter of Section 6, Township 5 North, Range 64 West. c. Appropriation Date
and Amounts. April 6, 2011; the maximum cumulative exchange rate for all exchanges is 0.74 c.f.s.,
conditional. Finding of Diligence. 8. Integrated System. The Conditional Groundwater Rights, Conditional
Storage Rights, and Conditional Exchanges decreed in Case No. 2011CW60 were and are conceived and
planned to be operated as a component of Greeley’s municipal water supply system, which is an integrated
system comprised of several different water rights, features, and facilities. Work on one or more features
of this integrated system constitutes effort toward development of the water rights for all features of the
system. 9. 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 rounded to the nearest thousand
dollars. a. Greeley Non-Potable System. The wells and ponds described in this application constitute part
of Greeley’s non-potable water system, which also includes rights in the Greeley-Loveland canal system
and the Greeley Canal No. 3. Greeley utilizes its non-potable water supplies for irrigation, augmentation,
and to maintain historical return flow obligations. i. Greeley spent approximately $95,000 annually during
this diligence period on parts, maintenance, and repairs to its non-potable system. ii. Greeley spent
approximately $8,000 in October 2014 to dredge Linn Grove Pond No. 2 and work bentonite into the base
of the structure. iii. Greeley spent approximately $825 in July 2019 on well testing at the Linn Grove
Cemetery. b. Greeley’s Water Pollution Control Facility (“WPCF” or “Greeley WPCF”). The following
activities and structure improvements facilitate Greeley’s ability to treat, deliver, and use water rights
changed for municipal purposes, which results in the release of fully consumable effluent from the Greeley
WPCF that may be exchanged and used for augmentation. i. During this diligence period, Greeley
completed a project to study, design and construct centrate treatment and nutrient removal processes at the
WPCF. The project resulted in the installation of a dewatering centrifuge and sludge cake pump, and cost
approximately $6,620,000. ii. Greeley added a second dewatering centrifuge at the WPCF during 2013 and
2014, to serve as the primary unit to an aging centrifuge that was installed in 1994. The approximate cost
of this project was $1,969,000. iii. In 2014, Greeley replaced two primary digester covers and installed
mixing systems for the primary digesters, a broiler heating system for the WPCF and sludge thickening
17
equipment. It also converted a sludge storage tank into a third primary digester. The approximate cost of
this project was $10,260,000. iv. Greeley replaced six turbo blowers at the WPCF in 2018, at an
approximate cost of $2,584,000. v. Greeley replaced existing programmable logic controllers, ancillary
equipment, communication cables and the control system for the SCADA (Supervisory Control and Data
Acquisition) system in 2018 and 2019. The approximate cost of this project was $1,883,000. vi. Greeley
spent approximately $1,973,000 during 2018 and 2019 on an ongoing effort to upgrade four aeration basins
at the WPCF that assist with biological nutrient reduction. c. Work by Greeley Staff, Outside Counsel, and
Consultants. Greeley expended significant amounts of time and money through its participation as an
objector in a number of Division 1 Water Court cases during this diligence period, to prevent injury to these
and other of its vested and decreed water rights in the Big Thompson, Cache la Poudre, and South Platte
River basins. Claims to Make Absolute. 10. Groundwater Rights. a. Greeley operated Linn Grove Well
B, at a maximum rate of 36.9 g.p.m. during September and October 2013. Greeley therefore claims 36.9
g.p.m. of the groundwater right decreed to Linn Grove Well B absolute. See Tables 1 and 2 of the summary
accounting attached hereto as Exhibit B. 11. Storage Rights. a. Greeley stored a maximum of 0.05 acre-feet
under the Linn Grove Pond No. 1 storage right in 2014 and 2015. Greeley therefore claims 0.05 acre-feet
of the storage right decreed to Linn Grove Pond No. 1 absolute. See Table 5 on Exhibit B. b. Greeley stored
a maximum of 5.6 acre-feet under the Linn Grove Pond No. 2 storage right in 2014 and 2015. Greeley
therefore claims 4 acre-feet of the storage right decreed to Linn Grove Pond No. 2 absolute in its entirety,
and 1.6 acre-feet of the right to refill absolute. See Table 6 on Exhibit B. 12. Remaining Conditional Rights.
The rights decreed in Case No. 2011CW60 and not made absolute remain conditional in the following
amounts. a. Groundwater Rights. i. Linn Grove Well A; 450 g.p.m. remains conditional. ii. Linn Grove
Well B; 413.1 g.p.m. remains conditional. iii. Linn Grove Well C; 500 g.p.m. remains conditional. iv. Linn
Grove Well D; 500 g.p.m. remains conditional. b. Storage Rights. i. Linn Grove Pond No. 1; 0.45 acre-feet
of the initial fill remains conditional. The right to refill remains wholly conditional. ii. Linn Grove Pond
No. 2; 2.4 acre-feet of the right to refill remains conditional. c. Greeley did not operate the Conditional
Exchanges during this diligence period. All of the Conditional Exchanges remain wholly conditional. 13.
Names and addresses of owners or reputed owners of the land upon which any new diversion or storage
structure, or modification to any existing diversion or storage structure is or will be constructed or upon
which water is or will be stored. The relevant structures identified in this Application are located on lands
owned by the Applicant. WHEREFORE, Greeley requests the Court enter a decree finding that Greeley
satisfied the statutory standard of steady application of effort to complete the above described
appropriations in a reasonably expedient and efficient manner under all the facts and circumstances, that
Greeley exercised reasonable diligence toward completion of the above described appropriations during
this diligence period. Greeley also requests that the Court continue the subject water rights remaining
conditional for another diligence period of six years and find that the water rights described in ¶¶ 10 and 11
have been made absolute in the amounts claimed. [12 pages].
19CW3165 (80CW355, 89CW122, 01CW197, 03CW405, 11CW242) Northern Colorado Water
Conservancy District (“Northern Water”), c/o Luke Shawcross, 220 Water Avenue, Berthoud,
Colorado 80513, Telephone: 1-800-369-7246, [email protected]. Please send all
pleadings and correspondence to attorneys for Applicant: Douglas M. Sinor and William Davis Wert of
TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963;
E-Mail: [email protected], [email protected]. APPLICATION FOR FINDING OF
REASONABLE DILIGENCE, in LARIMER and WELD COUNTIES. 1. Name, mailing address,
email address, and telephone number of applicant: See above. 2. Application Overview: A. This
Application seeks a finding of reasonable diligence for the portions of two conditional water storage rights
owned by Northern Water. The two conditional water rights were originally decreed in Case No. 80CW355
to Grey Mountain Dam and Reservoir and the Cache la Poudre Forebay Dam and Reservoir. Subsequent
findings of reasonable diligence were decreed in Case Nos. 89CW122 (consolidated with Case Nos.
85CW206, 85CW207, 85CW208, 85CW209, and 85CW210), 01CW197, and 11CW242. In Case No.
03CW405, the Water Court, Division 1, granted Northern Water’s application to change the two conditional
18
water rights to add Glade Dam and Reservoir as an alternate place of storage for the Grey Mountain Dam
and Reservoir right, add Glade Forebay Dam and Reservoir as an alternate place of storage for the Cache
la Poudre Forebay Dam and Reservoir right, and add the Poudre Valley Canal Diversion and North Poudre
Supply Canal Diversion Works (a/k/a Munroe Canal) as alternate diversion points for both rights. B. Until
2014, Northern Water owned an undivided seven-eights (7/8) interest, and the Cache la Poudre Water Users
Association (“CLPWUA”) owned an undivided one-eighth (1/8) interest, in each of the Grey Mountain
Dam and Reservoir and Cache la Poudre Forebay Dam and Reservoir conditional water storage rights. By
a Partition Agreement dated October 10, 2014, and recorded with the Larimer County Clerk & Recorder at
Reception No. 20140061377 (“Partition Agreement”), Northern Water and CLPWUA agreed to partition
their fractional undivided interests in the two conditional water storage rights and to convey quitclaim deeds
between each other (recorded with the Larimer County Clerk & Recorder at Reception Nos. 20140061378
and 20140061379). Pursuant to the Partition Agreement, Northern Water is the sole owner of 192,500 acre-
feet of storage in the conditional Grey Mountain Dam and Reservoir right, with alternate place of storage
in Glade Reservoir and alternate diversion points as defined and described in the 03CW405 Decree (“Dam
and Reservoir Right”), and 4,725 acre-feet of storage in the conditional Cache la Poudre Forebay Dam and
Reservoir right, with alternate place of storage in Glade Forebay Dam and Reservoir and alternate diversion
points as defined and described in the 03CW405 Decree (“Forebay Right”). Northern Water also holds the
right to divert 7/8 of the water physically and legally available under the two water rights at the originally
decreed points of diversion, with alternate points of diversion at the Poudre Valley Canal and the North
Poudre Supply Canal as defined and described in the 03CW405 Decree. The Partition Agreement provided
that Northern Water and CLPWUA each would be responsible for its own diligence filings in Water Court
for its respective portions of the partitioned conditional water storage rights. C. By this Application,
Northern Water requests a finding of reasonable diligence for its conditional Dam and Reservoir Right and
Forebay Right (“Subject Water Rights”). This Application does not seek any findings or determinations
regarding the portions of the partitioned conditional water rights owned by CLPWUA. 3. Description of
Conditional Subject Water Rights: A. Name of Structure: Grey Mountain Dam and Reservoir.
i. Original Decree: Date of Decree: August 20, 1985. Case No.: 80CW355. Court: Water Court, Division 1.
Remark: Originally decreed to Grey Mountain Dam and Reservoir. ii. Subsequent Decrees Finding
Diligence: Date of Decree: August 9, 1995. Case No.: 89CW122. Court: Water Court, Division 1. Remark:
Case was consolidated with Case Nos. 85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date
of Decree: November 8, 2005. Case No.: 01CW197. Court: Water Court, Division 1. Date of Decree:
August 7, 2013. Case No.: 11CW242. Court: Water Court, Division 1. iii. Other Relevant Decree: Date of
Decree: July 21, 2006. Case No.: 03CW405. Court: Water Court, Division 1. Remark: Change decree to
add Glade Dam and Reservoir as an alternate place of storage and the Poudre Valley Canal and North
Poudre Supply Canal Diversion Works (a/k/a Munroe Canal) as alternate points of diversion. iv. Legal
Descriptions of Original and Alternate Reservoir Locations and Points of Diversion: a. Original Location
and Point of Diversion (Grey Mountain Dam and Reservoir): A dam axis located in Section 9, T8N, R70W,
6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the West
line of the Northeast 1/4 of said Section 9 as bearing South 00°28’33” East as determined by solar
observation, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of
the Northeast 1/4 of said Section 9; thence South 27°19’28” East 502.44 feet to a point on the centerline of
said dam with axis bearing North 87°32’26” East, said point also being at the intersection of the centerline
of the Cache La Poudre River Channel as it existed at the time the original application was filed. b. Alternate
Location (Glade Dam and Reservoir): A dam axis located in Sections 11, 12, and 13, T8N, R70W, 6th P.M.,
Larimer County, Colorado, Beginning at a point, which is the terminal point of the dam’s left abutment,
from which the Southwest corner of Section 12, T8N, R70W of the 6th P.M. bears North 88°14’55” West,
a distance of 1879.6 feet. From said point, the axis of the dam bears North 65°04’43” West, a distance of
729.9 feet to a point on the dam axis. From said point, the axis of the dam bears North 14°49’34” West, a
distance of 1021.7 feet to a point on the dam axis. From said point, the axis of the dam bears North
21°39’51” West, a distance of 3383.8 feet to the terminal point of the dam’s right abutment. The proposed
Glade Dam and Reservoir will inundate portions of the Northwest and Southwest Quarters of Sections 19,
19
30, and 31, T9N, R69W, 6th P.M.; the Northwest and Southwest Quarters of Section 6 and the Northwest
Quarter of Section 7, T8N, R69W, 6th P.M.; the Southeast Quarter of Section 24, the Northeast, Southeast,
and Southwest Quarters of Section 25, and all Quarters of Section 36, T9N, R70W, 6th P.M.; and all
Quarters of Section 1, the Northeast and Southeast Quarters of Section 2, the Northeast and Southeast
Quarters of Section 11, all Quarters of Section 12, and the Northwest Quarter of Section 13, T8N, R70W,
6th P.M. c. Alternate Points of Diversion: 1. Poudre Valley Canal Diversion: The Poudre Valley Canal
Diversion is located on the Cache la Poudre River at a point 1,000 feet north of the south section line and
150 feet east of the west section line in the Southwest quarter of Section 10, T8N, R70W, 6th P.M. Water
would be conveyed through an enlarged Poudre Valley Canal for a distance of approximately 10,800 feet
to the Glade Reservoir Forebay. Water would then be pumped from the forebay into Glade Reservoir.
