16
News Elbert County ourelbertcountynews.com May 16, 2013 75 cents A Colorado Community Media Publication Elbert County, Colorado • Volume 118, Issue 16 Printed on recycled newsprint. Please recycle this copy. POSTAL ADDRESS Elizabeth Fire practices rope rescues Agencies heed lessons of Castlewood Canyon By Rhonda Moore [email protected] A day devoted to rope training was designed to improve interagency tactics for Elizabeth Fire Protection District and other emergency responders. Elizabeth joined agencies from Castle Rock, Franktown and Larkspur to hone their skills on cliffs such as those in the Castlewood Canyon State Park, widely used by recreational climbers. The May 7 training was prompted by a Christmas Day steep-terrain rescue in the park that called on a team of 20 responders from Douglas County and Franktown. The Christmas Day 2012 rescue re- quired the help of Douglas County’s search and rescue team. The team was joined by Franktown firefighters to rescue a 20-year-old man who had fallen about 50 feet when he slipped near the park wa- terfalls. While the man was brought to safety within about two hours of the call, the experience moved agencies to include multi-agency rope training to their 2013 list. “In Franktown, we have Castlewood Canyon with a lot of recreational climb- ing,” said Ryan Bray, Franktown firefight- er. “We found we need to familiarize our- selves with the capabilities of surrounding agencies. Different skills call for different thought processes, and this is a skill we need to practice and improve.” Bray helped lead the day of training on a cliff east of Castle Rock with terrain similar to that at Castlewood Canyon. The training was made up of three sessions throughout the day, to include firefighters from all agencies and all shifts. To mimic a complicated rescue, the cliff was selected for its 90-degree drop, calling for the use of a tripod pivotal to a successful rescue. The tripod is set near the cliff’s edge to add height at the peak of the climb, giving rescuers who are Travis Tinnes, firefighter/EMT with the Elizabeth Fire Protection District, anchors the ropes for a rescue training May 7 outside of Castle Rock. The training included firefighters from four area agencies, and was prompted by last year’s Christmas Day rescue at Castlewood Canyon State Park. Photo by Rhonda Moore Town officials settle into their new digs Site that housed chocolate shop was purchased from bank By Rhonda Moore rmoore@ourcoloradonews. com Elizabeth’s town offices have a new place to call home, with a new town hall steps from the town’s longtime digs. The town in February cel- ebrated the grand opening of town hall, and on May 4 added the building to its list for some sprucing up. The new build- ing was among those slated for cleanup during Elizabeth Clean Up day, with a new coat of paint on the exterior hand- rail that welcomes visitors. The new town hall is at 151 S. Banner Street, former home of The Banner House chocolatiers. The town bought the bank-owned building for $225,000 in January 2012 and by year’s end, moved town staff into the refurbished space. “It is fantastic,” said Eliza- beth Police Chief Mike Phibbs. “It is a much better facility to conduct town business than we had before.” The new town hall is less than a block down the street from the former town hall, which served its purpose for more than 30 years. Upon pur- chasing the new space, the town embarked on a remodel- ing effort that transformed the former storefront to house the town’s planning department, Elizabeth celebrated the grand opening of its town hall in February. The building is the former Banner House chocolate store at 151 S. Banner St. Photo by Rhonda Moore Paving project sets tone Small stretch of road is precursor to major construction work By Rhonda Moore [email protected] Travelers on Colorado Highway 86 re- cently had a chance to experience what’s to come later this summer, when CDOT begins a paving project from Elizabeth to Franktown. The Colorado Department of Transpor- tation on May 6 conducted maintenance on a short segment of the highway, adding a coat of new asphalt to the road’s surface. The project was completed in about a day, with nearly a dozen paving trucks on site to put a half-inch coat of new asphalt on about 1,000 feet of the road just west of Elizabeth. Traffic was down to one lane during the project, with flaggers managing cars in both directions. The resulting traffic delays gave drivers an idea of the larger-scale project set to begin before summer’s end. CDOT is scheduled to repave the high- way from Franktown to Elizabeth in a proj- ect expected to last about three months, said Bob Wilson, CDOT spokesman. The Highway 86 repaving project will be- gin in August and is scheduled for comple- tion in October, Wilson said. The project will include removal of the existing road surface and application of two inches of as- phalt, he said. “This (May 6 project) is a very short seg- ment,” Wilson said. “When maintenance crews do it, they do a skim layer to maintain the roadway until a bigger paving project comes through. That bigger paving project will be much longer-lasting.” CDOT has yet to schedule a start date for the repaving project. More information will be provided before construction begins, Wilson said. Mental-health bill passes Legislature Hickenlooper requested action in wake of Aurora shootings By Vic Vela [email protected] A bill that will pump nearly $20 million into the creation of a statewide mental health crisis response system passed the Legislature last week. Senate Bill 266, which was a major fund- ing priority for Gov. John Hickenlooper this legislative ses- sion, passed the House on May 6, following a bipar- tisan vote of 44- 21. It had already cleared the Sen- ate. Sen. Linda Newell, D-Littleton, called the bill “historic legislation.” “When it comes to mental health fund- ing in Colorado, we have never funded it appropriately,” Newell said during a recent Senate debate. “I honestly believe this bill will save lives.” The bill creates a 24-hour mental health Capitol Report Ropes continues on Page 15 Crisis continues on Page 15 Town hall continues on Page 15 FACTS ABOUT ELIZABETH’S TOWN HALL DATE OF PURCHASE: Jan. 24, 2012 MOVE-IN DATE: Dec. 14, 2012 PURCHASE PRICE: $224,827.87 REMODELING PRICE, INCLUDING ARCHITECT FEES, CONTRACTOR AND FURNISHINGS: $125,172.13 TOTAL 2012 BUDGET FOR THE PROJECT: $350,000 NEW TOWN HALL SQUARE FOOTAGE: 6,877 OLD TOWN HALL SQUARE FOOTAGE: 2,868

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Page 1: Elbert County News  051613

Elbert County News

NewsElbert County

ourelbertcountynews.com

May 16, 2013 75 centsA Colorado Community Media Publication

Elbert County, Colorado • Volume 118, Issue 16

Printed on recycled newsprint. Please recycle this copy.

POSTAL ADDRESS

Elizabeth Fire practices rope rescuesAgencies heed lessons of Castlewood CanyonBy Rhonda [email protected]

A day devoted to rope training was designed to improve interagency tactics for Elizabeth Fire Protection District and other emergency responders.

Elizabeth joined agencies from Castle Rock, Franktown and Larkspur to hone their skills on cliffs such as those in the Castlewood Canyon State Park, widely used by recreational climbers. The May 7 training was prompted by a Christmas Day steep-terrain rescue in the park that

called on a team of 20 responders from Douglas County and Franktown.

The Christmas Day 2012 rescue re-quired the help of Douglas County’s search and rescue team. The team was joined by Franktown firefighters to rescue a 20-year-old man who had fallen about 50 feet when he slipped near the park wa-terfalls.

While the man was brought to safety within about two hours of the call, the experience moved agencies to include multi-agency rope training to their 2013 list.

“In Franktown, we have Castlewood Canyon with a lot of recreational climb-ing,” said Ryan Bray, Franktown firefight-er. “We found we need to familiarize our-

selves with the capabilities of surrounding agencies. Different skills call for different thought processes, and this is a skill we need to practice and improve.”

Bray helped lead the day of training on a cliff east of Castle Rock with terrain similar to that at Castlewood Canyon. The training was made up of three sessions throughout the day, to include firefighters from all agencies and all shifts.

To mimic a complicated rescue, the cliff was selected for its 90-degree drop, calling for the use of a tripod pivotal to a successful rescue. The tripod is set near the cliff’s edge to add height at the peak of the climb, giving rescuers who are

Travis Tinnes, firefighter/EMT with the Elizabeth Fire Protection District, anchors the ropes for a rescue training May 7 outside of Castle Rock. The training included firefighters from four area agencies, and was prompted by last year’s Christmas Day rescue at Castlewood Canyon State Park. Photo by Rhonda Moore

Town officials settle into their new digsSite that housed chocolate shop was purchased from bankBy Rhonda [email protected]

Elizabeth’s town offices have a new place to call home, with a new town hall steps from the town’s longtime digs.

The town in February cel-ebrated the grand opening of town hall, and on May 4 added the building to its list for some sprucing up. The new build-ing was among those slated for cleanup during Elizabeth Clean Up day, with a new coat of paint on the exterior hand-rail that welcomes visitors.

The new town hall is at

151 S. Banner Street, former home of The Banner House chocolatiers. The town bought the bank-owned building for

$225,000 in January 2012 and by year’s end, moved town staff into the refurbished space.

“It is fantastic,” said Eliza-

beth Police Chief Mike Phibbs. “It is a much better facility to conduct town business than we had before.”

The new town hall is less than a block down the street from the former town hall, which served its purpose for more than 30 years. Upon pur-chasing the new space, the town embarked on a remodel-ing effort that transformed the former storefront to house the town’s planning department,

Elizabeth celebrated the grand opening of its town hall in February. The building is the former Banner House chocolate store at 151 S. Banner St. Photo by Rhonda Moore

Paving project sets toneSmall stretch of road is precursor to major construction workBy Rhonda [email protected]

Travelers on Colorado Highway 86 re-cently had a chance to experience what’s to come later this summer, when CDOT begins a paving project from Elizabeth to Franktown.

The Colorado Department of Transpor-tation on May 6 conducted maintenance on a short segment of the highway, adding a coat of new asphalt to the road’s surface. The project was completed in about a day, with nearly a dozen paving trucks on site to put a half-inch coat of new asphalt on about 1,000 feet of the road just west of Elizabeth.

Traffic was down to one lane during the project, with flaggers managing cars in both directions. The resulting traffic delays gave drivers an idea of the larger-scale project set to begin before summer’s end.

CDOT is scheduled to repave the high-way from Franktown to Elizabeth in a proj-ect expected to last about three months, said Bob Wilson, CDOT spokesman.

The Highway 86 repaving project will be-gin in August and is scheduled for comple-tion in October, Wilson said. The project will include removal of the existing road surface and application of two inches of as-phalt, he said.

“This (May 6 project) is a very short seg-ment,” Wilson said. “When maintenance crews do it, they do a skim layer to maintain the roadway until a bigger paving project comes through. That bigger paving project will be much longer-lasting.”

CDOT has yet to schedule a start date for the repaving project. More information will be provided before construction begins, Wilson said.

Mental-health bill passes LegislatureHickenlooper requested action in wake of Aurora shootingsBy Vic [email protected]

A bill that will pump nearly $20 million into the creation of a statewide mental health crisis response system passed the Legislature last week.

Senate Bill 266, which was a major fund-ing priority for Gov. John Hickenlooper this legislative ses-sion, passed the House on May 6, following a bipar-tisan vote of 44-21. It had already cleared the Sen-ate.

Sen. Linda Newell, D-Littleton, called the bill “historic legislation.”

“When it comes to mental health fund-ing in Colorado, we have never funded it appropriately,” Newell said during a recent Senate debate. “I honestly believe this bill will save lives.”

The bill creates a 24-hour mental health

CapitolReport

Ropes continues on Page 15

Crisis continues on Page 15Town hall continues on Page 15

FacTs abouT ElizabETh’s Town hall

Date of Purchase: Jan. 24, 2012

Move-in Date: Dec. 14, 2012

Purchase Price: $224,827.87

reMoDeLing Price, incLuDing architect fees, contractor anD furnishings: $125,172.13

totaL 2012 buDget for the Project: $350,000

new town haLL square footage: 6,877

oLD town haLL square footage: 2,868

Page 2: Elbert County News  051613

2 Elbert County News May 16, 2013

2-Color

Markets sprout, and farmers surviveThe early morning chill, left over from

winter’s most recent unwelcome blast, settles along the quiet street where blue and white canopies have popped up like overdue buds, signaling the arrival of the season’s first farmers market.

Soft music, lingering from a nearby restaurant, punctures the hush, along with occasional laughter and voices from vendors as they ready tables with wares and hopes for a good day.

Danish bakery workers pull sugar-crusted strudels — apricot and apple raisin — from their truck to shelves along the sidewalk. Nearby is the homemade peanut butter woman and the Angus beef man and the cheerful El Salvador cook.

At the end is the farmer.He is 63, the great-grandson of a

farmer who bought a plot of land 108 years ago in Welby, between Denver and Thornton, off North Washington Street. Today, he has 80 acres in Hudson, a country town of 2,300 northeast of Den-ver on Interstate 76, a solid hour-and-15-minute drive to the Sunday market in Highlands Ranch.

He stands next to his white truck, watching the market unfold, an ever-present cigarillo clutched in a weathered hand that tells a story of a working life rooted in the soil. He is a content man whose easy smiles crinkle soft grooves around blue eyes that peer intently from a sun-worn face.

“I might not be farming today if it weren’t for the markets,” Alan Mazzotti says. “They’ve kept us in business.”

And they’ve kept us, the customers, connected to a less complicated time, when people knew who had grown the food on their table — a slice of knowl-edge that cultivated gratitude and nur-tured community.

Sean and Maria McAfee, married 22 years, can’t drive by a farmers market without stopping, whether it’s along the

coastal drive to San Francisco or in their hometown. When they lived in Evergreen, they visited the local market there every Tuesday. Now, in Highlands Ranch, they never miss a Sunday.

It’s a matter of principle and a matter of friendship.

Besides the benefit of fresh produce, “I’d rather pay a little more to support lo-cal people,” Maria says. “We’re big believ-ers in moving away from the Walmart-ization of the U.S.”

And, over the years, many vendors have become friends — the Angus beef man invited them to his wedding last year.

“They become part of the fabric of your life,” Maria says.

“We were so excited,” Sean says of the week leading up to opening day. “We were talking about this all week.”

They walk away, hand in hand, each with a small bag. Basil and oregano seed-lings in one, peanut butter, pasta and honey in the other.

This time, “we didn’t have a lot to buy,” Maria says. “It was seeing old friends.”

Colorado has more than 100 farmers markets, with about half in the Den-ver metro area, according to the state Department of Agriculture. They operate individually or through sponsoring or-ganizations. Most are seasonal, running from May through October, and their arrival seems to signal the start — finally

— of summer.The Metro Denver Farmers Market,

founded 36 years ago, is the oldest orga-nization. And that’s how long Mazzotti, an original member, has been selling at the outdoor markets, which he estimates have kept 70 percent of local farmers in business.

In fact, he says, most farmers grow specifically for the markets. He has corn, carrots, green beans, cauliflower, sweet corn, cucumbers, winter and summer squashes, parsley, basil. “I can’t think fast enough,” he says as he rattles off the list.

Farmers do have other outlets such as fruit and vegetable stands, garden centers and pumpkin patches. But they expect to earn most of their money in the summer markets.

They are, however, no longer just for farmers. Walk through any market and you’ll see the realization of a melting pot of dreams.

There’s the gourmet nut man, stir-ring almonds with a wooden paddle in a copper vat as a tantalizing aroma draws a crowd. There’s a local children’s book au-thor. And there’s Monse Perez Hines, the young Salvadoran wife of a military man, who drives up from Colorado Springs each week to sell curtido and pupusas, traditional foods she makes in her home which are so popular she always returns with empty coolers.

“I’ve received such great support from everyone here,” she says. And “I’ve been able to share my culture.”

And Evi Bujdoso of Hungary, selling Danish pastries. She wears a white apron, and her short, blond hair pokes out from beneath a white cap. A half hour from closing time, just a handful of strudels and a few croissants are left.

“We weren’t prepared all the way,” she says with a slight accent and a quick smile. “People were excited to see us back again.”

As vendors begin to pack up, Mazzotti stands by his truck, behind the tables and ground laden with pansies, petunias and geraniums in planters, baskets and trays. Herb seedlings, also from his greenhouse, sit in the canopy shade. It’s too early in the season for most vegetables and fruit.

The day’s proceeds: Just OK.“A little chilly,” he explains.But that’s all right. He’s reconnected

with many of his customers, some now friends, like the brothers in their 90s at the Auraria market in Denver that he’s known for 30 years and who even visit his farm at times.

Next week, he hopes to bring aspara-gus, spinach and lettuce with his flowers. Come June, he’ll be trucking loads of vegetables to six markets a week.

Down the row of vendors, he watches canopies folding shut — like tulips clos-ing at day’s end. Like the others, he loads up and heads for home.

“I’m tired,” he says. A smile quickly appears. “I’m getting older every day.”

And rest won’t come until the plants are back in the greenhouse, the truck is cleaned, the crops tended, the chores all done. Then, he’ll enjoy the peace of the land, the lack of pavement that traps heat, the friendliness of country neigh-bors.

“I have to make a living. I have to feed my family, too.” But more than anything, he says, working the land and sharing its yield with the rest of us, “is a way of life.”

A farmer’s life. And a good life.

You’ll find farmers markets listed at www.coloradofarmers.org.

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

Page 3: Elbert County News  051613

Elbert County News 3 May 16, 2013

3-Color

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Page 4: Elbert County News  051613

4 Elbert County News May 16, 2013

4

23Community papers

and websites.

400,000readers.

.com

Office: 9137 S. Ridgeline Blvd., Suite 210, Highlands Ranch, CO 80129PhOne: 303-566-4100A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media. PERI-ODICALS POSTAGE PAID AT ELIZABETH, COLORADO and additional mailing offices.POSTMASTeR: Send address change to: 9137 S. Ridgeline Blvd., Suite 210, Highlands Ranch, CO 80129DeADLineS: Display advertising: Thurs. 11 a.m.Legal advertising: Thurs. 11 a.m.classified advertising: Mon. 12 p.m.

elbert county news(USPS 171-100)

Hickenlooper gets big wins during sessionHowever, governor’s moderate reputation could take some hitsAssociated Press

As Gov. John Hickenlooper says goodbye to lawmakers for the year, he might want to send some of them thank-you cards — both for giving him what he wanted and for backing off from what he didn’t.

By the time the session conclud-ed May 8, Colorado’s Democratic governor had far more successes than setbacks. But he also gave detractors plenty of fodder to criti-cize the moderate reputation he’s worked to establish.

On May 9, Hickenlooper’s staff handed out a checklist of the priori-ties the governor asked lawmakers to take up in January. All the items were followed by check marks. It was the governor’s first legisla-tive term with fellow Democrats in charge of both chambers of the Leg-islature, and some questioned how he’d maintain a centrist position.

“People were saying that the Democrat majority in both hous-es would force me to veto a great number of bills,” Hickenlooper told reporters May 9.

“Our goal is to have a full com-munication at all times with both parties and really do our very best to make sure we don’t have to veto anything,” Hickenlooper said.

Lawmakers followed the gover-nor’s instructions to take steps in re-sponse to mass shootings last year, asking them to expand background checks on firearm purchases and increase services for the mentally ill. Lawmakers passed universal background checks — without Re-publican support — and approved a budget with nearly $20 million to establish walk-in and mobile crisis services and a 24-hour hotline.

Lawmakers also rejected several ideas Hickenlooper didn’t want to see on his desk. Those included a bill to repeal the death penalty and a series of measures to crack down on the oil and gas industry by step-ping in on a state commission that regulates the industry.

With the death penalty, a House committee scuttled a measure to end the penalty after Hickenlooper sent word he might veto it. On an-other measure, to set marijuana blood limits for drivers, senators rejected the bill but then approved an identical one after Hickenlooper sent a Twitter message urging its passage.

On other issues, Hickenlooper’s actions have yielded a mixed re-sponse. He’s angered Republicans over new gun restrictions, and many in the business community are upset for his signing of a bill that increases legal relief for discrimina-tion cases at companies with fewer than 15 employees.

“He’s picking and choosing what he wants to be part of his successes this year,” said Sen. Bill Cadman, the Republican Senate leader from

Colorado Springs.Legislative leaders said after the

session ended that deference to the governor only made sense.

“It made no sense to do all the work in the House and the Senate to get legislation, to send it to the gov-ernor and to have him veto it,” said Democratic House Speaker Mark Ferrandino of Denver.

On oil and gas regulations, seven of nine energy-regulating measures failed, many because of opposition from the governor. Several Demo-crats grumbled during the session that the governor was being heavy-handed. After the session ended, though, legislative leaders said they weren’t surprised by the governor’s stance on the regulators, who are appointed by the governor.

“It’s his division ... that regulates and enforces the laws. He of course would stand up for that,” said House Democratic Leader Dickey Lee Hullinghorst of Longmont. “I understand where he’s coming from.”

Her comments were especially forgiving, considering that she was the chief sponsor of a bill scuttled because of opposition from the governor, a plan to increase water-testing requirements for oil and gas wells in a populous part of the state.

Gov. John Hickenlooper gives the State of the State address Jan. 10. File photo

Page 5: Elbert County News  051613

Elbert County News 5 May 16, 2013

5

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 at9:00 & 10:45 amGrace is on the NE Corner of Santa

Fe Dr. & Highlands Ranch Pkwy.(Across from Murdochs)

You are invitedto worship with us:

CENTER FOR SPIRITUAL LIVINGAffiliated with United Church of Religious Science

Sunday Services 10 a.m.Castle Rock Recreation Center

2301 Woodlands Blvd, Castle Rockwww.OurCenterforSpiritualLiving.org 720-851-0265

Sunday Worship8:00 & 10:45 a.m.

