Englewood herald 062113

Englewood 6-21-13

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June 21, 2013 75 centsA Colorado Community Media Publication

Arapahoe County, Colorado • Volume 93, Issue 18

Printed on recycled newsprint. Please recycle this copy.

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Business district could be historyOpponent’s petitions spell end to South Broadway entityBy Tom [email protected]

The final chapter is being written in the history of the South Broadway Business Im-provement District.

The curtain started to come down at the June 17 Englewood City Council meeting, when Bob Laughlin, BID president, said the district had ceased efforts to overturn the validity of the dissolution petitions.

“The goal of the BID has always been to make Englewood a better place to own or operate a business,” he said. “Unfortunate-ly, we were not able to rally enough support to overturn the dissolution petitions. We now bow to the decision of the city council in regards to the distribution of the district’s assets.”

The South Broadway Business Improve-ment District was formed by election in 2006 and includes all commercial proper-ties on both sides of Broadway from Yale Avenue to U.S. Highway 285. Proponents sought to create the self-taxing, self-gov-erned program to finance projects above and beyond those provided by governmen-tal agencies.

Merchants along the stretch of Broad-way launched the successful grass-roots ef-fort to create the business district, followed the process and, in the required November 2006 election, property owners voted al-most 2-1 to create the district.

However, not every property owner in the district was pleased with its creation or

Crews demolishing old Flood schoolWork began June 13 to clear site for apartment complexBy Tom [email protected]

The resounding crash of falling bricks, wood and debris replaced the normal quiet at Kenyon and Lincoln June 13 as demoli-tion of Flood Middle School began.

On the morning of June 14, Alpine De-molition had two men on the job — one man at the controls of the 450-ton backhoe excavator and the other spraying water on the site to keep down the dust.

The equipment operator used the power of the machine to pull down walls, rip out supports and knock down floors. He also used the jaws of the bucket to delicately lift pieces of metal from the debris and drop them in a separate pile to be recycled.

The excavator pulled down outside walls

exposing former classrooms that still in-clude some fixtures like an occasional desk or bookcase.

Billy Major, head of project general con-tractor Major Environmental, said the de-molition would take about a month.

“Crews are demolishing a building that is probably a total of 115,000 square feet. It is a big job and the crews will do it a step at a time,” he said. “They will continue to take down much of the south end of the build-ing and then move north, gradually clearing the concrete floor, which is a better surface for operating the backhoe. The debris will be piled up on site. There will be separate piles including the piles of bricks and metal that will be recycled. Once the building is down, they will begin trucking the debris away to clear the site.”

The property covers about 4.4 acres, which includes the 109,000-square-foot school building that fronts on Broadway for almost two blocks as well as a sizable, grass-

covered lot to the east across Lincoln Street.Once the school building is demolished

and the site cleared, plans are to construct a complex containing 310 apartments. There will be two, four-story buildings, one on the Flood site and one on the grassy lot to the east. The concept is to design the buildings so all tenant parking is on the site.

Charlene Overhill pulled her car to the curb and got out to watch the demolition.

“I hate to see this happen. That was my school and I have fond memories of my years there and the friends I made when we lived in Englewood,” the Littleton resi-dent said. “I just happened to be in the area and wanted to see the site while most of the building was still standing. I guess our beloved school is just a victim of time and progress.”

The demolition crew first knocked down the southeast corner of the building, de-

A backhoe excavator operator brings down a section of the wall over the main entrance to Flood Middle School. Alpine Demolition is clearing the site so the developer can construct a 310-apartment complex. Photo by Tom Munds

Elks hold Flag Day ceremony in EnglewoodLodge stages presentation about banner’s historyBy Tom [email protected]

Englewood Elks Lodge 2122 held its an-nual Flag Day ceremony on June 15.

“In 1911, The Elks Grand Lodge adopted the resolution establishing June 14 as Flag Day and established mandatory obser-vance of Flag Day by every Elks lodge,” said Chris Blakely, exalted ruler of the Engle-wood lodge. “Our program today seeks to help people understand how the symbol of our country evolved to the flag we fly to-day.”

President Harry Truman established June 14 as Flag Day, but Pennsylvania is the

only state that has established Flag Day as a recognized holiday for its employees.

For the June 15 event, a podium and flag stands were set up near the south end of the lodge parking lot. Blakely officiated, and as he talked about each flag, a member of the lodge brought in the flag and posted it in the stand.

The presentation talked about nine dif-ferent American flags and the POW flag. Flags posted include two flown by colonies in the 1760s to the one flown by the Conti-nental Army during the Revolutionary War. There were several changes made to the flag until the design evolved to the 50-star flag we fly today.

Blakely and other lodge officials also talked about lodge and its community ser-vice programs.

Julie Saltzman of Littleton jotted down

some notes during the presentation as she sat in the audience of about 50 people at-tending the presentation.

“A friend told me about today’s program and I decided to come because I really don’t as much as I should the history of our flag,” she said. “My parents came to the States from Poland and I was born in Nebraska. I went to school there but I don’t remember learning much about the history of our flag. Because this is my country and my flag, I wanted to know more about it.”

She said the program was very

informative,and some of the things she learned, she planned to teach her grand-children.

Blakely said after the presentation that he would like to find a way to attract more people to the annual Flag Day ceremony.

“We did have some people stop by be-cause we invited some members of the Military Vehicles Collectors of Colorado to bring and display some of their equip-ment,” he said. “We want to invite them back next year and hopefully we’ll have a bigger crowd.”

Chris Blakely, exalted ruler of Englewood Elks Lodge 2122, stands to deliver his presentation during the June 15 Flag Day ceremony. The presentation detailed the evolution of the flag flown today. Photo by Tom Munds

District continues on Page 11School continues on Page 11

2 Englewood Herald June 21, 2013

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Council, school board elections scheduledBy Tom [email protected]

Englewood residents will elect a munici-pal judge, three city council members and three school board members on Nov. 5.

Voters will elect city council representa-tives in District 2, District 4 and one at-large candidate.

Rick Gillit, District 4 representative, will seek re-election.

District 2 representative Linda Olson and Mayor Pro Tem Jim Woodward, the at-large representative whose term expires in November, have not officially announced whether or not they will seek another term on the council.

Englewood resident Tim Donohoo has declared himself a candidate for the at-large council position.

Municipal Judge Vince Atencio also has not officially stated if he will seek another term as the state’s only elected municipal judge.

Although November’s election day is more than four months away, the process for city council and municipal judge candi-dates begins July 1 when the city clerk has candidate information packets ready.

Residents running for city council or municipal judge must collect the signatures of at least 50 registered voters on nominat-ing petitions to qualify to be on the No-vember ballot. The at-large and municipal

judge candidates can collect petition signa-tures citywide. The District 2 and District 4 candidates must collect the signatures of at least 50 registered voters who are residents of the candidate’s district.

School board members who have terms expiring in November and are eligible to seek another term are Gene Turnbull and Tom O’Connor. O’Connor was appointed to fill a vacancy on the board in 2009 so, by law, to remain on the board he must seek a full term in the next municipal election.

School board president Scott Gorsky’s term expires in November but, because of term limits, he is not eligible to seek re-election.

All registered voters in the school district are eligible to vote for school board candi-dates.

Like residents running for city coun-cil, school board candidates must collect at least 50 signatures of registered voters on their nominating petitions to get their name on the November ballot.

The petitions will be available from the school administration building on Aug. 7. The completed petitions must be returned to the executive assistant to the superinten-dent and school board by 5 p.m. Aug. 30.

The city also has placed a non-binding question on the November ballot, asking residents if all aspects of the recreational marijuana industry should be prohibited in Englewood.

Fire bans affect county, Centennial, EnglewoodStaff report

Arapahoe County Sheriff Grayson Rob-inson has issued a ban on all open fires and open burning in Centennial, unincorpo-rated Arapahoe County and Cherry Creek State Park. Englewood followed suit with a ban covering the same activities.

Both bans, effective June 13, will remain in effect until further notice.

In a statement from the sheriff’s office, Robinson says existing conditions “pres-ent an extreme danger for the possibility of wildfire and large wildland fires.”

The bans cover open fires or open burn-ing. Banned activities include: the use of fireworks; any outdoor fires, including but not limited to campfires, fires in perma-nent fire pits or fire grates within developed camp and picnic grounds or recreation sites, charcoal-fueled fires, warming fires, fires in outdoor wood-burning stoves, and any trash or debris fires.

The county ban is enforced as an or-dinance violation that, upon conviction, packs a $500 fine for the first offense, $750 for a second offense, and $1,000 for third and subsequent offenses.

The county ban is the result of discus-sions between the sheriff’s office, area fire chiefs, the county commissioners and the City of Centennial.

For more information, contact the sher-iff at 720-874-4165.

ExCEptions to burn ban

• Fires contained within liquid-fueled or gas stoves, fire-places and wood-burning stoves/fireplaces within habit-able buildings.

• Propane/LP/natural gas-fueled barbecue grills, which do not produce or emit sparks or embers when used.

• Charcoal-fueled grills and pits used for cooking or warming food, which do not produce or emit sparks or embers when used.

• Propane/LP/natural gas-fueled fire pits that do not produce or emit sparks or embers when used.

• Fires set by any federal, state, or local officer, or mem-ber of a fire protection district in the performance of an official duty.

• Public fireworks displays supervised by appropriate firefighting/public safety personnel.

Englewood Herald 3 June 21, 2013

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Council, school board elections scheduled

judge candidates can collect petition signa-tures citywide. The District 2 and District 4 candidates must collect the signatures of at least 50 registered voters who are residents of the candidate’s district.

School board members who have terms expiring in November and are eligible to seek another term are Gene Turnbull and Tom O’Connor. O’Connor was appointed to fi ll a vacancy on the board in 2009 so, by law, to remain on the board he must seek a full term in the next municipal election.

School board president Scott Gorsky’s term expires in November but, because of term limits, he is not eligible to seek re-election.

All registered voters in the school district are eligible to vote for school board candi-dates.

Like residents running for city coun-cil, school board candidates must collect at least 50 signatures of registered voters on their nominating petitions to get their name on the November ballot.

The petitions will be available from the school administration building on Aug. 7. The completed petitions must be returned to the executive assistant to the superinten-dent and school board by 5 p.m. Aug. 30.

The city also has placed a non-binding question on the November ballot, asking residents if all aspects of the recreational marijuana industry should be prohibited in Englewood.

Fire bans affect county, Centennial, Englewood

The county ban is the result of discus-sions between the sheriff’s offi ce, area fi re chiefs, the county commissioners and the City of Centennial.

For more information, contact the sher-iff at 720-874-4165.


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

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Fireworks for July 4 still a go Plans for event could change if county calls for ban on shows staged by professionals By Tom [email protected]

Plans for the joint community July 4 celebration at Belleview, Cornerstone and Progress Parks include most of the usual ac-tivities and, for now, the celebration plans still include an upgraded fi reworks display.

“This has been such a successful event each year that we don’t plan to make many changes to something that is working so well,” said Kraig Stovall, Englewood train-ing chief and one of the event organizers. “Again this year, there will be food vendors, for-a-fee activities like the climbing wall as well as free events like the family fi eld games. Of course, there will be a fi reworks fi nale and, because the county’s ban on all professional fi reworks shows forced us to postpone the event last year, we are work-ing with the fi reworks company to upgrade the show and fi nale.”

However, he added that the status of the fi reworks could change because, on June 13, Arapahoe County Sheriff Grayson Rob-inson issued a total fi re ban for the county. It bans all open fi res and individuals setting off fi reworks.

“We are in a wait-and-see position right now,” Stovall said. “We are planning for the July 4 fi reworks but that could change if the county issues a fi reworks show ban.”

This is the 18th year agencies and com-

munities have joined together to put on a July 4 celebration. For 2013, contributors and sponsors including Englewood, Little-ton, South Suburban Parks and Recreation District, Sheridan, Centennial and Arapa-hoe Counties.

Belleview, Cornerstone and Progress, the three parks clustered near the intersection of West Belleview Avenue and South Win-dermere Street, are the location for July 4 celebration. People generally begin arriving early for the celebration to secure a good spot to watch the fi reworks, but July 4 activ-ities — like games and attractions — don’t get underway until about 3 p.m.

Some activities start earlier, such as the fi shing derby that is held at the lake at Prog-ress Park. Sign-up for the event starts at 7 a.m. and the derby runs until noon. Fish-ing is traditionally pretty good because the state stocks the lake the night before the derby with an abundance of trout.

Other early-starting activities include Belleview Park’s miniature train and chil-dren’s zoo which open at 11 a.m. A small fee is charged for both attractions.

Event-goers are reminded that rules in all three parks prohibit bringing glass con-tainers of any kind, alcoholic beverages or setting off any type of fi reworks — includ-ing sparklers. Police will be patrolling the park on bikes to enforce the rules.

About 7 p.m. entertainment begins on the stage in Cornerstone Park featuring the Deja Blu. The band will be on stage for about two hours.

The day’s activities wrap up about 9:30 p.m. with a countdown that launches the annual fi reworks display.

Families stake out locations early for last year’s July 4 celebration at Cornerstone Park. The event is scheduled to be held again this year, although � re-danger conditions could bring a change of plans. File photo


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Parade is red-and-blue-light specialFire trucks turn out for muster in LittletonBy Tom [email protected]

Timmy Patrick began to bounce up and down on his dad’s shoulders June 15 when he heard the sirens announc-ing a line of emergency vehicles of different colors, sizes and shapes.

The vehicles were on their way into downtown Littleton, launching the 2013 edition of Fire Truck Parade and Muster.

The Centennial boy and his family were among those who lined the route to watch the parade. Attendees then moved to the Arapahoe Community College parking lot for the muster’s annual displays, demonstrations and activi-ties.

“Timmy loves fire trucks,” said John Patrick, the 5-year-old boy’s dad. “He had fire trucks on his wallpaper, fire trucks on his bedroom shelves and even sleeps in pajamas covered with fire trucks. We came last year and he had such a good time we just had to come back.”

Lloyd Vanderhoff, a self-proclaimed fire truck nut, said this year’s parade was shorter than in past years. The cause, he said, could be that many fire departments have de-ployed equipment and personnel to battle wildfires around the state.

However, the parade and muster went on as planned, as a couple dozen pieces of emergency equipment traveled through Littleton to the ACC parking lot.

Many fire departments and some owners opened their equipment to visitors. Firefighters opened equipment compartments to show the gear they carry, and several trucks had open doors to allow young admirers to get be-hind the steering wheel and, in some cases, ring the bell and crank up the antique siren.

A big crowd gathered as two fire trucks, each with sirens wailing and lights flashing, offering rides to kids and their families.

Because kids love to play in water, there was an abun-

dance of water available at the west end of the muster.Two fire hoses were set up for kids. At one station the

target was to push exercise balls around the enclosure, and those at the other station used the stream of water to “put out” wooden representations of flames.

“Look at the grin on my son’s face,” Castle Rock resident Tami Ambrose said as her son, with the help of a Red Rocks Fire Academy volunteer, used the fire hose. “My neighbor told me about today’s event and my 4-year-old loves fire trucks so we decided to come. I am glad we did, because Jonah is having a ball. We’ll definitely mark the date on the calendar so we can come back next year.”

This is the 28th year the fire truck parade and muster has been held in Littleton. It began in 1985 when Schomp Automotive teamed up with the Mile High Hook and Lad-der Club to organize and stage the event.

The Mile High Hook and Ladder Club is an all-volunteer organization made up of individuals seeking to preserve, restore and operate antique firefighting equipment.

A volunteer helps 2-year-old Remy Escala use a fire hose at the June 15 Fire Muster and Parade in Littleton. The annual event featured firefighting displays, demonstrations and activities. Photos by Tom Munds

Visitors move down the rows of firefighting equipment on display during the June 15 Fire Muster and Parade. This is the 28th year the event has been held in Littleton.

Let us ceLebrate with youHave a wedding, anniversary, engagement, birth or special occasion coming up? Share it! Colorado Community Media invites you to place an announcement to share your news. Go to ourcoloradonews.com/celebrations for package and pricing information. Deadline is 10 a.m. Tuesdays the week preceding the announcement.


6

Depot’s future still not decidedCity council supports letterpress plan, but gets cold feet on sale proposalBy Tom [email protected]

The saga of the Englewood Depot con-tinues, as the city council backed the idea of a letterpress museum, but balked at the idea of selling the property.

At the council’s June 17 study session, members were 4-3 in favor of an evaluation committee’s recommendation to accept a proposal submitted by Tom and Patti Par-sons, who want to restore the building and turn it into a letterpress museum.

But in another 4-3 split, council mem-bers decided that — although the request for proposal called for selling the building and land — it would be best to try to negoti-ate a long-term lease for the property.

As a result, the council will receive a resolution at the July 1 meeting to allow city staff to enter negotiations with the Parsons-es, seeking to agree on a lease arrangement

for the city-owned land. The result of the negotiations will determine whether or not the Parsonses will move forward with their proposal.

If the Parsonses reject the lease option, the council then can revisit the issue and agree to the sale of the site, approve the his-torical preservation proposal to restore the depot and make it a city museum, or reject all options and retain ownership of the de-pot.

The depot was built in the early 1900s and sat along the tracks near what is now the intersection of Hampden Avenue and Santa Fe Drive. As freight and passenger traffic declined in the 1950s, it was closed.

Residents rallied to save the depot when it was scheduled for demolition by the de-veloper of what is now the Sports Authority site. Eventually the building was moved to its present location at Dartmouth Avenue and Galapago Street. There was an initial effort to restore it and make it a community museum, but that failed. The city took pos-session of the building and the depot sat untended for decades.

Earlier this year, the council made the decision to seek a buyer and sent out a re-

quest for proposal to restore the building and put it to use.

Two proposals were received. The Engle-wood Historic Preservation Society sub-mitted a proposal to turn the depot into a museum. The group planned to submit ap-plication for grants in order to restore the depot and start museum operations.

The proposal by the Parsonses proposal would undertake historic restoration of the depot and turn the inside into a letterpress operation and museum using their resourc-es. They also would seek historic restora-tion grants.

The Englewood council created a five-member committee to evaluate the two proposals for restoration and reuse of the depot submitted as a result of the city’s re-quest for proposal.

The evaluation committee was made up of three professionals with expertise related to historic preservation and financing of historic structures and two Englewood resi-dents.

Individually and unanimously, the com-mittee recommended moving forward with the Parsons proposal. In their summary of the evaluations, the biggest factor commit-

tee members found in favor of the plan was financial capability to fund rehabilitation and long-term operations.

Council members discussed the recom-mendation and gave consensus approval to move forward with the Parsons propos-al. The consensus was four to three with Mayor Pro Tem Jim Woodward and Coun-cilmembers Bob McCaslin, Jill Wilson and Linda Olson favoring the recommendation. Mayor Randy Penn and Councilmembers Joe Jefferson and Rick Gillit opposing the proposal.

Jefferson and Gillit both said they didn’t want to see the land sold because of its val-ue and felt it should be leased.

There was a sometimes heated discus-sion about seeking to lease the land instead of selling it, as was spelled out in the re-quest for proposal.

The decision was to determine if there was a consensus to try to negotiate a lease instead of a sale of the building and land. Jefferson, Gillit, Penn and Olson agreed the land should be leased. Woodward, Mc-Caslin and Wilson wanted to see the land sold as was indicated in the request for pro-posal.


7

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

Thursday, June 20thBuilding Momentum: 18th Annual EDG Real Estate Breakfast Denver Marriott South at Park Meadows, 10345 Park Meadows Drive, Lone Tree

Southwest Metro Business Alliance Board of Advisors – Location TBD

Friday, June 21stSocial Marketing for Business: Using Video in Social Media Marketing The Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial

Energy & Sustainable Infrastructure Council: Houston Trade Mission, CleanTech Open, Denver Water The Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial

Monday, June 24thChamber Connectors MeetingThe Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial

Tuesday, June 25thBusiness Bible StudyThe Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial Centennial Business Coalition: Lunch with Mayor Kathy NoonThe Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial

Speed Raceway is Back! Come eat, drink and be speedy! – 8532 Concord Center Drive, Englewood

Wednesday, June 26thYou Need to Let an Employee Go... Now What? The Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial

Thursday, June 27thSouth Suburban Parks Foundation presents Bike to Work Day The Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial Littleton Business Coalition: Jerry Healey of Colorado Community MediaArapahoe Community College, 5900 S. Santa Fe Drive, Littleton HealthSouth Rehabilitation Hospital-Littleton Grand Opening & Ribbon Cutting1001 W. Mineral Ave., Littleton

Friday, June 28thPresident’s Leadership ForumThe Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial

Chamber Unplugged hosted by Spa4ThePinkThe Chamber Center, 2154 E. Commons Ave., Suite 342, Centennial

Business After Hours at the Marriott beats the heatDespite the early summer heat, or perhaps because of it, the Chamber’s June Business After Hours was enjoyed by 140

Chamber Investors and guests at the newly renovated Denver Marriott South at Park Meadows. The hotel completed a $3.8 Million renovation last October and is continuing to showcase the new look including the update to its in-house restaurant, Sonoma’z Wine Bar & Grill.

The hotel’s well-known hospitality was enjoyed by all (especially the air conditioning) in their Park Ridge Ballroom. The Marriott’s culinary staff demonstrated their skills as beautifully set appetizers and desserts were continually replen-ished along with the ice cold beverages.

Conversations and laughter among the crowd filled the room with a congenial atmosphere as old friends connected and new friendships were created. Alex Benko of Trout Mobile was one such guest: “The great group of SMDC investors and guests always makes these events a success. Denver Marriott South - Park Meadows was an exceptional venue for tonight’s event.”

Chamber board member and this year’s Community Leader of the Year Jeff Wasden of PROformance Apparel quieted the group long enough to introduce the hotel’s Director of Operations, David DiFalco.

“Thank you all for coming to help us spread the word about our beautiful new hotel. We are eager to invite your fam-ily, friends and business associates to enjoy what we have to offer here at the Denver Marriott South at Park Meadows. The renovation has brought new life and color to every one of the 279 guest rooms, our restaurant - Sonoma’z with its three private dining rooms, our outdoor patios, and our lobby and we look forward to sharing it with Denver,” said DiFalco.

A business card drawing was held with Amanda Doubet of the American Cancer Society winning a $100 gift certificate to Sonoma’z and Karen Doebe-lin of Pots Tea winning an overnight stay at the hotel. The event was a great way to celebrate a long-time Chamber Investor as well as continue to build Remarkable Relationships.

Director of Operations Dave DiFalco welcomes Chamber guests as Chamber Board member Jeff Wasden looks on.

The room was filled with connecting and camaraderie as Chamber Investors and guests mingled during the Business After Hours.

The rule “Presentation is everything” was obvious by the staff’s attention to detail at the appetizer table.

Depot’s future still not decidedtee members found in favor of the plan was financial capability to fund rehabilitation and long-term operations.

Council members discussed the recom-mendation and gave consensus approval to move forward with the Parsons propos-al. The consensus was four to three with Mayor Pro Tem Jim Woodward and Coun-cilmembers Bob McCaslin, Jill Wilson and Linda Olson favoring the recommendation. Mayor Randy Penn and Councilmembers Joe Jefferson and Rick Gillit opposing the proposal.

Jefferson and Gillit both said they didn’t want to see the land sold because of its val-ue and felt it should be leased.

There was a sometimes heated discus-sion about seeking to lease the land instead of selling it, as was spelled out in the re-quest for proposal.

The decision was to determine if there was a consensus to try to negotiate a lease instead of a sale of the building and land. Jefferson, Gillit, Penn and Olson agreed the land should be leased. Woodward, Mc-Caslin and Wilson wanted to see the land sold as was indicated in the request for pro-posal.

Rocky Mountain Praise Choir seeks singersGoal is to get 250 to 350 volunteers to take part in Aug. 11 concertBy Tom [email protected]

Jerry Nelson, pianist, composer, con-ductor and arranger, seeks singers to join him performing at the Aug. 11 concert at Denver First Church of the Nazarene.

“The Rocky Mountain Praise Choir was established in the early 1990s and we did a concert and produced a CD about every two years until about 2000,” Nelson, a Cen-tennial resident, said. “People have been asking, ‘Is the Rocky Mountain Praise Choir was history.’ Obviously, the answer is no, as we will be back in concert Aug. 11.”

He said singers can receive more infor-mation about how to become part of the choir by sending an email to [email protected].

“All singers who register will be sent a compact disc and music so they can re-hearse on their own,” Nelson said. “We haven’t set the date, but I expect we will hold our first group rehearsal in early July and there will be a second one about 10 days later.

That leaves about three weeks for sing-

ers to rehearse individually before we have a dress rehearsal Aug 10.”

There will be no charge for admission but an offering will be taken. However, con-cert-goers who want to assured a seat can purchase reserved seats in the artists circle near the stage as well as tickets guarantee-ing a seat if the performance is sold out.

The talented international performer

also is releasing a new compact disc at the Aug. 11 performance called “Quiet Time Reflections” which is a collection of music performed by Nelson on the piano.

He noted that a large portion of the proceeds from concerts and compact disc sales enable him and his wife, Rachael, to occasionally make trips to the Congo and Zimbabwe. On those African trips, Jerry

performs concerts and his wife works with AIDS victims training youth peer groups. Together they also work on humanitarian programs such as economic water purifica-tion and the education for promising young people.

Nelson noted the program for the con-cert would be a bit different than past per-formances.

“Most of our past concerts included Broadway themes and popular songs along with songs of the church,” he said. “But the music for the Aug. 11 concerts will be tra-ditional hymns of the church and gospel songs.

