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January 23, 2014Elbert County, Colorado | Volume 118, Issue 52

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Man gets 26 years in baby’s death Richard Dolin sentenced for killing infant daughter By George Lurie [email protected]

Former Elizabeth resident Rich-ard Dolin was sentenced to 26 years in prison after admitting that he was responsible for the death of his 4-month-old daughter Marlayna, who died in 2012 from traumatic brain injuries after languishing in a medically induced coma for 17 days.

Dolin, 27, was sentenced by Judge Jeffrey Holmes at a Jan. 14 hearing in Kiowa, where more than

40 family members and friends of the young victim packed the court-room, including the girl’s mother Jaime, who pleaded with the judge to give the defendant the maximum allowable sentence of 32 years.

“Even the maximum sentence is not justice enough for my sweet daughter,” Jaime Dolin said. “Every day my son asks me about his baby sissy and it breaks my heart to have to tell him she is in heaven.”

In November of 2013, Rich-ard Dolin accepted a plea bargain agreement from the District At-torney’s offi ce in which he pleaded guilty to “reckless child abuse re-sulting in death.”

Dolin was dressed in orange and white striped Elbert County jail prison garb, his hair and beard closely cropped. Throughout the

two-hour hear-ing, the 6-foot-5 defendant sobbed quietly, glancing occasionally over his shoulder at his former family members.

His attorney, Emily Wickham,

argued that Dolin had an IQ of 72 and had come from a home where he was abused by a crack-addicted father who is currently in prison himself.

“Mr. Dolin has taken responsibility for what he did,” said Wickham, who asked the judge to give her client 10 years in prison, the minimum allowable sentence

Dolin

Family members and supporters of 4-month-old victim Marlayna Dolin gather to pray before the Jan. 14 sentencing hearing of Richard Dolin, who pleaded guilty to reckless child abuse resulting in death and was sentenced to 26 years in prison. Photo by George Lurie Dolin continues on Page 7

A young man and woman work together to wash a cow as they begin to prepare the animal for judging at the National Western Stock Show in Denver. The show opened Jan. 11 and livestock judging, shows and sales, as well as entertainment and special events like rodeos and horse shows, have been going on every day since and will continue until the stock show closes Jan. 26. Photo by Tom Munds

AT THE COW WASH Voting precincts to change Clerk and recorder’s o� ce to � nish new map by early February By George Lurie [email protected]

Elbert County’s electoral precincts are shifting geographically in 2014 — and decreasing from 18 to 15, according to Clerk and Recorder Dallas Schroeder.

“The voting precincts in the town of Elizabeth will basically remain the same but everybody else will be in a new pre-cinct,” said Schroeder, who is in the pro-cess of updating and fi nalizing the coun-ty’s new precinct map.

“We will be fi nished by Feb. 3, in time to comply with state requirements,” Schroeder said. “According to state elec-tion law, we can’t make any changes for the year after that date.”

Schroeder, who has been with the county for less than a year, replaced former Clerk and Recorder Diana Hart-sough, who resigned in July 2013, citing “health issues.”

Before Schroeder was appointed to his position in September 2013, the county’s Democrat and Republican chairmen had been working with the county’s mapper, Bart Chambers in the Assessor’s Offi ce, to start the process of redrawing the voting precincts.

“There were two objectives,” said Schroeder. “With the new commissioner district lines approved last spring, we had overlapping precincts between commis-sioner districts. So we had to eliminate that. Plus there was a desire by the party chairs to go from 18 to 15 precincts.”

“So we balanced out the precincts. Now there are fi ve precincts per commis-sioner district,” Schroeder added. “So we are now as balanced as we can be.”

After Feb. 1, county residents can con-tact the election offi ce or go online with the Secretary of State’s offi ce. “Where their voter record,” Schroeder said, “will refl ect their new precinct.”

“We’ll post a link on the county’s elec-tion site to the Secretary of State’s offi ce,” said Schroeder, who also encouraged voters to stop by his offi ce in the court-house in Kiowa.

“I have an updated map if people want to take a look.”

Schlegel: 2012 audit almost � nished Commissioners expecting to approve � nal report this month By George Lurie [email protected]

An outside accounting fi rm is expected to complete a long overdue audit of the county’s 2012 budget within the next few weeks, according to Elbert County Com-

missioner Kurt Schlegel.In November 2013, after the county

missed multiple deadlines to submit the state-mandated document, the Offi ce of the State Auditor froze more than $102,000 in county tax revenues and ordered Elbert County Treasurer Rick Pettitt to “hold all funds generated pursuant to the taxing au-thority … until you are notifi ed in writing by this offi ce.”

BOCC Chair Robert Rowland called the

situation “embarrassing” and blamed the snafu on the county’s former fi nance direc-tor Stan Wilmer, who was fi red in October 2013.

The decision to bring in an outside con-tractor to fi nish the audit has already cost the county nearly $90,000, Schlegel said at a Jan. 14 BOCC study session. And “unan-ticipated issues” have caused the cost of the audit to balloon, he explained.

The state’s Department of Local Affairs can freeze repayment to counties of prop-erty taxes — the county’s main source of revenue — if the county does not comply with state-mandated deadlines for fi ling annual fi nancial statements.

Pettitt said that once the audit is com-plete and reviewed by the BOCC, it will be forwarded to the state, after which he ex-pects the county’s tax revenues will be un-frozen.

Audit continues on Page 7

2 Elbert County News January 23, 2014

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Here’s to living life to ‘The Max’ Topher Barber climbed the tall,

aluminum ladder, stopping just even with the old, wooden sailboat hang-ing upside down from the ceiling. He carefully drilled the framed picture of his dad — also upside down — to the center of the stern.

A friend handed him a bottle of champagne and Topher tapped the boat, pouring a little onto the rim. “We now christen thee,” he said, “the S.S. Max Barber.”

The small gathering of people below him raised their glasses and cheered. “He would like that,” one man said, nodding assuredly as he walked away.

The tribute, sealed as dusk darkened the wintry moun-tain lake outside the restaurant windows, refl ected the man whose gargantuan and colorful presence was notably absent.

“Upside down is perfect,” said Dan Sherwood, Topher’s longtime friend, as he sat at the bar, under the sailboat. “Max was a kind of renegade who didn’t conform to much.

So why conform to gravity?”Max Barber died unexpectedly

Dec. 17 from an aneurysm that oc-curred while he was driving. He was 68. A successful contractor and owner of the popular Max Gill and Grill on South Gaylord Street in Denver, he also received national recognition in 1991 when he saved two people who fell through thin ice on Grand Lake.

But to Topher, he was so much more. He was an exuber-ant, energizing force who grabbed tight to life and made it an exhilarating ride.

“He never let a blade of grass grow beneath his feet,” Topher said, pausing, looking at the beer in his hand. “He’s my dad and he was my best friend. . . . It’s going to be hard without him.”

Although Max had homes in Denver, Florida and France, the cabin he built with his hands in the mid-1980s in Grand Lake — on the water nestled between historic Lemon Lodge and the Grand Lake Yacht Club at the end of the town’s main street — was his favorite.

On the shores of the state’s largest natural lake, the town counted 447 residents in the 2000 census. Its one main road veers off Highway 34, just before the western entrance to Rocky Mountain National Park, and leads through a short, straight stretch of western-style buildings that have remained largely unchanged for years.

“This is his home,” Topher said. “He loved being near the water, being in a small town. He loved that this town is a dead end. It was the end of the road.”

It was Topher’s most consistent home, too.“I love this place,” he said. “Both me and my brother

met our wives up here. My life wouldn’t be the same with-out Grand Lake. We wouldn’t be who we are without this place.”

Growing up, Topher and his brothers Tyler and Todd spent every summer at the lake. Topher and Tyler worked at Pancho and Lefty’s, the eatery popular with locals and weekenders that’s just a one-minute-walk from the cabin. They learned how to sail — Topher even taught sailing at the yacht club.

Max bought them a boat and they often competed in the annual weeklong regatta - but never won. “ . . . we were always at the back of the pack and that always bummed him out,” Topher said.

Last summer, two days before the regatta, Topher de-cided to compete when a friend who is an accomplished sailor offered to crew. Midway through the week, Max left for an already planned vacation in Michigan. Topher was

tied for fi rst; Max eagerly awaited his daily updates.“It came down to the last race and we had to fi nish fi rst

— and we did,” Topher said. “I could hear the pride in his voice and knew he had tears in his eyes.”

In late October, after returning from a month in France, Max headed to Grand Lake to winterize the cabin. Topher went with him. They blew out the sprinklers, cut fi rewood, hung out.

“Just me and him,” Topher said. “It was perfect. I have no regrets about how our relationship ended. . . . We told each other how we felt about each other — we loved each other.”

On Jan. 10, Topher, who lives in Broomfi eld, decided to check on the cabin, make sure the heat was working, that pipes hadn’t frozen — and meet up with some friends to share a few stories and laughs.

On the passenger seat of his Subaru, he placed a ce-ramic cowboy boot with a lasso around its heel — the urn holding some of his dad’s ashes, which also include the remains of a December Wall Street Journal, his favorite paper; his red, alma mater Cornell cap; a favorite Heming-way coozie; and the photo of his three sons when they were just boys, wearing cowboy hats, which he always kept in his wallet.

Topher also brought a framed picture of a grinning Max, wearing a tropical shirt and white captain’s hat and holding a beer next to his cheek.

A winter storm swirled gusting snow, creating moments of white-out as he slowly drove Berthoud Pass, reminis-cent of the fi rst time he, his brothers and Max had driven to Grand Lake.

“Pop,” Topher said, “we aren’t turning around, are we?”At the cabin, he set the boot and picture on the dining

room table, grabbed two beers — the one for Max snug in another Hemingway coozie — and tuned the CD player to Alabama’s “Mountain Music,” his dad’s favorite and the cabin’s theme song.

Then he talked to Max.And he cried.The next afternoon, Topher strolled into Pancho and

Lefty’s and settled at the bar to talk with friends in the fa-miliar eclectic atmosphere where 1,500 beer cans — all one-of-a-kind — line shelves along the walls. Also on the walls are photos of several longtime locals who have died. Hanging from the ceiling are a chair lift, a kayak, and a dummy of a man with a serape sleeping in a hammock, a margarita glass in his hand.

And the old, wooden sailboat.That’s when it hit.

Healey continues on Page 7

Elbert County News 3 January 23, 2014

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Calendar of Events For a complete calendar of South Metro Denver Chamber events or more information, visit our web site at www.bestchamber.com or call 303-795-0142.

Thursday, January 23rd:Women in Leadership Board Meeting Chamber Conference Center, 2154 E. Commons Ave., CentennialRockPile Energy Services presents: Frac 101Chamber Conference Center, 2154 E. Commons Ave., CentennialGrand Opening & Ribbon Cutting Celebration for Home Care Assistance8200 S. Quebec St., Ste A-5, CentennialKey Bank presents: Protecting Against Identity Fraud and ScamsChamber Conference Center, 2154 E. Commons Ave., Centennial

Friday, January 24th:Why MS Word is Driving You Crazy and How to Fix ItMission Critical Systems, 7384 S. Dalton Way, Ste 201, CentennialPresident’s Leadership Forum: Melanie Worley, CEO - Developmental PathwaysChamber Conference Center, 2154 E. Commons Ave., CentennialChamber Unplugged hosted by Developmental PathwaysChamber Conference Center, 2154 E. Commons Ave., Centennial

Monday, January 27th:Grand Opening & Ribbon Cutting Celebration for The Joint...the Chiropractic Place7537 S. University Blvd., Centennial

Tuesday, January 28th:Business Bible StudyChamber Conference Center, 2154 E. Commons Ave., CentennialInternational Business Development Task Force Board of AdvisorsChamber Conference Center, 2154 E. Commons Ave., Centennial

Wednesday, January 29th:Grand Opening & Ribbon Cutting Celebration for Elements Therapeutic Massage2330 E. Arapahoe Rd., #903, CentennialRecovery Arrives on Main StreetInfinity Park Event Center, 4400 E. Kentucky Ave., Glendale

Thursday, January 30th:Oil & Gas Panel Discussion hosted by Club 20Colorado Capitol Building, 200 E. Colfax Ave., Denver

Friday, January 31th:Chamber Ambassadors MeetingChamber Conference Center, 2154 E. Commons Ave., Centennial

Chamber Web Site Revamped

Owner Iris Lozano was joined by parents, future engineers and scientists, and fellow Chamber Investors to cut the ribbon at the grand opening of Engineering for Kids on Friday, January 10th. The Science, Technology, Engineering & Math (STEM) centered center engages students from 4 to 14 in STEM related studies such as aerospace, mechanical, robotic, and electronic experiences. The new center is located in the Streets at SouthGlenn. www.engineeringforkids.net

The South Metro Denver Chamber is proud to unveil its newly designed web site. Completely redesigned from the ground up, the site features a sleek, easy to navigate format presenting the Chamber’s brand promise of Remarkable Relationships and a Thriving Community. Using unique tab headings, the site invites viewers to explore different areas they want more information about: “Get Wise” reveals facts about the Chamber, its events & areas of interest; “Talent” gives directories of Inves-tors, staff and board members; “Trending “ features blog posts by Chamber staff, featured Investor companies, and Investor news & stories; and area information and maps for South Metro Denver area visitors and relocation can be found under “Quest”. Chamber President and CEO, John Brackney was a driving force behind the new design. “The South Metro Denver Chamber has culturally always been different, from our tagline 2 decades ago ‘Not your ordinary Chamber’, to last decade’s ‘Leadership in Motion’ to our current tag-line ‘Remarkable Relationships and a Thriving Community’. Our new website reflects our tradition of collaboration, empowerment, transformation and celebration all leading to a single word commitment to you: Prosper. “ Continually revolving header images illustrate the Chamber’s wide-ranging areas of interest and a video block gives the viewer a quick uncon-ventional look at the Chamber’s philosophy. Scroll down the page and the Chamber gives a shout-out to featured companies and leaders who help our community prosper. Two months of upcoming Chamber events are also posted on the homepage with easy online access to more information and RSVP links for any Chamber event. And at the bottom of the home page, a map of South Metro Denver showing the Chamber’s location as well as its premiere Inves-tors. The addition of the ability to post and respond to blogs was of major importance in the design of the new site. Putting ideas and issues out to the public and being able to get responses compliments the Chamber’s core values of collaboration, empowerment, transformation and celebration. All posts are categorized and searchable so interested parties can find posts going back as far as two years ago. Chamber Director of Economic Development Jeff Holwell is excited at the prospects of blogging for the Chamber. “The ability to share our thoughts regarding current business themes and get feedback strengthens our potential for creating a strong business climate. We look forward to gaining valuable insights into our business community and nurturing a stream of communication to help businesses grow.” Another useful addition to the site are the mobile capabilities it provides. It’s responsive design allows the site to contract or expand depending on the size of the viewing screen. From full-size computer screens, to tablets, to viewing on your smart phone, the site is fully functional. When viewed on a smart phone, a unique “Mobile Service Directory” powered by LokalMotion is available which gives the option to view nearby Chamber Investors and

locate them easily on a map with directions if needed. Investors can also post specials available to mobile viewers. The site has been in the planning stages for two years with the design and implementation beginning in July of 2013. Denver’s premiere web site design and marketing company, Webolutions, took on the challenge of integrating all of the Chamber’s many facets into the design with excep-tional results. Mike Hanbery, Webolutions Director of New Media Strategies had this to say about the new site. “The South Metro Denver Chamber’s new website provides an individually customizable user experience and reinforces the organization’s brand as an innovator in using technology to build business relationships. We’re pleased with the website’s design and functionality and we look forward to celebrating additional achievements with them for years to come.” The Chamber’s web site can be viewed at www.BestChamber.com.

Engineering for Kids

Bill allows married gays to file joint taxesLegislation comes on heels of Supreme Court decisionBy Vic [email protected]

A bill that would allow married gay cou-ples living in Colorado to file joint state tax returns is on its way to a vote in the state Sen-ate, after it passed a legislative committee on Jan. 14.

However, Senate Bill 19 applies only to married couples, not those who are involved in a civil union, which became legal in Colo-rado last year.

Senate Bill 19 requires that gay couples who married out of state or in another coun-try, and who now reside here, file their state taxes the same as they do at the federal level, either through joint or individual returns.

That’s regardless of the fact that Colorado does not recognize same-sex marriage.

Sen. Pat Steadman, D-Denver, a bill spon-sor, told the Senate Finance Committee that the bill aims to do away with confusion on the part of legally married gay couples who can file joint tax returns federally, but were not able to do the same at the state level.

“The reason I’ve introduced this bill is because we have confusing issues in the stat-ute,” Steadman told the committee.

Steadman’s bill passed the committee, fol-lowing a 3-2 party line vote.

The bill comes on the heels of a July Su-

preme Court decision that struck down much of the Defense of Marriage Act. Since then, the Internal Revenue Service has ruled that legally married same-sex couples are also considered married for federal tax pur-poses.

The federal ruling applies to all gay cou-ples who are in legally recognized marriages,

even if they reside in states like Colorado, which has a constitutional ban against gay marriage on its books.

So if a gay couple gets married in New York, then moves to Colorado, they can file joint state returns here.

However, the IRS is clear that only legally married gay couples can file joint returns.

“The revenue department ruling express-ly says they are not recognizing civil unions, or other domestic partnerships,” Steadman said. “This is purely a matter of who is mar-ried.”

Even though the legislation would not af-fect couples involved in civil unions, the bill would make changes to an area of last year’s law that created civil unions in Colorado. The civil unions statute does not allow for joint tax filing.

The bill cleared the Finance Commit-tee, with Democratic Sens. Mike Johnston of Denver, Andy Kerr of Lakewood and Jessie Ulibarri of Commerce City voting yes.

Republican Sens. Owen Hill of Colorado Springs and Kevin Grantham of Canon City voted against moving the bill forward.

Michael Norton of the Alliance Defending Freedom, a conservative group that is op-posed to gay marriage, called the bill a “sub-terfuge,” which provides an end-run around the state’s gay marriage ban.

“The people of Colorado have decided what the policy of the state of Colorado as it pertains to marriage,” Norton said.

The bill would benefit couples like Lauren Fortmiller and Pamela Thiele of Lakewood, who married in California in 2008. Fortmiller told the committee that prior to the Supreme Court decision, they, like all gay couples, could only file federal taxes separately.

“It was always painful, year after year, to check that box saying we were single when we are not,” Fortmiller said.

Sen. Pat Steadman, D-Denver, listens as Lauren Fortmiller, center, and her partner Pamela Thiele, both of Lakewood, testify in support of Senate Bill 19. The bill would allow gay married couples living in Colorado to file joint state tax returns. Photo by Vic Vela


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Engagement

Daniel and Priscilla Schnell of Elizabeth CO are proud to announce the engagement of their daughter Maria Constancia Schnell, to Mr. Harlan Peter Brakeley of Middlebury, Vermont. Maria is a 2003 graduate of Elizabeth High School and received her Bachelors and Masters degrees from University of Colorado. Harlan is a graduate of Colorado College, CO Springs. Both are employed in the technology field, Maria with Infor Corporation and Harlan with Nordstrom Corporation. A May 10, 2014 wedding is planned in Castle Rock, CO, where the couple will make their home. Congratulations and blessings to Maria and Harley as they begin their lives together.

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Marijuana food stamp bill killed Measure sought to prohibit public assistance cash card use By Vic Vela [email protected]

A bill that would have prohibited wel-fare recipients from using public assis-tance cash cards at marijuana stores and strip clubs died in a legislative committee on Jan. 15.

The bill’s sponsor, Sen. Vicki Marble, R-Fort Collins, argued unsuccessfully that allowing electronic benefi t transfer cards — which act as debit cards for people on public assistance — to be used at ATMs that are inside pot shops and adult enter-tainment places begs for federal prosecu-torial intervention.

But Democrats on the Senate’s State, Veterans and Military Affairs Committee cited testimony from bill opponents who said the bill was unnecessary and address-

es a problem that doesn’t exist.

The bill died in the Democrat-led commit-tee, following a 3-2 party line vote.

Marble told commit-tee members that federal law requires that the state take measures to prevent public assistance recipi-ents from using their EBT cards inside places like liquor stores, gambling estab-lishments and adult entertainment busi-nesses.

As for use inside pot shops, Marble said that voters supported 2012’s Amendment 64 — which legalized pot sales in Colorado — with the intention of pot being regulated the same way as alcohol. The federal gov-ernment frowns on EBT cards being used inside places that sell booze.

Without regulation addressing this is-sue, Marble — who was a member of last year’s Amendment 64 Legislative Task

Force — said that pot shop owners could end up getting a visit from a fed-eral agent.

“I have a feeling we’re going to be seeing trouble that we’re not ready to deal with,” Marble said, referring to federal cash seizures at pot stores. “We’re setting these newly

established marijuana stores up to fail.”Sen. Bernie Herpin, R-Colorado Springs,

supported Marble’s effort, saying that he doesn’t believe that public funds should be used to access marijuana.

“I just don’t understand — people who are using their food stamp money to buy marijuana — why we should be making it easier for them,” he said.

But bill opponents and Democratic committee members said those fears are overblown.

“I’m not aware of widespread misuse,” said Terry Scanlon of the Center for Chil-

dren’s Law and Policy. “This is an unneces-sary burden to put on the benefi ciaries.”

Other arguments against the bill had to do with lack of ATM access for public assistance recipients. Sen. Irene Aguilar, D-Denver, said that she believes the fed-eral government’s intent is to ensure that public assistance recipients have access to ATMs, before the state does anything to re-strict their use.

Democratic senators shared narratives about elderly and disabled persons having to go out of their way to fi nd ATMs. In some cases, the closest neighborhood cash dis-pensaries are found inside liquor stores, or pot shops, they said.

Those persons are not using public as-sistance to buy pot; they’re just trying to get cash to get on the bus, bill opponents said.

“If you’ve ever known anyone who has been on cash assistance, like I have, it’s not something you abuse,” said Sen. Jessie Uli-barri, D-Commerce City.

CapitolReport

E� ort to repeal energy measure � zzles Law passed in 2013 increased mandates for rural electric providers By Vic Vela [email protected]

Republican state lawmakers’ fi rst effort this legislative session to undo key Democratic accomplishments from last year failed on Jan. 15.

A Democrat-led Senate committee killed a measure that sought to repeal a law that increased renewable ener-gy mandates that were placed on rural electric providers.

Last year, the Legislature, through Senate Bill 252, man-dated that rural electric associations generate 20 percent of their energy through renewable sources. That doubled the former standard of 10 percent.

The law has drawn the ire of Republicans, who argued that the legislation hurts business in rural parts of the state

and will drive up energy costs.“Why are we continuing to have this bad bill on the

books?,” said Sen. Ted Harvey, R-Highlands Ranch, who sponsored the repeal effort. “This bill rights a terrible wrong.

The 20 percent target is common throughout much of Colorado, but supporters of Harvey’s bill testifi ed that the new standard hurts rural parts of the state, in particular. They insist that the mandate will hurt rural economies, even though the law puts a 2 percent cap on energy rate hikes.

Sean Conway, a Weld County Commissioner, told the State, Veterans and Military Affairs Committee that the bill is unfair and that lawmakers should “hit the reset button” on the legislation.

Conway was a leader behind a recent movement by several counties to secede from the state, due in large part to last year’s passage of Senate Bill 252.

“The 800-pound gorilla in this room is that rural-urban divide,” Conway said.

But several testifi ed against Harvey’s effort, saying that the new standards have expanded the renewable energy fi eld in the state and has created new jobs.

“What I heard overwhelmingly from the testimony to-day is that Senate Bill 252 has led to job creation,” said Sen. Jessie Ulibarri, a Democrat from Adams County and com-mittee chairman.

Ulibarri added that he “did not hear specifi cally from rural electric cooperatives their concerns on this bill.”

As expected, the repeal effort failed on a 3-2 party line vote. The State, Veterans and Military Affairs Committee is known as the “kill committee” inside the Capitol, a place where certain bills proposed by the minority party are sent to die.

Earlier in the day, Harvey and other Senate Republicans held a press conference, where they blasted Democrats for sending a good number of their bills to the so-called kill committee.

But the committee has been used in similar fashion by Republicans in the past. And Democrats insist that every bill will be considered appropriately.

“There is no promise of outcome,” said Ulibarri. “There is a promise of a fair hearing.”

The repeal bill’s defeat hardly spells the end of this is-sue. A Republican effort to reduce the energy mandate from 20 percent to 15 percent was introduced in the House the same day.

This session, Republicans will also seek repeals or changes to other pieces of Democrat-sponsored laws that were enacted last year, such as gun-control legislation and election reform.


5

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Open and Welcoming

Sunday 8:30 a.m. 11:00 a.m.

First Presbyterian Church of Littleton

1609 W. Littleton Blvd.(303) 798-1389 • www.fpcl.org

P.O. Box 2945—Parker CO 80134-2945www.ParkerCCRS.org

303.805.9890

ParkerCommunity Churchof Religious Science

Sunday services held in thehistoric Ruth Memorial Chapel

at the Parker Mainstreet Center...19650 E. Mainstreet, Parker 80138

New Thought...Ancient Wisdom

Visit our website fordetails of classes &

upcoming events.Sunday Service& Children’s Church10:00 a.m.

Castle Rock Highlands Ranch

Highlands Ranch

Littleton

Parker

Parker

Lone Tree Lone Tree

Lone TreeFranktown

Greenwood Village

Denver Tech Center

United Church Of ChristParker Hilltop

10926 E. Democrat Rd.Parker, CO • 10am Worshipwww.uccparkerhilltop.org

303-841-2808

Little Blessings Day Carewww.littleblessingspdo.com

First UnitedMethodist Church

1200 South StreetCastle Rock, CO 80104

303.688.3047www.fumccr.org

Services:Saturday 5:30pm

Sunday 8am, 9:30am, 11amSunday School 9:15am

Sunday Worship 10:304825 North Crowfoot Valley Rd.Castle Rock • canyonscc.org

303-663-5751

An EvangelicalPresbyterian Church

“Loving God - Making A Difference”A place for you worship Time

Welcome Home!Weaving Truth

and Relevance into Relationships and Life

9:00am Spiritual Formation Classes for all Ages

90 east orchard roadlittleton, co

303 798 6387www.gracepointcc.us

10:30AM sundays

To advertise your place of worship in this section, call 303-566-4091 or email

[email protected].