Trinity Lutheran School & ELC(Ages 3-5, Grades K-8)

303-841-4660www.tlcas.org

Trinity Lutheran Church

& School

Abiding Word Lutheran Church

8391 S. Burnley Ct., Highlands Ranch

(Next to RTD lot @470 & University)

Worship ServicesSundays at 9:00am

303-791-3315 [email protected]

www.awlc.org

Sunday Worship8:00 am Chapel Service

9:00 & 10:30 am Sunday School 9:00 & 10:30 am

Open hearts. Open minds. Open doors.

www.st-andrew-umc.com303-794-2683

Preschool: 303-794-05109203 S. University Blvd.

Highlands Ranch, 80126

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.

www.SpiritofHopeLCMC.org

5755 Valley Hi DriveParker, CO303-941-0668

Pastor David FisherFellowship & Worship: 9:00 amSunday School: 10:45 am

Saturday 5:30pm

Sunday 8:00 & 10:3Oam

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

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

JoyLUTHERAN CHURCH, ELCA

E d u C a t i O n Sunday 9:15am

S E r v i C E S :Sunday Worship: 10:45AM & 6PM

Bible Study: 9:30AM Children, Young People & Adults

www.parkerbiblechurch.org

4391 E Mainstreet, Parker, Colorado 80134

Church Office – (303) 841-3836

Where people are excited about God’s Word.

Castle Rock Highlands Ranch Littleton ParkerParkerParker

Franktown

Hilltop United Church Of Christ

10926 E. Democrat Rd. Parker, CO

10am Worship Service www.hilltopucc.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, 9:15am, 10:30amSunday 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

Parker evangelicalPresbyterian church

Connect – Grow – Serve

Sunday Worship8:45 am & 10:30 am

9030 Miller roadParker, Co 80138

303-841-2125www.pepc.org

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

June 3-7 – Grades 1-8M – F: 9am–12pm– Free of Charge –

[email protected]

Rockin’ Out for JesusA Contemporary

Christian Choir Camp

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

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ELBERT COUNTY NEWS IN A HURRY True Value hardware hosts celebration

True Value of Elizabeth hosts a fi fth anniversary celebration from 8 a.m. to 5 p.m. May 18, at 175 W. Kiowa Ave. in Elizabeth, with hourly specials; a Bucket Sale offering 25 percent off everything that can fi t into a 5-gallon bucket (some restrictions will apply); a jump castle for the kids; scavenger hunts for kids and adults; drawings and giveaways; hot dogs for sale to benefi t the Elizabeth High School Future Business Leaders of America; and training for plumbing and electrical Do-it Yourselfers.

For more information call 303-646-2845.

Enjoy a Mother’s Day tea party

The Nurse Family Part-nership and Peace in Christ Church hosts a Mother’s Day Tea Party from 10 a.m. to noon May 18 at Peace in Christ Church, 236 Tabor St. in Elizabeth.

The tea party is for new moms, expecting moms and moms of all ages.

For more information

call Shelly Blazier at 719-343-5787.

Clean up the park for Stampede

The Elizabeth Stampede is seeking volunteers for Elizabeth Stampede Work Day from 8 a.m. to noon May 18 at Casey Jones Park, 4189 Highway 86 in Elizabeth.

Volunteers will help get the area ready for the rodeo, which is June 7-9. For more information visit www.elizabethstampede.com.

Open house set at equine center

The Dumb Friends League hosts an open house and adoption day from 10 a.m. to 3 p.m. May 18 at the Harmony Equine Center, 5540 E. Highway 86 in Franktown. The open house will include guided tours, horse trainings and demonstrations, with food and refreshments.

Horses will be available for adoption. No RSVP required.

For more information call 303-751-5772 or visit www.ddfl .org/equine.

Page 6: Elbert County News  051613

6 Elbert County News May 16, 2013

6-Opinion-Color

opinions / yours and ours

Elbert County News Colorado Community Media9137 S. Ridgeline Blvd., Suite 210, Highlands Ranch, CO 80129 Phone 303-566-4100 • Fax 303-566-4098

gerard healey President and Publisher

Chris rotar Editor

sCott gilBert Assistant Editor

erin addenBrooke Advertising Director

audrey Brooks Business Manager

sCott andrews Creative Services Manager

sandra arellano Circulation Director

ron ‘MitCh’ MitChell Sales Executive

Columnists and guest commentariesThe Elbert County News features a limited number

of regular columnists, found on these pages and else-where in the paper, depending on the typical subject the columnist covers. Their opinions are not necessar-ily those of the Elbert County News.

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

email your letter to [email protected]

Our team of professional reporters, photographers and editors are out in the community to bring you the news each week, but we can’t do it alone.

Send your news tips, your own photographs, event information,

letters, commentaries... If it happens, it’s news to us. Please

share by contacting us at [email protected], and we will take it from there.

After all, the News is your paper.

we’re in this togetherWe welcome event listings and other submissions. news and Business Press releases Please visit ourcoloradonews.com, click on the Press releases tab and follow easy instructions to make submissions.Calendar [email protected] notes [email protected] accomplishments, honor roll and dean’s list [email protected] [email protected] [email protected] subscribe call 303-566-4100

Making time for the important thingsI heard the coolest story the other day

so I thought I would share it with you all because I found it to be just so very mean-ingful and powerful.

A very close friend of mine was attend-ing church last Sunday and she shared with me the message that was delivered during the Mass by the deacon of the church. And although I will try and capture the details, it is really the essence of the message I hope I can pass along.

The deacon shared that every night at 6 in his home all the cell phones, televisions, and anything that would be considered an intrusion on their time is turned off and that he and his wife just talk for 90 min-utes.

They make time for each other; more importantly, it is uninterrupted time.

I found myself questioning my own ap-proach as I talk a lot about focusing on the important things in life, but this was a tac-

tical approach that I thought I could abide by. As a matter of fact, a year or so ago someone else from the community shared with me that not just at 6 at night, but every Sunday is family time and that their entire family turns off their cell phones on Sunday as they spend time together.

So why am I sharing this with you again now? Good question and thanks for asking.

You see, in cleaning out my home re-cently I found a deck of cards with a score

sheet folded under it. It was a score sheet that had a game that was only partially completed. My wife and I used to play cards or backgammon in the evenings and apparently the last time we played, we left the game unfinished, believing we would have time to get back to it one day. That day never came as unfortunately my wife lost her long battle to pancreatic cancer last month.

Many of you in the community have been awesome supporters through prayers and well wishes.

So I wanted to thank you all for staying with us and for your compassion during the entire battle. More than that, I wanted to give you all the gift of remembering what is truly important and that is our rela-tionships, whether they are romantic, fam-ily, or simply close personal friendships.

Do you have a game in your own life that is left halfway finished? A conversa-

tion that needs to be completed? A feeling that should be shared or made abundantly clear? Do you regularly make time for those you hold the closest in life? Uninterrupted time, no televisions, no cell phones, or no outside interferences? The good news is that if you are reading this column, you can still make time for the important things in life … each other.

Thank you again from my entire family. I am in awe of the community and appreci-ate you all so very much. I would love to hear all about how you make time for the most important things at [email protected] because when you do, there is no doubt that it will be a better than good week.

Michael Norton, a resident of Highlands Ranch, is the former president of the Zig Ziglar organization and CEO and founder of www.candogo.com

Choose carefully during record highs

Now that we hit the record highs on sev-eral of the stock market indexes, it is time to be choosy about future investments. This reminds me of a famous commercial when I was growing up with the mantra “Choosy mothers chose Jif.” Well, now that markets have more than doubled off their low points, investors can afford to be selec-tive. In the peanut butter analogy, you can afford to buy the best.

The real question is how to be selective trying to invest in a market that feels like you are paying too much for anything you consider. Here is a primer our investment committee recommends when working with your adviser.

1. Determine the length of time for your portfolio. If it is longer than a full business cycle of seven to ten years, don’t worry about what point you are buying in. The strategy and allocation is much more important than the timing.

2. Build a strategy based on proper diversification for your time frame and risk budget. This allows you to add a variety of different types of investments, some of which may not be at a high-water mark yet.

3. Seek the best “risk-adjusted” returns for each piece of your portfolio. “This means you want to research additions to your portfolio based on risk first,” says KFS Investment Analyst Greg Richards, CFP. Returns are actually a byproduct of how much volatility you are willing to accept. This can help avoid the short-term high flyers and direct you more towards long-

term consistency.4. Consider what category you are add-

ing more money to and how that category is performing. If you have an opportunity to buy lower in a different sector, consider putting money to work in the undervalued asset class first. Dollar cost average by investing in smaller sums over a period of time to get average pricing over good and bad months. This will lessen some of the pain when the market corrects.

5. Resist the urge to only buy the best performers. In fact, you may want to con-sider trimming those categories by taking some profits off the table in those asset classes and using the proceeds to buy in areas that are not yet overvalued.

Richards, who heads up the invest-ment committee, reviews over 20 different metrics before investing. He suggests at a minimum, investors wanting to get into the market at these levels should at least

You can kiss my coffee tableToday’s theme is euphemisms. We use

them all the time, knowingly or not.“A euphemism is a generally innocuous

word or expression used in place of one that may be found offensive or suggest something unpleasant,” says Wikipedia’s entry on the topic.

“Some euphemisms are intended to amuse, while others use bland, inoffensive, and often misleading terms for things the user wishes to dissimulate or downplay.”

Well, you can kiss my coffee table. I use euphemisms all of the time that are not in-tended to mask something that is offensive or impolite, as you will see.

What is a euphemism for “euphemism”? Beats me. The word comes from the Greek (Don’t they all?), meaning “the use of words of good omen.” How did we get from that to dissimulating unpleasantries?

How many of you were given euphe-misms as a child?

Parents say the darndest things. Mine referred to One (of One and Two) as “dooty,” which phonetically is “duty.” When I heard my teacher say “It is your duty,” I wet my pants.

W.C. Fields used to say “Mother of Pearl!” which always sounded like a pro-fanity. He’d yell “Godfrey Daniel” when something went wrong. I’d name my kid Godfrey Daniel.

In case you are wondering (I did), there are people named Godfrey Daniel and Godfrey Daniels. I’d like to meet their parents, to find out if it was an intentional choice coming from Fields, or if they were oblivious.

Language is where I have fun. It’s where I have the most fun. Don’t take me out to the ball game, although there is always the national anthem, and “Jose, can you see?”

The first time I heard the Lord’s Prayer, I thought, “This is great. They have art classes in heaven.” You know? “Our Father who art in heaven.”

Most of the time we speak in predict-able patterns, and it makes it very easy to finish someone’s sentences. Unless they are good with euphemisms, then you

never know what to expect. “Go jump in a _______, you _______,” is a wide-open op-portunity for a wordsmith.

There’s something called reverse un-derstatements (litotes). “He’s not very tall,” really means “He’s a shrimp.”

Using “challenged” is another way of speaking around an expression. A shrimp, then, is “vertically challenged.” Safer, but not very interesting, is it?

Wikipedia again: “Connotations eas-ily change over time. `Idiot,’ `imbecile,’ and `moron’ were once neutral terms for a developmentally delayed adult with the mental age comparable to a toddler, preschooler, and primary school child, respectively.” Now we have “developmen-tally delayed.”

Euphemisms became more and more common and mandatory the longer I taught. Words that I used in the 1970s were unacceptable 30 years later.

It got tricky sometimes, because so many words have implications that they didn’t before. Golfers still have handicaps, but no one else does. Don’t even think about saying “crippled.”

Our African art historian prohibited the use of the “primitive” to describe primi-tive art. I might not have passed her class. “Primitive” is offensive, my noodle salad. I would have written it over and over on her Godfrey Daniel final exam.

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

Kummer continues on Page 7

Page 7: Elbert County News  051613

Elbert County News 7 May 16, 2013

7-Color

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All entry forms and payment are due May 15th. Contact Heidi Erzen for an entry form at:

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research some basic risk measures. Review downside capture, active share, standard deviation and Sharpe ratio to get a feel for how a manager may perform in various market conditions.

The current performance may not be a good indication of how sustainable your returns will be over your time frame.

Patricia Kummer has been an independent Certified Financial Planner for 26 years and is president of Kummer Financial Strate-gies Inc., a Registered Investment Advisor in Highlands Ranch. She welcomes your ques-tions at www.kummerfinancial.com or call the economic hotline at 303-683-5800.Any material discussed is meant for informa-tional purposes only and not a substitute for individual advice. Investing is subject to risks including loss of principal invested. Investors cannot purchase an index directly; these are used as a benchmark only.

Stoned-driving limit passes LegislatureGovernor expected to sign measure into lawBy Vic [email protected]

It’s been a long and winding road, but the Colorado General Assembly has finally passed a driving-stoned standard for mo-torists.

The measure — which is expected to be signed into law by Gov. John Hickenlooper — establishes a marijuana blood standard by which it is illegal to get behind the wheel.

“Smoke and walk. Smoke and take the bus. Smoke and grab a cab. Smoke and call a friend. Smoke and ride a horse. Smoke and take the light rail,” said Sen. Steve King, R-Grand Junction, a bill sponsor, during a

recent Senate debate. “Just don’t smoke and drive. Your life and

every other citizen’s life on the highway is at risk.

The bill passed the Senate May 7 on a 23-12 vote, after it had previously cleared the House by an even wider margin.

The bill limits drivers to five nanograms per milliliter of blood for active THC, mari-juana’s psychoactive ingredient.

But that limit would be known as a “per-missible inference” standard by which a person is considered to be under the influ-ence of the drug.

However, a defendant can rebut in court whether he or she was actually impaired.

That’s different from a strict “per se” standard, such as the 0.08 percent blood-alcohol concentration used to prosecute drunken drivers.

Opposition to the bill knew no party

lines. Sen. Pat Steadman, D-Denver, voted no on the legislation, arguing that there are laws already on the books that make it ille-gal for people to drive while impaired.

“What’s the problem we’re trying to solve here?” Steadman said.

And Sen. Kevin Lundberg, R-Berthoud, cautioned that a driving-stoned limit could lead to “too many false positives,” due to residual amounts of the drug being in the bloodstream of a person who regularly smokes the drug, but may not have been stoned behind the wheel at the time of ar-rest.

“We should not be convicting people who are not guilty of driving while im-paired,” Lundberg said.

Sen. Andy Kerr, D-Lakewood, had voted no on setting stoned-driving limits in the past, but voted yes on this “reasonable” piece of legislation, this time around.

“With all of the lines we have to draw here at the Capitol … I think we have to draw a line at some point (on driving stoned),” Kerr said.

Members of the Capitol press corps dubbed the effort the “zombie bill” because it continued to surface at the legislature, in spite of having suffered multiple deaths.

The bill had failed four times in previous years — and it even suffered two separate deaths before it finally passed this session.

The original bill passed the House, but failed in a Senate committee.

A driving-stoned standard was then tacked on in the form of an amendment to an Amendment 64 regulation bill, before it was stripped from that legislation by a sep-arate committee.

The bill’s House sponsors were House Minority Leader Mark Waller, R-Colorado Springs, and Rep. Rhonda Fields, D-Aurora.

Continued from Page 6

Kummer

Extra! Extra!Have a news or business story idea? We'd love to read all about it. To send us your

news and business press releases, please visit ourcoloradonews.com, click on the Press

Releases tab and follow easy instructions to make submissions.

Page 8: Elbert County News  051613

8 Elbert County News May 16, 2013

8-Color

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With pot legal, here come the laws Legislature wraps up work on package of bills By Vic Vela [email protected]

The state Legislature may have passed rules involving sales and usage of recre-ational marijuana in Colorado, but that doesn’t mean there aren’t unresolved issues surrounding the newly created industry.

Questions loom as to whether voters will support the tax model that legislators put in place to support retail pot regulations, and whether the federal government will inter-vene.

Still, lawmakers believe they did good work creating laws to regulate an industry where every movement is in uncharted ter-ritory.

“Given the short time frame, I think we’ve done the best job we possibly could,” said Rep. Dan Pabon, D-Denver, a major driver of pot legislation this session. “This was the project I undoubtedly spent the most amount of time on this session, to make sure we got it right.”

Pabon was the sponsor of House Bill 1317, which creates regulations for opera-tion of retail marijuana stores. Retail pot shops are to open beginning Jan. 1, under supervision of the Department of Revenue.

There will be limits as to what retail marijuana stores can and cannot do, as well as how much marijuana consumers

are allowed to purchase. Some late-session amendments to the pot legislation would have allowed out-of-state residents to pur-chase greater amounts of the drug, as well as to permit the existence of marijuana clubs, where people could congregate to use the drug. However, those amendments failed.

Sen. Cheri Jahn, D-Wheat Ridge, along with Pabon, was instrumental in craft-

ing the Amend-ment 64 bills. She opposed those amendments, and said it’s important for the state to go slow in rolling out the new industry.

Marijuana use and sales are illegal under federal law, and the U.S. Attorney’s Offi ce has yet to provide insight as to how it will respond to the new legislation. So, lawmak-ers like Jahn say they wanted to make sure they put in place regulations that support strong oversight and that also keep the drug away from children.

“We have so much to lose if we don’t do this right,” Jahn said. “And because we have so many ‘I don’t know what I don’t knows,’ I just think we have to move really cautious-ly.”

But regulations surrounding the indus-try are bound to change, and lawmakers certainly will address many other pot-relat-ed issues in the coming years.

“It’s been 80 years since Prohibition and

were still passing alcohol laws today,” said Pabon. “We’ve had 80 years to protect that system. We’ve had six months to implement this one.”

Voters to rule on taxAnother key piece of Amendment 64

legislation came in the form of House Bill 1318, which will ask voters to support a 15 percent excise tax, and an initial 10 percent sales tax on retail marijuana.

House Republicans unanimously op-posed the bill, even though the bill received bipartisan support in the Senate. Rep. Frank McNulty, R-Highlands Ranch, cau-tioned that if voters do not approve the tax, the money could end up coming out of the state’s general fund.

“It was an issue of making sure we were protecting the state,” McNulty said. “We supported suspending retail operations if the tax doesn’t pass. If the tax doesn’t pass ... and if you’re not putting other options in front of voters, everything that state gov-ernment does is vulnerable.”

Fears over what the voters might end up doing in November led to a late-session ef-fort aimed at a partial repeal of Amendment 64, one that was supported by McNulty.

The resolution called for the suspension of retail marijuana sales if the pot taxes are not supported by voters. It would not have affected the decriminalization aspect of Amendment 64, so it still would have been legal to smoke the drug.

However, that legislation died almost as

quickly as it was introduced in the Senate.Democratic Senate President John Morse

teamed up with fellow Colorado Springs Sen. Bill Cadman, the chamber’s minor-ity leader, to introduce the legislation. The resolution passed in a hastily scheduled committee hearing, just three days before the session ended. But it was never brought to the fl oor of the Senate for consideration.

Morse said he “didn’t have the votes” to get the resolution passed. But he said he hoped the crafting of the legislation sent a message to the pro-Amendment 64 lobby, that they need to ensure the tax rate passes in November.

Pabon said he didn’t think the partial re-peal effort “ever would have gotten out of (a House) committee, let alone to the fl oor.”

“At the end of the day, the voters have already spoken about this issue and they don’t need to take another vote on it,” Pa-bon said.

Gov. John Hickenlooper said he’s confi -dent that Amendment 64 backers will work with lawmakers in making sure that the tax-es pass in November, so that the state isn’t stuck with the bill.

“I think we’ll all work on it,” the gover-nor said. “I think they’ll commit resources because if it doesn’t pass, their lives will become chaos. And I don’t even want to speculate what the federal government will do. I don’t even want to speculate what the people of Colorado will do.

“They can take it nonchalantly at their own risk.”

CapitolReport

Dems held the remote during 2013 General Assembly show

I’m about to take you to into a strange and highly unorganized place: my mind.

It all starts with a recent conversation I had with a lobbyist at the Capitol about the correct pronunciation of the Latin-based “sine die.”

It means “without day” and it’s typically used in conjunction with a governing body ending its work for a while — such as the case was last week with the adjournment of the 2013 General Assembly.

The lobbyist pronounced sine die the way it looks on paper.

“I think it’s like saying ‘sign,’ or ‘Sein-feld,’” he told me.

That’s when I abruptly changed the sub-ject to begin sharing some of my favorite “Seinfeld” moments, and to quote lines from classic episodes like “The Library” or “The Contest.”

You see, I get distracted easily.I continued to think about the pronun-

ciation of sine die, and, at the same time, how hilarious of a show “Seinfeld” was. And, after a while, I was certain that the lobbyist had it all wrong.

You wanna know why? Because “Sein-feld” was endearingly dubbed a “show about nothing.”

And, say what you will about this year’s legislative session, but it certainly was something.

Democrats truly believe that this year’s session was a Show About Something. And their defi nition of the word “something” is a heck of a lot different from Republicans’.

“There’s a lot of good that came out of this session,” said Sen. Pat Steadman, D-Denver. “I think we put some really posi-tive public policy out there and I think the people of Colorado are going to look back at this session and just be amazed at all the things we found the time to do.”

So the Democrats are happy. For them, the session was about sunshine and puppy dog tails.

As for the Republicans, not so much.“They charged hard to the left and

stayed there the entire session,” said Rep. Frank McNulty, R-Highlands Ranch, of the Democrat agenda.