Most people know the words to these songs so we will urge members of the audi-ence to sing along with us.”

He said he is hopeful the Aug. 11 event will be the first concert in a series of perfor-mances he and the Rocky Mountain Praise Choir will do at locations around Colorado and perhaps at venues in surrounding states.

Jerry Nelson took his first piano lesson at seven, spent a decade in public school music before he became the Artist-in-Res-idence at Denver First Church of the Naza-rene.

Over the years, he created 5,000 arrange-ments, has written more than 50 songs and performed piano concerts nationally and internationally.

Composer and pianist Jerry Nelson performs with a choir and orchestra at a concert. Nelson is recruiting singers for a choir to do a concert with him Aug. 11. Courtesy photo


8-Opinion

opinions / yours and ours

Pulling together in time of emergencyUnfortunately, we know the smoke all

too well.Amid dry grass and strong winds, a

wildfire struck Colorado again last week, consuming more than 480 homes and leav-ing two dead seemingly in the blink of an eye in the Black Forest area near Colorado Springs.

Family after family grabbed photos first then bundled other treasures in an evacu-ation estimated at 40,000 people — about the size of the population of cities like Parker, Littleton or Northglenn. Mean-while, other fires continued to burn across the state.

Once again the smell of smoke reached

the northern confines of our Colorado Community Media coverage area in West-minster — much like the Hayman fire of 2002, which smoke could be smelled more than 100 miles away. We had hoped the loss of about 330 homes and property caused by that blaze would not happen again.

So here go again. Many know the drills by heart — how to help, how to stay safe,

how to comfort others.We heartily commend all the people,

agencies and organizations that always step up so quickly to help others. Fair-ground facilities and associated volunteers were so quick to take in animals, and donated food and essentials always seem to show up pronto.

We are not surprised at the energy and commitment of volunteers and firefight-ers — who are always at the ready. That’s Colorado.

Many of these seasoned vets also are not surprised by the wildfires, and even ex-press surprise that wildfires don’t happen more often. Various ways to reduce wild-

fires are discussed, but increased preven-tive measures is a talk for another time.

But for today, we simply commend all who are so ready, willing and able to help. And for those wanting to donate or volunteer, please seek out your local agen-cies, or more broadly, the American Red Cross is a good place to start by visiting www.redcross.org/co/denver or calling 1-800-REDCROSS. But before reaching out with helping hands, be sure to cover your own bases too — sign up for your respec-tive county emergency alert system, have a kit prepared for emergencies and be ready to leave quickly in case of emergency.

Safety first.

our view

Is it ‘Tebow Time’ in New England?Visitors at the Outlets at Castle Rock recently told Colorado Community Media what they thought about former Denver Bronco Tim Tebow’s opportunity with the New England Patriots.

“I’m happy for him. He’s just a good guy who deserves another crack at the NFL.” — Steve Soper, Littleton

“I was surprised. ... He’s got a lot of bad rap, negative publicity. I think he’s a heck of a good athlete. I think he’s maligned because of his religious stance.” — Wes Banta, Rawlins, Wyo.

“I think it’s a good idea. He can help the team. He’s a good athlete. They should find some good use for him on the team.” — Richard Scalese, Aurora

“I think he’s going to be a dangerous threat. He’s going to be a very good tight end, if they use him that way.” — Chad Hellman, Colorado Springs

question of the week Uncluttering, hoarding, and cleaning the house

A little over a month ago we had a garage sale at my home. We had been preparing for it for several months, actually ever since our last garage sale. We went through the closets, the storage spaces, the crawl space, the basement and the garage looking for everything we could possibly sell or donate.

So as we got closer to the actual day of the garage sale, my garage could have easily been mistaken as the garage of a hoarder as it was completely filled. And filled with stuff that I have no idea where it came from or that we even had any longer. Where does it all come from?

Anyway, the garage sale was a suc-cess and whatever wasn’t sold was taken to Goodwill. My garage was once again cleaned out and the producers of that television show about hoarding stopped calling my home.

Well, then we decided to put my home on the market and try and sell it. We had the Realtor and the professional “stager” come and let us know what we needed to do to get the house in shape for pictures and for showings.

Now keep in mind, we had just unclut-tered the house and got rid of a ton of stuff. Only to now be told that we would have to unclutter even more to make the home more appealing.

We worked for days, filled more bins, and now my garage can once again qualify as a disaster area or hoarder’s paradise.

As we went through these days of uncluttering after having already unclut-tered, I found myself wondering how much “stuff” I was still holding onto in my head and in my heart that could use a little more uncluttering. I mean I pretty much practice goal-setting and when I complete a project or task I move on to the pursuit of the next thing that I need to tackle. That’s the easy part.

But what about the missed opportuni-ties, the losses, the wins or trophies of yesterday that have long since held any relevance?

What about the arguments or disagree-ments that happened so long ago that they no longer carry any meaning? As I thought about and worked on unclutter-ing the physical items in my home, I began multi-tasking and uncluttering the things that were taking up space in the most important parts of my being, my head and my heart.

If you feel like you are holding on to things mentally, emotionally, or physically, maybe even to the point of hoarding, do yourself a favor and clean house. Start un-cluttering and removing the unnecessary, opening up opportunities to spend more time with the people and on those things in life that are truly the most important to us.

If you know what I am talking about, I would love to hear all about how you have uncluttered and cleaned house in your own homes, hearts and minds at [email protected].

When we can start fresh, it will be a bet-ter 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

Meat don’t fail me nowThis one goes out to the ones I love. This

one goes out to the ones I grill out back. An 80-20 to occupy my time. This one goes out to the ones I love.

There sure are a lot of new television programs dedicated to hamburgers. Each one makes my mouth water. The variety of hamburgers in America is benumbing. Harry and Shirley Smith always made what amounted to the Little Hamburgers of the Poor. We didn’t even have caramelized red onions back then.

It was just a disk of brown meat on a fundamental bun with a swipe of mustard. Take it or leave it. I took it. But since then I have discovered there’s much, much more out there.

Each of these programs gives a little his-tory, where the name “hamburger” came from, and where and when the sandwich was introduced in the United States. None of that makes my mouth water, but it is informative. You can find out where and when the first cheeseburger came along. Likewise, the first double-decker. There are some franchises that will give you three, four or five patties, and the phone number of a good cardiologist.

My hamburger awakening happened in 1965 in Westwood, Calif., at a restaurant called Hamburger Hamlet. There’s still a bunch of them around the country. They were started by an actor (therefore Hamlet) named Harry Lewis, who died in 2013 at 93. Rest in peace, Harry. You changed my hamburger life.

The Hamlet burgers were ahead of their time. They were lavished with toppings that were unusual then, and common to-day. My favorite was the Number 11, which came with cheese, and get this, bacon. You can get the same thing almost anywhere now, but 48 years ago that was a big deal.

Harry’s most familiar role was in the Bogart-Bacall film “Key Largo.” He played one of Edward G. Robinson’s thugs, Edward “Toots” Bass. He and his wife Marilyn opened their first Hamlet in 1950 with their savings, $3,500; they sold the franchise in 1997 for $33 million.

I didn’t go to the restaurant very often. I couldn’t afford to. The hamburgers were about five times more expensive than what I was used to. But whenever my father was

in town that’s where we went first. He paid.If you watch one of these new programs,

like “Burger Land,” you will see a menu of head-shaking combinations. There are burgers that come with fries, right on top of the meat.

There’s one restaurant that doesn’t grill their burgers. They are deep-fried in 100-year-old grease. They are fished out of the grease and placed on a bun that acts like a sponge. Even so, most customers get a side order of mops.

There’s a cheeseburger that is made with the cheese in the middle, so when you bite into it the cheese appears for the first time.

Louis’ Lunch in New Haven, Conn., claims to be the birthplace of the ham-burger. They use the same vertical cast-iron gas stoves that they used in 1898. The burgers are unique because they are served on slices of toasted white bread. And the owners won’t allow mustard, ketchup, or mayonnaise. The place is always on top 10 lists of America’s best hamburgers.

In-N-Out burgers make a few of the lists, and I don’t know why. I wasn’t im-pressed. But a member of Denver’s City Council was, and he has started a cam-paign to get the California-based franchise to open up to Colorado. Albus Brooks is councilman for District 8.

Have you ever had a White Castle? It’s 180 degrees from my Number 11, but when I was in high school, you could buy 10 (10) for a dollar. If you’re confused by “an 80-20,” it refers to the best beef-to-fat ratio for a great hamburger, and it’s time for one right now. You too?

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

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

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9

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Pulling together in time of emergencyfires are discussed, but increased preven-tive measures is a talk for another time.

But for today, we simply commend all who are so ready, willing and able to help. And for those wanting to donate or volunteer, please seek out your local agen-cies, or more broadly, the American Red Cross is a good place to start by visiting www.redcross.org/co/denver or calling 1-800-REDCROSS. But before reaching out with helping hands, be sure to cover your own bases too — sign up for your respec-tive county emergency alert system, have a kit prepared for emergencies and be ready to leave quickly in case of emergency.

Safety first.

Lawmakers stay busyAs a state senator, I am sometimes

asked, “What do you do when you’re not in session at the Capitol?” Well, in Colorado, we have a “citizen Legislature,” originally designed for us to be in session January to May, and then go back to our “citizen” jobs in the interim.

Over the years, however, our legisla-tive commitments have increased due to more complicated policy issues requiring more research and vetting time, and due to increased population so we have more constituent needs. Now, many of us serve on policy committees, task forces and commissions all year long.

So, I thought you’d like to know what I’m doing during the interim and year-round. This year, I serve on:

• Colorado Workforce Development Council — finding policies and methods to assist with economic development for businesses from the people side; connect-ing candidates to job skills training and job placement assistance in order to transition back into the workplace or transfer skills into another industry.

• Juvenile Justice Task Force (part of the Commission on Criminal and Juvenile Jus-tice) — reworking the juvenile justice sys-tem and influencing surrounding services to get to the root of the problem and pre-vent youth from committing crimes and ending up in the justice system. Research shows that preventing youth from entering the system can increase graduation rates, reduce crime, and reduce incarceration and community costs.

• Capitol Building Advisory Committee (Chair) — overseeing and making recom-mendations regarding the state Capitol building complex; the current restoration of the Capitol dome and maintenance of the building and grounds, while preserving our state history.

• Joint Technology Committee (Vice Chair) — a new joint legislative committee that will have oversight of our state infor-mation technology investments. Our goal is to save potentially millions of dollars as we utilize best practices from the private sector into state IT projects and hardware/

software acquisitions.• Conflict Resolution Month — a

“synergizers” group that coordinates activi-ties throughout the state during Conflict Resolution Month, October. Year-round, we work to educate and influence elected officials and communities about the high costs of conflict and the tools and tech-niques of managing conflict.

• Early Childhood and School Readi-ness Commission — a commission that reviews and recommends legislation that will help children be ready for school, in-cluding the areas of health, mental health, parental involvement, family support, child care, and early learning.

• Legislative Oversight Committee for the Continuing Examination of the Treat-ment of Persons with Mental Illness Who Are Involved in the Justice System (Chair) — affectionately known as the commit-tee with the longest name; with almost 80 percent of Colorado offenders with mental illness or substance abuse, this is critically both a human and fiscal issue.

In addition to our year-round commit-ments, in the interim, we also work on town halls, constituent needs, community projects and legislation for next session. Also, some of us occasionally have part-time work on the side to supplement our annual salary of $30,000.

That’s it! The interim life of a senator!

State Sen. Linda Newell represents District 26, which includes Littleton, western Centen-nial, Cherry Hills Village, part of Englewood, Sheridan, Columbine Valley and portions of Bow Mar. She can be reached at [email protected] or 303-866-4846.


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U.N. chief discusses world situation in visitSouth Metro Chamber served as co-sponsor of Denver eventBy Jennifer [email protected]

Ever the local advocate, John Brackney, president of the South Metro Denver Cham-ber of Commerce, talked up the metro area to none other than Ban Ki-moon, secre-tary general of the United Nations, during a luncheon at the Oxford Hotel in Denver on June 7.

Ban was in town to speak at the Univer-sity of Denver commencement ceremony, but first he attended The Denver Forum’s luncheon at the invitation of Colorado’s former U.S. Sen. Tim Wirth, who now sits on the U.N. Foundation’s board. Wirth de-scribed Ban’s job as perhaps more difficult than being president of the United States.

“Dealing with 435 congressmen is hard, but dealing with 193 countries, each of which believes they have the paramount voice in the United Nations, is even harder,” he said.

The U.N.’s military, with 110,000 troops in 15 countries, is outnumbered only by that of the United States. The U.N. vacci-nates 60 percent of the world’s children and serves 90 million people a day, up to 36,000 of them refugees like those currently fleeing Syria as rebel forces and the government engage in deadly battle.

Asked whether the United States should get involved in the Syrian crisis, Ban said it’s a sensitive subject, but he expects all lead-ing nations to convene a peace conference on the matter next month in Geneva. In the meantime, the U.N.’s humanitarian arm has asked the agency for more than $5 bil-lion to help the millions of people affected by the conflict.

“We can’t let the Syrian people continue to die this way,” Ban told the audience of about 200 people. “The entire nation has been destroyed now.” He blames the inflex-ible attitude of the country’s leader, Bashar al-Assad, who refuses even to allow human-itarian workers within Syria’s borders.

Ban called on the global community to show compassion to developing countries like Syria, now set back even further by the recent destruction.

By working together, he said, “We can move challenges from the world’s inbox to the world’s outbox.”

A key to that, he said, is expanding the use of renewable energy to all corners of the earth. He called it the “golden thread” that addresses all problems, as it makes possible technology, transportation, health, educa-tion — virtually all aspects of life.

“We cannot keep burning and mining our way to prosperity,” he said.

He declared sustainable development the U.N.’s top priority for his second term, which runs through 2016.

“There can be no plan B, because there is no planet B,” he said. “There is only planet A.”

Ban believes focusing on sustainability will reduce global conflict, much of which results from real or perceived inequities in resources.

“As we strive for sustainable develop-ment, we need to strive for sustainable peace,” he said. “When people are hungry and poor and sick, there can be no human rights. There can be no peace.”

That’s true in particular, he notes, for women and children.

“During times of conflict, there are al-ways women and girls whose human rights are totally abused,” said Ban. To that end, he launched the U.N. Network of Men Leaders to eradicate such violence.

“Unless men change their mentality, this violence can’t be addressed, can’t be recti-fied,” he said. “I have been talking to kings and prime ministers and presidents, telling them that this is not acceptable.”

Ban Ki-moon, secretary general of the United Nations, addresses the sold-out Grand Ballroom at the Oxford Hotel on June 7. Photo by Jennifer Smith

aboUt baN ki-mooN

Ban Ki-moon is the eighth and current secretary general of the United Nations, having succeeded Kofi Annan in 2007. Prior to that, he was a career diplomat in South Ko-rea’s Ministry of Foreign Affairs and in the United Nations. He entered diplomatic service the year he graduated from university, accepting his first post in New Delhi, India. He was the foreign minister of South Korea from January 2004 to November 2006.

During lunch June 7, he told his tablemates about his youth in South Korea, where war raged from the time he was 6 until he was 8. His family took refuge with relatives who lived on a mountainside, so remote the soldiers had no reason to go there, said Ban. He remembers soldiers from the United States and the United Nations arriving with food, donated clothing and lots of powdered milk. Now the leader of the United Nations, Ban said South Ko-reans are forever grateful for that support.

molishing the music room and the area around it.

“I spent 30 years in that room as Flood music direc-tor,” David Shupe said as he watched the demolition. “Then, just like that, it is a pile of rubble.”

As the crew continued work, Shupe noted the de-molition team was knock-ing down the walls over the Flood main entrance and pulling down the walls and floors of what used to be the

administration offices.Flood Middle School is

at 3695 S. Lincoln St. The building was constructed in 1920 and housed the middle school and high school un-til Englewood High School was built in 1951.

The school district made the decision in 2009 to move all Flood students to Sinclair Middle School, which was renamed Engle-wood Middle School.

At the same time, the school board decided to put the Flood site up for sale.

The district sold the Flood building and site for slightly more than $1.8 mil-lion.


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with the way the district op-erated, and some began an effort to dissolve it

The petitions were pre-sented to the council on March 18 during a public hearing on the effort to dis-solve the district. The city council, at the request of BID officers, continued the public hearing for 90 days to give district officials the opportunity to seek to chal-lenge the petition.

Dominique Cook, a strong proponent of dis-solving the district, was a scheduled speaker at the June 17 public hearing, and said she took the opportu-nity to say what she intend-ed to say to the council at the March 18 meeting when she wasn’t allowed to speak.

She said the property owners followed the state laws and this was the third petition seeking dissolution of the business district be-cause of the inefficient way the district was operated.

During the public hear-ing, she said her father, John

Cook — who owns numer-ous properties along South Broadway — supported creation of the district and then supported the effort to dissolve it because of the district was operated.

Property owner Dave Maria also testified and he said he favored dissolution because he had to pay ex-tra taxes to the district but received no benefits for his money.

Dan Brotzman, city at-torney, said the petitions are sufficient and an or-dinance will be presented to the council at the July 1 meeting that will officially dissolve the South Broad-way Business Improvement District.

He also said there will be a study session July 15 to discuss options for distribu-tion of business district as-sets. It was noted the assets included money as well as physical assets such as bike racks and flowerpots.

If the council passes the ordinance to dissolve the business district on first reading on July 1, the nor-mal procedure is the ordi-nance will come up for sec-ond and final reading at the July 16 council meeting.

Continued from Page 1

District

Continued from Page 1

School

U.N. chief discusses world situation in visit

Ban believes focusing on sustainability will reduce global conflict, much of which results from real or perceived inequities in resources.

“As we strive for sustainable develop-ment, we need to strive for sustainable peace,” he said. “When people are hungry and poor and sick, there can be no human rights. There can be no peace.”

That’s true in particular, he notes, for women and children.

“During times of conflict, there are al-ways women and girls whose human rights are totally abused,” said Ban. To that end, he launched the U.N. Network of Men Leaders to eradicate such violence.

“Unless men change their mentality, this violence can’t be addressed, can’t be recti-fied,” he said. “I have been talking to kings and prime ministers and presidents, telling them that this is not acceptable.”

clubS in your communityEditor’s notE: To add or update your club listing, email [email protected], attn: Englewood Herald.

ProfessionalAmericAn AssociAtion of University Women, Little-ton-englewood Branch invites baccalaureates to participate in activities that further the goals of equity for women and girls, lifelong education and positive societal change. Meetings usually are Mondays each month, September through May, at Koelbel Library, Orchard Road and Holly Street, Centennial. Social time is followed by business meeting and informative program on subjects ranging from public policy issues to poetry. Call Linda Shell at 303-796-7702.

Denver investor club meets the first Thursday each month at 7:30 p.m. at the IHOP on Clinton Street in Englewood. Call Gail Segreto at 303-810-9015 or e-mail [email protected]. This is a nonprofit educational club.

engLeWooD chApter of the Junior chamber of com-merce (Jaycees) needs men and women between the ages of 21 and 40 to help re-establish the chapter. Jaycees work to help chapter members grow professionally and to help serve the community through hands-on projects. To become involved, call 303-914-0180 or visit www.coloradojaycees.org.

Letip internAtionAL, local chapter, is a professional referral organiza-tion that meets at Maggiano’s at the Denver Tech Center, 7401 S. Clinton St., in Englewood. A Highlands Ranch chapter meets at LePeep’s, 7156 E. County Line Road. Call 303-789-7898 or visit www.letip.com.

nAtionAL AssociAtion of retired Federal employees, Chapter 1089, invites all current and retired federal employees to membership meet-ings from 1:30-3 p.m. the third Tuesday of each month at the Malley Senior Center, 3380 S. Lincoln, Englewood.

recreationcherry creek Anglers meets at 7 p.m. every second Thursday in the Lodge Meeting Room at Gander Mountain Sports, 14000 E. Jewell Ave. Call Dennis at 303-841-3612.

kiLoWAtt eights is for people interested in square dancing. Dances are the first, third and fifth Friday each month at Malley Senior Center in Englewood. Call Ron at 303-759-4862.

moUntAineers sqUAre Dance club meets the first, third and fifth Saturdays of the month at the Valley View Church of God, 4390 S. Lowell Blvd., Englewood, to square dance. Dances start at 8 p.m. Everyone is welcome to come and watch. This is a healthy activity for all. Call 303-798-4472.

poetry night honors the great Edgar Allan Poe by reading poetry at The At-tic Bookstore, 200 W. Hampden Ave., near Hampden and Bannock in Englewood. Take originals or an old favorite to read to others. Readings will be limited to five minutes. Sign up begins at 7 p.m. Readings begin at 7:30 p.m. All styles of poetry are welcome. Call 303-777-5352.

serviceshomecoming inc. offers caregivers of low-income seniors who are frail, disabled or unable to live alone without care in Adams, Arapahoe, Jefferson and Denver counties respite care. Assistance includes personal care and homemaking. Call Pamela Dombrowski-Wilson or Trini Martinez at 303-526-2318 for an application and information.

socialArApAhoe sertomA club meets on Thursdays at the Englewood Elks Club, 3690 S. Jason, Englewood. Contact Ken Kelley at 303-789-9393 or [email protected].

DAUghters oF the American revolution, columbine chapter meets at 1 p.m. every second Saturday at Castlewood Library, 6739 S. Unita St., Englewood. Call Michelle Brown at 303-979-7550.

DAUghters oF the British empire is a national organization with a philanthropic purpose. For almost a century, DBE has been a common bond for women

of British heritage living in the United States. DBE is open to women who are citizens or residents of the U.S. who are of British Commonwealth birth or ancestry or who are married to men of British Commonwealth birth or ancestry. There are six chapters in Colorado, including chapters in Littleton, Englewood, Centennial, Evergreen and Boulder County. Call Chris at 303-683-6154 or Olive at 303-347-1311, or visit www.dbecolorado.org and use the contact form available.

sertomA cLUB of Dtc meets on Thursdays at Mangia Bevi Restaurant, Englewood. Contact David Oppenheim at 303-850-7888 or [email protected].

emBroiDerers gUiLD of America colorado chapter meets at Bethany Lutheran Church at Hampden Avenue and Colorado Boulevard in Engle-wood the fourth Tuesday each month from 9:30 a.m. to noon, excluding December and July. Meetings include needlework projects, needle art education, lectures and workshops of all levels. Guests are invited. Call Marnie Ritter at 303-791-9334.

the engLeWooD Lions club meets at 7 a.m. every Thursday at the Grill at Broken Tee Golf Course, 2101 West Oxford Avenue. Previously the Lions Club met every Wednesday at noon. The change in time is being made to better accom-modate working men and women in the Englewood area who are interested in serving the community. Please join the Lions for breakfast and a weekly program and learn more about Lions Club International and the activities of the Englewood Lions Club.

the rotAry club of englewood meets each Wednesday at 12:15 p.m. at the Wellshire Inn, 3333 S. Colorado Blvd, Denver. For information, contact Josh Staller at 303-721-6845, or visit rotaryclubofenglewood.org.


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What’s on the horizon.

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.

Lone Tree, Colorado

Lone Tree, Colorado

Put us on your summer calendar.

RidgeGate Presents Tunes on the Terrace: Barron’s Little BIG Band - Saturday, June 22Tropical Coyotes - Saturday, June 29 Location: Lone Tree Arts Center

Enjoy live music in a beautiful outdoor setting at the state-of-the-art Lone Tree Arts Center. This month, see Barron’s Little BIG Band perform the music of Frank Sinatra and Michael Buble, or dance to the island-inspired sounds of Tropical Coyotes. $15 lawn, $20 reserved seats. Tickets at www.lonetreeartscenter.org.

Tuesday, June 25, 6:30 –7:30pmFree Sunset 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 is necessary. No need to register - just drop in!

Saturday, June 29, 8–11amFree Nature Hike Series: Explore the East-West Regional Trail This 4-mile hike will explore a segment of the East -West Regional Trail, now accessible from the RidgeGate

community via new trail extensions completed in 2012. We’ll 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.)

Saturday, June 29, 12:30 – 4pmThe Wildlife Experience: GPS Navigation 101 Location: The Wildlife Experience and Schweiger Ranch

Interested in learning how to use a global positioning system (GPS) to navigate the great outdoors? We’ll begin at The Wildlife Experience with a classroom session, then head off-site to the nearby historical Schweiger Ranch to practice our navigation skills in a treasure hunt! Visit www.thewildlifeexperience.org for more information and to register.

Wednesday, July 3, 11:30am–1pmThe RidgeGate Walk Concerts: Nacho MenLocation: Outside the Lone Tree Rec Center

Enjoy a summertime 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 of the Nacho Men, a local favorite featuring vocal harmonies and your favorite songs from the 50s, 60s and 70s. Take a walk on the paved path around the park, bring a picnic lunch and enjoy the music.

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Gun club aims to free up reservations$10 million expansion could alleviate backlogBy Deborah [email protected]

Frustrated gun enthusiasts may soon be able to reserve a firing lane at Centennial’s most popular indoor gun club.

Centennial Gun Club, 6549 S. Paris St., recently broke ground on a $10 million expanded facility that, according to CEO and general manager Richard Abramson, will house 28 additional firing lanes, 5,000 square feet of new retail space, meeting rooms, a fireplace and an outdoor patio.

With more than 1,500 members vying for time on just six indoor lanes, Abramson admits shooters of all levels find it difficult to reserve space, a benefit that comes with gun club membership.

