to all persons interested in water applications in …99cw104 loveland ready-mix concrete, inc., a...

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISIO...ed applications filed in the office of the Water Clerk for Water

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of July, 1999.99CW100 ENGLISH FEEDLOT 3, LLC, 14111 Morgan County Road 2, Wiggens, CO 80654-8703. Application for Change of Water Right, IN MORGAN COUNTY. Wells #7005, 17509, 9266, 26121, 20576, 10329F, Well 14. From previous decrees: 9/10/78, 8/23/79, 8/29/79, 3/3/80. Case No. W-2928-A-39, W-3263-A, W-3263-B and W-3263-C, Water Division 1. Case #W-2928-A-39, Well #7005-Decreed location: 593' N & 1170' E of SW corner of S26, T4N, R56W, 6th P.M. Actual location: 1240' E of W and 570' N of S line of S26, T4N R56W, 6th P.M. Appropriation: 12/31/41 Amount: 1100 gpm. Case # W-3263-A, Well #1-17509, Decreed location: 1563' E & 1650' N of south line of S26,T4N, R56W, 6th P.M. Actual location: 610' E of W & 2500' N of S line of S26,T4N, R56W, 6th P.M. Appropriation: 9/23/63 Amount: 460 gpm Well #2-9266, Decreed location: 1698' E & 165' N of S line of S26, T4N, R56W, 6th P.M. Actual location: 980' E of W & 150' N of S line of S26, T4N, R56W, 6th P.M. Appropriation: 7/22/61 Amount: 5 gpm. Well #4-26121, Decreed location: 1903' E & 165' N of S line of S26, T4N, R56W, 6th P.M. Actual location: 980' E of W & 158' N of S line S26, T4N, R56W, 6th P.M. Appropriation: 12/26/65 Amount: 186 gpm. Well #5-20576, Decreed location: 200' W & 1910' N of S line of S26, T4N, R56W, 6th P.M. Actual location: 250'E of W & 1000' N of S line of S26, T4N, R56W, 6th P.M. Appropriation: 7/9/64 Amount: 15 gpm. Case #W-3263-B, Well #6-10329-F, 1730' N & 1485 E of W line of S26, T4N, R56W, 6th P.M. Actual location: 700' E of W & 690' N of S line of S26, T4N, R6W, 6th P.M. Appropriation: 10/6/65 Amount: 200 gpm Case # W-3263-C, Well #14. Decreed location: 1170' E & 793' N o S line S26, T4N, R56W, 6th P.M. Actual location: 1410' E of W & 1000' N of S line of S26, T4N, R56W, 6th P.M. Appropriation: 12/31/41. Amount: 100 gpm Source: Groundwater for each well Historic use: Historic use of water will not be changed. Change to correct legal locations only. Proposed change: Change to correct legal locations form decrees to actual locations as per gps locations. (2 pages) 99CW101 STEVEN A. AND CHERYL A. TRACY, 38725 WCR 35, Eaton, CO 80615. Application for Change of Water Right, IN WELD COUNTY. Brown Well #1 and Brown Well #3 decreed 7/11/1975 in Case No. W-7991-75, Water Division #1. Decreed point of diversion: Brown Well #1 is located in the NW1/4 SE1/4, S14, T7N, R66W, 6th P.M.1420' N and 1860' W of SE corner S14. Brown Well #3 is located in the NW1/4SE1/4, S14, T7N, R66W, 6th P.M., 1420' N & 1750' W of SE corner S14. Source: Groundwater Appropriation: 7/11/1975 for each well Amount: Brown Well #1-11315-R: 2.22 cfs; Brown Well #3-R11316-RF: 1.11 cfs Historic use: Brown Well #1-Irrigation of 100 acres in part of the S1/2 of S14 and part of the N1/2 of S23, all in T7N, R66W, 6th P.M. Brown Well #3-Irrigation of 50 acres in the SE1/4 of S14, and 142 acres in the NE1/4 of S23, T7N, R66W, 6th P.M. Proposed change: Correct the legal description on the decree. Brown Well #1 should be NW1/4SE1/4, S14, T7N, R66W, at a point 1390' N and 2460' W of the SE1/4 corner of S14. Brown Well #3: Should be NW1/4SE1/4, S14, T7N, R66W,, at a point 1420' N and 2350' W of the SE corner of said S14. (2 pages) 99CW102 MORGAN COUNTY QUALITY WATER DISTRICT-"DISTRICT", c/o Donald F. McClary, POB 597, Fort Morgan, CO 80701. (Donald F. McClary, POB 597, Fort Morgan, CO 80701). Application for Water Right, IN MORGAN, WELD AND WASHINGTON COUNTIES. The applicant "District" is a quasi corporation of the State of Colorado, being a water district formed pursuant to said statue by order of the District Court of Morgan County, State of Colo., on or about 6/3/1976. MCQWD Weingardt Well No. 3-051226F is located in the NW1/4SW1/4, S23, T3N, R59W, 6th P.M., and 2441' from the S section line and 220' from the W section line. Source: Tributary to the South Platte River. Appropriation: 12/15/1998. Amount: 950 gpm (447 AF/Yr.). Proposed use: Domestic, including lawns and gardens, municipal, commercial and piscatorial. The subject well will be used as primary, secondary and supplemental supply for water of the District supplied to taxpayers within the District and the District's System for their respective use. Any out of priority use of said well will be augmented by MCQWD Recharge Pond No. 1 as Decreed in case 94CW014. (2 pages) 99CW103 COMPLAINT. THE PEOPLE OF THE STATE OF COLORADO, EX REL. HAROLD D. SIMPSON, STATE ENGINEER FOR THE STATE OFCOLORADO, AND RICHARD STENZEL, DIVISION ENGINEER FOR WATER DIVISION NO. 1. PLAINTIFFS, V. HJALMER THODE, DEFENDANT. 99CW104 Loveland Ready-Mix Concrete, Inc., a Colorado corporation, P.O. Box 229, Loveland, CO 80539-0299; William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. APPLICATION FOR CHANGE OF WATER RIGHT, IN LARIMER COUNTY. Introduction: Applicant is the successor in interest in ownership of the Rist and Goss water rights that were the subject of the decree in W-7412 awarded by this Court. Applicant seeks to transfer use of 80 a.f. of water from replacement of evaporative loss from pre-1981 gravel pits (which no longer need to be augmented since the enactment of Senate Bill 120 (see C.R.S. 37-90-107(6) and 37-90-137(11), and which have also been substantially filled in during the ongoing mining process of applicant) to the

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replacement of evaporative loss of a similar number of surface acres, also on applicant’s property, that are post-1980 gravel pits. Decreed name of structure for which change is sought: The Rist and Goss Ditch. From previous Decree:

A. A decree for change in time, character of use and for use at an alternate point of diversion of applicant’s interest in the decreed water rights of the Rist and Goss Ditch was entered on 12/21/77, in Case No. W-7412, in the District Court in and for Water Division No. 1, State of Colorado. B. Decreed points of diversion in W-7412: i. The Rist and Goss Ditch on the South bank of the Big Thompson River in Sec.16, T 5 N, Range 69 West of the 6th P.M.; or ii. The intake for the City of Loveland and the Home Supply Ditch at that point of diversion in the Big Thompson River in the SW¼ of Sec. 2, T 5 N, Range 70 West of the 6th P.M. C. Source: Big Thompson River. D. Amount: 4.27 c.f.s. of Priority No. 9, 53.38 c.f.s. of Priority No. 29. E. Appropriation Date: March 20, 1866, Priority No. 9; April 15, 1875, Priority No. 29. F. Historic use: Originally decreed for irrigation. In Case No. W-7412, 80 a.f. of Priority No. 9 were changed for use to replace evaporative losses from 45 surface acres of a gravel pit pond located on lands of applicant historically irrigated by the Rist and Goss Ditch. 5. Proposed change: The 45 acre gravel pit area referenced in the decree in W-7412 was all excavated, with all ground water area being exposed, prior to January 1, 1981. Since the passage of Senate Bill 120, it is clear that gravel pits created before 1981 at which all mining operations had ceased prior to that date need not augment evaporative loss. In addition, approximately 22 acres of such pit area have been filled in, during the mining process, eliminating the exposure of ground water. It is anticipated that this process will continue. Therefore, applicant proposes to use the 80 acre feet to replace evaporation losses on 45 surface acres of gravel pit ponds, which also are located or to be located on applicant’s property, but on the north, rather than the south, side of the Big Thompson River. 6. All of the gravel pits referred in this application are located within the W½ of Sec. 15 and the E½ of Sec. 16, T 5 N, Range 69 West of the 6th P.M. A map showing the areas where the gravel pits and other structures are located is attached as Figure 1. 7. Name and address of owner of land on which structures are located: Loveland Ready Mix Concrete, Inc., P.O. Box 299, Loveland, CO 80539-0299.

99CW105 HANS GEIER, 27573 Mountain Brook Drive, Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Well #042970-F is located in the SE1/4 of S27, T6S, R71W, 6th P.M., 1100' from S section line and 390' from the E section line, a/k/a Lot 5, Filing 1, Conifer Subdivision. Source: Groundwater Depth: 250' Appropriation: 11/18/93 Amount claimed: 15 gpm (0.47 A/F annually) Use: Ten then 1100 sq. ft. and household use. Remarks: The developer never filed a statement of beneficial use on my behalf. I have been living at this address since 9/6/94. (2 pages) 99CW106 (90CW139) CAMPBELL DEVELOPMENT, INC., POB 10, Red Feather Lakes, CO 80545. Application for Finding of Reasonable Diligence and To Make Absolute A Portion of A Conditional Appropriative Right of Exchange, IN LARIMER COUNTY.

2. Names of structures:Mitchell Ditch, also known as the North Pine Supply DitchSouth Fork PipelineWest Reservoir, Middle Reservoir, and East Reservoir, all being the "South 60" ReservoirsSeaman ReservoirTerry Lake ReservoirBarnes Meadow ReservoirComanche ReservoirPeterson ReservoirReservoirs that can be filled via the Mitchell Ditch and the South Fork Pipeline:

· Mirror Lake· Fox Acres Reservoir No. 3, also known as Lake Nootka· Lower Fox Acres Reservoir No. 3, also known as Lake Cayuse· Upper Fox Acres Reservoir No. 3, also known as Lake Nisqually

Robinson Draw Lake, also known as Lake Cree• Lake 15, also known as Lake Yakima• Fox Acres West, also known as Lake Pawnee.• Middle Letitia Lake, also known as Lake Chippewa• Deer Lake No. 2, also known as Lake Black Feet



• Upper Letitia Lake, also known as Lake Menominee• Lower Letitia Lake, also known as Lake Shoshone• Lake Kickapoo• Fox Acres Reservoir No. 1, also known as Lake Lakota• Fox Acres Reservoir No. 2, also known as Lake Arapahoe• South Fox Acres Lake, also known as Lake Shawnee

2. Description of conditional water rights (as to each structure) giving the following from the Referee's ruling and judgement and decree: A. Date of original decree: July27,1993;CaseNo.90CW139;District Court, Water Division No. 1, State of Colorado.