Democrats feel like they hit the jackpot this session, by passing a host of major pieces of legislation: civil unions, educa-tion reform, election reform, in-state tuition for undocumented immigrants and gun control, just to name a few.

Seriously. If there was such a thing as Democratic bingo, the entire card would be full of little dauber-stained dots.

“Any one of these things by themselves would have been historic and epic, frankly,

in a session,” said Senate Majority Leader Morgan Carroll, D-Aurora. “And we did. One after the other, after the other.”

But did they do too much? Republicans sure think so. They think Democrats will rue the day that they tried to push such a progressive agenda on the voters.

“The Democrats have clearly shown that they are very liberal,” McNulty said. “Colorado voters are not going to reward them for that.”

But Democrats are making no apolo-gies. They also believe that Republicans didn’t do much of anything, except to complain and say no to just about every-thing. That’s not what the voters wanted this session, Carroll said.

“We would rather be criticized for tack-ling too many of Colorado’s problems, than not enough,” Carroll said.

So, there ya have it. A legislative session that spanned fi ve months, with reaction that can be summed up as: Democrats good; Republicans bad. And vice versa. Who would’ve thunk it, right?

Or, maybe the session could be summed up as being a really long, and not nearly as funny, “Seinfeld” episode. Think about it. Whenever Democrats did some-thing controversial, Republicans would bemoan with a “Newman!”-like expression.

And, when Republicans complained about Democratic overreach, Democrats like Carroll would respond with an Elaine Benes-like shove to the chest, and a hearty “Get out!”

There was one episode where Kramer started the show by pretending to do a stand-up comedy routine, a la Jerry Sein-feld.

“What’s the deal with politics?” Kramer said. “Am I right, people? I don’t get it.”

I think Kramer might be on to some-thing there.

Hmm. Maybe it’s pronounced SINE-DIE after all. Just like “Seinfeld.”

Vic Vela is the legislative reporter for Colorado Community Media. He can be reached at [email protected]. Follow Vic on Twitter: @VicVela1.

Page 9: Elbert County News  051613

Elbert County News 9 May 16, 2013

9-Color

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The RidgeGate community is thriving this season, with many fun, free events that will inspire you and your family to reconnect with nature, move your body, and hear great music. Plan now to join us.

Tuesday, May 28, and Tuesday, June 256:30–7:30pmFree Yoga in the ParkLocation: Belvedere Park (between RidgeGate Parkway and

RidgeGate Circle on Belvedere Lane)

Join RidgeGate, South Suburban Parks and Recreation and the Lone Tree Recreation Center for a free yoga class in Belvedere Park. Bring your own yoga mat, or one will be provided for you. In case of heavy rain or lightning, class will be cancelled. No yoga experience necessary. No need to register - just drop in!

Friday, May 31, 6:30–8pmFree Nature Hike Series: Botany 101 Learn the basics of plant identification as we hike along a scenic RidgeGate bluffs trail. Fairy trumpets, harebells, skullcap, larkspur - join a naturalist guide from South Suburban Parks and Recreation to match up these whimsical names with the beautiful plants of late spring. Register at ridgegate.com for this free, family-friendly hike.

Wednesday, June 5, 11:30am–1pmThe RidgeGate Walk Concerts: The Indulgers Location: Outside the Lone Tree Rec Center

Enjoy a springtime lunch break with live music in beautiful Prairie Sky Park, courtesy of the South Suburban Parks and Recreation District. This month, dance to the music

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Saturday, June 22, 8–10pmRidgeGate Presents Tunes on the Terrace: Barron’s Little BIG Band Location: Lone Tree Arts Center

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Saturday, June 29, 8–11amFree Nature Hike Series: Explore the East-West Regional Trail This 4-mile hike will explore a segment of the 24-mile East-West Regional Trail, now accessible from the RidgeGate community via new trail extensions completed in 2012. The hike will wind through the natural bluffs formations flanking the southern end of the community. Register at ridgegate.com for this free hike. (Not recommended for younger children)

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Colorado getting closer to taxing Internet sales Measure portrayed as move toward greater fairness By Vic Vela [email protected]

Colorado is a step closer to being able to collect In-ternet sales taxes, following

a vote in the state Senate on May 6.

House Bill 1295 read-ies the state for the federal Marketplace Fairness Act, which would allow states to tax Internet sales, providing Congress passes the legisla-tion.

Internet retailers like Amazon.com would pay taxes to a central collec-tion point. Retailers would

pay the taxes directly to the state, which would then funnel revenues to local governments, under the state bill.

Representatives for local businesses testifi ed at leg-islative committee hearings that it’s unfair that online retailers are not required to collect sales taxes.

“This is about fairness to our tax system, mak-ing sure that the brick and mortar stores don’t have a disadvantage to the online

remote sellers,” said House Speaker Mark Ferrandino, D-Denver, a bill sponsor.

Ferrandino noted that mega-retailers like Amazon.com and Walmart support the legislation.

The bill expects to pump more than $73 million into the state’s general fund in its fi rst year of implemen-tation, providing Congress acts. Congress needs to pass the Marketplace Fairness Act in order for states like Colorado to collect taxes

from out-of-state retailers. That’s because the Supreme Court has ruled that states cannot force retailers to pay taxes if they do not have an actual physical presence in the state, unless Congress gives the OK.

Out-of-state retailers with fewer than $1 million in annual sales would be exempt from the federal act.

The state bill passed the Senate on a 21-14 vote, after having previously passed the House on a 37-23 vote.

Rep. Frank McNulty, R-Highlands Ranch, acciden-tally voted for the bill when it was in the House last month. He said in a recent conversation that he meant to vote against the legisla-tion.

“No consumer is going to pick up and move be-cause their state taxes In-ternet sales,” McNulty said. “But you may see a shift in where businesses locate their businesses because of tax increases.”

With pot legal, here come the laws quickly as it was introduced in the Senate.

Democratic Senate President John Morse teamed up with fellow Colorado Springs Sen. Bill Cadman, the chamber’s minor-ity leader, to introduce the legislation. The resolution passed in a hastily scheduled committee hearing, just three days before the session ended. But it was never brought to the fl oor of the Senate for consideration.

Morse said he “didn’t have the votes” to get the resolution passed. But he said he hoped the crafting of the legislation sent a message to the pro-Amendment 64 lobby, that they need to ensure the tax rate passes in November.

Pabon said he didn’t think the partial re-peal effort “ever would have gotten out of (a House) committee, let alone to the fl oor.”

“At the end of the day, the voters have already spoken about this issue and they don’t need to take another vote on it,” Pa-bon said.

Gov. John Hickenlooper said he’s confi -dent that Amendment 64 backers will work with lawmakers in making sure that the tax-es pass in November, so that the state isn’t stuck with the bill.

“I think we’ll all work on it,” the gover-nor said. “I think they’ll commit resources because if it doesn’t pass, their lives will become chaos. And I don’t even want to speculate what the federal government will do. I don’t even want to speculate what the people of Colorado will do.

“They can take it nonchalantly at their own risk.”

Page 10: Elbert County News  051613

10-Life-Color

South Metrolife10 Elbert County NewsMay 16, 2013

RFK drama returns to area

“RFK — A Portrait of Robert F. Kenne-dy,” a tour-de-force one-man show featur-ing James O’Hagan Murphy, was a sell-out and was extended early in the year at Vin-tage Theatre.

Vintage will host a return run at the neighboring Aurora Fox Studio Theater, 9900 E. Colfax Ave., from May 31 to June 23 for those theater lovers, history buffs and political junkies who may have missed this remarkable performance. Performances: 7:30 p.m. Fridays, Saturdays; 2:30 p.m. Sundays. Tickets: $25, $20 in advance. 303-856-7830, vintagetheatre.com.

Focus on nurses“Nurses: Past, Present and Future” will

be the Highlands Ranch Historical Soci-ety program for May 20 at the Southridge Recreation Center, 4800 McArthur Ranch Road. Speakers from the Colorado Center for Nursing Excellence, Karren Kowalski and Lola Fehr, will talk about today’s nurs-ing profession and role in the health care delivery system in Colorado. Members at-tend free, $1 suggested for visitors.

Music Arts FestivalHighlands Ranch Concert Band pres-

ents its 8th Annual Music Arts Festival on May 18 (11 a.m. to 7 p.m.) and May 19 (11 a.m. to 6 p.m.) at Civic Green Park, 9370 Ridgeline Blvd., Highlands Ranch. Ongo-ing concerts by numerous bands, arts, crafts, food and more. Admission free. Hrmafestival.org.

Chamber brassThe Bartels Brass Ensemble will per-

form works by Bach (The Art of the Fugue); Stravinsky (Firebird Suite); and Mussorg-sky (Pictures at an Exhibition) at 2 p.m. May 18. The concert will be in Hampden Hall, second floor in the Englewood Civic Center, 1000 Englewood Parkway. Justin Bartels will host, with conversation about the music. Tickets: $15/$12/$5. Engle-woodarts.org. Note: Good news! The “Mo-zart With Silver Ainomae,” annual Olga Wolosyn Memorial Concert, which was canceled due to a snowstorm, is resched-uled for 2 p.m. June 8 at Hampden Hall.

American musicThe Littleton Chorale and Colorado

Wind Ensemble are combining talents to present a concert of American music at 7:30 p.m. May 18 at Lakewood Cultural Center, 470 S. Allison Parkway, Lakewood, and at 3 p.m. May 19 at Littleton United Methodist Church, 5894 S. Datura St., Littleton. At 2 p.m. before the LUMC con-cert, a silent auction that will benefit both organizations will be held. The program includes works by Persichetti, Holsinger, Dragon, Copland, Maslanka, Ewazen, Greig, Lauridsen, Dello Joio, Sousa. Tick-ets/Saturday: $19/$15/$5, 303- 987-7845(service charge) or at the door (no service charge); Sunday-$15/$12/children free, coloradowindensemble.org or at the door.

Civic Health Club newsWarm Cookies of the Revolution in-

vites everyone to its 6 p.m. May 23 ses-sion: “Sunday School for Atheists” which will discuss what is happening now that makes us question obedience. When is it right to not obey? Moderated by philoso-phy professor Chad Kautzer from Uni-versity of Colorado-Denver. Location: the McNichols Building, 144 W. Colfax Ave., at Bannock Street. RSVPs appreciated: warmcookiesoftherevolution.org. Milk and cookies served.

Chapel hits 100-year markPublic invited to celebrate anniversary of landmarkBy Chris [email protected]

The charming white chapel that lends historical ambience to the downtown dis-trict has hit the century mark.

Ruth Memorial Chapel, which stands proudly on the south side of Mainstreet near Victorian Drive, is a landmark unlike any other in the Town of Parker.

It’s among the few structures that have survived the modernization of the down-town area.

Town officials and longtime residents are preparing to mark its 100th anniver-sary with a celebration from 10 a.m. to

noon May 18. Carriage rides and live mu-sic from the early 20th century will help participants “travel back in time to 1913,” according to the public invitation.

Walking into the one-room chapel, visitors are met with a sense of nostalgia. Those who take a tour of the chapel dur-ing the May 18 event will note finely craft-ed windows, sturdy church pews and the echoes of their own footfalls.

The Parker Area Historical Society, which helps represent and protect histor-ic structures, partnered with the town for the 100-year celebration.

Mike Mulligan, president of the his-torical society, says Ruth Memorial Cha-pel was the first church built in town. All previous services were held in residents’ homes.

Dedicated in May 1913 as Ruth Me-morial Methodist Episcopal Church, the facility still hosts weddings and regular church services, with seating for 70.

It has undergone a few renovations over the years — most recently in 2004, when new exterior paint was applied and the hardwood floors were finished — but has managed to retain its historic charm. It was listed in the National Register of Historic Places in 1989. The Town of Park-er bought the building in 1996.

A miniature replica of the chapel stands at Parker United Methodist Church’s cur-rent location at South Parker Road and Pine Drive.

Ruth Memorial was named after the daughter of Dr. Walter Heath, the man who donated part of the land and $1,000 toward the chapel’s construction. Ruth died at an early age, and Heath passed away before the church was completed.

For more information about Ruth Memorial Chapel, visit www.parkerhis-tory.org. To rent it for a special event, visit www.parkeronline.org or call 303-805-3365.

Mike Mulligan, president of the Parker Area Historical Society, stands next to Ruth Memorial Chapel, which was built on the south side of Mainstreet between 1911 and 1913. The chapel’s 100th anniversary will be marked with a celebration on May 18. Photo by Chris Michlewicz

Air Supply poised to perform in ParkerAustralian singers’ show at PACE Center likely to sell outBy Sonya [email protected]

Air Supply — Australians Graham Rus-sell and Russell Hitchcock — will play a May 30 date at Parker’s PACE Center to what will likely be a sold-out crowd. (A few tickets remained when we spoke with center director Elaine Mariner last week.) Area audiences have especially responded to musical programs in a variety of styles since the PACE Center opened, she said.

Russell and Hitchcock met when both were in a production of “Jesus Christ Su-perstar” in Sydney. After the shows, they would perform together in coffee houses and nightclubs, singing Graham Russell’s original songs.

With their smooth harmonies, they eventually landed a recording contract and had a No. 1 single on national charts. Russell writes songs and plays guitar,

paired with Hitchcock’s tenor voice.Their song

“Lost in Love” connected them with Clive Davis, a music industry executive who signed them to Arista Records.

“Lost in Love” became the world’s fastest-selling single and they followed it with ”All Out of Love.”

Top-selling albums followed and the pair has toured the world for many years since, sometime with other band mates. Their newest release, “Air Supply Live,” was recorded in Israel and is available at Air Supply shows and online.

In 2011, they were still performing 150 shows a year.

Air Supply performs at 7:30 p.m. May 30. Tickets, on sale since late January, cost

$45, $55 and $65. Visit PACEcenteronline.org or call 303-805-6600.

Russell Hitchcock, left, and Graham Russell will perform at the PACE Center in Parker on May 30. Courtesy photo

If you go

Air Supply, Graham Russell and Russell Hitchcock, will perform at 7:30 p.m. May 30 at the PACE Center, 20000 Pikes Peak Ave. in downtown Parker. Tickets: $45, $55, $65: 303-805-6800, PACE-centeronline.org.

Page 11: Elbert County News  051613

Elbert County News 11 May 16, 2013

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Boston Marathoner goes ‘one more mile’ Leg cramps kept teacher away from devastation at � nish line of race By Chris Michlewicz [email protected]

During any other marathon, Bev Holtzer might have been crossing the fi nish line with a time of four hours, ten minutes.

But six miles into this year’s Boston Mar-athon, her quads cramped up and slowed her down. That twist of fate might have saved her life.

Holtzer, a fourth-grade teacher at Gold Rush Elementary School in Parker, had just crossed the 25-mile marker when the homemade explosives detonated, killing three and injuring more than 200 others on April 15.

“I just saw runners turning around and running towards all of us, saying `the race is canceled,’” she said.

She found out from a spectator that ex-plosions were reported along the course up ahead. It was 45 minutes later that Holtzer was able to borrow someone’s phone to send a text message to let her husband and daughter know she was OK.

They were in the crowd and, if not for her slower-than-normal pace, would have been near the fi nish line four hours and nine minutes after the start of the race, when the bombs went off.

Outside of the heartbreak and fear trig-gered by the terrorist attack, Holtzer was disheartened by the fact that she was less than one mile away from completing the Boston Marathon in her fi rst attempt. The 58-year-old felt robbed of the glory of fi n-ishing the storied race and scribbled a defi -ant, refuse-to-give-up message on a pair of napkins during the fl ight home to Colorado.

Holtzer was greeted by hugs and tears upon her return to Gold Rush Elementary. And soon, a plan was devised by her stu-dents and the faculty to help her accom-plish the unachieved goal. They staged the

“One More Mile” event April 25 and ran alongside the beloved teacher as she com-pleted the fi nal mile of her journey. Holtzer was humbled by the gesture, which she says refl ects the Gold Rush community’s sup-portive nature.

“I thought it would just be the fourth-grade classes out there. Well, I walked out and there is the whole school chanting my name,” she said. “They had cow bells, post-ers, they were cheering. I got a little teary-eyed.”

“I was really relieved crossing the fi nish line. I felt it was such a positive stamp on something that was so negative a week be-fore,” she said. “It shows the kids that a goal might not always end how we want, but there’s always a plan B.”

Holtzer has refl ected on her turn of for-tune in the form of atypical leg cramps. She is not a religious person, but considers her-self spiritual and believes “there is a reason why that happened.”

Bev Holtzer, a fourth-grade teacher at Gold Rush Elementary, � nished the � nal mile of the Boston Mara-thon at the school April 25 with help from faculty and students. Courtesy photo

CURTAIN TIME ‘Hair’ comes to Littleton

“Hair: the American Tribal Love-Rock Musical,” with book and lyrics by James Rado and Gerome Ragni and music by Galt McDermot, opens May 17 and plays until June 16 at Town Hall Arts Center, 2450 W. Main St., Littleton. Nick Sugar directs and choreographs this tale of 1960s long-haired, politically active hippies living in New York City. Performances: 7:30 p.m. Thursdays, Fridays, Saturdays; 2 p.m. Sundays and June 1; 6:30 p.m. June 9. Tickets: $20-$40, 303-794-2787 ext. 5, TownHallArtsCenter.com.

One night only …“3 THINGS” will run at 8 p.m. on May

17 only at Buntport Theater, 717 Lipan St., Denver, created by “fi ve people messing around with theater, music, dance and vid-eo, resulting in three short pieces: The Fish that Came Between Us; Songs for Imaginary Landscapes; Il pleut.” Erin Rollman and Brian Colonna are joined by Adam Stone, Laura Samuelson and Nathan Hall. There are no seats — audience members will trav-el from one thing to another. Tickets: $5, buntport.com/reservations.

‘Fawlty Towers’ revisited“A Night at Fawlty Towers,” based on the

popular British TV farce written by Monty Python’s John Cleese and Shannon Booth, will play May 24 to June 15 at the Bug The-atre, 3654 Navajo St., Denver. Presented by Equinox Theatre Company, the comedy is directed by Shannon McCarthy. Perfor-mances: 7:30 p.m. Fridays and Saturdays. Tickets: $20 in advance, $22 at the door, EquinoxTheatreDenver.com.

Sondheim show“A Little Night Music” by Stephen Sond-

heim plays May 17 to June 1 at Longmont Theatre Company, 513 Main St., Longmont. Performances: 7:30 p.m. Fridays, Saturdays; 2 p.m. Sundays; and 7:30 p.m. May 30. 303-772-5200.

Tracy Turnblad charms“Hairspray — the Musical” will be pre-

sented by Stapleton MCA and the Aurora Fox at Founder’s Green, just east of 29th and Quebec, at 7 p.m. May 31 and June 1, 7 and 8. Directed and choreographed by Pip-er Lindsay Arpan. A family show with free admission. Bring a blanket of chairs and a picnic.

Existentialism exhibited“Waiting for Godot” by Samuel Beckett

is performed by Café La Papa Experimental Theatre Company, formed by former Parker Mayor David Casiano, with the Parker Arts Council. American classics and theater of the absurd productions with minimal sets and characters will tour libraries. Admis-sion is free, but donations are gratefully accepted. Performances: May 18,Lone Tree Public Library; June 1, Parker Library.

Whodunit?“The Mousetrap,” the world’s longest-

running play, by Dame Agatha Christie, will be presented by the Player’s Guild at The Festival Playhouse, 5665 Olde Wadsworth, Arvada. Performances: May 31 to June 9, 7:30 p.m. Fridays, Saturdays; 2 p.m. Sun-days. Tickets: $16, $14, 303-422-4090, festi-valplayhouse.com.

GET SOCIAL WITH USThe Elbert County News wants to share the news. Check out and like our page on facebook. Search for Elbert County News. While you are there search for Colorado Community Media's page too.

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12-Sports

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ElbertSPORTS12 Elbert County NewsMay 16, 2013

Elizabeth boys take league track title Team places � rst in C7 conference meet By Scott Stocker Special to Colorado Community Media

It defi nitely was a gold medal day for the Elizabeth boys in the May 6 Class 4A, Colo-rado Seven League, conference champion-ship track meet.

Elizabeth, coached by Lori McCoin, tal-lied 132.5 points to outdistance runner-up Fort Morgan (110) and third-place Fort Lupton (105).

What helped make the day special is the fact that all winning events go directly into the record book. That’s because Monday’s meet at Weld Central High School was the fi rst offi cial league championship in track for the fi rst-year Colorado Seven League.

Three of the Elizabeth stalwarts — Brody Oliver, Jeff Stephens and Joel Thies — each came away with a trio of gold medals help-ing the Cardinals win the league’s inaugural championship. They also won a fourth indi-vidual title on the Weld Central High School track as Gavril Houston won top honors in

the pole vault.Elizabeth also was victorious in three

of the four relay events — the 400, 800 and 3,200. The only disappointment among the relays for the Cardinals was third-place in the 1,600 where they fi nished behind Fort Morgan and Fort Lupton.

Stephens won the 100 meters in 11.23-seconds, Oliver was victorious in the long jump (19 feet, 3 inches) and Thies in the 200 (22.98). The trio picked up their other gold medals running legs on the Cardinals’ winning 400- (43.74) and 800- (1:31.09) relay teams. They were joined on both relays by Ryan White.