Some members have even canceled pricey memberships due to the club’s res-ervation backlog.

“And they just keep selling them — there’s always a line at the membership booth every weekend,” said gun enthusiast Mark Hines, who opted not to join the club at $30 per month, or pay the entry-level $347 initiation fee, until after the new facil-ity opens. “I just can’t see blowing that kind of cash on something I’m not going to be

able to ever get in to use.”“We’re just stuffed,” said Abramson, who

estimates that once open in January 2014, the new facility should be able to accom-modate 5,000 members.

But having only six lanes was not the original plan.

Abramson said plans for Centennial Gun Club date back to 2008, and included a larger, more robust operation than what opened its doors in early 2012.

“We had originally planned to have the larger facility,” explained Abramson.

“But the collapse of Bear Sterns and the financial market made it difficult for just about anyone to secure large-scale financ-ing.”

So the club started small.“And based on what happened, it re-

ally was a good thing,” he added. “It gave us time to test our business model, provide proof of concept and to gain the confidence of lenders.”

The club’s goal now is to transform itself from a local gun store to something more like a country club.

Abramson is confident Centennial is the place to do it, saying the city is a “destina-tion location” and has convenient access to private jet service at Centennial Airport.

Top-level club memberships will include private access to a select group of shooting lanes targeted to captains of industry and

professional athletes.Abramson said the new facility will add

21 jobs to the economy as well as improve traffic to nearby restaurants and business-es.

But while the soft-spoken retired tech-

nology executive said there are plans to consider expanding to northern Denver, he’s not sure that will happen.

“With all the changes in gun laws, it’s rather discouraging to do business in Colo-rado,” he said.

Centennial Gun Club CEO and general manager Richard Abramson says although he’s excited about the club’s new $10 million expansion now under way in Centennial, new gun laws in the state make Colorado a less attractive place to do business. Photo by Deborah Grigsby


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Where were you born?I was born here in Denver, Colorado.

How long have you lived in the area?My entire life! I grew up in Littleton before attending

the University of Colorado. I now live in Denver, and my office is located in Downtown Littleton.

What do you like most about it?Being a real estate broker requires a different skill set

every day, and I enjoy the variety of my job. I also thrive on interacting with people, and appreciate the relation-ships I am able to establish with my clients.

How long have you worked in Real Estate?

I was licensed in 2002, so just over 10 years.

What is your specialty and what does that mean for the people you work with?

I don’t have a specialty in terms of the type of client I

service; I work with buyers and sellers in every scenario from first-time buyers to estates liquidating assets. How-ever, I do specialize by working almost exclusively by referral. This means that my key responsibility is mak-ing sure I exceed my clients’ expectations throughout the transaction and serve their needs, so they are excited to share their experience with friends and family. That is the only way in which my business continues to grow.

What is the most challenging part of what you do?Satisfying all the different interests in a transaction can

be challenging. Lenders, title companies, cooperating brokers and clients – there are many hands in the pot.

What do you most enjoy doing when you’re not working?

I love being outside – bik-ing, running and skiing are my favorite activities. I also enjoy traveling, reading and spend-ing time with my husband and our two dogs.

What is one tip you have for someone looking to sell a house?

Make sure your house is in immaculate showing con-dition, and get rid of clutter. Your work up front will pay dividends in the price you get and the time you spend on the market.

What is one tip you have for someone looking to buy a house?

Take time to envision the features you would like your new home to have if you’re going to live there -- shar-ing these details with your agent will help them to better serve you, and will foster a more productive home search.

What is the most unusual thing you’ve encountered while working in Real Estate?

The most unusual story involves my clients’ baby – she began projectile vomiting in the foyer of a home

we were viewing. We used half a roll of paper towels to clean everything up, and fortunately that was the

home my clients ended up purchasing!

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What do you most enjoy doing when you’re not working?

I love being outside – bik-ing, running and skiing are my favorite activities. I also enjoy traveling, reading and spend-ing time with my husband and our two dogs.

What is the most unusual thing you’ve encountered while working in Real Estate?

The most unusual story involves my clients’ baby – she began projectile vomiting in the foyer of a home

we were viewing. We used half a roll of paper towels to clean everything up, and fortunately that was the

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From Left to right: nington; Shelle and Luke

We’re inspired by classic Colorado architecture and passionate about cra smanship. Yet we geek out on the latest technology and building techniques. The thicker walls in our high performance homes allow for 60% more money-saving insula on than in a conven onal home, and our roof is 6 inches higher than a typical home, so we get 2½ mes MORE insula on in the a c. This reduces heat loss, and more importantly, reduces your energy bill!

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on interacting with people,

Gun club aims to free up reservations

nology executive said there are plans to consider expanding to northern Denver, he’s not sure that will happen.

“With all the changes in gun laws, it’s rather discouraging to do business in Colo-rado,” he said.

Centennial Gun Club CEO and general manager Richard Abramson says although he’s excited about the club’s new $10 million expansion now under way in Centennial, new gun laws in the state make Colorado a less attractive place to do business. Photo by Deborah Grigsby


14-Color

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PMI will be factored into the monthly mortgage pay-ment, but borrowers should know they do not have to continue paying PMI once they have paid enough to-ward the principal amount of the loan.

For most, this means once they have paid 20 percent of the principal, then they can ask that the monthly PMI payment be removed.

Many borrowers are un-aware of this or even forget to ask, but it’s within their rights as borrowers and can save a substantial amount of money over the course of the mortgage loan. ■

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15-Color

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NOW HIRINGThe City of Black Hawk has an opening for an unskilled or semi–skilled position involving horticulture work with specific responsibility for the care and maintenance of flowers, trees, and shrub beds at City’s properties and street lights. Main emphasis will be on maintenance of annual floral displays along with other landscape maintenance duties. Position reports to Street Superintendent. Must be at least 18 years of age. Requires high school diploma or GED; valid Colorado Class C driver’s license with a safe driving record; experience in greenhouse and/or landscape maintenance preferred, any combination of education, training and experience considered. Scheduled work term: Summer 2013. Hours: M-W-F 8:00 AM – 5:00 PM. Wages: $10.00 – $14.00/hour DOQ/E. The City of Black Hawk conducts pre-employment physical exams, drug testing, skills testing and background investigations as a condition of employment. To apply, please submit a completed City Application to: Employee Services, City of Black Hawk, P.O. Box 68, Black Hawk, CO 80422 or Fax to 303-582-0848 or hand deliver to City Hall, 201 Selak Street. For more info or to obtain a city application visit www.cityofblackhawk.org. Open until filled. EOE

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Major Responsibilities: • Designaccesscontrol,video,andintercomsystems• Createintegrationsolutionsbetweenvarioussecuritysystems• Defineequipment,infrastructure,andnetworksrequired

tomeetCustomer’sneeds• Evaluatenewequipment• Providetechnicalsupportforpre-sales,bid,

andinstallationprocesses

Minimum Qualifications: • AutoCADtrainingandexperience• Enterprisesystemdesignexperience• Permitgenerationandsubmittalexperience• Networkdesignandconcepts• KnowledgeofNECCodeandlowvoltagesystems

preferred,butnotrequired

Forthoseinterestedormoreinformationpleasecontact:[email protected] by Monday, June 24, 2013.

VTISecurityisanationalsecuritysystemsintegratorinthetechnologyindustry,experiencedinelectronicandIP-basedsecurityandvideosurveillancesolutionsincludingaccesscontrol,CCTV,intercom,andotherphysicalsecurityandsoftwaresystems.Visit www.vtisecurity.comformoreinformation.

VTI Security is hiring a full-time Sales Engineer for our Colorado office

VTISecurityisanaffirmativeaction/equalopportunityemployerconsistentwithapplicablefederalandstatelaw.Allqualifiedapplicantsareencouragedtoapply.

Help Wanted

HELP WANTED - DRIVERS

25 DRIVER TRAINEES NEEDED!Learn to drive for SwiftTranspor tation at US Truck.Earn $750 per week!CDL & Job Ready in 3 weeks!1-800-809-2141

NEED CLASS A CDL TRAIN ING?Star t a CAREER in truckingtoday! Swift Academies offer PTDIcer tified courses and offer“Best-In-Class” training.• New Academy Classes Weekly• No Money Down or Credit Check• Certified Mentors Ready and Available• Paid (While Training With Mentor)• Regional and Dedicated Opportunities• Great Career Path•Excellent Benefits PackageP lease Ca l l : (520) 226-9474

LAND FOR SALE

Wyoming Land Liqu ida t ion!40 to 640 acres starting $199 peracre! EZ seller financing, no credit

checks! Best deal USA! Joan (949) 722-7453

LOTS & ACREAGE

S o C o l o r a d o L i q u i d a t i o nS a l e ! 6 0 a c r e s - o n l y$ 3 9 , 9 0 0 Rocky Mtn views.Sur veyed, uti l i t ies, low bankfinancing. Owner must sell! Callanytime 866-696-5263

SPORTING GOODS

GUN SHOWJUNE 22-23SAT. 9-5 7 SUN. 9-4COLORADO SPRINGSFREEDOM FINANCIAL SERVICESEXPO CENTER(3650 N NEVADA)BUY-SELL-TRADEINFO:(563) 927-8176

SYNC2 MEDIA CLASSIFIED ADS

B u y a s t a t e w i d e 2 5 - w o r dC O S C A N c lass i f ied l ine ad inne wspaper s ac r oss Co lo r adofo r j u s t $250 pe r week .Max im i ze r e su l t s w i t h ou rFr equency Dea ls ! Contac t th isne wspa pe r o r c a l l COSCANCoord inator S tephen Her r er a ,S Y N C 2 M e d i a , 3 0 3 - 5 7 1 - 5 1 1 7 x 2 0 .

SYNC2 Media COSCAN Ads - Week of 6/16/13 – STATEWIDE

HELP WANTED - DRIVERS

25 DRIVER TRAINEES NEEDED!Learn to drive for Swift Transpor tation atUS Truck.Earn $750 per week! CDL & Job Ready in 3 weeks! 1-800-809-2141

NEED CLASS A CDL TRAIN ING?Star t a CAREER in trucking today! SwiftAcademies offer PTDI cer tified courses andoffer “Best-In-Class” training.• New Academy Classes Weekly• No Money Down or Credit Check• Certified Mentors Ready and Available• Paid (While Training With Mentor)• Regional and Dedicated Opportunities• Great Career Path•Excellent Benefits PackageP lease Cal l : (520) 226-9474

LAND FOR SALE

Wyoming Land L iqu ida t ion!40 to 640 acres starting $199 per acre! EZ seller

financing, no credit checks! Best deal USA! Joan (949) 722-7453

LOTS & ACREAGE

S o C o l o r a d o L i q u i d a t i o n S a l e ! 6 0a c r e s - o n l y $ 3 9 , 9 0 0 Rocky Mtn views.Sur veyed, utilities, low bank financing. Ownermust sell! Call anytime 866-696-5263

SPORTING GOODS

GUN SHOWJUNE 22-23SAT. 9-5 7 SUN. 9-4COLORADO SPRINGSFREEDOM FINANCIAL SERVICES EXPO CENTER(3650 N NEVADA)BUY-SELL-TRADEINFO:(563) 927-8176

SYNC2 MEDIA CLASSIFIED ADS

B u y a s t a t e w i d e 2 5 - w o r d C O S C A Nc lass i f ied l ine ad in newspaper s acrossCo l o r ado fo r j u s t $250 pe r week .Max im i ze r e su l t s w i t h ou r Fr equenc yDea ls ! Contac t th is newspaper or ca l lCOSCAN Coord ina to r S tephen Her r e r a ,S Y N C 2 M e d i a , 3 0 3 - 5 7 1 - 5 1 1 7 x 2 0 .

COSCAN COSCAN

Co loradoStatewide Class i f iedAdvertis ing Networ k

Co lorado Statewide C lass i f iedAdvert ising Network

To place a 25-word COSCAN network ad in 82 Coloradonewspapers for only $250, contact your local newspaper

or call SYNC2 Media at 303-571-5117.To place a 25-word COSCAN network ad in 82 Colorado

newspapers for only $250, contact your local newspaperor call SYNC2 Media at 303-571-5117.

Find your next job here. always online atOurColoradoCareers.com

Help Wanted

Academy for DentalAssisting Careers

June 29th Session! 8 Saturdays / $2800 ONLY!

Littleton - CO Springs - Longmont303-774-8100 / 719-314-5579

academyfordentalassistingcareers.com

APC Construction CO.now has immediate openings for thefollowing positions:

Drivers Class A&B-experience requiredConstruction SupervisorEquipment operatorsLab TechnicianOur company is an EEO employerand offers competitive pay and

benefits package. Please apply inperson at 14802 W. 44th AvenueGolden, CO 80403

Caregivers to provide in-homecare to senior citizens who need

assistance with activities ofdaily living.

Call Today 303-736-6688www.visitingangels.com

/employment

COMMERCIAL CLEANINGRequirements: 2 yearsexperience, CO drivers license,background check: social security,drug test. Minimum age 18.English 303-381-7896.Spanish 303-381-7898.

_____________________________

LIMPIEZA COMERCIALRequisitos:2 años deexperiencia, licencia demanejo de CO, chequeode: antecedentes,seguro, drogas. Edadmínima 18 años.Español: 303-381-7898.English:303-381-7896.

DIRECTVis currently recruiting for the

following positions in Castle Rock:

Broadcast Technical Services

If you are not able to access ourwebsite, DIRECTV.com, mail

your resume and salaryrequirements to: DIRECTV, Attn:

Talent Acquisition,161 Inverness Drive West,

Englewood, CO 80112.To applyonline, visit:

www.directv.com/careers. EOE.

Drivers: Home Nightly!Great Paying Denver Box truckor CDL-A Flatbed Runs.1yr Exp. Req. Estenson Logistics.Apply: www.goelc.com

1-888-399-5856

Employment Opportunity____________________________PAID IN ADVANCE! MAKE $1000 AWEEK mailing brochures fromhome! Helping Home-Workerssince 2001. Genuine Opportunity!No experience required. Start Im-m e d i a t e l y ! w w w . w o r k i n g -c e n t r a l . c o m

_____________________________

NOW HIRING!!! $28/HOUR. Under-cover Shoppers Needed To JudgeRetail and Dining Establishments.Genuine Opportunity. PT/FT. Ex-perience not required. If You CanS h o p - Y o u A r e Q u a l i f i e d ! !www.AmericanShopperJobs.com

GAIN 130 LBS!Savio House needs foster

parents to provide temporary carefor troubled teens ages 12-18.Training, 24 hour support and$1900/month provided. Must

complete precertification trainingand pass a criminal and motor

vehicle background check.Call Michelle 303-225-4073

or visit saviohouse.org.

Help Wanted

Full-time, benefitedCommunications Specialist I/II $38,555-$57,033/year, closes:

7/1/13Hourly, non-benefited

Fitness Instructor –City Park Fitness Center

$15.07-$18.20/hour, closes: 7/15/13Intern - GIS

$13.84 - $17.72/hour, closes 7/1/13

Submit City of Westminster onlineapplications thru

8:30 a.m. on close datehttp://www.cityofwestminster.us/jobs

EOE

Hiring Event!Thursday, June 20th

At 12:00-4:00westernsummit.eventbrite.com

LOCATION: Adams CountyWorkforce Center

4430 S. Adams County PkwyBrighton, 80601

Available positions:Concrete Finishers $16-18,Laborer $12-$14Carpenter $18-$20Pipefitter-$18-$20Millwrights-$18-20

*WSCI is an EEO EmployerQualifications:

• At least 1 year experience• Must pass drug screen• Ability to lift a minimum of 50 lbs

Benefits:• Full time (40 hours per week)• MedicalDress professionally, bring yourresume, and arrive promptly!

Keep Kids Together

Abused and neglectedbrothers and sisters are often

separated in foster care.There just aren’t enough fosterhomes to keep them together.This leaves them sad, anxious

and confused and they feellike it’s “all their fault.”Give the Gift of Hope--

Become a Savio foster parent.

Call Tracy Stuart303/225-4152

Help Wanted

is looking to hire full time drywallfinishers. Must have at least 5years experience, have experiencein all types of textures/finishes, andmetal framing and drywall

installation for small jobs. Musthave own tools and transportation.

Looking for honest, dependable, experienced, hard working people If interested please contact Reneeat 303.688.9221

Lead Line Cook (must befast,clean,productive and creative.Bilingual would be helpful but notnecessary.) and Waitress (at least18yrs. old. Fast, clean,

great multitask-er,) needed forbreakfast and lunch.

Restaurant in FranktownCall 720-217-7331 ask for John

LEGITIMATE WORKAT HOME

No Sales, no Investment, No Risk,Free training, Free website. Con-tact Susan at 303-646-4171 or fillout form at www.wisechoice4u.com

MedicalNeeded full time MA, LPN or RN

in Ken Caryl areafor busy pediatric office.

Includes Saturday morningsPlease fax resume toNita 303-791-7756

NOW HIRING MANAGERSCastle Rock location

Paid training, Competitive Salary, health, dental and vision

Send resume to:[email protected]

or fax to 719-622-3070

Help Wanted

OFFICE ASSITANTMust have the following skills:Must have excellent all aroundskills. Microsoft Office 10, act, wordpress, writing skills, email blasting,

And enews letter, blog, phones, lightbookkeeping and general office forsmall office. Professional Estab-lished Company. By SouthwestPlaza. 20-30 hours per week. SendResumes to [email protected]

Areas: Englewood, Lakewood,Littleton, Highlands Ranch

Help Wanted

Receptionistpart-time 24-25 hours per week,Monday, Tuesday, Wednesday,

and some Sat hours 8-5Fun/Busy Pediatric office near

Park Meadows area and CastleRock location.

Duties scheduling, phones, check-inand scanning

Fax 303-689-9628or email

[email protected]

TREE CARE Workers: trimming &spraying. CO DL req. $10-12/hr.303-431-5885

Help Wanted

Western SummitConstructors, Inc. is seeking

Formwork Carpenters & Laborers,Concrete Finishers, Pipefitters, and

Millwrights (process equipmentinstallations) NCCCO Tower Crane

Operator for large wastewaterproject located in Denver area.Applications will be taken at9780 Pyramid Ct, Suite 100,

Englewood, CO 80112,from 8-5 M-F.

Send resumes [email protected]

or call (303)325-0325.WSCI is an EEO Employer.


16-Color

Joe SouthworthCommercial & Residential Sales

Joes Carpet Service, Inc.

New Carpet Sales • Wholesale PricingInstallation • Restretch • RepairsCall foR youR fRee eStImate

720.227.1409

Thomas Floor Covering

303-781-4919

~ Carpet Restretching~ Repair ~Remnant Installs

Residential & Commercial

In home carpet& vinyl sales

720-270-4478

Professional, Reliable, Responsible 11 years experience & good references

Call Maria For A Free Estimate

Need House Cleaning?

A Custom CleanAll cleaning services customized.

Residential/CommercialReferences Available

Contact Jody @ 303-882-8572

• DepenDable •• Thorough •

• honesT •

12 yearsexperience.

Great References

A continental flairDetailed cleaning at reasonable rates.

720.283.2155ReferencesAvailable

Honest & Dependable

Residential • CommercialMove Outs • New Construction

DAZZLING DAIZIESOFFICE & HOUSE CLEANINGFAMILY OWNED AND OPERATED

SINCE 1990BONDED AND INSURED

DEPENDABLE - EXPERIENCEDWith REFERENCES

WKLY - BIWKLY - MONTHLYJODI - 303-910-6532

Just Details Cleaning ServiceWhen “OK”Just isn’t good enough

-Integrity & Quality Since 1984For more information visit: JustDetailsCleaningService.comCall Rudy303-549-7944 for free est.

Computer Repair

[email protected]

* Troubleshooting* Software Installation & Removal

* Virus & Spyware Removal* Setup & Maintenance

Ask for Ted

Hardware / SoftwareRepairs / Upgrades

OS Repairs / UpgradesVirus Removal and More

In Home or Pick Up$50 per hour

Rates going up soonCall Today!

Colin (970)799-0198

TO SELL YOUR GENTLY USED ITEMS, CALL 303-566-4100

ourcolorado

.com


ourcolorado

.com

For all your classified advertising needs – Call 303-566-4100 today!

Auctions

Real Estate AuctionsNominal Opening Bids Start at$1,000

----------------35 Aspen Street, Marble2BA 2,692sf+/-Sells: 4:00PM Mon., Jun. 24 on site-------------------1801 Four Seasons Boulevard,Leadville

3BR 2BA 2,011sf+/-Sells: 7:30PM Mon., Jun. 24 on site-------------------------2141 Ranch Gate Trail, Castle Rock3BR 4BA 7,703sf+/-Sells: 10:45AM Tue., Jun. 25 on site---------------------399 Silver Creek Circle, Tabernash3BR 2BA 3,050sf+/-Sells: 2:00PM Tue., Jun. 25 on site--------------------826 Plateau Rd, Longmont3BR 3.5BA 2,885sf+/-Sells: 5:00PM Tue., Jun. 25 at 826Plateau Rd, Longmont

---------------------233 Main Street, Pierce3BR 2BA 1,900sf+/-Sells: 7:00PM Tue., Jun. 25 on site-----------------------williamsauction.com800.982.0425A Buyer’s Premium may apply.Travis Britsch Re Lic ER100034702;Wi l l i ams & Wi l l i ams Re L icEC100036900

Instruction

ATTEND COLLEGE ONLINE fromHome. *Medical, *Business,

*Criminal Justice. Job placementassistance. Computer available.

Financial Aid if qualified. SCHEVauthorized. Call 800-488-0386www.CenturaOnline.com

_____________________________

AIRLINES ARE HIRING- Train forhands on Aviation Maintenance Ca-reer. FAA approved program. Fin-ancial aid if qualified- Housingavailable. CALL Aviation Institute ofMaintenance (877)818-0783

Business Opportunity Make Up To $2,000.00+ Per Week!New Credit Card Ready Drink-Snack Vending Machines. Min-imum $4K to $40K+ InvestmentRequired. Locations Available. BBBAccredited Business. (800) 962-9189

Business Opportunity_____________________________DISCOVER REAL INCOME FROMHOME. Free training by Billion Dol-lar producing team launching theonly health product to fight AGE.Enjoy success from home. 1-800-841-9010

Instruction

Business Opportunity_____________________________

**ATTENTION: JOB SEEKERS!**MAKE MONEY! Mailing Postcards!

www.PostcardsToWealth.comNOW ACCEPTING! ZNZ Referral

Agents! $20-$60/Hour!www.FreeJobPosition.com

HOME WORKERS! Make MoneyUsing Your PC!

www.SuperCashDaily.comEarn Big Paychecks Paid Every Fri-

day!www.LegitCashJobs.com

EducationWant to go school? The ClassesAre Virtual, the degree is Real.Criminal Justice and Business de-grees Are Available.

CALL NOW Toll Free: 1-855-637-0880

Exceptional voice andpiano instructor.

Now seeking students in thePark Meadows area. Check out

chelseadibblestudio.comfor information on Chelsea Dibble,location, pricing, hours of operation,

and syllabus.

Misc. Notices

ADOPTION- A loving alternative tounplanned pregnancy. You chosethe family for your child. Receivepictures/info of waiting/approvedcouples. Living expense assist-ance. 1-866-236-7638

Business Opportunity

Make Up To $2,000.00+ Per Week!New Credit Card Ready Drink-Snack Vending Machines. Minim-um $4K to $40K+ Investment Re-quired. Locations Available. BBBAccredited Business.

(800) 962-9189

____________________________

Business Opportunity

**ATTENTION: JOB SEEKERS!**MAKE MONEY! Mailing Postcards!www.PostcardsToWealth.comNOW ACCEPTING! ZNZ ReferralAgents! $20-$60/Hour!www.FreeJobPosition.comHOME WORKERS! Make MoneyUsing Your PC!www.SuperCashDaily.comEarn Big Paychecks Paid Every Fri-day!

www.LegitCashJobs.com

Misc. Notices

Financial_____________________________CREDIT CARD DEBT? Discover anew way to eliminate

credit card debt fast. Minimum$8750 in debt required.

Free information. Call 24hr recor-ded message: 1-801-642-4747

_____________________________

GET FREE OF CREDIT CARDDEBT NOW! Cut payments by upto half. Stop creditors from calling.877-858-1386

Want To Purchaseminerals and other oil/gasinterests. Send details to:P.O. Box 13557Denver, CO 80201

Want To Purchaseminerals and other oil/gasinterests. Send details to:P.O. Box 13557Denver, CO 80201

Misc. Notices

Home Improvement_____________________________

All Things Basementy!Basement Systems Inc. Call us forall of your basement needs!

Waterproofing ? Finishing ? Struc-tural Repairs ? Humidity and MoldControl

FREE ESTIMATES! Call 1-888-698-8150

_____________________________

SAVE on Cable TV-Internet-DigitalPhone-Satellite. You`ve Got AChoice! Options from ALL majorservice providers. Call us to learnmore! CALL Today. 877-884-1191

_____________________________

Alone? Emergencies Happen! GetHelp wi th one but ton push!$29.95/month

Free equipment, Free set-up. Pro-tection for you or a loved one. Call LifeWatch USA 1-800-357-6505

Personals

Meet singles right now! No paid op-erators, just real people like you.Browse greetings, exchange mes-sages and connect live. Try it free.Call now: 1-800-394-9351

Your Community Connectorto Boundless Rewards

We are community.