2. North Poudre Supply Canal Diversion Works (a/k/a/ Munroe Canal): The North Poudre Supply Canal
Diversion is located on the Cache la Poudre River at a point 1,900 feet south of the north section line and
2,100 feet west of the east section line in the Northeast quarter of Section 5, T8N, R70W, 6th P.M. Water
would be conveyed through the North Poudre Supply Canal for a distance of approximately 19,400 feet to
the Glade Reservoir forebay. The water would then be pumped into Glade Reservoir. 3. Pursuant to the
decree entered in Case No. 03CW405, the total combined rate of diversion at the alternate points of
diversion is 3,000 cfs. v. Source: Cache la Poudre River and its tributaries, all of said waters being tributary
to the South Platte River. vi. Appropriation Date: May 2, 1980. vii. Northern Water’s Amount: 192,500
acre-feet, conditional. viii. Uses: Irrigation, municipal, domestic, industrial, and production of electrical
power and energy. B. Name of Structure: Cache la Poudre Forebay Dam and Reservoir. i. Original Decree:
Date of Decree: August 20, 1985. Case No.: 80CW355. Court: Water Court, Division 1. Remark: Originally
decreed to Cache la Poudre Forebay Reservoir. ii. Subsequent Decrees Finding Diligence: Date of Decree:
August 9, 1995. Case No.: 89CW122. Court: Water Court, Division 1. Remark: Case was consolidated with
Case Nos. 85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date of Decree: November 8, 2005.
Case No.: 01CW197. Court: Water Court, Division 1. Date of Decree: August 7, 2013. Case No.:
11CW242. Court: Water Court, Division 1. iii. Other Relevant Decree: Date of Decree: July 21, 2006. Case
No.: 03CW405. Court: Water Court, Division 1. Remark: Change decree to add Glade Forebay Dam and
Reservoir as an alternate place of storage and the Poudre Valley Canal and North Poudre Supply Canal
Diversion Works (a/k/a Munroe Canal) as alternate points of diversion. iv. Legal Descriptions of Original
and Alternate Reservoir Locations and Points of Diversion: a. Original Location (Cache la Poudre Forebay
Dam and Reservoir): A dam axis located in Section 36, T9N, R71W, 6th P.M., Larimer County, Colorado,
being more particularly described as follows: Considering the West line of the Northwest 1/4 of said Section
36 as bearing North 04°32’13” West as determined by solar observation, and with all bearings contained
herein relative thereto; Beginning at the Northwest corner of the Northwest 1/4 of said Section 36; thence
South 63°45’28” East 1937.95 feet to a point on the centerline of said dam with axis bearing North
53°57’35” East. b. Original Point of Diversion (Cache la Poudre Forebay Dam and Reservoir): Intake “Y”:
An intake point located in Section 31, T9N, R70W, 6th P.M., Larimer County, Colorado, being more
particularly described as follows: Considering the South line of the Southwest Quarter of said Section 31
as being North 89°51’00” East and with all bearings contained herein relative thereto: Beginning at the
Southwest Quarter of said Section 31; thence along the South line of the Southwest Quarter of said Section
31 North 89°51’00” East 1427.89 feet; thence departing said South line North 00°09’00” West 499.20 feet
to said intake point. c. Alternate Location (Glade Forebay Dam and Reservoir): A forebay reservoir located
in the Southeast 1/4 of Section 11, T8N, R70W, 6th P.M., Larimer County, Colorado. d. Alternate Points
of Diversion: 1. Poudre Valley Canal Diversion: Section 3.A.iv.c.1, supra. 2. North Poudre Supply Canal
Diversion Works (a/k/a/ Munroe Canal): Section 3.A.iv.c.2, supra. 3. Pursuant to the decree entered in Case
No. 03CW405, the total combined rate of diversion at the alternate points of diversion is 3,000 cfs.
v. Source: Cache la Poudre River and its tributaries, all of said waters being tributary to the South Platte
River. vi. Appropriation Date: May 2, 1980. vii. Northern Water’s Amount: 4,725 acre-feet, conditional.
viii. Uses: Irrigation, municipal, domestic, industrial, and production of electrical power and energy.
C. Pursuant to the decrees entered in Case Nos. 89CW122 and 03CW405, the storage volumes decreed to
the Grey Mountain Dam and Reservoir water right and the Cache la Poudre Forebay Dam and Reservoir
20
water right may not be separately aggregated. The cumulative annual volume of total storage under those
rights is limited to the total volume decreed to the Grey Mountain Dam and Reservoir water right, 220,000
acre-feet. Cumulative annual storage of water under Northern Water’s portion of the Subject Water Rights
pursuant to the Partition Agreement is limited to 192,500 acrefeet. 4. Detailed outline of what diligent
effort has been undertaken toward completion of the appropriation: A. The Subject Water Rights are
part of the Poudre Project, an integrated diversion project designed to provide water and related benefits to
the water users within Northern Water by diverting unappropriated water from the Cache la Poudre River
and storing that water in order to increase the amount of water available for beneficial uses within the
boundaries of Northern Water. B. The Subject Water Rights and the other water supply features of the
Poudre Project were conceived and planned, and are intended to be constructed and operated, as component
parts of a common plan and scheme of development and thus comprise an integrated water supply system.
Work on one feature of the Poudre Project shall be considered in finding that reasonable diligence has been
shown in the development of water rights for all features of the entire Poudre Project. C.R.S. § 37-90-
301(4)(b); see also Findings of Fact, Conclusions of Law, Judgment and Decree, ¶ 8, No. 01CW197 (Colo.
Dist. Ct. Water Div. No. 1 Nov. 8, 2005); Findings of Fact, Conclusions of Law, Ruling of the Referee and
Decree of the Water Court, ¶ 7, No. 11CW242 (Colo. Dist. Ct. Water Div. No. 1 Aug. 7, 2013). C. The
Subject Water Rights also have been incorporated into a regional water supply project known as the
Northern Integrated Supply Project, or NISP, to allow a portion of the associated water rights to be used as
part of NISP. NISP is a regional water supply project proposed by Northern Water and pursued by the NISP
Water Activity Enterprise, a government-owned business within the meaning of Article X, § 20(2)(d) of
the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq. and owned by Northern
Water (“NISP Enterprise”), on behalf of numerous cities, towns, and water districts (“NISP Participants”)
that will use the Subject Water Rights and other water rights to provide approximately 40,000 acre-feet of
reliable water supply per year to the NISP Participants. The remaining portion of the Subject Water Rights
that are not associated with NISP will serve future demands within the boundaries of Northern Water.
D. The Subject Water Rights thus also are planned and intended to be constructed and operated as
component parts of a common plan and scheme of development for NISP and thus comprise part of an
integrated water system for NISP. Work on one feature of NISP shall be considered in finding that
reasonable diligence has been shown in the development of all water rights of NISP, including the Subject
Water Rights. C.R.S. § 37-90-301(4)(b). E. During the diligence period from August 2013 through August
2019, Northern Water and NISP Enterprise have expended approximately 25 million dollars and allocated
substantial resources towards the permitting, design, and development of the Poudre Project and NISP. The
following paragraphs describe examples of some of the more significant activities that support a finding of
reasonable diligence with respect to the Subject Water Rights: i. NISP Enterprise has applied for numerous
federal, state, and local permits or approvals as part of NISP. For example, NISP Enterprise applied for a
Clean Water Act (CWA) Section 404 permit from the U.S. Army Corps of Engineers for the construction
of NISP in 2004, and during the diligence period has engaged with the Corps in furtherance of that permit
application. The Corps issued a supplemental draft environmental impact statement (SDEIS) under the
National Environmental Policy Act (NEPA) in 2015 and issued a final environmental impact statement
(FEIS) in 2018. The permit application remains pending as of the date of this Application. NISP Enterprise
also applied for CWA Section 401 certification from the Colorado Department of Public Health and
Environment (CDPHE) in January 2019. Since 2017 and continuing through the date of this Application,
NISP Enterprise also has expended money and allocated resources for compliance with Larimer County’s
Areas and Activities of State Interest (a/k/a “1041”) code. ii. Another significant component of the
development and beneficial use of the Subject Water Rights is addressing issues related to the Endangered
Species Act (ESA) in the South Platte River basin. During the diligence period, Northern Water has been
involved in the implementation of a basin-wide program to address ESA issues for water projects affecting
threatened and endangered species in the basin. The resulting Platte River Recovery Implementation
Program (PPRIP) provides such ESA compliance for new projects in the South Platte basin in Colorado
when a Colorado water user becomes a member in the South Platte Water Related Activities Program, Inc.
(SPWRAP). Northern Water has been a member of SPWRAP since its inception in 2005 and continues to
21
have representation on the board of directors and operational subcommittees, which affords Northern Water
the necessary ESA compliance to pursue development and beneficial use of the Subject Water Rights,
including as part of NISP. Northern Water has also continued work on ESA compliance through mitigation
planning and endangered species habitat and wetlands replacement. Northern Water expended
approximately $190,000 during the diligence period on these efforts. iii. As part of the regulatory review
process partially described above, NISP Enterprise also has developed measures to mitigate fish and
wildlife related impacts of NISP, as well as enhancements that go above and beyond direct mitigation of
project effects. Pursuant to C.R.S. § 37-60-122.2, NISP Enterprise worked with the Colorado Water
Conservation Board (CWCB) and Colorado Parks and Wildlife (CPW) to develop a “Fish and Wildlife
Mitigation and Enhancement Plan” (FWMEP) for NISP that included numerous mitigation measures, as
well as enhancements designed to improve the aquatic and riparian habitat of the Poudre River while at the
same time meeting the water supply needs of the NISP Participants using the Subject Water Rights and
other water rights. The CWCB adopted the FWMEP as the official state position on mitigation on
October 10, 2017, and NISP Enterprise entered into an IGA with CPW to implement the measures identified
in the FWMEP on July 3, 2018. The FWMEP was also included as an appendix to the Corps’ FEIS. NISP
Enterprise already has implemented some of the measures identified in the FWMEP, including partnering
in the construction and operation of a fish and water bypass structure on the Watson Lake diversion structure
owned by CPW at a cost to NISP Enterprise of approximately $1,650,000. Northern Water also worked
with legislators in 2018 to amend Colorado statutes to enable implementation of the FWMEP’s
“Conveyance Refinement,” see C.R.S. § 37-92-102(8), and in Case No. 18CW3216, Water Division No. 1,
is seeking approval to make Protected Mitigation Releases pursuant to that statute and the FWMEP.
iv NISP Enterprise has performed preliminary design for Glade Reservoir, facilities associated with Glade
Reservoir, other structures associated with NISP including Galeton Reservoir and related structures, and
relocation of U.S. Highway 287 away from the Glade Reservoir footprint. NISP Enterprise expended
approximately $7 million during the diligence period on these efforts. v. Since at least 2018 and continuing
to the present, NISP Enterprise has been working with lenders and the NISP Participants to pursue financing
options for NISP. NISP Enterprise also has purchased property in furtherance of NISP. vi. During the
diligence period, NISP Enterprise engaged Harvey Economics to analyze future water needs within
Northern Water’s boundaries through 2060. Harvey Economics conducted this work during the diligence
period and provided a final report on July 24, 2017, which confirmed that the NISP Participants have a need
for additional water supplies to meet future water demands that will be partially served by NISP. vii. During
the diligence period, NISP Enterprise has undertaken negotiations with ditch companies regarding the use
of company structures by NISP and water substitution agreements for NISP. viii. Northern Water has been
an opposer in numerous water right applications during the diligence period to protect the Subject Water
Rights. 5. Landowner Notice: A list of the names and addresses of owners or reputed owners of the land
upon which any new diversion or storage structure, or modification to any existing diversion or storage
structure is or will be constructed or upon which water is or will be stored, including any modification to
the existing storage pool, is attached as an appendix to this Application. 6. Remarks: During the diligence
period, Northern Water did not divert any amount of water under the Subject Water Rights, despite diligent
efforts to make the Subject Water Rights absolute. Therefore, by this diligence Application, Northern Water
does not seek to make any portion of the Subject Water Rights absolute and seeks only a finding of
reasonable diligence for the Subject Water Rights. (11 pages)
19CW3166, Steven Toscano, 22903 County Road 15-21, Elbert, CO 80106 (James J. Petrock, Petrock
Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR
UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY
SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY
LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT
NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 60 acres located in the
N1/2NE1/4 of Section 7, T10S, R64W of the 6th P.M., Elbert County, as described and shown on
Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not
22
nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe
and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated
Amounts: Upper Dawson: 21 acre-feet, Lower Dawson: 13 acre-feet, Denver: 23 acre-feet, Arapahoe: 27
acre-feet, Laramie-Fox Hills: 19 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock
watering, fire protection, and augmentation purposes, including storage, both on and off the Subject
Property. Groundwater to be augmented: 2.5 acre-feet per year of Upper Dawson aquifer groundwater as
requested herein. Water rights for augmentation: Return flows from the use of not nontributary and
nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for
augmentation: The Upper Dawson aquifer groundwater will be used on the Subject Property for in-house
use in two residences, irrigation, including greenhouses, stockwatering and fire protection, through existing
well (Permit No. 208794) or new wells. Applicant reserves the right to amend the values without amending
the application or republishing the same. Sewage treatment for in-house use will be provided by a non-
evaporative septic system and return flow from in-house use and irrigation use will be approximately 90%
and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected
stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream
system. Return flows accrue to the South Platte River via Running Creek and those return flows are
sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will
reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping
augmentation requirements. Further, Applicant prays that this Court grant the application and for such other
relief as seems proper in the premises. (6 pages).