GR AC E PR E S B Y T E R IA N

303-798-8485

www.gracecolorado.comAlongside One Another On Life’s Journey

Sundays at10:00 am

Grace is on the NE Corner of SantaFe Dr. & Highlands Ranch Pkwy.

(Across from Murdochs)

You are invitedto worship with us:

Saturday 5:30pm

Sunday 8:00 & 10:30am

Joyful Mission Preschool 303-841-37707051 East Parker Hills Ct. • Parker, CO

303-841-3739www.joylutheran-parker.org

JoyLUTHERAN CHURCH, ELCA

Education Hour: Sunday 9:15am

S E r v i C E S :

Parker evangelicalPresbyterian church

Connect – Grow – Serve

Sunday Worship8:45 am & 10:30 am

9030 Miller roadParker, Co 80138

303-841-2125www.pepc.org

Sunday Worship - 10:00amBible Study immediately followingWednesday Bible Study - 7:30pm

Currently meeting at:9220 Kimmer Drive, Suite 200

Lone Tree 80124303-688-9506

www.LoneTreeCoC.com

Lone TreeChurch of Christ

Meets at the Marriott DTC

4900 S Syracuse St,Denver, CO 80237

10 am every SundayFree parking

Current Study: Spiritual Ancestry

Pastor Mark Brewer

Join us at Sheraton Denver Tech Center

7007 S Clinton Street in Greenwood Village(nearby I-25 and Arapahoe Rd.)

www.cbsdenver.org303-794-6643

Congregation Beth Shalom

CONFERENCE

www.parkerbiblechurch.org

4391 E Mainstreet, Parker, CO 80134 Office (303) 841-3836

Where people are excited about God’s Word.

Friday 7PM, Sat. 7PM, Sunday 10:45AM & 6PM

You’re invited to a

JAN. 24-26, 2014

Singles, Couples, Marrieds and Families of all ages are welcome.

No chargePublic welcome

Douglas County’s only Synagogue, Hebrew School and Preschool

No membership required www.DenverJewishCenter.com

303-792-7222

ChabadJewish Center

Plans Gone Astray? To whom will you go when you’re out of ideas?� ere are times when we simply need a gracious God to guide us. Come and join us at 9:30 a.m. Sunday mornings at Lone Tree Civic Center, 8527 Lone Tree Parkway. For directions and any questions about our ministry, contact Pastor Craig: (303) 883–7774Immanuel Lutheran Mission is a member congregation of Lutheran Congregations in Mission for Christ

OFFICE: 9137 S. Ridgeline Blvd., Suite 210, Highlands Ranch, CO 80129 | PhOnE: 303-566-4100

A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media. PERIODICALS POSTAGE PAID AT ELIZABETH, COLORADO and additional mailing offices.

POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210, Highlands Ranch, CO 80129

ADVERTISInG DEADLInES: Display: Thurs. 11 a.m. | Legal: Thurs. 11 a.m. | Classified: Mon. 12 p.m.

elbert county news (USPS 171-100)

County foreclosures declining Only 54 properties sold at auction in 2013 By George Lurie [email protected]

An improving economy and rising real estate market have stemmed the tide of foreclosures in Elbert County, according to the county’s Treasurer and Public Trustee Rick Pettitt.

Pettitt conducts public trustee sales nearly every Wednesday morning in his courthouse offi ce in Kiowa. He said that in 2013, just 54 commercial and residen-tial properties around the county changed hands via foreclosure.

In 2012, Pettitt’s offi ce facilitated the sale of 98 foreclosed properties.

“The fi rst year I was in offi ce (in 2011),” Pettitt added, “we started the foreclosure process on 221 properties.”

Bid information on properties included in Pettitt’s trustee sales have to be received by his offi ce by noon on the Monday prior to the Wednesday sale.

Pettitt said that only “about half” of the properties that start the foreclosure pro-cess wind up being sold to the highest bid-der.

In some cases, the banks holding the mortgage on the properties do not receive any bids higher than their posted sale price and “end up taking the properties back themselves,” Pettitt explained.

The county posts information regarding upcoming trustee sales on a courthouse bulletin board as well as on its website.

“At the Wednesday sales, if someone bids even a dollar over the bank sale price,

they get the property,” said Pettitt.If multiple buyers are interested in a

property, Pettitt conducts an on-the-spot auction and the property is sold to the highest bidder.

Only one property was included in the trustee sale for the week of Jan. 13 — a resi-dential property a bank was listing for sale at slightly more than $500,000. The current “market value” of the home, according to the information included in the sale an-nouncement, was nearly a million dollars.

“Sounds like somebody could get a bar-gain,” said Pettitt.

The steady decline in foreclosures

around the county is “indicative of what’s going on all across the state,” Pettitt said. “Now there are less people in trouble” — underwater on their mortgages — “and the overall economy is getting better.”

In fact, the county’s real estate market appears to be gaining momentum.

Kyle Fenner, director of Community and Development Services reported at a recent BOCC study session the number of “new builds” — construction permits issued by the county for new homes — has doubled every year since 2011.

“There were 78 new builds in 2013,” Fenner reported.

HAVE A LEGISLATIVE QUESTION?Email Colorado Community Media Legislative Reporter Vic Vela at [email protected] or call 303-566-4132.


6-Opinion

opinions / yours and ours

Time for major immigration reformColorado is home to roughly half a mil-

lion immigrants, about a third of whom are undocumented, according to a report by the Center for Immigration Studies. More than 11 million undocumented im-migrants are estimated to be in the United States.

In Colorado and across the nation, in-dustries like farming and construction rely on the labor provided by workers who are not in the country legally. To that end, the way of life enjoyed by so many Americans is dependent upon them.

The system, however, under which these immigrants work, live and learn is broken. Few would argue against that point. But what’s to be done?

Spearheaded by a bipartisan “Gang of Eight” — which included Sen. Michael Bennet, of Colorado — a comprehensive immigration-reform measure passed, with support from a number of Republicans, through the Democrat-controlled U.S. Senate last June. The bill, S. 744, went no-where in the House, though.

Early signs are that the Republican-controlled House has no plans to take up a single comprehensive bill this year either,

but will instead address immigration in a piecemeal fashion of multiple measures.

It is encouraging that the House plans to address this critical issue, and in fact, there are reports that Speaker John Boehner aims to unveil the principles of the plan before the end of the month. But as they forge ahead with a plan of their own, we urge House leaders to embrace the pri-mary tenets of the Senate-passed measure.

For one thing, S. 744 is good for busi-ness. A letter sent to the Senate last June in support of the bill was signed by myr-iad business organizations, including the Denver Metro, South Metro Denver and U.S. chambers of commerce.

In part, the letter said:“America’s current immigration system

is broken and does not meet the needs of our citizens or businesses. Improvements to our nation’s immigration policies are long overdue and are essential to contin-

ued economic growth. We especially ap-plaud the efforts of the bipartisan `Gang of 8’ for their leadership on this issue and commend the entire Senate for your hard work on this difficult and controversial is-sue.”

The U.S. Chamber of Commerce, hard-ly a stronghold of liberal ideals, is one of the most outspoken proponents of com-prehensive immigration reform in general and S. 744 in particular, touting a study that says the nation’s economy would stand to grow by $1.5 trillion over 10 years.

S. 744 — also known as the Border Se-curity, Economic Opportunity, and Immi-gration Modernization Act — takes a truly broad-based approach to reform.

Among other things, the bill calls for:• More than $40 billion of initial fund-

ing to shore up border security.• Mandatory use by employers of an

electronic employment verification sys-tem known as E-Verify.

• Creation of a Registered Provisional Immigrant program that includes back-ground checks and mandates the payment of application fees. RPI status may be re-newed after six years and immigrants can

pursue lawful permanent residence after 10 years, if they remain employed, pay taxes, pass background checks and meet English proficiency requirements.

• A faster track to lawful permanent residence for undocumented immigrants who came to the United States as children and for agricultural workers.

• A path to citizenship, for those who fulfill the RPI requirements, which would take 13 years or more.

That last point, the path to citizenship, has been one of the more controversial aspects of the bill and was met with large resistance by House Republicans last year. We’re not sold on the necessity of it being part of an immigration overhaul, but we understand and appreciate the impor-tance it plays for both lawmakers behind the bill and for immigrants whose dream includes citizenship.

With worker shortages looming and wasteful spending rampant on a current system that isn’t getting the job done, S. 744 is, on the whole, a beacon of hope. Leaders in the U.S. House of Representa-tives would do well to follow the light — and act now.

our view

9137 Ridgeline Blvd., Suite 210, Highlands Ranch, CO 80129 Phone: 303-566-4100 | Fax: 303-566-4098 On the Web: elbertcountynews.net

ELBERT COUNTY NEWS A publication of

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to subscribe call 303-566-4100

Columnists and guest commentariesThe Elbert County News features a limited

number of regular columnists, found on these pages and elsewhere in the paper, depending on the typical subject the columnist covers. Their opinions are not necessarily those of the Elbert County News.

Want your own chance to bring an issue to our readers’ attention, to highlight something great in our community, or just to make people laugh? Why not write a letter of 300 words or fewer. Include your full name, address and the best number to reach you by telephone.

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and we will take it from there.

After all, the News is your paper.

we’re in this together

The curmudgeon takes a holiday

It’s snowing and the dog won’t go out-side. Meanwhile, the dog across the street, Taz, is outside rolling around, jumping up and down, and playing mumblety-peg with a squirrel.

We have no appointments and no meetings. We are both safe and sound and warm. I have nothing to complain about today, and that may be a first. I am sure I could pick at a scab and write about an in-justice or a tragedy or Detroit, but I am not going to.

The curmudgeon, the fault-finder, is taking some time off to look around and smell the Sumatra. It probably won’t last very long. I think if I stayed away from the television, the newspaper and the com-puter for a few days I could stretch this out. But I haven’t even come close to doing that since I was in rehab, and that was 16 years ago.

The rehab I went to was a sanctuary. I didn’t have to wear a hospital gown, and I wasn’t chained to my bed. We could leave for a couple of hours every day, within a specified radius, and as long as we didn’t go to our homes or to Colfax.

One girl went to Colfax the night before

her graduation, and she was shown the door.

Anyway, I am not going to offer an opinion about Martin Scorsese’s new film, which sets a record for the f-word in an R-rated film at 506. Or offer an opinion about MSNBC’s apology for its bit on the Romneys’ adopted grandson. Or comment about the zero degree temperatures that nearly half the population is experiencing right now.

I am wearing blinders.Well, no, that’s impossible, isn’t it?If I had been wearing blinders I wouldn’t

have known that Phil Everly died. I have written about the Everly brothers before. They affected my life. The first song I heard

See you at the top, or over itIf you have ever experienced skiing

with a group or with your family, you just may be familiar with this state-ment, usually shouted from a chairlift down to a family member or friend on the slopes, or even spoken into a cell phone when two parties have been separated from one another, “I will see you at the top.”

Although I have been skiing in Colo-rado for the past 18 seasons, this still happens to our family, as a matter of fact it happened a couple of weeks ago as I was skiing with two of my children. We became separated and as I was go-ing back up the chairlift I found myself shouting down to my son, “I’ll see you at the top!”

And spending as much time skiing each year as I do, I have had the oppor-tunity to hear the phrase “See you at the top or meet me at the top” with great frequency.

This statement has special meaning for me for other reasons too. Zig Ziglar’s first book is titled “See You at the Top.” Millions of people have been impacted by this book as it is a guide to person-al and professional success. Having worked with Mr. Ziglar and his family for many years, just hearing the words “See you at the top” brings back incredible and wonderful memories for me.

Where is the “Top?” It’s all relative right? I mean the “Top” for you may be different than the “Top” for your neigh-bor or coworker. When we are skiing and get separated it’s easy to identify where the top actually is on the mountain. But in life, the “Top” can be a tricky thing for some people to identify with or just have a hard time seeing happening for them-

selves.The book, “See You at the Top” fo-

cuses on things like having a healthy self-image, the importance of a positive attitude, building winning relationships, setting and achieving goals, and living with hope. So you see, it’s not targeted at any specific role or job type, it is a book that was written to meet people, all peo-ple, wherever they are on their success journey.

Mr. Ziglar didn’t stop there though, as he continued to motivate and inspire millions of people around the world, he changed the ending to each one of his talks. Instead of ending with, “I will see you, and yes I do mean you at the top,” he changed it to “Hey I am going to see you, and yes I do mean you, not just at the top, I am going to see you over the top.” That little change and reminder at the end of his talks or seminars made all the difference for me personally in the pursuit of my goals as I know there is al-ways more to strive for.

And every time I hear someone else shout it from a chairlift or from the slopes I am reminded that the “Top” is only a temporary destination in our life journey and pursuit of happiness and

Norton continues on Page 7

Marshall continues on Page 7


7-Color

OBITUARIES

Edna Jackson passed away January 15 in Colo-rado Springs. She was born November 10, 1916 in Bovina, Colorado. She was preceded in death by her husband, Samuel Jackson, of 62 years. She is survived by her chil-dren, Roy (Kay) Jackson, Rick (Joetta) Jackson, and Rockey (Karen) Jack-son, 7 grand-children, 19 great grandchildren and a brother Ray Henry of Hugo, CO. Services were held Monday January 20 at Elbert Christian Church. She was laid to rest at Elbert Cemetery.

In lieu of flowers, please make donations to Elbert Women’s Club, P.O. Box 302, Elbert, CO 80106

JacksonEdna Jackson

Nov 10, 1916 - Jan 15,2014

Local Focus.More News.23 newspapers & websites. Connecting YOU to your LOCAL community.

ColoradoCommunityMedia.com 303-566-4100

To place an Obituary for Your Loved One…

PrivateContact: Viola [email protected]

Funeral HomesVisit: www.memoriams.com

on my new transistor Toshiba in 1958 was “All I Have to Do is Dream.” That’s a good theme for living.

All of Alice’s adventures were in a dream.

But life is only dreamy now and then. It can hit on us with a closed fi st. The big picture can smack us with worldly cur-rent events, or it can smack us in our own homes. It’s not going to smack me today.

I hope.Do you recognize this? “Living is easy

with eyes closed, misunderstanding all you see.” The answer is at the end of the column.

Unless you live in a packing crate, it’s al-most impossible to dodge current events. They come at us from every direction.

I am guilty of straying to some news services while I am writing my columns, and there I am again, on the Grumbleville bus. But not this time.

Maybe tomorrow. Don’t get used to this.The trick to an upbeat day is to avoid

Christiane Amanpour. She’s great, but she always in the thick of something, halfway around the world. It’s forever dire straits with her, not those uplifting stories about corn roasts and sugar gliders.

The TV movie of the day is “No Country For Old Men.” Best to avoid that one too.

I don’t know how some people do it. How some people have days like this every day. I have a friend who is informed, but nothing ever wrinkles her forehead.

Nothing is going to wrinkle my fore-head today. It’s “Strawberry Fields For-ever.”

Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at [email protected].

success. It’s the attitude of going further, beyond the top, that drives me to want to work harder at my goals. For me it is about going “Over the top.”

What do you think about when you hear the words, “See you at the top?”

Where is the “Top” for you? Have you ever imagined what could be beyond the “Top” or as Zig says, “Over the top?” for yourself? I would love to hear all about it at [email protected] and when you do seek the top or going over the top it will defi nitely be a better than good week.

Michael Norton is a resident of Highlands Ranch, the former President of the Zig Zi-glar Corporation and the CEO/Founder of www.candogo.com.

Continued from Page 6

Marshall


Norton

“ . . . to make that boat his — The Max,” To-pher said. “He’s in the bar area looking out on the lake. It just makes so much sense.”

In mid-February, a celebration of life for Max will be held at his Denver restau-rant. Those who come should wear happy colors. No black. No tears.

Because Max wouldn’t want crying, To-pher said.

He loved life too much.Topher tells this story about the Grand

Lake cabin:

“We’re known for staying up way too late there and having Lemon Lodge rent-ers yell at us. One day, a couple of Lemon Lodge renters come up and say they’re trying to go to bed . . . and how much lon-ger will you guys be staying up?”

Max glanced at his watch, then looked up.

“We’ve been partying for 23 years here,” he said, “and think we’ve got 23 more to go.”

Cheers.

Ann Macari Healey’s column about peo-ple, places and issues of everyday life appears every other week. She can be reached at [email protected] or 303-566-4110.


Healey Chat� eld project edging closer One more hurdle to clear before heading to governor By Jennifer Smith [email protected]

The Colorado Parks and Wildlife Com-mission unanimously accepted the Chat-fi eld Reservoir Reallocation Project plan during its Jan. 9 meeting, sending it on next to the Colorado Water Conservation Board and ultimately to the governor.

Chairman Bill Kane, while acknowl-edging the concerns of many citizens who addressed the board, noted the doc-ument is compliant with the law.

“We have to decide if the greater good is served by approval or denial,” he said. “And we’ve got to fi gure out of the perfect could potentially be the enemy of the good.”

The U.S. Army Corp of Engineers au-thored the plan in an effort to meet the growing need for water in the metro area. It recommends reallocating 20,600 acre-feet of water from fl ood control to usable storage, raising the water in the recre-ation area by 12 feet. Water would cover more of the park, requiring reconfi gura-tion of the marina and other amenities.

“Chatfi eld wasn’t originally meant to be recreational,” said Commissioner Dean Wingfi eld. “We’re going to put a hiccup in it, but I don’t know what it’s going to look like in 20 years. I think my children and my grandchildren will see a very beautiful Chatfi eld.”

The statewide Water Supply Initiative

estimates Colorado will need between 600,000 and 1 million acre-feet annually of additional municipal and industrial water by the year 2050.

“There is also a strong need for addi-tional water supplies for the agricultural community in the South Platte Basin, as thousands of acres of previously irrigated land has not been farmed in recent years due to widespread irrigation well curtail-ments,” reads a Corps press release.

The fi nal report outlined three other options but concludes this is the least costly and has the most local support. It says this option would provide $8.42 mil-lion annually in economic benefi ts, while acknowledging there could be adverse effects on recreation and the environ-ment that will be “mitigated to the most sustainable alternative to below a level of signifi cance.”

Communities downstream from the dam have expressed concern that the changes will negatively impact the South Platte River as it runs through them, and the Corps acknowledges those fl ows are a key uncertainty.

“While mitigation and modifi cation plans have been developed … in coor-dination with resource agencies, there is still a level of concern that implementing a reallocation could lead to a somewhat different condition for which environ-mental mitigation or recreational facility modifi cation has not been designed ap-propriately,” reads the study.

It says the water providers are working closely with resource agencies on proj-ects that could pick up where the mitiga-tion efforts leave off.

“It usually only takes the state a day or two to release the funds once they ap-prove the audit,” Pettitt said.

The accounting fi rm of Eide Bailey is performing the work.

Pettitt said he had not checked the ex-act amount of the funds currently frozen since earlier this month.

“This is really a slow time of the year for collecting taxes so I wouldn’t think the amount (frozen) has increased that much,” Pettitt added.

The treasurer said the ongoing situa-tion has not caused cash-fl ow issues for the county. “All of our bills are continuing to be paid.”

Schlegel said the 2012 audit “is going through executive review right now and we’ve been promised that it will be done no later than January 31, and earlier if possible. They are working as quickly as they can.”

When the audit is completed, Schlegel said the BOCC will set a special meeting “to accept it” and then the document will be forwarded to the state.

A similar situation occurred in 2012 when the county also missed repeated deadlines to submit to the state its year-end 2011 audit. In that case, the state froze more than $117,000 in county property tax revenues for nearly two months until the report was received by the auditor’s offi ce.

At the Jan. 14 study session, Rowland vowed: “This is going to be the last time the county fi nds itself in this position.”


Audit

under state law.Before Judge Holmes handed down the

sentence, Dolin read a brief statement. “I am sorry for what I did to my daughter,” he said. “If I didn’t hurt her, she would be here today. I will never forgive myself.”

Dolin, who had no previous criminal record, had been taking care of his infant daughter and 3-year-old son Landon while his wife went to college one night a week.

On March 14, 2012, Elbert County sher-iff’s deputies responded to a call for medical help involving an infant having seizures at Dolin’s Elizabeth residence.

The baby was initially seen at Children’s Hospital in Parker and subsequently trans-ported to Children’s Hospital in Denver, where she was placed in a medically in-duced coma while being treated for cranial bleeding and broken ribs.

The baby died from those injuries on April 1, 2012.

When questioned by police, Dolin ini-tially claimed his son had hit the baby in the face with a Spiderman toy but later changed his story and said the baby had fallen off a couch onto a cement fl oor while he was out of the room folding laundry.

When the child started acting strangely, Dolin said he put her in a warm bath and

later admitted to shaking her when she con-tinued to have seizures.

But doctors found evidence of multiple injuries to the baby’s ribs and other parts of her body that the child had suffered prior to her March 2012 hospitalization.

Dolin was arrested two days after the baby was hospitalized and has been held for the past 21 months in the Elbert County jail.

At the sentencing hearing, Janice Kimball Prokop, the baby’s great grandmother, said, “The reason Marlayna is gone is because someone shook her, broke her, destroyed her developing little brain. This was no accident. With her death a family was destroyed.”

At the hearing, all of the victim’s family members and supporters wore buttons dis-playing a photo of baby Marlayna.

“I am forever grateful to this community for its support and for taking a piece of our pain,” said Jaime Dolin.

In a statement issued after the sentenc-ing, 18th Judicial District Attorney George Brauchler said, “There is no place in our so-ciety for a parent who kills their own child. The years this man will spend in prison are meaningless when compared to the years he stole from the most vulnerable, most defenseless, the most innocent life in our community. May the image of her sweet face never leave his mind.”

Dolin, who must serve at least 75 percent of his sentence, will be eligible for parole in 2034. He was also ordered to pay restitution in the amount of $51,450.


Dolin

8-Life-Color

South MetroLIFE8 Elbert County NewsJanuary 23, 2014

Passport to Paris nears end of trip

“Passport to Paris,” three shows that feature French art from 1600 to 1900, will end their collective run Feb. 9 at the Denver Art Museum, 100 W. 14th Ave. in Denver.

Included: “Court to Café: Three Cen-turies of French Masterworks from the Wadsworth Atheneum;” “Nature as Muse: Impressionist Landscapes from the Frederick C. Hamilton Collection and the Denver Art Museum” (Hamil-ton just recently donated his collection to the museum); and “Drawing Room: An Intimate Look at French Drawings from the Esmond Bradley Collection.”

Extended hours are announced to make the shows accessible to more vis-itors: on Thursday evenings, the shows will be open until 7 p.m. and on Feb. 7, 8, 9, until 10 p.m. Timed tickets are re-quired: Go to www.ParisinDenver.com.

*Opening Jan. 26: “Fracture: Cub-ism and After” featuring 13 paintings in a rotation from the Museum’s collec-tion showing skewed perspectives by creative types, including Picasso and Lichtenstein. Included in museum ad-mission.

Wind Band music from three centuriesThe Highlands Ranch Concert Band

presents a broad collection of music in its first free concert of 2014, at 2 p.m. Jan 26 at St. Andrews Methodist Church, 9203 S. University Blvd., High-lands Ranch.

The program will include John Philip Sousa’s “Hands Across the Sea,” an 1899 march dedicated to America’s allies abroad and to the Highty-Tightys, the regimental band of Virginia Tech. Aar-on Copland’s “Hoedown” from “Rodeo and a “Broadway Spectacular!” medley featuring “Hello Dolly!” “What I Did For Love,” “Mame,” “Tomorrow,” and Sun-rise, Sunset” are also on the program.

For Information on how to join or on future programs, see www.hrconcert-band.org or call president Kelley Mes-sall, 303-683-4102.

Front Range Theatre CompanyA Triple Threat Summer Camp is an-

nounced for 11- to 18-year olds from June 9 to 21 at Mountain Vista High School, 10585 Mountain Vista Ridge, Highlands Ranch. Sessions will run from 8 a.m. to 3 p.m. with instruction in voice, acting, dancing and technical theater.

Laurilea Williams, theater director for Mountain Ridge Middle School in Highlands Ranch is the point of contact and may be reached via email at [email protected]. Also planned: a Professional New York City Tour from June 3-6 for students.

Film discussion seriesOffered by Colorado Humanities,

“Created Equal: America’s Civil Rights Struggle” will be a four-month series of film clips and conversation with Little-ton and Denver community members who were involved. On Feb. 5 is “The Abolitionists” with Charles Everett Pace; Mar. 5 “Slavery By Another Name” with Helen Kearney; April 2 “The Lov-ing Story” with Dr. Charles Fraser; and May 7 “Freedom Riders” with Carlotta Walls LaNier. Register for one or more online through the Library Main Cal-endar, www.littletongov.org or call 303-795-3961.

Peter Pan flies at PACE Director hopes traditional play has elements of surprise By Sonya Ellingboe [email protected]

While there have been many onstage versions over the years since it was pub-lished in 1904, J.M. Barrie’s beloved tale of “Peter Pan,” the boy who didn’t want to grow up, will be true to the familiar Mary Martin version that appears occa-sionally on TV.

Now under Disney’s careful control, it has become part of our cultural fab-ric and when it fills the large stage at the PACE Center in Parker, directed by Ben Dicke and produced by Starkey Theatrix, a new generation of children will experi-ence the delight of seeing Peter, Wendy, Michael, Nana, the pirates, Indians, Banks’ nursery and Never-Never Land.

“How do we make it our own? Every-thing is so expected,” Dicke asks.

With a strong professional cast, lav-ish costumes and a special set built by the PACE technical crew, it promises to be a magical production. Dicke said

he started the rehearsal process with a movement workshop.

Lacey Connell, who has been playing Dorothy in “Wizard of Oz” at the Colora-do Springs Fine Arts Center, stood out in auditions and call-backs and will be the forever-young Peter — a role tradition-ally played by a woman. Veteran actor/singer Stephen Day will play the menac-ing Captain Hook.

Flying by Foy has been in the busi-ness of flying Peter Pan since Mary Mar-tin played the part on Broadway in 1954 with the great Cyril Ritchard as her Cap-tain Hook.

Director Dicke said the Foy’s employ-ee in charge in Parker has been in the business for 15 years and flew in from Las Vegas just to get the job done.

“We have the best musical director in

town, David Nehls, a fine choreographer in Matthew Peters and Laurie Klaperich brought neat colors for costumes,” said Dicke, who is excited about how the per-formance is coming together.