B. Location:Water for the exchange will be delivered to the confluence of the North Fork of the Cache La Poudre River and the mainstem of the Cache La Poudre River, and, in exchange, water will be diverted at the following points, in the alternative. (All structures described below are located in Larimer County, Colorado.)

(1) Mitchell Ditch, also known as the North Pine Supply Ditch. The headgate of said ditch is at a point on the East bank of the North branch of Lone Pine Creek from whence the Northeast comer of Section 26, Township 10 North, Range 74 West of the 6t" P.M. bears North 86'45' East 2,077 feet.(2) South Fork Pipeline. The legal description of the structure: the point of diversion is located on the North bank of the South Lone Pine at the point in the SW/4of the NEI/4of Section 33, Township 10 North, Range 73 West of the 6th P.M., 2,235 feet South of the North line of said Section 33, and 1,382 feet West of the East line of said Section 33.

Also, in the alternative, waters may be captured by exchange in the reservoirs ofthe Applicant, to wit:

(3) Mirror Lake. Location: SW/4SE/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., at a point North 68' 13' 00" West 2,089.65 feet from the Southeast corner, Section 22.(4) Fox Acres Reservoir No. 3, also known as Lake Nootka. Location: SE4SE4, Section 22, Township 10 North, Range 73 West of the 6 th P.M., at a point North 50' 48'30" West 1,187.60 feet from the Southeast comer, Section 22.(5) Lower Fox Acres Reservoir No. 3, also known as Lake Cayuse.Location: SE/4SE/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., at a point North 12 03'33 " West 1,248.00 feet from the Southeast corner, Section 22.(6) Upper Fox Acres Reservoir No. 3, also known as Lake Nisqually.Location: SW/4SE/4, Section 22, Township 10 North, Range 73 West of the 6t"P.M.,at a point North 79 47'02"West l,778.63 feet from the Southeast comer, Section 22.(7) Robinson Draw Lake, also known as Lake Cree. Location: SW/4 SW/4, Section 22, Township 10 North, Range 73 West of the 6h P.M., at a point North 76 41'13" East 1,057.93 feet from the Southwest corner, Section 22.(8) Lake 15, also known as Lake Yakima. Location: SE/4SW/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., at a point North 87 04'58" East 2,232.39 feet from the Southwest corner, Section 22.(9) Fox Acres West, also known as Lake Pawnee. Location: SW/4NE/4 ,

Section 28, Township 10 North, Range 73 West of the 6th P.M., at a point South 48



41'47" West 2,236.92 feet from the Northeast corner, Section 28. (10) Middle Letitia Lake, also known as Lake Chippewa. Location: NE/4

NW/4, Section 27, Township 10 North, Range 73 West of the 6"' P.M., at a point South 70 58'521, East 2,130.82 feet from the Northwest corner, section 27.

(11) Deer Lake No. 2, Also Known As Lake Black Feet.Location: SW/4SEI/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., at a point North 81' 42' 50" West 2,223.65 feet from the Southeast comer, Section 22.(12) Upper Letitia Lake, also known as Lake Menominee. Location: NE/4 NW/4, Section 27, Township 10 North, Range 73 West of the 6 th P.M., at a point South 64' 46'05" East 2,243.56 feet from the Northwest corner of said Section 27.(13) Lower Letitia Lake, also known a Lake Shoshone. Location: NE/4NW/4,Section 27, Township 10 North, Range 73 West of the 6th P.M., at a pointSouth 801 3 1'23" East 2,498.60 feet from the Northwest corner of saidSection 27.(14) Lake Kickapoo. Location: The approximate top center of the dam islocated in the SW/4SW/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., at a point North 58' 12'34" East 820 feet from the Southwest corner of said Section 22.

(15) Fox Acres Reservoir No. 1, also known as Lake Lakota. Location: SE/4NE/4, Section 28, Township 10 North, Range 73 West of the 6th P.M.(16) Fox Acres Reservoir No. 2, also known as Lake Arapahoe. Location:NW /4NW/4, Section 27, SW/4NW/4, Section 27, SE/4NE/4, Section 28, all in Township 1 0 North, Range 73 West of the 6th P.M.(17) South Fox Acres Lake, also known as Lake Shawnee. Location: SE/4NE/4, Section 28, Township 10 North, Range 73 West of the 6"' P.M.(18) West Reservoir of "South 6O" Reservoirs, Middle Reservoir of "South 6O" Reservoirs, and East Reservoir of "South 60" Reservoirs, all being located in Section 32, Township 10 North, Range 73 West, 6h P.M.

(1 9) South 80 Reservoir No. 4. Location: NI/2 of Section 32, Township 10North, Range 73 West, 6th P.M.(20) North Lone Pine Reservoir. Location: SW/4 of Section 10, the NW/4 ofSection 15, and NE/4 of Section 16, Township 10 North, Range 73 West,6th P.M.

Release of the substitute supply will be made from the following structures, alllocated in Larimer County, Colorado:

(21) Seaman Reservoir. Location: SE/4SW/4, Section 28, NE/4, Section 33,Township 9 North, Range 70 West of the 6th P.M.(22) Terry Lake Reservoir. Location: Sections 23, 24, 25, 26, 35 and 36,Township 8 North, Range 69 West of the 6th P.M.(23) Barnes Meadow Reservoir. Location: NW/4NE/4SW/4 , Section 5,Township 7 North, Range 75 West of the 6th P.M.(24) Comanche Reservoir. Location: SW/4NE/4SW/4, Section 12, Township

7 North, Range 74 West of the 6th P.M.(25) Peterson Reservoir. Location: NW/4NW/4SE/4, Section 22, Township 7



North, Range 75 West of the 6th P.M.C. Source: The Cache La Poudre River and its tributaries.

D. Appropriation dates:(1) Seaman Reservoir: May 18, 1989(2) Terry Lake Reservoir: July 26, 1989(3) Barnes Meadow Reservoir: May 18,1989(4) Comanche Reservoir: May 18, 1989(5) Peterson Reservoir: May 18,1989E. The decreed exchange amount for each structure is 150 acre feet. Amountsof exchange in acre feet decreed as CONDITIONAL in 90CW139 are as follows:(1) from Seaman Reservoir: 50 acre feet

(2) from Terry Lake Reservoir: 100 acre feet

(3) from Barnes Meadow Reservoir: 150 acre feet(4) from Comanche Reservoir: 150 acre feet(5) from Peterson Reservoir: 150 acre feetF. The decreed rate of exchange is 6.0 c.f s. The flow rates of exchange incubic feet per second decreed as CONDITIONAL in 90CW139 are as follows:(1) from Seaman Reservoir: 3.85 c.fs.

(2) from Terry Lake Reservoir: 4.0 c.fs.

(3) from Bames Meadow Reservoir: 6.0 c.fs.

(4) from Comanche Reservoir: 6.0 c.f s.

(5) from Peterson Reservoir: 6.0 c.f s.

G. The uses of the water that the Applicant receives by these exchanges shall be limited to irrigation, domestic, agricultural, fish propagation, recreational, municipal, commercial, and fire protection purposes, both by direct use and following storage.H. The exchange will be operated as junior and subordinate to the senior water storage rights on the Upper Lone Pine Lake and Lower Pine Lake owned by Crystal Lakes Water and Sewer Association on North Lone Pine Creek, as set forth in the decree in 90CW139.4. 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 diligence period, work was performed on several features of Applicant's integrated water system, including replacing about 800 feet of transfer pipeline at a cost of approximately $5,000.00. Applicant retained engineers to prepare an analysis and make recommendations regarding the refurbishing of the Lake Nootka darn. The total cost of the Lake Nootka dam restoration is projected to be between $260,000 to $572,000.00. Applicant spent approximately $10,000.00 on the engineering studies. Applicant incurred expenses in excess of $30,000.00 for the purchase and installation of new



controller/timers for Applicant's irrigation system.Throughout this diligence period, Applicant was in communication with the Cache La Poudre River Commissioner, Shawn Hoff, concerning the operation of the exchange. All of Applicant's reservoirs were available for use in the exchange, and all the reservoirs were used to the extent the exchanges could be conducted.

5. If claim to make absolute-A. As to Seaman Reservoir:

The exchange was operated on May 5, 1994, and Applicant diverted to storage, in its reservoirs that can be filled by the South Fork Pipeline, through the South Fork Pipeline at a flow rate of 4.17 c.fs., 116.73 acre feet of water. Sufficient water to effect the exchange was then released to

the Cache La Poudre River from Seaman Reservoir under the direction of the Cache La Poudre River Commissioner. The water was applied to beneficial uses. 100 acre feet of this exchange was decreed absolute in 90CW 1 39; therefore, Applicant seeks to have an additional 16.73 acre feet decreed as an ABSOLUTE exchange amount. Further, the flow rate of the exchange was 2.02 c.fs. greater than the 2.15 c.fs. decreed in 90CW139, and the additional flow rate of 2.02 c.fs. is claimed as ABSOLUTE.

B. As to Comanche Reservoir:On April 30, 1997, 99.81 acre feet of water was diverted to storage, in Applicant's reservoirs that can be filled by the South Fork Pipeline, through the South Fork Pipeline at a flow rate of 1.52 c.fs. Sufficient water to effect the exchange was then released to the river from Comanche Reservoir under the direction of the Cache La Poudre Water Commissioner. Applicant applied the water to beneficial uses. Applicant claims this exchange from Comanche Reservoir as ABSOLUTE in this amount and flow rate.

6. The conditionally decreed North Lone Pine Reservoir and South 80 Reservoir No.4, named as locations at which exchange water may be stored, are abandoned and shouldbe deleted as exchange points in the decree that is sought herein.7. Names and addresses of owners of land on which the structures are located:A. Mitchell Ditch: United States of America 240 W. Prospect Road Fort Collins, CO 80526B. All reservoirs of applicant: Campbell Development, Inc. P.O. Box 10 Red Feather Lakes, CO 80545C. South Fork Pipeline: Byron Swanson 2887 N. Keats

Thousand Oaks, CA 91360WHEREFORE, Applicant requests that this Court issue its finding and determination that Applicant has exercised due and reasonable diligence during the six years following entry of the decree in Case No. 90CW139 toward completion or for completion of the exchanges decreed therein, for the absolute exchange rights herein described at paragraph 5 , and for such other relief as the Court may determine proper. 99CW107 LLOYD AND EILEEN LAND, 12501 Riverdale Road, Brighton, Colorado 80601. (Robert E. Schween, P.C., P.O. Box 262104, Highlands Ranch, Colorado 80163-2104. Telephone: 303-471-5150; Facsimile: 303-470-3103). APPLICATION FOR UNDERGROUND WATER RIGHTS, IN ADAMS COUNTY.

2. Well Permits:



3. A. Well permits for wells to withdraw ground water from the Upper Arapahoe and the Laramie-Fox Hills aquifers will be applied for prior to Applicant's need for the construction of wells into such aquifers.