Note: Water Division 2 will publish resume
19CW3167, (Division 2 case number 19CW3051); SARAH BARKER BARTELS TRUST, c/o Sarah
(Sally) Bartels, 3647 Tuscanna Grove, Colorado Springs, CO 80920. Forward all pleadings and
correspondence to Chris D. Cummins and Emilie B. Polley, Monson, Cummins & Shohet, LLC, 13511
Northgate Estates Drive, Ste. 250, Colorado Springs, CO 80921 (719) 471-1212. Application for
Adjudication of Denver Basin Groundwater and For Plan for Augmentation in EL PASO COUNTY.
Applicant seeks to construct or utilize up to seven (7) non-exempt wells (including existing well) to the not-
nontributary Dawson aquifer to provide water service to an equivalent number of single family lots, based
on an anticipated subdivision of Applicant’s 39.10-acre parcel into up to seven lots. Applicant therefore
seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and approval of a
plan for augmentation for the use thereof. All wells will be located on Applicant’s approximately 39.10
acre property (“Applicant’s Property”) anticipated to be subdivided into up to seven lots of +/-5 acres each,
with current schedule number 5219000059. Applicant’s Property is depicted on the attached Exhibit A
map, located in the SE1/4 SW1/4 of Section 19, Township 12 South, Range 65 West of the 6th P.M., and
more particularly described as follows: A tract in the Southeast Quarter (SE/4) of Section Nineteen (19),
Township Twelve (12) South, Range Sixty-five (65) West of the 6th P.M., described as follows:
Commencing at the southeast corner of the Southeast Quarter (SE/4) of Section Nineteen (19), Township
Twelve (12) South, Range Sixty-five (65) West of the 6th P.M., thence West along the South line of said
section a distance of 3300 feet; thence north parallel to the East line of said section a distance of 30 feet for
the point of beginning of the tract to be described hereby; thence West and parallel with the South line of
said section a distance of 660 feet; thence North and parallel with the East line of said section to a point
which is 30 feet South of the East-West centerline of said section; thence East and parallel with said East-
West center line, a distance of 660 feet; thence South and parallel to the East line of said section to the point
of beginning, El Paso County, Colorado. Also known as 6170 Old Ranch Road, Colorado Springs,
Colorado 80908. Existing Well. There is an existing domestic well with Division of Water Resources
Permit No. 87527 (“Bartels Well No. 1”), permit attached as Exhibit B. It is drilled to a total depth of 579
feet to the Dawson aquifer, and located at 6170 Old Ranch Road, Colorado Springs, Colorado 80908, 600
feet from the South Section Line, 1600 feet from the West Section Line. The well was completed on January
12, 1978 and water placed to beneficial use on January 12, 1978. Upon approval of this plan for
23
augmentation, this well will be re-permitted. Applicant proposes that up to six wells (one well per lot) will
be located on the Applicant’s Property at specific locations not yet determined (“Bartels Wells Nos. 2
through 7”), to be constructed to the Dawson aquifer, for a total of up to seven wells. Not-Nontributary.
The ground water to be withdrawn from the Dawson, Denver and Arapahoe aquifers underlying the
Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation
requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions.
Nontributary. The groundwater that will be withdrawn from the Laramie-Fox Hills aquifer underlying the
Applicant’s Property is nontributary. Pumping from the wells will not exceed 100 g.p.m. The actual
pumping rates for each well will vary according to aquifer conditions and well production capabilities. The
Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire
decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be
determined by topography and actual aquifer conditions. Applicant requests a vested right for the
withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s
Property. Said amounts may be withdrawn over the 300-year life of the aquifers as required by El Paso
County, Colorado Land Development Code §8.4.7(C)(1) which is more stringent than the State of
Colorado’s 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the
following values and average annual amounts are representative of the Denver Basin aquifers underlying
Applicant’s Property:
AQUIFER
NET
SAND
(Feet)
Total
Appropriation
(Acre Feet)
Annual Avg.
Withdrawal
100 Years
(Acre Feet)
Annual Avg.
Withdrawal
300 Years
(Acre Feet)
Dawson
(NNT) 144 1126 10.821 3.60
Denver
(NNT) 300 194 19.4 -
Arapahoe
(NNT) 270 1794 17.9 -
Laramie Fox
Hills (NT) 190 1114 10.922 -
Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant
to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally
determine the amount of water available for appropriation and withdrawal from each aquifer. The Applicant
requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of
domestic, irrigation, stock water, recreation, wildlife, fire protection, and also for storage and augmentation
purposes associated with such uses. The Applicant also requests that the nontributary water may be used,
reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to
the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually
shall be consumed. Applicant may use such water by immediate application or by storage and subsequent
application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be
entitled to construct wells or use water from the not-nontributary Dawson aquifer pursuant to a decreed
augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use
of such not-nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c.5). Applicant requests that
she be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying
Applicant’s Property through any combination of wells. Applicant requests that these wells be treated as a
well field.. Applicant requests that she be entitled to withdraw an amount of ground water in excess of the
1 Reflects the total amount available minus the amount used for 44 years under Well Permit No. 87527 2 Reflects the total amount available based on 100 years depletion minus 2%.
24
average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum of the
total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since
the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes
first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from
the aquifers underlying the Applicant’s Property. Owner of Land Upon Which Wells are to Be Located.
The land upon which the wells are and will be located as well as the underlying groundwater is owned by
the Applicant. Structures to be Augmented. The structures to be augmented are Bartels Wells Nos. 1
through 7, along with any replacement or additional wells associated therewith, as likewise may be
constructed to the Dawson aquifer of the Denver Basin underlying the Applicant’s Property as requested
and described herein. The water rights to be used for augmentation during pumping are the return flows
resulting from the pumping of the not-nontributary Dawson aquifer from Bartels Wells Nos. 1 through 7,
together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping
depletions. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of
the not-nontributary Dawson aquifer by up to seven wells proposed herein for up to seven residential lots.
Potential water use criteria and their consumptive use component for replacement of actual depletions for
the lots are estimated as follows: Household Use Only: 0.25 acre feet annually within single family
dwellings on up to seven lots, with a maximum of ten percent consumptive use based on a nonevaporative
septic leach field disposal systems. The annual consumptive use for each lot will therefore be 0.025 acre
feet per well, with return flows of 0.225 acre feet per lot, or 1.575 acre-feet per year. Landscape Irrigation:
0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed
consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated
is therefore 0.042 acre feet. Horses (or equivalent livestock): 0.011 acre feet annually (10 gallons per day)
per head with a one hundred percent consumptive use component. Each well will pump a maximum of
0.514 acre feet of water per year per residence, assuming seven lots, for a maximum total of 3.6 acre feet
being withdrawn from the Dawson aquifer per year. Such use shall be a combination of household use,
irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown
of this combination of use, utilizing the factors described above, is household use of 0.25 acre feet of water
per year per residence with the additional 0.264 acre feet per year per residence available for irrigation of
lawn and garden and the watering of up to four horses or equivalent livestock on each residential lot.
Depletions. Applicant’s consultant has determined that maximum stream depletions over the 300 year
pumping period for the Dawson aquifer amounts to approximately 31.17% of pumping. Maximum annual
depletions for total residential pumping from all wells are therefore 1.12 acre feet in year 300. Should
Applicant’s pumping be less than the 3.6 total, 0.514 acre feet per lot, per year described herein, resulting
depletions and required replacements will be correspondingly reduced. Additionally, should fewer than
seven lots be established on the property, pumping from each individual well on each lot actually
established may be increased from the maximums described herein, provided that all out-of-priority
depletions remain augmented. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace
actual stream depletions attributable to pumping of up to seven residential wells. Applicant’s consultant
has determined that depletions during pumping will be effectively replaced by residential return flows from
non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10%
per year per residence. At a household use rate of 0.25 acre feet per residence per year, total of 1.75 acre
feet, 1.575 acre feet is replaced to the stream system per year, utilizing non-evaporative septic systems.
Thus, during pumping, stream depletions will be more than adequately augmented. For the replacement of
any injurious post-pumping depletions which may be associated with the use of the Bartels Wells Nos. 1
through 7, Applicant will reserve up to the entirety of the nontributary Laramie Fox Hills aquifer,
accounting for actual stream depletions replaced during the plan pumping period, as necessary to replace
any injurious post pumping depletions. Applicant also reserves the right to substitute other legally available
augmentation sources for such post pumping depletions upon further approval of the Court under its
retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction,
Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The
reserved nontributary Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping
25
depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a
new well permit for the Bartels Wells Nos. 1 through 7 for the uses in accordance with this Application and
otherwise in compliance with C.R.S. §37-90-137. This Application was filed in both Water Divisions 1
and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and
the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the Arkansas
River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate
the instant matter with pending Division 2 application in Water Division 2 upon completion of publication.
Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River
systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are
sufficient. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the
ground water requested herein is legally available for withdrawal by the requested not-nontributary wells
upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The
term of this augmentation plan is for 300 years, however the length of the plan for a particular well may be
extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post
pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual
pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual
amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics
from adequate information obtained from well drilling or test holes. The Applicant requests a finding that
vested water rights of others will not be materially injured by the withdrawals of ground water and the
proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the
State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit
diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division
Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner
as required by them to demonstrate compliance under this plan of augmentation. The Applicant intends to
waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. The
Applicant owns the Subject Property free and clear of all liens and encumbrances and no other person or
entity has a financial interest in the Subject Property. Accordingly, the Applicant certifies compliance with
the notice requirements of C.R.S. §37-92-302(2).
19CW3168 (12CW269, 06CW101) Geneva Glen Camp, Inc., c/o Casey Klein, Director, P.O. Box 248,
Indian Hills, Colorado 80454, [email protected], Telephone: 303-697-4621. Please send all
pleadings and correspondence to attorneys for Applicant: Douglas M. Sinor and William Davis Wert
of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone:
(303) 861-1963; E-Mail: [email protected], [email protected]. APPLICATION FOR
FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY, COLORADO. 1. Name,
mailing address, email address, and telephone number of Applicant: See above. 2. Name of
Structures: Geneva Glen Camp Well Nos. 6 and 7. 3. Description of Conditional Water Rights: A.