ArvadaMulti-Family Garage Sale

Fri & Sat June 21st & June 22nd9am-2pm

Household items, kitchen items,miniatue dolls, clothes, furniture

10876 W 66th Ave 80004Oak St & Ralston Rd

Farm Products & Produce

Grain Finished Buffaloquartered, halves and whole

719-775-8742

Locally raised, grass fed and grainfinished Beef & Pork.

Quarters, halves, wholes available.Can deliver 720-434-1322schmidtfamilyfarms.com

Wanted

Wanted to rent; quiet spacew/hookups for 36' RV. We're quiet,have references and no pets.Prefer Castle Rock area but willconsider others

928-528-8028 [email protected]

GARAGE & ESTATE SALES

Garage Sales

ArvadaCombined Garage SaleSat June 22 9 am- 2pm

7063 W. 82nd Pl.Couch, bakers rack, furniture, rugs,

boys clothes 0-3t,bikes, baby items, household items

ArvadaCommunity

Garage/Yard SaleHometown North at

64th & KendrickSaturday June 22nd

8am-5pm

ArvadaESTATE/MOVING SALEFurniture, Heisy Crystal, Misc.

Everything must go! Good prices6288 Jellison Way, Arvada 6/20,

21, 22 & 238am-5pm

GoldenGarage Sale906 4th St

June 21st and June 22nd 8amPiano, computer desk, Queen Ann

dining rm set, retro 4 piece bdrmset, china cab, entertainmentctr,decorating items, art work,

collectables, snow blower

Garage Sales

LakewoodMoving/Downsizing Sale

Fri & Sat 8am-4pm660 Cody Ct

Furniture, household items, nicestuff we hate to see go!

Parker Garage Sale

June 21 & 22 8am- 3pm22922 Briar Leaf Ave

BABY BOY'S CLOTHES0-24months, Front Load Washer/Dryer, girls bedroom set, Queen

Bed, Home and Car AudioEquipment, kitchenware, movies,

adult clothes, baby items

Estate Sales

WheatridgeEstate Sale Thurs, Fri, Sat9-4, 2 on Sat

3765 Holland StBeautiful home loaded with qual-

ity antiques, collectables, finechina, crystal, jewelry and

watches, patio furniture, and restof the house

Visit www.nostalgia-plus.comfor map and photos

MERCHANDISE

Appliances

Sears Kenmore Washer & Dryermatching set. immaculate

White- 10 months oldenergy efficient per cycle

upright w/agitator $900 set pick up only

719-338-3747

Furniture

3 bar chairs, southwest design $45for all

brown velour love seat- great condi-tion $75.00

$100 takes all!!303-805-5715

Blue leather sofa, chair and otto-man, black leather recliner. No ripsor tears, good condition,needsleather conditioner. $300 for all(was $5000 new) 303-980-5146

Large Hooker Bookcase/Enter-tainment Center

Internal lighting $200402-305-1823

Lawn and Garden

Wood ChipperStanley Heavy Duty

4" wood chipper15 horse power

NEW $1,400303-457-1532

Health and Beauty

Canada Drug Center is your choicefor safe and affordable medica-tions. Our licensed Canadian mailorder pharmacy will provide youwith savings of up to 90% on allyour medication needs. Call today1-800-418-8975, for $10.00 off yourfirst prescription and free shipping.

_____________________________

ATTENTION SLEEP APNEA SUF-FERERS with Medicare. Get CPAPReplacement Supplies at little orNO COST, plus FREE home deliv-ery! Best of all, prevent red skinsores and bacterial infection! Call1-866-993-5043

_____________________________

Medical Alert for Seniors - 24/7monitoring. FREE Equipment.FREE Shipping. Nationwide Ser-vice. $29.95/Month CALL MedicalGuardian Today 866-992-7236

_____________________________

CASH for unexpired DIABETICTEST STRIPS! Free Shipping,

Friendly Service, BEST prices and24hr payment! Call today 877

588 8500 or visitwww.TestStripSearch.com Espanol888-440-4001

_____________________________TAKE VIAGRA? Stop paying out-rageous prices! Best prices… VIA-GRA 100MG, 40 pills+/4 free, only$99.00. Discreet Shipping, PowerPill. 1-800-368-2718

FREE!!! Health and WellnessEvaluation for the first 30 callers!!!720-474-4322 or 720-635-4919

Miscellaneous

16th Annual Winter Park Craft FairAug. 10th & 11th.

Winter Park Colorado.Applications now available

www.wetpaint.comor call 970-531-3170

Miscellaneous

100% Guaranteed Omaha Steaks -SAVE 69% on The Grilling Collec-tion. NOW ONLY $49.99 Plus 2FREE GIFTS & right-to-the-doordelivery in a reusable cooler, OR-DER Today. 1- 888-697-3965 UseCode:45102ETA or www.Oma-haSteaks.com/offergc05

_____________________________

DISH TV Retai ler. Start ing at$19.99/month PLUS 30 PremiumMovie Channels

FREE for 3 Months! SAVE! & AskAbout SAME DAY Installation!CALL - 877-992-1237

_____________________________

D I S H N e t w o r k . S t a r t i n g a t$19.99/month PLUS 30 PremiumMovie Channels FREE for 3Months! SAVE! & Ask About SAMEDAY Installation! CALL - 877-992-1237

_____________________________

KILL SCORPIONS! Buy HarrisScorpion Spray. Indoor/Outdoor.Odorless, Non-Staining, Long Last-ing. Kills Socrpions and other in-sects. Effective results begin afterthe spray dries! Available at AceHardware, The Home Depot orHomedepot.com

_____________________________

DirecTV - Over 140 channels only$29.99 a month. Call Now! Triplesavings! $636.00 in Savings, Freeupgrade to Genie & 2013 NFLSunday ticket free!! Start savingtoday! 1-800-279-3018

My Computer WorksComputer problems? Viruses, spy-ware, email, printer issues, bad in-ternet connections - FIX IT NOW!Professional, U.S.-based techni-cians. $25 off service. Call for im-mediate help. 1-866-998-0037

_____________________________

Advertise your product or servicenationwide or by region in up to 12million households in North Amer-ica's best suburbs! Place your clas-sified ad in over 815 suburbannewspapers just like this one. CallClassified Avenue at 888-486-2466or go to www.classifiedavenue.net

_____________________________

Dish Network lowest nationwideprice $19.99 a month. FREEHBO/Cinemax/Starz FREE Block-buster. FREE HD-DVR and install.Next day install 1-800-375-0784

_____________________________

*REDUCE YOUR CABLE BILL! *Get a 4-Room All-Digital Satellitesystem installed for FREE and pro-gramming starting at $19.99/mo.FREE HD/DVR upgrade for newcallers, SO CALL NOW. 1-800-699-7159

Tickets/Travel

All Tickets Buy/SellNFL-NBA-NHL-NCAA-MLBWWW.DENVERTICKET.COM(303)-420-5000

Wanted to Buy

*OLD GUITARS WANTED!** Gib-son, Martin, Fender, Gretsch, Epi-phone, Guild, Mosrite, Rickenback-er, Prair ie State, D’Angel ico,S t r o m b e r g , a n d G i b s o nMandolins/Banjos. 1920’s thru1980’s. TOP CASH PAID! 1-800-401-0440

PETS

Horse & Tack

Use cattle to improve yourhorsemanship skills

on the 87,000 acre Chico BasinRanch. Cam Schryver, life long

educator and horseman, supportedby Chico Basin Ranch staff, willhelp you sharpen your skills in aranch setting, working cattle as a

medium for learning naturalhorsemanship principles.

http://chicobasinranch.com/index.cfm?id=232d6681-2298-4794-

b9929d3171ca6073&calendar--special-events.html

719.719.683.7960 [email protected]

Autos for Sale

SAVE $$$ on AUTO INSURANCEfrom the major names you knowand trust. No forms. No hassle. Noobligation. Call READY FOR MYQUOTE now! CALL 1-877-890-6843

Boats and Water Sports

1988 Beachcraft FunRunner18 1/2' 350 Chevy Engine Lowhours Open bow, ONC Cobra Out-drive, Bimimi Top, Oklahoma trail-er with new Bunkers, Extra Pro-pellers and Life Jackets, $4000Franktown 303-688-0293

Wanted

Wanted

Cash for all Carsand Trucks

Under $1000Running or not.Any condition

(303)741-0762bestcashforcars.com

CASH FOR CARS! Any Make, Mod-el or Year. We Pay MORE! Run-ning or Not. Sell Your Car or TruckTODAY. Free Towing! Instant Of-fer: 1-888-545-8647

_____________________________Got junk cars? Get $ PAIDTODAY. FREE towing. Licensedtowers. $1,000 FREE gift vouchers!

ALL Makes-ALL Models! Call today1-888-870-0422

DONATE YOUR CAR. RECEIVE$1000 GROCERY COUPONS.FAST, FREE TOWING- 24hr Re-sponse. UNITED BREAST CAN-CER FOUNDATION. Free Mammo-grams & Breast Cancer Infowww.ubcf. info 888-444-7514

Top Cash Paid for Junk CarsUp to $500

720-333-6832


We are community.

Got

stuff to

sell?


Call303-566-4100

today!


17-Color

SERVICESSERVICESSERVICESSERVICESSERVICESSERVICESSERVICESSERVICESSERVICESTO ADVERTISE YOUR SERVICES, CALL 303-566-4100

ourcolorado

Carpet/Flooring

Joe SouthworthCommercial & Residential Sales

Joes Carpet Service, Inc.

New Carpet Sales • Wholesale PricingInstallation • Restretch • RepairsCall foR youR fRee eStImate

720.227.1409


303-781-4919

~ Carpet Restretching~ Repair ~Remnant Installs

Residential & Commercial

In home carpet& vinyl sales

Cleaning

720-270-4478

Professional, Reliable, Responsible 11 years experience & good references

Call Maria For A Free Estimate

Need House Cleaning?

A Custom CleanAll cleaning services customized.

Residential/CommercialReferences Available

Contact Jody @ 303-882-8572

• DepenDable •• Thorough •

• honesT •

12 yearsexperience.

Great References

A continental flairDetailed cleaning at reasonable rates.

720.283.2155ReferencesAvailable

Honest & Dependable

Residential • CommercialMove Outs • New Construction

DAZZLING DAIZIESOFFICE & HOUSE CLEANINGFAMILY OWNED AND OPERATED

SINCE 1990BONDED AND INSURED

DEPENDABLE - EXPERIENCEDWith REFERENCES

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19-Color

Ingredients-1/2 cup(s) water

-1/2 cup(s) instant brown rice

-2 teaspoon(s) sesame oil

-1 pound(s) 93%-lean ground turkey

-1 tablespoon(s) minced fresh ginger

-1 large red bell pepper, finely diced

-1 cup(s) water chestnuts, rinsed and chopped

-1/2 cup(s) reduced-sodium chicken broth -2 tablespoon(s) hoisin sauce

-1 teaspoon(s) five-spice powder

-1/2 teaspoon(s) salt

-2 head(s) Boston lettuce, leaves separated

-1/2 cup(s) chopped fresh herbs, such as cilantro, basil, mint and/or chives

-1 large carrot, shredded

Directions1. Bring water to a boil in a small saucepan. Add rice; reduce heat to low, cover and cook for 5 minutes. Remove from the heat.

2. Meanwhile, heat oil in a large nonstick pan over medium-high heat. Add turkey and ginger; cook, crumbling with a wooden spoon, until the turkey is cooked through, about 6 minutes. Stir in the cooked

rice, bell pepper, water chestnuts, broth, hoisin sauce, five-spice powder and salt; cook until heated through, about 1 minute.

3. To serve, spoon portions of the turkey mixture into lettuce leaves, top with herbs and carrot and roll into wraps.

Five-Spice Turkey and Lettuce Wraps

Brazilian lemonade

Ingredients

-2 limes

-1/2 cup sugar

-3 cups water

-ice

-3 tablespoons sweetened condensed milk

Directions1. Wash limes thoroughly. Cut off the ends and slice into eight wedges. Place limes in a blender with the sugar, sweetened condensed milk, water, and ice.

2. Blend in an electric blender, pulsing 5 times. Strain through a fine mesh strainer to remove rinds. Serve over ice.

Grilled Fruit KabobsIngredients

-1/2 cup marga-rine

-1/4 cup honey

-3 bananas, cut into 4 pieces each

-12 strawberries, hulled

-3 fresh peaches, pitted and quar-tered

-3 fresh plums, pit-ted and quartered

-12 skewers

Directions

1. Preheat an outdoor grill for medium heat and place a large sheet of foil onto the grate.

2. Melt the margarine and honey together in a small saucepan over medium heat. Reduce heat to low and cook gently, stir-ring occasionally, until slightly thickened, about 5 minutes. Do not let the sauce boil.

3. Thread a peach quarter, a plum quar-ter, a banana piece, and a strawberry onto each skewer. Place the skewers onto the foil on the preheated grill; spoon marga-rine-honey mixture over each skewer.

4. Grill until the fruit is softened and the sauce has thickened and cooked onto the fruit, about 5 minutes. Flip the skewers, spoon more margarine-honey sauce over each, and grill for about 5 more minutes on the other side.

BlueBerry BuckleIngredIentsFor the cake:

-2 cups and 1-2 Tbsp of sifted, all purpose flour separated

-2 teaspoons baking powder

-1/2 teaspoon salt

-1/4 cup (1/2 stick) unsalted butter, softened

-3/4 cup sugar

-1 large egg

-1/2 cup milk

-1 pint blueberries

For the topping:

-1/4 cup unsalted butter, softened

-1/2 cup sugar

-1/3 cup sifted all purpose flour

-1/2 teaspoon cinnamon

Method1. Preheat the oven to 375°F. Grease an 8-inch springform pan. Set aside.2. Sift together the 2 cups of flour, the bak-ing powder and the salt. Set aside. Cream the butter and sugar until fluffy, about 3 minutes. Beat in the egg. Add the flour mixture in 3 parts, alternating with the milk. Toss the ber-ies with the remaining 1 to 2 tablespoons of flour (to separate and scatter evenly through-out the batter) and fold in. Pour batter into the prepared pan. Set aside.3. Combine ingredients for topping with a fork to make crumbly mixture. Sprinkle this over the batter.4. Bake for one hour, then test for doneness by gently inserting a fork. If it does not come out clean, give the cake another 5 to 10 min-utes to bake.5. When the cake has cooled, run a knife around the edges and lift the cake out of the pan. Serve with whipped cream.

Ingredients

-1/4 cup mayonnaise

-3 cloves garlic, minced

-1 tablespoon lemon juice

-1/8 cup olive oil

-1 cup sliced red bell peppers

-1 small zucchini, sliced

-1 red onion, sliced

-1 small yellow squash, sliced

-2 (4-x6-inch) focaccia bread pieces, split horizontally

-1/2 cup crumbled feta cheese

California Grilled Veggie SandwichDirections

1. In a bowl, mix the mayonnaise, minced garlic, and lemon juice. Set aside in the refrigerator.

2. Preheat the grill for high heat.

3. Brush vegetables with olive oil on each side. Brush grate with oil. Place bell peppers and zucchini closest to the middle of thegrill, and set onion and squash pieces around them.

4. Cook for about 3 minutes, turn, and cook for another 3 minutes. The peppers may take a bit longer.

Remove from grill, and set aside.

5. Spread some of the mayonnaise mixture on the cut sides of the bread, and sprinkle each one with feta cheese. Place on the grill cheese side up, and cover with lid for 2 to 3 minutes. This will warm the bread, and slightly melt the cheese. Watch carefully so the bottoms don’t burn.

6. Remove from grill, and layer with the vegetables. Enjoy as open faced grilled sandwiches.

Orange Julius with Banana

Ingredients-1 can Frozen Orange Juice Concentrate-1 cup Skim Milk-¼ cup sugar-1 tsp. Vanilla-1 ripe banana-1 cup of ice (add another if thicker constancy is desired)Directions1. Combine in a blender and blend until smooth.


20

Notice To Creditors PUBLIC NOTICE

NOTICE TO CREDITORSEstate of Robert Allen Brockmann,

aka Robert Brockmann,aka Robert A. Brockmann,

Aka Bob Brockmann, DeceasedCase Number: 2013 PR 744

All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of ArapahoeCounty, Colorado on or before October 7,2013 or the claims may be forever barred.

Lillian B. BrockmannPersonal Representativec/o Kathryn T. James Law Office, LLC10463 Park Meadows Drive, Suite 209Lone Tree, Colorado 80124

Legal Notice No: 4263First Publication: June 7, 2013Last Publication: June 21, 2013Publisher: Englewood Herald

PUBLIC NOTICE

NOTICE TO CREDITORSEstate of Mary Philipp Baur,

aka Mary P. Baur,aka Mary Julie Baur,

aka Judy Baur, DeceasedCase Number: 2013 PR 743

All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of ArapahoeCounty, Colorado on or before October16, 2013 or the claims may be foreverbarred.

Peter E. BaurPersonal Representativec/o Nancy R. Crow, Esq.Pendleton, Wilson, Hennessey& Crow, P.C.1875 Lawrence Street, Tenth FloorDenver, Colorado 80202


PUBLIC NOTICE

NOTICE TO CREDITORSEstate of John Donovan,

aka John Gerard Donovan,aka John G. Donovan, Deceased

Case Number: 2013 PR 795

All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of ArapahoeCounty, Colorado on or before October14, 2013 or the claims may be foreverbarred.

Mary M. DonovanPersonal Representative7335 Murdoch AvenueSt. Louis, MO 63119

Legal Notice No: 4266First Publication: June 14, 2013Last Publication: June 28, 2013Publisher: The Englewood Herald

Misc. Private Legals Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

MAY 2013 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONSIN 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 MAY 2013for each County affected.