“It was a pretty good day with my four medals and it was also such a fi ne day for the team,” Stephens said. “It was just a great effort by all of us. I’m certainly happy with

my 100 as it turned out to be a PR. Third in the long jump was pretty good. We did well in our relays winning both the 400 and 800. And, what a thrill to win the team title in the League’s fi rst year.”

Not to be outdone on top of the winner’s platform was Gavril Houston, who won the pole vault with a 12-foot, 3-inch effort. Teammate Brandon Beshore fi nished third in the event, vaulting 9-9.

And, it was a personal best day all around for Beshore. He also placed fi fth in the high jump (5-6) and sixth in the triple jump (39-0).

White won his heat in the 200 (23.13), and placed place second overall in the event.

Elizabeth picked up its fi nal gold of the day in the 3,200 relay as the Cardinals

won with a time of 8:32.9 to Fort Lupton’s 8:39.33. Zach Rodriquez, Willis Scott, Au-gustus Terry and Jake Thompson carried the baton to.

“I think we all did well today and I’m pleased with the way things turned out for us,” Thompson said. “It was just a great day. Third in the triple jump feels pretty good as it was a PR for me. And, it feels good that all the winning marks will be considered league records.”

Terry also fi nished second in the 3,200 (10:36.22). However, the Cardinals could not come through with a relay sweep as they fi nished third in the 1,600 with a time of 3:41.3. Houston was joined by Rodriquez, John Hatt and Brandon John in the relay. Fort Morgan placed fi rst (3:33.21) and Fort Lupton was second (3:39.20).

Terry fi nished second in the 3,200 with a time of 10:36.22.

Other winners for Elizabeth were John Hatt, sixth in the 400 (54.88) and Anton Alm, fi fth in the 800 (2:10.86). Other Car-dinals coming through with medals in the fi eld events: Austin Gingler, third in the discus (127-6), Stuart Eurich, fourth in the high jump (5-8) and Ryan Stuchlik, sixth in the high jump (5-0).

Freshman paces Cardinals in Colorado 7 League meet Elizabeth’s Alexander takes � rst place in 100, 200 meters By Scott Stocker Special to Colorado Commu-nity Media

The Colorado 7 League track meet, held May 7 at Weld Central High School in Keenesburg, was one for the record books.

In fact, every event is consid-ered a record as this is the inau-gural season for the Class 4A, C7L. That being the case, there certainly was good news for four of the Elizabeth High School girls who can claim to be the league record-holders in their various events. The Cardinals won four event titles and tallied 133 points for a second place overall.

Fort Morgan placed fi rst with 159 points, and Fort Lupton fi n-ished third with 105.

One of the top pace-setters for Elizabeth was freshman Tegan Alexander, who came away with a pair of wins in the 100- and 200-meter dashes. She won the 100 in 12.4 seconds, and the 200 in 26.78. She defeated Fort Mor-gan’s Chyna Crone in the 100 (13.09) and Vista Prep’s Aaliyah Carter in the 200 (26.83).

“I just wanted to come out

and compete at my best,” said Al-exander, who will be heading to the Class 4A state meet May 16-17 at Jefferson County Stadium in Lakewood. “It’s just great to go as a freshman and to win today. The key was to make sure that I was warmed up properly, be positive and not be tight. Now I want to set my sights on doing a good job at state. As a team, we did quite well, but it would have been nice to have won the team title.”

It was a three-gold-medal day for Alexander as she teamed with Kim Peterson, Danae Goldsber-ry and Clare Nicolas to win the Sprint Medley relay in 1:52.08.

It was a day in which Eliza-beth coach Lori McCoin had a big smile on her face.

“Tegan certainly did well and she is such a fi ne freshman,” Mc-Coin said. “She also has played soccer this season, so she has had to work a lot to excel as she has. I’m so proud of her.

“I’m proud of all the boys and girls today. They’ve faced a lot of challenges, considering the weather through the season, and they have tried hard to respond to their situations. Now, we’ll just have to wait and see how many we can get to state.”

What also made it a good day in the sprints for Elizabeth is Nicolas won the 400 as well as coming through with a third-place fi nish in the 200 (26.97). She ran 59.88 in the 400 to beat Fort Morgan’s Christina Frick

(1:01). It was a one-two fi nish in the pole vault for Elizabeth, with Peterson taking home the gold medal with a vault of 10 feet, fol-lowed by Goldsberry at 9 feet.

Goldsberry tied Ashley Perez of Weld Central in the triple jump with both marking a 33-foot, 11¾-inch effort.

Goldsberry had to settle for the silver medal, based on the second-best effort of the pair in the event. The Elizabeth girls fi nished second in the 400 re-lay (51.24) behind Fort Morgan’s winning (50.9) time, and were third in the 3,200 (11:32.19), and fourth in the 1,600 (3:37.64). They dropped the baton in the 800 re-lay and were disqualifi ed.

Elizabeth’s Cori Small and Ja-mie States also had a fi ne day for the Cardinals. Small placed third in both the 1,600 (6:00.7) and 3,200 (13:33.81), and also picked up a white ribbon running on the Cardinals 3,200 relay team. She was joined in the event by Chase Baker, Moriah Lee and Kayla Prairio as they ran 4:54.08.

Katy O’Dell was the top fi n-isher in the weight events for Elizabeth with a 33-9½ effort in the shot put for second behind Fort Morgan’s Allie Schneider (36-10½).

Lee and Prairio were joined by Kayla Allred and Tatiana Pickens to fi nish fourth in the 1,600 relay with a time of 4:54.08. The win-ner here was Skyview with a time of 4:26.61.

17-2 Kiowa in the hunt With 15-game win streak, Indians in state semis By Scott Stocker Special to Colorado Community Media

The Kiowa Indians are the only team from Elbert County remain-ing in the postseason.

Kiowa (17-2), coached by Josh Schneider, will play in the Region 4, Class 2A tournament May 18, at Runyon Field in Pueblo, with hopes of advancing to the state semifi nals.

All four regional tournaments are on tap May 18, and the winners advance to the classifi cation’s state semifi nals May 25 at All-Star Park in Lakewood.

Kiowa, champions of the Black Forest League with a 12-0 record, closed out the regular season on May 11 defeating Simla 11-1 and Peyton 13-5.

The Indians open their regional competition May 18 against Cen-ter (17-4) in action at Pueblo’s Ru-nyon Field at 3 p.m.

The other two teams in the re-gion are Las Animas (18-2) and Custer County (9-7) and they play at 10 a.m.

The winners then play at 3 p.m. for their opportunity to make the Final Four.

The state semifi nals will be played at 10 a.m. and 12:30 p.m. with the winners playing for the state title at 3 p.m.

Region 1, involving Rye (18-1) against Hotchkiss (15-7), and Sar-gent (10-4) against Yuma (18-3), is scheduled for the Hobbs Complex at Hobbs Field in Pueblo.

Region 2 action includes Lu-theran (14-7) versus Peyton (16-5) and Paonia (16-5) versus Holyoke (10-10) at Niwot High School.

In Region 3, it will be Denver Christian (14-7) versus Highland (10-10) and Reserection Chris-tian (14-7) versus Swink (18-3) at Mountain View High School in Loveland.

Kiowa opened the season losing to Sand Creek 12-2 and lost their second game to Mesa Ridge 18-5, their third game of the year.

Since then, they have been vir-tually untouchable, giving up only 32 runs while winning 15 straight games.

Caleb Smith, Ben Appleman and Jordan Gabehart have been standouts at the plate, with Smith leading the way with a .594 batting average and batting in 31 runs. Gabehart has driven in 26 runs while Appleman has knocked in 24.

Smith has also contributed 23 stolen bases, while Marshall Deer-ing has 19 thefts to his credit.

Mitchell Bates, who also bats .407, Appleman and Austin Smi-ley have been standouts on the mound for the Indians. Bates and Appleman are both 4-0, while Smi-ley comes into the playoffs with a 4-1 record.

The season ended on a sour note for Elizabeth, Elbert and Sim-la.Elizabeth was beaten by Erie, 17-3, on May 11 in Class 4A Dis-trict 5 competition to end the sea-son with a 14-6 record.

Holly defeated Elbert, 10-6 in the May 11 Class 1A quarterfi nals to end the year, 9-5.

Simla lost to Kiowa, 11-1, on May 11 to close its season 6-11-1.

‘It feels good that all the winning marks will be considered league records.’

Jake � ompson

Page 13: Elbert County News  051613

Elbert County News 13 May 16, 2013

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Harry S. Syer of Elizabeth passed away peacefully in his sleep on May 1, 2013 at the age of 98. Harry was born in 1914 and raised in Denver; second son of George and Laura Syer. He attended East High School in Denver, and later graduated from Denver University in 1936, where he majored in physics and mathematics. Harry and his older brother George enlisted together in 1943 in the US Army Air Corps. Dur-ing WWII, Harry was commissioned as a Lieutenant, serving as the chief load-master for several major Allied airfields in the South Pacific; including Biak, New Guinea; Morotai, Indonesia; and in the Philippines. During the War, he also served occasionally as special courier for sensitive war plans conveyed between MacArthur’s Headquarters in New Guin-ea, and the “Flying Tigers” air forces serv-ing under Gen. Chennault in China. This journey took Harry from New Guinea to Australia, west to Sri Lanka, north across India, and then over the Himalayas to the Flying Tiger Headquarters in western-most China, and then back again. After the War, Harry and his brother ran a successful auto racing company,

racing against some of the greatest names in the business at events across the Midwest (and up Pikes Peak). In addition to many innovative designs for his own race cars, he also worked as a machinist and metallurgist at machine shops in Denver. Coming from a family of musicians, Harry was a very talented concert violin-ist. For many years he performed in the Denver Symphony as first chair violinist, as well as other concert groups in and around Denver. During WWII, Harry built his own violin from indigenous ma-terials in New Guinea, and performed to widespread acclaim for the troops where he was stationed. After the war, Harry and his brother ran a family cattle operation in west Denver along Yale Avenue, but in 1979 they moved to a small acreage just south of Elizabeth. Harry was a life member of the VFW, and devoted many years to veteran’s issues in and around Elizabeth. Harry is warmly remembered by his many, many friends, and will be buried with full military honors at Ft. Logan National Cemetery in Denver on Friday May 31, 2013 at 2:30 PM.

Harry S. Syer1914~2013

17-2 Kiowa in the hunt Region 2 action includes Lu-

theran (14-7) versus Peyton (16-5) and Paonia (16-5) versus Holyoke (10-10) at Niwot High School.

In Region 3, it will be Denver Christian (14-7) versus Highland (10-10) and Reserection Chris-tian (14-7) versus Swink (18-3) at Mountain View High School in Loveland.

Kiowa opened the season losing to Sand Creek 12-2 and lost their second game to Mesa Ridge 18-5, their third game of the year.

Since then, they have been vir-tually untouchable, giving up only 32 runs while winning 15 straight games.

Caleb Smith, Ben Appleman and Jordan Gabehart have been standouts at the plate, with Smith leading the way with a .594 batting average and batting in 31 runs. Gabehart has driven in 26 runs while Appleman has knocked in 24.

Smith has also contributed 23 stolen bases, while Marshall Deer-ing has 19 thefts to his credit.

Mitchell Bates, who also bats .407, Appleman and Austin Smi-ley have been standouts on the mound for the Indians. Bates and Appleman are both 4-0, while Smi-ley comes into the playoffs with a 4-1 record.

The season ended on a sour note for Elizabeth, Elbert and Sim-la.Elizabeth was beaten by Erie, 17-3, on May 11 in Class 4A Dis-trict 5 competition to end the sea-son with a 14-6 record.

Holly defeated Elbert, 10-6 in the May 11 Class 1A quarterfi nals to end the year, 9-5.

Simla lost to Kiowa, 11-1, on May 11 to close its season 6-11-1.

MAY 17, June 21, July 19

LEGAL CLINIC. A free clinic for parties who have no attorney and who are going through divorce, legal separation, custody, post-decree cases or protection order cases 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. All walk-ins are welcome, and everyone will be assisted on a � rst-come, � rst-served basis. Upcoming dates are March 15; April 19; May 17; June 21; July 19; Aug. 16; Sept. 20; Oct. 18; Nov. 15; Dec. 20.

THROUGH MAY 20

ONE BOOK 4 Colorado. The Elbert County Library District will visit area preschools to distribute books to 4-year-olds throughout Elbert County and will also give away books at its regular storytimes from May 6-20. Books will be available at all branches of the Elbert County Library District to any 4-year-old living in Elbert County. For information about One Book 4 Colorado and other early literacy programs o� ered at your libraries, call 303-646-3792 or visit www.elbertcountylibrary.org.

MAY 24

SOCIAL MEDIA event. The Elizabeth Area Chamber of Commerce presents a social media special event at 4 p.m. May 22 at Elizabeth United Methodists Church, by the car wash in Elizabeth. Learn how to supercharge your Facebook account. Presented by Constant Contact. Open to the public. Call Beverly for information, 303-646-4287.

JUNE 7-9

ELIZABETH STAMPEDE Rodeo is June 7-9 at Casey Jones Park in Elizabeth. Come see the voted Best Small Rodeo in the Nation. Visit www.elizabethstam-pede.com for all the details.

JUNE 8

ELIZABASH. THE Elizabeth Area Chamber of Commerce presents ElizaBash from 11 a.m. to 3 p.m. June 8 on Main Street in Elizabeth. Enjoy a family fun � lled day starting with the Stampede Parade at 10 a.m. and then stay in downtown Elizabeth for music, entertainment, food, vendors, games, and more. All free to the public. Visit www.elizabethchamber.org.

COMMUNITY YARD sale. Homes and businesses in and around Elbert will have their annual yard sale from 8 a.m. to 3 p.m. June 8 at the Russell Gates Mercantile Building. For information, call Doris, 303-648-3121.

THROUGH JUNE 21; July 19-20

QUILT ENTRIES. Firehouse Quilts is looking for quilt entries for its eighth annual quilt show to support its mission of helping children in crisis in Colorado. Early bird entries submitted by May 17 are taken at a discounted entry fee ($15). Otherwise, the fee is $18 per item, and the � nal deadline is June 21. This year’s show has a special theme, Patriotic, and 13 other categories. The show is from 10 a.m. to 5 p.m. July 19-20 at the Douglas County Events Center in Castle Rock. All forms and instructions are available at www.� rehousequilts.org; click on the Quilt Show link at the top.

JUNE 22

SAFETY FAIR. Join the Elbert County Sheri� ’s O� ce and many of the wonder-ful response agencies in the community for their annual safety fair from 10 a.m. to 2 p.m. June 22 in the Walmart parking lot in Elizabeth. The whole family can gain valuable knowledge on everything from bike safety, cyber safety, to lessons on the consequence of drinking and driving. Check http://www.elbertcountysheri� .com/ for details and information.

JUNE 29

KIOWA STREET Fair. Come see the treasures within Elbert County and enjoy a family fun � lled day at the Kiowa Street Fair from 9 a.m. to 3 p.m. June 29 at AF Nordman Park. Food, live music, vendors, activities and more. Visit www.townofkiowa.com. Then head on over to the Elbert County Fairgrounds for the Cowboy Up Rodeo in Kiowa. Starts at 6 p.m. and will give you an evening of

excitement and rodeo adventure. www.cowboyupinkiowa.org. The evening ends with Fireworks, weather permitting, provided by the Kiowa Fire Protection District.

JULY 4

PIONEER FOURTH celebration is from 10 a.m. to 3 p.m. July 4 at the Elbert County Museum in Kiowa. Good old-fashioned fun with free tours of the Elbert County Museum, pie eating contest, silent auction, music, food and more. Go to www.elbertcountymuseum.org for all the details.

JULY 20-21

CELTIC FESTIVAL. The Elizabeth Celtic Festival is July 20-21 at Casey Jones Park in Elizabeth. Take yourself back in time and enjoy traditional Scottish Highland Games with a Medieval and Renaissance Fest, a British Dog Show, and a commu-nity fair to create a great weekend of fun for the entire family. www.elizabethcelt-icfestival.com.

AUG. 17

MUSIC FESTIVAL. The Elizabeth Music & Arts Festival is from 10 a.m. to 10 p.m. Aug. 17 at Casey Jones Park in Elizabeth. Enjoy a day of live music, arts and crafts vendors, food and more. Activities all day long. Visit www.elizabethfestival.com

AUG. 23-25

CAMPDRAFT EVENT. A campdrafting clinic and competition is Aug. 23-25 at Elbert County Fairgrounds in Kiowa. Be sure to be in Elbert County for the � rst ever in the United States Campdrafting event. Learn how to do this Australian sport at the clinic (champions coming from Australia to show you how it is done) and then test your skills at the � rst competition in the US. Don’t miss this unique opportunity. Contact Mary Harris at [email protected] or 303-621-5836. Visit http://campdraft.us.

SEPT. 13

GOLF TOURNAMENT. The Elizabeth Area Chamber of Commerce presents the chamber golf tournament on Sept. 13 at Spring Valley Golf Club. Enjoy a morning of golf, fun, and meeting other business people. Shotgun starts at 8 a.m. with lunch and awards following all the fun. Visit www.elizabethchamber.org.

OCT. 26

HARVEST FESTIVAL. The Elizabeth Area Chamber of Commerce presents the Harvest Festival from noon to 3 p.m. Oct. 26 on Main Street in Elizabeth. Food, music, games and more. Spend an afternoon in Elizabeth for a safe Halloween by coming for trick-or-treat street throughout the town and enjoying games, vendors, food, and more on Main Street. Visit www.elizabethchamber.org.

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.

THE ELBERT County Sheri� s 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. Membership 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.elbert-countysheri� .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 avail-able 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. Country, 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, ukulele, 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.

THINGS TO DO

Page 14: Elbert County News  051613

14 Elbert County News May 16, 2013

14-Color

Notice To Creditors PUBLIC NOTICE

NOTICE TO CREDITORSEstate of Terry Nicholas Duehr,

aka Terry N. Duehr,and Terry Duehr, DeceasedCase Number: 2013 PR 13

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 Septem-ber 9, 2013 or the claims may be foreverbarred.

Nathan N. DuehrPersonal Representative8484 Briarwood PlaceCentennial, Colorado 80112

Legal Notice No: 927941First Publication: May 9, 2013Last Publication: May 23, 2013Publisher: Elbert County News

Misc. Private Legals Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

APRIL 2013 WATER RESUMEPUBLICATION

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 APRIL 2013for each County affected.

13CW3019, John Shook and Jodi Martin,3120 Bears Den Drive, Sedalia, CO 80135(James J. Petrock, Petrock & Fendel, 70017th Street, #1800, Denver, CO 80202),APPLICATION FOR UNDERGROUNDWATER RIGHTS FROM NONTRIBU-TARY AND NOT NONTRIBUTARYSOURCES AND FOR APPROVAL OFPLAN FOR AUGMENTATION, IN THENONTRIBUTARY LOWER DAWSON,DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBU-TARY UPPER DAWSON AQUIFERS, EL-BERT COUNTY. Subject Property: 11acres generally located in the S1/2SW1/4of Section 3, T7S, R65W of the 6th P.M.,Elbert County, as described and shown onAttachment A hereto ("Subject Property").Source of Water Rights: Upper Dawsonaquifer is not nontributary as described inSections 37-90-103(10.7), C.R.S., LowerDawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as de-scribed in Section 37-90-103(10.5), C.R.S.Estimated Amounts: Upper Dawson: 3.8acre-feet, Lower Dawson: 1.3 acre-feet,Denver: 6.6 acre-feet, Arapahoe: 4.5 acre-feet, Laramie-Fox Hills: 3.2 acre-feet. Pro-posed Use: Domestic, commercial, irriga-tion, livestock watering, fire protection,and augmentation purposes, includingstorage, both on and off the Subject Prop-erty. Description of plan for augmentation:Groundwater to be augmented: 1 acre-foot per year of the available UpperDawson aquifer groundwater as reques-ted herein. Water rights for augmentation:Return flows from the use of not nontribu-tary and nontributary groundwater and dir-ect discharge of nontributary ground wa-ter. Statement of plan for augmentation:The Upper Dawson aquifer water will beused for in-house use (0.4 acre-feet), irrig-ation of lawn, garden, and trees (0.55acre-feet), and stockwatering (0.05 acre-feet) on the Subject Property. Sewagetreatment for in-house use will be providedby a non-evaporative septic system andreturn flow from in-house and irrigationuse will be approximately 90% and 10% ofthat use, respectively. During pumping Ap-plicants will replace actual depletions tothe affected stream system pursuant toSection 37-90-137(9)(c.5), C.R.S. Deple-tions may occur to the Coal Creek streamsystem. Return flows accrue to the SouthPlatte River stream systems, and thosereturn flows are sufficient to replace actu-al depletions while the subject groundwa-ter is being pumped. Applicants will re-serve an equal amount of nontributarygroundwater underlying the Subject Prop-erty to meet post pumping augmentationrequirements. Further, Applicant praysthat this Court grant the application andfor such other relief as seems proper inthe premises. (6 pages).

THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECT INPRIORITY 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 ofJUNE 2013 ( fo rms ava i l ab le onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $130.00 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.: 927944First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

APRIL 2013 WATER RESUMEPUBLICATION

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 APRIL 2013for each County affected.