“I hope it’s the Peter Pan you know and recognize — and haven’t seen be-fore,” he commented. He imagines tick-ets will be in short supply by the second weekend.

Dicke’s MFA in Theatre Performance is from Roosevelt University in Chicago, a city where he performed before mov-ing to Denver.

His family and fiancée are from this area, so Englewood will remain home base, although he and his fiancée have a New York apartment, where he will re-turn once “Peter Pan” is up and running. He performs and directs on regional stages around the country.

In addition to his theatrical career, Dicke, 34, continues to be involved in distance running. “I’m still trying to trash my body,” he said.

He runs distances from 5k to 100 miles on road and trail and is a proud member of not only Actor’s Equity As-sociation, but of Rocky Mountain Road Runners.

Lacey Connell as Peter Pan and Stephen Day as Captain Hook in “Peter Pan” at PACE. Photo by Focus Tree

IF YOU GO“Peter Pan” plays at 7:30 p.m. Jan. 24, 25, 31, Feb. 1, 8;

2 p.m. Jan. 25, 26, Feb. 1, 8, 9 at the PACE Center, 20000 Pikes Peak Ave., Downtown Parker. Tickets cost $16 to $25, with a 20 percent discount for children: 303-805-6800, PACEcenteronline.org.

Young soloist to perform with symphony Piano prodigy hails from China By Sonya Ellingboe [email protected]

“Great Stories in Music: the Fantastic Story of Peer Gynt” is the title for the next Littleton Symphony concert on Feb. 7 at Littleton United Methodist Church.

Incorporated in this performance is another great story: 18-year-old piano prodigy Jiaqi Long will perform Rach-maninoff’s “Rhapsody on a Theme of Paginini.”

Long was born in 1996 in Liuzhou, Guanxi Province, China and started pia-no studies at age 4. He won the Little Mu-sician’s Piano Competition a year later in

his home province and won other com-petitions in the years that followed.

In 2007, he was admitted to the Pre-College Piano Division of the Guanxi Arts Institute, where he studied with Profes-sor Cheng Jun, while he continued aca-demic training at the Tiantao Elementary School.

While at the college, he had opportu-

nities to perform for special guests, in-cluding Daniel Sher, Dean of the CU Col-lege of Music and pianist Larry Graham, Emeritus Professor of Music at CU.

In August 2010, with his parent’s sup-port, he traveled to Colorado, where he is a student at Accelerated Schools and continues his piano studies with Profes-sor Larry Graham and Jasmine Stead-man, living with Jasmine Steadman and her husband Dale Steadman.

He continues to compete and won the 2012 Steinway Concerto Competition, earning the opportunity to perform with the Colorado Symphony and an invita-tion to play with the Littleton Symphony.

The program, conducted by Music Di-rector Jurgen de Lemos, will also include; Liszt’s “Les Preludes,” and narration of Grieg’s fantastic tale for the “Peer Gynt Suite” by CPR Classical announcer David Rutherford.

IF YOU GOThe Littleton Symphony Orchestra, conducted by

Jurgen de Lemos, will perform at 7:30 p.m. on Feb. 7 at Littleton United Methodist Church, 5894 S. Datura St., Littleton, featuring pianist Jiaqi Long. Tickets cost $15/ $12/ free 21 and under: littletonsymphony.org, or Gorsett Violin Shop, 8100 Quebec St. B 206, Centennial (M-F 12-6; Sat 10-4). Information: 303-933-6824, [email protected].


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PACE Center sign to be installed LED message board will announce shows at venue By Chris Michlewicz [email protected]

The designers behind a $200,000 elec-tronic message board that will go in front of the Parker Arts, Culture and Events Cen-ter say they wanted to create a window to the action inside.

Sporting a 12-by-6-foot LED screen, the new gateway art piece will announce shows to passing motorists and pedestri-ans once it’s installed this spring. At 20-feet tall, the sign will quickly become a notice-able landmark along East Mainstreet near Pine Drive.

Bob Gnaegy, signage designer for TaCi-to Design, Inc., said he wanted to create a look that complements the PACE Center’s architecture and “draws eyes to the build-ing.”

The sign is being built by YESCO, a company also creating a sign for the new Charles Schwab campus on Lincoln Av-enue near Interstate 25 in Lone Tree.

The idea was to make an aesthetic statement by designing a sculpture with a “sign carefully integrated into it,” Gnaegy

said. The team wanted to avoid a typical LED sign on a stone base. The result was what looks like an “abstract artist’s easel,” which Gnaegy described as a fi tting anal-ogy for supporting PACE artists and their work in all types of media.

It’s not overpowering and capably blends art and technology, he said, adding it was “appropriate to go beyond conven-tion” because of the message board’s in-tended use.

Councilmember John Diak said some residents don’t know where the PACE Cen-ter is located and he expressed concern that the piece “doesn’t create a brand” be-cause the performing arts venue’s name isn’t on the sign.

“Something that says `PACE Center’ would be more appealing,” he said.

The venue name will be used in adver-tisements for upcoming shows on the large screen, according to the team charged with creating the message board.

A handful of young trees lining East Mainstreet could be removed because of concerns that future growth could ob-struct the sign. One councilmember sug-gested using planters containing fl owers to replace them.

The sign is expected to be the fi rst piece in a sculpture garden that will decorate the PACE Center’s front lawn.

Whatever Lola Wants...Presented by Performance Now, “Damn

Yankees” will play Jan. 31 to Feb. 16 at the Lakewood Cultural Center, 470 S. Allison Parkway, Lakewood. Britta Lee is director, with musical direction by Ken Goodwin of Highlands Ranch. Performances: 7:30 p.m. Fridays, Saturdays; 2 p.m. Sundays. Tickets: $28/$25/$21. 303-987-7845, www.perfor-mancenow.org.

Relationships“Dogs Barking” by Richard Zajdlic plays

Jan. 16 to Feb. 8 at the John Hand Theater, 7653 E. 1st Place, Denver. Presented by Sil-houette Theatre Company, directed by Brian Brooks. Performances: 7:30 p.m. Thursdays; 2 p.m. Saturdays; 6:30 p.m. Sundays; 7:30 p.m. (No performance on Feb. 2); Industry nights Mondays Jan. 27 and Feb. 3. 7:30 p.m. (Silhouette shares this theater with Spot-light, alternating performances.) Tickets: $16, 303-999-9143, www.silhouettetheatre-company.org.

One for the short set“Stuart Little,” based on E.B. White’s tale

of a most unusual mouse, is presented by Dallas Children’s Theatre at Lone Tree Arts Center. Performances on Feb. 5 at 10 a.m., 12:30 p.m., and 6 p.m. Tickets: $8, 720-509-1000, www.LoneTreeArtsCenter.org.

Orphans“Orphans” plays through Feb. 9 at Edge

Theatre, 1560 Teller St., Lakewood. Perfor-mances: 8 p.m. Fridays, Saturdays; 6 p.m. Sundays (no show Feb. 2); Industry night 8 p.m. Jan 27. Tickets: theedgetheater.com.

Boing Boeing“Boing Boeing” by Marc Camoletti, trans-

lated by Beverly Cross and Francis Evans, plays through Feb. 9 at Town Hall Arts Cen-ter, 2450 W. Main St., Downtown Littleton. Robert Wells is director. Performances: 7:30 p.m. Thursdays, Fridays, Saturdays; 2 p.m. Sundays and Sat., Jan. 25; 6:30 p.m. Jan. 26. Tickets: $20-$40, 303-794-2787, ext.5, www.TownHallArtsCenter.com.

CURTAIN TIME

10-Sports-Color

ELIZABETH HIGH SCHOOL

Boys basketball

Elizabeth 76, Fort Morgan 64Elizabeth used their 23 point third quarter to help them win 76-64 against Fort Morgan. Both seniors Trevor Boss and Ryan White scored 21 points in the game versus the Cardinals. Senior James Christiansen scored 12 points and junior Aaron Stone scored 10. Stone grabbed six re-bounds and senior Brandon Severinson had � ve.

Elizabeth 83, Weld Central 75

With Elizabeth only being up by one point at the end of the third quarter, the Cardinals scored 32 points in the fourth to capture the win against Weld Central. Junior Aaron Stone scored 22 points for his team and senior Trevor Boss scored 11. Seniors Ryan White and James Christiansen and junior Stuart Eurich all scored 10 points. Stone had 10 rebounds for the double double and Christiansen went 6-for-6 at the free throw line.

Girls basketball

Elizabeth 82, Fort Morgan 33

Senior Tatum Neubert’s 31 points helped with Eliza-beth’s victory over Fort Morgan as they won 82-33. Se-nior Sabra Ross scored 17 points and senior Sara Ernst scored 11. The Cardinals have won six consecutive games and are 11-1 on the season.

UPCOMING GAMES

Boys basketball

FRIDAY5:30 p.m. - Elizabeth vs. Fort LuptonSATURDAY

4 p.m. - Elizabeth @ Pueblo SouthTUESDAY7 p.m. - Elizabeth @ Englewood

Girls basketball

FRIDAY7 p.m. - Elizabeth vs. Fort LuptonSATURDAY2 p.m. - Elizabeth @ RooseveltTUESDAY7 p.m. - Elizabeth vs. Englewood

Prep sports ScoreboardPrep sports ScoreboardPrep sports Scoreboard

10 Elbert County NewsJanuary 23, 2014ElbertSPORTS

ELIZABETH BOYS TAKE TWO IN A ROW Cardinals improve to 9-4 overall with league wins By Scott Stocker Special to Colorado Community Media

In a way, it was somewhat a brutal night for the Elizabeth boys basketball team in their Colorado 7 League game against Weld Central. However, the Cardinals were able to prevail with an 83-75 victory over the visiting Rebels on Jan. 17.

And it certainly wasn’t any easier for Elizabeth the next day against visiting Fort Morgan, despite the 76-64 victory. With the wins, the Cardinals improved to 9-4 overall and 2-1 in league play. Fort Morgan fell to 10-4 and Weld Central 4-9, with both oppo-nents now 2-2 in the league standings.

Six of the Elizabeth players, led by Aaron Stone’s 22 points, were able to score in dou-ble-fi gures in the wild victory against Weld Central. The game was tied 39-39 at the intermission with the Cardinals gaining a 51-50 edge heading into the fi nal quarter.

“It was very physical, but we played well overall,” said Stone, who scored eight of the Cardinals fi rst 12 points in the fi nal stanza. “It was just best to leave it all out on the court. We tried not to be in hurry, save the ball and share it. It was a good game to have when it comes to physical output.”

Trevor Boss, who accounted for 11 points, was in total agreement.

“It was like playing tag out there,” Boss said. “Our key was rebounding and not to sell out on defense. Just go out there are score. We were able to fi ght back through-out the night and with Jake (Gavitt) out, we just all needed to push harder. We’ll have him back, but we did miss him out there.”

Gavitt, who has been the leading scorer for Elizabeth this season, is out with an injured knee. He is expected back in the lineup within a couple of weeks.

Elizabeth, coached by Mike Boss, was able to gain command in the fourth quar-ter as the Cardinals went on a 14-3 run within the quarter’s fi rst three-minutes. From there, it was just holding on.

“The boys came up hard, knowing they would be without Jake,” Boss said. “It was defi nitely one of our most physical games to date.”

Indeed, a comment well accepted by Elizabeth’s Brandon Severinsen, who came through with 14 points for the winners.

“We just couldn’t seem like we could connect early,” Severinsen said. “They were tough and we knew they were going to be tough. We just wanted to play hard and without Jake, we just had to fi nd our way to come through. It was a teamwork game that got us through. That second half went well.”

On the other side of the court, it was a tough loss for Weld Central and coach Brett Cloepfi l.

“Both teams went out there and com-peted well,” Cloepfi l said. “It was an ex-

tremely physical game, one of our toughest of the season in that respect. We just didn’t do a good enough job stopping them in that fourth quarter. We had our second half problems and just gave up a lot of points.”

Certainly the thoughts of Weld Cen-tral standouts, Austin Bull, who scored 20 points and Dyllan Galligan, who tallied 19 in the losing effort.

“It was a rough night and (Stone) was certainly good against us,” said Galligan. “I think it was our best game point-wise, but we still lost. They got the offensive re-bounds when it counted — we just couldn’t seem to come through when we needed it the most.”

Added Bull, “It was pretty chippie out there, too. We just needed to overcome the physical play and execute on defense. We had some good stops, but not enough. I certainly will look forward to playing them at home (Feb. 11).”

It was considered a toss-up the fol-lowing night when Elizabeth hosted Fort Morgan, coached by Chad Unrein, as both team are considered true league champi-onship contenders. Yet the Cardinals were able to establish a 41-26 halftime lead put-ting solid pressure on the Mustangs.

And it was pressure Elizabeth had to overcome as Fort Morgan battled back.

“We were up by 20 points midway through the third quarter and it seemed that we just lost focus in the fourth,” Mike Boss said. “It was something to learn from and to adjust. Aaron Stone was tough

again. The key for us is to adjust offen-sively, share the basketball, have our drives and get some good outside shooting. The offense was good. We just need to get bet-ter on defense.”

Leading the way for Elizabeth against the Mustangs was Ryan White and Trev-or Boss, who both came through with 21-point efforts. Logan Weber only scored two points, but he was a standout defen-sively for the Cardinals.

“This is a game in which we came out and got into it, and, it was better than we played last night.” White said. “We hit the three’s and we played some solid defense, getting a lot of steals. After the fi rst half we had a talk saying we had to come out with more effort and we did, getting a big lead. I think we were more effective in creating our shots tonight.”

Weber had solid thoughts on the pres-sure Fort Morgan could probably provide.

“We knew that with Fort Morgan we had to fi ght to the last minute and to really cut down on our mistakes,” Weber said. “This was a very big game for us as our two teams are right in the chase for the league title. With Jake out, we also knew that we all had to have a much larger effort on our parts.”

Unrein knew it was going to be a rough night, but it certainly didn’t come out as he had hoped.

“We just didn’t shoot well, 26 out of 86 for the game,” Unrein said. “In the fi rst half we were 10 of 39. Not a way for us to go.”

CARDINALS GIRLS CRUISE TO 11-1 RECORD Elizabeth overcomes mistakes to win big in pair of games By Scott Stocker Special to Colorado Community Media

Mistakes, mistakes, mistakes. That was the word the Elizabeth girls were repeating over and over at their game Jan. 17 against visiting Weld Central. Yet, despite the mis-takes, the Cardinals still prevailed, 55-34 against their Colorado 7 League rival.

Mistakes are something you learn from and they were certainly at a minimum for Elizabeth in the Jan. 18 game against visit-ing Fort Morgan. As a result, the Cardinals were able to come through with a resound-ing 82-33 victory, thus running their record to 11-1, 3-0 in the league.

Despite the miscues, Elizabeth, coached by Jaime Schmalz, was still able to top Weld Central, dropping the Rebels to 9-4 overall, 3-1 in the league.

Freshman guard Olivia Whitworth had one of her best outings of the season scor-ing 14 points for Elizabeth. She was joined in double-fi gures by Oregon-bound Tatum Newuberth, 17 points, and Sabra Ross, 13 points.

“Despite the mistakes, we still played well as a team,” Whitworth said. “No one is selfi sh and we just went out hard. We knew they would key on Tatum, too. I felt

I shot pretty well and was able to play hard against their press. We didn’t allow them many points and that fi rst half was solid defensively for us.”

Indeed it was. Weld Central, coached by Lynda Smialek, had its problems getting on the scoreboard.

Elizabeth jumped out to a 14-5 lead in the fi rst quarter and led 32-10 at the half. For all intent and purpose, the Cardinals had this one in the bag.

“I do think that we could have played a lot better against them,” said Kaylyn Radtke, who was a standout on defense for Elizabeth, while adding three points on one long shot. “They were scrappy, to be sure. But we all hustled out there.

“Our key was rebounding and playing that hard defense. My shot was off and I have to admit I was nervous coming into the game. We have a lot of respect for them and knew it was going to be diffi cult. We just had to keep our mistakes down. Still, we had a few more than any of us would have anticipated.”

“We just seemed to be playing sloppy and it defi nitely was one of our most slop-py games,” Schmalz said. “Our young girls stepped up tonight and they were able to carry us. It was one of the harder games for Tatum. Overall, I just don’t seem to have a clue as to why we played this way.”

Alicia Gerken was the only Weld Cen-tral player to reach double-fi gures with 10 points.

“We were able to overcome some of our fi rst-half mistakes and play better in the second,” said Gerken, a 5-foot, 7-inch junior. “But Elizabeth is a very good team and we realized that from the beginning. We came here ready to go, but Elizabeth is awesome. We were excited to play them and it’s certainly a learning experience.”

Smialek had similar thoughts.“Elizabeth is certainly one of the best

teams that we’ve played,” Smialek said. “It is a learning experience and we will be looking forward to playing them in our next meeting at home. The fi rst half was diffi -cult, yet the girls were putting out a hard effort. We had the chances to score, too. We just couldn’t get the ball to go down.”

Elizabeth certainly had a different look, one in which they have had for much of the season, the following night against Fort Morgan. And, it certainly was a turn-around night for Neubert as she scored a game high 31-points. Twelve of those points came in the fi rst quarter as the Car-dinals established a solid 20-4 lead.

“We defi nitely rebounded from last night and I sure did on my part,” said Neu-bert, who is playing with a broken fi nger. “Our defense was just outstanding. We saw the fl oor well and we had the offense work-ing. It certainly was better than last night against Weld Central and I was able to work through the pain.”

Fort Morgan, coached by Jim Kreike-meier, was able to rebound somewhat in

the second quarter, but still trailed 36-22 at the intermission. But Elizabeth broke the game wide open in the third quarter out-scoring the Mustangs, 27-4, thus putting a big smile on Schmalz’s face.

“We just mixed it up a lot better tonight and played hard for the fi rst three quar-ters,” Schmalz said. “Our three-point shots were going down and it certainly was pleas-ant to see the way Tatum redeemed herself tonight from last night. We were able to press defensively and then take some good advantage when we got the ball back. The girls concentrated and got the job done.”

Elizabeth’s Sabra Ross also felt she got the job done, coming through with 15 points following her 13-point effort against Weld Central.

“It just defi nitely was a team effort,” Ross said. “Our passing was on tonight and I was looking to get the ball to the others. When I couldn’t, I just shot. Tonight we just didn’t feel afraid to get anything done. The offense was on track, certainly Tatum was.”

And, it was a game that had Kreikemeier shaking his head.

“We played hard, but defi nitely had our hands full,” Kreikemeier said. “Neubert is defi nitely a Division I player. What a young lady with talent. They started hitting the three’s and that hurt, as well, and they just had their fl oor game going. We just were not having that great of offensive night on our side. The girls tried, they were just over-whelmed.”

EDITOR’S NOTE: Calendar submissions must be received by noon Wednesday for publication the following week. Send listings to [email protected]. No attachments, please. Listings are free and run on a space-available basis.

JAN. 26, Feb. 23

MONTHLY BREAKFAST The Elbert Woman’s Club plans its monthly breakfast from 8 a.m. to 1 p.m. Sunday, Jan. 26 and Sunday, Feb. 23 at the Russell Gates Mercantile Community Hall. Biscuits, gravy, sausage, ham, scrambled eggs, co� ee/tea and juice are served for $6/adults and $3/children younger than 12. The hall is located in Elbert on Elbert Road between Highways 86 and 24, 11 miles south of Kiowa. Proceeds support the maintenance and renovation of the Hall, built in 1906.

JAN. 31 to Feb. 2

DISCARD YOUR JUNK Bring your old furniture and miscellaneous junk to the Elizabeth Library from Jan. 31 to Feb. 2. ARC Thrift Stores will park a 45-foot trailer at the library, 651 W. Beverly St., and the more we � ll the trailer, the larger the donation ARC will make to the Elbert County Libraries Foundation. Contact Wendy at 303-646-3792, option 7.

THE OUTBACK EXPRESS is a public transit service provided through the East Central Council of Local Governments is open and available to all residents of Cheyenne, Elbert, Kit Carson and Lincoln counties and provides an economical and e� cient means of travel for the four-county region. Call Kay Campbell, Kiowa, at 719- 541-4275. You may also call the ECCOG o� ce at 1-800-825-0208 to make reservations for any of the trips. You may also visit http://outbackexpress.tripod.com.

DIVORCE AND POST-DECREE CLINIC. Elbert and Lincoln County Pro Se Divorce Clinic is o� ered from 9 a.m. to noon the third Friday of each month at the Elbert County Justice Center, 751 Ute St., in Kiowa. For information, call 303-520-6088 or email [email protected]. The clinic is free for parties who have no attorney and who are going through dissolution of marriage, legal separation, or post-decree cases. All walk-ins are welcome, and will be assisted on a � rst-come, � rst-served basis.

DOUGLAS-ELBERT COUNTY MUSIC TEACHERS’ ASSOCIATION meets at 9 a.m. every � rst Thursday at Parker Bible Church, between Jordan and Chambers on Main Street. All area music teachers are welcome. Call Lucie Washburn, 303-814-3479.

THE ELBERT COUNTY SHERIFFS POSSE is a nonpro� t volunteer organization that is part of the Elbert County Sheri� s O� ce. As volunteers we support the Elbert County Sheri� s O� ce, all law enforcement in our county, and the community at large. Member-ship is open to anyone without a criminal record. It meets the last Monday of the month at the Elbert County Sheri� s O� ce at 7 p.m. For more information or a membership application, go to http://www.elbertcountysheri� .com/posse.html, or contact Dave Peontek at 303-646-5456.

THE ELIZABETH FOOD BANK, 381 S. Banner in Elizabeth (next door to Elizabeth Presbyterian Church) needs to let the public know that we are available to help anyone who needs food. The hours are Friday 12:30-3 p.m. and Saturdays from 9-11:30 a.m. Other times by appointment.

ELIZABETH GUITAR GROUP. Elizabeth guitar circle will meet on the � rst and second Wednesday of each month at the Elizabeth Library. Traditional protocol/courtesy. Coun-try, pop, bluegrass, cowboy, Beatles, 50s, 60s, 70s, blues, jazz and more. We who play for pleasure would love to meet more of same. Acoustic or power down. Come prepared to

share a few songs, perform, play along, sing along with others. Enjoy new guitar friends to jam with. Gerry Vinson hosts on the � rst Wednesday from 6:30-9 p.m., and Laurie Smith hosts on the second Wednesday from 6-9 p.m. Uncertain? Drop by and observe. Banjo, ukelele, mandolin welcome. Call Laurie at 720-363-3531.

LAWYERS AT THE LIBRARY, a free legal clinic for parties who have no attorney, will be o� ered from 6-9 p.m. the second Tuesday of every month at the Elizabeth Library, 651 W. Beverly St. Volunteer attorneys will answer questions, help � ll out forms and explain the process and procedure for the areas of family law, civil litigation, criminal defense,

property law, probate law, collections, appeals, landlord-tenant law and civil protection orders. Walk-ins are welcome. Everyone will be helped on a � rst-come, � rst-served basis.

MYSTERY BOOK CLUB meets at 9:30 a.m. the � rst Saturday of each month at the Simla Public Library. The group enjoys talking about a variety of mystery authors and titles. We also periodically host a Colorado author during our meetings. Everyone may join us, and registration is not required. Visit the Simla Branch of the Elbert County Library District at 504 Washington Avenue, call 719-541-2573, or email [email protected].


11

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THINGS TO DO

OF GAMESGALLERYc r o s s w o r d • s u d o k u

& w e e k l y h o r o s c o p e

GALLERY OF GAMESc r o s s w o r d • s u d o k u & w e e k l y h o r o s c o p e

SALOME’S STARSFOR THE WEEK OF JAN 20, 2014

ARIES (Mar 21 to Apr 19) Although you’re getting kudos and other positive reactions to your sugges-tions, don’t let the cheers drown out some valid criti-cisms. Better to deal with them now than later.

TAURUS (Apr 20 to May 20) Following your keen Bovine intuition pays off, as you not only reassess the suggestions some people are putting in front of you, but also their agendas for doing so.

GEMINI (May 21 to Jun 20) You continue on a high-enthusiasm cycle as that new project you’ve assumed takes shape. You’re also buoyed by the anticipation of receiving some good news about a personal matter.

CANCER (Jun 21 to Jul 22) Your eagerness to im-merse yourself in your new assignment is understand-able. But be careful that you don’t forget to take care of that pressing personal situation as well.

LEO (Jul 23 to Aug 22) This is a good time to learn a new skill that could give a clever Cat an edge in the up-coming competition for workplace opportunities. Enjoy the arts this weekend with someone special.

VIRGO (Aug 23 to Sept 22) You could risk creating an impasse if you insist on expecting more from oth-ers than they’re prepared to give. Showing flexibility in what you’ll accept could prevent a stalemate.

LIBRA (Sept 23 to Oct 22) Although you can weigh all factors of a dispute to find an agreeable solution for others, you might need the skilled input of someone you trust to help you deal with an ongoing situation of your own.

SCORPIO (Oct 23 to Nov 21) The good news is that your brief period of self-doubt turns into a positive “I can do anything” attitude. The better news is that you’ll soon be able to prove it.

SAGITTARIUS (Nov 22 to Dec 21) This is a good time for Sagittarians to start making travel plans while you still can select from a wide menu of choices and deals, and not be forced to settle for leftovers.

CAPRICORN (Dec 22 to Jan 19) Like your zodiacal sign, the sure-footed Goat, you won’t allow obstacles in your path to keep you from reaching your goal. Don’t be surprised by who asks to go along with you.

AQUARIUS (Jan 20 to Feb 18) Let your head domi-nate your heart as you consider the risks that might be involved in agreeing to be a friend’s co-signer or otherwise act as his or her backup in a financial matter.

PISCES (Feb 19 to Mar 20) Prioritize: Resolve to close the door and let your voicemail take your phone calls while you finish up a task before the end-of-week deadline. Then go out and enjoy a fun-filled weekend.

BORN THIS WEEK: Your capacity for care and compassion helps to bring comfort to others.

© 2014 King Features Synd., Inc.


12

Notice To Creditors PUBLIC NOTICE

NOTICE TO CREDITORSEstate of Gary Lynn Oldham,

aka Gary L. Oldham,aka Gary Oldham, Deceased

Case Number: 2014 PR 30001

All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of ElbertCounty, Colorado on or before May 23,2014 or the claims may be forever barred.