Original Decree: Date of Decree: November 15, 2006. Case No.: 06CW101. Court: Water Court, Division
1. B. Subsequent Decree Finding Diligence: Date of Decree: August 12, 2013. Case No.: 12CW269.
Court: Water Court, Division 1. C. Decreed Legal Descriptions of Structures: The exact locations of
Geneva Glen Camp Well Nos. 6 and 7 have not yet been determined by the Applicant. The wells can
generally be described as being located within the SW 1/4 NW 1/4 and the NW 1/4 SW 1/4 of Section 16,
and the SE 1/4 NE 1/4 and the NE 1/4 SE 1/4 of Section 17, Township 5 South, Range 70 West, 6th P.M.,
Jefferson County, Colorado. D. Source: Ground water that is tributary to Parmalee Gulch, Turkey Creek,
Bear Creek, and the South Platte River. E. Appropriation Date: April 27, 2006, for each well. F. Amount:
15 gallons per minute, conditional, for each well. G. Uses: Commercial, domestic, stock watering, and fire
protection purposes. 4. Detailed outline of what diligent effort has been undertaken toward completion
of the appropriations: A. Geneva Glen Camp Wells Nos. 6 and 7 are components of Applicant’s integrated
water supply and wastewater system, which Applicant operates in connection with Geneva Glen Camp, an
educational and recreational children’s camp that Applicant has operated since the 1920s. Applicant’s
integrated system includes the operation of existing Geneva Glen Camp Well Nos. 1–5 under an
26
augmentation plan decreed in Case No. 06CW101, Water Division No. 1, to divert and store water in
regulating tanks for distribution and use on Geneva Glen Camp property, as well as a central wastewater
treatment system that treats wastewater from in-building uses. Applicant’s water and wastewater systems
were and are conceived, planned, constructed, and operated as component parts of a common plan and
scheme of development and thus comprise an integrated water supply system. Work on one feature of the
system shall be considered in finding that reasonable diligence has been shown in the development of water
rights for all features of the system. C.R.S. § 37 92 301(4)(b). B. As a nonprofit entity, Applicant has
limited resources and must carefully prioritize its expenditures for infrastructure and water and wastewater
system improvements. The following paragraphs describe some of the more significant system maintenance
and development activities undertaken during the diligence period that support a finding of reasonable
diligence for the conditional Geneva Glen Camp Well Nos. 6 and 7 water rights: i. In spring 2016,
Applicant hired a contractor to drill a new well to replace the originally hand dug well for the Geneva Glen
Camp Well No. 4 water right. Applicant spent approximately $30,000 on this well replacement work. The
replacement well was permitted in 2016 (No. 77185-F-R) and began operating in spring 2017, but Applicant
discovered damage to the replacement well that has caused issues with its pumping effectiveness. In June
2019, Applicant contracted with a consultant to provide engineering oversight of the repair or replacement
of the damaged well. Applicant has begun securing bids for the repair or replacement project to assess
feasibility and cost. ii. Applicant has also worked with a consultant to conduct hydrogeologic exploration
activities related to the location of Geneva Glen Camp Well Nos. 6 and 7. iii. Beginning in approximately
2017 and continuing through the date of filing of this Application, Applicant has been engaged in
redeveloping its wastewater treatment and discharge system to address water quality issues. Applicant’s
wastewater treatment system currently consists of a lagoon system, filtration, chlorine disinfection,
discharge structures, and monitoring wells. Applicant has contracted with two engineering consulting firms
to analyze potential improvements or reconfigurations of this system before the summer 2020 camp season,
and during the diligence period has paid these consultants approximately $110,000 for this work. In summer
2019, Applicant conducted influent and effluent testing to assess whether modifications to the existing plant
are capable of improving water treatment, or if installation of a replacement mechanical treatment plant is
necessary. iv. During the diligence period and continuing through the date of this Application, Applicant
has been working with a consulting engineer to engineer and schedule the replacement of septic tank
systems for certain of its outbuildings not presently connected to its wastewater treatment system, as well
as the improvement of the sewer lines that supply the existing wastewater treatment system; the expenditure
amount in the immediately preceding paragraph includes this work. Applicant also has committed some of
its management staff’s resources to investigating the cost and feasibility of winterizing certain additional
parts of its water supply lines and enlarging water storage tanks to increase system efficiency and flexibility.
v. During winter 2018–2019, Applicant allocated staff resources and spent approximately $5,000 on the
installation of digital water meters and a remote monitoring system on Geneva Glen Camp Wells Nos. 1–5
to allow remote measurement and logging of daily pumping amounts. C. During the diligence period,
Applicant exercised its decreed absolute water rights under the augmentation plan referenced above but did
not divert any water under the Geneva Glen Camp Well Nos. 6 and 7 water rights despite diligent effort to
complete those appropriations. Applicant accordingly does not seek by this application to make any portion
of the water rights absolute and seeks only a finding of reasonable diligence for the water rights. 5. List of
names and addresses of owners or reputed owners of the land upon which any new diversion or
storage structure, or modification to any existing diversion or storage structure, is or will be
constructed or upon which water is or will be stored: Geneva Glen Camp, Inc. (Applicant).
WHEREFORE, Applicant respectfully requests that the Court enter an order which finds that reasonable
diligence has been exercised in the development of the conditional water storage rights decreed to Geneva
Glen Camp Well Nos. 6 and 7 and described herein. (5 pages)
19CW3169 Cache La Poudre Water Users Association, c/o Shawn Hoff, President, (“CLPWUA” or
“Applicant”), 6405 County Road 1, Windsor, CO 80550. Please address all pleadings and
correspondence to: Daniel K. Brown, Esq., and Whitney Phillips, Esq., Fischer Brown Bartlett &
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Gunn, P.C. 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION FOR FINDING OF
REASONABLE DILIGENCE in LARIMER and WELD COUNTIES. 2. The water rights that are the
subject of this application were originally decreed in Case No. 80CW355 on August 20, 1985 (“Original
Decree”). The Original Decree concerned two conditional water storage rights decreed to: (1) the Grey
Mountain Dam & Reservoir and (2) the Cache La Poudre Forebay Dam & Reservoir. The CLPWUA filed
the application for Original Decree on December 15, 1980. On December 28, 1983, the CLPWUA conveyed
an undivided 7/8ths interest in these conditional water rights to the Northern Colorado Water Conservancy
District (“Northern Water”) and retained an undivided 1/8th interest in the conditional water rights.
CLPWUA and Northern Water collectively obtained findings of reasonable diligence for the conditional
water rights in Case No. 89CW122 on August 9, 1995, Case No. 2001CW197 on November 8, 2005 and
Case No. 11CW242 on August 7, 2013. In Case No. 2003CW405, with the consent of CLPWUA, Northern
Water changed the conditional water rights to include the Glade Dam and Reservoir as alternate places of
diversion and storage. By a Partition Agreement dated October 10, 2014, Northern Water and CLPWUA
agreed to partition their fractional undivided interests in the two conditional water storage rights, which
was accomplished by quitclaim deeds between each other (recorded with the Larimer County Clerk &
Recorder at Reception Nos. 20140061378 and 20140061379). Accordingly, CLPWUA now owns a divided
1/8th interest in the conditional water rights decreed in Case No. 80CW335 (hereinafter the “Subject Water
Rights”) and also the right to divert 1/8th of the water physically and legally available under the two
conditional water rights at the originally decreed points of diversion, with alternate points of diversion and
storage as described in Case No 03CW405. With this application, CLPWUA is seeking a finding of
reasonable diligence for the Subject Water Rights. 3. Description of the Subject Water Rights: A. Name of
Structure: Grey Mountain Dam and Reservoir i. Relevant Decrees: 1. Original Decree: Date of Decree:
August 20, 1985. Case No.: 80CW355. Court: Water Court, Division 1. 2. Subsequent Decrees Finding
Diligence: Date of Decree: August 9, 1995. Case No.: 89CW122. Court: Water Court, Division 1. Remark:
Case was consolidated with Case Nos. 85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date
of Decree: November 8, 2005. Case No.: 01CW197. Court: Water Court, Division 1. Date of Decree:
August 7, 2013. Case No.: 11CW242. Court: Water Court, Division 1. 3. Other Relevant Decree: Date of
Decree: July 21, 2006. Case No.: 03CW405. Court: Water Court, Division 1. Remark: Change decree to
add Glade Dam and Reservoir as an alternate place of storage and the Poudre Valley Canal and North
Poudre Supply Canal Diversion Works (a/k/a Munroe Canal) as alternate points of diversion. ii. Original
Reservoir Location and Point of Diversion: A dam axis located in Section 9, T8N, R70W, 6th P.M., Larimer
County, Colorado being more particularly described as follows: Considering the West line of the Northeast
1/4 of said Section 9 as bearing South 00° 28' 33" East as determined by solar observation, and with all
bearings contained herein relative thereto: Beginning at the Southwest corner of the Northeast 1/4 of said
Section 9; thence South 27° 19' 28" East 502.44 feet to a point on the centerline of said dam with axis
bearing North 87° 32' 26" East, said point also being at the intersection of the centerline of the Cache La
Poudre River Channel as it existed at the time the original application was filed. iii. Alternate Storage
Location: Glade Dam and Reservoir: A dam axis located in Sections 11, 12 and 13, Township 8 North,
Range 70 West, 6th P.M., in Larimer County, Colorado. Beginning at a point, which is the terminal point
of the dam's left abutment, from which the Southwest corner of Section 12, Township 8 North, Range 70
West of the 6th P.M. bears North 88° 14' 55" West, a distance of 1879.6'. From said point, the axis of the
dam bears North 65° 04' 43" West, a distance of 729.9' to a point on the dam axis. From said point, the axis
of the dam bears North 14° 49' 34" West, a distance of 1021.7' to a point on the dam axis. From said point,
the axis of the dam bears North 21° 39' 51" West, a distance of 3383.8' to the terminal point of the dam's
right abutment. The proposed Glade Dam and Reservoir will inundate portions of the Northwest and
Southwest Quarters of Sections 19, 30 and 31, Township 9 North, Range 69 West, 6th P.M.; the Northwest
and Southwest Quarters of Section 6 and the Northwest Quarter of Section 7, Township 8 North, Range 69
West, 6th P.M.; the Southeast Quarter of Section 24, the Northeast, Southeast and Southwest Quarters of
Section 25 and all Quarters of Section 36, Township 9 North, Range 70 West, 6th P.M.; and all Quarters of
Section 1, the Northeast and Southeast Quarters of Section 2, the Northeast and Southeast Quarters of
Section 11, all Quarters of Section 12, and the Northwest Quarter of Section 13, Township 8 North, Range
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70 West, 6th P.M. iv. Alternate Points of Diversion: Poudre Valley Canal Diversion: The Poudre Valley
Canal Diversion is located on the Cache la Poudre River at a point 1,000 feet north of the south section line
and 150 feet east of the west section line in the Southwest quarter of Section 10, Township 8 North, Range
70 West, 6th P.M. Water would be conveyed through an enlarged Poudre Valley Canal for a distance of
approximately 10,800 feet to the Glade Forebay Reservoir. Water would then be pumped from the forebay
into Glade Reservoir. North Poudre Supply Canal Diversion Works: The North Poudre Supply Canal
Diversion is located on the Cache la Poudre River at a point 1,900 feet south of the north section line and
2,100 feet west of the east section line in the Northeast quarter of Section 5, Township 8 North, Range 70
West, 6th P.M. Water would be conveyed through the North Poudre Supply Canal for a distance of
approximately 19,400 feet to the Glade Forebay Reservoir. The water would then be pumped into Glade
Reservoir. Source: Cache La Poudre River and its tributaries, all of said waters being tributary to the South
Platte River. Pursuant to the decree entered in Case No. 03CW405, the total combined rate of diversion at
the alternate points of diversion is 3,000 cfs. v. Source: Cache la Poudre River and its tributaries, all of
said waters being tributary to the South Platte River. vi. Amount of Subject Water Rights 27,500 acre-feet,
conditional. vii. Appropriation date: May 2, 1980. Viii. Uses: irrigation, municipal, domestic, industrial and
production of electrical power and energy. B. Name of Structure: Cache la Poudre Forebay Dam and
Reservoir i. Relevant Decrees: 1. Original Decree: Date of Decree: August 20, 1985. Case No.: 80CW355.
Court: Water Court, Division 1. 5. Subsequent Decrees Finding Diligence: Date of Decree: August 9, 1995.
Case No.: 89CW122. Court: Water Court, Division 1. Remark: Case was consolidated with Case Nos.
85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date of Decree: November 8, 2005. Case No.:
01CW197. Court: Water Court, Division 1. Date of Decree: August 7, 2013. Case No.: 11CW242. Court:
Water Court, Division 1. 6. Other Relevant Decree: Date of Decree: July 21, 2006. Case No.: 03CW405.