B. Applicant Eileen Land applied for well permits for wells to be constructed into the Lower Arapahoe aquifer on the property herein claimed on July 21, 1998. Such well permit applications were denied by Findings of the State Engineer, dated on October 9, 1998, File Nos. AD-014269 through AD-014280. A copy of such denial report is attached as Exhibit C, hereto. (The cover letter of the report is dated October 6, 1998.) Such denials were based on the presence of a pre-existing well whose cylinder of appropriation encumbered virtually all of Applicant's Lower Arapahoe aquifer ground water underlying the 40 acres of land, more or less, claimed herein.3. Legal Description of Wells and Subject Property: The wells which will withdraw ground water from the not nontributary Upper Arapahoe and nontributary Lower Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 40 acres of land located in the NE 1/4 of the NE 1/4 of Section 33, Township 1 South, Range 67 West of the 6th P.M., Adams County, as shown on Exhibit A hereto (General Location Map) and as described in Exhibit B hereto (Property Legal Description).4. Source of Water Rights: The source of the ground water to be withdrawn from the Upper Arapahoe aquifer is not nontributary as described in §§ 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The ground water to be withdrawn from the Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary ground water as defined in § 37-90-103(10.5), C.R.S. Such classifications are consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6.5. Background: A.. Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary (and not nontributary) ground water. B. Ground water underlying Applicant's property in the Upper Arapahoe and the Laramie-Fox Hills aquifers is legally available under the provisions of § 37-90-137(4), C.R.S., and the Denver Basin Rules, 2 CCR 406-2. Upper Arapahoe aquifer ground water may not be withdrawn without first obtaining a court-approved augmentation plan therefor. No such plan is sought in this application. C. Applicant's entitlement to the nontributary ground water in the Lower Arapahoe aquifer underlying their land is clouded by records in the Office of the State Engineer indicating a prior appropriation of nearly all of same by a certain Well No. 20008-F, owned by Adams County. This application seeks to have the Court order such records corrected, and such Lower Arapahoe aquifer ground water adjudicated in the name of the Applicant based on facts to be established hereby, as follows:(1) Such Well No. 20008-F, as originally constructed, never penetrated the Lower Arapahoe aquifer, and at all times has been limited to production from the Upper Arapahoe aquifer.(2) Such well has been abandoned by over 20 years of nonuse. Alternatively, such well's appropriation must be limited to its average historical use over a representative period of time.(3) Any efforts made by the well's owner to have the State Engineer's Office recognize and treat the well as a Lower Arapahoe aquifer well are contradicted by the geological facts extant, including the State Engineer's own recent findings with respect to the boundaries of the Lower Arapahoe aquifer at this location.(4) Any records indicating that such well is a Lower Arapahoe aquifer well are in error and constitute an inequitable taking of Applicant's entitlement to such Lower Arapahoe aquifer ground water underlying Applicant's land.D. Such above stated facts are believed to be true and accurate based on Applicant's best information and belief, at the time of this application.

E. If evidence proves such above related facts to be true, Adams County, as owner of such Well No. 20008-F, through its agents and elected officials, has a duty to withdraw all claims to any rights in Lower Arapahoe aquifer ground water underlying Applicant's property described herein. In the alternative, the County must obtain Applicant's consent to use such ground water underlying Applicant's property. Section 37-90-137(4), C.R.S.

6. Estimated Amounts and Rates of Withdrawal: A. The wells will withdraw the subject amounts of ground water at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject ground water through wells to be located at any location on Applicant's property. Applicant waives any 600 foot spacing rule as described in section 37-90-137(2), C.R.S., for wells located on Applicant's property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6:

Land Saturated Ave. Annual Aquifer Area Thickness Amount (AF)Upper Arapahoe 40 Acres 45 feet 3.1Lower Arapahoe 40 Acres 125 feet 8.5Laramie-Fox Hills 40 Acres 205 feet 12.3 B. The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all nontributary and not nontributary ground water underlying Applicant's property.7. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available ground water lying below Applicant's property, as described herein, through the wells requested herein, which may be located anywhere on Applicant's property, and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with § 37-90-137(10), C.R.S.



8. Proposed Use: Applicant will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes.9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S.10. Name and Address of Owner of the Land on Which Structures are Located: The owners of the overlying land area described herein are the named Applicants herein.

11. Remarks: A.. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7.

B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. C. Applicant may withdraw the not nontributary Upper Arapahoe aquifer ground water adjudicated herein only pursuant to an approved plan for augmentation. See § 37-90-137(9)(c), C.R.S. D. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant will, within ten (10) days after filing this application, supplement this application with evidence that Applicant has given notice of this application by registered or certified mail to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located.WHEREFORE, Applicant prays that this Court enter a Decree -- Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; and Specifically determining that:A. Applicant has complied with § 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein.B. All claims of Adams County to ground water in the Lower Arapahoe aquifer underlying Applicant's property described herein are invalid for the reasons stated above. All decrees of Adams County in conflict with this finding, if any, must be amended accordingly.C. Jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes on or near Applicant's property, pursuant to § 37-92-305(11), C.R.S., and Denver Basin Rule 9A;D. At the location of Applicant's property, the ground water in the Upper Arapahoe aquifer is not nontributary, and ground water in the Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary;E. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of ground water as awarded hereby;

F. No withdrawals may be made from the Upper Arapahoe aquifer until such time when a plan for augmentation therefor has been approved by this Court; andG. No findings of diligence are required to maintain these water rights.

FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 99CW108 RANDOLPH CAPITAL CORPORATION, A TEXAS CORPORATION, 1717 West Sixth Street, Suite 390, Austin, Texas 78703 Littleton, Colorado 80123, NORTH FORK ASSOCIATES AND THE MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR WATER STORAGE RIGHT AND APPROVAL OF A PLAN FOR AUGMENTATION AND CHANGE OF WATER RIGHTS, INCLUDING EXCHANGES. IN JEFFERSON AND CLEAR CREEK COUNTIES. APPLICATION FOR WATER STORAGE RIGHT: 1. Name of Reservoir: Hicks Reservoir. 2.A. Legal Description of Location of Dam: The Hicks Reservoir is located in the SW 1/4 SE 1/4 of Section 10, Township 5 South, Range 72 West, 6th P.M., Clear Creek County, Colorado. The outlet of the dam is at a point which is approximately 800 feet from the South section line and 1,450 feet from the East section line of said Section 10. 2.B. Name and Capacity of Ditch Used to Fill Reservoir and Legal Description: The Hicks Reservoir is filled using the Hicks Ditch No. 1. The headgate of the Ditch is located on Bear Creek in the SE 1/4 SW 1/4, Section 10, Township 5 South, Range 72 West, 6th P.M., Clear Creek County, Colorado, at a point which is approximately 450 feet from the South section line and 1,550 feet from the West section line of said Section 10. The capacity of the Ditch is approximately 2.0 cubic feet per second. 3. Source: Bear Creek. 4.A. Date of Appropriation: 1924 for piscatorial, recreational, wildlife propagation and fire protection purposes. July 30, 1999 for augmentation, replacement and exchange purposes. 4.B. How Appropriation was Initiated: By construction of reservoir and filing this application with the Court. 4.C. Date Water Applied to Beneficial Use: 1924 for piscatorial, recreational, wildlife propagation and fire protection purposes. N/A for augmentation, replacement and exchange purposes. 5. Amount Claimed: 16



acre feet. 6. Uses: Recreational, piscatorial, wildlife propagation, fire protection, Absolute. Augmentation, replacement and exchange, Conditional. A. Total Number of Acres Irrigated or Proposed to be Irrigated and Legal Description: N/A. 7. Surface Area of High Water Line: 4.0 acres. A. Maximum Height of Dam: 9 feet. B. Length of Dam: 700 feet. 8. Total Capacity of Reservoir: 16 acre feet. A. Active Capacity: 16 acre feet. B. Dead Storage: 0 acre feet. 9. Names and addresses of owners of land on which the structures for the water right are located, land where dam is located and land within the high water line: Moore-Burrow, Ltd. and Jos. Irion Worsham, c/o William F. Burrow, Jr., 1717 West 6th Street, Suite 390, Austin, TX 78703. West-Brandt Foundation, 1619 County Road 480, Evergreen, CO 80439. 10. Remarks or Other Pertinent Information: A map illustrating the location of the Reservoir is attached as Exhibit "A." APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION, CHANGE OF WATER RIGHTS AND EXCHANGES: 1. Names of Structures to be Augmented: Randolph Capital Corporation ("Randolph"), or its assigns, will construct up to twenty-one wells on individually owned lots located within the W 1/2 of Section 4, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The exact locations of the wells will not be determined until a subdivision of the property is approved by Jefferson County. Each of the wells will divert water at a maximum flow rate of 15 gallons per minute. The wells will divert ground water from the alluvium and the fractured granites underlying the subject property which is tributary to unnamed tributaries of Bear Creek and unnamed tributaries of Troublesome Creek, a tributary of Bear Creek. The water will be used for domestic and ordinary household purposes, the irrigation of a limited area of lawn grass and/or gardens and fire protection purposes. 2. Water Rights to be Used for Augmentation Purposes. Randolph has contracted with North Fork Associates for the purchase of up to 44 shares of the capital stock of the Mountain Mutual Reservoir Company ("MMRC"). The holder of the shares is entitled to receive 1.382 acre feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. Portions of the following water rights will be used to meet the annual augmentation requirements for this plan: a. Warrior Ditch. 2.0 shares of the 160 shares of capital stock issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities: Appropriation Date Source Amount MMRC Share December 1, 1861 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 Bear Creek 11.49 cfs 0.1436 cfs The Bear Creek and Turkey Creek headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described below. The Ditch was originally decreed for irrigation purposes. b. Harriman Ditch. 7.71 shares of the 400 shares of capital stock issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities: Appropriation Date Source Amount MMRC Share April 15, 1868 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. c. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471, on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the irrigation of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in



Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. Water stored in the Hicks Reservoir may also be released for augmentation and replacement purposes to the extent that a call by a senior water right cannot be satisfied from the water rights described above. The Reservoir is more particularly described in Claim No. 1. Summaries of diversions into the Warrior Ditch, the Harriman Ditch and Soda Lakes Reservoirs are attached as Exhibit "B." A map illustrating lands historically irrigated by the above referenced water rights is attached as Exhibit "C." Applications to change the use of the subject Harriman Ditch, Warrior Ditch and Soda Lakes Reservoir Nos. 1 and 2 interests to include augmentation, exchange and substitution purposes, confirming the historic consumptive use of the rights and defining the terms and conditions under which the water is used for augmentation and replacement purposes have previously been approved in Case Nos. 94CW168, 95CW196, 95CW281, 95CW291, 96CW103, 96CW1046, 97CW091, 97CW280, 97CW281, 97CW282, 97CW336, 97CW337, 97CW338, 97CW372, 98CW240, 98CW241, 98CW310 and 98CW311. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S., (1998): a. Randolph proposes to subdivide a tract of land consisting of approximately 110 acres into twenty-one residential lots, each consisting of approximately 5.5 acres. The property is located in portions of the W 1/2 of Section 4, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The water supply for the lots will be obtained from the wells described in Paragraph No. 1, above. b. Wastewater from all in-building uses of water will either be treated by the Evergreen Metropolitan District, or the water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to tributaries of Bear Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons. The augmentation plan will also cover the water requirements for the irrigation of approximately 1,500 square feet of lawn grass, or equivalent gardens, per lot. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the twenty-one lots is projected to be approximately 7.49 acre feet per year. d. Depletions associated with water which is used inside the single family residences will be based on either a five percent (5%) or a ten percent (10%) consumption factor, depending upon the method of wastewater treatment that is used. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment, and the Evergreen turf adjustment as outlined in a report prepared by Blatchley Associates, Inc. which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions are anticipated to be between 1.052 and 1.382 acre feet per year. e. The required volume of augmentation water will be provided from one or more of the sources described in Paragraph No. 2, supra. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. Replacement water will be provided under one of the following alternative methods: i. If there is a live stream between the points of depletion and the headgate of the Harriman Ditch on Bear Creek, augmentation and replacement water in the Warrior Ditch and the Harriman Ditch may be left in the stream system to replace depletions then occurring. ii. If there is a live stream between the points of depletion on the above referenced tributaries of Bear Creek and Bear Creek Lake, augmentation and replacement available to MMRC in the Soda Lakes Reservoirs may be released to Turkey Creek to replace depletions. iii. To the extent that a senior water right is commanding the entire flow of the stream system and none of the above referenced exchanges can operate, water previously stored in the Hicks Reservoir or an on site storage container, or MMRC water physically transported into the basin, will be released to the stream system above the point of diversion of the senior water right. f. In order to assure that sufficient augmentation water will be available for this augmentation plan, North Fork Associates has agreed to assign to MMRC, for the benefit of Randolph and its assigns, and for use in this augmentation plan, up to 0.00393 of a cubic foot per second of the Warrior Ditch Priority No. 4, yielding up to 1.053 acre feet of consumptive use water per year, and 0.330 of an acre foot of consumptive use water decreed to the Harriman Ditch/Soda Lakes Reservoir system. The specific amounts of water assigned will be dependent upon the method of wastewater treatment. g. Out-of-priority depletions associated with water diverted from the subject wells will be included in the reports which MMRC presently makes to the State water officials for other plans for augmentation which utilize MMRC augmentation water supplies. On the basis of the submitted reports, not only for this plan but other plans administered by MMRC, and in accordance with the directives of the Division Engineer, MMRC will make the required release of augmentation water by properly documenting the in-stream delivery of replacement water or the release of storage water. Randolph and its assigns will be responsible for all releases of water from the Hicks Reservoir or for the physical importation of replacement water. h. Applicants seek judicial confirmation that the water available to them from the Harriman Ditch, Warrior Ditch, the Soda Lakes Reservoirs and Hicks Reservoir can be utilized for replacement and augmentation purposes to replace depletions as described herein. The terms and conditions associated with the usage of MMRC Bear Creek drainage basin water supplies will be consistent with those approved in prior plans for augmentation. i. Since the points of depletion associated with water use within the proposed subdivision are on tributaries of Bear Creek, and the Hicks Reservoir is located in the upper reaches of Bear Creek, Randolph



asserts appropriative rights of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S., (1998). The reach of one exchange shall extend from the confluence of Bear Creek and the South Platte River; thence up Bear Creek to the confluence of Bear Creek and Troublesome Creek in the SE 1/4 SW 1/4 of Section 35, Township 5 South, Range 71 West, 6th P.M.; thence up Troublesome Creek to the confluence of Troublesome Creek and an unnamed tributary located in the NE 1/4 SW 1/4 of Section 34, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the subject wells impact the unnamed tributary in the SE 1/4 SW 1/4 of Section 33, Township 5 South, Range 71 West, 6th P.M. The reach of the second exchange shall extend from the confluence of Bear Creek and the South Platte River; thence up Bear Creek to the confluence of Bear Creek and an unnamed tributary in the NE 1/4 NE 1/4 of Section 9, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions impact the unnamed tributary in the NW 1/4 NE 1/4 of Section 4, Township 5 South, Range 71 West, 6th P.M. The reach of the third exchange shall extend from the confluence of Bear Creek and the South Platte River; thence up Bear Creek to the confluence of Bear Creek and an unnamed tributary in the SE 1/4 SE 1/4 of Section 5, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions impact the unnamed tributary in the NE 1/4 SE 1/4 of Section 5, Township 5 South, Range 71 West, 6th P.M. The reach of the fourth exchange shall extend from the confluence of Bear Creek and the South Platte River; thence up Bear Creek to the headgate of the Hicks Ditch No. 1 in the SE 1/4 SW 1/4 of Section 10, Township 5 South, Range 72 West, 6th P.M. The exchanges will operate to replace depletions to the flow of water in Bear Creek and its tributaries as the depletions occur. The exchanges will also be used to fill the Hicks Reservoir or an on site storage container if one is determined to be needed. The exchanges will be administered with a priority date of June 14, 1999, at a maximum flow rate of 2.0 cubic feet per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80254. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80254. c. Property Described in Paragraph No. 1: Moore-Burrow, Ltd., Alice Worsham Bass, Joseph A. I. Worsham, Anna Raguet Worsham Anderson and Jos. Irion Worsham, c/o William F. Burrow, Jr., 1717 West 6th Street, Suite 390, Austin, TX 78703. WHEREFORE, Randolph, North Fork Associates and MMRC request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Randolph also requests a determination that the wells described herein can be operated without curtailment so long as out•of•priority stream depletions are replaced as proposed herein. Randolph further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (10 pages; with 3 pages of exhibits). 99CW109 Asphalt Paving Company, James R. Krattenmaker, Mgr., 14802 W. 44th Ave., Golden, CO 80403, c/o Steven P. Jeffers, P.O. Box 978, Longmont, CO 80502, 303-776-9900. Application for Determination of Nontributary Underground Water Rights in the Laramie-Fox Hills Aquifer IN WELD COUNTY. 2. Well Permits: A well permit was issued under Permit No. 047868-F on February 12, 1997. That permit has expired. Well permit applications for the wells to be constructed shall be applied for at such time as the Applicant or its successor, or assign is prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 3. Legal Description of Wells and Subject Property: The wells will withdraw nontributary ground water from the Laramie-Fox Hills aquifer underlying approximately 202.62 acres of land in all or portions of the S½ of the NW¼ and the NE¼ of §25, T1N, R67W and portions of the W½ of the NW¼ of §30, T1N, R66W, all of the 6th P.M. in Weld County, CO, as more particularly described in the attached Exhibit A and shown on the map attached hereto as Exhibit B (the Subject Property). Applicants claim the right to drill and complete such wells anywhere on the Subject Property to recover and use all physically and legally available water from the Laramie-Fox Hills aquifer as claimed herein. Without limiting the foregoing, Applicant proposes to drill a well in the NW¼ of §25, T1N, R67W, 6th P.M., in Weld County, 50 feet from the North section line and 1350 feet from the East section line of said section. 4. Source of Water: a) The source of ground water to be withdrawn by Applicant from the Laramie-Fox Hills aquifer is nontributary ground water as defined in §37-90-103(10.5), C.R.S. Applicant will comply with requirements to relinquish to the surface stream system 2% of all such nontributary ground water withdrawn on an annual basis. Otherwise, said water may be fully consumed to extinction for all beneficial uses. b) Estimated Depth: Each well will be completed to the bottom of the aquifer, which Applicant estimates to be approximately 880’ below land surface. The depth is approximate and is based on geologic and topographical information available from the Colorado State Engineer’s office, information in the expired well permit, and findings of the State Engineer related to that permit dated February 10, 1997. Actual well completion depth may vary from this estimate based on the actual conditions below the overlying land. 5. Estimated Amount and Rate of Withdrawal: The wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount. The estimated average annual amount of ground water available for withdrawal by the Applicant is based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amount are representative of the Laramie-Fox Hills aquifer at this location: Acres

Saturated Sand Thickness

Specific Yield

Annual Average Withdrawal

202.62 160 ft. 15% 48.63 acre feet



6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available ground water lying below the Subject Property through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future, as Applicant’s well field. Applicant will file applications with the State Engineer pursuant to §37-90-137(10), C.R.S. prior to construction of any additional wells. 7. Proposed Uses: Applicant intends to use, reuse, and successfully use; and after use, lease, sell or otherwise dispose of for municipal, domestic, agricultural, commercial irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Property. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions. 8. Name and Address of Owner of the Land: Applicant. 9. Determination Sought Herein: a) Applicant seeks a determination that all of the ground water underneath the Subject Property in the Laramie-Fox Hills aquifer may be withdrawn subject to the terms and conditions included in a decree to be entered in this case, and that the Applicant is the owner of said ground water. b) Applicant is the owner of the overlying land, or has the consent of the owner of the overlying land, to adjudicate all such ground water underlying said land. The average annual amount determined to be available in the decree can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decree are complied with. c) Applicant asks the Court to determine that Applicant has the right to withdraw all of the ground water in the Laramie-Fox Hills aquifer under the Subject Property through any wells initially permitted in such aquifer, and any additional wells which may be permitted and completed in the future on the Subject Property. Applicant requests the initial wells permitted in such aquifer along with any additional wells shall be treated as a well field. d) Applicant requests that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of ground water from the Laramie-Fox Hills aquifer. e) Applicant claims the right to withdraw more than the average annual amount estimated in this application pursuant to Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. f) Although the Applicant has estimated the amount of water available for withdrawal from the Laramie-Fox Hills aquifer, Applicant requests the right to revise that estimate upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicant requests the right to invoke the retained jurisdiction of the Court provided for in §37-92-305(11), C.R.S. to adjust the amount of water available for withdrawal from such aquifer.