Jeanette OldhamPersonal Representativec/o Mark D. Masters, Esq.2696 S. Colorado Blvd., Suite 350Denver, Colorado 80222

Legal Notice No: 927874First Publication: January 23, 2014Last Publication: February 6, 2014Publisher: Elbert County News

Misc. Private Legals Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

DECEMBER 2013WATER RESUME PUBLICATION

TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS

IN WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of DECEM-BER 2013 for each County affected.

13CW3155 Timberline Stables, Inc.,P.O. Box 640, Parker, CO 80134 (JamesJ. Petrock, Petrock & Fendel, 700 17thStreet, #1800, Denver, CO 80202), AP-PLICATION FOR UNDERGROUND WA-TER RIGHTS FROM NONTRIBUTARYSOURCES, IN THE NONTRIBUTARYDENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, ELBERTCOUNTY, 110 acres located in the E1/2 ofSection 2, T6S, R65W of the 6th P.M., be-ing Lots 2, 3, and 4, Prairie Ridge, asshown on Attachment A. (1740, 1780, and1790 Michael Gates Drive). Denver: 63acre-feet; Arapahoe: 43 acre-feet; andLaramie-Fox Hills: 33 acre-feet, Domestic,commercial, industrial, irrigation, stockwa-tering, and augmentation purposes, onand off the Subject Property. Further, Ap-plicants pray that this Court grant the ap-plication and for such other relief asseems proper in the premises. (3 pages).

THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofFEBRUARY 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 927861First Publication: January 23, 2014Last Publication: January 23, 2014Publisher: The Elbert County News

Public Notice




IN WATER DIV. 1


13CW3172 East Cherry Creek ValleyWater and Sanitation District (“ECCV)c/o David Kaunisto, District Manager,6201 S. Gun Club Road, Aurora, CO80016, (303) 693-3800; United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2.8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending appl ication in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)

Misc. Private Legals

United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2.8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)


United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT AND A CONDITIONAL RE-CHARGE RIGHT, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: William B. Tour-tillott, Esq., Brian M. Nazarenus, Esq.,Sheela S. Stack, Esq., Susan M. Ryan,Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, Colorado 80203, (Attorneys forECCV); Tod J. Smith, Esq, THE LAW OF-FICE OF TOD J. SMITH, LLC 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorney for United); 2. Descrip-tion of Conditional Water Right. 2.1.Name of Structure. 2.1.1. 70 RanchReservoir. The 70 Ranch Reservoir is loc-ated in the S1/2 of Section 3, Township 4North, Range 63 West of the 6th P.M. anda portion of the NE1/4 of Section 10,Township 4 North, Range 63 West of the6th P.M. in Weld County, Colorado. Amap showing the location of 70 RanchReservoir is attached as Exhibit 1. Unitedwill construct 70 Ranch Reservoir as partof satisfying its contractual obligations toECCV for the Water Supply Project. 2.2.Name of Diversion Facility. 2.2.1. Diver-sion Structure. Located in the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado. 2.3. Source. South Platte River.2.4. Amount Claimed. 3,000 acre-feet,conditional, with one refill in the amount of3,000 acre-feet per year conditional. 2.5.Date of Appropriation. October 22, 2013.2.6. How Appropriation was Initiated. Theappropriation date is based upon the dateof the posting of the Notice of Appropri-ation which was October 22, 2013. Acopy of this notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibility of constructing 70Ranch Reservoir, and have identified thelocation of 70 Ranch Reservoir as de-scribed above in paragraph 2.1.1., andhave identified the location of the diver-sion structure as described in paragraph2.2.1. 2.7. Date Water First Applied to Be-neficial Use. Not applicable. 2.8.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 2.8.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV Aug-mentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.3.Directly or as a source of substitute sup-ply for the 70 Ranch Augmentation Planpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442, and the pending application inCase No. 10CW306. ECCV and Unitedwill follow the procedures in paragraph25.6.1 of the decree in Case Nos.02CW404 and 03CW442 and the provi-sions described in pending Case No.10CW306, to add the conditional waterright as an additional source of replace-ment supply. 2.8.4. For delivery to re-charge on the 70 Ranch pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442 and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement supply. 2.8.5.As a source of substitute supply for thesubstitution and exchange sought in theapplication, as it may be amended, inCase No. 11CW285. 2.8.6. For all muni-cipal, industrial, and irrigation uses, includ-ing but not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, drought protection, to meet fu-ture demands, exchange, augmentationand replacement, recharge, substitutesupply, adjustment and regulation of wa-ter supply, including further exchange withother water systems and with other waterusers, and for all other beneficial useswithin the service area of ECCV located inArapahoe County, as it now exists or mayexist in the future, and/or the service areaof others with whom ECCV may contractto provide water, water delivery, and wa-ter delivery infrastructure, including but notlimited to the Arapahoe County Water andWastewater Authority. 2.8.7. ECCV asksthe Court to decree that it has the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above. 2.10.1.70 Ranch Reservoir is owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3. Description of Condi-tional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. 3.2. Name ofDiversion Facility. 3.2.1. Haren Pipeline.The Haren Pipeline diverts water from theSouth Platte River in the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado. A map showing thelocation of the Haren Recharge Pond andboth diversion points for the HarenPipeline is attached as Exhibit 3. In the al-ternative, the Haren Pipeline will divertwater from the South Platte River in theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.3.Source. South Platte River. 3.4. AmountClaimed: 50 cfs, conditional. 3.5. Date ofAppropriation. November 26, 2013. 3.6.How Appropriation was Initiated. The ap-propriation date is based upon the dateECCV’s Board of Directors passed a Res-olution approving this appropriation. EC-CV and United have conducted engineer-ing studies to determine the feasibility ofconstructing Haren Pipeline and they havethe legal ability to recharge water in theHaren Recharge Pond. 3.7. Date WaterFirst Applied to Beneficial Use. Not ap-plicable. 3.8. Uses. Applicants seek adecree granting the right to use the above-described conditional water right for theuses described in paragraph 2.8. 3.9.Name and Addresses of the Owner of theStructure and the Diversion Facility ListedAbove. 3.9.1. The Haren Recharge Pondis owned by the Central Colorado WaterConservancy District, 3209 West 28thStreet, Greeley, CO 80634 and UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 3.9.2. The HarenPipeline is owned by United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 3.9.3. The Haren Pipeline Pointof Diversion located at the SE1/4 of theNE1/4 of Section 18, Township 4 North,Range 66 West of the 6th P.M. in WeldCounty, Colorado, is owned by EatonCattle Co., c/o Dorothy Thomas Phelps,21421 Highway 60, Platteville, CO 80651.3.9.4. The Haren Pipeline Point of Diver-sion located at the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado, is owned by RML Properties In-vestors, c/o Robert Lembke, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. WHEREFORE, ECCVand United request that the Court enter adecree granting the conditional waterrights, and for such other relief it deemsproper. (7 pages; 4 exhibit pages)




Public Notice




IN WATER DIV. 1


13CW3163 Earl M. Baldwin and JoyceE. Baldwin, 300 Ponderosa Lane, Eliza-beth, CO 80107 DISTRICT COURT, WA-TER DIVISION NO. 1, COLORADO, 9019th Avenue, Room 418, P.O. Box 2038,Greeley, CO 80631. IN THE MATTEROF THE APPLICATION FOR NONTRIBU-TARY GROUNDWATER RIGHTS IN THELOWER DAWSON, DENVER, AR-APAHOE AND LARAMIE-FOX HILLSAQUIFERS, IN ELBERT COUNTY, COL-ORADO. Water Division No. 1. Attor-neys for Applicants Earl M. Baldwin andJoyce E. Baldwin: Karl F. Kumli, III.#11784; Gabriella Stockmayer, #43770,Dietze & Davis, P.C., 2060 Broadway,Suite 400, Boulder, CO 80302, Tele-phone: (303) 447-1375. APPLICATIONFOR GROUNDWATER RIGHTS FROMNONTRIBUTARY SOURCES IN THEDENVER BASIN AQUIFERS UNDERLY-ING APPLICANTS’ PROPERTY. Intro-duction Applicants Earl M. Baldwin andJoyce E. Baldwin are the owner of landslocated in Elbert County (“Subject Prop-erty”). Applicant seeks a decree for thenontributary ground water rights underly-ing the Subject Property located within theDenver Basin pursuant to C.R.S. § 37-92-302(2). The Subject Property is locatedoutside any designated basin. Applica-tion 1. Name and Address of Applicant:Earl M. Baldwin and Joyce E. Baldwin,300 Ponderosa Lane, Elizabeth, Color-ado 80107. 2. Subject Property: 80 acresgenerally located in the East Half of theNorthwest Quarter of Section 34, Town-ship 7 South, Range 65 West, 6th P.M., inElbert County, Colorado, as more fully de-scribed and shown on Attachment Ahereto (“Subject Property”). 3. Source ofWater Rights: The source of the ground-water in the Lower Dawson, Denver, Ar-apahoe, and Laramie-Fox Hills aquifers isnontributary as described in C.R.S. § 37-90-103(10.5). 4. Appropriation: i. Date ofAppropriation: Not applicable, but for in-formational purposes, December 31,2013; ii. How appropriation was initiated:Not applicable, but for informational pur-poses, by filing this application; and, iii.Date water applied to beneficial use: Notapplicable, but for informational purposes,application will be made for well permits,as required. 5. Estimated AmountClaimed: Pursuant to C.R.S. § 37-90-137(4), Applicant is entitled to the follow-ing amounts of nontributary water from thefollowing aquifers of the Denver Basin un-derlying Applicant’s property:

Aquifer Sat. Thick. (Feet) Specific Yield Annual Approp. (Acre-feet/year)

Lower Dawson 67.0 .20 10.7

Denver 190.6 .17 25.9

Arapahoe 242.0 .17 32.9

Laramie-Fox Hills 199.3 .15 23.9

Total 93.4 Acre- feet/year

6. Proposed Use: All uses, including do-mestic, commercial, industrial, irrigation,construction, stock watering, dust sup-pression, recreation, fire protection, fishand wildlife, aesthetic, mining and aug-mentation purposes, including storage onthe Subject Property. 7. Wells: There areno existing wells, no unexpired permittedbut unconstructed wells, or unpermittedwells which are located on the SubjectProperty into the aquifers which are thesubject of this application. Application willbe made for well permits prior to construc-tion of the wells. 8. Applicant’s Certifica-tion: Applicant Earl M. Baldwin certifiesthat he and Joyce E. Baldwin own theSubject Property free and clear of all liensand encumbrances and that no other per-son or entity has a financial interest in theSubject Property. 9. Jurisdiction: TheWater Court has jurisdiction over the sub-ject matter of this application pursuant toC.R.S. § § 37-92-302(2) and 37-90-137(6), C.R.S. Prayer for Relief WHERE-FORE Applicant prays that this Courtenter a Decree Granting this Applicationand such other relief as the Court deemsjust and proper in the premises.


Aquifer Sat. Thick. (Feet) Specific Yield Annual Approp. (Acre-feet/year)

Lower Dawson 67.0 .20 10.7

Denver 190.6 .17 25.9

Arapahoe 242.0 .17 32.9

Laramie-Fox Hills 199.3 .15 23.9

Total 93.4 Acre- feet/year

6. Proposed Use: All uses, including do-mestic, commercial, industrial, irrigation,construction, stock watering, dust sup-pression, recreation, fire protection, fishand wildlife, aesthetic, mining and aug-mentation purposes, including storage onthe Subject Property. 7. Wells: There areno existing wells, no unexpired permittedbut unconstructed wells, or unpermittedwells which are located on the SubjectProperty into the aquifers which are thesubject of this application. Application willbe made for well permits prior to construc-tion of the wells. 8. Applicant’s Certifica-tion: Applicant Earl M. Baldwin certifiesthat he and Joyce E. Baldwin own theSubject Property free and clear of all liensand encumbrances and that no other per-son or entity has a financial interest in theSubject Property. 9. Jurisdiction: TheWater Court has jurisdiction over the sub-ject matter of this application pursuant toC.R.S. § § 37-92-302(2) and 37-90-137(6), C.R.S. Prayer for Relief WHERE-FORE Applicant prays that this Courtenter a Decree Granting this Applicationand such other relief as the Court deemsjust and proper in the premises.




Public Notice

DISTRICT COURT,WATER DIVISION 1,

COLORADODECEMBER 2013

WATER RESUME PUBLICATIONTO: ALL PERSONS INTERESTED

IN WATER APPLICATIONS INWATER DIV. 1


13CW3165 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; East CherryCreek Valley Water and Sanitation Dis-trict, acting directly and by and through theEast Cherry Creek Valley Water and San-itation District Water Activity Enterprise,Inc. (“ECCV”), c/o David Kaunisto, DistrictManager, 6201 South Gun Club Road,Aurora, Colorado 80016, (303) 693-3800;United Water and Sanitation District, act-ing directly and by and through the UnitedWater and Sanitation District ACWWA En-terprise (“United”), c/o Robert Lembke,8301 East Prentice Avenue #100, Green-wood Village, Colorado 80111, (303) 785-3585. The above listed parties will be col-lectively referred to as the “Applicants.”APPLICATION FOR UNDERGROUNDWATER RIGHTS IN AD AMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); William B. Tourtillott,Esq., Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado,80203, (Attorneys for ECCV); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United); 2. Introduction. In Case Nos.02CW403, 02CW404, and 03CW442, theCourt decreed a plan for augmentation forthe ACWWA/ECCV Well Field located inthe Beebe Draw. Pending Case No.10CW306 involves claims to add ACWWAas an end user of the decreed plan foraugmentation and the ACWWA/ECCVWell Field. The purpose of this applica-tion is to claim underground water rightsfor the wells in the ACWWA/ECCV WellField. A general location map of the wellsin the ACWWA/ECCV Well Field is at-tached as Exhibit 1. 3. Description of theUnderground Water Rights for the WellsDecreed in Case No. 02CW403. 3.1.Legal descriptions of the wells. 3.1.1.Well P-6 (Permit No. 64478-F) located inthe SE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.2.Well E-7A (Permit No. 64477-F) located inthe SW1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.3.Well P-8 (Permit No. 64476-F) located inthe NW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.4.Well P-11 (Permit No. 64475-F) located inthe SW1/4 of the SW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.5.Well P-12 (Permit No. 64473-F) located inthe SW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.6.Well P-13 (Permit No. 64474-F) located inthe SE1/4 of the NE1/4 of Section 11,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.2.Source. Alluvial ground water tributary tothe South Platte River. 3.3. Date of initialappropriation. May 31, 2013. 3.4. Howappropriation was initiated. By pumpingwater from the wells described in para-graphs 3.1.1 through 3.1.6 for beneficialuse in ECCV’s service area. 3.5. Depth.75 feet. 3.6. Amount claimed. 2,000 gpmfor each well. 3.7. Proposed uses. Allmunicipal, industrial, and irrigation uses,including but not limited to domestic, irrig-ation, mechanical, manufacturing, com-mercial, industrial, exchange, augmenta-tion and replacement, recharge, substi-tute supply, adjustment and regulation ofwater supply, including further exchangewith other water systems and with otherwater users, and for all other beneficialuses within the service areas of ACWWAlocated in Arapahoe and DouglasCounties and ECCV located in ArapahoeCounty, as those service areas now existor may exist in the future, and/or the ser-vice area of others with whom ACWWAand/or ECCV may contract to provide wa-ter, water delivery, and water delivery in-frastructure. ACWWA and ECCV ask theCourt to decree that they have the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water divertedpursuant to the decree entered in thiscase. 4. Description of the UndergroundWater Rights for the Wells Decreed inCase Nos. 02CW404 and 03CW442. 4.1.Legal descriptions of the wells. 4.1.1.Well P-2 (Permit No. 75063) located in theNE1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 4.1.2.Well P-3 (Well Permit No. 75064) locatedin the SE1/4 of the NE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.3.Well P-4 (Well Permit No. 75065) locatedin the NW1/4 of the SE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.4.Well P-5 (Well Permit No. 75066) locatedin the NE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.5.Well P-15 (Well Permit No. 75067) loc-ated in the SW1/4 of the NE1/4 of Section1, Township 1 South, Range 66 West ofthe 6th P.M., Adams County, Colorado.4.1.6. Well P-18 (Well Permit No. 75068)located in the NE1/4 of the NE1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.4.2. Source. Alluvial ground water tribu-tary to the South Platte River. 4.3. Date ofinitial appropriation. May 31, 2013. 4.4.How appropriation was initiated. Bypumping water from the wells described inparagraphs 4.1.1 through 4.1.6 for benefi-cial use in ACWWA and ECCV’s serviceareas. 4.5. Depth. 75 feet. 4.6. Amountclaimed. 2,000 gpm for each well. 4.7.Proposed uses. All municipal, industrial,and irrigation uses, including but not lim-ited to domestic, irrigation, mechanical,manufacturing, commercial, industrial, ex-change, augmentation and replacement,recharge, substitute supply, adjustmentand regulation of water supply, includingfurther exchange with other water sys-tems and with other water users, and forall other beneficial uses within the serviceareas of ACWWA located in Arapahoeand Douglas Counties and ECCV locatedin Arapahoe County, as those serviceareas now exist or may exist in the future,and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 5. De-scription of the Underground Water Rightsfor the Wells Claimed in Case No.10CW306. 5.1. Legal descriptions of thewells. 5.1.1. Well No. E-1 located in theSW1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 5.1.2.Well No. P-14 located in the NE1/4 of theSE1/4 of Section 11, Township 1 South,Range 66 West of the 6th P.M., AdamsCounty, Colorado. 5.1.3. Well No. P-19located in the NE1/4 of the SW1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.5.1.4. Well No. P-20 located in the NW1/4of the SE1/4 of Section 1, Township 1South, Range 66 West of the 6th P.M.,Adams County, Colorado. 5.1.5. Well No.P-21 located in the SW1/4 of the SE1/4 ofSection 1, Township 1 South, Range 66West of the 6th P.M., Adams County, Col-orado. A copy of the Well Permit Applica-tions as filed with the State Engineer’s of-fice on December 30, 2013, are attachedas Exhibit 2. 5.2. Source. Alluvial groundwater tributary to the South Platte River.5.3. Date of initial appropriation. May 31,2013. 5.4. How appropriation was initi-ated. By resolution of the Board of Direct-ors of ACWWA and ECCV; by ground wa-ter modeling and a hydrogeologic analys-is for the wells described in paragraphs5.1.1 through 5.1.5; and by filing thesecond amended application in Case No.10CW306. 5.5. Depth. 75 feet. 5.6.Amount claimed. 2,000 gpm for eachwell. 5.7. Proposed uses. All municipal,industrial, and irrigation uses, includingbut not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, exchange, augmentation andreplacement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice areas of ACWWA located in Ar-apahoe and Douglas Counties and ECCVlocated in Arapahoe County, as those ser-vice areas now exist or may exist in the fu-ture, and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 6.Name and Address of Owner of Land onwhich the Wells are Located. 6.1. UnitedWater and Sanitation District CAW Equit-ies, LLC, c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.WHEREFORE, ACWWA, ECCV, andUnited request that the Court enter a de-cree granting the conditional water rights,and for such other relief it deems proper.(9 pages, 11 exhibit pages)


East CherryCreek Valley Water and Sanitation Dis-trict, acting directly and by and through theEast Cherry Creek Valley Water and San-itation District Water Activity Enterprise,Inc. (“ECCV”), c/o David Kaunisto, DistrictManager, 6201 South Gun Club Road,Aurora, Colorado 80016, (303) 693-3800;United Water and Sanitation District, act-ing directly and by and through the UnitedWater and Sanitation District ACWWA En-terprise (“United”), c/o Robert Lembke,8301 East Prentice Avenue #100, Green-wood Village, Colorado 80111, (303) 785-3585. The above listed parties will be col-lectively referred to as the “Applicants.”APPLICATION FOR UNDERGROUNDWATER RIGHTS IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); William B. Tourtillott,Esq., Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado,80203, (Attorneys for ECCV); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United); 2. Introduction. In Case Nos.02CW403, 02CW404, and 03CW442, theCourt decreed a plan for augmentation forthe ACWWA/ECCV Well Field located inthe Beebe Draw. Pending Case No.10CW306 involves claims to add ACWWAas an end user of the decreed plan foraugmentation and the ACWWA/ECCVWell Field. The purpose of this applica-tion is to claim underground water rightsfor the wells in the ACWWA/ECCV WellField. A general location map of the wellsin the ACWWA/ECCV Well Field is at-tached as Exhibit 1. 3. Description of theUnderground Water Rights for the WellsDecreed in Case No. 02CW403. 3.1.Legal descriptions of the wells. 3.1.1.Well P-6 (Permit No. 64478-F) located inthe SE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.2.Well E-7A (Permit No. 64477-F) located inthe SW1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.3.Well P-8 (Permit No. 64476-F) located inthe NW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.4.Well P-11 (Permit No. 64475-F) located inthe SW1/4 of the SW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.5.Well P-12 (Permit No. 64473-F) located inthe SW1/4 of the NW1/4 of Section 12,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.1.6.Well P-13 (Permit No. 64474-F) located inthe SE1/4 of the NE1/4 of Section 11,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 3.2.Source. Alluvial ground water tributary tothe South Platte River. 3.3. Date of initialappropriation. May 31, 2013. 3.4. Howappropriation was initiated. By pumpingwater from the wells described in para-graphs 3.1.1 through 3.1.6 for beneficialuse in ECCV’s service area. 3.5. Depth.75 feet. 3.6. Amount claimed. 2,000 gpmfor each well. 3.7. Proposed uses. Allmunicipal, industrial, and irrigation uses,including but not limited to domestic, irrig-ation, mechanical, manufacturing, com-mercial, industrial, exchange, augmenta-tion and replacement, recharge, substi-tute supply, adjustment and regulation ofwater supply, including further exchangewith other water systems and with otherwater users, and for all other beneficialuses within the service areas of ACWWAlocated in Arapahoe and DouglasCounties and ECCV located in ArapahoeCounty, as those service areas now existor may exist in the future, and/or the ser-vice area of others with whom ACWWAand/or ECCV may contract to provide wa-ter, water delivery, and water delivery in-frastructure. ACWWA and ECCV ask theCourt to decree that they have the right touse, reuse, successively use and disposeof by sale, exchange, augmentation, orotherwise, to extinction all water divertedpursuant to the decree entered in thiscase. 4. Description of the UndergroundWater Rights for the Wells Decreed inCase Nos. 02CW404 and 03CW442. 4.1.Legal descriptions of the wells. 4.1.1.Well P-2 (Permit No. 75063) located in theNE1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 4.1.2.Well P-3 (Well Permit No. 75064) locatedin the SE1/4 of the NE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.3.Well P-4 (Well Permit No. 75065) locatedin the NW1/4 of the SE1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.4.Well P-5 (Well Permit No. 75066) locatedin the NE1/4 of the SW1/4 of Section 1,Township 1 South, Range 66 West of the6th P.M., Adams County, Colorado. 4.1.5.Well P-15 (Well Permit No. 75067) loc-ated in the SW1/4 of the NE1/4 of Section1, Township 1 South, Range 66 West ofthe 6th P.M., Adams County, Colorado.4.1.6. Well P-18 (Well Permit No. 75068)located in the NE1/4 of the NE1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.4.2. Source. Alluvial ground water tribu-tary to the South Platte River. 4.3. Date ofinitial appropriation. May 31, 2013. 4.4.How appropriation was initiated. Bypumping water from the wells described inparagraphs 4.1.1 through 4.1.6 for benefi-cial use in ACWWA and ECCV’s serviceareas. 4.5. Depth. 75 feet. 4.6. Amountclaimed. 2,000 gpm for each well. 4.7.Proposed uses. All municipal, industrial,and irrigation uses, including but not lim-ited to domestic, irrigation, mechanical,manufacturing, commercial, industrial, ex-change, augmentation and replacement,recharge, substitute supply, adjustmentand regulation of water supply, includingfurther exchange with other water sys-tems and with other water users, and forall other beneficial uses within the serviceareas of ACWWA located in Arapahoeand Douglas Counties and ECCV locatedin Arapahoe County, as those serviceareas now exist or may exist in the future,and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 5. De-scription of the Underground Water Rightsfor the Wells Claimed in Case No.10CW306. 5.1. Legal descriptions of thewells. 5.1.1. Well No. E-1 located in theSW1/4 of the NE1/4 of Section 1, Town-ship 1 South, Range 66 West of the 6thP.M., Adams County, Colorado. 5.1.2.Well No. P-14 located in the NE1/4 of theSE1/4 of Section 11, Township 1 South,Range 66 West of the 6th P.M., AdamsCounty, Colorado. 5.1.3. Well No. P-19located in the NE1/4 of the SW1/4 of Sec-tion 1, Township 1 South, Range 66 Westof the 6th P.M., Adams County, Colorado.5.1.4. Well No. P-20 located in the NW1/4of the SE1/4 of Section 1, Township 1South, Range 66 West of the 6th P.M.,Adams County, Colorado. 5.1.5. Well No.P-21 located in the SW1/4 of the SE1/4 ofSection 1, Township 1 South, Range 66West of the 6th P.M., Adams County, Col-orado. A copy of the Well Permit Applica-tions as filed with the State Engineer’s of-fice on December 30, 2013, are attachedas Exhibit 2. 5.2. Source. Alluvial groundwater tributary to the South Platte River.5.3. Date of initial appropriation. May 31,2013. 5.4. How appropriation was initi-ated. By resolution of the Board of Direct-ors of ACWWA and ECCV; by ground wa-ter modeling and a hydrogeologic analys-is for the wells described in paragraphs5.1.1 through 5.1.5; and by filing thesecond amended application in Case No.10CW306. 5.5. Depth. 75 feet. 5.6.Amount claimed. 2,000 gpm for eachwell. 5.7. Proposed uses. All municipal,industrial, and irrigation uses, includingbut not limited to domestic, irrigation,mechanical, manufacturing, commercial,industrial, exchange, augmentation andreplacement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice areas of ACWWA located in Ar-apahoe and Douglas Counties and ECCVlocated in Arapahoe County, as those ser-vice areas now exist or may exist in the fu-ture, and/or the service area of others withwhom ACWWA and/or ECCV may con-tract to provide water, water delivery, andwater delivery infrastructure. ACWWAand ECCV ask the Court to decree thatthey have the right to use, reuse, success-ively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water diverted pursuant tothe decree entered in this case. 6.Name and Address of Owner of Land onwhich the Wells are Located. 6.1. UnitedWater and Sanitation District CAW Equit-ies, LLC, c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.WHEREFORE, ACWWA, ECCV, andUnited request that the Court enter a de-cree granting the conditional water rights,and for such other relief it deems proper.(9 pages, 11 exhibit pages)