Court: Water Court, Division 1. Remark: Change decree to add Glade Forebay Dam and Reservoir as an
alternate place of storage and the Poudre Valley Canal and North Poudre Supply Canal Diversion Works
(a/k/a Munroe Canal) as alternate points of diversion. ii. Original Reservoir Location and Point of
Diversion: Reservoir location: A dam axis located in Section 36, T9N, R71W, 6th P.M., Larimer County,
Colorado, being more particularly described as follows: Considering the West line of the Northwest 1/4 of
said Section 36 as bearing North 04° 32' 13" West as determined by solar observation, and with all bearings
contained herein relative thereto: Beginning at the Northwest corner of the Northwest 1/4 of said Section
36; thence South 63° 45' 28" East 1937.95 feet to a point on the centerline of said dam with axis bearing
North 53° 57' 35" East. Point of diversion: Intake “Y”. An intake point located in Section 31, T9N, R70W,
6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the South
line of the Southwest Quarter of said Section 31 as being North 89°51'00" East and with all bearings
contained herein relative thereto: Beginning at the Southwest corner of said Section 31; thence along the
South line of the Southwest Quarter of said Section 31 North 89° 51' 00" East 1427.89 feet; thence departing
said South line North 00° 09" 00" West 499.20 feet to said intake point. iii. Alternate Storage Location:
Glade Forebay Reservoir: A forebay reservoir located in the Southeast 1/4 of Section 11, Township 8 North,
Range 70 West of the 6th P.M, in Larimer County, Colorado. iv. Alternate Points of Diversion: Poudre
Valley Canal Diversion: The Poudre Valley Canal Diversion is located on the Cache la Poudre River at a
point 1,000 feet north of the south section line and 150 feet east of the west section line in the Southwest
quarter of Section 10, Township 8 North, Range 70 West, 6th P.M. Water would be conveyed through an
enlarged Poudre Valley Canal for a distance of approximately 10,800 feet to the Glade Reservoir Forebay.
Water would then be pumped from the forebay into Glade Reservoir. North Poudre Supply Canal Diversion
Works: The North Poudre Supply Canal Diversion is located on the Cache la Poudre River at a point 1,900
feet south of the north section line and 2,100 feet west of the east section line in the Northeast quarter of
Section 5, Township 8 North, Range 70 West, 6th P.M. Water would be conveyed through the North Poudre
Supply Canal for a distance of approximately 19,400 feet to the Glade Reservoir forebay. The water would
then be pumped into Glade Reservoir. Pursuant to the decree entered in Case No. 03CW405, the total
combined rate of diversion at the alternate points of diversion is 3,000 cfs. v. Source: Cache La Poudre
River and its tributaries, all of said waters being tributary to the South Platte River. vi. Amount claimed:
675 acre-feet, conditional. vii. Appropriation date: May 2, 1980. viii. Uses: irrigation, municipal, domestic,
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industrial and production of electrical power and energy. C. Pursuant to the decrees entered in Case Nos.
89CW122 and 03CW405, the storage volumes decreed to the Grey Mountain Dam and Reservoir water
right and the Cache la Poudre Forebay Dam and Reservoir water right may not be separately aggregated.
The cumulative annual volume of total storage under those rights is limited to the total volume decreed to
the Grey Mountain Dam and Reservoir water right, 220,000 acre-feet. Cumulative annual storage of water
under CLPWUA’s portion of the Subject Water Rights pursuant to the Partition Agreement is limited to
27,500 acre-feet. 4. Support for Application for Diligence: Since the last diligence decree was entered in
2013, and the severance of the Subject Water Rights from Northern’s 7/8th interest on October 10, 2014,
CLPWUA has engaged in various diligence activities which include but are not limited to continued
planning, permitting, engineering, and modeling efforts related to the development of new storage facilities
and/or utilization of existing storage facilities within the Poudre Basin for storage of the Subject Water
Rights. To this end, CLPWUA and certain of its members have continued efforts related to developing a
supplemental storage project referred to as the Grey Mountain Alternate Point Project (“GAPP”) whereby
the Subject Water Rights may be stored in certain of CLPWUA members’ existing or proposed storage
reservoirs located within the Cache la Poudre River Basin as additional alternate places of storage, including
storage of water attributable to the Subject Water Rights in the proposed. CLPWUA has been in extensive
discussions with the City of Fort Collins and the City of Greeley (“Cities”), which are CLPWUA members,
concerning the use of the Subject Water Rights as a source of water in their municipal water supply systems,
including the Halligan Water Supply Project and the Seaman Water Supply Project. With the permission
of CLPWUA, both Cities have modelled the use of the Subject Water Rights as part of the federal and state
permitting process for their respective projects. To the extent not used as a source of water for the Cities’
municipal water supply systems, CLPWUA is continuing to pursue the GAPP and will use water
attributable to the Subject Water Rights as a supplemental source of water to CLPWUA members for all
decreed uses by utilizing capacity in existing reservoirs. CLPWUA is continuing to investigate and model
the availability of water and amounts of water which may be stored in existing reservoirs under the Subject
Water Rights without impacting the use of such existing reservoirs’ senior water rights. CLPWUA has a
preliminary agreement with certain members concerning the use of the members’ reservoirs in the GAPP
Project and is presently in discussions with others members that are owners of reservoirs which may
participate in the proposed project. CLPWUA also claims the activities and expenditure related to the
severance of the conditional water rights, as well as Northern Water’s diligence activities and expenditures
that occurred during the diligence period prior to the severance of the conditional water rights as proof of
diligence. Additionally, during the diligence period the CLPWUA has been an opposer in over 90 cases
before the District Court for Water Division 1 for the purpose of protecting the water rights of its members
and the Subject Water Rights, and has expended at least $875,000 on legal and engineering fees related to
said cases. The CLPWUA may offer additional and/or supplemental diligence information at trial in this
case. 5. The names and addresses of owners or reputed owners of the land upon which any new diversion
or storage structure, or modification to any existing diversion or storage structure is or will be constructed
or upon which water is or will be stored, including any modification to the existing storage pool is attached
as Appendix A to this Application. 9 Pages.
19CW3170, TJP Living Trust dated February 28, 2008 and CML Revocable Living Trust dated
March 14, 2008, 740 W. Wolfensberger Road, Castle Rock, CO 80109 (James Petrock, Petrock
Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR
AUGMENTATION, DOUGLAS COUNTY. Amounts and Decree information: Applicants are the owners
of 25 acre-feet per year of not nontributary Denver aquifer groundwater, 12.5 acre-feet per year of
nontributary Arapahoe aquifer groundwater , and 12.5 acre-feet per year of nontributary Laramie-Fox Hills
aquifer groundwater, decreed in Case No. 03CW288, on June 17, 2004. The groundwater will be used on
36.5 acres which is part of the decree and generally located in the NW1/4 of Section 16 and the SW1/4 of
Section 9, T8S, R67W, Douglas County, Colorado, as described and shown on Attachment A hereto
(Subject Property). Description of plan for augmentation: Groundwater to be augmented: 25 acre-feet per
year of not nontributary Denver aquifer groundwater as decreed in Case No. 03CW288. Water rights to be
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used for augmentation: Return flows from the use of not nontributary Denver aquifer groundwater and
return flows and direct discharge of nontributary groundwater underlying the Subject Property as also
decreed in Case No. 03CW288. Statement of plan for augmentation: The Denver aquifer groundwater will
be used for domestic, including in-house use, commercial use in a stable operation, irrigation,
stockwatering, and fire protection. Applicants reserve the right to revise the proposed uses without having
to amend or republish this application. Sewage treatment for in-house and commercial use will be provided
by non-evaporative septic systems. Return flows associated with in-house and commercial use will be
approximately 90% of that use and return flow from irrigation use will be approximately 15% of that use.
During pumping Applicant will replace an amount equal to 4% of the annual amount withdrawn to the
stream system pursuant to Section 37-90-137(9)(c.5), C.R.S., Return flows from in-house, commercial, and
irrigation use will accrue to the South Platte River system via East Plum Creek and those return flows are
sufficient to replace the required amount annually while the subject groundwater is being pumped. An
equal amount of nontributary groundwater as decreed in Case No. 03CW288 will be reserved to meet post-
pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for
such other relief as seems proper in the premises. (5 pages).
19CW3171 THE CITY OF ENGLEWOOD, Dave Chapman, Water Production Administrator, 1000
Englewood Parkway, Englewood, CO 80110-0110, (303) 762-2636, Peter D. Nichols, Geoffrey M.
Williamson, Patrick M. Haines, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street,
Boulder, CO 80302, (303) 402-1600. APPLICATION FOR FINDING REASONABLE DILIGENCE
AND TO MAKE ABSOLUTE, in DOUGLAS, ARAPAHOE AND JEFFERSON COUNTIES,
COLORADO. 2. Summary of Application: Englewood is a municipal corporation of the State of Colorado.
Englewood owns and operates municipal water and sewer utility systems for the benefit of its citizens, and
for the provision of water and sewer service contracts. Through this Application, Englewood seeks a
finding of reasonable diligence on the balance of the McBroom Municipal Intake conditional water right,
originally decreed in Case No. 89CW063 on March 29, 1994 and made partially absolute in Case No.
00CW45, Water Division 1. Englewood also seeks to make partially absolute the McBroom Municipal
Intake water right. 3. Names of Structures: McBroom Municipal Intake. 4. Description of Conditional
Water Right: 4.1. McBroom Municipal Intake. 4.1.1. Original and Subsequent Decrees: March 29, 1994,
Case No. 89CW063, District Court, Water Division No. 1, as amended by decree dated April 8, 2003;
February 7, 2007, Case No. 00CW045, District Court, Water Division No. 1 (7.63 cfs made absolute; 8.37
cfs continued conditional); August 29, 2013, Case No. 13CW022, District Court, Water Division No. 1
(finding of reasonable diligence). 4.1.2. Location: A point on the south side of Bear Creek in the NE 1/4
of Section 6, Township 5 South, Range 68 West of the 6th P.M. The McBroom Ditch headgate that currently
occupies this site is a decreed point of diversion for the McBroom Ditch water right, decreed February 4,
1884, in Arapahoe County District Court. See Exhibit A. 4.1.3. Source: Bear Creek, a tributary of the
South Platte River. 4.1.4. Appropriation Date: March 20, 1989. 4.1.5. Amount: 16 cfs TOTAL, with 7.63
cfs ABSOLUTE pursuant to the final decree in Case No. 00CW045, and 8.37 cfs remaining
CONDITIONAL. Englewood now claims an additional 7.06 cfs as absolute as described in paragraph 6
below. 4.1.6. Use: Direct flow, storage, or direct flow and storage, for municipal, domestic, industrial,
commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish
and wildlife propagation and maintenance, manufacturing, fire protection, sewage treatment and street
sprinkling within the South Platte River drainage in Water Division 1. In addition to the foregoing uses,
such water may be used for exchange purposes and for augmentation purposes. 4.1.7. Place of Use: The
service area of Englewood as it presently exists and as it may exist in the future, including any lands to
which Englewood provides water for municipal purposes under an existing or future contract of supply.
4.1.8. Storage Structures: 4.1.8.1. The four existing ponds at the Englewood Municipal Golf Course, the
combined capacity of which is approximately 50 acre feet. 4.1.8.2. The gravel pit lake (a/k/a Centennial
Lake), the proposed location and capacity of which are described with particularity in the decree entered in
Case No. 90CW221. 4.1.8.3. McLellan Reservoir, which is described with particularity in the decree in
Case No. CA3635 in the District Court for Douglas County, the capacity of which is approximately 6,000
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acre feet. 5. Diligence Activities: 5.1. Integrated System: The McBroom Municipal Intake right is a
component of the integrated system that Englewood operates to provide itself and its customers with water
for all municipal purposes. Accordingly, the following listed items represent system wide projects and
work that have been completed or are in the process of being completed during the diligence period
pertaining to the McBroom Municipal Intake. This list is not meant to be exclusive. 5.1.1. Englewood
expended $76,268 to remove and trim trees that interfered with its water system. 5.1.2. Englewood
expended $16,000 to install pipe on City Ditch, and an additional $23,216.00 to repair the City Ditch pipe
at Euclid. 5.1.3. Englewood expended $397,000 to replace granulated activated carbon filter media on
filters 3, 4, and 5. 5.1.4. Englewood expended $6,200 to renew its SCADA software license. 5.1.5.
Englewood expended $22,750 to replace the variable frequency drive for backwash pump #1. 5.1.6.