13CW3041 THE CITY AND COUNTY OFDENVER, ACTING BY AND THROUGHITS BOARD OF WATER COMMISSION-ERS, 1600 West 12th Avenue, Denver,Colorado 80204. APPLICATION FOR AP-PROVAL OF PLAN FOR AUGMENTA-TION, IN THE CITY AND COUNTY OFD E N V E R , A D A M S , A R A P A H O E ,BROOMFIELD, JEFFERSON, ANDDOUGLAS COUNTIES, DISTRICTCOURT, WATER DIVISION 1, COLOR-ADO, Weld County Courthouse, 901 9thAvenue, P.O. Box 2038, Greeley, CO80632. 1. Name, Mailing Address, EmailAddress and Telephone Number of Ap-plicant(s): City and County of Denver, act-ing by and through its Board of WaterCommissioners (“Denver”), 1600 West12th Avenue, Denver, Colorado 80204,Email: [email protected],Telephone: 303-628-6460. 2. Overview ofPlan: Denver filed the application for CaseNo. 2009CW264 on December 29, 2009.As part of that application, the MoundingDrain associated with the Bambei-WalkerReservoir (formerly known as the MillerReservoir and is part of the South Reser-voir Complex) was included as a point ofdiversion for the 1,129 acre-foot fill and re-fill storage right. The Mounding Drain di-verts groundwater tributary to the SouthPlatte River into Bambei-Walker Reser-voir. Storage of this tributary groundwaterin the reservoir may cause out of prioritydepletions to the South Platte River. ThisPlan for Augmentation serves to quantifyand replace the depletions in time, amountand location to prevent injury to other wa-ter rights. At times, the plan for augmenta-tion will operate an exchange when the re-placement water is returned to the SouthPlatte River below the point of depletionfrom the claimed Mounding Drain waterrights. The South Reservoir Complex andassociated Mounding Drain are shown onExhibit A. 3. Name(s) of structure(s) to beaugmented. South Reservoir ComplexMounding Drain. Remark: The informa-tion contained in Paragraphs 3.1 through3.7 is for reference and background onlyas related to the structure and right to beaugmented, and is not intended tochange, alter or amend the informationcontained in the pending application or fi-nal decree to be entered in Case No.2009CW264 WD1. 3.1. Pending Applic-ant Associated with Structure: Application,Case No.: 2009CW264, Water DivisionNo. 1. 3.2. Legal Description of Structure(Mounding Drain Wet Well and Pump):3.2.1 Legal Description Using the PublicLand Survey System (PLSS). The SouthReservoir Complex Mounding Drain isgenerally located between the BurlingtonDitch and the slurry wall that surroundsBambei-Walker Reservoir. The groundwater collected by the dewatering systemis collected and pumped at a point loc-ated in the NW1/4 of the SE1/4 of Section1, Township 3 South, Range 68 West ofthe 6th P.M., in Adams County, Colorado,approximately 1,443 feet from the eastsection line and 2,396 feet from the southsection line. The ground water collectedby the dewatering system is dischargedinto Bambei-Walker Reservoir at a pointlocated in the NW1/4 of the SE1/4 of Sec-tion 1, Township 3 South, Range 68 Westof the 6th P.M., in Adams County, Color-ado, approximately 1,519 feet from theeast section line and 2,215 feet from thesouth section line. A map showing the ap-proximate location of the ground watermounding drain system pump and dis-charge point is attached hereto as ExhibitA. 3.2.2 Location information in UTMFormat. The location of the MoundingDrain Pump is Northing: 4407702.34,Easting: 504660.60, UTM Zone 13. Thelocation where the Mounding Drain dis-charges into Bambei-Walker Reservoir isN o r t h i n g : 4 4 0 7 6 4 6 . 7 4 , E a s t i n g :504636.79, UTM Zone 13. Source: GPSDevice Survey Grade; Accuracy: accur-acy is within 2cm (horizontally) and 4cm(vertically). 3.3 Appropriation date:December 29, 2009. 3.4 Amount: 3.4.1Flow Rate. 2 c.f.s. (CONDITIONAL) 3.4.2Volume. Applicant seeks an annual volu-metric limit of 1,129 acre-feet (CONDI-TIONAL) with the right to refill up to 1,129acre-feet (CONDITIONAL). 3.5 Source ofWater. Alluvial groundwater tributary tothe South Platte River. 3.6 Uses. The wa-ter diverted and stored under the waterright proposed herein will be used for non-agricultural irrigation, commercial, industri-al and all municipal uses; including, butnot limited to, domestic, mechanical, man-ufacturing, industrial, power generation,fire protection, sewage treatment, streetsprinkling, irrigation of parks, lawns,grounds, open spaces, recreation, piscat-orial, maintenance and preservation ofwildlife and aesthetic values, replacementof lake and reservoir evaporation, andaugmentation and/or replacement. Suchwater may be fully consumed by followingstorage and subsequent release, and byreuse, successive use, further exchangeand disposition, subject to the terms andconditions of this Decree. 3.7 Place ofUse. The water diverted and stored underthe water right proposed herein will beplaced to beneficial use wherever DenverWater may, now or in the future, legallyprovide water. The place of use includesDenver Water’s service area as it existsnow as approximately shown on the mapattached hereto as Exhibit B or may existin the future, within Denver, Arapahoe,Douglas, Jefferson, Adams, and Broom-field Counties, Colorado. 4. Water right(s)to be Used for Augmentation. Denverowns water rights originally decreed in theSouth Platte River basin for direct flow ir-rigation uses and has changed the con-sumptively used portions of these rights,by decree, to all municipal uses. Denver’stransmountain water rights, decreedchanged irrigation rights, and decreednontributary water rights may be used forall municipal purposes as well as ex-change, augmentation, replacement of de-pletions, reuse and successive uses. Wa-ter from these fully consumable sourceswill be made available in the amounts andat locations necessary to replace out-of-priority depletions pursuant to the plan foraugmentation decreed herein. Denver re-tains dominion and control over its con-sumptive use, transbasin, and nontribu-tary water sources after the water hasbeen used, reused, and successivelyused until extinction, including its lawn andlandscape irrigation return flows as de-termined in Case No. 04CW121, WaterDivision 1. Water from these sources thatis once or successively used through Den-ver’s water system and returned to theSouth Platte River, and its tributaries willbe made available in the amount and atlocations, including, but not limited to, out-falls of the various wastewater treatmentplants that discharge effluent attributableto Denver’s water service areas, neces-sary to replace out-of-priority depletionspursuant to the plan for augmentation de-creed herein: 4.1. Beery Ditch (Case No.W-7739-74), Appropriation Date: June 15,1861. Pursuant to this decree, Denver isentitled to divert and consumptively use1,600 acre-feet annually. 4.2. Four MileDitch (Case No. 80CW313), Appropri-ation Date: June 1, 1868. Pursuant tothis decree, Denver is entitled to divertand consumptively use 544 acre-feet an-nually. 4.3. Brown Ditch (Case No.86CW014), Appropriation Date: Novem-ber 30, 1862. Pursuant to this decree,Denver is entitled to divert and con-sumptively use 158 acre-feet annually.4.4. Nevada Ditch (Case No. 90CW172),Appropriation Dates: Priority No. 4 -Au-gust 30, 1861; Priority No. 19 - December30, 1865. Pursuant to this decree, Den-ver is entitled to divert and consumptivelyuse 1,209 acre-feet annually. 4.5. LastChance Ditch (Case No. 92CW014), Ap-propriation Dates: Priority No. 14 -December 30, 1863; Priority No. 39 -March 3, 1868. Pursuant to this decree,Denver is entitled to divert and con-sumptively use 242 acre-feet annually.4.6. Pioneer Union Ditch (Case No.91CW100), Appropriation Dates: PriorityNo. 5 - December 10, 1861; Priority No.11 - September 1, 1862. Pursuant to thisdecree, Denver is entitled to divert andconsumptively use 498.6 acre-feet annu-ally. 4.7. Hodgson Ditch (Case No.91CW102), Appropriation Date: PriorityNo. 3 - June 1, 1861. Pursuant to this de-cree, Denver is entitled to divert and con-sumptively use 44 acre-feet annually. 4.8.Harriman Ditch (Case No. 91CW103), Ap-propriation Dates: Priority No. 23 – March16, 1869; Priority No. 25 – May 1, 1871;Priority No. 30 – March 1, 1882. Pursu-ant to this decree, Denver is entitled to di-vert and consumptively use 615.3 acre-feet annually. 4.9. Robert Lewis Ditch(Case No. 91CW105), Appropriation Date:Priority No. 19 - October 1, 1865. Pursu-ant to this decree, Denver is entitled to di-vert and consumptively use 207.78 acre-feet annually. 4.10. Simonton Ditch (CaseNo. 91CW106), Appropriation Date: Prior-ity No. 2 – December 25, 1860. 4.11. War-rior Ditch (Case No. 91CW109), Appropri-ation Dates: Priority No. 4 - December 1,1861; Priority No. 8 - April 16, 1862; Prior-ity No. 14 -October 31, 1864. Pursuant tothis decree, Denver is entitled to divertand consumptively use 939.1 acre-feetannually. 4.12. Blue River DiversionProject (Water District No. 36, SummitCounty Case Nos. 1805 and 1806 andConsolidated Case Nos. 2782, 5016, and5017, U.S. District Court), AppropriationDate of June 24, 1946. 4.13. StraightCreek Conduit of the Roberts Tunnel Col-lection System (Water District No. 36, C.A.No. 2371), Appropriation Date: January21, 1957. 4.14. Fraser River and WilliamsFork Diversion Projects (Water District No.51, Grand County, C.A. No. 657), Appro-priation Date of July 4, 1921. This sourcemay be used as a replacement supply un-der this plan to the extent allowed by the1940 Agreement except as otherwisemodified. 4.15. Darling Creek Extension ofthe Williams Fork Diversion Project (Wa-ter District 51, Grand County, C.A. No.1430), Appropriation Date of August 26,1953. 4.16. Moffat Tunnel Collection Sys-tem (Water District No. 51, Grand County,C.A. No. 1430), Appropriation Date of Au-gust 30, 1963. 4.17. Hamilton-CabinCreek Ditch, Extension and Enlargementof Hamilton-Cabin Creek Ditch, MeadowCreek Reservoir (Water District No. 51,Grand County, C.A. No. 657), Appropri-ation Date of July 2, 1932. 4.18. LFH-1Well (Permit Nos. 32363-F and 35393-F),withdrawing non-tributary water from theLaramie-Fox Hills Aquifer, decreed inCase No. 88CW149, W.D.1 for an aver-age annual amount of 141 acre-feet. 4.19.South Platte Gravel Pit Storage Right(Case No. 2001CW286 WD1), Appropri-ation Date: December 28, 2001, for aSouth Platte storage right for the use andreuse of 2,400 acre-feet stored in theSouth Reservoir Complex, and 17,747acre-feet stored in the North ReservoirComplex, with the right to refill. 4.20. Re-cycled Plant Direct Flow Water Right(Case No. 2001CW287 WD1), Appropri-ation Date: December 28, 2001. Only re-usable return flows from this water rightmay be used for augmentation. 4.21. Den-ver Metro Wells (Case No. 2003CW186WD1) withdrawing non-tributary and not-non tributary water from the Arapahoe,Upper Arapahoe, and Laramie-Fox HillsAquifers. 4.22. Farmers and GardenersDitch Water Right, (Case No. 2009CW084WD1), Appropriation Date: March 15,1863. 4.23. Lupton Lakes Storage Com-plex Water Right, pending (Case No.2007CW322 WD1), Appropriation Date:July 12, 2006. 4.24. South ReservoirComplex Enlargement Water Right,pending (Case No. 2009CW264 WD1),Appropriation Date: October 15, 1996.4.25. Lawn Irrigation Return Flows (CaseNo. 2004CW121 WD1), Decree Date: May15, 2012. 4.26. Denver can also releasewater from the above-referenced sourcesstored in Chatfield Reservoir, Soda LakesReservoirs, and Harriman Reservoir ordischarged from the Metro WastewaterTreatment Plant or Littleton/Englewood(“Bi-City”) Wastewater Treatment Plant inthe amounts necessary to replace out-of-priority depletions that may result from wa-ter treated by Inverness. 4.27. Water inter-cepted from the South Reservoir Com-plex Mounding Drain, including water pre-viously stored under 09CW264 and re-leased to the South Platte River. 5. Com-plete Statement of Plan for Augmentation.5.1. Depletions from South ReservoirComplex Mounding Drain. The SouthReservoir Complex is located on the eastand west side of the South Platte Riverbetween I-270 and I-76. The SouthReservoir Complex consists of two off-channel reservoirs designated Bambei-Walker Reservoir (formerly known as theMiller Reservoir), located between theSouth Platte and the Burlington ditch, andWelby Reservoir (formerly known as theCat Reservoir), located immediately westof the South Platte River. These reser-voirs are connected and integrated via anunderground conduit that feeds water fromBambie-Walker Reservoir to Welby Reser-voir. The South Gravel Pit ComplexMounding Drain was constructed to re-lieve hydrostatic pressure on Bambei-Walker Reservoir and to prevent an in-crease in the water table up gradient toprevent potential flooding of other struc-tures. Because the South Reservoir Com-plex Mounding Drain is designed to col-lect water, it acts as a horizontal wellwhich depletes the South Platte River.Flow in the Mounding Drain is currently ata near-steady state condition. When theSouth Reservoir Complex Mounding Drainis collecting water, Applicant will store thecollected water pursuant to Case No.09CW264 and replace any associatedout-of-priority depletions on a daily basisfrom Welby Reservoir in the form of reser-voir releases from the South ReservoirComplex. Alternatively, Denver Water mayalso make replacements from the loca-tions described in Paragraph 5.2 below.When there is a call on the South PlatteRiver downstream of the South ReservoirComplex senior to December 29, 2009,Denver Water will make releases from theSouth Reservoir Complex, or from an al-ternate location described below, in time,location and amount to the downstreamsenior calling water right. At times, theplan for augmentation will operate an ex-change when the replacement water is re-turned to the South Platte River below thepoint of depletion from the claimedMounding Drain water right. 5.2. Means ofReplacement. 5.2.1 Augmentation – FirstUse. 5.2.1.1. Sources Available on theSouth Platte River. Sources identified inParagraphs 4.1 through 4.17 and 4.19through 4.27 above are available to theSouth Platte River to replace to a callingwater right on the mainstem of the SouthPlatte River. 5.2.1.2. LFH-1 Well. The re-placement source identified in Paragraph4.18 is available on Cherry Creek and tothe South Platte River at its confluencewith Cherry Creek. This source is locatedin the SW/4 of the NW/4 of Section 18,Township 4 South, Range 67 West of the6th P.M., Denver, Colorado, at a point ap-proximately 1,850 feet from the north sec-tion line and 1,100 feet from the west sec-tion line, also described by street andnumber as 4360 East Virginia Avenue,Denver, Colorado. 5.2.2 Augmentation –Successive Uses. 5.2.2.1. Reuse andSuccessive Use. Each of the sourcesidentified in Paragraph 0 above can be re-used and successively used to extinctionabsent prohibitions preventing such reuse.Currently, as a result of the ruling enteredin Case No. 81CW405, reuse of thesource identified in Paragraph 4.14 is lim-ited. This application does not seek tomodify the decree entered in Case No.81CW405, but Denver reserves the rightto reuse water from this source beyondthe limitations of such ruling if such de-cree is modified to permit such usage.5.2.2.2. Sources Available on the SouthPlatte River. Denver will account for andidentify water once or successively usedthrough its municipal system that is return-ing to the South Platte River, and deliversuch water to the downstream calling rightto replace depletions pursuant to the planfor augmentation: 5.2.2.2.1. From thepoint of release into the South Platte Riverat the Li t t leton/Englewood Bi-Ci tyWastewater Treatment Plant; or 5.2.2.2.2.By deliveries from upstream storage(Antero, Eleven Mile, Cheesman, StrontiaSprings, or Chatfield Reservoirs), usingwater stored in these facilities under sep-arate exchange decrees so permitting.5.2.2.2.3. From the Farmers and Garden-ers Ditch Water Right point of diversionand alternate points of diversion decreedin 2009CW084 WD1. 5.2.2.2.4. From thepoint of release into the South Platte Riverat the Metro Outfall; or 5.2.2.2.5. By deliv-eries from the South Gravel Pit Complex,North Gravel Pit Complex, and LuptonLakes Reservoir Complex of fully consum-able water or water decreed for augment-ation having been stored in these facilities.5.2.2.2.6. Lawn and Landscape IrrigationReturn Flows. Return flows from outdoorwater uses and lawn irrigation return flows(“LIRFs”) accrue from various pointsthroughout Denver’s service area to theSouth Platte River and its tributaries. Ap-plicant intends to use Denver’s LIRFs as asubstitute supply in this plan for augment-ation, subject to the terms and conditionsdecreed in Case No. 04CW121. 5.2.3.Bypass of Water Intercepted from Mound-ing Drain. Denver Water may replace de-pletions from the interception of waterfrom the South Reservoir ComplexMounding Drain by bypassing water inter-cepted at the Mounding Drain and sub-sequently releasing an equivalent amountof water from the South Reservoir Com-plex to the South Platte River. 6. Name(s)and address(es) of owner(s) or reputedowner(s) of the land upon which any newdiversion or storage structure, or modifica-tion to any existing diversion or storagestructure is or will be constructed or uponwhich water is or will be stored, includingany modification to the existing storagepool. This plan for augmentation does notinvolve the construction of any new diver-sion or storage structures, or modificationto any existing diversion or storage struc-tures. Denver Water either owns or hasthe requisite authority to use all structuresnecessary to operate the plan for aug-mentation described herein.

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 ofJULY 2013 ( f o rms ava i l ab le onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 4280First Publication: June 21, 2013Last Publication: June 21, 2013Publisher: Englewood Herald

Misc. Private Legals

THE CITY AND COUNTY OFDENVER, ACTING BY AND THROUGHITS BOARD OF WATER COMMISSION-ERS, 1600 West 12th Avenue, Denver,Colorado 80204. APPLICATION FOR AP-PROVAL OF PLAN FOR AUGMENTA-TION, IN THE CITY AND COUNTY OFD E N V E R , A D A M S , A R A P A H O E ,BROOMFIELD, JEFFERSON, ANDDOUGLAS COUNTIES, DISTRICTCOURT, WATER DIVISION 1, COLOR-ADO, Weld County Courthouse, 901 9thAvenue, P.O. Box 2038, Greeley, CO80632. 1. Name, Mailing Address, EmailAddress and Telephone Number of Ap-plicant(s): City and County of Denver, act-ing by and through its Board of WaterCommissioners (“Denver”), 1600 West12th Avenue, Denver, Colorado 80204,Email: [email protected],Telephone: 303-628-6460. 2. Overview ofPlan: Denver filed the application for CaseNo. 2009CW264 on December 29, 2009.As part of that application, the MoundingDrain associated with the Bambei-WalkerReservoir (formerly known as the MillerReservoir and is part of the South Reser-voir Complex) was included as a point ofdiversion for the 1,129 acre-foot fill and re-fill storage right. The Mounding Drain di-verts groundwater tributary to the SouthPlatte River into Bambei-Walker Reser-voir. Storage of this tributary groundwaterin the reservoir may cause out of prioritydepletions to the South Platte River. ThisPlan for Augmentation serves to quantifyand replace the depletions in time, amountand location to prevent injury to other wa-ter rights. At times, the plan for augmenta-tion will operate an exchange when the re-placement water is returned to the SouthPlatte River below the point of depletionfrom the claimed Mounding Drain waterrights. The South Reservoir Complex andassociated Mounding Drain are shown onExhibit A. 3. Name(s) of structure(s) to beaugmented. South Reservoir ComplexMounding Drain. Remark: The informa-tion contained in Paragraphs 3.1 through3.7 is for reference and background onlyas related to the structure and right to beaugmented, and is not intended tochange, alter or amend the informationcontained in the pending application or fi-nal decree to be entered in Case No.2009CW264 WD1. 3.1. Pending Applic-ant Associated with Structure: Application,Case No.: 2009CW264, Water DivisionNo. 1. 3.2. Legal Description of Structure(Mounding Drain Wet Well and Pump):3.2.1 Legal Description Using the PublicLand Survey System (PLSS). The SouthReservoir Complex Mounding Drain isgenerally located between the BurlingtonDitch and the slurry wall that surroundsBambei-Walker Reservoir. The groundwater collected by the dewatering systemis collected and pumped at a point loc-ated in the NW1/4 of the SE1/4 of Section1, Township 3 South, Range 68 West ofthe 6th P.M., in Adams County, Colorado,approximately 1,443 feet from the eastsection line and 2,396 feet from the southsection line. The ground water collectedby the dewatering system is dischargedinto Bambei-Walker Reservoir at a pointlocated in the NW1/4 of the SE1/4 of Sec-tion 1, Township 3 South, Range 68 Westof the 6th P.M., in Adams County, Color-ado, approximately 1,519 feet from theeast section line and 2,215 feet from thesouth section line. A map showing the ap-proximate location of the ground watermounding drain system pump and dis-charge point is attached hereto as ExhibitA. 3.2.2 Location information in UTMFormat. The location of the MoundingDrain Pump is Northing: 4407702.34,Easting: 504660.60, UTM Zone 13. Thelocation where the Mounding Drain dis-charges into Bambei-Walker Reservoir isN o r t h i n g : 4 4 0 7 6 4 6 . 7 4 , E a s t i n g :504636.79, UTM Zone 13. Source: GPSDevice Survey Grade; Accuracy: accur-acy is within 2cm (horizontally) and 4cm(vertically). 3.3 Appropriation date:December 29, 2009. 3.4 Amount: 3.4.1Flow Rate. 2 c.f.s. (CONDITIONAL) 3.4.2Volume. Applicant seeks an annual volu-metric limit of 1,129 acre-feet (CONDI-TIONAL) with the right to refill up to 1,129acre-feet (CONDITIONAL). 3.5 Source ofWater. Alluvial groundwater tributary tothe South Platte River. 3.6 Uses. The wa-ter diverted and stored under the waterright proposed herein will be used for non-agricultural irrigation, commercial, industri-al and all municipal uses; including, butnot limited to, domestic, mechanical, man-ufacturing, industrial, power generation,fire protection, sewage treatment, streetsprinkling, irrigation of parks, lawns,grounds, open spaces, recreation, piscat-orial, maintenance and preservation ofwildlife and aesthetic values, replacementof lake and reservoir evaporation, andaugmentation and/or replacement. Suchwater may be fully consumed by followingstorage and subsequent release, and byreuse, successive use, further exchangeand disposition, subject to the terms andconditions of this Decree. 3.7 Place ofUse. The water diverted and stored underthe water right proposed herein will beplaced to beneficial use wherever DenverWater may, now or in the future, legallyprovide water. The place of use includesDenver Water’s service area as it existsnow as approximately shown on the mapattached hereto as Exhibit B or may existin the future, within Denver, Arapahoe,Douglas, Jefferson, Adams, and Broom-field Counties, Colorado. 4. Water right(s)to be Used for Augmentation. Denverowns water rights originally decreed in theSouth Platte River basin for direct flow ir-rigation uses and has changed the con-sumptively used portions of these rights,by decree, to all municipal uses. Denver’stransmountain water rights, decreedchanged irrigation rights, and decreednontributary water rights may be used forall municipal purposes as well as ex-change, augmentation, replacement of de-pletions, reuse and successive uses. Wa-ter from these fully consumable sourceswill be made available in the amounts andat locations necessary to replace out-of-priority depletions pursuant to the plan foraugmentation decreed herein. Denver re-tains dominion and control over its con-sumptive use, transbasin, and nontribu-tary water sources after the water hasbeen used, reused, and successivelyused until extinction, including its lawn andlandscape irrigation return flows as de-termined in Case No. 04CW121, WaterDivision 1. Water from these sources thatis once or successively used through Den-ver’s water system and returned to theSouth Platte River, and its tributaries willbe made available in the amount and atlocations, including, but not limited to, out-falls of the various wastewater treatmentplants that discharge effluent attributableto Denver’s water service areas, neces-sary to replace out-of-priority depletionspursuant to the plan for augmentation de-creed herein: 4.1. Beery Ditch (Case No.W-7739-74), Appropriation Date: June 15,1861. Pursuant to this decree, Denver isentitled to divert and consumptively use1,600 acre-feet annually. 4.2. Four MileDitch (Case No. 80CW313), Appropri-ation Date: June 1, 1868. Pursuant tothis decree, Denver is entitled to divertand consumptively use 544 acre-feet an-nually. 4.3. Brown Ditch (Case No.86CW014), Appropriation Date: Novem-ber 30, 1862. Pursuant to this decree,Denver is entitled to divert and con-sumptively use 158 acre-feet annually.4.4. Nevada Ditch (Case No. 90CW172),Appropriation Dates: Priority No. 4 -Au-gust 30, 1861; Priority No. 19 - December30, 1865. Pursuant to this decree, Den-ver is entitled to divert and consumptivelyuse 1,209 acre-feet annually. 4.5. LastChance Ditch (Case No. 92CW014), Ap-propriation Dates: Priority No. 14 -December 30, 1863; Priority No. 39 -March 3, 1868. Pursuant to this decree,Denver is entitled to divert and con-sumptively use 242 acre-feet annually.4.6. Pioneer Union Ditch (Case No.91CW100), Appropriation Dates: PriorityNo. 5 - December 10, 1861; Priority No.11 - September 1, 1862. Pursuant to thisdecree, Denver is entitled to divert andconsumptively use 498.6 acre-feet annu-ally. 4.7. Hodgson Ditch (Case No.91CW102), Appropriation Date: PriorityNo. 3 - June 1, 1861. Pursuant to this de-cree, Denver is entitled to divert and con-sumptively use 44 acre-feet annually. 4.8.Harriman Ditch (Case No. 91CW103), Ap-propriation Dates: Priority No. 23 – March16, 1869; Priority No. 25 – May 1, 1871;Priority No. 30 – March 1, 1882. Pursu-ant to this decree, Denver is entitled to di-vert and consumptively use 615.3 acre-feet annually. 4.9. Robert Lewis Ditch(Case No. 91CW105), Appropriation Date:Priority No. 19 - October 1, 1865. Pursu-ant to this decree, Denver is entitled to di-vert and consumptively use 207.78 acre-feet annually. 4.10. Simonton Ditch (CaseNo. 91CW106), Appropriation Date: Prior-ity No. 2 – December 25, 1860. 4.11. War-rior Ditch (Case No. 91CW109), Appropri-ation Dates: Priority No. 4 - December 1,1861; Priority No. 8 - April 16, 1862; Prior-ity No. 14 -October 31, 1864. Pursuant tothis decree, Denver is entitled to divertand consumptively use 939.1 acre-feetannually. 4.12. Blue River DiversionProject (Water District No. 36, SummitCounty Case Nos. 1805 and 1806 andConsolidated Case Nos. 2782, 5016, and5017, U.S. District Court), AppropriationDate of June 24, 1946. 4.13. StraightCreek Conduit of the Roberts Tunnel Col-lection System (Water District No. 36, C.A.No. 2371), Appropriation Date: January21, 1957. 4.14. Fraser River and WilliamsFork Diversion Projects (Water District No.51, Grand County, C.A. No. 657), Appro-priation Date of July 4, 1921. This sourcemay be used as a replacement supply un-der this plan to the extent allowed by the1940 Agreement except as otherwisemodified. 4.15. Darling Creek Extension ofthe Williams Fork Diversion Project (Wa-ter District 51, Grand County, C.A. No.1430), Appropriation Date of August 26,1953. 4.16. Moffat Tunnel Collection Sys-tem (Water District No. 51, Grand County,C.A. No. 1430), Appropriation Date of Au-gust 30, 1963. 4.17. Hamilton-CabinCreek Ditch, Extension and Enlargementof Hamilton-Cabin Creek Ditch, MeadowCreek Reservoir (Water District No. 51,Grand County, C.A. No. 657), Appropri-ation Date of July 2, 1932. 4.18. LFH-1Well (Permit Nos. 32363-F and 35393-F),withdrawing non-tributary water from theLaramie-Fox Hills Aquifer, decreed inCase No. 88CW149, W.D.1 for an aver-age annual amount of 141 acre-feet. 4.19.South Platte Gravel Pit Storage Right(Case No. 2001CW286 WD1), Appropri-ation Date: December 28, 2001, for aSouth Platte storage right for the use andreuse of 2,400 acre-feet stored in theSouth Reservoir Complex, and 17,747acre-feet stored in the North ReservoirComplex, with the right to refill. 4.20. Re-cycled Plant Direct Flow Water Right(Case No. 2001CW287 WD1), Appropri-ation Date: December 28, 2001. Only re-usable return flows from this water rightmay be used for augmentation. 4.21. Den-ver Metro Wells (Case No. 2003CW186WD1) withdrawing non-tributary and not-non tributary water from the Arapahoe,Upper Arapahoe, and Laramie-Fox HillsAquifers. 4.22. Farmers and GardenersDitch Water Right, (Case No. 2009CW084WD1), Appropriation Date: March 15,1863. 4.23. Lupton Lakes Storage Com-plex Water Right, pending (Case No.2007CW322 WD1), Appropriation Date:July 12, 2006. 4.24. South ReservoirComplex Enlargement Water Right,pending (Case No. 2009CW264 WD1),Appropriation Date: October 15, 1996.4.25. Lawn Irrigation Return Flows (CaseNo. 2004CW121 WD1), Decree Date: May15, 2012. 4.26. Denver can also releasewater from the above-referenced sourcesstored in Chatfield Reservoir, Soda LakesReservoirs, and Harriman Reservoir ordischarged from the Metro WastewaterTreatment Plant or Littleton/Englewood(“Bi-City”) Wastewater Treatment Plant inthe amounts necessary to replace out-of-priority depletions that may result from wa-ter treated by Inverness. 4.27. Water inter-cepted from the South Reservoir Com-plex Mounding Drain, including water pre-viously stored under 09CW264 and re-leased to the South Platte River. 5. Com-plete Statement of Plan for Augmentation.5.1. Depletions from South ReservoirComplex Mounding Drain. The SouthReservoir Complex is located on the eastand west side of the South Platte Riverbetween I-270 and I-76. The SouthReservoir Complex consists of two off-channel reservoirs designated Bambei-Walker Reservoir (formerly known as theMiller Reservoir), located between theSouth Platte and the Burlington ditch, andWelby Reservoir (formerly known as theCat Reservoir), located immediately westof the South Platte River. These reser-voirs are connected and integrated via anunderground conduit that feeds water fromBambie-Walker Reservoir to Welby Reser-voir. The South Gravel Pit ComplexMounding Drain was constructed to re-lieve hydrostatic pressure on Bambei-Walker Reservoir and to prevent an in-crease in the water table up gradient toprevent potential flooding of other struc-tures. Because the South Reservoir Com-plex Mounding Drain is designed to col-lect water, it acts as a horizontal wellwhich depletes the South Platte River.Flow in the Mounding Drain is currently ata near-steady state condition. When theSouth Reservoir Complex Mounding Drainis collecting water, Applicant will store thecollected water pursuant to Case No.09CW264 and replace any associatedout-of-priority depletions on a daily basisfrom Welby Reservoir in the form of reser-voir releases from the South ReservoirComplex. Alternatively, Denver Water mayalso make replacements from the loca-tions described in Paragraph 5.2 below.When there is a call on the South PlatteRiver downstream of the South ReservoirComplex senior to December 29, 2009,Denver Water will make releases from theSouth Reservoir Complex, or from an al-ternate location described below, in time,location and amount to the downstreamsenior calling water right. At times, theplan for augmentation will operate an ex-change when the replacement water is re-turned to the South Platte River below thepoint of depletion from the claimedMounding Drain water right. 5.2. Means ofReplacement. 5.2.1 Augmentation – FirstUse. 5.2.1.1. Sources Available on theSouth Platte River. Sources identified inParagraphs 4.1 through 4.17 and 4.19through 4.27 above are available to theSouth Platte River to replace to a callingwater right on the mainstem of the SouthPlatte River. 5.2.1.2. LFH-1 Well. The re-placement source identified in Paragraph4.18 is available on Cherry Creek and tothe South Platte River at its confluencewith Cherry Creek. This source is locatedin the SW/4 of the NW/4 of Section 18,Township 4 South, Range 67 West of the6th P.M., Denver, Colorado, at a point ap-proximately 1,850 feet from the north sec-tion line and 1,100 feet from the west sec-tion line, also described by street andnumber as 4360 East Virginia Avenue,Denver, Colorado. 5.2.2 Augmentation –Successive Uses. 5.2.2.1. Reuse andSuccessive Use. Each of the sourcesidentified in Paragraph 0 above can be re-used and successively used to extinctionabsent prohibitions preventing such reuse.Currently, as a result of the ruling enteredin Case No. 81CW405, reuse of thesource identified in Paragraph 4.14 is lim-ited. This application does not seek tomodify the decree entered in Case No.81CW405, but Denver reserves the rightto reuse water from this source beyondthe limitations of such ruling if such de-cree is modified to permit such usage.5.2.2.2. Sources Available on the SouthPlatte River. Denver will account for andidentify water once or successively usedthrough its municipal system that is return-ing to the South Platte River, and deliversuch water to the downstream calling rightto replace depletions pursuant to the planfor augmentation: 5.2.2.2.1. From thepoint of release into the South Platte Riverat the Li t t leton/Englewood Bi-Ci tyWastewater Treatment Plant; or 5.2.2.2.2.By deliveries from upstream storage(Antero, Eleven Mile, Cheesman, StrontiaSprings, or Chatfield Reservoirs), usingwater stored in these facilities under sep-arate exchange decrees so permitting.5.2.2.2.3. From the Farmers and Garden-ers Ditch Water Right point of diversionand alternate points of diversion decreedin 2009CW084 WD1. 5.2.2.2.4. From thepoint of release into the South Platte Riverat the Metro Outfall; or 5.2.2.2.5. By deliv-eries from the South Gravel Pit Complex,North Gravel Pit Complex, and LuptonLakes Reservoir Complex of fully consum-able water or water decreed for augment-ation having been stored in these facilities.5.2.2.2.6. Lawn and Landscape IrrigationReturn Flows. Return flows from outdoorwater uses and lawn irrigation return flows(“LIRFs”) accrue from various pointsthroughout Denver’s service area to theSouth Platte River and its tributaries. Ap-plicant intends to use Denver’s LIRFs as asubstitute supply in this plan for augment-ation, subject to the terms and conditionsdecreed in Case No. 04CW121. 5.2.3.Bypass of Water Intercepted from Mound-ing Drain. Denver Water may replace de-pletions from the interception of waterfrom the South Reservoir ComplexMounding Drain by bypassing water inter-cepted at the Mounding Drain and sub-sequently releasing an equivalent amountof water from the South Reservoir Com-plex to the South Platte River. 6. Name(s)and address(es) of owner(s) or reputedowner(s) of the land upon which any newdiversion or storage structure, or modifica-tion to any existing diversion or storagestructure is or will be constructed or uponwhich water is or will be stored, includingany modification to the existing storagepool. This plan for augmentation does notinvolve the construction of any new diver-sion or storage structures, or modificationto any existing diversion or storage struc-tures. Denver Water either owns or hasthe requisite authority to use all structuresnecessary to operate the plan for aug-mentation described herein.