Misc. Private Legals

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

APRIL 2013 WATER RESUMEPUBLICATION

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 APRIL 2013for each County affected.

13CW3026 Arapahoe County Water andWastewater Authority (“ACWWA”); UnitedWater and Sanitation District (“United”), aquasi-municipal corporation and politicalsubdivision of the State of Colorado, act-ing directly and by and through the UnitedWater and Sanitation District ACWWA En-terprise; East Cherry Creek Valley Waterand Sanitation District (“ECCV”), acting byand through the East Cherry Creek ValleyWater and Sanitation District Water Activ-ity Enterprise, Inc., (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln Street,Suite 3500, Denver, CO 80203, Tele-phone: 303-863-7500, (Attorneys forACWWA); c/o Tod J. Smith, Esq., THELAW OFFICE OF TOD J. SMITH, 1007Pearl Street, Suite 220, Boulder, CO80302, (Attorney for United); c/o WilliamB. Tourtillott, Esq., Brian M. Nazarenus,Esq., Sheela S. Stack, Esq., Susan M.Ryan, Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, CO 80203, (Attorneys forECCV)) APPLICATION FOR CHANGEOF WATER RIGHTS, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-BERT, LARIMER, MORGAN AND WELDCOUNTIES. 2. Background and Rela-tionship of the Applicants and Applicants’Prior Decrees and Pending Cases. 2.1.Background. On December 15, 2009,ACWWA, United, and ECCV entered intoan Intergovernmental Agreement (“IGA”)to provide for ACWWA’s participation withECCV and United in an integrated systemfor the diversion, accretion, collection,storage, transmission, and treatment oftheir water rights. The integrated system,which is also referred to as the WaterSupply Project or the Northern Project, isdesigned to provide ECCV and ACWWAwith a long-term, sustainable municipalwater supply for their respective serviceareas located in Arapahoe and DouglasCounties, Colorado. Maps of ACWWA’sand ECCV’s service areas are attached asExhibit 1 and Exhibit 2, respectively. Pur-suant to the IGA, United will provideACWWA with 4,400 acre-feet of con-sumptive use water that will be deliveredthrough ECCV’s water delivery facilitiesfor use within ACWWA’s service area.2.2. Decreed Components of the WaterSupply Project. The Water Court has pre-viously decreed various components ofthe Water Supply Project for ECCV andUnited’s use: 2.2.1. In Case No.02CW403, the Water Court approved aplan for augmentation (“ECCV Augmenta-tion Plan”) for ECCV’s Upper Beebe Drawwellfield (“ECCV Well Field”), as de-scribed in paragraph 15.1 of that decree.The ECCV Augmentation Plan allowed forthe addition of wells to the augmentationplan and for the use of additional sourcesof substitute supply to replace the out-of-priority depletions resulting from pumpingthe ECCV Well Field. 2.2.2. In Case Nos.02CW404 and 03CW442, the Water Courtapproved the addition of six (6) wells tothe ECCV Well Field, additional sources ofreplacement water to the ECCV Augment-at ion Plan approved in Case No .02CW403, and a recharge project in theBeebe Draw (the “Beebe Draw RechargeProject”). The Water Court also approveda plan for augmentation to replace the out-of-priority depletions created by the pump-ing of wells located on 70 Ranch (“70Ranch Augmentation Plan”) and a re-charge project on 70 Ranch (“70 RanchRecharge Project”). 2.3. Pending WaterCourt Cases to Integrate ACWWA into theWater Supply Project. There are severalpending water court cases to decree vari-ous components of the Water SupplyProject, which, under the IGA, will be util-ized by ACWWA. 2.3.1. Case No.10CW306. The pending application inCase No. 10CW306 seeks to adjudicateand confirm ACWWA’s participation in thefollowing components of the Water Sup-ply Project: the ECCV Augmentation Plan,the 70 Ranch Augmentation Plan, theBeebe Draw Recharge Project, and the 70Ranch Recharge Project. The applicationin Case No. 10CW306 has been amendedto conform to the decree entered in CaseNos. 02CW404 and 03CW442. 2.3.2.Consolidated Case Nos. 11CW285,09CW283, and 07CW335. ACWWA andUnited are Co-Applicants in pending CaseNo. 09CW283 in which they claim appro-priative rights of substitution and ex-change to assure delivery of water avail-able to ACWWA to the ECCV Well Fieldfor delivery to the ACWWA service areaas contemplated in the IGA. United andECCV are Co-Applicants in pending CaseNo. 11CW285 in which they claim appro-priative rights of exchange for a streamreach below the Fort Morgan Canalheadgate to the exchange reach previ-ously decreed in Case No. 02CW404 and03CW442, and an exchange reach fromthe confluence of the South Platte and St.Vrain Rivers up to United’s St. Vrain Di-version claimed in Case No. 07CW335, toassure delivery of water to the ECCV WellField for delivery to ECCV’s service area.Case Nos. 09CW283 and 11CW285 havebeen consol idated wi th Case No.07CW335 for all pre-trial and trial pur-poses. 2.3.3. Consolidated Case Nos.10CW312 and 11CW280. ACWWA andUnited are Co-Applicants in pending CaseNo. 10CW312 in which ACWWA is seek-ing a 500 acre-foot conditional water stor-age right in United Reservoir No. 3. EC-CV is an Applicant in pending Case No.11CW280 in which ECCV is seeking con-ditional water storage rights in UnitedReservoir No. 3, Barr Lake, and GilcrestReservoir as well as an appropriative rightof exchange. Case No. 10CW312 wasconsolidated with 11CW280 for all pre-tri-al and trial purposes. 2.4. The purpose ofthis application is to change the use of thedecreed water rights associated withshares in the Cache la Poudre ReservoirCompany and the New Cache la PoudreIrrigating Company (collectively “SubjectWater Rights”) that were acquired by Ap-plicants for use as a source of substitutesupply for the ECCV Augmentation Plandecreed in Case No. 02CW403, BeebeDraw Recharge Project, 70 Ranch Aug-mentation Plan, 70 Ranch RechargeProject, and the South Platte River Ex-changes adjudicated in Case Nos.02CW404 and 03CW442. In addition, thesubject water rights will be used as asource of substitute supply for the ex-changes claimed in consolidated CaseN o s . 0 7 C W 3 3 5 , 0 9 C W 2 8 3 , a n d11CW285, as source of substitute supplyfor the plans for augmentation and re-charge projects claimed in Case No.10CW306, and for storage in UnitedReservoir No. 3, Gilcrest Reservoir, andBarr Lake. 3. Summary of the SubjectWater Rights. Applicants seek a changeof type and place of use for 112 totalshares out of 2,500 outstanding shares ofthe New Cache la Poudre Irrigating Com-pany and 36 total shares out of 3,000 out-standing shares of the Cache la PoudreReservoir Company. 3.1. The New Cachela Poudre Irrigating Company Shares.3.1.1. ACWWA is changing 96 shares outof a total 2,500 outstanding shares for theNew Cache la Poudre Irrigating Company,as represented by Stock Certificate Nos.4788, 4789, 4801, and 4812. 3.1.2. EC-CV and United are changing 16 sharesout of a total 2,500 outstanding shares forthe New Cache la Poudre Irrigating Com-pany, as represented by Stock CertificateNo. 4654. United has acquired the 16shares for ECCV’s and has contractuallyagreed to convey the shares to ECCV.3.2. Cache la Poudre Reservoir Com-pany Shares. 3.2.1. ACWWA is changing20 shares out of a total 3,000 outstandingshares for the Cache la Poudre ReservoirCompany, as represented by Stock Certi-ficate Nos. 4034, 4045, and 4058. 3.2.2.ECCV and United are changing 16 sharesout of a total 3,000 outstanding shares forthe Cache la Poudre Reservoir Company,as represented by Stock Certificate No.3929. United has acquired the 16 sharesfor ECCV’s and has contractually agreedto convey the shares to ECCV. 4. De-creed Water Rights for Which Change isSought and Structures Associated with theDecreed Water Rights. 4.1. Greeley No.2 Canal (also known as New Cache laPoudre Irrigating Company Canal, theNew Cache la Poudre Canal, the Cache laPoudre Irrigation Ditch, the Cache laPoudre Irrigating Ditch). 4.1.1. PreviousDecrees. Case No. 320, Water DistrictNo. 3, Larimer County District Court, Stateof Colorado, decreed April 11, 1882; CaseNo. W-8059-75, District Court, Water Divi-sion No. 1, State of Colorado, decreedJune 13, 1977. 4.1.2. Decreed Point ofDiversion. Located in the SW1/4 of theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County, Colorado. 4.1.3.Source. Cache la Poudre River. 4.1.4.Appropriation Dates and Amounts.

Misc. Private Legals

Arapahoe County Water andWastewater Authority (“ACWWA”); UnitedWater and Sanitation District (“United”), aquasi-municipal corporation and politicalsubdivision of the State of Colorado, act-ing directly and by and through the UnitedWater and Sanitation District ACWWA En-terprise; East Cherry Creek Valley Waterand Sanitation District (“ECCV”), acting byand through the East Cherry Creek ValleyWater and Sanitation District Water Activ-ity Enterprise, Inc., (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,Susan M. Ryan, Esq., RYLEY CARLOCK& APPLEWHITE, 1700 Lincoln Street,Suite 3500, Denver, CO 80203, Tele-phone: 303-863-7500, (Attorneys forACWWA); c/o Tod J. Smith, Esq., THELAW OFFICE OF TOD J. SMITH, 1007Pearl Street, Suite 220, Boulder, CO80302, (Attorney for United); c/o WilliamB. Tourtillott, Esq., Brian M. Nazarenus,Esq., Sheela S. Stack, Esq., Susan M.Ryan, Esq., RYLEY CARLOCK & APPLE-WHITE, 1700 Lincoln Street, Suite 3500,Denver, CO 80203, (Attorneys forECCV)) APPLICATION FOR CHANGEOF WATER RIGHTS, IN ADAMS, AR-APAHOE, DENVER, DOUGLAS, EL-BERT, LARIMER, MORGAN AND WELDCOUNTIES. 2. Background and Rela-tionship of the Applicants and Applicants’Prior Decrees and Pending Cases. 2.1.Background. On December 15, 2009,ACWWA, United, and ECCV entered intoan Intergovernmental Agreement (“IGA”)to provide for ACWWA’s participation withECCV and United in an integrated systemfor the diversion, accretion, collection,storage, transmission, and treatment oftheir water rights. The integrated system,which is also referred to as the WaterSupply Project or the Northern Project, isdesigned to provide ECCV and ACWWAwith a long-term, sustainable municipalwater supply for their respective serviceareas located in Arapahoe and DouglasCounties, Colorado. Maps of ACWWA’sand ECCV’s service areas are attached asExhibit 1 and Exhibit 2, respectively. Pur-suant to the IGA, United will provideACWWA with 4,400 acre-feet of con-sumptive use water that will be deliveredthrough ECCV’s water delivery facilitiesfor use within ACWWA’s service area.2.2. Decreed Components of the WaterSupply Project. The Water Court has pre-viously decreed various components ofthe Water Supply Project for ECCV andUnited’s use: 2.2.1. In Case No.02CW403, the Water Court approved aplan for augmentation (“ECCV Augmenta-tion Plan”) for ECCV’s Upper Beebe Drawwellfield (“ECCV Well Field”), as de-scribed in paragraph 15.1 of that decree.The ECCV Augmentation Plan allowed forthe addition of wells to the augmentationplan and for the use of additional sourcesof substitute supply to replace the out-of-priority depletions resulting from pumpingthe ECCV Well Field. 2.2.2. In Case Nos.02CW404 and 03CW442, the Water Courtapproved the addition of six (6) wells tothe ECCV Well Field, additional sources ofreplacement water to the ECCV Augment-at ion Plan approved in Case No.02CW403, and a recharge project in theBeebe Draw (the “Beebe Draw RechargeProject”). The Water Court also approveda plan for augmentation to replace the out-of-priority depletions created by the pump-ing of wells located on 70 Ranch (“70Ranch Augmentation Plan”) and a re-charge project on 70 Ranch (“70 RanchRecharge Project”). 2.3. Pending WaterCourt Cases to Integrate ACWWA into theWater Supply Project. There are severalpending water court cases to decree vari-ous components of the Water SupplyProject, which, under the IGA, will be util-ized by ACWWA. 2.3.1. Case No.10CW306. The pending application inCase No. 10CW306 seeks to adjudicateand confirm ACWWA’s participation in thefollowing components of the Water Sup-ply Project: the ECCV Augmentation Plan,the 70 Ranch Augmentation Plan, theBeebe Draw Recharge Project, and the 70Ranch Recharge Project. The applicationin Case No. 10CW306 has been amendedto conform to the decree entered in CaseNos. 02CW404 and 03CW442. 2.3.2.Consolidated Case Nos. 11CW285,09CW283, and 07CW335. ACWWA andUnited are Co-Applicants in pending CaseNo. 09CW283 in which they claim appro-priative rights of substitution and ex-change to assure delivery of water avail-able to ACWWA to the ECCV Well Fieldfor delivery to the ACWWA service areaas contemplated in the IGA. United andECCV are Co-Applicants in pending CaseNo. 11CW285 in which they claim appro-priative rights of exchange for a streamreach below the Fort Morgan Canalheadgate to the exchange reach previ-ously decreed in Case No. 02CW404 and03CW442, and an exchange reach fromthe confluence of the South Platte and St.Vrain Rivers up to United’s St. Vrain Di-version claimed in Case No. 07CW335, toassure delivery of water to the ECCV WellField for delivery to ECCV’s service area.Case Nos. 09CW283 and 11CW285 havebeen consol idated wi th Case No.07CW335 for all pre-trial and trial pur-poses. 2.3.3. Consolidated Case Nos.10CW312 and 11CW280. ACWWA andUnited are Co-Applicants in pending CaseNo. 10CW312 in which ACWWA is seek-ing a 500 acre-foot conditional water stor-age right in United Reservoir No. 3. EC-CV is an Applicant in pending Case No.11CW280 in which ECCV is seeking con-ditional water storage rights in UnitedReservoir No. 3, Barr Lake, and GilcrestReservoir as well as an appropriative rightof exchange. Case No. 10CW312 wasconsolidated with 11CW280 for all pre-tri-al and trial purposes. 2.4. The purpose ofthis application is to change the use of thedecreed water rights associated withshares in the Cache la Poudre ReservoirCompany and the New Cache la PoudreIrrigating Company (collectively “SubjectWater Rights”) that were acquired by Ap-plicants for use as a source of substitutesupply for the ECCV Augmentation Plandecreed in Case No. 02CW403, BeebeDraw Recharge Project, 70 Ranch Aug-mentation Plan, 70 Ranch RechargeProject, and the South Platte River Ex-changes adjudicated in Case Nos.02CW404 and 03CW442. In addition, thesubject water rights will be used as asource of substitute supply for the ex-changes claimed in consolidated CaseN o s . 0 7 C W 3 3 5 , 0 9 C W 2 8 3 , a n d11CW285, as source of substitute supplyfor the plans for augmentation and re-charge projects claimed in Case No.10CW306, and for storage in UnitedReservoir No. 3, Gilcrest Reservoir, andBarr Lake. 3. Summary of the SubjectWater Rights. Applicants seek a changeof type and place of use for 112 totalshares out of 2,500 outstanding shares ofthe New Cache la Poudre Irrigating Com-pany and 36 total shares out of 3,000 out-standing shares of the Cache la PoudreReservoir Company. 3.1. The New Cachela Poudre Irrigating Company Shares.3.1.1. ACWWA is changing 96 shares outof a total 2,500 outstanding shares for theNew Cache la Poudre Irrigating Company,as represented by Stock Certificate Nos.4788, 4789, 4801, and 4812. 3.1.2. EC-CV and United are changing 16 sharesout of a total 2,500 outstanding shares forthe New Cache la Poudre Irrigating Com-pany, as represented by Stock CertificateNo. 4654. United has acquired the 16shares for ECCV’s and has contractuallyagreed to convey the shares to ECCV.3.2. Cache la Poudre Reservoir Com-pany Shares. 3.2.1. ACWWA is changing20 shares out of a total 3,000 outstandingshares for the Cache la Poudre ReservoirCompany, as represented by Stock Certi-ficate Nos. 4034, 4045, and 4058. 3.2.2.ECCV and United are changing 16 sharesout of a total 3,000 outstanding shares forthe Cache la Poudre Reservoir Company,as represented by Stock Certificate No.3929. United has acquired the 16 sharesfor ECCV’s and has contractually agreedto convey the shares to ECCV. 4. De-creed Water Rights for Which Change isSought and Structures Associated with theDecreed Water Rights. 4.1. Greeley No.2 Canal (also known as New Cache laPoudre Irrigating Company Canal, theNew Cache la Poudre Canal, the Cache laPoudre Irrigation Ditch, the Cache laPoudre Irrigating Ditch). 4.1.1. PreviousDecrees. Case No. 320, Water DistrictNo. 3, Larimer County District Court, Stateof Colorado, decreed April 11, 1882; CaseNo. W-8059-75, District Court, Water Divi-sion No. 1, State of Colorado, decreedJune 13, 1977. 4.1.2. Decreed Point ofDiversion. Located in the SW1/4 of theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County, Colorado. 4.1.3.Source. Cache la Poudre River. 4.1.4.Appropriation Dates and Amounts.

Date AmountOctober 25, 1870: 110 cfsSeptember 15, 1871: 170 cfsNovember 10, 1874: 184 cfsSeptember 15, 1877: 121 cfsMay 27, 1974: 65 cfs

4.2. Cache la Poudre Reservoir (alsoknown as the Timnath Reservoir). 4.2.1.Previous Decrees. Case No. 1591, Lar-imer County District Court, Water District3, Water Division No. 1, State of Colorado,decreed December 9, 1904, revised onOctober 28, 1909; Case No. 2031, Lar-imer County District Court, Water District3, Water Division No. 1, State of Colorado,decreed April 22, 1922; Case No. 11217,Larimer County District Court, Water Dis-trict 3, Water Division No. 1, State of Col-orado, decreed September 10, 1953;Case No. W-1103, District Court, WaterDivision No. 1, State of Colorado, de-creed March 21, 1972 nunc pro tunc June8, 1971; and Case No. 80CW415, DistrictCourt, Water Division No. 1, State of Col-orado, decreed September 3, 1982. 4.2.2.Decreed Location and Points of Diversion.The Cache la Poudre Reservoir is locatedin portions of Sections 23, 24, 25, and 26in Township 7 North, Range 68 West ofthe 6th P.M. in Larimer County, Colorado.The inlet ditch headgate for the Cache laPoudre Reservoir is located on the north-east bank of the Cache la Poudre River inthe NE1/4 of Section 18, Township 7North, Range 68 West of the 6th P.M. inLarimer County, Colorado, at a point1,618 feet South and 35 feet East of thequarter corner between Sections 7 and 18in Township 7 North, Range 68 West ofthe 6th P.M. in Larimer County, Colorado.Case No. W-1103 adjudicates points of di-version for seepage and wastewater in-flow into the Cache la Poudre Reservoirfrom the “West Drainage,” “Middle Drain-age,” and “East Drainage.” The decreedpoint of diversion for the West Drainageoutlet is the SW1/4 of Section 24, Town-ship 7 North, Range 68 West of the 6thP.M., at a distance of 2,030 feet North and1,400 feet East of the SW corner of saidSection 24. The decreed point of diver-sion for the Middle Drainage outlet is theSE1/4 of Section 24, Township 7 North,Range 68 West of the 6th P.M., at a dis-tance of 1,350 feet North and 3,290 feetEast of the SW corner of said Section 24.The decreed point of diversion for the EastDrainage outlet is the NE1/4 of Section25, Township 7 North, Range 68 West ofthe 6th P.M., at a distance of 1,340 feetSouth and 60 feet West of the NE cornerof said Section 25. Case No. 80CW415decrees two additional points of diversionfor the Cache la Poudre Reservoir. TheFirst Diversion is located in the NE1/4 ofSection 25, Township 7 North, Range 68West of the 6th P.M. The Second Diver-sion is located in the SW1/4 of Section 36,Township 7 North, Range 68 West of the6th P.M. 4.2.3. Sources. Cache laPoudre River and its tributaries, DryCreek, Ames Slough, Cooper Slough, andBox Elder Creek. The source of supply forthe West Drainage, Middle Drainage, andEast Drainage is waste, seepage, and sur-face runoff waters tributary to the SouthPlatte River arising from Sections 6, 7, 8,17, 18, 19, and 30 in Township 7 North,Range 67 West of the 6th P.M.; Sections1, 2, 11, 12, 13, 14, and 24 in Township 7North, Range 68 West of the 6th P.M.;and Section 36 in Township 8 North,Range 68 West of the 6th P.M., all in Lar-imer and Weld Counties, Colorado. Thesource of supply for the First Diversion isrunoff from natural precipitation, seepagewater, and irrigation water runoff fromSections 19 and 30 in Township 7 North,Range 67 West of the 6th P.M. and Sec-tions 24 and 25 in Township 7 North,Range 68 West of the 6th P.M., all in Lar-imer and Weld Counties, Colorado. Thesource of supply for the Second Diversionis runoff from natural precipitation, seep-age water, and irrigation water runoff fromSections 22, 23, 26, 27, and 35 in Town-ship 7 North, Range 68 West of the 6thP.M. in Larimer County, Colorado. 4.2.4.Appropriation Dates and Amounts.