Englewood expended $25,500 to rebuild river pump #1. 5.1.7. Englewood expended $22,000 to purchase
and install seven new turbidimeters for process controls at the water plant. 5.1.8. Englewood expended
$3,200 on preventative maintenance on washwater pumps. 5.1.9. Englewood engaged water resource
engineers to protect and enhance Englewood’s water rights and participated in numerous Water Court cases
to protect the quality and quantity of the water rights decreed in Case No. 89CW063 and its other water
rights from injury by other parties. Englewood filed diligence applications on other conditional decrees
that are part of its integrated system. 5.1.10. Englewood has directed its technical water consultants to
create a water right master supply plan that includes the McBroom Municipal Intake water right, and work
on the water right master supply plan began in 2018. 5.2. Project Specific Activities: The following listed
items are specific projects and work that have been completed or are in the process of being completed
pertaining in whole or in part to the McBroom Municipal Intake. This list is not meant to be exclusive.
5.2.1. Englewood expended $2,000 to install a stairway at Union Avenue Reservoir for collecting samples
from the McBroom pipeline. 5.2.2. Englewood expended $35,100 to repair the McBroom pipeline. 5.2.3.
Englewood expended $3,375 to install fencing around the McBroom Ditch headgate. 5.2.4. Englewood
expended $1,400 to purchase a boom for the McBroom Ditch diversion from Bear Creek. 6. Application
to Make Absolute: 6.1. Englewood requests that a portion of the McBroom Municipal Intake be made
absolute and further requests a finding of diligence for any amount not made absolute. During the period
following the Water Court’s entry of a decree for this water right, Applicant has placed the water to
beneficial use, as shown in the attached Exhibit B. 6.1.1. Date: September 30, 2013. 6.1.2. Amount: 7.06
cfs, for a total of 14.69 cfs absolute and 1.31 cfs remaining conditional. 6.1.3. Use: The decreed beneficial
uses. 6.1.4. Place of Use: Englewood diverted the water at a rate of 14.69 cfs from Bear Creek under the
decree entered in Case No. 89CW063, and applied the water to the decreed beneficial uses identified above
at the place of use identified in Exhibit C. WHEREFORE, Englewood respectfully requests the Court to
enter findings and a decree confirming that: 1) Englewood has exercised diligence toward completion of
the appropriation for the decreed uses and continuing the subject conditional water right in full force and
effect for another six-year diligence period; and 2) Englewood has placed 14.69 cfs of the McBroom
Municipal Intake water right to its decreed beneficial uses, thereby making an additional 7.06 cfs of water
absolute and continuing the remaining 1.31 cfs as conditionally decreed in Case No. 89CW063. Number
of pages in Application: 10, including 3 exhibits.
19CW3172 THE CITY OF ENGLEWOOD, Dave Chapman, Water Production Administrator, 1000
Englewood Parkway, Englewood, CO 80110-0110, (303) 762-2636, Peter D. Nichols, Geoffrey M.
Williamson, Patrick M. Haines, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street,
Boulder, CO 80302, (303) 402-1600. APPLICATION FOR FINDING REASONABLE DILIGENCE
AND TO MAKE ABSOLUTE, in DOUGLAS, ARAPAHOE AND JEFFERSON COUNTIES,
COLORADO. 2. Summary of Application: Englewood is a municipal corporation of the State of Colorado.
Englewood owns and operates municipal water and sewer utility systems for the benefit of its citizens, and
for the provision of water and sewer service contracts. Through this Application, Englewood seeks a
finding of reasonable diligence on the balance of the McBroom Municipal Intake conditional water right,
originally decreed in Case No. 89CW063 on March 29, 1994 and made partially absolute in Case No.
00CW45, Water Division 1. Englewood also seeks to make partially absolute the McBroom Municipal
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Intake water right. 3. Names of Structures: McBroom Municipal Intake. 4. Description of Conditional
Water Right: 4.1. McBroom Municipal Intake. 4.1.1. Original and Subsequent Decrees: March 29, 1994,
Case No. 89CW063, District Court, Water Division No. 1, as amended by decree dated April 8, 2003;
February 7, 2007, Case No. 00CW045, District Court, Water Division No. 1 (7.63 cfs made absolute; 8.37
cfs continued conditional); August 29, 2013, Case No. 13CW022, District Court, Water Division No. 1
(finding of reasonable diligence). 4.1.2. Location: A point on the south side of Bear Creek in the NE 1/4
of Section 6, Township 5 South, Range 68 West of the 6th P.M. The McBroom Ditch headgate that currently
occupies this site is a decreed point of diversion for the McBroom Ditch water right, decreed February 4,
1884, in Arapahoe County District Court. See Exhibit A. 4.1.3. Source: Bear Creek, a tributary of the
South Platte River. 4.1.4. Appropriation Date: March 20, 1989. 4.1.5. Amount: 16 cfs TOTAL, with 7.63
cfs ABSOLUTE pursuant to the final decree in Case No. 00CW045, and 8.37 cfs remaining
CONDITIONAL. Englewood now claims an additional 7.06 cfs as absolute as described in paragraph 6
below. 4.1.6. Use: Direct flow, storage, or direct flow and storage, for municipal, domestic, industrial,
commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish
and wildlife propagation and maintenance, manufacturing, fire protection, sewage treatment and street
sprinkling within the South Platte River drainage in Water Division 1. In addition to the foregoing uses,
such water may be used for exchange purposes and for augmentation purposes. 4.1.7. Place of Use: The
service area of Englewood as it presently exists and as it may exist in the future, including any lands to
which Englewood provides water for municipal purposes under an existing or future contract of supply.
4.1.8. Storage Structures: 4.1.8.1. The four existing ponds at the Englewood Municipal Golf Course, the
combined capacity of which is approximately 50 acre feet. 4.1.8.2. The gravel pit lake (a/k/a Centennial
Lake), the proposed location and capacity of which are described with particularity in the decree entered in
Case No. 90CW221. 4.1.8.3. McLellan Reservoir, which is described with particularity in the decree in
Case No. CA3635 in the District Court for Douglas County, the capacity of which is approximately 6,000
acre feet. 5. Diligence Activities: 5.1. Integrated System: The McBroom Municipal Intake right is a
component of the integrated system that Englewood operates to provide itself and its customers with water
for all municipal purposes. Accordingly, the following listed items represent system wide projects and
work that have been completed or are in the process of being completed during the diligence period
pertaining to the McBroom Municipal Intake. This list is not meant to be exclusive. 5.1.1. Englewood
expended $76,268 to remove and trim trees that interfered with its water system. 5.1.2. Englewood
expended $16,000 to install pipe on City Ditch, and an additional $23,216.00 to repair the City Ditch pipe
at Euclid. 5.1.3. Englewood expended $397,000 to replace granulated activated carbon filter media on
filters 3, 4, and 5. 5.1.4. Englewood expended $6,200 to renew its SCADA software license. 5.1.5.
Englewood expended $22,750 to replace the variable frequency drive for backwash pump #1. 5.1.6.
Englewood expended $25,500 to rebuild river pump #1. 5.1.7. Englewood expended $22,000 to purchase
and install seven new turbidimeters for process controls at the water plant. 5.1.8. Englewood expended
$3,200 on preventative maintenance on washwater pumps. 5.1.9. Englewood engaged water resource
engineers to protect and enhance Englewood’s water rights and participated in numerous Water Court cases
to protect the quality and quantity of the water rights decreed in Case No. 89CW063 and its other water
rights from injury by other parties. Englewood filed diligence applications on other conditional decrees
that are part of its integrated system. 5.1.10. Englewood has directed its technical water consultants to
create a water right master supply plan that includes the McBroom Municipal Intake water right, and work
on the water right master supply plan began in 2018. 5.2. Project Specific Activities: The following listed
items are specific projects and work that have been completed or are in the process of being completed
pertaining in whole or in part to the McBroom Municipal Intake. This list is not meant to be exclusive.
5.2.1. Englewood expended $2,000 to install a stairway at Union Avenue Reservoir for collecting samples
from the McBroom pipeline. 5.2.2. Englewood expended $35,100 to repair the McBroom pipeline. 5.2.3.
Englewood expended $3,375 to install fencing around the McBroom Ditch headgate. 5.2.4. Englewood
expended $1,400 to purchase a boom for the McBroom Ditch diversion from Bear Creek. 6. Application
to Make Absolute: 6.1. Englewood requests that a portion of the McBroom Municipal Intake be made
absolute and further requests a finding of diligence for any amount not made absolute. During the period
33
following the Water Court’s entry of a decree for this water right, Applicant has placed the water to
beneficial use, as shown in the attached Exhibit B. 6.1.1. Date: September 30, 2013. 6.1.2. Amount: 7.06
cfs, for a total of 14.69 cfs absolute and 1.31 cfs remaining conditional. 6.1.3. Use: The decreed beneficial
uses. 6.1.4. Place of Use: Englewood diverted the water at a rate of 14.69 cfs from Bear Creek under the
decree entered in Case No. 89CW063, and applied the water to the decreed beneficial uses identified above
at the place of use identified in Exhibit C. WHEREFORE, Englewood respectfully requests the Court to
enter findings and a decree confirming that: 1) Englewood has exercised diligence toward completion of
the appropriation for the decreed uses and continuing the subject conditional water right in full force and
effect for another six-year diligence period; and 2) Englewood has placed 14.69 cfs of the McBroom
Municipal Intake water right to its decreed beneficial uses, thereby making an additional 7.06 cfs of water
absolute and continuing the remaining 1.31 cfs as conditionally decreed in Case No. 89CW063. Number
of pages in Application: 10, including 3 exhibits.
19CW3173 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy
District, 3209 West 28th Street, Greeley, CO 80631. Please send correspondence and pleadings to: David
P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO
80534. (970) 622-8181; [email protected]. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE
IN PART AND FOR FINDINGS OF REASONABLE DILIGENCE, in ADAMS, LARIMER, MORGAN
AND WELD COUNTIES. 2. Conditional Water Rights. The conditional water rights are 22 wells decreed
pursuant to §37-92-103(14)(a) C.R.S. in Case No. 02CW335 (Decree) dated June 3, 2005. The use for each
water right is augmentation and replacement of well depletions and return flow obligations. All wells are
used under the terms of the decrees in Case Nos. 02CW335 and 03CW99 except CGMS Wells No. 63753-
F and 63758-F which are decreed for use only pursuant to Case No. 02CW335. The source for each water
right is groundwater tributary to the South Platte River. The wells as originally decreed are described below.
2.1. CGMS Well No. 59951-F (WDID 208505). 2.1.1. In the SW1/4 SE1/4, Section 16, Township 4 North,
Range 66 West of the 6th P.M., Weld County, Colorado, approximately 75 feet North and 1580 feet West
from the Southeast corner of said section. 2.1.2. Appropriation. September 30, 2003. 2.1.3. Amount. 1397
g.p.m., conditional. 2.2. CGMS Well No. 59952-F (WDID 207977). 2.2.1. In the SW1/4 NE1/4, Section
21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2606 feet
South and 2378 feet West from the Northeast corner of said section. 2.2.2. Appropriation. September 30,
2003. 2.2.3. Amount. 745 g.p.m., conditional. 2.3. CGMS Well No. 59953-F (WDID 207976). 2.3.1. In the
NE1/4 SW1/4, Section 21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,
approximately 1350 feet North and 1600 feet East from the Southwest corner of said section. 2.3.2.
Appropriation. September 30, 2003. 2.3.3. Amount. 1001 g.p.m., conditional. 2.4. CGMS Well No. 59954-
F (WDID 207097). 2.4.1. In the SW1/4 SW1/4, Section 15, Township 4 North, Range 66 West of the 6th
P.M., Weld County, Colorado, approximately 158 feet North and 148 feet East from the Southwest corner
of said section. 2.4.2. Appropriation. September 30, 2003. 2.4.3. Amount. 1096 g.p.m., conditional. 2.5.
CGMS Well No. 59955-F (WDID 207726). 2.5.1. In the NE1/4 NW1/4, Section 13, Township 4 North,
Range 66 West of the 6th P.M., Weld County, Colorado, approximately 566 feet South and 1712 feet East
from the Northwest corner of said section. 2.5.2. Appropriation. September 30, 2003. 2.5.3. Amount. 1200
g.p.m., conditional. 2.6. CGMS Well No. 59956-F (WDID 205171). 2.6.1. In the SW1/4 NE1/4, Section
29, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2153 feet
South and 2241 feet West from the Northeast corner of said section. 2.6.2. Appropriation. September 30,
2003. 2.6.3. Amount. 838 g.p.m., conditional. 2.7. CGMS Well No. 59957-F (WDID 207165). 2.7.1. In the
SW1/4 NW1/4, Section 12, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,
approximately 2569 feet South and 143 feet East from the Northwest corner of said section. 2.7.2.