Public Notice


DECEMBER 2013

WATER RESUME PUBLICATIONTO: ALL PERSONS INTERESTED

IN WATER APPLICATIONSIN WATER DIV. 1


13CW3171 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT AND A CONDITIONAL RE-CHARGE RIGHT IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); Tod J. Smith, Esq.,THE LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forUnited); 2. Description of Conditional Wa-ter Right. 2.1. Name of Structure. 2.1.1.70 Ranch Reservoir. The 70 RanchReservoir is located in the S1/2 of Section3, Township 4 North, Range 63 West ofthe 6th P.M. and a portion of the NE1/4 ofSection 10, Township 4 North, Range 63West of the 6th P.M. in Weld County, Col-orado. A map showing the location of 70Ranch Reservoir is attached as Exhibit 1.United will construct 70 Ranch Reservoiras part of satisfying its contractual obliga-tions to ACWWA for the Water SupplyProject. 2.2. Name of Diversion Facility.2.2.1. Diversion Structure. Located in theSE1/4 of Section 34, Township 5 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado. 2.3. Source. SouthPlatte River. 2.4 . Amount Claimed. 3,000acre-feet, conditional, with one refill in theamount of 3,000 acre-feet per year condi-tional. 2.5 . Date of Appropriation. Octo-ber 22, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedupon the date of the posting of the Noticeof Appropriation, which was October 22,2013. A copy of this notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing 70 Ranch Reservoir, and haveidentified the location of 70 Ranch Reser-voir as described above in paragraph2.1.1., and have identified the location ofthe diversion structure as described inparagraph 2.2.1. 2.7. Date Water FirstApplied to Beneficial Use. Not applicable.2.8. Uses. Applicants seek a decree grant-ing the right to use the above-describedconditional water right as follows: 2.8.1.Directly or as a source of replacementsupply pursuant to the plan for augmenta-tion claimed in Case No. 10CW306 for de-livery to ACWWA’s service area from theACWWA/ECCV Well Field located in theBeebe Draw. ACWWA will follow the pro-visions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to therecharge project claimed in Case No.10CW306. ACWWA will follow the provi-sions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment water. 2.8.3. As a source of substi-tute supply for the substitution and ex-change sought in the application, as itmay be amended, in Case No. 09CW283.2.8.4. Directly or as a source of replace-ment supply for the 70 Ranch augmenta-tion plan pursuant to the plan for augment-ation claimed in Case No. 10CW306 fordelivery to ACWWA’s service area.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement supply.2.8.5. Delivery to recharge on the 70Ranch as claimed in Case No. 10CW306.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement water. 2.8.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District.. 2.8.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 2.9. Total Capacity. The 70 RanchReservoir has a planned total capacity of6,000 acre-feet. 2.10 . Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above. 2.10.1. 70 Ranch Reservoir isowned by United Water and SanitationDistrict, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111. 3Description of Conditional RechargeRight. 3.1. Name of Structure. 3.1.1. .Haren Recharge Pond. The Haren Re-charge Pond is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.2. Name of Diversion Facility.3.2.1. Haren Pipeline. The Haren Pipelinediverts water from the South Platte Riverin the SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado. Amap showing the location of the HarenRecharge Pond and both diversion pointsfor the Haren Pipeline is attached as Ex-hibit 3. In the alternative, the HarenPipeline will divert water from the SouthPlatte River in the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.3. Source. South Platte River.3.4. Amount Claimed. 50 cfs, conditional.3.5. Date of Appropriation. November 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the date ACWWA’s Board of Direct-ors passed a Resolution approving thisappropriation. ACWWA and United haveconducted engineering studies to determ-ine the feasibility of constructing HarenPipeline and they have the legal ability torecharge water in the Haren RechargePond. 3.7 . Date Water First Applied toBeneficial Use. Not applicable. 3.8. Uses.Applicants seek a decree granting theright to use the above-described condi-tional water right for the uses described inparagraph 2.8. 3.9. . Name and Ad-dresses of the Owner of the Structure andthe Diversion Facility Listed Above. 3.9.1.The Haren Recharge Pond is owned bythe Central Colorado Water ConservancyDistrict, 3209 West 28th Street, Greeley,CO 80634 and United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, CO 80111.3.9.2. The Haren Pipeline is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 3.9.3. The Har-en Pipeline Point of Diversion located atthe SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado, isowned by Eaton Cattle Co., c/o DorothyThomas Phelps, 21421 Highway 60, Plat-teville, CO 80651. 3.9.4. The HarenPipeline Point of Diversion located at theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado, is ownedby RML Properties Investors, c/o RobertLembke, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water rights, and forsuch other relief it deems proper. (7pages, 4 exhibit pages).


13


United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT AND A CONDITIONAL RE-CHARGE RIGHT IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); Tod J. Smith, Esq.,THE LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forUnited); 2. Description of Conditional Wa-ter Right. 2.1. Name of Structure. 2.1.1.70 Ranch Reservoir. The 70 RanchReservoir is located in the S1/2 of Section3, Township 4 North, Range 63 West ofthe 6th P.M. and a portion of the NE1/4 ofSection 10, Township 4 North, Range 63West of the 6th P.M. in Weld County, Col-orado. A map showing the location of 70Ranch Reservoir is attached as Exhibit 1.United will construct 70 Ranch Reservoiras part of satisfying its contractual obliga-tions to ACWWA for the Water SupplyProject. 2.2. Name of Diversion Facility.2.2.1. Diversion Structure. Located in theSE1/4 of Section 34, Township 5 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado. 2.3. Source. SouthPlatte River. 2.4 . Amount Claimed. 3,000acre-feet, conditional, with one refill in theamount of 3,000 acre-feet per year condi-tional. 2.5 . Date of Appropriation. Octo-ber 22, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedupon the date of the posting of the Noticeof Appropriation, which was October 22,2013. A copy of this notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing 70 Ranch Reservoir, and haveidentified the location of 70 Ranch Reser-voir as described above in paragraph2.1.1., and have identified the location ofthe diversion structure as described inparagraph 2.2.1. 2.7. Date Water FirstApplied to Beneficial Use. Not applicable.2.8. Uses. Applicants seek a decree grant-ing the right to use the above-describedconditional water right as follows: 2.8.1.Directly or as a source of replacementsupply pursuant to the plan for augmenta-tion claimed in Case No. 10CW306 for de-livery to ACWWA’s service area from theACWWA/ECCV Well Field located in theBeebe Draw. ACWWA will follow the pro-visions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 2.8.2. For delivery to re-charge in the Beebe Draw pursuant to therecharge project claimed in Case No.10CW306. ACWWA will follow the provi-sions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment water. 2.8.3. As a source of substi-tute supply for the substitution and ex-change sought in the application, as itmay be amended, in Case No. 09CW283.2.8.4. Directly or as a source of replace-ment supply for the 70 Ranch augmenta-tion plan pursuant to the plan for augment-ation claimed in Case No. 10CW306 fordelivery to ACWWA’s service area.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement supply.2.8.5. Delivery to recharge on the 70Ranch as claimed in Case No. 10CW306.ACWWA will follow the provisions de-scribed in pending Case No. 10CW306 toadd this conditional water right as an addi-tional source of replacement water. 2.8.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District.. 2.8.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 2.9. Total Capacity. The 70 RanchReservoir has a planned total capacity of6,000 acre-feet. 2.10 . Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above. 2.10.1. 70 Ranch Reservoir isowned by United Water and SanitationDistrict, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111. 3Description of Conditional RechargeRight. 3.1. Name of Structure. 3.1.1. .Haren Recharge Pond. The Haren Re-charge Pond is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.2. Name of Diversion Facility.3.2.1. Haren Pipeline. The Haren Pipelinediverts water from the South Platte Riverin the SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado. Amap showing the location of the HarenRecharge Pond and both diversion pointsfor the Haren Pipeline is attached as Ex-hibit 3. In the alternative, the HarenPipeline will divert water from the SouthPlatte River in the SE1/4 of the NE1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. 3.3. Source. South Platte River.3.4. Amount Claimed. 50 cfs, conditional.3.5. Date of Appropriation. November 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the date ACWWA’s Board of Direct-ors passed a Resolution approving thisappropriation. ACWWA and United haveconducted engineering studies to determ-ine the feasibility of constructing HarenPipeline and they have the legal ability torecharge water in the Haren RechargePond. 3.7 . Date Water First Applied toBeneficial Use. Not applicable. 3.8. Uses.Applicants seek a decree granting theright to use the above-described condi-tional water right for the uses described inparagraph 2.8. 3.9. . Name and Ad-dresses of the Owner of the Structure andthe Diversion Facility Listed Above. 3.9.1.The Haren Recharge Pond is owned bythe Central Colorado Water ConservancyDistrict, 3209 West 28th Street, Greeley,CO 80634 and United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, CO 80111.3.9.2. The Haren Pipeline is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 3.9.3. The Har-en Pipeline Point of Diversion located atthe SE1/4 of the NE1/4 of Section 18,Township 4 North, Range 66 West of the6th P.M. in Weld County, Colorado, isowned by Eaton Cattle Co., c/o DorothyThomas Phelps, 21421 Highway 60, Plat-teville, CO 80651. 3.9.4. The HarenPipeline Point of Diversion located at theSE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado, is ownedby RML Properties Investors, c/o RobertLembke, 8301 East Prentice Ave., Suite100, Greenwood Village, CO 80111.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water rights, and forsuch other relief it deems proper. (7pages, 4 exhibit pages).




Public Notice


DECEMBER 2013 WATERRESUME PUBLICATION


IN WATER DIV. 1


13CW3174 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Milton Lake (also known as Milton Reser-voir). Milton Lake is an off-channel reser-voir located in Sections 10, 11, 14, 15, 22,and 23, Township 3 North, Range 65West of the 6th P.M., Weld County, Color-ado. A map showing the location of MiltonLake is attached as Exhibit 1. 2.1.1. Loc-ation of Dam. At a point near the east lineof the SW1/4 of Section 11, Township 3North, Range 65 West of the 6th P.M.,Weld County, Colorado. 2.1.2. SurfaceArea. 1,623 acres at high water line.2.1.3. Storage Height. 36 feet. 2.1.4. Ca-pacity. 21,695 acre-feet, excluding deadstorage which is less than 100 acre-feet.2.2. Storage Space in Milton Lake. Unitedowns 38.175 shares in the Milton Lake Di-vision of the Farmers Reservoir and Irriga-tion Company (“FRICO”) for use in theWater Supply Project, as decreed in CaseNos. 02CW403, 02CW404, 03CW442,and pending Case No. 10CW306. Owner-ship of the shares entitles United to a prorata portion of the associated storagespace in Milton Lake, which equals ap-proximately 740 acre-feet. East CherryCreek Valley Water and Sanitation Dis-trict has the first priority to use the stor-age space in Milton Lake and ACWWAhas the second priority to use the storagespace. 3. Name of the Diversion FacilitiesUsed to Fill Milton Lake. 3.1.United Diver-sion Facility No. 3. The headgate is on theeast bank of the South Platte River in theSW1/4 of Section 26, Township 1 South,Range 67 West of the 6th P.M., AdamsCounty, Colorado. 3.2. Burlington Ditch(also known as Burlington/O’Brian Canal).The headgate is on the east bank of theSouth Platte River in the NE1/4 of theSW1/4, Section 14, Township 3 South,Range 68 West of the 6th P.M., City andCounty of Denver, Colorado. The City ofThornton has an agreement with Burling-ton/FRICO for use of the first 200 cfs ofexcess capacity in the Burlington Ditch.ACWWA’s use of the Ditch will be limitedby Thornton’s prior right. 3.3. Platte Val-ley Canal (also known as the Evans No. 2Ditch). The headgate is on the east bankof the South Platte River in Section 19,Township 2 North, Range 66 West of the6th P.M., Weld County, Colorado. ThePlatte Valley Irrigation Company has acarriage easement for 177 cfs. in thePlatte Valley Canal. ACWWA shall obtainany necessary agreements with the PlatteValley Irrigation Company prior to usingthe jointly operated portion of the PlatteValley Canal for any excess capacity. Themaximum rate of delivery is 350 cfs. 3.4Beebe Seep Canal. The entire length ofthe canal extends from Barr Lake locatedin Section 23, Township 1 South, Range66 West of the 6th P.M., Adams County,Colorado, to Milton Lake, as described inparagraph 2.1. 4. Appropriation Informa-tion. 4.1. Date of Appropriation. Decem-ber 11, 2013. 4.2. How AppropriationWas Initiated. The appropriation date isbased upon the date ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation which was December11, 2013. ACWWA intends to use theconditional water right claimed in this ap-plication as part of the Water SupplyProject in Case No. 10CW306. 4.3. DateWater First Applied to Beneficial Use. Notapplicable. 5. Source of the Water. SouthPlatte River; Beebe Inflow into Milton Lakefrom the Beebe Draw. “Beebe Inflow”means all groundwater seepage and sur-face inflow into Milton Lake from theBeebe Draw. Water from the Beebe Drawcan be delivered to Milton Lake throughthe Beebe Seep Canal. The Beebe SeepCanal extends from Barr Lake to MiltonLake. 6. Amount Claimed. 5,000 acre-feet per year, conditional. 7. Uses.ACWWA seeks a decree granting the rightto use the above-described conditionalwater right as follows: 7.1. Directly or as asource of replacement supply pursuant tothe plan for augmentation claimed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ACWWA/ECCVWell Field located in the Beebe Draw.7.2. For delivery to recharge in the BeebeDraw pursuant to the recharge projectclaimed in Case No. 10CW306 to includethe conditional water right as an addition-al source of replacement water. 7.3. Forall municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.4.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Milton Lake isowned by Farmers Reservoir and Irriga-tion Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.2. UnitedDiversion Facility No. 3 is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 8.3. TheBurlington Ditch is owned by the FarmersReservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. 8.4. The Platte Valley Canal isowned by the Farmers Reservoir and Irrig-ation Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.5. TheBeebe Seep Canal is owned by the Farm-ers Reservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the conditional water stor-age right, and for such other relief itdeems proper. (6 pages; 1 exhibit page)


United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Milton Lake (also known as Milton Reser-voir). Milton Lake is an off-channel reser-voir located in Sections 10, 11, 14, 15, 22,and 23, Township 3 North, Range 65West of the 6th P.M., Weld County, Color-ado. A map showing the location of MiltonLake is attached as Exhibit 1. 2.1.1. Loc-ation of Dam. At a point near the east lineof the SW1/4 of Section 11, Township 3North, Range 65 West of the 6th P.M.,Weld County, Colorado. 2.1.2. SurfaceArea. 1,623 acres at high water line.2.1.3. Storage Height. 36 feet. 2.1.4. Ca-pacity. 21,695 acre-feet, excluding deadstorage which is less than 100 acre-feet.2.2. Storage Space in Milton Lake. Unitedowns 38.175 shares in the Milton Lake Di-vision of the Farmers Reservoir and Irriga-tion Company (“FRICO”) for use in theWater Supply Project, as decreed in CaseNos. 02CW403, 02CW404, 03CW442,and pending Case No. 10CW306. Owner-ship of the shares entitles United to a prorata portion of the associated storagespace in Milton Lake, which equals ap-proximately 740 acre-feet. East CherryCreek Valley Water and Sanitation Dis-trict has the first priority to use the stor-age space in Milton Lake and ACWWAhas the second priority to use the storagespace. 3. Name of the Diversion FacilitiesUsed to Fill Milton Lake. 3.1.United Diver-sion Facility No. 3. The headgate is on theeast bank of the South Platte River in theSW1/4 of Section 26, Township 1 South,Range 67 West of the 6th P.M., AdamsCounty, Colorado. 3.2. Burlington Ditch(also known as Burlington/O’Brian Canal).The headgate is on the east bank of theSouth Platte River in the NE1/4 of theSW1/4, Section 14, Township 3 South,Range 68 West of the 6th P.M., City andCounty of Denver, Colorado. The City ofThornton has an agreement with Burling-ton/FRICO for use of the first 200 cfs ofexcess capacity in the Burlington Ditch.ACWWA’s use of the Ditch will be limitedby Thornton’s prior right. 3.3. Platte Val-ley Canal (also known as the Evans No. 2Ditch). The headgate is on the east bankof the South Platte River in Section 19,Township 2 North, Range 66 West of the6th P.M., Weld County, Colorado. ThePlatte Valley Irrigation Company has acarriage easement for 177 cfs. in thePlatte Valley Canal. ACWWA shall obtainany necessary agreements with the PlatteValley Irrigation Company prior to usingthe jointly operated portion of the PlatteValley Canal for any excess capacity. Themaximum rate of delivery is 350 cfs. 3.4Beebe Seep Canal. The entire length ofthe canal extends from Barr Lake locatedin Section 23, Township 1 South, Range66 West of the 6th P.M., Adams County,Colorado, to Milton Lake, as described inparagraph 2.1. 4. Appropriation Informa-tion. 4.1. Date of Appropriation. Decem-ber 11, 2013. 4.2. How AppropriationWas Initiated. The appropriation date isbased upon the date ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation which was December11, 2013. ACWWA intends to use theconditional water right claimed in this ap-plication as part of the Water SupplyProject in Case No. 10CW306. 4.3. DateWater First Applied to Beneficial Use. Notapplicable. 5. Source of the Water. SouthPlatte River; Beebe Inflow into Milton Lakefrom the Beebe Draw. “Beebe Inflow”means all groundwater seepage and sur-face inflow into Milton Lake from theBeebe Draw. Water from the Beebe Drawcan be delivered to Milton Lake throughthe Beebe Seep Canal. The Beebe SeepCanal extends from Barr Lake to MiltonLake. 6. Amount Claimed. 5,000 acre-feet per year, conditional. 7. Uses.ACWWA seeks a decree granting the rightto use the above-described conditionalwater right as follows: 7.1. Directly or as asource of replacement supply pursuant tothe plan for augmentation claimed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ACWWA/ECCVWell Field located in the Beebe Draw.7.2. For delivery to recharge in the BeebeDraw pursuant to the recharge projectclaimed in Case No. 10CW306 to includethe conditional water right as an addition-al source of replacement water. 7.3. Forall municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.4.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Milton Lake isowned by Farmers Reservoir and Irriga-tion Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.2. UnitedDiversion Facility No. 3 is owned byUnited Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 8.3. TheBurlington Ditch is owned by the FarmersReservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. 8.4. The Platte Valley Canal isowned by the Farmers Reservoir and Irrig-ation Company, 80 South 27th Avenue,Brighton, Colorado 80601. 8.5. TheBeebe Seep Canal is owned by the Farm-ers Reservoir and Irrigation Company, 80South 27th Avenue, Brighton, Colorado80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the conditional water stor-age right, and for such other relief itdeems proper. (6 pages; 1 exhibit page)




Public Notice




IN WATER DIV. 1


13CW3175 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph 3below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) system.ACWWA and United have the ability touse FRICO’s delivery canals pursuant tothe conveyance contract between Unitedand the Farmers Reservoir and IrrigationCompany. United will construct High-lands Reservoir as part of satisfying itscontractual obligations to ACWWA for theWater Supply Project. 3. Name of the Di-version Facilities Used to Fill the Reser-voir. 3.1. United Diversion Facility No. 3.The headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, Township 1 South, Range 67West of the 6th P.M., Adams County, Col-orado. 3.2. Burlington Ditch (also knownas Burl ington/O’Brian Canal). Theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 cfs of excess capa-city in the Burlington Ditch. ACWWA’suse of the Ditch wil l be l imited byThornton’s prior right. 4. Appropriation In-formation. 4.1. Date of Appropriation.October 22, 2013. 4.2. How Appropri-ation Was Initiated.The appropriation dateis based upon the date of the posting ofthe Notice of Appropriation which was Oc-tober 22, 2013. This notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir and haveidentified the location of Highlands Reser-voir as described above in paragraph 2.1.,and have identified the location of the di-version structures as described in para-graphs 3.1. and 3.2. 4.3. Date WaterFirst Applied to Beneficial Use. Not applic-able. 5. Source of the Water. SouthPlatte River. 6. .Amount Claimed. 1,500acre-feet, conditional, with one refill in theamount of 1,500 acre-feet per year condi-tional. 7.Uses. Applicants seek a decreegranting the right to use the above-de-scribed conditional water right as follows:7.1. Directly or as a source of replace-ment supply pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service areafrom the ACWWA/ECCV Well Field loc-ated in the Beebe Draw. 7.2. For deliveryto recharge in the Beebe Draw pursuant tothe recharge projects claimed in Case No.10CW306 to include the conditional waterright as an additional source of replace-ment water.7.3. For all municipal, industri-al, and irrigation uses, including but notlimited to domestic, irrigation, mechanical,manufacturing, commercial, industrial,drought protection, to meet future de-mands, exchange, augmentation and re-placement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice area of ACWWA located in Ar-apahoe and Douglas Counties, as it nowexists or may exist in the future, and/or theservice area of others with whom ACWWAmay contract to provide water, water deliv-ery, and water delivery infrastructure, in-cluding but not limited to the East CherryCreek Valley Water and Sanitation Dis-trict. 7.4. ACWWA asks the Court to de-cree that it has the right to use, reuse,successively use and dispose of by sale,exchange, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. 8.Total Capacity.When completed the Reservoir will havethe total capacity of approximately 2,000acre-feet. 9. Names and Addresses forthe Owner of the Storage and DiversionFacilities Listed Above. 9.1. The High-lands Reservoir is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 9.2. United Diver-sion Facility No. 3 is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111.9.3. The BurlingtonDitch is owned by the Farmers Reservoirand Irrigation Company, 80 South 27thAvenue, Brighton, Colorado 80601.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water storage right, andfor such other relief it deems proper. (6pages, 4 exhibit pages).


United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.The above listed parties will be collect-ively referred to as the “Applicants.” AP-PLICATION FOR A CONDITIONAL WA-TER RIGHT IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph 3below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) system.ACWWA and United have the ability touse FRICO’s delivery canals pursuant tothe conveyance contract between Unitedand the Farmers Reservoir and IrrigationCompany. United will construct High-lands Reservoir as part of satisfying itscontractual obligations to ACWWA for theWater Supply Project. 3. Name of the Di-version Facilities Used to Fill the Reser-voir. 3.1. United Diversion Facility No. 3.The headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, Township 1 South, Range 67West of the 6th P.M., Adams County, Col-orado. 3.2. Burlington Ditch (also knownas Burl ington/O’Brian Canal). Theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 cfs of excess capa-city in the Burlington Ditch. ACWWA’suse of the Ditch wil l be l imited byThornton’s prior right. 4. Appropriation In-formation. 4.1. Date of Appropriation.October 22, 2013. 4.2. How Appropri-ation Was Initiated.The appropriation dateis based upon the date of the posting ofthe Notice of Appropriation which was Oc-tober 22, 2013. This notice is attached asExhibit 2. ACWWA’s Board of Directorspassed a Resolution approving this appro-priation on November 13, 2013. ACWWAand United have conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir and haveidentified the location of Highlands Reser-voir as described above in paragraph 2.1.,and have identified the location of the di-version structures as described in para-graphs 3.1. and 3.2. 4.3. Date WaterFirst Applied to Beneficial Use. Not applic-able. 5. Source of the Water. SouthPlatte River. 6. .Amount Claimed. 1,500acre-feet, conditional, with one refill in theamount of 1,500 acre-feet per year condi-tional. 7.Uses. Applicants seek a decreegranting the right to use the above-de-scribed conditional water right as follows:7.1. Directly or as a source of replace-ment supply pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service areafrom the ACWWA/ECCV Well Field loc-ated in the Beebe Draw. 7.2. For deliveryto recharge in the Beebe Draw pursuant tothe recharge projects claimed in Case No.10CW306 to include the conditional waterright as an additional source of replace-ment water.7.3. For all municipal, industri-al, and irrigation uses, including but notlimited to domestic, irrigation, mechanical,manufacturing, commercial, industrial,drought protection, to meet future de-mands, exchange, augmentation and re-placement, recharge, substitute supply,adjustment and regulation of water supply,including further exchange with other wa-ter systems and with other water users,and for all other beneficial uses within theservice area of ACWWA located in Ar-apahoe and Douglas Counties, as it nowexists or may exist in the future, and/or theservice area of others with whom ACWWAmay contract to provide water, water deliv-ery, and water delivery infrastructure, in-cluding but not limited to the East CherryCreek Valley Water and Sanitation Dis-trict. 7.4. ACWWA asks the Court to de-cree that it has the right to use, reuse,successively use and dispose of by sale,exchange, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. 8.Total Capacity.When completed the Reservoir will havethe total capacity of approximately 2,000acre-feet. 9. Names and Addresses forthe Owner of the Storage and DiversionFacilities Listed Above. 9.1. The High-lands Reservoir is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 9.2. United Diver-sion Facility No. 3 is owned by United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111.9.3. The BurlingtonDitch is owned by the Farmers Reservoirand Irrigation Company, 80 South 27thAvenue, Brighton, Colorado 80601.WHEREFORE, ACWWA and United re-quest that the Court enter a decree grant-ing the conditional water storage right, andfor such other relief it deems proper. (6pages, 4 exhibit pages).