Public Notice





13CW3042 City of Aurora, Colorado, act-ing by and through its Utility Enterprise,15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012-1555,Telephone: 303-739-7370 Please sendall future pleadings and correspondenceto Applicants counsel: Steven O. Simsand John A. Helfrich, Brownstein HyattFarber Schreck, LLP, 410 17th Street,Suite 2200, Denver, CO 80202, PhoneNumber: (303) 223-1100. Fax Number:(303) 223-1111. Email: [email protected];[email protected]. APPLICATION FORCONDITIONAL TRIBUTARY GROUNDWATER RIGHTS AND AMENDMENT OF06CW104 PLAN FOR AUGMENTATIONTO ADD ADDITIONAL WELLS TO THEPRAIRIE WATERS PROJECT WELLF IELD, IN ADAMS, ARAPAHOE,DOUGLAS AND WELD COUNTIES2.Conditional Tributary Ground WaterRight. (a) Name of Structure. Prairie Wa-ters Project Well Field ("PWP Well Field")(b) Description of Structure. Aurora willconstruct an additional six (6) verticalwells within the existing PWP Well Fieldthat was decreed in Case No. 06CW104at the locations identified in Exhibit 1 (the"In-Fill Wells"). None of the In-Fill Wellsare located in a designated basin, divertnon-tributary water or are required to bepermitted pursuant to the provisions ofsection 37-90-137(4), C.R.S. (i) Legal De-scription of location of In-Fill Wells: Thewells are located in T1N, R 66 W, Sec-tions 18 and 19 as more particularly de-scribed in Exhibit 2. (c) Source. SouthPlatte River alluvium. (d) Date of appropri-ation. May 24, 2013. (e) Rate of diver-sion. The diversions from the Infill Wells,in combination with the total diversionsfrom the PWP Well Field, will not exceedthe 77.4 c.f.s. diversion rate decreed inCase No. 06CW104. (f) How appropri-ation was initiated. Aurora appropriatedthis conditional water right by forming theintention to appropriate coupled with per-forming overt, physical acts constituting afirst step toward diversion and applicationof the claimed water rights to a beneficialuse. Aurora performed overt acts consti-tuting a first step including, but not limitedto, acquiring the legal right to construct awell at the claimed locations, surveying,performing engineering analysis, con-structing and performing pump tests andfiling the application in this matter on May24, 2013. (g) Uses. The water rights shallbe used for all municipal and domesticpurposes including without limitation fireprotection, irrigation, commercial and in-dustrial use, recreational purposes, fishand wildlife propagation, stock watering,reservoir evaporation replacement, con-struction of any of the structures orpipelines used in the Prairie WatersProject, storage and maintenance of stor-age reserves, exchange and augmenta-tion purposes, for use, reuse or success-ive use until extinction. The location of usewill be any Prairie Waters Project con-struction area, any area Aurora is capableof serving by these diversion and storagepoints within the existing or future waterservice area of the City of Aurora locatedin Adams, Arapahoe and DouglasCounties or any extra-territorial area inwhich the City of Aurora contracts toprovide augmentation water, treated orraw water service or any area in which Au-rora has augmentation or delayed returnflow obligations. (h) Date water applied tobeneficial use. Not applicable; condition-al right claimed. 3. Amendment of Plan forAugmentation and Exchange by Additionof Wells. Aurora seeks to amend the planfor augmentation and exchange decreedby this Court in Case No. 06CW104 (the"PWP Augmentation and Exchange Plan")by addition of the In-Fill Wells described inparagraph 2, above. (a) Structures to beAugmented. The In-Fill Wells described inparagraph 2, above. (b) Water Rights ToBe Used for Augmentation and Exchange.Aurora will use the replacement sourcesidentified in paragraphs 26 and 28 of thePWP Augmentation and Exchange Plan.(c) Statement of Plan for Augmentation.Paragraph 27.1.1. of the decree in CaseNo. 06CW104 provides for the addition ofnew wells to the PWP Augmentation Planby filing an application to amend the planfor augmentation. By addition of thesewells, Aurora will not exceed the volumet-ric diversion limits contained in the PWPAugmentation and Exchange Plan. Au-rora shall augment the In-Fill Wells usingthe same augmentation supplies identi-fied in the PWP Augmentation and Ex-change Plan. Aurora shall operate the In-Fill Wells in the manner and pursuant tothe same terms and conditions required inthe PWP Augmentation and ExchangePlan. Aurora will not cause injury to exist-ing decreed or conditional water rights bythe inclusion of the In-Fill Wells in thePWP Augmentation and Exchange Plan.4. Names and Addresses of Owners ofLand on which Structures are Located. (a)Aurora owns the property on which In-FillWells are located.





City of Aurora, Colorado, act-ing by and through its Utility Enterprise,15151 East Alameda Parkway, Suite3600, Aurora, Colorado 80012-1555,Telephone: 303-739-7370 Please sendall future pleadings and correspondenceto Applicants counsel: Steven O. Simsand John A. Helfrich, Brownstein HyattFarber Schreck, LLP, 410 17th Street,Suite 2200, Denver, CO 80202, PhoneNumber: (303) 223-1100. Fax Number:(303) 223-1111. Email: [email protected];[email protected]. APPLICATION FORCONDITIONAL TRIBUTARY GROUNDWATER RIGHTS AND AMENDMENT OF06CW104 PLAN FOR AUGMENTATIONTO ADD ADDITIONAL WELLS TO THEPRAIRIE WATERS PROJECT WELLF IELD, IN ADAMS, ARAPAHOE,DOUGLAS AND WELD COUNTIES2.Conditional Tributary Ground WaterRight. (a) Name of Structure. Prairie Wa-ters Project Well Field ("PWP Well Field")(b) Description of Structure. Aurora willconstruct an additional six (6) verticalwells within the existing PWP Well Fieldthat was decreed in Case No. 06CW104at the locations identified in Exhibit 1 (the"In-Fill Wells"). None of the In-Fill Wellsare located in a designated basin, divertnon-tributary water or are required to bepermitted pursuant to the provisions ofsection 37-90-137(4), C.R.S. (i) Legal De-scription of location of In-Fill Wells: Thewells are located in T1N, R 66 W, Sec-tions 18 and 19 as more particularly de-scribed in Exhibit 2. (c) Source. SouthPlatte River alluvium. (d) Date of appropri-ation. May 24, 2013. (e) Rate of diver-sion. The diversions from the Infill Wells,in combination with the total diversionsfrom the PWP Well Field, will not exceedthe 77.4 c.f.s. diversion rate decreed inCase No. 06CW104. (f) How appropri-ation was initiated. Aurora appropriatedthis conditional water right by forming theintention to appropriate coupled with per-forming overt, physical acts constituting afirst step toward diversion and applicationof the claimed water rights to a beneficialuse. Aurora performed overt acts consti-tuting a first step including, but not limitedto, acquiring the legal right to construct awell at the claimed locations, surveying,performing engineering analysis, con-structing and performing pump tests andfiling the application in this matter on May24, 2013. (g) Uses. The water rights shallbe used for all municipal and domesticpurposes including without limitation fireprotection, irrigation, commercial and in-dustrial use, recreational purposes, fishand wildlife propagation, stock watering,reservoir evaporation replacement, con-struction of any of the structures orpipelines used in the Prairie WatersProject, storage and maintenance of stor-age reserves, exchange and augmenta-tion purposes, for use, reuse or success-ive use until extinction. The location of usewill be any Prairie Waters Project con-struction area, any area Aurora is capableof serving by these diversion and storagepoints within the existing or future waterservice area of the City of Aurora locatedin Adams, Arapahoe and DouglasCounties or any extra-territorial area inwhich the City of Aurora contracts toprovide augmentation water, treated orraw water service or any area in which Au-rora has augmentation or delayed returnflow obligations. (h) Date water applied tobeneficial use. Not applicable; condition-al right claimed. 3. Amendment of Plan forAugmentation and Exchange by Additionof Wells. Aurora seeks to amend the planfor augmentation and exchange decreedby this Court in Case No. 06CW104 (the"PWP Augmentation and Exchange Plan")by addition of the In-Fill Wells described inparagraph 2, above. (a) Structures to beAugmented. The In-Fill Wells described inparagraph 2, above. (b) Water Rights ToBe Used for Augmentation and Exchange.Aurora will use the replacement sourcesidentified in paragraphs 26 and 28 of thePWP Augmentation and Exchange Plan.(c) Statement of Plan for Augmentation.Paragraph 27.1.1. of the decree in CaseNo. 06CW104 provides for the addition ofnew wells to the PWP Augmentation Planby filing an application to amend the planfor augmentation. By addition of thesewells, Aurora will not exceed the volumet-ric diversion limits contained in the PWPAugmentation and Exchange Plan. Au-rora shall augment the In-Fill Wells usingthe same augmentation supplies identi-fied in the PWP Augmentation and Ex-change Plan. Aurora shall operate the In-Fill Wells in the manner and pursuant tothe same terms and conditions required inthe PWP Augmentation and ExchangePlan. Aurora will not cause injury to exist-ing decreed or conditional water rights bythe inclusion of the In-Fill Wells in thePWP Augmentation and Exchange Plan.4. Names and Addresses of Owners ofLand on which Structures are Located. (a)Aurora owns the property on which In-FillWells are located.