Appropriation. September 30, 2003. 2.7.3. Amount. 798 g.p.m., conditional. 2.8. CGMS Well No. 63761-
F (WDID 206688) 2.8.1. In the NW1/4 SW1/4, Section 13, Township 4 North, Range 66 West of the 6th
P.M., Weld County, Colorado, approximately 1587 feet North and 53 feet East from the Southwest corner
of said section. 2.8.2. Appropriation. September 30, 2003. 2.8.3. Amount. 1150 g.p.m., conditional. 2.9.
CGMS Well No. 63759-F (WDID 206704) 2.9.1. In the SE1/4 SW1/4, Section 21, Township 4 North,
34
Range 66 West of the 6th P.M., Weld County, Colorado, approximately 800 feet North and 1600 feet East
from the Southwest corner of said section. 2.9.2. Appropriation. September 30, 2003. 2.9.3. Amount. 1100
g.p.m., conditional. 2.10. CGMS Well No. 63760-F (WDID 208449) 2.10.1. In the SW1/4 NW1/4, Section
13, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2467 feet
South and 350 feet East from the Northwest corner of said section. 2.10.2. Appropriation. September 30,
2003. 2.10.3. Amount. 900 g.p.m., conditional. 2.11. CGMS Well No. 63747-F (WDID 208577) 2.11.1. In
the SW1/4 SW1/4, Section 29, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,
approximately 30 feet North and 30 feet East from the Southwest corner of said section. 2.11.2.
Appropriation. September 30, 2003. 2.11.3. Amount. 1022 g.p.m., conditional. 2.12. CGMS Well No.
63748-F (WDID 207164) 2.12.1. In the SW1/4 NW1/4, Section 12, Township 4 North, Range 66 West of
the 6th P.M., Weld County, Colorado, approximately 2212 feet South and 62 feet East from the Northwest
corner of said section. 2.12.2. Appropriation. September 30, 2003. 2.12.3. Amount. 1102 g.p.m.,
conditional. 2.13. CGMS Well No. 63749-F (WDID 206105) 2.13.1. In the SW1/4 SW1/4, Section 11,
Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 143 feet North
and 66 feet East from the Southwest corner of said section. 2.13.2. Appropriation. September 30, 2003.
2.13.3. Amount. 1075 g.p.m., conditional. 2.14. CGMS Well No. 63750-F (WDID 207979) 2.14.1. In the
SE1/4 SE1/4, Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,
approximately 509 feet North and 1251 feet West from the Southeast corner of said section. 2.14.2.
Appropriation. September 30, 2003. 2.14.3. Amount. 1199 g.p.m., conditional. 2.15. CGMS Well No.
510142-H (WDID 207098) 2.15.1. In the SW1/4 SW1/4, Section 15, Township 4 North, Range 66 West of
the 6th P.M., Weld County, Colorado, approximately 340 feet North and 94 feet East from the Southwest
corner of said section. 2.15.2. Appropriation. September 30, 2003. 2.15.3. Amount. 997 g.p.m., conditional.
2.16. CGMS Well No. 63752-F (WDID 207968) 2.16.1. In the NE1/4 SW1/4, Section 13, Township 4
North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2680 feet South and 1370
feet East from the Northwest corner of said section. 2.16.2. Appropriation. September 30, 2003. 2.16.3.
Amount. 997 g.p.m., conditional. 2.17. CGMS Well No. 63753-F (WDID 207626). 2.17.1. In the SW1/4
NW1/4, Section 21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,
approximately 2776 feet North and 527 feet East from the Southwest corner of said section. 2.17.2.
Appropriation. September 30, 2003. 2.17.3. Amount. 1221 g.p.m., conditional (for use in Case No.
02CW335). 2.18. CGMS Well No. 63754-F (WDID 208536). 2.18.1. In the NE1/4 SW1/4, Section 29,
Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2320 feet North
and 2517 feet East from the Southwest corner of said section. 2.18.2. Appropriation. September 30, 2003.
2.18.3. Amount. 1369 g.p.m., conditional. 2.19. CGMS Well No. 510142-M (WDID 208579). 2.19.1. In
the SE1/4 SW1/4, Section 29, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,
approximately 727 feet North and 1799 feet East from the Southwest corner of said section. 2.19.2.
Appropriation. September 30, 2003. 2.19.3. Amount. 997 g.p.m., conditional. 2.20. CGMS Well No.
63756-F (WDID 206104). 2.20.1. In the SW1/4 SE1/4, Section 15 Township 4 North, Range 66 West of
the 6th P.M., Weld County, Colorado, approximately 563 feet North and 1938 feet West from the Southeast
corner of said section. 2.20.2. Appropriation. September 30, 2003. 2.20.3. Amount. 750 g.p.m., conditional.
2.21. CGMS Well No. 63757-F (WDID 206108). 2.21.1. In the NW1/4 SE1/4, Section 15, Township 4
North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 1770 feet North and 1938
feet West from the Southeast corner of said section. 2.21.2. Appropriation. September 30, 2003. 2.21.3.
Amount. 1199 g.p.m., conditional. 2.22. CGMS Well No. 63758-F (WDID 206815). 2.22.1. In the SW1/4
SW1/4, Section 21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,
approximately 1019 feet North and 1379 feet East from the Southwest corner of said section. 2.22.2.
Appropriation. September 30, 2003. 2.22.3. Amount. 1212 g.p.m., conditional (for use in Case No.
02CW335). 3. Previous Diligence Decrees. Case No. 11CW95, dated August 20, 2013. 3.1. In Case No.
11CW95, water rights were made absolute and maintained as conditional as described in the following
table.
35
All other Wells listed in Paragraph 2 above were maintained as conditional. 4. Outline of What Has Been
Done Toward Completion. 4.1. During the diligence period water was diverted from many of the wells
listed in ¶2 above and was used for augmentation and replacement of out of priority depletions and return
flows pursuant to the terms of the Decree and the decree in Case No. 03CW99. Diversions exceeding
previous absolute amounts for such wells are described in the Table below.
4.2. During the diligence period Applicant made payments under its augmentation well agreements for use
of the above wells averaging approximately $14,000 annually. 4.3. During the diligence period, Applicants
took steps to insure its well meters were properly functioning, sought certification of meters as necessary
and in compliance with applicable rules for measurement and its decrees. 4.4. The water rights listed herein
is part of Central’s integrated system of water rights. In additional to the above project specific activities,
Central has operated and developed its integrated system during the diligence period, including its Plans
for Augmentation decreed in Case Nos. 02CW335 and 03CW99, and has retained legal counsel and
engineering consultants to assist in such operation and development. Central had filed and prosecuted
applications for the addition and removal of wells to and from these Plans. Central has acquired water rights
represented by shares in various ditch companies and has prosecuted applications changing those water
rights for use by Central in its Plans. Central has acquired various gravel pits and made capital
improvements for storage of water. Central has appropriated new water rights and has leased water rights
on a temporary basis for use in its Plans. Central has participated as an opposer in numerous water court
applications to protect its water rights. Central has prosecuted water court applications to perfect its water
rights as absolute and/or to maintain its conditionally decreed rights. Central has participated and expended
money on lobbying efforts on state legislation affecting water rights. 5. Claims To Make Absolute and for
Decreed Name WDID
Decreed
GPM
Absolute
GPM
Date
Absolute
Continued Conditional
GPM
CGMS Well No.
63761-F 20-6688 1150 1000 09/09/08 150
CGMS Well No.
63760-F 20-8449 900 800 9/4-10/08 100
CGMS Well No.
59955-F 20-7726 1200 1000 9/3, 6-7/08 200
CGMS Well No.
59957-F 20-7165 798 798 09/27/08 0
CGMS Well No.
63748-F 20-7164 1102 1000 08/02/08 102
CGMS Well No.
63749-F 20-6105 1075 1000 11/06/07 75
Decreed Name WDID
New
Pumping
New
Absolute
Date
Absolute
Remaining
Conditional GPM
CGMS Well No.
63761-F 20-6688 1105.99 1105.99 11/14/16 44.01
CGMS Well No.
63760-F 20-8449 900.00 900.00 9/9/13 0.00
CGMS Well No.
63747-F 20-8577 1022.00 1022.00 9/5/13 0.00
CGMS Well No.
63748-F 20-7164 1033.13 1033.13 11/6/18 68.87
CGMS Well No.
63749-F 20-6105 1075.00 1075.00 9/5/13 0.00
CGMS Well No.
510142-M 20-8579 997.00 997.00 9/9/13 0.00
36
Finding of Reasonable Diligence. Pursuant to §37-92-304 C.R.S., Applicant seeks to make the amounts
listed in the Table above in ¶4.1 absolute for augmentation and replacement of well depletions and return
flow obligations. Applicant seeks to continue as conditional appropriations the amounts listed as
conditional in the Table in ¶4.1. Applicant also seeks to continue the full conditional appropriations for all
the wells described in ¶2 but not listed in ¶4.1, and a finding that it has been reasonable diligent in
developing such rights. And, Applicant seeks such other relief as may be just and proper. The original
format of this application is seven (7) pages in length.
19CW3174 County of Boulder, a body corporate and politic, Parks and Open Space Department, c/o
Audrey Butler, Water Resource Program Supervisor, 5201 St. Vrain Road, Longmont, Colorado
80503, (303) 682-6775; [email protected]. APPLICATION FOR FINDING OF
REASONABLE DILIGENCE in BOULDER COUNTY. Attorneys for Applicant: Alperstein & Covell,
P.C., Gilbert Y. Marchand, Jr., #19870, Cynthia F. Covell, #10169, Andrea L. Benson, #33176, 1600
Broadway, Suite 1070, Denver, Colorado 80202, phone: (303) 894-8191, fax: (303) 861-0420, e-mail:
[email protected], [email protected], [email protected]. 1. Name, mailing
address, e-mail address, and telephone number of applicant: County of Boulder, a body corporate and
politic (“Applicant”), Parks and Open Space Department, c/o Audrey Butler, Water Resource Program
Supervisor, 5201 St. Vrain Road, Longmont, Colorado 80503, (303) 682-6775;
[email protected]. 2. Name of structure: Boulder County Fairgrounds Reservoir Inlet Ditch.
3. The decree for the Boulder County Fairgrounds Reservoir Inlet Ditch was entered on February 10, 1989
by the District Court, Water Division No. 1, in Case No. 86CW400. Subsequent decrees awarding findings
of diligence were entered by the Court on November 25, 1998 in Case No. 94CW242, on September 27,
2005 in Case No. 04CW291, and on August 29, 2013 in Case No. 11CW184. 4. Legal description from
the most recent decree that adjudicated the location: Boulder County Fairgrounds Reservoir Inlet Ditch
receives water from Beckwith Ditch which diverts from St. Vrain Creek in the SE1/4NW1/4, Section 5,
Township 2 North, Range 69 West, 6th P.M., Boulder County, at a point approximately 2,250 feet South
of the North line and 2,210 feet East of the West line, Section 5. A map illustrating the locations of these
structures is attached to the application filed with the Court. 5. Source: St. Vrain Creek. 6. Date of
appropriation: October 15, 1986. 7. Amount: 5 cubic feet per second (“cfs”), of which 2.0 cfs was
made absolute by the decree entered on August 29, 2013 in Case No. 11CW184 and 3.0 cfs remains
conditional. 8. Uses: Recreational, including boating, fishing and fish propagation; agricultural, including
irrigation of approximately 80 acres in the SW1/4SW1/4, Section 4, Township 2 North, Range 69 West,
and the W1/2NW1/4, Section 9, Township 2 North, Range 69 West, 6th P.M., Boulder County. This
acreage is depicted in the map attached to the application. 9. Provide a detailed outline of what has been
done toward completion or for completion of the appropriation and application of water to a
beneficial use as conditionally decreed, including expenditures, during the subject diligence period.