99CW110 TORCHBEARERS OF THE CAPERNWRAY MISSIONARY FELLOWSHIP aka RAVENCREST CHALET, a California nonprofit corporation, Post Office Box 2620, Estes Park, Colorado 80517,. (Glenn E. Porzak, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, (303) 443-6800LARIMER COUNTY, APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS ANDAPPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. 1. Name and address of applicant:, 2. Description of the water rights to be adjudicated and/or augmented directly or by exchange: (a) The water rights to be adjudicated and augmented are certain wells situated on the Ravencrest Chalet property located in Section 34, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado (the “Property’). These water rights have historically been used to provide water for a bible school and retreat center. The water rights to be adjudicated and augmented hereunder are as follows: (1) Ravencrest Well No. 1: The Ravencrest Well No. 1, Permit No. 111529, is claimed for 15 gpm absolute for domestic, commercial and irrigation uses, the source of which is fractured granite, tributary to the Big Thompson River system, with an appropriation date of January 3, 1980. This water right is located in the NW/4NW/4 of Section 34, Township 5 North, Range 72 West of the 6th P.M., at a point approximately 430 feet from the North Section line and 640 feet from the West Section line of said Section 34. (2) Ravencrest Well No. 2: The Ravencrest Well No. 2, Permit No. 35651-F, is claimed for 15 gpm absolute for domestic, commercial and irrigation uses, the source of which is fractured granite, tributary to the Big Thompson River system, with an appropriation date of November 2, 1983. This water right is located in the NW/4NW/4 of Section 34, Township 5 North, Range 72 West of the 6th P.M., at a point approximately 210 feet from the North Section line and 280 feet from the West Section line of said Section 34. (3) Ravencrest Well No. 3: The Ravencrest Well No. 3, Permit No. 26190-F, is claimed for 15 gpm absolute for domestic, commercial and irrigation uses, the source of which is fractured granite, tributary to the Big Thompson River system, with an appropriation date of January 31, 1983. This water right is located in the NW/4NW/4 of Section 34, Township 5 North, Range 72 West of the 6th P.M., at a point approximately 550 feet from the North Section line and 1290 feet from the West Section line of said Section 34. This well permit expired April 13, 1995. (4) Ravencrest Well No. 4: The Ravencrest Well No. 4, Permit No. 12700 (said well is a replacement for well No. 12680-A), is claimed for 15 gpm absolute for domestic, commercial and irrigation uses,



the source of which is fractured granite, tributary to the Big Thompson River system, with an appropriation date of July 31, 1962. This water right is located in the NW/4NW/4 of Section 34, Township 5 North, Range 72 West of the 6th P.M., at a point approximately 90 feet from the North Section line and 660 feet from the West Section line of said Section 34. The above-referenced water rights are hereinafter collectively referred to as the "Ravencrest Wells." (a) The Adrian pond more particularly described in paragraph 3(b) below.3. Description of water rights to be used for augmentation: (a) Applicant is the owner of one share of the capital stock of the Handy Ditch Company, a Colorado mutual ditch company, represented by Certificate No. 3847, by which applicant has a 1/900ths share of the following direct flow and storage rights: (1) Handy Ditch, transferred from the Big Thompson Ditch and Manufacturing Company, all on the Big Thompson River, adjudicated by original decree of the District Court in and for Larimer County, entered May 28, 1883: (I) Priority No. 2, for 1.39 cfs, appropriation date April 1, 1863; (ii) Priority No. 4, for 1.52 cfs, appropriation date May 1, 1864;(iii) Priority No. 5, for 20.00 cfs, appropriation date February 25, 1865; (iv) Priority No. 10-1/2, for 2.69 cfs appropriation date March 1, 1867; (v) Priority No. 20, for 0.40 cfs, appropriation date May 1, 1872. (2) Handy Ditch by original appropriation, from the Big Thompson River by decree of the District Court in and for Larimer County entered May 28, 1883: (I) Priority No. 39, for 31.2 cfs, appropriation date February 28, 1878; (ii) Priority No. 47-1/2, for 141.234 cfs, appropriation date December 15, 1880. The headgate for the Handy Ditch is located in Section 3, Township 5 North, Range 70 West of the 6th P.M. The water rights represented by applicant’s ownership of one share of the Handy Ditch Company have been historically used to irrigate a portion of an 18 acre farm located in the SE/4 SE/4 of Section 29, T. 4 N., R. 69 W. of the 6th P.M. This historic practice has resulted in a crop consumption of water in excess of 6 acre feet annually. The northeasterly 4 acres of this property has been permanently removed from irrigation. (b) Applicant has the contract right to the annual release of 1.0 acre feet per year from the Adrian Pond, decreed on March 3, 1981, by the District Court in and for Water Division No. 1 in Case No. 79CW034, for 20 acre feet absolute for augmentation and other purposes. The Adrian Pond is located in the SW/4 of Section 17, T. 5 N., R. 72 W. of the 6th P.M., Larimer County, Colorado, at a point approximately 400 feet North and 1000 feet East of the Southwest corner of said Section 17. The source is North End and Fox Ridge Creeks, tributaries of the Big Thompson River. 4. Application for Water Rights. By this application, applicant seeks to adjudicate independent water rights for the Ravencrest Wells more particularly described in paragraph 2 above. 5.Statement of the plan for augmentation and exchange. (a) Plan for augmentation and exchange. By the present application, applicant seeks the right to divert water out of priority on a year-round basis from the Ravencrest Wells and store water out of priority in the Adrian Pond for domestic, commercial, irrigation and augmentation uses in connection with the Property. To permit such otherwise out of priority diversion and/or storage, applicant proposes to cause the release of or otherwise commit to the Big Thompson River drainage basin water from the water rights more particularly described in paragraph 3 above to replace out of priority depletions as calculated in accordance with paragraph 5(b) below, up to a maximum of 6 consumptive acre feet per year. The precise timing and amount of releases from the Adrian Pond described in paragraph 3 shall be subject to administration by the Division Engineer for Water Division No. 1. (b) Depletion Assumptions. So as to assure the replacement of all out of priority depletions covered by the subject plan for augmentation and exchange, the following assumptions shall be employed in determining the amount of depletions resulting from the use of water in connection with the Property: (1) 1.6 acre feet of water will be annually consumed for each acre of irrigated turf grass and landscape in connection with the Property. As only approximately 0.5 acres of residential lawn will be irrigated, less than 0.8 acre feet will be consumed for irrigation purposes. (2) In-house domestic and commercial diversions from the water rights described in paragraph 2 above will be metered. As in-house wastewater will be treated by an on-site septic tank/leachfield system, 10% of all in-house domestic and commercial water diversions will be consumed. Current projections are for a total of 10 acre feet of in-house diversions in connection with the Property, of which 1.0 acre will be consumed. (3) Evaporation losses from the Adrian Pond have been determined to be approximately 2 acre feet per surface acre by virtue of the decree in Case No. 82CW128. As the Adrian Pond consists of 2 surface acres when full, applicant’s portion of



the pond evaporation losses equals a maximum of 0.2 acre feet per year. In order to allow for the mix of water uses within the proposed development to change over time, applicant seeks the right to change the mix of water uses permitted under this plan from those currently projected so long as the total out of priority depletions based on the depletion assumptions set forth above do not exceed 6 acre feet annually. Any water not consumed in connection with the proposed development and present plan for augmentation and exchange will be available for use in connection with future augmentation plans approved by the Court. (c) Exchange Reach. The downstream terminus of the exchanges requested herein is the point of diversion of the Handy Ditch described in paragraph 3(a). The upstream termini of the exchanges are the location of the Ravencrest Wells described in paragraph 2 above, and the Adrian Pond described in paragraph 3(b) above. (d) Additional Wells. In the event any supplemental or replacement wells are required or desired for the Ravencrest Wells described in paragraph 2 above, applicant requests that such wells be automatically incorporated in this plan for augmentation and exchange provided they are subject to all the terms and conditions set forth herein. (e) Priority Date. Applicant seeks a April 16, 1999 priority date in connection with the subject plan for exchange.WHEREFORE, applicant requests that this Court enter a decree which:

(I) Adjudicates the Ravencrest Wells more particularly described in paragraph 2(a) above; (ii) Approves applicant’s plan for augmentation and exchange described in paragraph 5, including all assumptions employed in connection therewith; (iii) Orders the State Engineer to issue any required well permits for the wells described in paragraphs 2 and 5(d) above; (iv) Grants applicant the right to use independent to the priority system the augmented water rights described herein; and (v) Finds that as a result of applicant’s augmentation and exchange plan there will be no injury to any owner of or persons entitled to use water under a vested water right, and determines that any surplus replacement water will be available for future augmentation plans.

99CW111 CECIL AND MARY ANN LENZ, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: Cecil and Mary Ann Lenz, P.O. Box 518, Castle Rock, Colorado 80104 (303) 688-3756 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 40 acres of land located in the SW1/4NE1/4 of Section 24, T8S, R67W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated EstimatedAquifer Thickness Annual AmountDenver 290 feet 20 acre-feetArapahoe 355 feet 24 acre-feetLaramie-Fox Hills 160 feet 10 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.



R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.;B. The groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 99CW112 TAYLOR LAND CO., LTD. AND CARROLL LAND COMPANY, INC., APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Taylor Land Co., Ltd. and C.G. Taylor, 7340 Wedgwood Circle, Parker, Colorado 80134 (303) 841-5962 and Carroll Land Company, Inc., 6300 South Syracuse Way, Suite 300, Englewood, Colorado 80111 (303) 773-2800.(Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 155.28 acres of land located in the W1/2W1/2 of Section 16, and an approximately 17 acre parcel of land located in the N1/2N1/2 of Section 20, T9S, R67W of the 6th P.M., as more particularly described and shown on Attachment A hereto (Subject Property). The wells which will withdraw the subject groundwater will be located at any location on the Subject Property and through wells located on adjacent land owned by Applicants under which the Denver Basin Groundwater has been adjudicated in Case Nos. 79CW354 (generally located in Sections 8, 9, 16, 17, and 18, T9S, R67W of the 6th P.M. Also, amounts of groundwater owned by Applicants and decreed in Case No. 79CW354 and 94CW099 may be withdrawn through wells to be located on the Subject Property.4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying all of the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated EstimatedAquifer Thickness Annual AmountDenver 473 feet 131 acre-feetArapahoe 190 feet 55 acre-feetLaramie-Fox Hills 180 feet 44 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. Applicant's also request that groundwater decreed in Case Nos. 79CW354 also be included in any well fields affecting the groundwater which is the subject of this application. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied



with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 99CW113 REMINGTON RANCH, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: Remington Ranch, LLC, 891 Castlewood Canyon Road, Castle Rock, Colorado 80104 (303) 688-7951 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 634 acres of land located in the W1/2NW1/4 and the NW1/4SW1/4 of Section 14, and the N1/2, N1/2S1/2, and the SW1/4SW1/4 of Section 15, T10S, R66W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual AmountDawson 370 feet 469 acre-feetDenver 425 feet 458 acre-feet Arapahoe 360 feet 361 acre-feet Laramie-Fox Hills 200 feet 196 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicant will reserve part of the Dawson aquifer water which may be available underlying the Subject Property for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage, and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Dawson aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in.