Public Notice





10CW306 Arapahoe County Water AndWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031 EastCaley Avenue, Centennial, Colorado80111; United Water and Sanitation Dis-trict acting directly and by and through theUnited Water and Sanitation DistrictACWWA Enterprise (“United”), c/o RobertLembke, 8301 East Prentice Avenue#100, Greenwood Village, Colorado80111; and East Cherry Creek Valley Wa-ter and Sanitation District, acting directlyand by and through the East Cherry CreekValley Water and Sanitation District Wa-ter Activity Enterprise, Inc. (“ECCV”), c/oDavid Kaunisto, District Manager, 6201South Gun Club Road, Aurora, Colorado80016. SECOND AMENDED APPLICA-TION FOR APPROVAL OF ADDITIONALUSER IN THE PLANS FOR AUGMENTA-TION AND RECHARGE PROJECTS DE-CREED IN CASE NOS. 02CW403,02CW404, AND 03CW442; TO AMENDTHE PLANS FOR AUGMENTATION ANDRECHARGE PROJECTS DECREED INCASE NOS. 02CW403, 02CW404, AND03CW442; AND FOR CONDITIONAL WA-TER RIGHTS, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. 1. Theabove listed parties will be collectively re-ferred to as the “Applicants.” Please sendall pleadings and correspondence to: Bri-an M. Nazarenus, Esq., Sheela S. Stack,Esq., Susan M. Ryan, Esq., Ryley Car-lock & Applewhite, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); Tod J. Smith, Esq.,The Law Office of Tod J. Smith, 1007Pearl Street, Suite 220, Boulder, Color-ado 80302, Scott B. McElroy, Esq., AliceE. Walker, Esq., Daniel E. Steuer, Esq.,Gregg H. DeBie, Esq., McElroy, Meyer,Walker & Condon, P.C., 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorneys for United); William B.Tourtillott, Esq., Brian M. Nazarenus,Esq., Sheela S. Stack, Esq., Susan M. Ry-an, Esq., Ryley Carlock & Applewhite,1700 Lincoln, Suite 3500, Denver, Color-ado 80203, (Attorneys for ECCV). 2. In-troduction. By this Second Amended Ap-plication (also referred to as the “Applica-tion”), ACWWA, ECCV, and United seekto amend the plans for augmentation andrecharge projects decreed in Case Nos.02CW403 (“403 Decree”), 02CW404 and03CW442 (“404/442 Decree”), to addACWWA to certain portions of those De-crees, and for the approval of a condition-al water right. The Applicants are notseeking to replace the 403 Decree or the404/442 Decree, but instead to amendthose decrees to include additional wells,recharge ponds, and water rights. ThisApplication also seeks to amend the plansfor augmentation, recharge projects, andconditional water rights decreed in CaseNos. 02CW403, 02CW404 and 03CW442to include ACWWA.3. Background and Description of Applic-ants’ Prior Decrees. 3.1. Background.The Water Supply Project, or the North-ern Project, is an integrated system for thediversion, accretion, collection, storage,transmission, and treatment of waterrights that was originally designed toprovide ECCV with a long-term, sustain-able municipal water supply for its servicearea. In order to implement the WaterSupply Project, ECCV, United, and theFarmers Reservoir and Irrigation Com-pany (“FRICO”) entered into a Water Sup-ply Agreement, dated December 18, 2003,which was amended in May 2007. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-mental Agreement (“IGA”) to provide forACWWA’s participation with ECCV andUnited in the Water Supply Project. TheWater Supply Project is now designed toprovide ECCV and ACWWA with a long-term, sustainable municipal water supplyfor their respective service areas locatedin Arapahoe and Douglas Counties, Color-ado. Maps of ECCV’s and ACWWA’s ser-vice areas were attached to the originalapplication in this case as Exhibit 1 andExhibit 2, respectively, which are incorpor-ated into this Second Amended Applica-tion. 3.2. Decreed Components of theWater Supply Project. The Water Courthas previously decreed various compon-ents of the Water Supply Project for EC-CV and United’s use: 3.2.1. Case No.02CW403. The Water Court approved aplan for augmentation (“ACWWA/ECCVAugmentation Plan”) (by this Application,the ECCV Augmentation Plan for ECCV’sUpper Beebe Draw well field defined inthe 403 Decree is redefined as theACWWA/ECCV Augmentation Plan) forECCV’s Upper Beebe Draw wellfield(“ACWWA/ECCV Well Field”), (by this Ap-plication, the ECCV Well Field defined inthe 403 Decree is redefined as theACWWA/ECCV Well Field), as describedin paragraph 15.1 of the 403 Decree. TheACWWA/ECCV Augmentation Plan al-lowed for the future addition of wells to theaugmentation plan and for the use of addi-tional sources of substitute supply to re-place the out-of-priority depletions result-ing from pumping the ACWWA/ECCVWell Field. 3.2.2. Case Nos. 02CW404and 03CW442. The Water Court ap-proved the addition of six (6) wells to theACWWA/ECCV Well Field, additionalsources of replacement water to theACWWA/ECCV Augmentation Plan, and arecharge project in the Beebe Draw (the“Beebe Draw Recharge Project”). TheWater Court also approved a plan for aug-mentation to replace the out-of-priority de-pletions created by the pumping of wellslocated on 70 Ranch (“70 Ranch Aug-mentation Plan”) and a recharge projecton the 70 Ranch (“70 Ranch RechargeProject”). Finally, the Water Court ap-proved a one-time diversion conditionalsurface water right, a Milton Lake 2003Storage Right, a Plan for Augmentation forthe Milton Lake 2003 Storage Right, aright of substitution, and an appropriativeright of exchange. The 403 and 404/442Decrees were attached to the FirstAmended Application as Exhibits 7 and 8respectively, which are incorporated intothis Second Amended Application. 4.Claims in the Original and First AmendedApplications. The claims in the originalapplication in this case to include ACWWAas an end user in the Water SupplyProject mirrored the claims pled in theamended applications in the 404/442Case. As a result of negotiations with op-posers and three separate motions to dis-miss claims, the 404/442 Decree was sig-nificantly different from the amended ap-plications in those cases. As part of thenegotiations, for example, the Applicantswithdrew their claims for conjunctive useprojects in the Beebe Draw and the 70Ranch alluvial aquifers, and their claimsrelated to the Lower Beebe Draw wellfield.ACWWA was not an end user of water un-der the 404/442 Decree. Therefore, theApplicants sought in the First AmendedApplication to incorporate ACWWA intothe Water Supply Project as it was setforth in the 404/442 Decree, and to addcomponents consistent with the require-ments in that Decree. The Applicantswithdrew their claims related to: a) theconjunctive use projects in the BeebeDraw and 70 Ranch alluvial aquifers; andb) the Lower Beebe Draw Well Field. TheApplicants also: a) included ACWWA inthe Beebe Draw Recharge Project, andthe 70 Ranch Augmentation Plan and Re-charge Project; b) added wells to the 70Ranch Augmentation Plan with a claim fora conditional water right for those wells;and c) added the 70 Ranch Recharge Col-lection Pipeline and additional amounts ofrecharge water to the 70 Ranch Re-charge Project. 5. Purpose of the SecondAmended Application. In this SecondAmended Application, the Applicants seekto: a) amend the ACWWA/ECCV Aug-mentation Plan decreed in Case No.02CW403 to add five (5) wells, to estab-lish priority dates for the ACWWA/ECCVWell Field, to add additional sources of re-placement water to the ACWWA/ECCVAugmentation Plan; b) amend the BeebeDraw Recharge Project decreed in CaseNos. 02CW404 and 03CW442 to add a re-charge pond; c) amend the 70 RanchAugmentation Plan decreed in Case Nos.02CW404 and 03CW442 to add eight (8)wells to the 70 Ranch Augmentation Plan;d ) i nco rpo ra te ACWWA in to theACWWA/ECCV Augmentation Plan de-creed in Case No. 02CW403 as amendedby the 404/442 Decree and this Applica-tion; e) incorporate ACWWA into theBeebe Draw Recharge Project decreed inCase Nos. 02CW404 and 03CW442 asamended by this Application; f) incorpor-ate ACWWA into the 70 Ranch Augment-at ion Plan decreed in Case Nos.02CW404 and 03CW442 as amended bythis Application; g) incorporate ACWWAinto the 70 Ranch Recharge Project de-creed in Case Nos. 02CW404 and03CW442 as amended by this Application;h) add ACWWA as an end user of theconditional water rights decreed in CaseNos. 02CW404 and 03CW442; i) approvea conditional water right for the United Di-version Facility No. 6 located on the 70Ranch; and j) add storage facilities fromwhich the Applicants may deliver replace-ment water to replace out-of-priority deple-tions and winter return flow obligations.Additionally, the prior applications de-scribed ACWWA’s service area as beinglocated in Arapahoe County. ACWWA’sservice area also includes areas inDouglas County as depicted on the mapattached as Exhibit 2 to the original applic-ation, which is incorporated into thisSecond Amended Application, and Applic-ants include Douglas County in the de-scription of ACWWA’s service area. Inthis case, the Applicants do not seek toadjudicate ACWWA as a user of the ap-propriative rights of exchange, or right ofsubstitution decreed in the 404/442 De-cree. An application to adjudicate ex-changes related to ACWWA’s participa-tion in the Water Supply Project is pendingin Case No. 09CW283. This SecondAmended Application supersedes and re-places the original application filed onDecember 29, 2010, and the FirstAmended Application filed on October 28,2011. Appl icat ion to Amend theACWWA/ECCV Augmentation Plan. 6.General Description. The Applicants seekapproval of ACWWA’s incorporation intothe ACWWA/ECCV Augmentation Planapproved in the 403 Decree as amendedby the 404/442 Decree for the pumping ofthe ACWWA/ECCV Wel l F ie ld forACWWA’s benefit, and delivery of that wa-ter to ACWWA’s service area. The Applic-ants also seek to amend the ACWWA/EC-CV Augmentation Plan to add new wells,establish priority dates, and to addsources of substitute supply. 7. Augmen-ted Structures to be Utilized by ACWWAand ECCV. The ACWWA/ECCV WellField currently includes a total of twelve(12) wells. The ACWWA/ECCV Well Fieldis located in the Beebe Draw. United isthe fee owner of the land on which thewells are located. 7.1. List of CurrentlyDecreed Wells. 7.1.1. The 403 Decreeapproved a plan for augmentation for six(6) of the wells in the ACWWA/ECCV WellField. Copies of the well permits were at-tached to the original application in thiscase as Exhibit 3, which is incorporatedinto this Second Amended Application.The legal descriptions of the six (6) wellsare also found in Appendices 4 and 7 tothe 403 Decree. The six (6) wells are alllocated in T1S, R66W of the 6th PM,Adams County, Colorado, as follows: P-6(Well Permit No. 64478-F) located in theSE1/4 of the SW1/4 of Section 1; E-7A(Well Permit No. 64477-F) located in theSW1/4 of the SW1/4 of Section 1; P-8(Well Permit No. 64476-F) located in theNW1/4 of the NW1/4 of Section 12; P-11(Well Permit No. 64475-F) located in theSW1/4 of the SW1/4 of Section 12; P-12(Well Permit No. 64473-F) located in theSW1/4 of the NW1/4 of Section 12; and P-13 (Well Permit No. 64474-F) located inthe SE1/4 of the NE1/4 of Section 11.7.1.2. In the 404/442 Case, the WaterCourt approved adding six (6) wells to theAugmentation Plan approved in the 403Decree. These wells were originally mon-itoring wells. The permits for the monitor-ing wells were attached to the original ap-plication in this case as Exhibit 4, which isincorporated into this Second AmendedApplication. They have now been conver-ted to production wells. The wells areequipped with totalizing flow meters andare identified as Well Permit Nos. 75063-Fthrough 75068-F, copies of which were at-tached to the First Amended Applicationas Exhibit 9, which is incorporated into thisSecond Amended Application. The sixwells are located in the Beebe Draw all inT1S, R66W of the 6th PM, Adams County,Colorado, as follows: P-2 (Well PermitNo. 75063) located in the NE1/4 of theNE1/4 of Section 1; P-3 (Well Permit No.75064) located in the SE1/4 of the NE1/4of Section 1; P-4 (Well Permit No. 75065)located in the NW1/4 of the SE1/4 of Sec-tion 1; P-5 (Well Permit No. 75066) loc-ated in the NE1/4 of the SW1/4 of Section1; P-15 (Well Permit No. 75067) located inthe SW1/4 of the NE1/4 of Section 1; andP-18 (Well Permit No. 75068) located inthe NE1/4 of the NE1/4 of Section 1.United is the fee owner of the land onwhich they are located. Legal descrip-tions of the well locations are also found inparagraph 14.1 of the 404/442 Decree, aswell as in the permits attached to the ori-ginal Application as Exhibit 4, which is in-corporated into this Second Amended Ap-plication. 7.1.3. Priority Dates Added tothe Currently Decreed Wells. The Applic-ants did not previously claim priority datesfor the wells in the ACWWA/ECCV WellField. The Applicants claim the followingpriority dates for the previously decreedwells: 7.1.3.1. For the six (6) wells ap-proved in the 403 Decree, described inparagraph 7.1.1. above, a priority date ofAugust 31, 2005, the date by which waterwas pumped from the wells and deliveredvia the Northern Pipeline to ECCV’s ser-vice area. 7.1.3.2. For the six (6) wellsapproved in the 404/442 Decree, de-scribed in paragraph 7.1.2. above, a prior-ity date of April 15, 2011, the date the404/442 Decree was entered by the Wa-ter Court. 7.2. Wells Added to the 403Decree. The Applicants seek to add five(5) new wells to the ACWWA/ECCV WellField (“New Wells”). As required by para-graph 20 of the 403 Decree, this claimconstitutes an application for a change ofwater right. The New Wells will be used towithdraw water from the Beebe Draw fordelivery to the ECCV Reverse OsmosisP l a n t , i n c o m p l i a n c e w i t h t h eACWWA/ECCV Augmentation Plan ap-proved in the 403 Decree, as amended bythe 404/442 Decree and a decree enteredin this case. The wells will be located asfollows: 7.2.1. Well No. E-1 located in theSW1/4 of the NE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.2. Well No. P-14 located in theNE1/4 of the SE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.3. Well No. P-19 located inthe NE1/4 of the SE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.4. Well No. P-20 located in theNW1/4 of the SE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.5. Well No. P-21 located in theSE1/4 of the SW1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.6. Priority Date: For the five(5) wells described above, a priority dateof May 31, 2013, the date on which thisSecond Amended Application was filedwith the Water Court. 7.2.7. United is thegrantee of perpetual easements for WellNos. E-1, P-19, P-20 and P-21 sites.United owns the site for Well No. P-14. 8.Inco rpo ra t i on o f ACWWA in theACWWA/ECCV Augmentation Plan. Thisapplication seeks to incorporate ACWWAinto the ACWWA/ECCV AugmentationPlan set forth in the 403 Decree asamended by the 404/442 Decree and bythis Application. This Application seeksapproval of ACWWA’s pumping from theACWWA/ECCV Well Field for delivery toits service area. ACWWA will replace itsout-of-pr ior i ty deplet ions from theACWWA/ECCV Well Field and its historic-al return flow obligations from its changedwater rights in time, location, and amount,as required by the terms and conditions inthe 403 and 404/442 Decrees and as maybe decreed in this case. ACWWA’ssources of substitute supply are de-scribed in paragraph 9 of this application.Applicants will make projections and ac-count for the depletions associated withACWWA’s use of the ACWWA/ECCV WellField, the historical return flow obligationsassociated with ACWWA’s changed wa-ter rights as they are added to theACWWA/ECCV Augmentation Plan, andprojected supplies of replacement wateras required by the terms and conditions inthe 403 and 404/442 Decrees and as maybe decreed in this case. 9. ReplacementSources for the ACWWA/ECCV Well FieldAdded to the 403 Decree. Pursuant to theprocedures for adding supplies to theACWWA/ECCV Augmentation Plan de-scribed in paragraph 19 of the 403 De-cree, Applicants will add the sources ofsubstitute supply listed below to replaceout-of-pr ior i ty deplet ions from theACWWA/ECCV Well Field, as thesesources are decreed for use in theACWWA/ECCV Augmentation Plan. Thesources listed below are in addition to thereplacement sources decreed in the 403and the 404/442 Decrees. The replace-ment sources include, but are not limitedto the following: 9.1. Pending Change inUse Cases. Applicants have filed applica-tions to change their shares in the Gree-ley I r r igat ion Company (Case No.06CW40), Weldon Valley Ditch Company(Case No. 11CW151/05CW58), the FultonIrrigating Ditch Company (Case No.10CW313), and the Farmers IndependentDitch Company (Case No. 12CW73), all ofwhich are pending in Water Division 1.The shares in the pending change in usecases may not be included in theACWWA/ECCV Augmentation Plan untilApplicants complete the ditch or irrigationcompany’s legally applicable require-ments and procedures, if any, regardingapproval of a change of water right, andcomply with the terms and conditions foradding new sources of supply to theACWWA/ECCV Augmentation Plan setforth in paragraph 19 of the 403 Decree.9.2 Currently Owned But Unchanged Wa-ter Sources and Future Acquired WaterSources. Applicants have acquired waterrights represented by shares in or the rightto use water associated with the WesternMutual Ditch Company, Lake Canal Com-pany, New Cache la Poudre IrrigatingCompany, Cache la Poudre ReservoirCompany, North Side Lateral Ditch Com-pany, Larimer and Weld Irrigation Com-pany, Larimer and Weld Reservoir Com-pany, Fort Morgan Reservoir and Irriga-tion Company, Fort Morgan Asset Man-agement, Inc., Fort Morgan Water Com-pany, Lucas Lateral Ditch Company, NewVon Gohen Lateral Ditch Company, OgilvyIrrigation and Land Company, Owl CreekSupply and Irrigation Company, PleasantValley Lateral Company, Whitney Irriga-tion Company, Windsor Reservoir andCanal Company, and Water Supply andStorage Company (“Currently Owned ButUnchanged Water Sources”). Applicantsmay also acquire additional water for useas a source of substitute supply in theACWWA/ECCV Augmentation Plan (“Fu-ture Acquired Water Sources”). Applica-tion to Amend the Beebe Draw RechargeProject 10. Incorporation of ACWWA inthe Beebe Draw Recharge Project. TheApplicants seek to incorporate ACWWAinto the Beebe Draw Recharge Project de-creed in paragraphs 19-22 of the 404/442Decree. Once changed in use, ACWWA’sfully consumable water supplies will be di-verted through the diversion and deliverystructures described in paragraph 21 ofthe 404/442 Decree and delivered to therecharge facilities described in paragraph20 of that Decree and a decree entered inthis case. Deliveries to the rechargestructures will result in accretions to theBeebe Draw above and below MiltonLake, to Box Elder Creek, and to theSouth Platte River, within the decreedreaches described in paragraph 17.1 anddepicted on Exhibit 3 to the 404/442 De-cree, and attached to this SecondAmended Application as Exhibit 11.ACWWA will use its recharge accretionsto augment its out-of-priority depletionsfrom the ACWWA/ECCV Well Field, re-place historical return flows from itschanged water rights and recharge theBeebe Draw aquifer in accordance withthe terms and conditions of the 403 and404/442 Decrees. 10.1. Recharge Loca-tions. 10.1.1. Delivery Canals. The Ap-plicants may recharge water into theBeebe Draw alluvial aquifer through theBarr Lake Delivery Canals decreed for re-charge and described in paragraph 20.1of the 404/442 Decree. The DeliveryCanals are located as follows: (a) Speer,the entire length of the Speer I Canal ex-tends from the NW1/4 of the NW1/4 of theNW1/4 of Section 13, T2N, R66W of the6th PM to Barr Lake, located in Section23, T1S, R66W, of the 6th PM, AdamsCounty, Colorado; (b) Bowles Seep, theentire length of the canal extends from theNE1/4 of the NE1/4 of the NE1/4 of Sec-tion 6, T1N, R65W of the 6th PM to theNW1/4 of the NE1/4 of the SW1/4 of Sec-tion 31, T1N, R65W of the 6th PM, AdamsCounty, Colorado; (c) East Burlington, theentire length of the canal extends from theSW1/4 of the SE1/4 of the NW1/4 of Sec-tion 28, T1N, R65W of the 6th PM to BarrLake, located in Section 23, T1S, R66W,6th PM, Adams County, Colorado; (d)West Burlington, the entire length of thecanal extends from the NE1/4 of theNW1/4 of the NE1/4 of Section 18, T1N,R65W of the 6th PM to Barr Lake, locatedin Section 23, T1S, R66W, of the 6th PM,Adams County, Colorado; (e) East Neres,the entire length of the canal extends fromthe NW1/4 of the SW1/4 of the SE1/4 ofSection 18, T4N, R64W of the 6th PM tothe NW1/4 of the SE1/4 of the NW1/4 ofSection 6, T3N, R64W of the 6th PM,Adams County, Colorado; and (f) Neres,the entire length of the canal extends fromthe NW1/4 of the NW1/4 of the SW1/4 ofSection 2, T1N, R65W of the 6th PM toBarr Lake, located in Section 23, T1S,R66W of the 6th PM, Adams County, Col-orado. 10.1.2. Recharge Ponds. The Ap-plicants may recharge water into theBeebe Draw alluvial aquifer through therecharge ponds decreed and described inparagraph 20.2 of the 404/442 Decree.The recharge ponds are located as fol-lows: (a) Moser, in the SE1/4 of Section7, T1N, R65W of the 6th PM, WeldCounty, Colorado. The Moser pond hasbeen constructed and is operational; (b)Tu, in the SE1/4 of Section 2, T1S, R66Wof the 6th PM, Adams County, Colorado.The Tu pond has been constructed and isoperational; (c) Mile High Lakes, in theSE1/4 of Section 1, T1S, R66W of the 6thPM and a parcel of land in the NW1/4 ofSection 12, T1S, R66W of the 6th PM,Adams County, Colorado; (d) Bromley, inthe NW1/4 of Section 14, T1S, R66W ofthe 6th PM, Weld County, Colorado; (e)Schupman, in the NW1/4 of Section 19,T1N, R65W of the 6th PM, Weld County,Colorado; (f) Pettinger East and West, inthe SE1/4 of Section 18, T1N, R65W ofthe 6th PM, Weld County, Colorado; (g)Artese, in the NE1/4 of Section 6, T1N,R65W of the 6th PM, Weld County, Color-ado; (h) Dechant, in the NW1/4 of Section28, T2N, R65W of the 6th PM, WeldCounty, Colorado; (i) Carlin, in the SW1/4of Section 19, T2N, R65W of the 6th PM,Weld County, Colorado; (j) Klug, in theNE1/4 of Section 12, T2N, R65W of the6th PM, Weld County, Colorado; and (k)Sater, in the NW1/4 of the SW1/4 of Sec-tion 13, T4N, R64W of the 6th PM, WeldCounty, Colorado. 10.1.3. RechargePond Added to the 404/442 Decree. Inaddition to the recharge ponds approvedin the 404/442 Decree, the Applicantsseek to add the DiSanti recharge pondwhich will be located in the SE1/4 of theSE1/4 of Section 11, T1S, R66W of the6th PM, Weld County, Colorado. Thispond is added pursuant to the require-ments of paragraph 22.2 of the 404/442Decree and ACWWA’s use of the pond isclaimed pursuant to this Second AmendedApplication. The land on which the DiS-anti recharge pond will be located isowned by United. 10.2. Diversion and De-livery Structures. The Applicants will di-vert and deliver their water rights into therecharge ponds described in paragraph10 of this Application, through the struc-tures and at the rates described in para-graph 21 of the 404/442 Decree. The Ap-plicants will only use these structures pur-suant to and in compliance with the termsand conditions of the 404/442 Decree,and any necessary agreements with theowners. The location of the structures isas follows: (a) Burlington Ditch (alsoknown as Burlington/O’Brian Canal), theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, T3S, R68W of the 6th PM,City and County of Denver, Colorado; (b)Beebe Canal Diversion Structures, thirty-one (31) diversion structures constructedalong the entire length of the canal whichextends from Barr Lake, located in Sec-tion 23, T1S, R66W of the 6th PM, AdamsCounty, Colorado, to Milton Lake, locatednear the center of Section 22, T3N, R65Wof the 6th PM, Weld County, Colorado; (c)Metro Pump Station, the discharge of theMetro Pump Station to the BurlingtonCanal is in the NE1/4 of the NW1/4 ofSection 12, T3S, R68W of the 6th PM,Denver County, Colorado; (d) Platte Val-ley Canal (also known as the Evans No. 2Ditch), the headgate is on the east bank ofthe South Platte River in Section 19, T2N,R66W of the 6th PM, Weld County, Color-ado; (e) United Diversion Facility No. 3,the headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, T1S, R67W of the 6th PM, AdamsCounty, Colorado; (f) Bowles Seep, de-scribed above in paragraph 10.1.1; (g)Speer, described above in paragraph10.1.1; (h) East Burlington, describedabove in paragraph 10.1.1; (i) West Burl-ington, described above in paragraph10.1.1; (j) Neres, described above in para-graph 10.1.1; and East Neres, describedabove in paragraph 10.1.1. 11. Locationof Delivery of Augmentation Water. Ap-plicants seek to replace the total out-of-priority depletions caused by the wells ad-ded by this application and ACWWA’s useof the ACWWA/ECCV Well Field by deliv-ering sources of substitute supply de-creed in Case Nos. 02CW403, 02CW404,and 03CW442 and the water rights de-scribed in paragraph 9 of this SecondAmended Application to the Beebe Drawor the South Platte River from the follow-ing locations; provided the water is cap-able of being delivered upstream of thecalling water right, including decreed ex-changes: (a) Barr Lake, an off-channelreservoir located in Sections 15, 21, 22,23, 26, 27, 28, and 33, T1S, R66W of the6th PM, Adams County, Colorado; (b)Milton Lake, an off-channel reservoir loc-ated in Sections 10, 11, 14, 15, 22, and23, T3N, R65W of the 6th PM, WeldCounty, Colorado; (c) United ReservoirNo. 3, an off-channel reservoir in the E1/2of Section 26, T1S, R67W of the 6th PM,Adams County, Colorado. The BeebePipeline extends three (3) miles from theUnited Reservoir No. 3 to the BurlingtonCanal immediately above Barr Lake; (d)Gilcrest Reservoir, an off-channel reser-voir located within a part of Section 2,T3N, R67W and sections 23, 26, 34, and35, T4N, R67W of the 6th PM, WeldCounty, Colorado; (e) 70 Ranch, which isdepicted on the map attached to the ori-ginal application as Exhibit 5 and incorpor-ated into this Second Amended Applica-tion; and (f) Recharge Accretions to theBeebe Draw from the recharge facilitieslisted in paragraph 10.1 above. The Ap-plicants will only use these structures pur-suant to and in compliance with the termsand conditions of the 404/442 Decree,and any necessary agreements with theowners. 11.1 In addition, the Applicantsseek to include two additional structuresfrom which they may deliver water to re-place return flow obligations and out-of-priority depletions: 11.1.1. Union Reser-voir. Union Reservoir, and any enlarge-ment thereof, is located in Sections 29,30, 31 and 32, T3N, R68W of the 6th PM,and upon parts of Sections 5 and 6, T2N,R68W of the 6th PM, Weld County, Color-ado. Union Reservoir receives waterthrough the Oligarchy Ditch the headgateof which is located on the North side of St.Vrain Creek in the SE1/4 of the NE1/4 ofSection 27, T3N, R70W of the 6th PM,Boulder County, Colorado, at a pointwhence the East quarter corner of saidSection 27 bears South 27°26’ East a dis-tance of 560 feet, more or less; the Eastline of the NE1/4 of said Section 27 asbearing North 0°32’42” West with all bear-ings relative thereto, and through a ditchfrom Spring Gulch, a tributary of St. VrainCreek, leading into the Reservoir. Otherconditional points of diversion for UnionReservoir are described in paragraph 9 ofthe February 19, 1991 Decree entered inCase No. 86CW394, District Court, WaterDivision No. 1. The Applicants have atemporary agreement with the City ofLongmont for use of fully consumable wa-ter owned by Longmont and stored in Uni-on Reservoir to meet the Applicants’winter return flow obligations. The Applic-ants intend to seek a long-term agree-ment with the City of Longmont on termssimilar to those in the temporary agree-ment. The Applicants do not and will notseek to store any water they own, wheth-er by exchange or direct diversion, in Uni-on Reservoir unless agreed to by Long-mont and the Reservoir’s owner. UnionReservoir is owned by the Union Reser-voir Company, 3005 West 29th Street,Suite G1, Greeley, Colorado 80631, mail-ing address: PO Box 445, Greeley, Color-ado 80632. 11.1.2. Cornish PlainsReservoir. Cornish Plains Reservoir is anoff-channel reservoir located within por-tions of the NW1/4 of the SE1/4, theSW1/4 of the SE1/4, and the SE1/4 of theSE1/4 of Section 5; the E1/2 of theNW1/4, the entire NE1/4, and the N1/2and the SE1/4 of the SE1/4 of Section 8;and the SW1/4 of the NW1/4 and theW1/2 of the SW1/4 of Section 9, all inT6N, R63W of the 6th PM, Weld County,Colorado. The point of diversion forCornish Plains Reservoir from the Cachela Poudre River is at the headgate of theGreeley No. 2 Canal, located in the SE1/4of the NE1/4 of Section 11, T6N, R68W ofthe 6th PM, Larimer County, Colorado.Other points at which water is delivered in-to the Greeley No. 2 Canal are identifiedin paragraph 7.1.1 of the Decree in Con-solidated Case Nos. 01CW201, 01CW288and 04CW343, District Court, Water Divi-sion No. 1. Pursuant to a temporaryagreement with the New Cache la PoudreIrrigating Company, the Applicants willstore their fully consumable water inCornish Plains Reservoir to meet returnflow obligations and out of priority deple-tions. The Applicants intend to seek along-term agreement similar to their tem-porary agreement with the New Cache laPoudre Irrigating Company, 33040 Rail-road Avenue, P.O. Box 104, Lucerne, Col-orado 80646, which owns Cornish PlainsReservoir. 12. Diversion Structures. TheApplicants will divert and deliver their wa-ter rights into the surface storage facilitiesthrough the structures described in para-graph 21 of the 404/442 Decree and inparagraphs 10.2 and 11 of this SecondAmended Application. Additionally, theApplicants may divert their water rights atthe St. Vrain Pipeline (also known asUnited Diversion Facility No. 5), which is asurface diversion facility that will be con-structed on the east bank of the St. VrainRiver approximately 500 feet West and200 feet North of the SE1/4 corner of Sec-tion 20, T3N, R67W of the 6th PM, WeldCounty, Colorado, pursuant to the claimsin Case No. 07CW335, District Court, Wa-ter Division No. 1 (which has been consol-idated for trial with Case Nos. 11CW285and 09CW283, District Court, Water Divi-sion No. 1). Water will be deliveredthrough the St. Vrain Pipeline to the SouthPlatte River. Depending on the pipelineconfiguration, the point of discharge onthe South Platte River will be located inSW1/4 of the SW1/4 of Section 19, T3N,R66W, or the SE1/4 of the SE1/4 of Sec-tion 24, T3N, R67W, or the E1/2 of Sec-tion 25, T3N, R67W, of the 6th PM, WeldCounty, Colorado. From the point of dis-charge, the water may be exchanged up-stream to the United No. 3 Diversion orBurlington Canal headgate. The Applic-ants do not seek approval of an ex-change in this Second Amended Applica-tion. United holds an easement over theproperty on which the St. Vrain PipelineDiversion structure will be constructed.The owners of the underlying property arethe Elverna Burchfield Trustee and SherryRose, 221 West Platte Avenue, Fort Mor-gan, CO 80701. The Department of Trans-portation, State of Colorado, 4201 EastArkansas Ave., Denver, CO 80222, mayalso own a parcel of property on which thediversion structure may be located. 13.Location of Delivery of Sources of Substi-tute Supply. ACWWA will replace its out-of-priority depletions by delivering its sub-stitute supply water from the sources de-scribed in paragraph 9 of this SecondAmended Application as necessary to pre-vent injury to other water rights pursuantto and from the locations decreed in para-graph 16.3 of the 404/442 Decree andclaimed in this Second Amended Applica-tion. 14. Determination of Out-of-PriorityDepletions and Replacement Obligations.The determination of out-of-priority deple-tions and replacement obligations will bemade pursuant to and in compliance withthe terms and conditions set forth in the403 and 404/442 Decrees, including butnot limited to the augmentation require-ments, lagged well depletions, historicalreturn flow obligations, and transit losseson the sources of substitute supply. 15.Depletion and Substitute Water SupplyProjections. The Applicants will make pro-jections of their annual depletions from theECCV Well Field, the historical return flowobligations, and the projected supplies ofreplacement water pursuant to and incompliance with the terms and conditionsof the 403 and 404/442 Decrees including,but not limited to paragraphs 16, 18.3, 28and 53 of the 403 Decree and para-graphs 17, 68 and 105 of the 404/442 De-cree. 16. Accounting and Reporting. Ap-plicants will make an accounting of theplan for augmentation and make reports tothe Division Engineer pursuant to theterms and conditions of the 403 and404/442 Decrees including, but not lim-ited to paragraph 105 of the 404/442 De-cree. Application to Amend the 70 RanchAugmentation Plan and the 70 Ranch Re-charge Project. 17. General Descriptionof the Incorporation of ACWWA in the 70Ranch Augmentation Plan. Applicantsseek approval to incorporate ACWWA in-to the 70 Ranch Augmentation Plan setforth in the 404/442 Decree as amendedby this Application. ACWWA may pumpwater from the wells on the 70 Ranch fordelivery to ACWWA’s service area.ACWWA will replace its out-of-priority de-pletions from the wells on the 70 Ranchand its historical return flow obligationsfrom its changed water rights in time, loca-tion, and amount, as required by the termsand conditions in the 404/442 Decree andas may be decreed in th is case.ACWWA’s sources of substitute supplyare described in paragraphs 9 and 31 ofthis Second Amended Application. Applic-ants will make projections and account forthe depletions associated with ACWWA’suse of the wells on the 70 Ranch, the his-torical return flow obligations associatedwith ACWWA’s changed water rights asthey are added to the 70 Ranch Augment-ation Plan, and projected supplies of re-placement water as required by the termsand conditions in the 404/442 Decree andas may be decreed in this case. A map ofthe 70 Ranch was attached to the originalapplication in this case as Exhibit 5, whichis incorporated into this Second AmendedApplication. 18. Augmented Structures tobe Utilized by ACWWA. 18.1. ACWWAmay use the three (3) wells included in theUnited Diversion Facility No. 2 Wells, ap-proved and described in paragraph 24.2of the 404/442 Decree as follows: (a) WellNo. 1, is to be located 601.5 feet from theEast line of the SE1/4 and 1062.7 feetfrom the South line of the SE1/4 in Sec-tion 34; (b) Well No. 3, is to be locatedwithin 100 feet of the following location:1382.4 feet from the East line of the SE1/4and 1995.5 feet from the South line of theSE1/4 in Section 34; (c) Well No. 4, is tobe located within 100 feet of the followinglocation: 1896.6. feet from the East line ofthe SE1/4 and 2454.1 feet from the Southline of the SE1/4, in Section 34, all in T5N,R63W of the 6th PM, Weld County, Color-ado; and (d) any additional wells that mayin the future be decreed as part of theUnited Diversion Facility No. 2 Wells. The70 Ranch LLC, 8301 East Prentice Aven-ue #100, Greenwood Village, Colorado80111, is the fee owner of the land onwhich the United Diversion Facility No. 2Wells are or will be located. 19. WellsAdded to the 404/442 Decree. As re-quired by paragraph 26 of the 404/442Decree, the Applicants seek to add the fol-lowing wells to the 70 Ranch Augmenta-tion Plan (“Added Wells”). The AddedWells shall be operated and used for thebenefit of the Applicants, and the out-of-priority depletions shall be replaced onterms and conditions at least as restrict-ive as the 70 Ranch Augmentation Plandecreed in Case Nos. 02CW404 and03CW442. 70 Ranch LLC owns the landson which the Added Wells will be con-structed. 19.1. The Applicants are addingeight (8) wells to the 70 Ranch Augmenta-tion Plan. The Added Wells are located ina well field (referred to as United Diver-sion Facility No. 6) to be constructed onthe 70 Ranch on the south side of theSouth Platte River in the S1/2 of Section34, T5N, R63W, N1/2 of Section 3, T4N,R63W, NE1/4 of the NE1/4 of Section 4,T4N, R63W, and the N1/2 of Section 33,T5N, R63W all in the 6th PM, WeldCounty, Colorado. 19.2. All out-of-prior-ity depletions that result from pumping theAdded Wells will be replaced in time, loca-tion, and amount, from the sources of sub-stitute supply listed in paragraph 9 above,as required by the terms and conditionsset forth in the 404/442 Decree. Underthe 70 Ranch Augmentation Plan, the out-of-priority depletions resulting from thepumping of wells on the 70 Ranch are re-placed when those depletions are legallyrequired at the South Platte River to pre-vent injury to downstream calling seniorwater rights. 20. Replacement Sourcesfor the Wells Added to the 404/442 De-cree. In addition to the sources of substi-tute supply described in paragraph 25 ofthe 404/442 Decree, the water rights de-scribed in paragraph 9 of this SecondAmended Application will be added asthey are changed for use as sources ofsubstitute supply in the 70 Ranch Aug-mentation Plan, pursuant to and in compli-ance with paragraph 25.6 of the 404/442Decree. The Currently Owned But Un-changed Water Sources and Future Ac-quired Water Sources will not be includedin the 70 Augmentation Plan until the Ap-plicants complete the ditch or irrigationcompany’s lawful requirements and pro-cedures, if any, regarding approval of achange of water right, and comply with theterms and conditions for adding newsources of supply set forth in paragraph25.6.1 of the 404/442 Decree. The Applic-ants also seek to use the conditional wa-ter right for United Diversion Facility No. 6as described in paragraph 31 of thisSecond Amended Application as a sourceof substitute supply. 21. Location of De-livery of Sources of Substitute Supply.The Applicants will replace the out-of-pri-ority depletions by delivering their substi-tute supply water from the sources de-scribed in paragraph 9 of this SecondAmended Application, at or above the call-ing senior water right on the South PlatteRiver. 22. Determination of Out-of-Prior-ity Depletions and Replacement Obliga-tions. The determination of out-of-prioritydepletions and replacement shall be asset forth in paragraph 31.2 of the 404/442Decree, including but not limited to theaugmentation requirements, lagged welldepletions, historical return flow obliga-tions, and transit losses on the sources ofsubstitute supply. 23. Depletion and Sub-stitute Water Supply Projections. The Ap-plicants will make projections and ac-count for the depletions from ACWWA’suse of United Diversion Facility No. 2Wells, the historical return flow obliga-tions from ACWWA’s changed waterrights used as a source of substitute sup-ply, and projected supplies of replace-ment water pursuant to and in compliancewith paragraphs 32, 68 and 105 of the404/442 Decree. The Applicants shallmake projections and account for the de-pletions from the Added Wells on termsand conditions no less restrictive thanthose set forth in paragraphs 32, 68 and105 of the 404/442 Decree. 24. Account-ing and Reporting. The Applicants willmake an accounting of the plan for aug-mentation and make reports to the Divi-sion Engineer pursuant to the terms andconditions of the 404/442 Decree includ-ing, but not limited to, paragraph 105 ofthat Decree. 25. General Description ofthe Incorporation of ACWWA in the 70Ranch Recharge Plan. The Applicantsseek to incorporate ACWWA into the 70Ranch Recharge Project as set forth in the404/442 Decree. ACWWA may divert itsfully consumable water sources addedpursuant to the terms and conditions asmay be decreed in this case through thediversion or delivery structures as statedin paragraph 37 of the 404/442 Decree.ACWWA may also deliver its fully con-sumable water sources to the canals andrecharge ponds as stated in paragraph 35of the 404/442 Decree and/or through thewells included in the 70 Ranch Augmenta-tion Plan as amended by this application.Such deliveries will result in accretions tothe alluvial aquifer underlying the 70Ranch. ACWWA seeks to recharge up to3,600 acre-feet per year, as long as thetotal amount of water recharged by ECCVand ACWWA does not exceed 3,600 acre-feet per year. ACWWA may, subject tothe terms and conditions decreed in the404/442 Decrees and as may be decreedin this case, use its recharge accretions toaugment its out-of-priority depletions fromthe ACWWA/ECCV Well Field, the out-of-priority depletions from the wells in the 70Ranch Augmentation Plan, and to replacehistorical return flows from its changedwater rights. 25.1. 70 Ranch RechargePonds. ACWWA’s fully consumable wa-ter supplies, described in paragraph 9 ofthis Second Amended Application, may bediverted through the diversion and deliv-ery structures described in paragraph 37of the 404/442 Decree as follows: (a)United Diversion Facility No. 1, theheadgate will be located at the existingheadgate for the Riverside Intake Canalon the north bank of the South PlatteRiver in the SW1/4 of the SW1/4 of Sec-tion 20, T5N, R63W of the 6th PM, WeldCounty, Colorado. Absent an agreementwith the Riverside Irrigation District, theheadgate will be located on the north bankof the South Platte River in the S1/2 of theSW1/4 of Section 20, T5N, R63W of the6th PM, Weld County, Colorado betweenthe headgate of the Riverside IntakeCanal and the west section line of Section20, T5N, R63W of the 6th PM, at a loca-tion to be established within that reach,approximately 200 yards in extent; (b)United Diversion Facility No. 2, describedabove in paragraph 18.1; (c) United Diver-sion Facility No. 4, consisting of the three(3) NFC Wells, No.1, located in the SE1/4of the NE1/4 of Section 35, T5N, R63W,No. 3, located in the NE1/4 of the SE1/4 ofSection 35, T5N, R63W, and No. 4, loc-ated in the NE1/4 of the NE1/4 of Section7, T4N, R62W, all in the 6th PM, WeldCounty, Colorado; and (d) the AddedWells claimed in paragraph 31 of thisSecond Amended Application, and de-livered to the recharge facilities describedbelow in paragraph 25.2. Deliveries to therecharge structures will result in accre-tions to the South Platte River, and aredepicted by decreed reaches as shown onExhibit 3 to the 404/442 Decree, which isattached to this Second Amended Applic-ation as Exhibit 11. 25.2. Annual Maxim-um Volumetric Limit on Deliveries to Re-charge Ponds. In paragraph 36 of the404/442 Decree, recharge on the 70Ranch was limited to 3,600 acre-feet an-nually through recharge ponds and canalsthat are depicted on the map attached asExhibit 5 to the 404/442 Decree and arelocated as follows: (a) Pond 4/5, locatedin the NE1/4 and SE1/4 of Section 1, T4N,R63W of the 6th PM in Weld County, Col-orado; (b) Pond 8a, located in the SW1/4of Section 25, T5N, R63W of the 6th PMand the NE1/4 of Section 35, T5N, R63Wof the 6th PM in Weld County, Colorado;(c) Ponds 8b and 8c, located in Section25, T5N, R63W of the 6th PM in WeldCounty, Colorado; (d) Pond 9a, located inthe SE1/4 of Section 31, T5N, R62W ofthe 6th PM and Section 5, T4N, R62W ofthe 6th PM in Weld County, Colorado; (e)Pond 11a, located in NE1/4 of Section 24,T5N, R63W of the 6th PM, the E1/2 ofSection 13, T5N, R63W of the 6th PM,NW1/4 of Section 19, T5N, R62W of the6th PM, and the W1/2 of Section 18, T5N,R62W of the 6th PM in Weld County, Col-orado; (f) Pond 11b, located in NE1/4 ofSection 24, T5N, R63W of 6th PM and theW1/2 of the W1/2 of Section 19, T5N,R62W of the 6th PM; and (g) CanalsBetween Recharge Ponds, conveyancecanals may be constructed from Pond 11bto Pond 8c, from Pond 8a to Pond 4/5,and from Pond 8a to Pond 9a. Applic-ants seek to allow ACWWA to share in the3,600 acre-feet of recharge previously ap-proved in the 404/442 Decree through thefacilities listed in this paragraph. ACWWAwill use its recharge accretions to aug-ment its out-of-priority depletions from theECCV/ACWWA Well Field, the United Di-version No. 2 Wells decreed in the404/442 Case, the historical return flowobligations associated with their changedwater rights, and the out-of-priority deple-tions from the Added Wells claimed inparagraphs 19 and 31 of this SecondAmended Application. 26. No Addition orModification of Recharge Ponds. In thisSecond Amended Application, the Applic-ants do not seek to add to or modify thedecreed recharge ponds or conveyancecanals at the 70 Ranch described in para-graph 35 of the 404/442 Decree. 27. Useof Recharge Credits/Accretions. The Ap-plicants shall use their recharge accre-tions to augment out-of-priority depletionsfrom the ACWWA/ECCV Well Field andwells augmented under the 70 RanchAugmentation Plan, including the wells ad-ded by this Second Amended Application,to replace return flows from the Applic-ants’ changed water rights by direct use,exchange or substitution in accordancewith the terms of the 404/442 Decree andthe applications in Consolidated CaseNos. 11CW285, 09CW283 and 07CW335,the decree entered in this case, and/or fu-ture decrees benefiting the Applicantsentered by the Water Court. 28. Account-ing and Reporting. Applicants will makean accounting of the plan for augmenta-tion and make reports to the Division En-gineer pursuant to the terms and condi-tions of the 404/442 Decree including, butnot limited to paragraph 105 of that De-cree. 29. Withdrawal of Additional Re-charge Claims. The claims for the 70Ranch Recharge Collection Pipeline andan increase in recharge on the 70 Ranch,which were set forth in paragraphs 27-32of the First Amended Application, are with-drawn in their entirety. 30. TH RanchAgreements. The construction and opera-tion of the 70 Ranch Recharge Project, asamended by this Second Amended Ap-plication, will be in compliance with allterms and conditions set forth in the Ap-plicants’ agreements with TH Ranch, in-cluding the following: a) Stipulationbetween United, ECCV, FRICO and THRanch, Case Nos. 02CW404 and03CW442, District Court, Water DivisionNo. 1, dated April 13, 2011; b) Grant ofDrain and Pipeline Easement – Covenantand Agreement by TH Ranch, dated Au-gust 17, 2011; and c) Access LicenseAgreement between TH Ranch andUnited, dated August 18, 2011. Applica-tion for a Conditional Water Right – UnitedDiversion Facility No. 6. 31. Claim forConditional Water Right. The Applicantsclaim a conditional water right for the Ad-ded Wells described in paragraph 19 asfollows: 31.1. Priority Date: October 28,2011. 31.2. How appropriation was initi-ated: By the preliminary location of wellsites on the 70 Ranch and filing of theFirst Amended Application. 31.3. DateWater Applied to Beneficial Use: Not ap-plicable – conditional water right. 31.4.Uses or proposed uses: The water with-drawn through these wells will be used forthe following purposes: agricultural, irriga-tion and municipal uses including, but notlimited to, agricultural irrigation, domestic,mechanical, manufacturing, commercial,industrial, fire protection, sewage treat-ment, street sprinkling, irrigation of parks,lawns, and grounds, exchange, augment-ation and replacement, substitute supply,groundwater recharge, streamflow en-hancement, adjustment and regulation ofwater supply, including exchange with oth-er water systems and other water users,including agricultural and other waterrights appropriators, and for all other be-neficial uses within the ECCV andACWWA service areas, as they now existor may exist in the future. Application forACWWA’S Use of the Conditional WaterRights Decreed in the 404/442 Decree.32. ACWWA’s Use of the ECCV OneTime Diversion Conditional Surface Right.Applicants seeks approval of ACWWA’suse of the conditional water right decreedin paragraph 47 of the 404/442 Decree.The Applicants seek approval of the useof the conditional water right to provideboth ACWWA and ECCV with 6,000 acre-feet of water for delivery to the BeebeDraw Recharge Project facilities, the 70Ranch Recharge Project facilities, Gil-crest Reservoir, United Reservoir No. 3,Milton Lake, and/or Barr Lake. Followingthe diversion of 6,000 acre-feet any one orcombination of the structures listed inparagraph 47 of the 404/442 Decree, theconditional water right shall automaticallyexpire and be of no further force and ef-fect. Applicants shall measure diversionsfor the ECCV One Time Diversion Condi-tional Surface Rights at the diversionstructures identified in paragraph 47.2 ofthe 404/442 Decree and shall account forsuch diversions on a daily basis and re-port to the Division Engineer on a monthlybasis. Applicants shall file a notice of ex-piration promptly following completion ofsuch fill, setting forth the dates and loca-tions of such fill. 33. ACWWA’s Use ofthe Milton Lake 2003 Storage Right. Ap-plicants seek the approval of ACWWA’suse of the Milton Lake 2003 Storage Rightdecreed in paragraph 48 of the 404/442Decree. The Milton Lake 2003 StorageRight will not exceed 5,000 acre-feet dur-ing each water storage year, which shallbe November 1 through October 31.ACWWA’s use of the Milton Lake 2003Storage Right is for augmentation and re-placement of depletions associated withpumping from the ACWWA/ECCV WellField. 33.1. Incorporation of ACWWA inthe Plan for Augmentation for the MiltonLake 2003 Storage Right. The Applicantsseek to incorporate ACWWA into the aug-mentation plan decreed at paragraphs 49to 52 of the 404/442 Decree for the MiltonLake 2003 Storage Right. 33.2. Reserva-tion of Issues Related to Milton Lake. Al-though a dispute exists among someparties, the Applicants are not seeking tolitigate in this matter the issue of whetherMilton Lake is entitled to inflows fromBeebe Draw under its decreed 1909 wa-ter right. All parties subject to the 404/442Decree and a decree entered in this case,or affected thereby reserve the right to as-sert their factual and legal positions onthat matter in the future and those de-crees shall not give rise to any argument,claim, defense or theory of acquiescence,waiver, bar, merger, stare decisis, res ju-dicata, estoppel, laches, or preclusion, byor against any of the parties on that issue.Accordingly, in the future any party maylitigate the issue of whether Milton Lake isentitled to inflows from Beebe Draw underits 1909 Milton Storage Right. 34. Ex-cess Credit. Subject to the limitations de-scribed herein, any fully consumable wa-ter or augmentation credits or rechargecredits not used by the Applicants for theuses and purposes set forth in thisSecond Amended Application that are re-turned to the South Platte River or its allu-vium may be re-diverted at any of the di-version points set forth in the SecondAmended Application and used for pur-poses decreed in this case, Case No.02CW403, Case Nos. 02CW404 and03CW442, decrees issued in Consolid-ated Case Nos. 11CW285, 09CW283 and07CW335, and future decrees obtained bythe Applicants. 35. General LocationMap. A map generally showing the rela-tionship of the area encompassed by theclaims in this Second Amended Applica-tion was attached as Exhibit 6 to the ori-ginal application in this case and is incor-porated into this Second Amended Applic-ation. 36. Landowner Information. Useof the facilities owned by the Riverside Ir-rigation District/Riverside Reservoir andLand Company, the Henrylyn IrrigationDistrict, Gilcrest LLC, the Platte Valley Ir-rigation Company, the Public ServiceCompany, the City of Longmont, the Uni-on Reservoir Company, the Cache laPoudre Irrigating Company, and the use ofState land administered by the ColoradoDivision of Parks and Wildlife and theState Land Board, will only be by agree-ment with those entities, pursuant to theApplicants’ request for permission to usethose facilities. Facilities owned and oper-ated by FRICO or United are included withthe permission of and pursuant to variousagreements with and between FRICO andUnited, and may require further agree-ment between the Applicants and FRICO.37. Discrepancies. In the event there isany discrepancy between the descriptionof the points of diversion, storage facilities,or water rights described in this SecondAmended Application and the terms of anyrespective decrees, the decrees are con-trolling. Any person reading this SecondAmended Application should rely uponthese descriptions for purposes of inquirynotice only, and should rely upon theterms of any respective decrees adjudicat-ing the water rights and structures whenevaluating the claims made in this SecondAmended Application.