Public Notice


DECEMBER 2013 WATER

RESUME PUBLICATIONTO: ALL PERSONS INTERESTED

IN WATER APPLICATIONSIN WATER DIV. 1


13CW3176 East Cherry Creek ValleyWater and Sanitation District (“ECCV)c/o David Kaunisto, District Manager,6201 S. Gun Club Road, Aurora, CO80016, (303) 693-3800;



13CW3176 East Cherry Creek ValleyWater and Sanitation District (“ECCV)c/o David Kaunisto, District Manager,6201 S. Gun Club Road, Aurora, CO80016, (303) 693-3800; United Water andSanitation District, acting directly and byand through the United Water and Sanita-tion District ACWWA Enterprise (“United”),c/o Robert Lembke, 8301 East PrenticeAvenue #100, Greenwood Village, Color-ado 80111, (303) 785-3585. APPLICA-TION FOR A CONDITIONAL WATERRIGHT, IN ADAMS, ARAPAHOE, DEN-VER, DOUGLAS, ELBERT, MORGANAND WELD COUNTIES. Please send allpleadings and correspondence to: Willi-am B. Tourtillott, Esq., Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln Street,Suite 3500, Denver, Colorado 80203, (At-torneys for ECCV); Tod J. Smith, Esq,THE LAW OFFICE OF TOD J. SMITH,LLC 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forUnited). 2. Name of Structure. 2.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph 3below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir from the deliverycanals in the Farmers Reservoir and Irrig-ation Company’s (“FRICO’s”) system.ECCV and United have the ability to useFRICO’s delivery canals pursuant to theAmended and Restated Water SupplyAgreement. United will construct High-lands Reservoir as part of satisfying itscontractual obligations to ECCV for theWater Supply Project. 3. Name of the Di-version Facilities Used to Fill the Reser-voir. 3.1. United Diversion Facility No. 3.The headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, Township 1 South, Range 67West of the 6th P.M., Adams County, Col-orado. 3.2. Burlington Ditch (also knownas Burl ington/O’Brian Canal). Theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 cfs of excess capa-city in the Burlington Ditch. ECCV’s useof the Ditch will be limited by Thornton’sprior right. 4. Appropriation Information.4.1. Date of Appropriation. October 22,2013. 4.2. How Appropriation Was Initi-ated. The appropriation date is basedupon the date of the posting of the Noticeof Appropriation which was October 22,2013. This notice is attached as Exhibit 2.ECCV’s Board of Directors passed a Res-olution approving this appropriation onNovember 26, 2013. ECCV and Unitedhave conducted engineering studies todetermine the feasibil ity of constructingHighlands Reservoir and have identifiedthe location of Highlands Reservoir as de-scribed above in paragraph 2.1., and haveidentified the location of the diversionstructures as described in paragraphs 3.1.and 3.2. 4.3. Date Water First Applied toBeneficial Use. Not applicable. 5.Source of the Water. South Platte River.6. Amount Claimed. 1,500 acre-feet, con-ditional, with one refill in the amount of1,500 acre-feet per year conditional. 7.Uses. Applicants seek a decree grantingthe right to use the above-described con-ditional water right as follows: 7.1. Dir-ectly or as a source of replacement sup-ply for the ACWWA/ECCV AugmentationPlan pursuant to the terms and conditionsof the decrees in Case Nos. 02CW403,02CW404, 03CW442, and the pendingapplication in Case No. 10CW306 forpumping water for delivery to ECCV’s ser-vice area from the ACWWA/ECCV WellField. ECCV and United will follow theprocedures in paragraph 19 of the decreein Case No. 02CW403, paragraphs 25and 58.5 of the decree entered in CaseNos. 02CW404 and 03CW442, and theprovisions described in pending Case No.10CW306 to add this conditional waterright as an additional source of replace-ment supply. 7.2. For delivery to re-charge in the Beebe Draw pursuant to theterms and conditions of the decree inCase Nos. 02CW404 and 03CW442, andthe pending application in Case No.10CW306. ECCV and United will followthe procedures in paragraphs 15.4 and 19of the decree in Case Nos. 02CW404 and03CW442, and the provisions described inpending Case No. 10CW306, to includethe conditional water right as an addition-al source of replacement water. 7.3. Forall municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area of ECCVlocated in Arapahoe County, as it now ex-ists or may exist in the future, and/or theservice area of others with whom ECCVmay contract to provide water, water deliv-ery, and water delivery infrastructure, in-cluding but not limited to the ArapahoeCounty Water and Wastewater Authority.7.4. ECCV asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Total Capacity. When com-pleted the Reservoir will have the total ca-pacity of approximately 2,000 acre-feet.9. Names and Addresses for the Ownerof the Storage and Diversion Facilities Lis-ted Above. 9.1. The Highlands Reservoiris owned by United Water and SanitationDistrict, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. 9.2. United Diversion Facility No.3 is owned by United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 9.3. The Burlington Ditch isowned by the Farmers Reservoir and Irrig-ation Company, 80 South 27th Avenue,Brighton, Colorado 80601. WHERE-FORE, ECCV and United request that theCourt enter a decree granting the condi-tional water storage right, and for suchother relief it deems proper. (6 pages, 3exhibit pages)







Public Notice




IN WATER DIV. 1


13CW3180 United Water and Sanita-tion District, acting by and through theUnited Water Acquisition Enterprise(“United” or the “Applicant”), c/oRobert Lembke, 8301 East PrenticeAve., #100, Greenwood Village, Color-ado 80111, (303) 775-1005. APPLICA-TION FOR A CONDITIONAL STORAGERIGHT AND TO MAKE A PORTION AB-SOLUTE – GILCREST RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1. Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir will consist of a series oflined gravel pit cells. One cell has beenlined and water has been stored in thatcell. A map showing the location of Gil-crest Reservoir is attached as Exhibit 1.Water has been and will be diverted fromthe South Platte River at the diversion fa-cilities described in paragraph 2.2 below.2.2. Name of the Diversion Facilities Usedto Fill Gilcrest Reservoir and Outlet Struc-tures. 2.2.1. Gilcrest Reservoir Points ofDiversion. One point of diversion for Gil-crest Reservoir may be located adjacentto the Jay Thomas Ditch Diversion Damand will be located on the east bank of theSouth Platte River in the NW1/4 of theNW1/4 of Section 11, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado (referred to as the“South Diversion”). A second point diver-sion may be located on the South PlatteRiver downstream of the confluence withthe St. Vrain River in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty Colorado (referred to as the “NorthDiversion”). 2.2.2. Gilcrest Reservoir Out-let Structures. Gilcrest Reservoir will haveoutlets with the capability of returning wa-ter to the South Platte River which may belocated at one of more of the following loc-ations: (1) the SE1/4 of the NW1/4 ofSection 2, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado; (2) the NW1/4 of the NW1/4 of Sec-tion 35, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado;and (3) the SW1/4 of the NE1/4 of Sec-tion 26, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado.2.2.3. Gilcrest Pump. A pump has beenconstructed in the SW1/4 of the SW1/4 ofSection 35, Township 4 North, Range 67West of the 6th P.M., Weld County, Color-ado. A pump may also be constructednear the confluence of the South PlatteRiver and the St. Vrain River in Section34, Township 4 North, Range 67 West ofthe 6th P.M., Weld County, Colorado to al-low for the diversion of water from theSouth Platte River into Gilcrest Reservoirfor storage. 2.3. Use of Gilcrest Reser-voir. Gilcrest Reservoir, L.L.C. owns thestructure, diversion, outlet facilities de-scribed in paragraph 2.2 above and landon which those facilities will be or are loc-ated. Nothing in this Application shall beconstrued to create any right on the part ofUnited to utilize land or structures ownedby others, including, but not limited to, Gil-crest Reservoir and other structures orreservoirs for the diversion, carriage, orstorage of water. United may not utilizeany such land or structures until it has ac-quired the legal right to do so. 2.4. Use ofJay Thomas Ditch Diversion Structure.The Jay Thomas Diversion Structure andthe land on which it is located are ownedby the Public Service Company, d/b/aXcel Energy Inc. To the extent the Applic-ant is involved in the construction of a di-version structure for Gilcrest Reservoir atthe Jay Thomas Diversion site, the Applic-ant will not utilize any such land or struc-tures until it, or Gilcrest Reservoir, L.L.C.has acquired the legal right to do so. 3.Source. South Platte River. 4. AmountClaimed. 3,000 acre-feet, conditional,with one refill in the amount of 3,000 acre-feet per year conditional. The designedintake rate is approximately 260 cfs. 5.Amount Claimed Absolute. As of the dateof filing this Application, 225 acre-feethave been stored in Gilcrest Reservoir forUnited’s use. United continues to divertwater into Gilcrest Reservoir under freeriver conditions and claims as absoluteany additional amounts diverted andstored. The absolute amount is includedin the total 3,000 acre-foot claim. 6. Dateof Appropriation. September 13, 2013. 7.How Appropriation was Initiated. OnSeptember 13, 2013, United initiated thisappropriation by installing a pump in theSouth Platte River, diverting and storingfree river water into Gilcrest Reservoir.These diversions were implemented pur-suant to a short-term, temporary leaseagreement with Gilcrest Reservoir, L.L.Cfor storage space in Gilcrest Reservoir.Water stored this year in Gilcrest Reser-voir for United will be used for, but not lim-ited to oil, gas and mineral production, ex-change and augmentation. United’sBoard of Directors passed a Resolutionapproving this appropriation on October 4,2013 (attached as Exhibit 2). 8. Date Wa-ter First Applied to Beneficial Use.September 13, 2013, by the diversion andstorage of water for future use. 9. Uses.9.1. Directly or as a source of augmenta-tion and substitute supply for use on andfor the future development of lands ownedby United and other entities to whomUnited will provide water for land develop-ment in the Beebe Draw, on the 70Ranch, and within the Sand Hills Metro-politan District, as it currently exists ormay exist in the future. For municipal, in-dustrial, commercial, irrigation uses, in-cluding, but not limited to, domestic,mechanical, manufacturing, drought pro-tection, storage, exchange, augmentationand replacement, recharge, substitutesupply, to meet demonstrated future de-mands, and use by other parties with theright to store water in the Reservoir. 9.2.Directly or as a source of augmentationand substitute supply for industrial pur-poses, including but not limited to oil, gasand mineral production. 9.3. Directly or asa source of augmentation and substitutesupply for farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations. 9.4.United asks the Court to decree that it hasthe right to use, reuse, successively useand dispose of by sale, exchange, aug-mentation, or otherwise, to extinction allwater lawfully diverted and/or impoundedpursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, demonstrated futuredemands, exchange, augmentation andreplacement, recharge, substitute supply,and for all other beneficial uses. 10. TotalCapacity. Gilcrest Reservoir has aplanned total capacity of approximately27,000 acre-feet. United has had discus-sions with Gilcrest Reservoir, LLC regard-ing the purchase of a portion of that stor-age. 11. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 11.1. Gilcrest Reservoir. GilcrestReservoir and its diversion and outlet facil-ities are owned by Gilcrest Reservoir,L.L.C., 9191 Towne Centre Drive, Suite210, San Diego, CA 92122. 11.2. JayThomas Diversion Dam. The Jay ThomasDiversion Dam and the land at the point ofdiversion for Gilcrest Reservoir are ownedby Public Service Company, d/b/a XcelEnergy Inc., 1800 Larimer Street, Suite1300, Denver, CO 80202. (6 pages, 6 ex-hibit pages)


APPLICA-TION FOR A CONDITIONAL STORAGERIGHT AND TO MAKE A PORTION AB-SOLUTE – GILCREST RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1. Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir will consist of a series oflined gravel pit cells. One cell has beenlined and water has been stored in thatcell. A map showing the location of Gil-crest Reservoir is attached as Exhibit 1.Water has been and will be diverted fromthe South Platte River at the diversion fa-cilities described in paragraph 2.2 below.2.2. Name of the Diversion Facilities Usedto Fill Gilcrest Reservoir and Outlet Struc-tures. 2.2.1. Gilcrest Reservoir Points ofDiversion. One point of diversion for Gil-crest Reservoir may be located adjacentto the Jay Thomas Ditch Diversion Damand will be located on the east bank of theSouth Platte River in the NW1/4 of theNW1/4 of Section 11, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado (referred to as the“South Diversion”). A second point diver-sion may be located on the South PlatteRiver downstream of the confluence withthe St. Vrain River in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty Colorado (referred to as the “NorthDiversion”). 2.2.2. Gilcrest Reservoir Out-let Structures. Gilcrest Reservoir will haveoutlets with the capability of returning wa-ter to the South Platte River which may belocated at one of more of the following loc-ations: (1) the SE1/4 of the NW1/4 ofSection 2, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado; (2) the NW1/4 of the NW1/4 of Sec-tion 35, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado;and (3) the SW1/4 of the NE1/4 of Sec-tion 26, Township 4 North, Range 67 Westof the 6th P.M., Weld County, Colorado.2.2.3. Gilcrest Pump. A pump has beenconstructed in the SW1/4 of the SW1/4 ofSection 35, Township 4 North, Range 67West of the 6th P.M., Weld County, Color-ado. A pump may also be constructednear the confluence of the South PlatteRiver and the St. Vrain River in Section34, Township 4 North, Range 67 West ofthe 6th P.M., Weld County, Colorado to al-low for the diversion of water from theSouth Platte River into Gilcrest Reservoirfor storage. 2.3. Use of Gilcrest Reser-voir. Gilcrest Reservoir, L.L.C. owns thestructure, diversion, outlet facilities de-scribed in paragraph 2.2 above and landon which those facilities will be or are loc-ated. Nothing in this Application shall beconstrued to create any right on the part ofUnited to utilize land or structures ownedby others, including, but not limited to, Gil-crest Reservoir and other structures orreservoirs for the diversion, carriage, orstorage of water. United may not utilizeany such land or structures until it has ac-quired the legal right to do so. 2.4. Use ofJay Thomas Ditch Diversion Structure.The Jay Thomas Diversion Structure andthe land on which it is located are ownedby the Public Service Company, d/b/aXcel Energy Inc. To the extent the Applic-ant is involved in the construction of a di-version structure for Gilcrest Reservoir atthe Jay Thomas Diversion site, the Applic-ant will not utilize any such land or struc-tures until it, or Gilcrest Reservoir, L.L.C.has acquired the legal right to do so. 3.Source. South Platte River. 4. AmountClaimed. 3,000 acre-feet, conditional,with one refill in the amount of 3,000 acre-feet per year conditional. The designedintake rate is approximately 260 cfs. 5.Amount Claimed Absolute. As of the dateof filing this Application, 225 acre-feethave been stored in Gilcrest Reservoir forUnited’s use. United continues to divertwater into Gilcrest Reservoir under freeriver conditions and claims as absoluteany additional amounts diverted andstored. The absolute amount is includedin the total 3,000 acre-foot claim. 6. Dateof Appropriation. September 13, 2013. 7.How Appropriation was Initiated. OnSeptember 13, 2013, United initiated thisappropriation by installing a pump in theSouth Platte River, diverting and storingfree river water into Gilcrest Reservoir.These diversions were implemented pur-suant to a short-term, temporary leaseagreement with Gilcrest Reservoir, L.L.Cfor storage space in Gilcrest Reservoir.Water stored this year in Gilcrest Reser-voir for United will be used for, but not lim-ited to oil, gas and mineral production, ex-change and augmentation. United’sBoard of Directors passed a Resolutionapproving this appropriation on October 4,2013 (attached as Exhibit 2). 8. Date Wa-ter First Applied to Beneficial Use.September 13, 2013, by the diversion andstorage of water for future use. 9. Uses.9.1. Directly or as a source of augmenta-tion and substitute supply for use on andfor the future development of lands ownedby United and other entities to whomUnited will provide water for land develop-ment in the Beebe Draw, on the 70Ranch, and within the Sand Hills Metro-politan District, as it currently exists ormay exist in the future. For municipal, in-dustrial, commercial, irrigation uses, in-cluding, but not limited to, domestic,mechanical, manufacturing, drought pro-tection, storage, exchange, augmentationand replacement, recharge, substitutesupply, to meet demonstrated future de-mands, and use by other parties with theright to store water in the Reservoir. 9.2.Directly or as a source of augmentationand substitute supply for industrial pur-poses, including but not limited to oil, gasand mineral production. 9.3. Directly or asa source of augmentation and substitutesupply for farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations. 9.4.United asks the Court to decree that it hasthe right to use, reuse, successively useand dispose of by sale, exchange, aug-mentation, or otherwise, to extinction allwater lawfully diverted and/or impoundedpursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, demonstrated futuredemands, exchange, augmentation andreplacement, recharge, substitute supply,and for all other beneficial uses. 10. TotalCapacity. Gilcrest Reservoir has aplanned total capacity of approximately27,000 acre-feet. United has had discus-sions with Gilcrest Reservoir, LLC regard-ing the purchase of a portion of that stor-age. 11. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 11.1. Gilcrest Reservoir. GilcrestReservoir and its diversion and outlet facil-ities are owned by Gilcrest Reservoir,L.L.C., 9191 Towne Centre Drive, Suite210, San Diego, CA 92122. 11.2. JayThomas Diversion Dam. The Jay ThomasDiversion Dam and the land at the point ofdiversion for Gilcrest Reservoir are ownedby Public Service Company, d/b/a XcelEnergy Inc., 1800 Larimer Street, Suite1300, Denver, CO 80202. (6 pages, 6 ex-hibit pages)




Public Notice



IN WATER DIV. 1


13CW3182 United Water and Sanita-tion District, acting by and through theUnited Water Acquisition Enterprise(“United” or the “Applicant”), c/oRobert Lembke, 8301 East PrenticeAve., #100, Greenwood Village, Color-ado 80111, (303) 775-1005. APPLICA-TION FOR A CONDITIONAL STORAGERIGHT – HIGHLANDS RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph2.2 below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) Barr Lakesystem. United has the ability to useFRICO’s delivery canals pursuant to theconveyance contract between United andFRICO. United will construct HighlandsReservoir for multiple uses, including, butnot limited to: (a) satisfying its obligationsto the Arapahoe County Water andWastewater Authority (“ACWWA”) underthe Intergovernmental Agreement datedDecember 15, 2009, and the East CherryCreek Valley Water and Sanitation Dis-trict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) the direct use and aug-mentation of wells in the Beebe Draw foruse on and development of lands ownedby United or affiliated entities in the BeebeDraw and the Sand Hills Metropolitan Dis-trict; and (c) storage for other entities 2.2.Name of Diversion Facilities. 2.2.1.United Diversion Facility No. 3. Theheadgate is on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado. Thediversion structure has a current capacityof 100 c.f.s, with the ability to expand tomore than 500 c.f.s. This Diversion deliv-ers water to the United No. 3 Reservoir,from which water is delivered through theBeebe Pipeline to the Burlington/O’BrienCanal immediately above Barr Lake. FromBarr Lake the water will be deliveredthrough FRICO delivery canals in theBeebe Draw to Highlands Reservoir.2.2.2. Burlington Ditch (also known asBurlington/O’Brien Canal). The headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 c.f.s. of excess ca-pacity in the Burlington Ditch. United’suse of the Ditch wil l be l imited byThornton’s prior right. 2.3. Source. SouthPlatte River. 2.4. Amount Claimed. 2,000acre-feet conditional, with one refill in theamount of 2,000 acre-feet per year condi-tional. 2.5. Date of Appropriation. Octo-ber 4, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedthe United’s Board of Directors’ approvalof a resolution on October 4, 2013, ap-proving this appropriation (attached as Ex-hibit 2), the posting of Notices of Appropri-ation at the site of the Reservoir and at thepoint of diversion on October 22, 2013 (at-tached as Exhibit 3), and the filing of thisApplication as directed by the Resolutionand pursuant to the Notices of Appropri-ation. United has conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir, has identi-fied the location of Highlands Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructures as described in paragraph 2.2.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright for uses other than those claimed by(a) ECCV jointly with United and (2)ACWWA jointly with United in applica-tions filed with the District Court, Water Di-vision No. 1, on December 30, 2013 forconditional storage rights in HighlandsReservoir. By this application, Unitedseeks a decree granting the right to usethe above-described conditional waterright as follows: 2.8.1. Directly or as asource of augmentation and substitutesupply for use on and for the future devel-opment of lands owned by United and oth-er entities to whom United will provide wa-ter for land development in the BeebeDraw and within the Sand Hills Metropolit-an District as it currently exists or may ex-ist in the future. For municipal, industrial,commercial, irrigation uses, including, butnot limited to, domestic, mechanical, man-ufacturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. Directly or as asource of augmentation and substitutesupply for industrial purposes, includingbut not limited to oil, gas and mineral pro-duction. 2.8.3. Directly or as a source ofaugmentation and substitute supply for ir-rigation of farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.4. United asks the Court to decree thatit has the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, future planned devel-opment, commercial, industrial, exchange,augmentation and replacement, recharge,substitute supply, to meet future demon-strated demand, and for all other benefi-cial uses. 2.9. Total Capacity. HighlandsReservoir has a planned total capacity of2,000 acre-feet. 2.10. Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above, and lands on which those facil-ities will be located. 2.10.1. HighlandsReservoir will be owned by the United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The landon which the Reservoir will be located isowned by Highland Equities, L.L.C., 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 2.10.3.The United Water and Sanitation District,8301 East Prentice Ave., Suite 100,Greenwood Village, Colorado 80111 holdsa perpetual easement granted by Hender-son Aggregate, LTD for the United Diver-sion Facility No. 3. The diversion struc-ture is owned by United. 2.10.4. The Burl-i n g t o n D i t c h ( a l s o k n o w n a sBurlington/O’Brien Canal) is owned by theFarmers Reservoir and Irrigation Com-pany (“FRICO”), 80 South 27th AvenueBrighton, Colorado 80601. 2.10.5. BarrLake and the canals which will be used todeliver water to Highlands Reservoir areowned by FRICO. (6 pages, 8 exhibitpages)


14

Public NoticeELBERT COUNTY VENDOR PMT LIST NOVEMBER 2013

GENERAL FUND 326722.98GENERAL FUND $854,996.30HEALTH FUND $4,107.56ROAD & BRIDGE FUND $163,635.79SALES & USE TAX FUND $7,267.76LEAF FUND $21,429.31HUMAN SERVICES FUND $30,889.66MEADOWS STATION $41,216.25FOXWOOD ESTATES $17,510.00CONSERVATION TR FUND $6,088.91TOTALS $1,147,141.54

Vendor Name Description AMT 2HP CONSTRUCTION, LLC OPERATING EXPENSE 5,100.00 ACOMA LOCKSMITH SERVICE BUILDING MAINTENANCE 112.00 ADVANCED QUALITY AUTO VEHICLE MAINT 2,176.85 AGATE MUTUAL TELEPHONE MONTHLY UTILITIES 23.05 AIRGAS INTERMOUNTAIN FEES 608.71 AL SERRA OPERATING EXPENSE 373.90 ALL ACCESS INC OPERATING EXPENSE 1,030.05 ANTHONY CORRADO ELECTION JUDGE PAY 552.50 ARAPAHOE HEATING SVC BUILDING MAINTENANCE 888.96 ASSA ABLOY ENTRANCE SYS OPERATING EXPENSE 4,390.00 ASSURED WASTE SOLUTIONS MEDICAL WASTE 166.35 AUTO GLASS GUYS VEHICLE MAINT 195.00 AUTO-CHOLOR SYSTEM MONTHLY SERVICES 178.00 BABY BEAR HUGS TANF CONTRACT 832.00 BARBARA S. SJAASTAD ELECTION JUDGE PAY 397.50 BASS VIVA I. CONTRACT WAGES 271.50 BERG HILL GREENLEAF RUSC LEGAL FEES 2,706.11 BLACK HILLS ENERGY MONTHLY UTILITIES 2,273.88 BLUE STAR POLICE SUPPLY OPERATING EXPENSE 768.76 C&M REBUILDERS,INC VEHICLE MAINT 50.74 CAROLYN BURGENER MONTHLY EXPENSES 200.00 CCP INDUSTRIES INC OPERATING EXPENSE 317.61 CDW GOVERNMENT OPERATING EXPENSE 9,865.94 CENTURYLINK MONTHLY SERIVCES 472.21 CERTIFIED LAB MONTHLY SERVICES 124.90 CHARLES WALKER ELECTION JUDGE PAY 422.50 CHEM TOX OPERATING EXPENSE 370.00 CLIA LAB PRGM FEES 200.00 CMI INC EQUIP MAINTENANCE 101.57 COLORADO ASSESOR ASSOC. TRAINING AND DUES 1,400.75 CO BUREAU OF INVEST OPERATING EXPENSE 79.00 COLORADO COMMUNITY OPERATING EXPENSE 3,366.50 CDOT OPERATING EXPENSE 100.00 CO DEPT AGRICULTURE EQUIPMENT 206.00

CO DEPT OF PUBL HLTH SEPT TOX 25.00 CO DEPT OF REVENUE OPERATING EXPENSE 3,074.50 CO INTERACTIVE MONTHLY SERVICES 283.59 COLT DEFENSE LLC TRAINING 1,175.00 COMANCHE VET HOSPITAL SVC CHARGE 86.28 COMCAST MONTHLY UTILITIES 427.04 COMMUNITY MEDIA OF CO OPERATING EXPENSE 99.75 CONNIE MILLS ELECTION JUDGE PAY 507.50 CORPORATE BILLING OPERATING EXPENSE 354.85 CORRECTIONAL HLTHCARE MONTHLY SERVICES 22,292.32 CRACKERJACK MUD JACKING OPERATING EXPENSE 510.00 CUC CREDIT CARD TRANS. 5,026.04 D-J PETROLEUM FUEL/DISEL 37,863.13 DHHS CLIENT OPERATING EXPENSE 75.00 DEEP ROCK MONTHLY UTILITIES 8.45 DELL MARKETING L.P. OFFICE SUPPLIES 2,923.16 DOUGCO SHERIFF’S OFFICE TRAINING 40.00 DOUG/ELBRT CTY TASK FORCE TANF GRANT 4,128.36 DUNRIGHT WELDING WELDING 395.00 DUSTY PLAINS VET. VET SERVICES 518.00 E&G TERMINAL,INC EQUIPMENT 366.25 E470 PUBLIC HWY EXPRESS TOLL 88.80 EAST CTRL COUNCIL GOV MRKTING CONTIB. 3,500.00 EC COALITION OUTREACH TANF CONTRACT 1,363.17 ED KOVITZ AUCTIONEER TAX SALE 300.00 EIDE BAILLY SERVICE AGREEMENT 19,950.00 EL PASO COUNTY OPERATING EXPENSE 6,750.00 ECCA 4TH QUARTER CALLS 8,811.25 ELBERT COUNTY R&B VEHICLE MAINTENANCE 1,141.22 ELBERT COUNTY TRSR MONTHLY RENT 1,810.00 ELIZABETH CHAIN SAW EQUIPMENT MAINTENANCE 38.00 ELIZABETH FIRE DEPT. OPERATING EXPENSE 450.00 ELIZABETH STORAGE MONTHLY SERVICES 220.00 EMERGENCY VEHICLE SPEC. EQUIPMENT MAINTENANCE 81.00 ENERTIA CONSULTING OPERATING EXPENSE 19,867.76 FAIR POINT COMM. MONTHLY FEES 246.49 FLATIRONS INC OPERATING EXPENSE 400.00 FRONTIER BUSINESS PROD OPERATING EXPENSE 465.09 FRONTIER COMM CORP MONTHLY RENTAL 995.96 G&K SERVICES OPERATING EXPENSE 296.31 GALL’S INC OPERATING EXPENSE 524.18 GEIGER OPERATING EXPENSE 838.48 GLASER GAS COMPANY MONTHLY UTILITIES 111.74 GLENN A. OHRNS CONTRACT WAGES/TRAVEL 1,920.00 GOVERNMENT FLEET SALES VEHICLE PURCHASE 17,000.00 HALLCREST KENNEL KENNEL FEES 284.97 HEATHER HARCOURT OPERATING EXPENSE 487.50 HONNEN EQUIPMENT CO LAMP 2,259.08 IREA MONTHLY UTILITIES 7,481.13