99CW114 HAROLD L., SHIRLEY J., AND KEVIN J. MINNE, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Harold L., Shirley J., and Kevin J. Minne, 2714 W. Irvington Place, Denver, Colorado 80219 (303) 936-6914 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 21.32 acres of land located in the S1/2SE1/4 of Section 32, T8S, R65W, 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well which will be requested to be repermitted to operate pursuant to the augmentation plan requested below, if necessary. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated AnnualAquifer Thickness AmountUpper Dawson 215 feet 9 acre-feetLower Dawson 140 feet 6 acre-feetDenver 225 feet 8 acre-feetArapahoe 270 feet 10 acre-feetLaramie-Fox Hills 202 feet 6 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection purposes. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above over a 100 year period. Applicants reserve the right to increase or decrease this amount without amending this application or republishing the same. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water to provide domestic, irrigation, small qualifying commercial and stockwatering use on the Subject Property, which water may be withdrawn at rates of flow necessary to withdraw the decreed amount. For purposes of this application, inhouse use will require approximately 0.3 acre-feet per year per residence, small qualifying commercial use will require approximately 0.1 acre-feet per year, irrigation use will require approximately 0.057 acre-feet per year for irrigation of every 1000 square-feet of home lawn or garden and 0.05 acre-feet per year for irrigation of every 1000 square-feet of pasture, and stockwatering will require approximately 0.05 acre-feet per year for stockwatering of every 4 large domestic animals. Applicants reserve the right to add uses based on actual use of the water on the Subject Property, if necessary. Sewage treatment for inhouse and small qualifying commercial use will be provided by non-evaporative septic systems. Consumptive use associated with in-house and small qualifying commercial use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Cherry Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River



system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 99CW115 3D RANCH, INC., DELMER AND LAVERNE 2 TRUST, AND DEER CREEK WATER COMPANY, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER AND LOWER DAWSON AQUIFERS, IN ELBERT COUNTY. 1.Name, Address, Telephone Number of Applicants: 3D Ranch, Inc., Delmer and Laverne 2 Trust, and Deer Creek Water Company, 3364 Quail Ridge, Parker, Colorado 80138 (303) 646-3555 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500 Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper and Lower Dawson and nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 780 acres of land located in all of Section 6, except for the easterly approximately 727 feet of the SE1/4 of said section, T7S, R64W; the SE1/4 of Section 1, T7S, R65W; and the southerly approximately 600 feet of the SW1/4 of Section 31, T6S, R64W, all of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including existing wells completed into the Upper Dawson aquifer which wells will be requested to be repermitted to operate pursuant to the augmentation plan requested below. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated AnnualAquifer Thickness AmountUpper Dawson 140 feet 218 acre-feetLower Dawson 40 feet 62 acre-feetDenver 317 feet 420 acre-feetArapahoe 315 feet 418 acre-feetLaramie-Fox Hills 175 feet 205 acre-feetThe average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial



purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection purposes. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above over a 100 or more year period. Applicants reserve the right to increase or decrease this amount without amending this application or republishing the same. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water to serve up to 300 residential lots through central wells for domestic, irrigation, and stockwatering use on the Subject Property at rates of flow necessary to withdraw the entire annual amount. For purposes of this application, inhouse use will require approximately 0.3 acre-feet per year per lot, irrigation use will require approximately 0.057 acre-feet per year for irrigation of every 1000 square-feet of home lawn or garden, and stockwatering will require approximately 0.05 acre-feet per year for stockwatering of every 4 large domestic animals. Applicants will also use part of the water for commercial use. Applicants reserve the right to amend the number of lots to be served and these values based on final planning considerations for the Subject Property. Sewage treatment for inhouse and commercial use will be provided by non-evaporative septic systems. Consumptive use associated with in-house and commercial use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Coal Creek and Running Creek stream systems. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper and Lower Dawson aquifer is not nontributary and groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 99CW116 (90CW231) CITY OF THORNTON, 9500 Civic Center Drive, Thornton, Colorado 80229. APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE A PORTION OF A CONDITIONAL WATER RIGHT, IN ADAMS AND JEFFERSON COUNTIES.

2. Name of Structure: Lower Clear Creek Ditch (a.k.a. the Clear Creek and Platte River Ditch), West Gravel Lakes, Brannan Lake, Croke Canal, Standley Lake, Farmers High Line Canal, Croke Reservoir No. 12 (a.k.a. Croke & Badding Reservoirs), Eastlake Reservoirs 1, 2 & 3 and Poitz Reservoir (a.k.a. Huntees Glen Reservoir).3. Describe conditional water rights as to each structure, giving the following from the Findings of Fact, Conclusions of Law and Decree:3.1. Decreed Water Rights: Clear Creek - South Platte River Exchange

3.1.1. Date of Original Decree: July 15, 19!9.3, Case No. 90CW231, District Court, Water Division No. 1.3.1.2. Location of Points of Diversion:



3.1.2.1. The headgate of the Lower Clear Creek Ditch as it presently exists and as it may be relocated in the future CLower Clear Creek Headgate"). The Lower Clear Creek Headgate is presently located on the north bank of Clear Creek in the SE/4 of SecUon 4, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado.3.1.2.2. The headgate of the Croke Canal as it presently exists and as it may be relocated in the future CCroke Canal Headgate"). The Croke Canal Headgate is presently located on the north bank of Clear Creek in the NW/4 of the NE/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado.3.1.2.3. The headgate of the Farmers High Line Canal as it presently exists and as it may be relocated in the future ("Farmers High Line Headgate"). The Farmers High Line Headgate is presently located on the north bank of Clear Creek in the NW/4 of the SW/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado.

3.1.3. Location of Points of Release of Substitute Supplies:3.1.3-1. The confluence of Clear Creek and the South Platte River. The

confluence of Clear Creek and the South Platte River is currently located in the SE/4 of Section 36, Township 2 South, Range 68 West, of the 6hP. M., in Adams County, Colorado.

3.1.3.2. The outlet of Tani Lakes on the South Platte Rver as it currentlyexists and as it may be relocated in the future (the "Tani Outfall"). The Tani Outfall is currently located on the South Platte River in theSE/4 of Section 25, Township 2 South, Range 68 West, of the P.M., in Adams County, Colorado.

3.1.3.3. The outfall of the Metro Wastewater Reclamation District Plant onthe South Platte River as it currently exists and as it may be relocated in the future (the 'Metro Outfall"). The Metro Outfall is curren y ocated on the South Platte River near the section line between Sections I and 12, Township 3 South, Range 68 West, of the 6" P.M., in Adams County, Colorado.

3.1.4. Source: Clear Creek and its tributaries.3.1.5. Appropriation Date: November 8, 1990.3.1.6. Amount 200 cfs, CONDITIONAL.3.1.7. Uses: All municipal uses, including domestic, mechanical, manufacturing, industrial, power generation, including generation of electric power, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, fish culture, agricultural uses, maintenance and preservation of wildlife and aesthetic values, and for the replacement, adjustment and regulation including exchange and augmentation among the units of the City of Thomton Municipal Water System within themselves and with other water users. Thomton shall have the right to a single use of water diverted by exchange of substitute supplies that have been decreed for only a single use. To the extent that water diverted by Thomton under the subject exchanges is fully replaced with reusable substitute supplies, Thomton has the right to use, reuse, successively use and dispose of to extinction, the water diverted by the subject exchanges.

4. Outline of work done during the diligence period toward completion, or for completion, of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. The following work was done, in part, for the water rights decreed in Case No. 90CW231.4.1. Thomton's East Gravel Lakes acquisition - ,- lining and development ($1,990,070).4.2. East Gravel Lakes fence ($88,817).

4.3. Tani (East Gravel Lakes) Nos. 1-3 Lining Project ($157,563).4A.4.5.4.6.4.7.4.8.4.9.4.10.4.11.4.12.4.13.4.14.4.15.



4.16.4.17.4.18. South Dahlia Pit purchase and interconnect ($2,951,687). North Dahlia Pit-South Dahlia Pit interconnect ($193,097). East and West Gravel Lakes pretreatment ($219,335). West Gravel Lakes erosion control ($110,667). West Gravel Lakes overflow weir ($6,645).Brannan Lakes facilities ($1,715,298).Brannan Lakes reclamation ($37,903).Lower Clear Creek Ditch enlargement ($47,558).Columbine Treatment Plant clarifier modifications ($566,034).Columbine Treatment Plant automaton ($493,956).Thornton Treatment Plant clarifier modifications ($798,941).Standley Lake Pipeline Improvements ($454,679).Standley Lake Dam Improvements ($157,563).Clear Creek water quality sampling and monitoring ($690,000).During the diligence period Thornton participated in numerous Water Court cases to protect the quality and quantity of the Clear Creek water ava@ilable,- in part, to the water rights decreed in Case No. 90CW231. Legal and engineering costs associated with participation in these cases total approximately $750,392.

5. If claimed to make absolute:

5.1. Dates and Amounts: Thornton has exercised the subject water rights on 45 days at varying rates during the diligence period. The maximum exercise of certain components of the subject water rights are described below:

5.1.1. Lower Clear Creek Ditch - On April 28, 1996, Thornton diverted 13.83 cft at the Lower Clear Creek Ditch in exchange for release of 13.83 cfs of reusable effluent at the Metro Outfall.5.1.2. Croke Canal - On June 11, 1994, Thornton diverted 24.65 cfs at the Croke Canal in exchange for release of 24.65 cfs to the South Platte River at the Tani Outfall.

5.2. Uses: As desceibed in paragraph 3.1.7 above.5.3. Description of place where water was applied to beneficial use: All water applied to beneficial use under the decree in Case No. 90CW231 was used within the Thornton water service area.

6. Additional.remarks:Under paragraph 59.2.1 of the remand decree of the Division No. 1 water court in Consolidated Cases No. 86CW401-403 and 87CW332, the water court, in assessing Thornton's need for the newly-appropdated water rights decreed therein in diligence proceedings and proceedings to make those rights absolute, is entitled to consider Thornton's use or disposition of the portfolio of water rights Thornton now owns. By this application, Thornton seeks a finding and decree of the water court that its prosecution and use of the water eight decreed in 90CW231 is consistent with and in furtherance of paragraph 59.2.1 of the remand decree in Consolidated Cases No. 86CW401-403 and 87CW332.WHEREFORE, Thornton respectfully requests the judgment and decree of this Court that

1. The conditional decree in Case No. 90CW231 is made absolute in the amounts of13.83 cfs at the Lower Clear Creek Ditch and 24.65 cfs at the Croke Canal for the usesset forth in paragraph 3.1.7 above.

2. Thornton has diligently pursued the completion of the portion of the water rights decreed in Case No. 90CW231 that is not yet absolute, and this portion of the priority shall be continued as a conditional water 6g ht for another diligence period.3. Thornton's prosecution and use of the water right decreed in 90CW231 is consistent with and in furtherance of paragraph 59.2.1 of the remand decree in Consolidated Cases No. 86CW401-403 and 87CW332, Water Division No. 1; and4. Such other relief as the Court deems proper.