During the subject diligence period from September 2013 through August 2019, Applicant performed the
following activities showing diligence toward completion of the appropriation. Applicant incurred roughly
1,200 labor hours maintaining water infrastructure, trails, and landscaping at and adjacent to Fairgrounds
Reservoir; continued to pay assessments associated with its ownership of 1.66 Beckwith Ditch shares that
have historically irrigated the land around Fairgrounds Reservoir; made improvements to the trail and
landscaping adjacent to the Reservoir; improved wildlife habitat around the Reservoir, including improving
an osprey nest and improving wetlands habitat; incurred legal consultation fees toward maintaining
diligence on the remaining conditional portion of the water right. 10. Names(s) and address(es) of
owner(s) or reputed owners of the land upon which any new diversion or storage structure, or
modification to any existing diversion or storage structure is or will be constructed or upon which
water is or will be stored, including any modification to the existing storage pool: Not applicable.
WHEREFORE, Applicant requests the court to enter a decree finding that diligence has been shown
toward the completion of the remaining conditional portion of the appropriation associated with the Boulder
County Fairgrounds Reservoir Inlet Ditch; continuing said water right in full force and effect; and granting
such other relief as the court deems proper under the circumstances.
37
AMENDMENTS
17CW3104 GROVES FARMS AND RIVERVIEW FARMS, LLC, c/o Mike Groves, 21020 Rd. 6.5,
Weldona, Colorado 80653. Please send all correspondence to: Vranesh and Raisch, LLP, c/o Stuart B.
Corbridge, 5303 Spine Road, Suite 202, Boulder, CO 80301. SECOND AMENDED APPLICATION
FOR ADJUDICATION OF CONDITIONAL UNDERGROUND WATER RIGHTS AND TO ADD
WELLS TO AUGMENTATION PLAN DECREED IN CASE NO. 2004CW81 IN MORGAN AND
WELD COUNTIES. 2. Summary of Application History and Second Amendment: Applicants operate a
plan for augmentation (“04CW81 Plan”) pursuant to the decree entered in Case No. 2004CW81 on
November 24, 2014 (“04CW81 Decree”). Paragraph 50.3 of the 04CW81 Decree allows the addition of
new wells to the 04CW81 Plan through the filing of a water court application. On July 31, 2017, Applicants
filed with the Water Court for Water Division 1 an Application for Adjudication of Conditional
Underground Water Right and to Add Well to Augmentation Plan Decreed in Case No. 2004CW81. On
October 31, 2017, Applicants filed with the Water Court the First Amended Application for Adjudication
of Conditional Underground Water Rights and to Add Wells to Augmentation Plan Decreed in Case No.
2004CW81. By this second amended application Applicants seek to: 1) add a claim to adjudicate a ground
water right for a third new well to be located on property in Morgan County that is owned and/or used by
Applicants; and 2) add that third well as an augmented structure under the 04CW81 Plan as described in
the 04CW81 Decree. This second amended application includes the claims for Groves Barker Well 1 and
Groves Barker Well 2 as described in the first amended application and also the claims for the third well,
Groves Barker Well 3, as described below. The property owned and/or used by Applicants is shown on
Exhibit 1 to this second amended application, and is generally located in portions of the SW1/4 of Section
23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North, Range 60 West, 6th
P.M., Morgan County, Colorado. UNDERGROUND WATER RIGHTS 3. Name of well and permit or
registration number: 3.1 Groves Barker Well 1 (Permit No. 81729-F): 3.1.1 Legal description: SE1/4
NW1/4 of Section 26, Township 5 North, Range 60 West, 6th P.M., approximately 1,915 feet from the north
section line and 2,010 feet from the west section line. NAD 83, Zone 13, Northing: 4469659, Easting:
579511 (Information obtained from hand-held GPS unit) 3.1.2 Source: Ground water tributary to the South
Platte River 3.1.3 Depth: 75 feet 3.1.4 Appropriation Date: July 31, 2017 3.1.4.1 How appropriation was
initiated: By determining the location of the well on July 24, 2017, filing a well permit application with the
State Engineer’s Office on July 31, 2017, and the filing of the original water court application. 3.1.4.2 Date
water applied to beneficial use: June 2018 3.1.5 Amount claimed: 3.1.5.1 1000 gpm (2.23 cfs), conditional
3.1.5.2 960 acre-feet annually, conditional 3.1.6 Augmentation: See paragraphs 5-8 below. 3.1.7 Uses:
Ground water diverted by Groves Barker Well 1 will be used for irrigation of up to 230 acres located in
portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township
5 North, Range 60 West, 6th P.M., Morgan County, Colorado. The location of the well and the irrigated
acres is shown on Exhibit 1. The well will be used as a supplemental source of irrigation water on the
described acreage. 3.2 Groves Barker Well 2 (Permit No. 82003-F): 3.2.1 Legal description: SE1/4 NW1/4
of Section 26, Township 5 North, Range 60 West, 6th P.M., approximately 2,260 feet from the north section
line and 2,290 feet from the west section line. NAD 83, Zone 13, Northing: 4469558, Easting: 579600
(Information obtained from hand-held GPS unit) 3.2.2 Source: Ground water tributary to the South Platte
River 3.2.3 Depth: 117 feet 3.2.4 Appropriation Date: October 31, 2017 3.2.4.1 How appropriation was
initiated: By determining the location of the well in early October 2017, filing a well permit application
with the State Engineer’s Office, and the filing of the first amended water court application. 3.2.4.2 Date
water applied to beneficial use: June 2018 3.2.5 Amount claimed: 3.2.5.1 1000 gpm (2.23 cfs), conditional
3.2.5.2 960 acre-feet annually, conditional 3.2.6 Augmentation: See paragraphs 5-8 below 3.2.7 Uses:
Ground water diverted by Groves Barker Well 2 will be used for irrigation of up to 230 acres located in
portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township
5 North, Range 60 West, 6th P.M., Morgan County, Colorado. The proposed location of the well and the
38
irrigated acres is shown on Exhibit 1. The well will be used as a supplemental source of irrigation water
on the described acreage. 3.3 Groves Barker Well 3 (No existing permit): 3.3.1 Legal description: SW1/4
NW1/4 of Section 26, Township 5 North, Range 60 West, approximately 2,580 feet from the north section
line and 300 feet from the west section line. NAD 83, Zone 13, Northing: 4469458, Easting: 578990
(Information obtained from Department of Water Resources Map Viewer) 3.3.2 Source: Ground water
tributary to the South Platte River 3.3.3 Depth, if completed: N/A (well not yet constructed) 3.3.4
Appropriation Date: August 30, 2019 3.3.4.1 How appropriation was initiated: By determining the location
of the well during the summer of 2019 and the filing of the second amended application. 3.3.4.2 Date water
applied to beneficial use: N/A 3.3.5 Amount claimed: 3.3.5.1 1000 gpm (2.23 cfs), conditional 3.3.5.2 960
acre-feet annually, conditional 3.3.6 Augmentation: See paragraphs 5-8 below. 3.3.7 Uses: Ground water
diverted by Groves Barker Well 3 will be used for irrigation of up to 230 acres located in portions of the
SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North,
Range 60 West, 6th P.M., Morgan County, Colorado. The location of the well and the irrigated acres is
shown on Exhibit 1. The well will be used as a supplemental source of irrigation water on the described
acreage.4. Names and addresses of owners or reputed owners of the land upon which any new diversion
or storage structure, or modification to any existing diversion or storage structure, is or will be constructed
or upon which water is or will be stored, including any modification to the existing storage pool: 4.1 Groves
Barker Well 1, Groves Barker Well 2, and the proposed site for Groves Barker Well 3 are located on land
owned by Applicants, as described above. ADDITION OF WELLS TO AUGMENTATION PLAN
DECREED IN CASE NO. 2004CW81 5. Paragraph 50.3 of the 04CW81 Decree allows for the addition
of new wells to the 04CW81 Plan pursuant to the filing of a new water court application. That paragraph
requires any added well to be located on property in either Morgan County or Weld County that is owned
by the applicants in Case No. 04CW81. Groves Barker Well 1, Groves Barker Well 2, and Groves Barker
Well 3 satisfy this requirement. Applicants seek approval to add these three wells to the 04CW81 Plan, as
described in paragraphs 6 through 8 below. 6. Names of structures to be augmented: 6.1 Groves Barker
Well 1, described in paragraph 3.1 above. 6.2 Groves Barker Well 2, described in paragraph 3.2 above.
6.3 Groves Barker Well 3, described in paragraph 3.3 above. 7. Water rights to be used for augmentation:
The water rights to be used for augmentation are those water rights and water sources authorized for use as
replacement sources in the 04CW81 Plan, as described and authorized by the 04CW81 Decree. 8. Complete
statement of plan for augmentation: Diversions from Groves Barker Well 1, Groves Barker Well 2, and
Groves Barker Well 3 will cause depletions to the South Platte River. To the extent that those depletions
are out-of-priority, the purpose of including these wells in the 04CW81 Plan is to provide for replacement
of the out-of-priority depletions in time, location, and amount in accordance with the requirements and
terms and conditions of that plan as described in the 04CW81 Decree. The following information is relevant
to the addition of Groves Barker Well 1, Groves Barker Well 2, and Groves Barker Well 3 to the 04CW81
Plan: 8.1 Groves Barker Well 1 and Groves Barker Well 2 have been constructed and have been operated
pursuant to approved Substitute Water Supply Plans. Groves Barker Well 3 has not yet been constructed.
There are no depletions from pumping these wells that occurred prior to the filing of the original application
and the first amended application. Depletions from pumping the wells will be based on measured well
pumping using a totalizing flow meter or other approved measurement device on each well. 8.2 The
consumptive use factors for well pumping included in the 04CW81 Decree are as follows: 60% for well
water applied by flood irrigation; 80% for well water applied by sprinkler irrigation; and 100% for stock-
watering use. Applicants anticipate use of Groves Barker Well 1, Groves Barker Well 2, and Groves Barker
Well 3 by sprinkler irrigation, and propose a consumptive use factor for these wells of 80% of measured
pumping. 8.3 The monthly pumping of Groves Barker Well 1, Groves Barker Well 2, and Groves Barker
Well 3 will be multiplied by the decreed consumptive use factor for each well to arrive at the monthly
consumptive use of ground water by the wells. For plan accounting and operation purposes, the monthly
pumping volume will be pro-rated into a daily value. 8.4 The 04CW81 Decree calculates the timing and
amount of depletions from well pumping under the 04CW81 Plan using the AWAS Glover alluvial aquifer
method. Applicants will utilize this method to determine stream depletions from Groves Barker Well 1,
Groves Barker Well 2, and Groves Barker Well 3 using aquifer parameters developed for these wells based
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on their actual or intended locations. Applicants’ engineering analysis for Groves Barker Well 1, Groves
Barker Well 2, and Groves Barker Well 3 is ongoing, and Applicants reserve the right to utilize the aquifer
parameters included in any final decree entered in this matter, as appropriate. The specific yield value (“S”)
for Groves Barker Well 1, Groves Barker Well 2, and Groves Barker Well 3 is proposed as 0.2. The pro-
rated daily consumptive use of ground water will be lagged using the decreed aquifer parameters for each
well and the AWAS Glover alluvial aquifer method as described in the 04CW81 Decree to determine the
timing of depletions to the South Platte River. 8.5 Groves Barker Well 1, Groves Barker Well 2, and
Groves Barker Well 3 will be included in the projection described in Paragraph 55 of the 04CW81 Decree,
will be incorporated into the accounting required by Paragraph 61 of the 04CW81 Decree, and will be
subject to the other applicable requirements of the 04CW81 Plan, the 04CW81 Decree, and any additional
terms imposed by the Court in a decree entered for this application. 9. Names and addresses of owners or
reputed owners of the land upon which any new diversion or storage structure, or modification to any
existing diversion or storage structure, is or will be constructed or upon which water is or will be stored,
including any modification to the existing storage pool: 9.1 Other than the addition of Groves Barker Well
1, Groves Barker Well 2, and Groves Barker Well 3 as augmented structures, no other changes to the
04CW81 Plan are sought by this application. The Applicants are the owners of the land upon which the
wells are located. 10. Wherefore, the Applicants request entry of a decree in this matter that: 1) adjudicates
new ground water rights for Groves Barker Well 1, Groves Barker Well 2, and Groves Barker Well 3 as
described in paragraph 3; and 2) adds Groves Barker Well 1, Groves Barker Well 2, and Groves Barker
Well 3 to the plan for augmentation described in the 04CW81 Decree. (10 pgs., 1 Exhibit)
THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY
WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED
BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND
OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED
BY STATUTE OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended
application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of
Opposition, setting forth facts as to why the application should not be granted, or why it should be granted
only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of
OCTOBER 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as
an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served
upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall
be filed with the Water Clerk.