JERI SPEAR MILEAGE REIMBURSEMENT 45.00 JESSICA FANN MILEAGE REIMBURSEMENT 13.65 JESSIE MCKNIGHT OPERATING EXPENSE 75.00 JOAN GRAHAM REIMBURSEMENT 19.60 JOAN M. WHITE ELECTION JUDGE PAY 522.50 JOHN DEERE FINANCIAL LEASE AGREEMENT 31,902.75 KANSAS STATE BANK LEASE AGREEMENT 60,354.84 KELLEY MIKE MILEAGE REIMBURSEMENT 102.00 KIOWA CREEK COMM CHRCH TANF CONTRACT 3,090.00 KIOWA STORAGE STORAGE FEES 60.00 LARRY ROSS REIMBURSEMENT 181.19 LAWSON PRODUCTS OPERATING EXPENSE 691.33 LISA MAZZOLA COLL SERV. LIAISON 2,092.50 LYLE SIGN INC OPERATING EXPENSE 1,208.07 MANDY TAYLOR REIMBURSEMENT 31.76 MARINI DIESEL INC VEHICLE MAINTENANCE 141.10 MARJORIE F. WHITE ELECTION JUDGE PAY 465.00 MATT MARTINICH OPERATING EXPENSE 660.00 MCAFEE INC OPERATING EXPENSE 363.78 MEDVED FORD PARTS VEHICLE MAINTENANCE 41.76 MHC KENWORTH VEHICLE MAINTENANCE 1,866.34 MICHELLE NAIL REIMBURSEMENT 16.00 MID-AMERICAN RSCH CHEM OPERATING EXPENSE 290.62 MIKE TESMAN REIMBURSEMENT 100.00 MINES & ASSOCIATES PC MONTHLY SERVICES 535.80 MORPHOTRUST OPERATING EXPENSE 23,288.00 MOUNTAIN VIEW ELECTRIC MONTHLY UTILITIES 337.78 NASRALLAH CUSTOM LEATHER OPERATING EXPENSE 420.00 NEXTEL COMMUNICATIONS MONTHLY EXPENSES 4,311.56 OFFICE OF DISTRICT ATTNY QUARTERLY FEES 260,588.00 OVERHEAD DOOR CO OPERATING EXPENSE 39.00 PARKER PORT-A-POTTY MONTHLY SERVICES 239.00 PARKER SIGNS SIGNS FOR ECDHHS 287.00 PARTS DIRECT VEHICLE MAINTENANCE 209.64 PHILLIP OLBERT ELECTION JUDGE PAY 492.50 PHOENIX TECHNOLOGY GR OPERATING EXPENSE 5,548.94 PITNEY BOWES INC POSTAGE SUPPLIES 5,000.00 POTESTIO BROTHERS EQUIP VEHICLE MAINTENANCE 286.68 POYSTI AND ADAMS AUDIT PREP 38,694.37 PROVOTE SOLUTIONS OPERATING EXPENSE 9,067.67 PUREWATER DYNAMICS MONTHLY RENTAL 50.00 QUILL CORPORATION OFFICE SUPPLIES 352.69 QWEST MONTHLY UTILITIES 1,412.73 RHONDA L. BRAUN ELECTION JUDGE PAY 547.50 PORTA POT RENTAL MONTHLY UTILITIES 195.00 ROCK PARTS COMPANY VEHICLE MAINTENANCE 2,889.51 RKY MTN. SPRING & SUSPENSE VEHICLE MAINTENANCE 236.46 ROD WILSON DEPUTY COMP 200.00

RT SERVICES CORP LLC MONTHLY FEES 265.67 RUNBECK ELECTION SVCS OFFICE SUPPLIES 188.58 RUNNING CREEK QUICK LUBE VEHICLE MAINTENANCE 291.31 SCHMIDT CONSTRUCTION CO OPERATING EXPENSE 10,362.10 SIGNAL GRAPHICS OFFICE SUPPLIES 90.20 SPRINT MONTHLY UTILITIES 715.54 STAPLES ADVANTAGE OFFICE SUPPLIES 3,009.24 STATE OF COLORADO FEES 791.00 STERICYCLE HAZ. WASTE REMOVAL 293.61 STONE OIL CO INC FUEL/PROPANE 21,543.12 SUSAN LUDWIG OPERATING EXPENSE 420.00 SUSAN SAINT VINCENT MILEAGE REIMBURSEMENT 42.00 SYSCO FOOD SERVICES MONTHLY EXPENSES 4,598.53 TENNANT SALES AND SVC CO OPERATING EXPENSE 210.10 THE LIGHTHOUSE OPERATING EXPENSE 193.00 TIMOTHEOS INC FINAL PAYMENT 5,000.00 TLLC INC GROUNDS MAINTENANCE 2,500.00 TLO LLC MONTHLY SERVICES 136.00 TODD PEDERSON DEPUTY COMP 400.00 TOWN OF KIOWA MONTHLY UTILITIES 3,036.09 TOWN OF SIMLA MONTHLY UTILITIES 132.07 TRANSWEST TRUCKS INC. VEHICLE MAINTENANCE 138.33 TRUE VALUE HARDWARE OPERATING EXPENSE 241.98 TYLER TECHNOLOGIES INC MONTHLY CONTRACT 8,081.00 U.S. POSTAL SERVICE FEES 116.00 ULTRAMAX AMMUNITION EQUIPMENT 2,028.00 UMB BANK NA BOND PAYMENT /INTEREST 58,726.25 UNIVERSITY PHYSICIANS INC SUPERVISED VISITS 750.00 VERIZON WIRELESS MONTHLY PAYMENT 837.51 VIAERO WIRELESS MONTHLY SERVICES 234.39 WAGNER EQUIPMENT CO INC RETAINER GROUP 128.75 WASTE MANAGEMENT MONTHLY UTILITIES 711.23 WELLS FARGO BOND PAYMENT 337,212.50 WESTSIDE TOWING OPERATING EXPENSE 332.50 WINTERBERG OIL COMPANY OPERATING EXPENSE 331.25 WITT BOYS-NAPA VEHICLE MAINTENANCE 2,416.29 WRIGLEY ENTERPRISES OPERATING EXPENSE 105.00 XEROX CORPORATION MONTHLY EXPENSE 2,429.05 Y TIME MONTHLY PAYMENT 63.84 ZEE MEDICAL MEDICAL SUPPLIES 205.83 ZEP SALES AND SVC SHOP SUPPLIES 84.87

Legal Notice No.: 927873First Publication: January 23, 2014Last Publication: January 23, 2014Publisher: Elbert County News


APPLICA-TION FOR A CONDITIONAL STORAGERIGHT – HIGHLANDS RESERVOIR INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, MORGAN ANDWELD COUNTIES. Please send allpleadings and correspondence to: Tod J.Smith, Esq., LAW OFFICE OF TOD J.SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, [email protected], (Attorney for Applicant). 2. De-scription of Conditional Water StorageRight. 2.1. Name of Structure. 2.1.1.Highlands Reservoir. Highlands Reser-voir is an off-channel reservoir located inthe NW1/4 of Section 32, Township 1North, Range 65 West of the 6th P.M.,Weld County, Colorado. A map showingthe location of Highlands Reservoir is at-tached as Exhibit 1. Water will be diver-ted from the South Platte River at the di-version facilities described in paragraph2.2 below. After water is diverted from theSouth Platte River it will be delivered tothe Highlands Reservoir through the deliv-ery canals in the Farmers Reservoir andIrrigation Company’s (“FRICO”) Barr Lakesystem. United has the ability to useFRICO’s delivery canals pursuant to theconveyance contract between United andFRICO. United will construct HighlandsReservoir for multiple uses, including, butnot limited to: (a) satisfying its obligationsto the Arapahoe County Water andWastewater Authority (“ACWWA”) underthe Intergovernmental Agreement datedDecember 15, 2009, and the East CherryCreek Valley Water and Sanitation Dis-trict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) the direct use and aug-mentation of wells in the Beebe Draw foruse on and development of lands ownedby United or affiliated entities in the BeebeDraw and the Sand Hills Metropolitan Dis-trict; and (c) storage for other entities 2.2.Name of Diversion Facilities. 2.2.1.United Diversion Facility No. 3. Theheadgate is on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado. Thediversion structure has a current capacityof 100 c.f.s, with the ability to expand tomore than 500 c.f.s. This Diversion deliv-ers water to the United No. 3 Reservoir,from which water is delivered through theBeebe Pipeline to the Burlington/O’BrienCanal immediately above Barr Lake. FromBarr Lake the water will be deliveredthrough FRICO delivery canals in theBeebe Draw to Highlands Reservoir.2.2.2. Burlington Ditch (also known asBurlington/O’Brien Canal). The headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. The City of Thorntonhas an agreement with Burlington/FRICOfor use of the first 200 c.f.s. of excess ca-pacity in the Burlington Ditch. United’suse of the Ditch wil l be l imited byThornton’s prior right. 2.3. Source. SouthPlatte River. 2.4. Amount Claimed. 2,000acre-feet conditional, with one refill in theamount of 2,000 acre-feet per year condi-tional. 2.5. Date of Appropriation. Octo-ber 4, 2013. 2.6. How Appropriation wasInitiated. The appropriation date is basedthe United’s Board of Directors’ approvalof a resolution on October 4, 2013, ap-proving this appropriation (attached as Ex-hibit 2), the posting of Notices of Appropri-ation at the site of the Reservoir and at thepoint of diversion on October 22, 2013 (at-tached as Exhibit 3), and the filing of thisApplication as directed by the Resolutionand pursuant to the Notices of Appropri-ation. United has conducted engineeringstudies to determine the feasibility of con-structing Highlands Reservoir, has identi-fied the location of Highlands Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructures as described in paragraph 2.2.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright for uses other than those claimed by(a) ECCV jointly with United and (2)ACWWA jointly with United in applica-tions filed with the District Court, Water Di-vision No. 1, on December 30, 2013 forconditional storage rights in HighlandsReservoir. By this application, Unitedseeks a decree granting the right to usethe above-described conditional waterright as follows: 2.8.1. Directly or as asource of augmentation and substitutesupply for use on and for the future devel-opment of lands owned by United and oth-er entities to whom United will provide wa-ter for land development in the BeebeDraw and within the Sand Hills Metropolit-an District as it currently exists or may ex-ist in the future. For municipal, industrial,commercial, irrigation uses, including, butnot limited to, domestic, mechanical, man-ufacturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. Directly or as asource of augmentation and substitutesupply for industrial purposes, includingbut not limited to oil, gas and mineral pro-duction. 2.8.3. Directly or as a source ofaugmentation and substitute supply for ir-rigation of farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.4. United asks the Court to decree thatit has the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. United seeks a decree granting theright to use the above-described condi-tional water rights for all industrial, com-mercial, irrigation and municipal uses, in-cluding but not limited to domestic, irriga-tion, mechanical, manufacturing, droughtprotection, storage, future planned devel-opment, commercial, industrial, exchange,augmentation and replacement, recharge,substitute supply, to meet future demon-strated demand, and for all other benefi-cial uses. 2.9. Total Capacity. HighlandsReservoir has a planned total capacity of2,000 acre-feet. 2.10. Name and Ad-dresses of the Owner of the StorageStructure and the Diversion Facilities Lis-ted Above, and lands on which those facil-ities will be located. 2.10.1. HighlandsReservoir will be owned by the United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The landon which the Reservoir will be located isowned by Highland Equities, L.L.C., 8301East Prentice Ave., Suite 100, Green-wood Village, Colorado 80111. 2.10.3.The United Water and Sanitation District,8301 East Prentice Ave., Suite 100,Greenwood Village, Colorado 80111 holdsa perpetual easement granted by Hender-son Aggregate, LTD for the United Diver-sion Facility No. 3. The diversion struc-ture is owned by United. 2.10.4. The Burl-i n g t o n D i t c h ( a l s o k n o w n a sBurlington/O’Brien Canal) is owned by theFarmers Reservoir and Irrigation Com-pany (“FRICO”), 80 South 27th AvenueBrighton, Colorado 80601. 2.10.5. BarrLake and the canals which will be used todeliver water to Highlands Reservoir areowned by FRICO. (6 pages, 8 exhibitpages)







Public Notice




IN WATER DIV. 1


13CW3183 United Water and Sanita-tion District, acting by and through theUnited Water Acquisition Enterprise(“United” or the “Applicant”), c/oRobert Lembke, 8301 East PrenticeAve., #100, Greenwood Village, Color-ado 80111, (303) 775-1005. APPLICA-TION FOR A CONDITIONAL STORAGERIGHT, CONDITIONAL RIGHT OF RE-CHARGE, AND INCLUSION AS ASOURCE OF WATER FOR THE AUG-MENTATION PLAN DECREED IN CASENO. 88CW264(B) IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Tod J. Smith,Esq., LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forApplicant). 2. Description of ConditionalWater Storage Right. 2.1. Name of Struc-ture. 2.1.1. 70 Ranch Reservoir. The 70Ranch Reservoir will be located in theS1/2 of Section 3, Township 4 North,Range 63 West of the 6th P.M. and a por-tion of the NE1/4 of Section 10, Township4 North, Range 63 West of the 6th P.M. inWeld County, Colorado. A map showingthe location of 70 Ranch Reservoir is at-tached as Exhibit 1. The 70 Ranch Reser-voir and the diversion facility describedbelow will be used for multiple uses in-cluding, but not limited to: (a) satisfying itsobligations to the Arapahoe County Waterand Wastewater Authority (“ACWWA”) un-der the Intergovernmental Agreementdated December 15, 2009, and the EastCherry Creek Valley Water and SanitationDistrict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) augmentation of wells onthe 70 Ranch and on other propertyowned by United and other entities; and(c) storage for other entities. 2.2. Name ofDiversion Facility. 2.2.1. Diversion Struc-ture. Located in the SE1/4 of the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado, and United Diversion Facility No. 6,which is claimed in Case No. 10CW306for inclusion in the 70 Ranch Plan for Aug-mentation and will be located in theNW1/4 of the NE1/4 of Section 3, Town-ship 4 North, Range 63 West and theSE1/4 of the SW1/4 of Township 5 North,Range 63 West, both of the 6th P.M.,Weld County, Colorado. 2.3. Source.South Platte River. 2.4. Amount and RateClaimed. 6,000 acre-feet, conditional,with one refill in the amount of 6,000 acre-feet per year conditional. Design of the in-take structure has not been completed butis estimated at approximately 100 c.f.s.2.5. Date of Appropriation. October 4,2013. 2.6. How Appropriation was Initi-ated. The appropriation date is based theUnited’s Board of Directors’ approval of aresolution on October 4, 2013 (attachedas Exhibit 2), approving this appropriation,the posting of Notices of Appropriation atthe site of the Reservoir and at the point ofdiversion on October 22, 2013 (attachedas Exhibit 3), and the filing of this Applica-tion as directed by the Resolution and pur-suant to the Notices of Appropriation.United has conducted engineering stud-ies to determine the feasibility of con-structing 70 Ranch Reservoir, has identi-fied the location of 70 Ranch Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructure as described in paragraph 2.2.1.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright on its own behalf for uses other thanthose claimed by (a) ECCV jointly withUnited and (2) ACWWA jointly with Unitedin applications filed with the District Court,Water Division No. 1, on December 30,2013. By this application, United seeks adecree granting the right to use the above-described conditional water right as fol-lows: 2.8.1. Directly or as a source of aug-mentation and substitute supply for use onand for the future development of landsowned by United, 70 Ranch, LLC, andother entities to whom United will providewater for land development in the BeebeDraw and within the Sand Hills Metropolit-an District, as it now exists or may exist inthe future. For municipal, industrial, com-mercial, irrigation uses, including, but notlimited to, domestic, mechanical, manu-facturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. For inclusion as asource of supply in the plan for augmenta-tion previously decreed in Case No.88CW264(B), District Court, Water Divi-sion No. 1, Decree entered August 20,1996, for municipal, industrial, commer-cial, irrigation uses, including, but not lim-ited to, domestic, mechanical, manufactur-ing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir on the 70 Ranch in WeldCounty, Colorado, and within the SandHills Metropolitan District, as it now existsor may exist in the future. 2.8.3. Directlyor as a source of augmentation and sub-stitute supply for industrial purposes, in-cluding but not limited to oil, gas and min-eral production. 2.8.4. Directly or as asource of augmentation and substitutesupply on farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.5. For delivery to recharge in the Har-en Recharge Pond by exchange. TheHaren Recharge Pond and related facilit-ies are described below in paragraph 3.2.8.6. United asks the Court to decreethat they have the right to use, reuse, suc-cessively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. United seeks a de-cree granting the right to use the above-described conditional water rights for allindustrial, commercial, irrigation and muni-cipal uses, including but not limited to do-mestic, mechanical, manufacturing,drought protection, storage, exchange,augmentation and replacement, recharge,substitute supply, to meet demonstratedfuture demands, use by other parties withthe right to store water in the Reservoirand for other beneficial purposes. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 2.10.1. 70 Ranch Reservoir and itsdiversion facilities are owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The facilit-ies described above will be located onland owned by 70 Ranch, LLC, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 3. Description ofConditional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. The Pond hasbeen constructed and is operational. 3.2.Name of Diversion Facility. 3.2.1. HarenPipeline. The Haren Pipeline will divertwater from the South Platte River at oneof two alternate locations: 3.2.1.1. TheSE1/4 of the NE1/4 of Section 18, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.2.1.2.SE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M., Weld County, Colorado. A mapshowing the location of the Haren Re-charge Pond and the Haren Pipeline al-ternate alignments is attached as Exhibit4. 3.3. Source. South Platte River. 3.4.Amount Claimed. 50 c.f.s., conditional.3.5. Date of Appropriation. December 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the posting of Notices of Appropri-ation on December 13, 2013 (attached asExhibit 5) and the filing of this Application.3.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 3.8. Uses. The Applicant seeks adecree granting the right to use the above-described conditional water right for theuses described above in paragraph 2.8.3.9. Name and Addresses of the Owner ofthe Structure and the Diversion FacilityListed Above, and land on which the diver-sion facilities will be located. 3.9.1. TheHaren Recharge Pond is owned by theCentral Colorado Water Conservancy Dis-trict, 3209 West 28th Street, Greeley, Col-orado 80634 and the United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, Col-orado 80111. 3.9.2. The Haren Pipelineis owned by the United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 3.9.3. The Haren Pipeline Diver-sion Alternate 1 identified above in para-graph 3.2.1.1 will be located on landowned by the Eaton Cattle Company,21421 Highway 60, Platteville, CO 80651(Dorothy Thomas Phelps). 3.9.4. TheHaren Pipeline Diversion Alternate 2 iden-tified above in paragraph 3.2.1.2. will belocated on land owned by RML PropertiesInvestors, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. (7 pages, 10 exhibit pages)


APPLICA-TION FOR A CONDITIONAL STORAGERIGHT, CONDITIONAL RIGHT OF RE-CHARGE, AND INCLUSION AS ASOURCE OF WATER FOR THE AUG-MENTATION PLAN DECREED IN CASENO. 88CW264(B) IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Tod J. Smith,Esq., LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forApplicant). 2. Description of ConditionalWater Storage Right. 2.1. Name of Struc-ture. 2.1.1. 70 Ranch Reservoir. The 70Ranch Reservoir will be located in theS1/2 of Section 3, Township 4 North,Range 63 West of the 6th P.M. and a por-tion of the NE1/4 of Section 10, Township4 North, Range 63 West of the 6th P.M. inWeld County, Colorado. A map showingthe location of 70 Ranch Reservoir is at-tached as Exhibit 1. The 70 Ranch Reser-voir and the diversion facility describedbelow will be used for multiple uses in-cluding, but not limited to: (a) satisfying itsobligations to the Arapahoe County Waterand Wastewater Authority (“ACWWA”) un-der the Intergovernmental Agreementdated December 15, 2009, and the EastCherry Creek Valley Water and SanitationDistrict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) augmentation of wells onthe 70 Ranch and on other propertyowned by United and other entities; and(c) storage for other entities. 2.2. Name ofDiversion Facility. 2.2.1. Diversion Struc-ture. Located in the SE1/4 of the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado, and United Diversion Facility No. 6,which is claimed in Case No. 10CW306for inclusion in the 70 Ranch Plan for Aug-mentation and will be located in theNW1/4 of the NE1/4 of Section 3, Town-ship 4 North, Range 63 West and theSE1/4 of the SW1/4 of Township 5 North,Range 63 West, both of the 6th P.M.,Weld County, Colorado. 2.3. Source.South Platte River. 2.4. Amount and RateClaimed. 6,000 acre-feet, conditional,with one refill in the amount of 6,000 acre-feet per year conditional. Design of the in-take structure has not been completed butis estimated at approximately 100 c.f.s.2.5. Date of Appropriation. October 4,2013. 2.6. How Appropriation was Initi-ated. The appropriation date is based theUnited’s Board of Directors’ approval of aresolution on October 4, 2013 (attachedas Exhibit 2), approving this appropriation,the posting of Notices of Appropriation atthe site of the Reservoir and at the point ofdiversion on October 22, 2013 (attachedas Exhibit 3), and the filing of this Applica-tion as directed by the Resolution and pur-suant to the Notices of Appropriation.United has conducted engineering stud-ies to determine the feasibility of con-structing 70 Ranch Reservoir, has identi-fied the location of 70 Ranch Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructure as described in paragraph 2.2.1.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright on its own behalf for uses other thanthose claimed by (a) ECCV jointly withUnited and (2) ACWWA jointly with Unitedin applications filed with the District Court,Water Division No. 1, on December 30,2013. By this application, United seeks adecree granting the right to use the above-described conditional water right as fol-lows: 2.8.1. Directly or as a source of aug-mentation and substitute supply for use onand for the future development of landsowned by United, 70 Ranch, LLC, andother entities to whom United will providewater for land development in the BeebeDraw and within the Sand Hills Metropolit-an District, as it now exists or may exist inthe future. For municipal, industrial, com-mercial, irrigation uses, including, but notlimited to, domestic, mechanical, manu-facturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. For inclusion as asource of supply in the plan for augmenta-tion previously decreed in Case No.88CW264(B), District Court, Water Divi-sion No. 1, Decree entered August 20,1996, for municipal, industrial, commer-cial, irrigation uses, including, but not lim-ited to, domestic, mechanical, manufactur-ing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir on the 70 Ranch in WeldCounty, Colorado, and within the SandHills Metropolitan District, as it now existsor may exist in the future. 2.8.3. Directlyor as a source of augmentation and sub-stitute supply for industrial purposes, in-cluding but not limited to oil, gas and min-eral production. 2.8.4. Directly or as asource of augmentation and substitutesupply on farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.5. For delivery to recharge in the Har-en Recharge Pond by exchange. TheHaren Recharge Pond and related facilit-ies are described below in paragraph 3.2.8.6. United asks the Court to decreethat they have the right to use, reuse, suc-cessively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. United seeks a de-cree granting the right to use the above-described conditional water rights for allindustrial, commercial, irrigation and muni-cipal uses, including but not limited to do-mestic, mechanical, manufacturing,drought protection, storage, exchange,augmentation and replacement, recharge,substitute supply, to meet demonstratedfuture demands, use by other parties withthe right to store water in the Reservoirand for other beneficial purposes. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 2.10.1. 70 Ranch Reservoir and itsdiversion facilities are owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The facilit-ies described above will be located onland owned by 70 Ranch, LLC, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 3. Description ofConditional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. The Pond hasbeen constructed and is operational. 3.2.Name of Diversion Facility. 3.2.1. HarenPipeline. The Haren Pipeline will divertwater from the South Platte River at oneof two alternate locations: 3.2.1.1. TheSE1/4 of the NE1/4 of Section 18, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.2.1.2.SE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M., Weld County, Colorado. A mapshowing the location of the Haren Re-charge Pond and the Haren Pipeline al-ternate alignments is attached as Exhibit4. 3.3. Source. South Platte River. 3.4.Amount Claimed. 50 c.f.s., conditional.3.5. Date of Appropriation. December 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the posting of Notices of Appropri-ation on December 13, 2013 (attached asExhibit 5) and the filing of this Application.3.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 3.8. Uses. The Applicant seeks adecree granting the right to use the above-described conditional water right for theuses described above in paragraph 2.8.3.9. Name and Addresses of the Owner ofthe Structure and the Diversion FacilityListed Above, and land on which the diver-sion facilities will be located. 3.9.1. TheHaren Recharge Pond is owned by theCentral Colorado Water Conservancy Dis-trict, 3209 West 28th Street, Greeley, Col-orado 80634 and the United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, Col-orado 80111. 3.9.2. The Haren Pipelineis owned by the United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 3.9.3. The Haren Pipeline Diver-sion Alternate 1 identified above in para-graph 3.2.1.1 will be located on landowned by the Eaton Cattle Company,21421 Highway 60, Platteville, CO 80651(Dorothy Thomas Phelps). 3.9.4. TheHaren Pipeline Diversion Alternate 2 iden-tified above in paragraph 3.2.1.2. will belocated on land owned by RML PropertiesInvestors, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. (7 pages, 10 exhibit pages)