98 CW 323 WELD COUNTY LAND INVESTORS, INC., c/o Capital Agricultural Property Services, Inc., P.O. Box 1302, Palisade, CO 81526. FIRST AMENDED APPLICATION FOR SURFACE WATER RIGHTS AND FOR WATER STORAGE RIGHTS, IN WELD COUNTY. The original application was filed on August 6, 1998. This First Amended Application is filed to clarify the location of the diversions; enlarge the pond referred to as Adler No. 1; and add an additional pond, Adler No. 3. First Claim APPLICATION FOR SURFACE WATER RIGHTS 1. Name of structure: Spring No. 1 Spring No. 2 Spring No. 3 Spring No. 4 Spring No. 5 Spring No. 6 2. Legal description of each point of diversion: (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate 1/41/4, section number, township, range and meridian; include map): Spring No. 1: SE 1/4 SW 1/4 Section 28, Township 4 North, Range 68 West of the 6th P.M. 2,440 Feet east of the west section line and 495 feet North of the section line. Spring No. 2: SW 1/4 SW 1/4 Section 33, Township 4 North, Range 68 West of the 6th P.M., 1300 feet North of the Section line and 330 feet east of the Section line. Spring No. 3 NW 1/4 SW 1/4 Section 33, Township 4 North, Range 68 West of the 6th P.M. 825 feet east of the section line and 2100 feet North of the section line. Spring No. 4: SW 1/4 NW 1/4 Section 33, Township 4 North, Range 68 West of the 6th P.M. 990 feet east of the section line and 1330 feet south of the section line. Spring No. 5: NW 1/4 NW 1/4 Section 33, Township 4 North, Range 68 West of the 6th P.M. 825 feet east of the section line and 775 feet south of the section line. Spring No. 6: NE 1/4 NE 1/4 Section 33, Township 4 North, Range 68 West of the 6th P.M. 1155 feet west of the section line and 1155 feet south of the section line. See Attached Map. 3. Source: Spring No. 1: Tributary to Little Thompson River Spring No. 2: Tributary to Little Thompson River Spring No. 3: Tributary to Little Thompson River Spring No. 4: Tributary to Little Thompson River Spring No. 5: Tributary to Little Thompson River Spring No. 6: Tributary to Little Thompson River



4. A. Date of initiation of appropriation: Spring No. 1: 1976 Spring No. 2: 1976 Spring No. 3: 1976 Spring No. 4: 1976 Spring No. 5: 1976 Spring No. 6: 1976 B. How appropriation was initiated: Spring No. 1: Since date of purchase of property by Weld County Land Investors Inc. in 1976, the area surrounding the Spring has been protected and used for wildlife habitat and livestock watering. This was accomplished by directing and controlling the flow of Spring No. 1. Spring No. 1 currently drains into an area that will be developed into Curt’s Pond No. 1 water right applied for herein. The flows from Spring No. 1 will be diverted into a newly defined channel and will run through a measuring device. Spring No. 2: Since date of purchase of property by Weld County Land Investors Inc. in 1976, the area surrounding the Spring has been protected and used for wetlands, wildlife habitat and livestock watering. This was accomplished by directing and controlling the flow of Spring No. 2. Spring No. 2 currently drains into an existing pond area, Adler Pond No. 2, water right applied for herein. This area maintains a wetland type of vegetation. The Spring will be diverted into a newly defined channel and will be run through a measuring device. Spring No. 3: Since date of purchase of property by Weld County Land Investors Inc. in 1976, the area surrounding the Spring has been protected and used for wildlife habitat and livestock watering. This was accomplished by directing and controlling the flow of Spring No. 3. Spring No. 3 currently drains into an existing pond area, Adler Pond No. 2, water right applied for herein. This area maintains a wetland type of vegetation. The Spring will be diverted into a newly defined channel and will run through a measuring device. Spring No. 4: Since date of purchase of property by Weld County Land Investors Inc. in 1976, the area surrounding the Spring has been protected and used for wildlife habitat and livestock watering. This was accomplished by directing and controlling the flow of Spring No. 4. Spring No. 4 will drain into Curt’s Pond No.2, water right applied for herein. This area maintains a wetland type of vegetation. The Spring will be diverted into a newly defined channel and will run through a measuring device. Spring No. 5: Since date of purchase of property by Weld County Land Investors Inc. in 1976, the area surrounding the Spring has been protected and used for wildlife habitat and livestock watering. This was accomplished by directing and controlling the flow of Spring No. 5. Spring No. 5 will drain into Curt’s Pond No. 2, water right applied for herein. This area maintains a wetland type of vegetation. The spring will be diverted into a newly defined channel and will run through a measuring device. Spring No. 6: Since date of purchase of property by Weld County Land Investors Inc. in 1976, the area surrounding the Spring has been protected and used for wildlife habitat and livestock watering. This was accomplished by controlling and directing the flow of Spring No. 6. This area maintains a wetland type of vegetation, that will continue to be protected and put to beneficial use. Spring No. 6 will be diverted through a measuring device into Adler No.3, water right applied for herein. C. Date water applied to a beneficial use: Spring No. 1: 1976 Spring No. 2: 1976 Spring No. 3: 1976



Spring No. 4: 1976 Spring No. 5: 1976 Spring No. 6: 1976 5. Amount claimed: Spring No. 1 .10 c.f.s., Absolute Spring No. 2 .10 c.f.s., Absolute Spring No. 3 .10 c.f.s., Absolute Spring No. 4 .10 c.f.s., Absolute Spring No. 5 .10 c.f.s., Absolute Spring No. 6 .10 c.f.s., Absolute 6. Use or proposed use: Spring No. 1 livestock watering, wildlife habitat, wetlands, aesthetics, storage Spring No. 2 livestock watering, wildlife habitat, wetlands, aesthetics, storage Spring No. 3 livestock watering, wildlife habitat, wetlands, aesthetics, storage Spring No. 4 livestock watering, wildlife habitat, wetlands, aesthetics, storage Spring No. 5 livestock watering, wildlife habitat, wetlands, aesthetics, storage Spring No. 6 livestock watering, wildlife habitat, wetlands, aesthetics, storage A. Full Description of Use Spring No. 1: This spring flows down a nature draw. The spring has a seasonal flow. The spring flows will be diverted, controlled and directed into Curt’s Pond No. 1. This pond will be used for aesthetics, storage, wildlife habitat, livestock watering, and wetlands, including wetlands farming. The quality of this spring is unacceptable for traditional irrigation purposes. Spring No. 2: The spring flows through a natural drainage, and will be used for wildlife habitat, storage, livestock watering , wetlands, including wetlands farming and aesthetics. Spring 2 and Spring 3 will be diverted, controlled and directed to create a pond, Adler No. 2, that will have all of the above identified uses. There currently exists a partial structure of an old pond. The quality of water in Spring No. 2 is insufficient to be used for traditional irrigation. Spring No. 3: The spring flows through a natural drainage, and will be used for wildlife habitat, livestock watering, wetlands, including wetlands farming, esthetics and storage. Spring 2 and Spring 3 will be diverted, controlled and directed to create a pond, Adler No. 2, that will have the above identified uses. There currently exists a partial structure of an old pond. The area exists currently as a wetlands area and pond. The quality of water in Spring No. 3 is insufficient to be used for traditional irrigation purposes. Spring No. 4: The spring flows through a natural drainage, and will be used for the wildlife habitat, livestock water, wetlands, including wetlands farming, aesthetics and storage. Spring 4 and Spring 5 will be diverted into a new pond, Curt’s Pond No. 2, that will have all of the above identified uses. The quality of water in Spring No. 4 is insufficient to be used for irrigation purposes. Spring No. 5: The spring flows through a natural drainage, and will be used for wildlife habitat, livestock



water, wetlands, wetlands farming, aesthetics and storage. Spring 4 and Spring 5 will be diverted into a new pond, Curt’s Pond No. 2, that will have all of the above identified uses. The quality of water in Spring No. 5 is insufficient to be used for irrigation purposes. Spring No. 6: The spring flows intermittently and will be used for storage, wildlife habitat, livestock water, wetlands, including wetlands farming and aesthetics. Spring 6 will be diverted into a new pond Adler No. 3, right applied for herein. Spring 6 will be used for all of the above identified uses. The quality of water in Spring No. 6 is insufficient to be used for irrigation purposes. 7. Name and address of owner of land on which points of diversion and place of use are located: Spring No. 1: Weld County Land Investors, Inc. c/o Capital Agricultural Property Services, Inc. P.O. Box 1302 Palisade, CO 81526 Kim Morton The Northern Trust Company M-12; 50 S. LaSalle Street Chicago, IL 60532 Spring No. 2: SAME Spring No. 3: SAME Spring No. 4: SAME Spring No. 5: SAME Spring No. 6: SAME Second Claim APPLICATION FOR WATER STORAGE RIGHTS 1. Name of Structure: Curt’s Pond No. 1 Adler No. 2 Curt’s Pond No. 2 Adler No. 1 Adler No. 3 2. Legal Description: Curt’s Pond No. 1 SW 1/4 SE 1/4 Section 28, Township 4 North, Range 68 West, 6th P.M. 2440 feet west of the east section line and 1000 feet north of south section line. Adler No. 2- NW 1/4 SW 1/4 Section 33, Township 4 North, Range 68 West of the 6th P.M., 2300 feet north of the section line and 300 feet east of the section line. Curt’s Pond No. 2 - NW1/4 NW 1/4 Section 33, Township 4 North, Range 68 West, 6th P.M.



Approximately 990 feet south of the north section line and 300 feet east of the west section line. Adler No. 1 - NW 1/4 NW 1/4 Section 28, Township 4 North, Range 68, West 6th P.M. 1,155 feet east of the west section line and 2,310 feet south of the north section line. Adler No. 3 - NW 1/4NE1/4 Section 33, Township 4 North, Range 68, West 6th P.M. 1,320 feet west of the east section line and 500 feet south of the north section line. See Attached Map 3. Source:(stream, tributary, river or well) Curt’s Pond No. 1: Spring No. 1, water right applied for herein and tailwater. Adler No. 2: Spring No. 2 and Spring No. 3, water right applied for herein. Curt’s Pond No. 2: Spring No. 4 and Spring No. 5, water right applied for herein. Adler No. 1: Tailwater and local runoff. Adler No. 3: Spring No. 6, water right applied for herein, tailwater and local runoff. 4. A. Date of appropriation: Curt’s Pond No. 1: May 1995 Adler No. 2: 1976 Curt’s Pond No. 2: May 1995 Adler No. 1: May 1995 Adler No. 3: May 1995 B. How appropriation was initiated: Curt’s Pond No. 1: Field Inspection Adler No. 2: Partial existing structure, Field inspection Curt’s Pond No. 3: Field Inspection Adler No. 1: Field Inspection Adler No. 3: Field Inspection C. Date water applied to a beneficial use: Curt’s Pond No. 1: n/a Adler No. 2: n/a Curt’s Pond No. 2: n/a Adler No. 1: n/a



5. Amount claimed: A. (in acre feet Absolute or Conditional) Curt’s Pond No. 1: 25 a. f. Conditional Adler No. 2: 25 a.f. Conditional Curt’s Pond No. 2: 25 a.f. Conditional Adler No. 1: 25 a.f. Conditional Adler No. 3: 25 a.f. Conditional 6. Use or proposed use: Curt’s Pond No. 1: Is to be constructed and will be used for storage, wildlife habitat, piscatorial, aesthetics, stock watering. Spring No. 1 will be used to fill and refill the Pond. Tailwater and local runoff will be used to fill and refill the Pond. Adler No. 2: Is an existing partial structure that has been used for storage, wildlife habitat, piscatorial, aesthetics and stock watering. Adler No. 2 seeks the right to fill and refill from Springs No. 2 and No.3, right applied for herein. Curt’s Pond No. 2: Is to be constructed and will be used for storage, wildlife habitat piscatorial, aesthetics, and stock watering. This Pond seeks the right to fill and refill from Springs No. 4 and No. 5. Adler No. 1: Is to be constructed and will be used for storage, wildlife habitat, piscatorial, aesthetics and stock watering. This Pond seeks the right to fill and refill from runoff and tailwater. Adler No. 3: Is to be constructed and will be used for storage, wildlife habitat, piscatorial aesthetics and stock watering. This Pond seeks the right to fill and refill from Spring No.6, local runoff and tailwater. 7. Surface area of high water line: Curt’s Pond No. 1: 4.5 acres Adler No. 2: 4.5 acres Curt’s Pond No. 2: 4.5 acres Adler No. 1: 2.18 acre Adler No. 3: 4.5 acres A. Maximum height of dam in feet: Curt’s Pond No. 1: 11 feet Adler No. 2: 11 feet Curt’s Pond No. 2: 11 feet Adler No. 1: 11 feet Alder No. 3: 11 feet