Date AmountApril 15, 1867: 60 cfs (inlet ditch)March 17, 1892: 8,379 acre feetDecember 1, 1902: 1,740 acre feetDecember 31, 1923: 5,948 acre feet (re-fill)December 31, 1923: 4,171 acre feet (re-fill)March 17, 1892: West Drainage: 110 cfs Middle Drainage: 50 cfs East Drainage: 90 cfs

March 17, 1892: First Diversion: 15 cfsJuly 31, 1893:Second Diversion: 10 cfs

Misc. Private Legals

4.2. Cache la Poudre Reservoir (alsoknown as the Timnath Reservoir). 4.2.1.Previous Decrees. Case No. 1591, Lar-imer County District Court, Water District3, Water Division No. 1, State of Colorado,decreed December 9, 1904, revised onOctober 28, 1909; Case No. 2031, Lar-imer County District Court, Water District3, Water Division No. 1, State of Colorado,decreed April 22, 1922; Case No. 11217,Larimer County District Court, Water Dis-trict 3, Water Division No. 1, State of Col-orado, decreed September 10, 1953;Case No. W-1103, District Court, WaterDivision No. 1, State of Colorado, de-creed March 21, 1972 nunc pro tunc June8, 1971; and Case No. 80CW415, DistrictCourt, Water Division No. 1, State of Col-orado, decreed September 3, 1982. 4.2.2.Decreed Location and Points of Diversion.The Cache la Poudre Reservoir is locatedin portions of Sections 23, 24, 25, and 26in Township 7 North, Range 68 West ofthe 6th P.M. in Larimer County, Colorado.The inlet ditch headgate for the Cache laPoudre Reservoir is located on the north-east bank of the Cache la Poudre River inthe NE1/4 of Section 18, Township 7North, Range 68 West of the 6th P.M. inLarimer County, Colorado, at a point1,618 feet South and 35 feet East of thequarter corner between Sections 7 and 18in Township 7 North, Range 68 West ofthe 6th P.M. in Larimer County, Colorado.Case No. W-1103 adjudicates points of di-version for seepage and wastewater in-flow into the Cache la Poudre Reservoirfrom the “West Drainage,” “Middle Drain-age,” and “East Drainage.” The decreedpoint of diversion for the West Drainageoutlet is the SW1/4 of Section 24, Town-ship 7 North, Range 68 West of the 6thP.M., at a distance of 2,030 feet North and1,400 feet East of the SW corner of saidSection 24. The decreed point of diver-sion for the Middle Drainage outlet is theSE1/4 of Section 24, Township 7 North,Range 68 West of the 6th P.M., at a dis-tance of 1,350 feet North and 3,290 feetEast of the SW corner of said Section 24.The decreed point of diversion for the EastDrainage outlet is the NE1/4 of Section25, Township 7 North, Range 68 West ofthe 6th P.M., at a distance of 1,340 feetSouth and 60 feet West of the NE cornerof said Section 25. Case No. 80CW415decrees two additional points of diversionfor the Cache la Poudre Reservoir. TheFirst Diversion is located in the NE1/4 ofSection 25, Township 7 North, Range 68West of the 6th P.M. The Second Diver-sion is located in the SW1/4 of Section 36,Township 7 North, Range 68 West of the6th P.M. 4.2.3. Sources. Cache laPoudre River and its tributaries, DryCreek, Ames Slough, Cooper Slough, andBox Elder Creek. The source of supply forthe West Drainage, Middle Drainage, andEast Drainage is waste, seepage, and sur-face runoff waters tributary to the SouthPlatte River arising from Sections 6, 7, 8,17, 18, 19, and 30 in Township 7 North,Range 67 West of the 6th P.M.; Sections1, 2, 11, 12, 13, 14, and 24 in Township 7North, Range 68 West of the 6th P.M.;and Section 36 in Township 8 North,Range 68 West of the 6th P.M., all in Lar-imer and Weld Counties, Colorado. Thesource of supply for the First Diversion isrunoff from natural precipitation, seepagewater, and irrigation water runoff fromSections 19 and 30 in Township 7 North,Range 67 West of the 6th P.M. and Sec-tions 24 and 25 in Township 7 North,Range 68 West of the 6th P.M., all in Lar-imer and Weld Counties, Colorado. Thesource of supply for the Second Diversionis runoff from natural precipitation, seep-age water, and irrigation water runoff fromSections 22, 23, 26, 27, and 35 in Town-ship 7 North, Range 68 West of the 6thP.M. in Larimer County, Colorado. 4.2.4.Appropriation Dates and Amounts.

Date AmountApril 15, 1867: 60 cfs (inlet ditch)March 17, 1892: 8,379 acre feetDecember 1, 1902: 1,740 acre feetDecember 31, 1923: 5,948 acre feet (re-fill)December 31, 1923: 4,171 acre feet (re-fill)March 17, 1892: West Drainage: 110 cfs Middle Drainage: 50 cfs East Drainage: 90 cfs

March 17, 1892: First Diversion: 15 cfsJuly 31, 1893:Second Diversion: 10 cfs

Exhibit 3 and Exhibit 4 contain “StructureSummary Reports” prepared by the Stateconcerning the Greeley Canal No. 2 andthe Cache la Poudre Reservoir that con-tain diversion records for said structures.5. Historical Use. The Subject WaterRights were historically used to irrigatecrops on lands depicted on the map at-tached as Exhibit 5. 5.1. Orr-Swift Farm.Fifty-four (54) shares of the New Cache laPoudre Irrigating Company, representedby Certificate Nos. 4788 and 4789 werehistorically used to irrigate approximately310 acres located about 1 mile west of Lu-cerne, in part of the W1/2 of Section 19,Township 6 North, Range 65 West, and inpart of the NE1/4 of Section 24, Township6 North, Range 66 West of the 6th P.M.,Weld County, Colorado. (Certificate Nos.4788 an 4789 also include 22 shares forthe Keirnes Farm and 8 shares for theOrr-Tollgate Farm in addition to the 54shares for the Orr-Swift Farm.) The farmcropping consisted primarily of a mix ofcorn, alfalfa, and wheat. The New Cachela Poudre Irrigating Company shares werecarried to the Orr-Swift Farm via a lateralditch. 5.2. Orr-Tollgate Farm. Eight (8)shares of the New Cache la Poudre Irrig-ating Company, represented by Certific-ate Nos. 4788 and 4789 and eight (8)shares of the Cache la Poudre ReservoirCompany, represented by Certificate No.4034, were historically used to irrigate ap-proximately 63 acres located about 6miles west-northwest of Greeley, in theW1/2 of the SW1/4 of Section 29, Town-ship 6 North, Range 66 West of the 6thP.M., Weld County, Colorado. The farmcropping consisted primarily of a mix ofcorn, alfalfa, sugar beets, and smallgrains. 5.3. Podtburg-Klaus Farm. Four(4) shares of the New Cache la Poudre Ir-rigating Company, represented by Certific-ate No. 4801 and four (4) shares of theCache la Poudre Reservoir Company,represented by Certificate No. 4045, werehistorically used to irrigate approximately63 acres on the Podtburg Farm locatedabout 6 miles northwest of Greeley, in theW1/2 of the SW1/4 and W1/2 of the SE1/4of Section 19, Township 6 North, Range66 West of the 6th P.M., Weld County,Colorado. From 2005 to 2010, the shareswere used for irrigation on the Klaus Farmlocated in the E1/2 of the SW1/4 of Sec-tion 19, Township 6 North, Range 66 Westof the 6th P.M., Weld County, Colorado.The farm cropping consisted primarily of amix of silage corn, alfalfa, beans, and pas-ture grass. 5.4. Keirnes Farm. Twentytwo (22) shares of the New Cache laPoudre Irrigating Company, representedby Certif icate Nos. 4788 and 4789(formerly Certificate No. 4555), were his-torically used to irrigate approximately 186acres located 2 miles west of Lucerne, inthe E1/2 of Section 23, Township 6 North,Range 66 West of the 6th P.M., WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of corn, al-falfa, and pasture grass. 5.5. GodingFarm. Sixteen (16) shares of the NewCache la Poudre Irrigating Company, rep-resented by Certificate No. 4654, sixteen(16) shares of the Cache la Poudre Reser-voir Company, represented by CertificateNo. 3929 were historically used to irrigateapproximately 135 acres located in theNE1/4 of Section 28, Township 6 North,Range 64 West of the 6th P.M. in WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of small veget-ables, alfalfa, and corn. The New Cachela Poudre Irrigating Company and theCache la Poudre Reservoir Companyshares were carried to the Goding Farmvia a lateral ditch. 5.6. Donaldson Farm.Eight (8) shares of the New Cache laPoudre Irrigating Company, representedby Certificate No. 4812, eight (8) shares ofthe Cache la Poudre Reservoir Company,represented by Certificate No. 4058 werehistorically used to irrigate approximately60 acres located in W1/2 of the SW1/4 ofSection 22, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado. The farm cropping consistedprimarily of a mix of silage corn, small ve-getables, sugar beets, and dry beans.The New Cache la Poudre Irrigating Com-pany and the Cache la Poudre ReservoirCompany shares were carried to the Don-aldson Farm via a lateral ditch. 5.7. Diver-sion summaries for the New Cache laPoudre Irrigating Company and the Cachela Poudre Reservoir Company from theColorado Decision Support System are at-tached as Exhibit 6 and Exhibit 7. 6. Pro-posed Change of Use of the Subject Wa-ter Rights. The Applicants seek to use thehistorical consumptive use portion of theSubject Water Rights as follows: 6.1.Change in Type of Use. 6.1.1. ECCVseeks to use the Subject Water Rights dir-ectly or as a source of substitute supplyfor the ECCV Augmentation Plan decreedin Case No. 02CW403 for pumping waterfor delivery to ECCV’s service area fromthe ECCV Well Field. ECCV will followthe procedures in paragraph 19 of the de-cree in Case No. 02CW403 and para-graph 25.5 of the decree entered in CaseNos. 02CW404 and 03CW442 to add theSubject Water Rights as an additionalsource of replacement supply. 6.1.2. EC-CV seeks to use the Subject Water Rightsfor delivery to recharge in the Beebe Drawpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442. ECCV will follow the proced-ures in paragraph 19 of the decree inCase No. 02CW403 and paragraph 15.4of the decree in Case Nos. 02CW404 and03CW442 to include the Subject WaterRights as an additional source of re-charge water. 6.1.3. ECCV seeks to usethe Subject Water Rights as a source ofsubstitute supply for the appropriative rightof exchange decreed in Case Nos.02CW404 and 03CW442, and sought inthe application filed by United and ECCV,as it may be amended, in Case No.11CW285. 6.1.4. ECCV seeks to storeand exchange the Subject Water Rights inBarr Lake, United Reservoir No. 3, andGilcrest Reservoir as claimed in Case No.11CW280. 6.1.5. ECCV and United seekto use the Subject Water Rights directly oras a source of substitute supply for the 70Ranch Augmentation Plan decreed inCase Nos. 02CW404 and 03CW442, andas claimed in the amended application inCase No. 10CW306. The Applicants willfollow the procedures in paragraph 25.6.1.of the decree in Case Nos. 02CW404 and03CW442 to add the Subject Water Rightsas an additional source of replacementsupply. 6.1.6. ACWWA seeks to use theSubject Water Rights directly or as asource of substitute supply pursuant to theplan for augmentation claimed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ECCV Well Field.6.1.7. ACWWA seeks to use the SubjectWater Rights for delivery to recharge inthe Beebe Draw pursuant to the rechargeprojects claimed in Case No. 10CW306.6.1.8. ACWWA seeks to use the SubjectWater Rights as a source of substitutesupply for the substitution and exchangesought in the application, as it may beamended, in Case No. 09CW283, filed onbehalf of ACWWA and United. 6.1.9.ACWWA seeks to use the Subject WaterRights directly or as a source of substitutesupply pursuant to the plan for augmenta-tion claimed in Case No. 10CW306 for de-livery to ACWWA’s service area from thewells included in the United No. 2 Diver-sion Wells and the added wells claimed incase No. 10CW306. 6.1.10. ACWWAseeks to use the Subject Water Rights fordelivery to recharge on the 70 Ranch asclaimed in Case No. 10CW306. 6.1.11.ACWWA seeks to store the Subject Wa-ter Rights in its 500 acre-foot account inUnited Reservoir No. 3 pursuant to theIGA. 6.1.12. For all municipal uses, in-cluding but not limited to domestic, mech-anical, manufacturing, commercial, indus-trial, 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 areas of ACWWA and ECCV, asthey now exist or may exist in the future.6.1.13. In addition to the uses described inparagraphs 6.1.1. through 6.1.11. above,ACWWA and ECCV claim the right, onceall return flow obligations have been satis-fied, to use, reuse, successively use anddispose of, by sale, exchange, augmenta-tion, or otherwise, to extinction all con-sumptive use water exchanged, lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 6.2.Change in Place of Use. ECCV andACWWA seek to use the water attribut-able to the Subject Water Rights on landswithin ECCV’s and/or ACWWA’s presentand future service area. 7. Delivery of theSubject Water Rights. Applicants will takedelivery of their pro-rata share of riverheadgate diversions through the GreeleyNo. 2 Canal and return the depletive por-tion and surface water returns via: 1) theGreeley No. 2 Canal headgate, as adjus-ted; 2) a new augmentation station to beconstructed on the Greeley No. 2 Canal;3) Headgate 88 which is located at suchpoint where the Greeley No. 2 Canal inter-sects with Sand Creek in the NE1/4 ofSection 16, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado, and the Sand Creek Spillway Aug-mentation Station located near the centerof Section 27, Township 6 North, Range65 West of the 6th P.M. in Weld County,Colorado pursuant to an agreement withthe Central Colorado Water ConservancyDistrict (“Central”); 4) the John Law Seep-age Ditch which is located in the NW1/4 ofthe SW1/4 of Section 14, Township 6North, Range 67 West of the 6th P.M. inLarimer County, Colorado; 5) at CornishPlains Reservoir which is an off-channelreservoir located within portions of Sec-tions 5, 8, and 9, Township 6 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado; and/or the existing aug-mentation stations on the Greeley No. 2Canal, subject to the approval of the NewCache la Poudre Irrigating Company. 8.Return Flow Obligations. Applicants shallmeet their winter return flow obligations forthe Subject Water Rights by any of the fol-lowing means: 8.1. Applicants may re-lease water from ECCV or ACWWA’s stor-age account in United Reservoir No. 3,from Gilcrest Reservoir, or from Barr Lake.8.2. Applicants may deliver water from re-charge facilities to be constructed alongthe Greeley No. 2 Canal. Applicants havesecured easement agreements to con-struct recharge ponds on the DonaldsonFarm and may acquire other sites in thefuture. Use of any recharge facilities onthe Greeley No. 2 Canal is contingentupon obtaining the approval of the NewCache la Poudre Irrigating Company andthe owners of the structures and shall bemade pursuant to the operating policiesand procedures of the New Cache laPoudre Irrigating Company. 8.3. Applic-ants may deliver water from recharge fa-cilities to be constructed along the Cachela Poudre River and/or the South PlatteRiver. 8.4. Applicants may deliver waterfrom recharge accretions from the BeebeDraw and 70 Ranch recharge facilities de-creed in Case Nos. 02CW404 and03CW442, and claimed in Case No.10CW306. 8.5. Applicants may deliverwater from recharge through facilitiesowned and operated by the Central pursu-ant to an agreement between Applicantsand Central. 8.6. Applicants may releasewater from ECCV or ACWWA’s storageaccount in Cornish Plains Reservoir. 8.7.Applicants may deliver water from otherfully consumable sources owned or con-trolled by the Applicants or any otheravailable sources so long as the sourcesare decreed for augmentation purposesby the Water Court, or approved for re-placement use under a Substitute WaterSupply Plan approved by the State Engin-eer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes,or successor statutes, or are otherwiselawfully available for such use. 9. Meth-odology. Consumptive use credit allowedfor the Subject Water Rights will be calcu-lated as the amount delivered at the ap-proved headgate on the Greeley CanalNo. 2 minus the return flow obligations.Applicants will quantify and maintain thehistorical return flows from river headgatediversions based upon the historical useof the shares. 10. Integrated System.The Subject Water Rights will be usedpursuant to, and in accordance with theapplicable terms and conditions of theplans for augmentation, exchanges, andrecharge projects decreed in Case Nos.02CW403, 02CW404 and 03CW442, andany applicable terms and conditions con-tained in the decrees entered in pendingCase Nos . 07CW335, 09CW283,10CW306, 10CW312, 11CW280, and11CW285. Augmentation use of the Sub-ject Water Rights shall be made only un-der and in compliance with the terms andconditions of any applicable decree orSubstitute Water Supply Plan approved bythe State Engineer pursuant to sections37-92-308 or 37-92-309 of the ColoradoRevised Statutes, or successor statutes.11. Bylaw Approval. The Subject WaterRights will not be used as a replacementsupply in any plan for augmentation, de-creed exchange, or recharge project untilthe Applicants complete the New Cache laPoudre Irrigating Company and Cache laPoudre Reservoir Company’s legally ap-plicable requirements and procedures re-garding approval of a change of waterrights. This paragraph shall not preventthe Applicants from using the shares as apart of a Substitute Water Supply Plan ap-proved by the State Engineer pursuant tosection 37-92-308 or 37-92-309 of theColorado Revised Statutes, or successorstatutes, provided such Substitute WaterSupply Plan complies with the New Cachela Poudre Irrigating Company and Cachela Poudre Reservoir Company’s legallyapplicable requirements and proceduresregarding approval of such plans. 12.General Location Map. A map, generallyshowing the relationship of the area en-compassed by the claims in this applica-tion is attached as Exhibit 8. 13. Name(s)and address(es) of owner(s) of land onwhich structure is or will be located, andupon which water is or will be stored. TheGreeley Canal No. 2 and the Cache laPoudre Reservoir are owned by the NewCache la Poudre Irrigating Company andthe Cache la Poudre Reservoir Company,whose address is 33040 Railroad Avenue,Lucerne, CO 80646, Attn: Mike Hungen-berg. WHEREFORE, Applicants respect-fully request that the Court enter a decreegranting the change of water rights and forsuch other relief, which it deems proper.(Application – 14 pages; Exhibits - 13pages)

THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECT INPRIORITY 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 ofJUNE 2013 ( fo rms ava i l ab le onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $130.00 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.: 927945First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Misc. Private Legals