APPLICA-TION FOR A CONDITIONAL STORAGERIGHT, CONDITIONAL RIGHT OF RE-CHARGE, AND INCLUSION AS ASOURCE OF WATER FOR THE AUG-MENTATION PLAN DECREED IN CASENO. 88CW264(B) IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-B E R T , M O R G A N A N D W E L DCOUNTIES. Please send all pleadingsand correspondence to: Tod J. Smith,Esq., LAW OFFICE OF TOD J. SMITH,LLC, 1007 Pearl Street, Suite 220,Boulder, Colorado 80302, (Attorney forApplicant). 2. Description of ConditionalWater Storage Right. 2.1. Name of Struc-ture. 2.1.1. 70 Ranch Reservoir. The 70Ranch Reservoir will be located in theS1/2 of Section 3, Township 4 North,Range 63 West of the 6th P.M. and a por-tion of the NE1/4 of Section 10, Township4 North, Range 63 West of the 6th P.M. inWeld County, Colorado. A map showingthe location of 70 Ranch Reservoir is at-tached as Exhibit 1. The 70 Ranch Reser-voir and the diversion facility describedbelow will be used for multiple uses in-cluding, but not limited to: (a) satisfying itsobligations to the Arapahoe County Waterand Wastewater Authority (“ACWWA”) un-der the Intergovernmental Agreementdated December 15, 2009, and the EastCherry Creek Valley Water and SanitationDistrict (“ECCV”) under the Amended andRestated Water Supply Agreement datedMay 2007; (b) augmentation of wells onthe 70 Ranch and on other propertyowned by United and other entities; and(c) storage for other entities. 2.2. Name ofDiversion Facility. 2.2.1. Diversion Struc-ture. Located in the SE1/4 of the SE1/4 ofSection 34, Township 5 North, Range 63West of the 6th P.M. in Weld County, Col-orado, and United Diversion Facility No. 6,which is claimed in Case No. 10CW306for inclusion in the 70 Ranch Plan for Aug-mentation and will be located in theNW1/4 of the NE1/4 of Section 3, Town-ship 4 North, Range 63 West and theSE1/4 of the SW1/4 of Township 5 North,Range 63 West, both of the 6th P.M.,Weld County, Colorado. 2.3. Source.South Platte River. 2.4. Amount and RateClaimed. 6,000 acre-feet, conditional,with one refill in the amount of 6,000 acre-feet per year conditional. Design of the in-take structure has not been completed butis estimated at approximately 100 c.f.s.2.5. Date of Appropriation. October 4,2013. 2.6. How Appropriation was Initi-ated. The appropriation date is based theUnited’s Board of Directors’ approval of aresolution on October 4, 2013 (attachedas Exhibit 2), approving this appropriation,the posting of Notices of Appropriation atthe site of the Reservoir and at the point ofdiversion on October 22, 2013 (attachedas Exhibit 3), and the filing of this Applica-tion as directed by the Resolution and pur-suant to the Notices of Appropriation.United has conducted engineering stud-ies to determine the feasibility of con-structing 70 Ranch Reservoir, has identi-fied the location of 70 Ranch Reservoir asdescribed above in paragraph 2.1.1., andhas identified the location of the diversionstructure as described in paragraph 2.2.1.2.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 2.8. Uses. United seeks this waterright on its own behalf for uses other thanthose claimed by (a) ECCV jointly withUnited and (2) ACWWA jointly with Unitedin applications filed with the District Court,Water Division No. 1, on December 30,2013. By this application, United seeks adecree granting the right to use the above-described conditional water right as fol-lows: 2.8.1. Directly or as a source of aug-mentation and substitute supply for use onand for the future development of landsowned by United, 70 Ranch, LLC, andother entities to whom United will providewater for land development in the BeebeDraw and within the Sand Hills Metropolit-an District, as it now exists or may exist inthe future. For municipal, industrial, com-mercial, irrigation uses, including, but notlimited to, domestic, mechanical, manu-facturing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir. 2.8.2. For inclusion as asource of supply in the plan for augmenta-tion previously decreed in Case No.88CW264(B), District Court, Water Divi-sion No. 1, Decree entered August 20,1996, for municipal, industrial, commer-cial, irrigation uses, including, but not lim-ited to, domestic, mechanical, manufactur-ing, drought protection, storage, ex-change, augmentation and replacement,recharge, substitute supply, to meetdemonstrated future demands, and use byother parties with the right to store waterin the Reservoir on the 70 Ranch in WeldCounty, Colorado, and within the SandHills Metropolitan District, as it now existsor may exist in the future. 2.8.3. Directlyor as a source of augmentation and sub-stitute supply for industrial purposes, in-cluding but not limited to oil, gas and min-eral production. 2.8.4. Directly or as asource of augmentation and substitutesupply on farm lands acquired by Unitedand other entities from which senior waterrights have been or will be transferred tomeet United’s contractual obligations.2.8.5. For delivery to recharge in the Har-en Recharge Pond by exchange. TheHaren Recharge Pond and related facilit-ies are described below in paragraph 3.2.8.6. United asks the Court to decreethat they have the right to use, reuse, suc-cessively use and dispose of by sale, ex-change, augmentation, or otherwise, toextinction all water lawfully diverted and/orimpounded pursuant to the decreeentered in this case. United seeks a de-cree granting the right to use the above-described conditional water rights for allindustrial, commercial, irrigation and muni-cipal uses, including but not limited to do-mestic, mechanical, manufacturing,drought protection, storage, exchange,augmentation and replacement, recharge,substitute supply, to meet demonstratedfuture demands, use by other parties withthe right to store water in the Reservoirand for other beneficial purposes. 2.9.Total Capacity. The 70 Ranch Reservoirhas a planned total capacity of 6,000 acre-feet. 2.10. Name and Addresses of theOwner of the Storage Structure and theDiversion Facilities Listed Above, andlands on which those facilities will be loc-ated. 2.10.1. 70 Ranch Reservoir and itsdiversion facilities are owned by UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 2.10.2. The facilit-ies described above will be located onland owned by 70 Ranch, LLC, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, Colorado 80111. 3. Description ofConditional Recharge Right. 3.1. Name ofStructure. 3.1.1. Haren Recharge Pond.The Haren Recharge Pond is located inthe SW1/4 of Section 16, Township 4North, Range 66 West of the 6th P.M. inWeld County, Colorado. The Pond hasbeen constructed and is operational. 3.2.Name of Diversion Facility. 3.2.1. HarenPipeline. The Haren Pipeline will divertwater from the South Platte River at oneof two alternate locations: 3.2.1.1. TheSE1/4 of the NE1/4 of Section 18, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. 3.2.1.2.SE1/4 of the NE1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M., Weld County, Colorado. A mapshowing the location of the Haren Re-charge Pond and the Haren Pipeline al-ternate alignments is attached as Exhibit4. 3.3. Source. South Platte River. 3.4.Amount Claimed. 50 c.f.s., conditional.3.5. Date of Appropriation. December 13,2013. 3.6. How Appropriation was Initi-ated. The appropriation date is basedupon the posting of Notices of Appropri-ation on December 13, 2013 (attached asExhibit 5) and the filing of this Application.3.7. Date Water First Applied to BeneficialUse. Not applicable, conditional waterright. 3.8. Uses. The Applicant seeks adecree granting the right to use the above-described conditional water right for theuses described above in paragraph 2.8.3.9. Name and Addresses of the Owner ofthe Structure and the Diversion FacilityListed Above, and land on which the diver-sion facilities will be located. 3.9.1. TheHaren Recharge Pond is owned by theCentral Colorado Water Conservancy Dis-trict, 3209 West 28th Street, Greeley, Col-orado 80634 and the United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, Col-orado 80111. 3.9.2. The Haren Pipelineis owned by the United Water and Sanita-tion District, 8301 East Prentice Ave.,Suite 100, Greenwood Village, Colorado80111. 3.9.3. The Haren Pipeline Diver-sion Alternate 1 identified above in para-graph 3.2.1.1 will be located on landowned by the Eaton Cattle Company,21421 Highway 60, Platteville, CO 80651(Dorothy Thomas Phelps). 3.9.4. TheHaren Pipeline Diversion Alternate 2 iden-tified above in paragraph 3.2.1.2. will belocated on land owned by RML PropertiesInvestors, 8301 East Prentice Ave., Suite100, Greenwood Vi l lage, Colorado80111. (7 pages, 10 exhibit pages)




Government Legals Public Notice

DEPARTMENT OF HOMELANDSECURITY

FEDERAL EMERGENCY MANAGEMENT AGENCY

Proposed Flood Hazard Determinationsfor the Unincorporated Areas of ElbertCounty, Colorado, and Case No. 13-08-1173P The Department of Homeland Se-curity’s Federal Emergency ManagementAgency (FEMA) solicits technical informa-tion or comments on proposed flood haz-ard determinations for the Flood Insur-ance Rate Map (FIRM), and where applic-able, the Flood Insurance Study (FIS) re-port for your community. These flood haz-ard determinations may include the addi-tion or modification of Base Flood Eleva-tions, base flood depths, Special FloodHazard Area boundaries or zone designa-tions, or the regulatory floodway. TheFIRM and, if applicable, the FIS reporthave been revised to reflect these floodhazard determinations through issuanceof a Letter of Map Revision (LOMR), in ac-cordance with Title 44, Part 65 of theCode of Federal Regulations. These de-terminations are the basis for the flood-plain management measures that yourcommunity is required to adopt or showevidence of having in effect to qualify orremain qualified for participation in the Na-tional Flood Insurance Program. For moreinformation on the proposed flood hazarddeterminations and information on thestatutory 90-day period provided for ap-peals, please visit FEMA’s website atwww.fema.gov/plan/prevent/fhm/bfe, orcall the FEMA Map Information eXchange(FMIX) toll free at 1-877-FEMA MAP (1-877-336-2627).


Public Notice

INVITATION TO BID

Elbert County Public Works Depart-ment, State of Colorado, is hereby ac-cepting sealed bids for the purchase offour (4) new 2013 or 2014 Model 140M,12M, 772GP, 772G - G946 or equivalent;five (5) year, 7,500 hour guaranteed buyback with 7,500 hour bumper to bump-er warranty. All items listed on the spe-cification sheet need to be included onthe bid.

Bids will be accepted until 10:00 a.m.,Monday, February 3, 2014. Three (3)copies of said bid shall be submitted. Bidswill not be considered which are receivedafter the time stated and any bids re-ceived will be returned unopened. Faxedbids will not be accepted. Bids will beopened at 10:30 a.m., or as soon as pos-sible thereafter, Monday, February 3,2014, in the Commissioner MeetingRoom, Elbert County Courthouse, 215Comanche Street, Kiowa, Colorado80117. The bid opening is open to thepublic. Please mail bids to: Elbert CountyPublic Works Department, Attn: LynneEschbach, P.O. Box 116, Kiowa, CO80117 or deliver to: Elbert County PublicWorks Department, 218 Cheyenne Street,Kiowa, Colorado 80117. Please mark out-s ide of envelope “FOUR MOTORGRADER BID FIVE (5) YEAR GUARAN-TEED BUY BACK”

Elbert County Government reserves theright, as its interest may require, to rejectany and all bids, to waive formalities andinformalities contained in-said bid and fur-thermore to award a contract for itemsherein, either in whole or in part, if it isdeemed to be in the best interest of ElbertCounty to do so. Additionally, ElbertCounty reserves the right to negotiate op-tional items and or services with the suc-cessful bidder.

Please contact Lynne Eschbach for acomplete set of specifications or anyquestions regarding this bid at 303-621-3157, Elbert County Public Works Depart-ment, from 7:00 a.m. to 3:30 p.m. Mondaythrough Thursday, excluding holidays.

ELBERT COUNTY PUBLIC WORKS DEPARTMENTEd Ehmann, Director


Government Legals

”

Elbert County Government reserves theright, as its interest may require, to rejectany and all bids, to waive formalities andinformalities contained in-said bid and fur-thermore to award a contract for itemsherein, either in whole or in part, if it isdeemed to be in the best interest of ElbertCounty to do so. Additionally, ElbertCounty reserves the right to negotiate op-tional items and or services with the suc-cessful bidder.

Please contact Lynne Eschbach for acomplete set of specifications or anyquestions regarding this bid at 303-621-3157, Elbert County Public Works Depart-ment, from 7:00 a.m. to 3:30 p.m. Mondaythrough Thursday, excluding holidays.

ELBERT COUNTY PUBLIC WORKS DEPARTMENTEd Ehmann, Director


Public Notice




IN WATER DIV. 1


13CW3173 Arapahoe County Water andWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031East Caley Avenue, Centennial, Color-ado 80111, (303) 790-4830; United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir is a lined gravel pit. Amap showing the location of GilcrestReservoir is attached as Exhibit 1. 2.2.Use of Gilcrest Reservoir. Gilcrest Reser-voir, L.L.C. owns the structure referred toin this Application as “Gilcrest Reservoir.”Nothing in this Application shall be con-strued to create any right on the part ofACWWA or United to utilize land or struc-tures owned by others, including, but notlimited to, Gilcrest Reservoir and otherstructures or reservoirs for the diversion,carriage, or storage of water. ACWWAand United may not utilize any such landor structures until it has acquired the legalright to do so. 3. Name of the DiversionFacilities Used to Fill Gilcrest Reservoirand Outlet Structures. 3.1. GilcrestReservoir Points of Diversion. One pointof diversion for Gilcrest Reservoir will belocated adjacent to the Jay Thomas DitchDiversion Dam and will be located on theeast bank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado (referred toas the “South Diversion”). A second pointdiversion will be located on the SouthPlatte River downstream of the conflu-ence with the St. Vrain River in the NE1/4of the SW1/4 of Section 26, Township 4North, Range 67 West of the 6th P.M.,Weld County Colorado (referred to as the“North Diversion”). 3.2. Gilcrest Reser-voir Outlet Structures. Gilcrest Reservoirhas several outlets with the capability ofreturning water to the South Platte Riverat the following locations; (1) the SE1/4 ofthe NW1/4 of Section 2, Township 3North, Range 67 West of the 6th P.M.,Weld County, Colorado; (2) the NW1/4 ofthe NW1/4 of Section 35, Township 4North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (3) theSW1/4 of the NE1/4 of Section 26, Town-ship 4 North, Range 67 West of the 6thP.M., Weld County, Colorado. 4. Appro-priation Information. 4.1. Date of Appro-priation. September 13, 2013. 4.2. HowAppropriation Was Initiated. On Septem-ber 13, 2013, ACWWA initiated this appro-priation by diverting and storing free riverin Gilcrest Reservoir. On behalf o fACWWA, United leased 500 acre-feet ofstorage in Gilcrest Reservoir from GilcrestReservoir, LLC. Water stored in GilcrestReservoir under this appropriation will beused in ACWWA’s 2014-2015 SubstituteWater Supply Plan. ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation on November 13, 2013.4.3. Date Water First Applied to BeneficialUse. Not applicable. 5. Source of the Wa-ter. South Platte River. 6. AmountClaimed. 500 acre-feet, conditional, withone refill in the amount of 500 acre-feetper year conditional. 7. Uses. Applicantsseek a decree granting the right to use theabove-described conditional water right asfollows: 7.1. Directly or as a source of re-placement supply pursuant to the plan foraugmentation claimed in Case No.10CW306 for delivery to ACWWA’s ser-vice area from the ACWWA/ECCV WellField located in the Beebe Draw. 7.2. Fordelivery to recharge in the Beebe Drawpursuant to the recharge projects claimedin Case No. 10CW306 to include the con-ditional water right as an additional sourceof replacement water. 7.3. As a source ofsubstitute supply for the substitution andexchange sought in the application, as itmay be amended, in Case No. 09CW283,filed on behalf of ACWWA and United.7.4. Directly or as a source of replace-ment supply for the 70 Ranch Augmenta-tion Plan pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service area.7.5. Delivery to recharge on the 70 Ranchas claimed in Case No. 10CW306 to in-clude the conditional water right as an ad-ditional source of replacement water. 7.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Gilcrest Reservoir.Gilcrest Reservoir is owned by GilcrestReservoir, LLC, 9191 Towne CentreDrive, Suite 210, San Diego, CA 92122.8.2. Jay Thomas Diversion Dam. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy Inc., 1800 Lar-imer Street, Suite 1300, Denver, CO80202. The facility will only be used withthe permission of Public Service Com-pany. WHEREFORE, ACWWA and Unitedrequest that the Court enter a decreegranting the conditional water storageright, and for such other relief it deemsproper. (6 pages; 1 exhibit page)

Government Legals

United Wa-ter and Sanitation District, acting directlyand by and through the United Water andSanitation District ACWWA Enterprise(“United”), c/o Robert Lembke, 8301 EastPrentice Avenue #100, Greenwood Vil-lage, Colorado 80111, (303) 785-3585.APPLICATION FOR A CONDITIONALWATER RIGHT, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. Pleasesend all pleadings and correspondence to:Brian M. Nazarenus, Esq., Sheela S.Stack, Esq., Susan M. Ryan, Esq., RY-LEY CARLOCK & APPLEWHITE, 1700Lincoln, Suite 3500, Denver, Colorado80203, (Attorneys for ACWWA); Tod J.Smith, Esq., THE LAW OFFICE OF TODJ. SMITH, LLC, 1007 Pearl Street, Suite220, Boulder, Colorado 80302, (Attorneyfor United). 2. Name of Structure. 2.1.Gil-crest Reservoir. Gilcrest Reservoir is anoff-channel reservoir located within a partof Section 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West of the6th P.M., Weld County, Colorado. Gil-crest Reservoir is a lined gravel pit. Amap showing the location of GilcrestReservoir is attached as Exhibit 1. 2.2.Use of Gilcrest Reservoir. Gilcrest Reser-voir, L.L.C. owns the structure referred toin this Application as “Gilcrest Reservoir.”Nothing in this Application shall be con-strued to create any right on the part ofACWWA or United to utilize land or struc-tures owned by others, including, but notlimited to, Gilcrest Reservoir and otherstructures or reservoirs for the diversion,carriage, or storage of water. ACWWAand United may not utilize any such landor structures until it has acquired the legalright to do so. 3. Name of the DiversionFacilities Used to Fill Gilcrest Reservoirand Outlet Structures. 3.1. GilcrestReservoir Points of Diversion. One pointof diversion for Gilcrest Reservoir will belocated adjacent to the Jay Thomas DitchDiversion Dam and will be located on theeast bank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado (referred toas the “South Diversion”). A second pointdiversion will be located on the SouthPlatte River downstream of the conflu-ence with the St. Vrain River in the NE1/4of the SW1/4 of Section 26, Township 4North, Range 67 West of the 6th P.M.,Weld County Colorado (referred to as the“North Diversion”). 3.2. Gilcrest Reser-voir Outlet Structures. Gilcrest Reservoirhas several outlets with the capability ofreturning water to the South Platte Riverat the following locations; (1) the SE1/4 ofthe NW1/4 of Section 2, Township 3North, Range 67 West of the 6th P.M.,Weld County, Colorado; (2) the NW1/4 ofthe NW1/4 of Section 35, Township 4North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (3) theSW1/4 of the NE1/4 of Section 26, Town-ship 4 North, Range 67 West of the 6thP.M., Weld County, Colorado. 4. Appro-priation Information. 4.1. Date of Appro-priation. September 13, 2013. 4.2. HowAppropriation Was Initiated. On Septem-ber 13, 2013, ACWWA initiated this appro-priation by diverting and storing free riverin Gilcrest Reservoir. On behalf ofACWWA, United leased 500 acre-feet ofstorage in Gilcrest Reservoir from GilcrestReservoir, LLC. Water stored in GilcrestReservoir under this appropriation will beused in ACWWA’s 2014-2015 SubstituteWater Supply Plan. ACWWA’s Board ofDirectors passed a Resolution approvingthis appropriation on November 13, 2013.4.3. Date Water First Applied to BeneficialUse. Not applicable. 5. Source of the Wa-ter. South Platte River. 6. AmountClaimed. 500 acre-feet, conditional, withone refill in the amount of 500 acre-feetper year conditional. 7. Uses. Applicantsseek a decree granting the right to use theabove-described conditional water right asfollows: 7.1. Directly or as a source of re-placement supply pursuant to the plan foraugmentation claimed in Case No.10CW306 for delivery to ACWWA’s ser-vice area from the ACWWA/ECCV WellField located in the Beebe Draw. 7.2. Fordelivery to recharge in the Beebe Drawpursuant to the recharge projects claimedin Case No. 10CW306 to include the con-ditional water right as an additional sourceof replacement water. 7.3. As a source ofsubstitute supply for the substitution andexchange sought in the application, as itmay be amended, in Case No. 09CW283,filed on behalf of ACWWA and United.7.4. Directly or as a source of replace-ment supply for the 70 Ranch Augmenta-tion Plan pursuant to the plan for aug-mentation claimed in Case No. 10CW306for delivery to ACWWA’s service area.7.5. Delivery to recharge on the 70 Ranchas claimed in Case No. 10CW306 to in-clude the conditional water right as an ad-ditional source of replacement water. 7.6.For all municipal, industrial, and irrigationuses, including but not limited to domestic,irrigation, mechanical, manufacturing,commercial, industrial, drought protection,to meet future demands, exchange, aug-mentation and replacement, recharge,substitute supply, adjustment and regula-tion of water supply, including further ex-change with other water systems and withother water users, and for all other benefi-cial uses within the service area ofACWWA located in Arapahoe andDouglas Counties, as it now exists or mayexist in the future, and/or the service areaof others with whom ACWWA may con-tract to provide water, water delivery, andwater delivery infrastructure, including butnot limited to the East Cherry Creek Val-ley Water and Sanitation District. 7.7.ACWWA asks the Court to decree that ithas the right to use, reuse, successivelyuse and dispose of by sale, exchange,augmentation, or otherwise, to extinctionall water lawfully diverted and/or impoun-ded pursuant to the decree entered in thiscase. 8. Names and Addresses for theOwner of the Storage and Diversion Facil-ities Listed Above. 8.1. Gilcrest Reservoir.Gilcrest Reservoir is owned by GilcrestReservoir, LLC, 9191 Towne CentreDrive, Suite 210, San Diego, CA 92122.8.2. Jay Thomas Diversion Dam. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy Inc., 1800 Lar-imer Street, Suite 1300, Denver, CO80202. The facility will only be used withthe permission of Public Service Com-pany. WHEREFORE, ACWWA and Unitedrequest that the Court enter a decreegranting the conditional water storageright, and for such other relief it deemsproper. (6 pages; 1 exhibit page)




“Trust Us!”

Noticesaremeant tobenoticed.Readyourpublicnoticesandget involved!

Without public notices,the government wouldn’thave to say anything else.Public notices are a community’s windowinto the government. From zoningregulations to local budgets, governmentshave used local newspapers to informcitizens of its actions as an essential partof your right to know.You knowwhere tolook, when to look and what to look for tobe involved as a citizen. Local newspapersprovide you with the information youneed to get involved.


15-Color

Public Notice

NOTICE OF PROPOSED 2014 BUDGET AMENDMENT(Pursuant to 29-1-106, C.R.S.)

Board of County Commissionersof Elbert County, CO

NOTICE IS HEREBY GIVEN that a proposed 2014 budget amendment has been submitted to the Board of County Commissioners of Elbert County, CO. The

proposed budget amendment is available for inspection by the public in the Admin-istrative Office of Elbert County located at 215 Comanche Street, Kiowa, CO 80117. Such proposed budget amendment has been scheduled for a public hearing to be held at the regular board meeting of the Board of County Commission-ers on Wednesday, January 29, 2014 at 9:00 A.M. at 215 Comanche Street, Kiowa, CO 80117. Any interested elector of Elbert County may file any objections

to the proposed budget amendment at any time prior to the final adoption of the budget by the Board of County Commis-sioners.

BOARD OF COUNTY COMMISSIONERSOF ELBERT COUNTY, CO


Government Legals Government Legals

Notices aremeant to be noticed.Read your public notices and get involved!

When government takes action, it uses local newspapers to notifyyou. Reading your public notices is the best way to find out what ishappening in your community and how it affects you. If you don’tread public notices, you never know what you might miss.

Government Legals

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Rocking Horse project acquired Developers plan community with age-restricted component By Chris Michlewicz [email protected]

The new owners of a housing develop-ment — half of which is designated for an age-restricted retirement community — plan to jumpstart construction activity.

Rocking Horse, a 1,036-acre neighborhood off Inspiration Drive in the northeastern cor-ner of Douglas County, is now in the hands of Wheelock Street Capital, the same company that developed Anthem Colorado in Broom-fi eld.

Rocking Horse got off the ground in 2006, but the economic downturn put the project on hold indefi nitely. Sales only recently began to recoup, with 50 homes being sold in 2013. So far, there are only 150 occupied homes at the site.

Where some see a fl edgling housing devel-opment that has had trouble getting off the ground, Wheelock Street Capital sees oppor-tunity.

The company, which has developed 12 master-planned communities across the country, had a list of “very specifi c criteria” when it began shopping for a new project two years ago, said Jeff Handlin, president of Oread Capital and Development, the operat-ing partner for Wheelock.

“We wanted a large-scale master planned community that was in an area of high me-dian income and had high college graduate percentages,” Handlin said.

Wheelock found the “perfect confl uence” of enticing factors, he said, including imme-diate access to Denver International Airport and offi ce parks like Meridian and the Denver Technological Center. Wheelock subsidiary WS-RHA Development, LLC acquired the property and development rights from Rock-ing Horse Partners, LLC, on Jan. 6.

Wheelock and Oread Capital and Develop-ment are in the process of selecting between two and four homebuilders to construct the remainder of the community. It has not been determined whether the existing builders, Lennar Homes and Meritage Homes, will stay on. However, they will continue building on the limited number of lots they own in the in-terim.

Wheelock plans to take its time in deciding on the type of architecture, the size of lots and features in the homes. It will conduct exten-sive market research, analyze demographics and look at nearby subdivisions in part to help determine the “niches” that might be absent from the existing selection of homes in the area, Handlin said.

“We look at this as a 7- to 10-year project. We won’t rush decisions that set the tone for this neighborhood,” he said. “We’d rather take our time to get feedback from the residents.”

Wheelock has already decided to begin in-stalling infrastructure in the fi rst half of 2014

for an as-yet-unnamed 55-and-older retire-ment community comprising roughly half of the available land. Brisk sales at Heritage Eagle Bend, a retirement village near E-470 and Gartrell Road, are a good indicator of the “massive demand” for an active adult com-munity, Handlin said.

The age-restricted portion of the devel-opment will be constructed on the western half of the land and boast a ranch-style home product that’s different from the rest of Rock-ing Horse. It will also have its own amenities and homeowners’ association. The idea is to “create separation, but promote integration,” Handlin says.

“People want to be close to their kids and grandkids,” he said.

If everything goes according to plan, new homes in the non-age restricted part of Rock-ing Horse will start to pop up in late 2014 or early 2015. The average closing price for ex-isting homes in Rocking Horse is in the low $400,000s.


16-Color

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