B. Length of dam in feet: Curt’s Pond No. 1: 1200 feet Adler No. 2: 1200 feet Curt’s Pond No. 2: 1200 feet Adler No. 1: 600 feet Adler No. 3: 1200 feet Total capacity of reservoir in acre feet: Curt’s Pond No. 1: 25 acre feet Adler No. 2: 25 acre feet Curt’s Pond No. 2: 25 acre feet Adler No. 1: 25 a.f. Adler No. 3: 25 a.f. 8. Name and address of owner of land on which points of diversion and place of use are located: All Structures: Weld County Land Investors, Inc. c/o Capital Agricultural Property Services, Inc. P.O. Box 1302 Palisade, CO 81526 Kim Morton The Northern Trust Company M-12 ; 50 S. LaSalle Street Chicago, IL 60532 9. Remarks or any other pertinent information: Curt’s Pond No. 1: This structure will be constructed in a natural draw, drainage area. The Pond will be designed with an outlet sufficient to let water leave the structure. Adler No. 2: This pond is currently a partial structure. The rights applied for herein are to protect and preserve the existing structure and uses associated with the Pond and to store water diverted from Spring No. 2 and Spring No. 3.. The Pond will have an outlet to allow water to leave the structure. Curt’s Pond No. 2: This pond will be constructed to collect water diverted from Spring No. 4 and Spring No. 5 and will be constructed in a natural draw. Adler No. 1: This pond will be constructed to collect tailwater runoff. Adler No. 3: This pond will be constructed to collect water diverted from Spring No. 6, local runoff and tailwater. 98CW425 Double E & G, Inc., c/o Stanley K. Everitt, 3000 S. College Ave., Ft Collins, CO 80525. William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Ft Collins, CO 80522. First Amended Application for Water Storage Right, IN WELD COUNTY. All portions of the application herein filed with the Water Court, Water



Division No. 1, on 12/16/98, and published at pages 3 and 4 of the December, 1998, resume shall remain as originally published, except as specifically described below. Paragraph 3(B)(ii), whereby applicant claims diversion by means of the Whitney Ditch, is deleted. In place thereof, applicant substitutes the following: “ii. Diversion from Hoehne/Simpson Seep Ditch, a tributary of the Cache La Poudre River: a.) The Hoehne/Simpson Seep Ditch carries water that flows into it by seepage, surface flows from irrigation tailwater, and precipitation that occur in the NE¼ Sec. 19, NE¼ SE¼ Sec. 19, and SE¼ Sec. 18, T6 N, Range 67 W. 6th P.M., Weld County, Colorado, and from precipitation, all of which is water tributary to the Cache La Poudre River. The Hoehne/Simpson Seep Ditch extends in a northerly direction from Simpson Lake for a distance of approximately 650 feet as a surface ditch, at which point it continues northward, but is below grade, with its course and length unknown. b.) The Hoehne/Simpson Seep Ditch enters Simpson Lake at a point on the northern boundary of the lake situate in the NE¼ SE¼ Sec. 19. c.) The rate of diversion from the Hoehne/Simpson Seep Ditch is 0.11 c.f.s. d.) Waters from the Hoehne/Simpson Seep Ditch will either be checked from flowing into Simpson Lake, or all inflows from the seep ditch will be promptly released to the Cache La Poudre River, at times when the right is not in priority.” 4. Paragraph 5(B) of the application describing how the appropriation was initiated is amended as follows: “On 4/30/99, 267.972 a.f. of water was diverted in priority from the Cache La Poudre River and stored in Simpson Lake, and used for the following beneficial uses: recreation, wildlife habitat and fish propagation. It was also fully available for use in fire fighting.” The remainder of paragraph 5(B) is unchanged. 5. Paragraph 5(C) is deleted in its entirety and replaced with the following: “C. Date water applied to beneficial use: 4/30/99.” 6. Paragraph 6 of the application is amended as follows: “6. Amount claimed: A. 267.972 a.f. ABSOLUTE as to recreation, wildlife habitat, fish propagation and fire fighting. The right to one full refill annually is also claimed. B. If off-channel reservoir, rate of diversion in c.f.s. for filling the reservoir: Siphon: 3 c.f.s. Hoehne/Simpson Seep Ditch: 0.11 c.f.s.” 7. Applicant is withdrawing its claim for augmentation use. Therefore, paragraph 7 of the application regarding the uses of the water claimed is amended in its entirety and the following is substituted in its place: “Uses: Recreation, wildlife habitat, fish propagation, and fire fighting.” 8. Paragraph 10 of the application is amended to include the following as owners of the Hoehne/Simpson Seep Ditch: “C. Double E & G, Inc., 3000 S. College Ave., Ft. Collins, CO 80525; Otto E. Hoehne, 6994 Hwy 392, Windsor, CO 80550.” 9. All statements of opposition filed herein are deemed by the applicant to apply fully to the application as amended.

99CW077 FOOTHILLS PARK AND RECREATION DISTRICT, c/o Robert A. Easton, Executive Director, 2200 S. Kipling Street, Lakewood, CO 80227. This application which was listed in the May, 1999 Resume was in error: an incorrect designation of the county as "Boulder" County instead of "Jefferson" County. The error was corrected before it was sent to the newspaper: therefore, it was published correctly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of September, 1999 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $45.00). Mary A. Crespin, Water Clerk, Water Division 1, POB “C, Greeley, CO 80632. RULINGS ENTERED BY REFEREE LIESMAN ON 7-02-99 98CW421 EILEEN LAND ADAMS PAGES 08 98CW433 VALLEY DEVELOPMENT DOUGLAS PAGES 02 GROUP-----------------------------------------------------------------RULINGS ENTERED BY REFEREE LIESMAN ON 7-08-99 99CW017 GAYLORD & DONA KLEIN DOUGLAS PAGES 12 98CW151 WILLIAM & LILLIAN CLEAR CREEK PAGES 02 SCHAEFER 98CW068 MICHAEL & DONA WILLIE CLEAR CREEK PAGES 02 98CW067 JAMES & CHRISTINIA CLEAR CREEK PAGES 02 PEARSON 98CW066 DAVID SAMUEL CLEAR CREEK PAGES 02 98CW65 PAUL SHEFLIN CLEAR CREEK PAGES 02



98CW064 MICHAEL & RENEE ERB CLEAR CREEK PAGES 02 98CW061 RONALD KLUSMAN CLEAR CREEK PAGES 02 98CW060 EDWARD MAYER CLEAR CREEK PAGES 02 98CW059 DONALD MANGERS CLEAR CREEK PAGES 02 98CW037 STEVE & TAMMY SHELAFO CLEAR CREEK PAGES 02 96CW568 CONNIE MCKAY PARK PAGES 03 96CW178 WILLIAM & RUTH PARK PAGES 02 CATHCART-RAKE 94CW111 PHILIP SCHAGEL WELD PAGES 03-------------------------------------------------------------------RULINGS ENTERED BY REFEREE LIESMAN ON 7-09-99 98CW063 DOUGLAS SARBACH CLEAR CREEK PAGES 02 98CW196 LEE & JOANN HALGREN CLEAR CREEK PAGES 02 99CW019 CHARLES TINDALL CLEAR CREEK PAGES 02 ______________________________________________RULINGS ENTERED BY REFEREE LIESMAN ON 7-15-99 97CW371 STATE OF COLORADO LARIMER PAGES 06 (REVISED RULING) 97CW276 CITY AND COUNTY OF PARK PAGES 06 DENVER 97CW265 RANGEVIEW MTERO DIST. ARAPAHOE PAGES 05 97CW175 JACK & MARGARET URBAN WELD PAGES 03 97CW156 JACK & MARGARET URBAN WELD PAGES 03 95CW282 COVENANT HEIGHTS CONF. LARIMER PAGES 03 CENTER -------------------------------------------------------------------RULINGS ENTERED BY REFEREE LIESMAN ON 7-16-99 98CW278 STATE OF COLORADO JEFFERSON PAGES 04 98CW082 DOUGLAS EASTERLING & CLEAR CREEK PAGES 02 LUCINDA BROGDEN 98CW079 JANET BAUMANN CLEAR CREEK PAGES 02 98CW078 RODERICK & MARY ADKISSON CLEAR CREEK PAGES 02 98CW077 FRANK & MARILYN D'AMORE CLEAR CREEK PAGES 02



98CW076 RICHARD ELANDER & CLEAR CREEK PAGES 02 AMY JOHNSON 98CW075 HOWARD & LUANN JOY CLEAR CREEK PAGES 02 98CW073 FREDERICK & PATRICIA CLEAR CREEK PAGES 02 PATTERSON 98CW072 PETER & MARY LOU HELSETH CLEAR CREEK PAGES 02 98CW071 GLENN & PEGGY UPPENKAMP CLEAR CREEK PAGES 02 98CW070 GEORGE & LINDA JOHNSTON CLEAR CREEK PAGES 02 -------------------------------------------------------------------RULINGS ENTERED BY REFEREE LIESMAN ON 7-21-99 98CW289 MAPLE GROVE LIMITED LAND DOUGLAS PAGES 12 PARTNERSHIP ET AL 98CW088 GAIL GILSZMER CLEAR CREEK PAGES 02 98CW087 PAUL HARRIS CLEAR CREEK PAGES 02 98CW084 VONITA HARDER CLEAR CREEK PAGES 02 98CW083 DOUGLAS & CLEAR CREEK PAGES 02 KATHLEEN SHAY------------------------------------------------------------------RULINGS ENTERED BY REFEREE LIESMAN ON 7-28-99 98CW217 RAY & JOANN WEBER ELBERT PAGES 09 98CW097 ROBERT & ALBA JOHNSON CLEAR CREEK PAGES 02 98CW096 JOHN & DIANA MEASDAY CLEAR CREEK PAGES 02 98CW095 FRED & MARJORIE TEIFKE CLEAR CREEK PAGES 02 98CW094 DAVID & JENNIFER KELLY CLEAR CREEK PAGES 02 98CW012 DONALD BELLUM ET AL DOUGLAS PAGES 13 95CW242 CHELEY COLO CAMPS INC LARIMER PAGES 04


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