Exhibit 3 and Exhibit 4 contain “StructureSummary Reports” prepared by the Stateconcerning the Greeley Canal No. 2 andthe Cache la Poudre Reservoir that con-tain diversion records for said structures.5. Historical Use. The Subject WaterRights were historically used to irrigatecrops on lands depicted on the map at-tached as Exhibit 5. 5.1. Orr-Swift Farm.Fifty-four (54) shares of the New Cache laPoudre Irrigating Company, representedby Certificate Nos. 4788 and 4789 werehistorically used to irrigate approximately310 acres located about 1 mile west of Lu-cerne, in part of the W1/2 of Section 19,Township 6 North, Range 65 West, and inpart of the NE1/4 of Section 24, Township6 North, Range 66 West of the 6th P.M.,Weld County, Colorado. (Certificate Nos.4788 an 4789 also include 22 shares forthe Keirnes Farm and 8 shares for theOrr-Tollgate Farm in addition to the 54shares for the Orr-Swift Farm.) The farmcropping consisted primarily of a mix ofcorn, alfalfa, and wheat. The New Cachela Poudre Irrigating Company shares werecarried to the Orr-Swift Farm via a lateralditch. 5.2. Orr-Tollgate Farm. Eight (8)shares of the New Cache la Poudre Irrig-ating Company, represented by Certific-ate Nos. 4788 and 4789 and eight (8)shares of the Cache la Poudre ReservoirCompany, represented by Certificate No.4034, were historically used to irrigate ap-proximately 63 acres located about 6miles west-northwest of Greeley, in theW1/2 of the SW1/4 of Section 29, Town-ship 6 North, Range 66 West of the 6thP.M., Weld County, Colorado. The farmcropping consisted primarily of a mix ofcorn, alfalfa, sugar beets, and smallgrains. 5.3. Podtburg-Klaus Farm. Four(4) shares of the New Cache la Poudre Ir-rigating Company, represented by Certific-ate No. 4801 and four (4) shares of theCache la Poudre Reservoir Company,represented by Certificate No. 4045, werehistorically used to irrigate approximately63 acres on the Podtburg Farm locatedabout 6 miles northwest of Greeley, in theW1/2 of the SW1/4 and W1/2 of the SE1/4of Section 19, Township 6 North, Range66 West of the 6th P.M., Weld County,Colorado. From 2005 to 2010, the shareswere used for irrigation on the Klaus Farmlocated in the E1/2 of the SW1/4 of Sec-tion 19, Township 6 North, Range 66 Westof the 6th P.M., Weld County, Colorado.The farm cropping consisted primarily of amix of silage corn, alfalfa, beans, and pas-ture grass. 5.4. Keirnes Farm. Twentytwo (22) shares of the New Cache laPoudre Irrigating Company, representedby Certif icate Nos. 4788 and 4789(formerly Certificate No. 4555), were his-torically used to irrigate approximately 186acres located 2 miles west of Lucerne, inthe E1/2 of Section 23, Township 6 North,Range 66 West of the 6th P.M., WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of corn, al-falfa, and pasture grass. 5.5. GodingFarm. Sixteen (16) shares of the NewCache la Poudre Irrigating Company, rep-resented by Certificate No. 4654, sixteen(16) shares of the Cache la Poudre Reser-voir Company, represented by CertificateNo. 3929 were historically used to irrigateapproximately 135 acres located in theNE1/4 of Section 28, Township 6 North,Range 64 West of the 6th P.M. in WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of small veget-ables, alfalfa, and corn. The New Cachela Poudre Irrigating Company and theCache la Poudre Reservoir Companyshares were carried to the Goding Farmvia a lateral ditch. 5.6. Donaldson Farm.Eight (8) shares of the New Cache laPoudre Irrigating Company, representedby Certificate No. 4812, eight (8) shares ofthe Cache la Poudre Reservoir Company,represented by Certificate No. 4058 werehistorically used to irrigate approximately60 acres located in W1/2 of the SW1/4 ofSection 22, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado. The farm cropping consistedprimarily of a mix of silage corn, small ve-getables, sugar beets, and dry beans.The New Cache la Poudre Irrigating Com-pany and the Cache la Poudre ReservoirCompany shares were carried to the Don-aldson Farm via a lateral ditch. 5.7. Diver-sion summaries for the New Cache laPoudre Irrigating Company and the Cachela Poudre Reservoir Company from theColorado Decision Support System are at-tached as Exhibit 6 and Exhibit 7. 6. Pro-posed Change of Use of the Subject Wa-ter Rights. The Applicants seek to use thehistorical consumptive use portion of theSubject Water Rights as follows: 6.1.Change in Type of Use. 6.1.1. ECCVseeks to use the Subject Water Rights dir-ectly or as a source of substitute supplyfor the ECCV Augmentation Plan decreedin Case No. 02CW403 for pumping waterfor delivery to ECCV’s service area fromthe ECCV Well Field. ECCV will followthe procedures in paragraph 19 of the de-cree in Case No. 02CW403 and para-graph 25.5 of the decree entered in CaseNos. 02CW404 and 03CW442 to add theSubject Water Rights as an additionalsource of replacement supply. 6.1.2. EC-CV seeks to use the Subject Water Rightsfor delivery to recharge in the Beebe Drawpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442. ECCV will follow the proced-ures in paragraph 19 of the decree inCase No. 02CW403 and paragraph 15.4of the decree in Case Nos. 02CW404 and03CW442 to include the Subject WaterRights as an additional source of re-charge water. 6.1.3. ECCV seeks to usethe Subject Water Rights as a source ofsubstitute supply for the appropriative rightof exchange decreed in Case Nos.02CW404 and 03CW442, and sought inthe application filed by United and ECCV,as it may be amended, in Case No.11CW285. 6.1.4. ECCV seeks to storeand exchange the Subject Water Rights inBarr Lake, United Reservoir No. 3, andGilcrest Reservoir as claimed in Case No.11CW280. 6.1.5. ECCV and United seekto use the Subject Water Rights directly oras a source of substitute supply for the 70Ranch Augmentation Plan decreed inCase Nos. 02CW404 and 03CW442, andas claimed in the amended application inCase No. 10CW306. The Applicants willfollow the procedures in paragraph 25.6.1.of the decree in Case Nos. 02CW404 and03CW442 to add the Subject Water Rightsas an additional source of replacementsupply. 6.1.6. ACWWA seeks to use theSubject Water Rights directly or as asource of substitute supply pursuant to theplan for augmentation claimed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ECCV Well Field.6.1.7. ACWWA seeks to use the SubjectWater Rights for delivery to recharge inthe Beebe Draw pursuant to the rechargeprojects claimed in Case No. 10CW306.6.1.8. ACWWA seeks to use the SubjectWater Rights as a source of substitutesupply for the substitution and exchangesought in the application, as it may beamended, in Case No. 09CW283, filed onbehalf of ACWWA and United. 6.1.9.ACWWA seeks to use the Subject WaterRights directly or as a source of substitutesupply pursuant to the plan for augmenta-tion claimed in Case No. 10CW306 for de-livery to ACWWA’s service area from thewells included in the United No. 2 Diver-sion Wells and the added wells claimed incase No. 10CW306. 6.1.10. ACWWAseeks to use the Subject Water Rights fordelivery to recharge on the 70 Ranch asclaimed in Case No. 10CW306. 6.1.11.ACWWA seeks to store the Subject Wa-ter Rights in its 500 acre-foot account inUnited Reservoir No. 3 pursuant to theIGA. 6.1.12. For all municipal uses, in-cluding but not limited to domestic, mech-anical, manufacturing, commercial, indus-trial, 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 areas of ACWWA and ECCV, asthey now exist or may exist in the future.6.1.13. In addition to the uses described inparagraphs 6.1.1. through 6.1.11. above,ACWWA and ECCV claim the right, onceall return flow obligations have been satis-fied, to use, reuse, successively use anddispose of, by sale, exchange, augmenta-tion, or otherwise, to extinction all con-sumptive use water exchanged, lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 6.2.Change in Place of Use. ECCV andACWWA seek to use the water attribut-able to the Subject Water Rights on landswithin ECCV’s and/or ACWWA’s presentand future service area. 7. Delivery of theSubject Water Rights. Applicants will takedelivery of their pro-rata share of riverheadgate diversions through the GreeleyNo. 2 Canal and return the depletive por-tion and surface water returns via: 1) theGreeley No. 2 Canal headgate, as adjus-ted; 2) a new augmentation station to beconstructed on the Greeley No. 2 Canal;3) Headgate 88 which is located at suchpoint where the Greeley No. 2 Canal inter-sects with Sand Creek in the NE1/4 ofSection 16, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado, and the Sand Creek Spillway Aug-mentation Station located near the centerof Section 27, Township 6 North, Range65 West of the 6th P.M. in Weld County,Colorado pursuant to an agreement withthe Central Colorado Water ConservancyDistrict (“Central”); 4) the John Law Seep-age Ditch which is located in the NW1/4 ofthe SW1/4 of Section 14, Township 6North, Range 67 West of the 6th P.M. inLarimer County, Colorado; 5) at CornishPlains Reservoir which is an off-channelreservoir located within portions of Sec-tions 5, 8, and 9, Township 6 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado; and/or the existing aug-mentation stations on the Greeley No. 2Canal, subject to the approval of the NewCache la Poudre Irrigating Company. 8.Return Flow Obligations. Applicants shallmeet their winter return flow obligations forthe Subject Water Rights by any of the fol-lowing means: 8.1. Applicants may re-lease water from ECCV or ACWWA’s stor-age account in United Reservoir No. 3,from Gilcrest Reservoir, or from Barr Lake.8.2. Applicants may deliver water from re-charge facilities to be constructed alongthe Greeley No. 2 Canal. Applicants havesecured easement agreements to con-struct recharge ponds on the DonaldsonFarm and may acquire other sites in thefuture. Use of any recharge facilities onthe Greeley No. 2 Canal is contingentupon obtaining the approval of the NewCache la Poudre Irrigating Company andthe owners of the structures and shall bemade pursuant to the operating policiesand procedures of the New Cache laPoudre Irrigating Company. 8.3. Applic-ants may deliver water from recharge fa-cilities to be constructed along the Cachela Poudre River and/or the South PlatteRiver. 8.4. Applicants may deliver waterfrom recharge accretions from the BeebeDraw and 70 Ranch recharge facilities de-creed in Case Nos. 02CW404 and03CW442, and claimed in Case No.10CW306. 8.5. Applicants may deliverwater from recharge through facilitiesowned and operated by the Central pursu-ant to an agreement between Applicantsand Central. 8.6. Applicants may releasewater from ECCV or ACWWA’s storageaccount in Cornish Plains Reservoir. 8.7.Applicants may deliver water from otherfully consumable sources owned or con-trolled by the Applicants or any otheravailable sources so long as the sourcesare decreed for augmentation purposesby the Water Court, or approved for re-placement use under a Substitute WaterSupply Plan approved by the State Engin-eer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes,or successor statutes, or are otherwiselawfully available for such use. 9. Meth-odology. Consumptive use credit allowedfor the Subject Water Rights will be calcu-lated as the amount delivered at the ap-proved headgate on the Greeley CanalNo. 2 minus the return flow obligations.Applicants will quantify and maintain thehistorical return flows from river headgatediversions based upon the historical useof the shares. 10. Integrated System.The Subject Water Rights will be usedpursuant to, and in accordance with theapplicable terms and conditions of theplans for augmentation, exchanges, andrecharge projects decreed in Case Nos.02CW403, 02CW404 and 03CW442, andany applicable terms and conditions con-tained in the decrees entered in pendingCase Nos . 07CW335, 09CW283,10CW306, 10CW312, 11CW280, and11CW285. Augmentation use of the Sub-ject Water Rights shall be made only un-der and in compliance with the terms andconditions of any applicable decree orSubstitute Water Supply Plan approved bythe State Engineer pursuant to sections37-92-308 or 37-92-309 of the ColoradoRevised Statutes, or successor statutes.11. Bylaw Approval. The Subject WaterRights will not be used as a replacementsupply in any plan for augmentation, de-creed exchange, or recharge project untilthe Applicants complete the New Cache laPoudre Irrigating Company and Cache laPoudre Reservoir Company’s legally ap-plicable requirements and procedures re-garding approval of a change of waterrights. This paragraph shall not preventthe Applicants from using the shares as apart of a Substitute Water Supply Plan ap-proved by the State Engineer pursuant tosection 37-92-308 or 37-92-309 of theColorado Revised Statutes, or successorstatutes, provided such Substitute WaterSupply Plan complies with the New Cachela Poudre Irrigating Company and Cachela Poudre Reservoir Company’s legallyapplicable requirements and proceduresregarding approval of such plans. 12.General Location Map. A map, generallyshowing the relationship of the area en-compassed by the claims in this applica-tion is attached as Exhibit 8. 13. Name(s)and address(es) of owner(s) of land onwhich structure is or will be located, andupon which water is or will be stored. TheGreeley Canal No. 2 and the Cache laPoudre Reservoir are owned by the NewCache la Poudre Irrigating Company andthe Cache la Poudre Reservoir Company,whose address is 33040 Railroad Avenue,Lucerne, CO 80646, Attn: Mike Hungen-berg. WHEREFORE, Applicants respect-fully request that the Court enter a decreegranting the change of water rights and forsuch other relief, which it deems proper.(Application – 14 pages; Exhibits - 13pages)

THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECT INPRIORITY 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 ofJUNE 2013 ( fo rms ava i l ab le onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $130.00 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.: 927945First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Misc. Private Legals

Exhibit 3 and Exhibit 4 contain “StructureSummary Reports” prepared by the Stateconcerning the Greeley Canal No. 2 andthe Cache la Poudre Reservoir that con-tain diversion records for said structures.5. Historical Use. The Subject WaterRights were historically used to irrigatecrops on lands depicted on the map at-tached as Exhibit 5. 5.1. Orr-Swift Farm.Fifty-four (54) shares of the New Cache laPoudre Irrigating Company, representedby Certificate Nos. 4788 and 4789 werehistorically used to irrigate approximately310 acres located about 1 mile west of Lu-cerne, in part of the W1/2 of Section 19,Township 6 North, Range 65 West, and inpart of the NE1/4 of Section 24, Township6 North, Range 66 West of the 6th P.M.,Weld County, Colorado. (Certificate Nos.4788 an 4789 also include 22 shares forthe Keirnes Farm and 8 shares for theOrr-Tollgate Farm in addition to the 54shares for the Orr-Swift Farm.) The farmcropping consisted primarily of a mix ofcorn, alfalfa, and wheat. The New Cachela Poudre Irrigating Company shares werecarried to the Orr-Swift Farm via a lateralditch. 5.2. Orr-Tollgate Farm. Eight (8)shares of the New Cache la Poudre Irrig-ating Company, represented by Certific-ate Nos. 4788 and 4789 and eight (8)shares of the Cache la Poudre ReservoirCompany, represented by Certificate No.4034, were historically used to irrigate ap-proximately 63 acres located about 6miles west-northwest of Greeley, in theW1/2 of the SW1/4 of Section 29, Town-ship 6 North, Range 66 West of the 6thP.M., Weld County, Colorado. The farmcropping consisted primarily of a mix ofcorn, alfalfa, sugar beets, and smallgrains. 5.3. Podtburg-Klaus Farm. Four(4) shares of the New Cache la Poudre Ir-rigating Company, represented by Certific-ate No. 4801 and four (4) shares of theCache la Poudre Reservoir Company,represented by Certificate No. 4045, werehistorically used to irrigate approximately63 acres on the Podtburg Farm locatedabout 6 miles northwest of Greeley, in theW1/2 of the SW1/4 and W1/2 of the SE1/4of Section 19, Township 6 North, Range66 West of the 6th P.M., Weld County,Colorado. From 2005 to 2010, the shareswere used for irrigation on the Klaus Farmlocated in the E1/2 of the SW1/4 of Sec-tion 19, Township 6 North, Range 66 Westof the 6th P.M., Weld County, Colorado.The farm cropping consisted primarily of amix of silage corn, alfalfa, beans, and pas-ture grass. 5.4. Keirnes Farm. Twentytwo (22) shares of the New Cache laPoudre Irrigating Company, representedby Certif icate Nos. 4788 and 4789(formerly Certificate No. 4555), were his-torically used to irrigate approximately 186acres located 2 miles west of Lucerne, inthe E1/2 of Section 23, Township 6 North,Range 66 West of the 6th P.M., WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of corn, al-falfa, and pasture grass. 5.5. GodingFarm. Sixteen (16) shares of the NewCache la Poudre Irrigating Company, rep-resented by Certificate No. 4654, sixteen(16) shares of the Cache la Poudre Reser-voir Company, represented by CertificateNo. 3929 were historically used to irrigateapproximately 135 acres located in theNE1/4 of Section 28, Township 6 North,Range 64 West of the 6th P.M. in WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of small veget-ables, alfalfa, and corn. The New Cachela Poudre Irrigating Company and theCache la Poudre Reservoir Companyshares were carried to the Goding Farmvia a lateral ditch. 5.6. Donaldson Farm.Eight (8) shares of the New Cache laPoudre Irrigating Company, representedby Certificate No. 4812, eight (8) shares ofthe Cache la Poudre Reservoir Company,represented by Certificate No. 4058 werehistorically used to irrigate approximately60 acres located in W1/2 of the SW1/4 ofSection 22, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado. The farm cropping consistedprimarily of a mix of silage corn, small ve-getables, sugar beets, and dry beans.The New Cache la Poudre Irrigating Com-pany and the Cache la Poudre ReservoirCompany shares were carried to the Don-aldson Farm via a lateral ditch. 5.7. Diver-sion summaries for the New Cache laPoudre Irrigating Company and the Cachela Poudre Reservoir Company from theColorado Decision Support System are at-tached as Exhibit 6 and Exhibit 7. 6. Pro-posed Change of Use of the Subject Wa-ter Rights. The Applicants seek to use thehistorical consumptive use portion of theSubject Water Rights as follows: 6.1.Change in Type of Use. 6.1.1. ECCVseeks to use the Subject Water Rights dir-ectly or as a source of substitute supplyfor the ECCV Augmentation Plan decreedin Case No. 02CW403 for pumping waterfor delivery to ECCV’s service area fromthe ECCV Well Field. ECCV will followthe procedures in paragraph 19 of the de-cree in Case No. 02CW403 and para-graph 25.5 of the decree entered in CaseNos. 02CW404 and 03CW442 to add theSubject Water Rights as an additionalsource of replacement supply. 6.1.2. EC-CV seeks to use the Subject Water Rightsfor delivery to recharge in the Beebe Drawpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442. ECCV will follow the proced-ures in paragraph 19 of the decree inCase No. 02CW403 and paragraph 15.4of the decree in Case Nos. 02CW404 and03CW442 to include the Subject WaterRights as an additional source of re-charge water. 6.1.3. ECCV seeks to usethe Subject Water Rights as a source ofsubstitute supply for the appropriative rightof exchange decreed in Case Nos.02CW404 and 03CW442, and sought inthe application filed by United and ECCV,as it may be amended, in Case No.11CW285. 6.1.4. ECCV seeks to storeand exchange the Subject Water Rights inBarr Lake, United Reservoir No. 3, andGilcrest Reservoir as claimed in Case No.11CW280. 6.1.5. ECCV and United seekto use the Subject Water Rights directly oras a source of substitute supply for the 70Ranch Augmentation Plan decreed inCase Nos. 02CW404 and 03CW442, andas claimed in the amended application inCase No. 10CW306. The Applicants willfollow the procedures in paragraph 25.6.1.of the decree in Case Nos. 02CW404 and03CW442 to add the Subject Water Rightsas an additional source of replacementsupply. 6.1.6. ACWWA seeks to use theSubject Water Rights directly or as asource of substitute supply pursuant to theplan for augmentation claimed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ECCV Well Field.6.1.7. ACWWA seeks to use the SubjectWater Rights for delivery to recharge inthe Beebe Draw pursuant to the rechargeprojects claimed in Case No. 10CW306.6.1.8. ACWWA seeks to use the SubjectWater Rights as a source of substitutesupply for the substitution and exchangesought in the application, as it may beamended, in Case No. 09CW283, filed onbehalf of ACWWA and United. 6.1.9.ACWWA seeks to use the Subject WaterRights directly or as a source of substitutesupply pursuant to the plan for augmenta-tion claimed in Case No. 10CW306 for de-livery to ACWWA’s service area from thewells included in the United No. 2 Diver-sion Wells and the added wells claimed incase No. 10CW306. 6.1.10. ACWWAseeks to use the Subject Water Rights fordelivery to recharge on the 70 Ranch asclaimed in Case No. 10CW306. 6.1.11.ACWWA seeks to store the Subject Wa-ter Rights in its 500 acre-foot account inUnited Reservoir No. 3 pursuant to theIGA. 6.1.12. For all municipal uses, in-cluding but not limited to domestic, mech-anical, manufacturing, commercial, indus-trial, 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 areas of ACWWA and ECCV, asthey now exist or may exist in the future.6.1.13. In addition to the uses described inparagraphs 6.1.1. through 6.1.11. above,ACWWA and ECCV claim the right, onceall return flow obligations have been satis-fied, to use, reuse, successively use anddispose of, by sale, exchange, augmenta-tion, or otherwise, to extinction all con-sumptive use water exchanged, lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 6.2.Change in Place of Use. ECCV andACWWA seek to use the water attribut-able to the Subject Water Rights on landswithin ECCV’s and/or ACWWA’s presentand future service area. 7. Delivery of theSubject Water Rights. Applicants will takedelivery of their pro-rata share of riverheadgate diversions through the GreeleyNo. 2 Canal and return the depletive por-tion and surface water returns via: 1) theGreeley No. 2 Canal headgate, as adjus-ted; 2) a new augmentation station to beconstructed on the Greeley No. 2 Canal;3) Headgate 88 which is located at suchpoint where the Greeley No. 2 Canal inter-sects with Sand Creek in the NE1/4 ofSection 16, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado, and the Sand Creek Spillway Aug-mentation Station located near the centerof Section 27, Township 6 North, Range65 West of the 6th P.M. in Weld County,Colorado pursuant to an agreement withthe Central Colorado Water ConservancyDistrict (“Central”); 4) the John Law Seep-age Ditch which is located in the NW1/4 ofthe SW1/4 of Section 14, Township 6North, Range 67 West of the 6th P.M. inLarimer County, Colorado; 5) at CornishPlains Reservoir which is an off-channelreservoir located within portions of Sec-tions 5, 8, and 9, Township 6 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado; and/or the existing aug-mentation stations on the Greeley No. 2Canal, subject to the approval of the NewCache la Poudre Irrigating Company. 8.Return Flow Obligations. Applicants shallmeet their winter return flow obligations forthe Subject Water Rights by any of the fol-lowing means: 8.1. Applicants may re-lease water from ECCV or ACWWA’s stor-age account in United Reservoir No. 3,from Gilcrest Reservoir, or from Barr Lake.8.2. Applicants may deliver water from re-charge facilities to be constructed alongthe Greeley No. 2 Canal. Applicants havesecured easement agreements to con-struct recharge ponds on the DonaldsonFarm and may acquire other sites in thefuture. Use of any recharge facilities onthe Greeley No. 2 Canal is contingentupon obtaining the approval of the NewCache la Poudre Irrigating Company andthe owners of the structures and shall bemade pursuant to the operating policiesand procedures of the New Cache laPoudre Irrigating Company. 8.3. Applic-ants may deliver water from recharge fa-cilities to be constructed along the Cachela Poudre River and/or the South PlatteRiver. 8.4. Applicants may deliver waterfrom recharge accretions from the BeebeDraw and 70 Ranch recharge facilities de-creed in Case Nos. 02CW404 and03CW442, and claimed in Case No.10CW306. 8.5. Applicants may deliverwater from recharge through facilitiesowned and operated by the Central pursu-ant to an agreement between Applicantsand Central. 8.6. Applicants may releasewater from ECCV or ACWWA’s storageaccount in Cornish Plains Reservoir. 8.7.Applicants may deliver water from otherfully consumable sources owned or con-trolled by the Applicants or any otheravailable sources so long as the sourcesare decreed for augmentation purposesby the Water Court, or approved for re-placement use under a Substitute WaterSupply Plan approved by the State Engin-eer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes,or successor statutes, or are otherwiselawfully available for such use. 9. Meth-odology. Consumptive use credit allowedfor the Subject Water Rights will be calcu-lated as the amount delivered at the ap-proved headgate on the Greeley CanalNo. 2 minus the return flow obligations.Applicants will quantify and maintain thehistorical return flows from river headgatediversions based upon the historical useof the shares. 10. Integrated System.The Subject Water Rights will be usedpursuant to, and in accordance with theapplicable terms and conditions of theplans for augmentation, exchanges, andrecharge projects decreed in Case Nos.02CW403, 02CW404 and 03CW442, andany applicable terms and conditions con-tained in the decrees entered in pendingCase Nos . 07CW335, 09CW283,10CW306, 10CW312, 11CW280, and11CW285. Augmentation use of the Sub-ject Water Rights shall be made only un-der and in compliance with the terms andconditions of any applicable decree orSubstitute Water Supply Plan approved bythe State Engineer pursuant to sections37-92-308 or 37-92-309 of the ColoradoRevised Statutes, or successor statutes.11. Bylaw Approval. The Subject WaterRights will not be used as a replacementsupply in any plan for augmentation, de-creed exchange, or recharge project untilthe Applicants complete the New Cache laPoudre Irrigating Company and Cache laPoudre Reservoir Company’s legally ap-plicable requirements and procedures re-garding approval of a change of waterrights. This paragraph shall not preventthe Applicants from using the shares as apart of a Substitute Water Supply Plan ap-proved by the State Engineer pursuant tosection 37-92-308 or 37-92-309 of theColorado Revised Statutes, or successorstatutes, provided such Substitute WaterSupply Plan complies with the New Cachela Poudre Irrigating Company and Cachela Poudre Reservoir Company’s legallyapplicable requirements and proceduresregarding approval of such plans. 12.General Location Map. A map, generallyshowing the relationship of the area en-compassed by the claims in this applica-tion is attached as Exhibit 8. 13. Name(s)and address(es) of owner(s) of land onwhich structure is or will be located, andupon which water is or will be stored. TheGreeley Canal No. 2 and the Cache laPoudre Reservoir are owned by the NewCache la Poudre Irrigating Company andthe Cache la Poudre Reservoir Company,whose address is 33040 Railroad Avenue,Lucerne, CO 80646, Attn: Mike Hungen-berg. WHEREFORE, Applicants respect-fully request that the Court enter a decreegranting the change of water rights and forsuch other relief, which it deems proper.(Application – 14 pages; Exhibits - 13pages)

THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECT INPRIORITY 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 ofJUNE 2013 ( fo rms ava i l ab le onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $130.00 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.: 927945First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Public Notice

District Court, Countyof Elbert, State of ColoradoCase No. 12 DR 121, Div. 1

Summons In the Matter of the Petitionof Tammy Black and Gregory Black InRe: the Parental ResponsibilitiesConcerning Aiden Hammer;Tammy Black and Gregory Black,PetitionersKylee Carr, Jesse R. Hammer andJoe Doe, Respondents

The People of the State of Colorado toJesse R. Hammer

You are hereby summoned and requiredto appear and defend against the claimsof the Petition filed with the Court in thisaction, by filing with the Clerk of the Courtan answer or other response. You are re-quired to file your answer or responsewithin thirty five days after the service ofthis summons upon you. Service of thissummons shall be complete on the day ofthe last publication. A copy of the Petitionand Summons may be obtained from theClerk of the Court during regular businesshours.

If you fail to file your answer or other re-sponse to the Petition in writing withinthirty five days after the date of the public-ation, judgment by default may berendered against you by the Court for therelief demanded in the Petition without fur-ther notice.

This is an action for a determination of is-sues including allocation of parental re-sponsibilities, (decision-making and par-enting time), child support and attorneyfees and costs regarding the minor child,Aiden Hammer, born on June 12, 2012 inWashington State, as described more fullyin the Petition on file with the Clerk of theCourt.

A hearing on this matter has been set forJuly 10, 2013 at 8:30 a.m., in the DistrictCourt in and for the County of Elbert, 751Ute Avenue, Kiowa, Colorado 80112.

Dated: May 8, 2013./s/ Susan Fuller

Legal Notice No.: 927947First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Public Notice

Notice of Sale

Contents unknown and boxes of personalitems, belonging to Kenneth Kurtz,whose last known address is: P.O. Box0662 Elizabeth, CO 80107, and stored inthe unit #67 STORAGE ONE/Elizabeth,5229 HWY 86 Elizabeth, CO. 80107, willbe sold at auction or otherwise disposedof at this location After 05/31/2013.

Legal Notice No.: 927949First Publication: May 16, 2013Last Publication: May 23, 2013Publisher: The Elbert County News

Public Notice

District Court, Countyof Elbert, State of ColoradoCase No. 12 DR 121, Div. 1

Summons In the Matter of the Petitionof Tammy Black and Gregory Black InRe: the Parental ResponsibilitiesConcerning Aiden Hammer;Tammy Black and Gregory Black,PetitionersKylee Carr, Jesse R. Hammer andJoe Doe, Respondents

The People of the State of Colorado toJohn Doe.

You are hereby summoned and requiredto appear and defend against the claimsof the Petition filed with the Court in thisaction, by filing with the Clerk of the Courtan answer or other response. You are re-quired to file your answer or responsewithin thirty five days after the service ofthis summons upon you. Service of thissummons shall be complete on the day ofthe last publication. A copy of the Petitionand Summons may be obtained from theClerk of the Court during regular businesshours.

If you fail to file your answer or other re-sponse to the Petition in writing withinthirty five days after the date of the public-ation, judgment by default may berendered against you by the Court for therelief demanded in the Petition without fur-ther notice.

This is an action for a determination of is-sues including allocation of parental re-sponsibilities, (decision-making and par-enting time), child support and attorneyfees and costs regarding the minor child,Aiden Hammer, born on June 12, 2012 inWashington State, as described more fullyin the Petition on file with the Clerk of theCourt.

A hearing on this matter has been set forJuly 10, 2013 at 8:30 a.m., in the DistrictCourt in and for the County of Elbert, 751Ute Avenue, Kiowa, Colorado 80112.

Dated: May 8, 2013./s/ Susan Fuller

Legal Notice No.: 927948First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Page 15: Elbert County News  051613

carrying equipment more control in the fi rst few steps while lowering down the side, Bray said.

“They are fun calls,” he said. “We added more challenging components, rather than a low-angle call.”

A rescue in such conditions would begin with having a rescuer rappel to the bottom to assess the victim’s condition, Bray said. Once fi refi ghters determine whether the call is a rescue or a recovery, the tripod, an-chors and lowering system are established to begin the real work.

On training day, about 15 fi refi ghters and paramedics formed teams to anchor the tripod, securing ropes from the pul-ley system to a “bomb-proof” anchor, said Larkspur Fire Lt. Chad Campagnola.

Bomb-proof anchors include live, ma-ture trees or permanently set boulders —

anything that will not shift if faced with sev-eral hundred pounds of pull, Campagnola said. By the time the anchors were set, four ropes connected to three anchors held the tripod in place.

On training day, Castle Rock Fire and Rescue Lt. Matt Rettmer called on a vol-unteer to demonstrate the pulley system, carrying a basket designed to secure a per-son for the trip back up. The volunteer was 18-year-old EMT Ethan Howard from Lark-spur, the day’s youngest trainee.

Howard made the trip down and back without a hiccup.

“It wasn’t high enough,” Howard said of the 40-foot drop. “I like heights.”

The training provided an invaluable re-source to Elizabeth Fire, said TJ Steck, Eliza-beth Fire Protection District chief.

“(It) is just one more example of how the local fi re departments are collaborating to provide better service while saving money,” Steck said. “Our fi refi ghters are more quali-fi ed and safer because they are able to share new concepts and theories among the agencies involved.”

Elbert County News 15 May 16, 2013

15-Color

Misc. Private Legals

Summons In the Matter of the Petitionof Tammy Black and Gregory Black InRe: the Parental ResponsibilitiesConcerning Aiden Hammer;Tammy Black and Gregory Black,PetitionersKylee Carr, Jesse R. Hammer andJoe Doe, Respondents

The People of the State of Colorado toJohn Doe.

You are hereby summoned and requiredto appear and defend against the claimsof the Petition filed with the Court in thisaction, by filing with the Clerk of the Courtan answer or other response. You are re-quired to file your answer or responsewithin thirty five days after the service ofthis summons upon you. Service of thissummons shall be complete on the day ofthe last publication. A copy of the Petitionand Summons may be obtained from theClerk of the Court during regular businesshours.

If you fail to file your answer or other re-sponse to the Petition in writing withinthirty five days after the date of the public-ation, judgment by default may berendered against you by the Court for therelief demanded in the Petition without fur-ther notice.

This is an action for a determination of is-sues including allocation of parental re-sponsibilities, (decision-making and par-enting time), child support and attorneyfees and costs regarding the minor child,Aiden Hammer, born on June 12, 2012 inWashington State, as described more fullyin the Petition on file with the Clerk of theCourt.

A hearing on this matter has been set forJuly 10, 2013 at 8:30 a.m., in the DistrictCourt in and for the County of Elbert, 751Ute Avenue, Kiowa, Colorado 80112.

Dated: May 8, 2013./s/ Susan Fuller

Legal Notice No.: 927948First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Misc. Private Legals

You are hereby summoned and requiredto appear and defend against the claimsof the Petition filed with the Court in thisaction, by filing with the Clerk of the Courtan answer or other response. You are re-quired to file your answer or responsewithin thirty five days after the service ofthis summons upon you. Service of thissummons shall be complete on the day ofthe last publication. A copy of the Petitionand Summons may be obtained from theClerk of the Court during regular businesshours.

If you fail to file your answer or other re-sponse to the Petition in writing withinthirty five days after the date of the public-ation, judgment by default may berendered against you by the Court for therelief demanded in the Petition without fur-ther notice.

This is an action for a determination of is-sues including allocation of parental re-sponsibilities, (decision-making and par-enting time), child support and attorneyfees and costs regarding the minor child,Aiden Hammer, born on June 12, 2012 inWashington State, as described more fullyin the Petition on file with the Clerk of theCourt.

A hearing on this matter has been set forJuly 10, 2013 at 8:30 a.m., in the DistrictCourt in and for the County of Elbert, 751Ute Avenue, Kiowa, Colorado 80112.

Dated: May 8, 2013./s/ Susan Fuller

Legal Notice No.: 927948First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Misc. Private Legals

You are hereby summoned and requiredto appear and defend against the claimsof the Petition filed with the Court in thisaction, by filing with the Clerk of the Courtan answer or other response. You are re-quired to file your answer or responsewithin thirty five days after the service ofthis summons upon you. Service of thissummons shall be complete on the day ofthe last publication. A copy of the Petitionand Summons may be obtained from theClerk of the Court during regular businesshours.

If you fail to file your answer or other re-sponse to the Petition in writing withinthirty five days after the date of the public-ation, judgment by default may berendered against you by the Court for therelief demanded in the Petition without fur-ther notice.

This is an action for a determination of is-sues including allocation of parental re-sponsibilities, (decision-making and par-enting time), child support and attorneyfees and costs regarding the minor child,Aiden Hammer, born on June 12, 2012 inWashington State, as described more fullyin the Petition on file with the Clerk of theCourt.

A hearing on this matter has been set forJuly 10, 2013 at 8:30 a.m., in the DistrictCourt in and for the County of Elbert, 751Ute Avenue, Kiowa, Colorado 80112.

Dated: May 8, 2013./s/ Susan Fuller

Legal Notice No.: 927948First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Misc. Private Legals

You are hereby summoned and requiredto appear and defend against the claimsof the Petition filed with the Court in thisaction, by filing with the Clerk of the Courtan answer or other response. You are re-quired to file your answer or responsewithin thirty five days after the service ofthis summons upon you. Service of thissummons shall be complete on the day ofthe last publication. A copy of the Petitionand Summons may be obtained from theClerk of the Court during regular businesshours.

If you fail to file your answer or other re-sponse to the Petition in writing withinthirty five days after the date of the public-ation, judgment by default may berendered against you by the Court for therelief demanded in the Petition without fur-ther notice.

This is an action for a determination of is-sues including allocation of parental re-sponsibilities, (decision-making and par-enting time), child support and attorneyfees and costs regarding the minor child,Aiden Hammer, born on June 12, 2012 inWashington State, as described more fullyin the Petition on file with the Clerk of theCourt.

A hearing on this matter has been set forJuly 10, 2013 at 8:30 a.m., in the DistrictCourt in and for the County of Elbert, 751Ute Avenue, Kiowa, Colorado 80112.

Dated: May 8, 2013./s/ Susan Fuller

Legal Notice No.: 927948First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Government Legals Public Notice

Elbert County District C-2– Kiowa Schools

Notice of Intent to DestroySpecial Education Records

Special Education records for studentswho have not received services in ElbertCounty District C-2, Kiowa Schools, forfive or more years are scheduled to bedestroyed May 2013. In order to maintainconfidentiality, these records will be shred-ded. If you believe you or your child mayhave such records and wish to claim themplease contact the school district at 303-867-8431 for middle and high schools and303-867-8466 for elementary. The dead-line for claiming records is May 23rd,2013.

Legal Notice No.: 927946First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

Government Legals

Special Education records for studentswho have not received services in ElbertCounty District C-2, Kiowa Schools, forfive or more years are scheduled to bedestroyed May 2013. In order to maintainconfidentiality, these records will be shred-ded. If you believe you or your child mayhave such records and wish to claim themplease contact the school district at 303-867-8431 for middle and high schools and303-867-8466 for elementary. The dead-line for claiming records is May 23rd,2013.

Legal Notice No.: 927946First Publication: May 16, 2013Last Publication: May 16, 2013Publisher: The Elbert County News

PUBLIC NOTICE

NOTICE TO CREDITORSEstate of Michael A. Perrella,aka Michael Perrella, DeceasedCase Number: 2013 PR 24

All persons having claims against the above-named estate are required to pres-ent them to the Personal Representative or to the District Court of Elbert County, Colorado on or before September 16,

2013 or the claims may be forever barred.

Lucy L. Perrella-FranceusPersonal Representative199 Jamestown RoadBasking Ridge, NJ 07920-3056

Legal Notice No: 927950First Publication: May 16, 2013Last Publication: May 30, 2013Publisher: The Elbert County News

Notice To Creditors Notice To Creditors

Every day, the governmentmakes decisions that can affect yourlife. Whether they are decisions onzoning, taxes, new businesses ormyriad other issues, governmentsplay a big role in your life.

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Jacob Love, foreground, � re� ghter/paramedic with the Elizabeth Fire Protection District, was among about 15 � re� ghters who participated in ropes training May 7 with area agencies. Photo by Rhonda Moore

Continued from Page 1

Ropes

hotline system and sets up fi ve walk-in crisis service centers around the state. Mobile and residential crisis services also would be available un-der the bill.

The legislation also creates a pub-lic information campaign to raise awareness of mental health services and needs. The bill directs the De-partment of Human Services to set up a request-for-proposal process

that will lead to a coordinated men-tal health crisis system.

The bill was the result of a call by Hickenlooper in December to re-vamp the state’s mental health sys-tem, an effort by the governor that was sparked by last year’s Aurora theater shootings. Bill sponsors say the legislation fi nally allows the state to pump money back into an under-funded mental health system, which took a big hit during the 2002 reces-sion, said Rep. Tracy Kraft-Tharp, D-Arvada, a bill sponsor.

“We have never been able to bring funding back up to the 2002 level,”

Kraft-Tharp said. “That’s why mak-ing mental health a priority to rede-sign and strengthen our system is the right thing to do.”

Although the bill received biparti-san support in both legislative cham-bers, many Republicans opposed the effort. Sen. Kevin Lundberg, R-Berthoud, said the bill sets up a “statewide control system” of mental health resources, which he believes is better dealt with at the local level.

“I believe it is setting up a new path for mental health management, and that is: We’re gonna do it at the state level,” Lundberg said.

clerk’s offi ce and administra-tive functions.

The police and public works departments continue to work out of their respec-tive offi ces on Main Street and Washington Street.

“The old town hall is over 100 years old,” Phibbs said. “At one time all of the town’s departments functioned out of that building.”

The new building was built in 2004 and is more than 6,800 square feet, com-pared with the old building at about 2,900 square feet. The new building has an upstairs loft that remains available for expansion, Phibbs said. The parking lot provides off-street park-ing with access for disabled visitors. Improvements to the drainage in the parking lot will begin this summer.

“We’re very happy with the new building,” Phibbs said.

Continued from Page 1Town hall

Continued from Page 1

Crisis

Page 16: Elbert County News  051613

WWII vets visit memorials 29 are guests of Denver nonpro� t for D.C. trip By Tom Munds [email protected]

Twenty-nine World War II veterans from communi-ties along the Front Range, representing every branch of the military service, used words like “amazing,” “memorable” and “emo-tional” to describe their Rocky Mountain Honor Flight trip to Washington, D.C.

“This was a very spe-cial trip for me. It was very memorable,” Littleton resi-dent Frank Epperson, who fl ew with the famous Flying Tigers in China, said of the May 2-4 trip. “I appreciate all the honor fl ight did to make this a special trip for those of us who served in World War II. I was humbled and honored when people I have never met come up to thank me for my service. This is a trip I will not for-get.”

Rocky Mountain Honor Flight, a Denver-based non-profi t, gives World War II veterans the opportunity to visit the national World War II Memorial in Washington.

The volunteers of Rocky Mountain Honor Flight did all they could to make this a very special trip for the guests of honor. Active-duty military personnel met the veterans at the airport and helped them with their bag-gage. Then, people in the airport and on the plane ap-plauded when the presence of World War II veterans was announced.

The fl ight landed at Bal-timore and a fi re truck shot an arc of water over the plane, there were fl ag-wav-ing volunteers as the group got off the plane and a brass band greeted them at bag-gage claim.

Englewood resident Sel Hewitt, a radio operator on a B-29 in the Pacifi c during the war, said the trip was fantastic and was a never-to-be-forgotten experience.

“I think every veteran appreciated every minute of that trip,” he said. “Every-

thing was special, the places we visited and the contacts we had with people of all ages who were interested in what we had done and what we were doing.”

Franktown resident Doug Brown, an Army vet-eran, agreed.

“This trip was pretty unique, as were the greet-ings and bands and the oth-er special things that were done for our visit,” Brown said. “We were greeted and treated very well. I was in an armored unit that took part in the invasion of Germany. It was very important to me to talk to people who had similar experiences.”

Planners kept the vet-erans busy. Among other activities, they visited the World War II Memorial, the Vietnam and Korean me-morials, and watched the changing of the guard at the Tomb of the Unknowns at Arlington National Cem-etery.

Some activities just hap-pened. For example, the Dothan (Ala.) High School band was at the World War II Memorial during the honor fl ight visit and they performed a special concert for the veterans.

Numerous student groups were at the World War II Memorial, and Chase Burrows, a student at a Sumter, S.C., middle school, spent quite a bit of time talking to the veterans.

“This is special to me. My great-grandfather died in World War II, when his

plane was shot down. I have read about the war and we studied it in school but talk-ing to these men means a lot more than reading and studying.”

He said he talked to Dick Olson about his experience in a submarine, to Dick Frank about his experience as a Marine and Littleton resident Hos Varner about how he joined the Coast Guard and was assigned to

crews bringing ships back from the Philippines.

“I really thank these men for what they did,” Burrows said. “They are really heroes in my eyes.”

On the fl ight back to Denver, the veterans had a surprise with a special “mail call” as each man re-ceived an envelope with 20 to 25 letters from fam-ily, friends and, more often, from people they had never met thanking them for their service.

“This is a surprise and it is tremendous,” Vic Olson said as he read the letters. “I truly appreciate the letters and the sentiments they expressed. It is moving and very, very special.”

The fi nale came when the veterans arrived at Den-ver International Airport, where they were met by a cheering, applauding crowd of about 200 friends, family, military personnel, police offi cers and fi refi ghters in uniform and well-wishers.

Members of the Patriot Guard lined the wall hold-ing American fl ags, and the El Jebel pipe band played to welcome the veterans home.

World War II veteran Sel Hewitt of Englewood talks about his experiences to a group of students during the visit to the World War II Memorial. Hewitt was part of a Rocky Mountain Honor Flight trip to Washington, D.C. Photos by Tom Munds

World War II veterans Greg Lawrence of Littleton, left, and Marv Olsen of Denver look at names on the Vietnam Memorial. The men were part of a May 2-4 honor � ight to Washington, D.C.

16 Elbert County News May 16, 2013

16-Color

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SOLDIERS and

VETERANS give us a reason to

SMILEWe wish to thank all veteran soldiers that

serve, or have served, our country.

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