Arapahoe County Water AndWastewater Authority (“ACWWA”), c/oGary Atkin, General Manager, 13031 EastCaley Avenue, Centennial, Colorado80111; United Water and Sanitation Dis-trict acting directly and by and through theUnited Water and Sanitation DistrictACWWA Enterprise (“United”), c/o RobertLembke, 8301 East Prentice Avenue#100, Greenwood Village, Colorado80111; and East Cherry Creek Valley Wa-ter and Sanitation District, acting directlyand by and through the East Cherry CreekValley Water and Sanitation District Wa-ter Activity Enterprise, Inc. (“ECCV”), c/oDavid Kaunisto, District Manager, 6201South Gun Club Road, Aurora, Colorado80016. SECOND AMENDED APPLICA-TION FOR APPROVAL OF ADDITIONALUSER IN THE PLANS FOR AUGMENTA-TION AND RECHARGE PROJECTS DE-CREED IN CASE NOS. 02CW403,02CW404, AND 03CW442; TO AMENDTHE PLANS FOR AUGMENTATION ANDRECHARGE PROJECTS DECREED INCASE NOS. 02CW403, 02CW404, AND03CW442; AND FOR CONDITIONAL WA-TER RIGHTS, IN ADAMS, ARAPAHOE,DENVER, DOUGLAS, ELBERT, MOR-GAN AND WELD COUNTIES. 1. Theabove listed parties will be collectively re-ferred to as the “Applicants.” Please sendall pleadings and correspondence to: Bri-an M. Nazarenus, Esq., Sheela S. Stack,Esq., Susan M. Ryan, Esq., Ryley Car-lock & Applewhite, 1700 Lincoln, Suite3500, Denver, Colorado 80203, (Attor-neys for ACWWA); Tod J. Smith, Esq.,The Law Office of Tod J. Smith, 1007Pearl Street, Suite 220, Boulder, Color-ado 80302, Scott B. McElroy, Esq., AliceE. Walker, Esq., Daniel E. Steuer, Esq.,Gregg H. DeBie, Esq., McElroy, Meyer,Walker & Condon, P.C., 1007 PearlStreet, Suite 220, Boulder, Colorado80302, (Attorneys for United); William B.Tourtillott, Esq., Brian M. Nazarenus,Esq., Sheela S. Stack, Esq., Susan M. Ry-an, Esq., Ryley Carlock & Applewhite,1700 Lincoln, Suite 3500, Denver, Color-ado 80203, (Attorneys for ECCV). 2. In-troduction. By this Second Amended Ap-plication (also referred to as the “Applica-tion”), ACWWA, ECCV, and United seekto amend the plans for augmentation andrecharge projects decreed in Case Nos.02CW403 (“403 Decree”), 02CW404 and03CW442 (“404/442 Decree”), to addACWWA to certain portions of those De-crees, and for the approval of a condition-al water right. The Applicants are notseeking to replace the 403 Decree or the404/442 Decree, but instead to amendthose decrees to include additional wells,recharge ponds, and water rights. ThisApplication also seeks to amend the plansfor augmentation, recharge projects, andconditional water rights decreed in CaseNos. 02CW403, 02CW404 and 03CW442to include ACWWA.3. Background and Description of Applic-ants’ Prior Decrees. 3.1. Background.The Water Supply Project, or the North-ern Project, is an integrated system for thediversion, accretion, collection, storage,transmission, and treatment of waterrights that was originally designed toprovide ECCV with a long-term, sustain-able municipal water supply for its servicearea. In order to implement the WaterSupply Project, ECCV, United, and theFarmers Reservoir and Irrigation Com-pany (“FRICO”) entered into a Water Sup-ply Agreement, dated December 18, 2003,which was amended in May 2007. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-mental Agreement (“IGA”) to provide forACWWA’s participation with ECCV andUnited in the Water Supply Project. TheWater Supply Project is now designed toprovide ECCV and ACWWA with a long-term, sustainable municipal water supplyfor their respective service areas locatedin Arapahoe and Douglas Counties, Color-ado. Maps of ECCV’s and ACWWA’s ser-vice areas were attached to the originalapplication in this case as Exhibit 1 andExhibit 2, respectively, which are incorpor-ated into this Second Amended Applica-tion. 3.2. Decreed Components of theWater Supply Project. The Water Courthas previously decreed various compon-ents of the Water Supply Project for EC-CV and United’s use: 3.2.1. Case No.02CW403. The Water Court approved aplan for augmentation (“ACWWA/ECCVAugmentation Plan”) (by this Application,the ECCV Augmentation Plan for ECCV’sUpper Beebe Draw well field defined inthe 403 Decree is redefined as theACWWA/ECCV Augmentation Plan) forECCV’s Upper Beebe Draw wellfield(“ACWWA/ECCV Well Field”), (by this Ap-plication, the ECCV Well Field defined inthe 403 Decree is redefined as theACWWA/ECCV Well Field), as describedin paragraph 15.1 of the 403 Decree. TheACWWA/ECCV Augmentation Plan al-lowed for the future addition of wells to theaugmentation plan and for the use of addi-tional sources of substitute supply to re-place the out-of-priority depletions result-ing from pumping the ACWWA/ECCVWell Field. 3.2.2. Case Nos. 02CW404and 03CW442. The Water Court ap-proved the addition of six (6) wells to theACWWA/ECCV Well Field, additionalsources of replacement water to theACWWA/ECCV Augmentation Plan, and arecharge project in the Beebe Draw (the“Beebe Draw Recharge Project”). TheWater Court also approved a plan for aug-mentation to replace the out-of-priority de-pletions created by the pumping of wellslocated on 70 Ranch (“70 Ranch Aug-mentation Plan”) and a recharge projecton the 70 Ranch (“70 Ranch RechargeProject”). Finally, the Water Court ap-proved a one-time diversion conditionalsurface water right, a Milton Lake 2003Storage Right, a Plan for Augmentation forthe Milton Lake 2003 Storage Right, aright of substitution, and an appropriativeright of exchange. The 403 and 404/442Decrees were attached to the FirstAmended Application as Exhibits 7 and 8respectively, which are incorporated intothis Second Amended Application. 4.Claims in the Original and First AmendedApplications. The claims in the originalapplication in this case to include ACWWAas an end user in the Water SupplyProject mirrored the claims pled in theamended applications in the 404/442Case. As a result of negotiations with op-posers and three separate motions to dis-miss claims, the 404/442 Decree was sig-nificantly different from the amended ap-plications in those cases. As part of thenegotiations, for example, the Applicantswithdrew their claims for conjunctive useprojects in the Beebe Draw and the 70Ranch alluvial aquifers, and their claimsrelated to the Lower Beebe Draw wellfield.ACWWA was not an end user of water un-der the 404/442 Decree. Therefore, theApplicants sought in the First AmendedApplication to incorporate ACWWA intothe Water Supply Project as it was setforth in the 404/442 Decree, and to addcomponents consistent with the require-ments in that Decree. The Applicantswithdrew their claims related to: a) theconjunctive use projects in the BeebeDraw and 70 Ranch alluvial aquifers; andb) the Lower Beebe Draw Well Field. TheApplicants also: a) included ACWWA inthe Beebe Draw Recharge Project, andthe 70 Ranch Augmentation Plan and Re-charge Project; b) added wells to the 70Ranch Augmentation Plan with a claim fora conditional water right for those wells;and c) added the 70 Ranch Recharge Col-lection Pipeline and additional amounts ofrecharge water to the 70 Ranch Re-charge Project. 5. Purpose of the SecondAmended Application. In this SecondAmended Application, the Applicants seekto: a) amend the ACWWA/ECCV Aug-mentation Plan decreed in Case No.02CW403 to add five (5) wells, to estab-lish priority dates for the ACWWA/ECCVWell Field, to add additional sources of re-placement water to the ACWWA/ECCVAugmentation Plan; b) amend the BeebeDraw Recharge Project decreed in CaseNos. 02CW404 and 03CW442 to add a re-charge pond; c) amend the 70 RanchAugmentation Plan decreed in Case Nos.02CW404 and 03CW442 to add eight (8)wells to the 70 Ranch Augmentation Plan;d ) i nco rpo ra te ACWWA in to theACWWA/ECCV Augmentation Plan de-creed in Case No. 02CW403 as amendedby the 404/442 Decree and this Applica-tion; e) incorporate ACWWA into theBeebe Draw Recharge Project decreed inCase Nos. 02CW404 and 03CW442 asamended by this Application; f) incorpor-ate ACWWA into the 70 Ranch Augment-at ion Plan decreed in Case Nos.02CW404 and 03CW442 as amended bythis Application; g) incorporate ACWWAinto the 70 Ranch Recharge Project de-creed in Case Nos. 02CW404 and03CW442 as amended by this Application;h) add ACWWA as an end user of theconditional water rights decreed in CaseNos. 02CW404 and 03CW442; i) approvea conditional water right for the United Di-version Facility No. 6 located on the 70Ranch; and j) add storage facilities fromwhich the Applicants may deliver replace-ment water to replace out-of-priority deple-tions and winter return flow obligations.Additionally, the prior applications de-scribed ACWWA’s service area as beinglocated in Arapahoe County. ACWWA’sservice area also includes areas inDouglas County as depicted on the mapattached as Exhibit 2 to the original applic-ation, which is incorporated into thisSecond Amended Application, and Applic-ants include Douglas County in the de-scription of ACWWA’s service area. Inthis case, the Applicants do not seek toadjudicate ACWWA as a user of the ap-propriative rights of exchange, or right ofsubstitution decreed in the 404/442 De-cree. An application to adjudicate ex-changes related to ACWWA’s participa-tion in the Water Supply Project is pendingin Case No. 09CW283. This SecondAmended Application supersedes and re-places the original application filed onDecember 29, 2010, and the FirstAmended Application filed on October 28,2011. Appl icat ion to Amend theACWWA/ECCV Augmentation Plan. 6.General Description. The Applicants seekapproval of ACWWA’s incorporation intothe ACWWA/ECCV Augmentation Planapproved in the 403 Decree as amendedby the 404/442 Decree for the pumping ofthe ACWWA/ECCV Wel l F ie ld forACWWA’s benefit, and delivery of that wa-ter to ACWWA’s service area. The Applic-ants also seek to amend the ACWWA/EC-CV Augmentation Plan to add new wells,establish priority dates, and to addsources of substitute supply. 7. Augmen-ted Structures to be Utilized by ACWWAand ECCV. The ACWWA/ECCV WellField currently includes a total of twelve(12) wells. The ACWWA/ECCV Well Fieldis located in the Beebe Draw. United isthe fee owner of the land on which thewells are located. 7.1. List of CurrentlyDecreed Wells. 7.1.1. The 403 Decreeapproved a plan for augmentation for six(6) of the wells in the ACWWA/ECCV WellField. Copies of the well permits were at-tached to the original application in thiscase as Exhibit 3, which is incorporatedinto this Second Amended Application.The legal descriptions of the six (6) wellsare also found in Appendices 4 and 7 tothe 403 Decree. The six (6) wells are alllocated in T1S, R66W of the 6th PM,Adams County, Colorado, as follows: P-6(Well Permit No. 64478-F) located in theSE1/4 of the SW1/4 of Section 1; E-7A(Well Permit No. 64477-F) located in theSW1/4 of the SW1/4 of Section 1; P-8(Well Permit No. 64476-F) located in theNW1/4 of the NW1/4 of Section 12; P-11(Well Permit No. 64475-F) located in theSW1/4 of the SW1/4 of Section 12; P-12(Well Permit No. 64473-F) located in theSW1/4 of the NW1/4 of Section 12; and P-13 (Well Permit No. 64474-F) located inthe SE1/4 of the NE1/4 of Section 11.7.1.2. In the 404/442 Case, the WaterCourt approved adding six (6) wells to theAugmentation Plan approved in the 403Decree. These wells were originally mon-itoring wells. The permits for the monitor-ing wells were attached to the original ap-plication in this case as Exhibit 4, which isincorporated into this Second AmendedApplication. They have now been conver-ted to production wells. The wells areequipped with totalizing flow meters andare identified as Well Permit Nos. 75063-Fthrough 75068-F, copies of which were at-tached to the First Amended Applicationas Exhibit 9, which is incorporated into thisSecond Amended Application. The sixwells are located in the Beebe Draw all inT1S, R66W of the 6th PM, Adams County,Colorado, as follows: P-2 (Well PermitNo. 75063) located in the NE1/4 of theNE1/4 of Section 1; P-3 (Well Permit No.75064) located in the SE1/4 of the NE1/4of Section 1; P-4 (Well Permit No. 75065)located in the NW1/4 of the SE1/4 of Sec-tion 1; P-5 (Well Permit No. 75066) loc-ated in the NE1/4 of the SW1/4 of Section1; P-15 (Well Permit No. 75067) located inthe SW1/4 of the NE1/4 of Section 1; andP-18 (Well Permit No. 75068) located inthe NE1/4 of the NE1/4 of Section 1.United is the fee owner of the land onwhich they are located. Legal descrip-tions of the well locations are also found inparagraph 14.1 of the 404/442 Decree, aswell as in the permits attached to the ori-ginal Application as Exhibit 4, which is in-corporated into this Second Amended Ap-plication. 7.1.3. Priority Dates Added tothe Currently Decreed Wells. The Applic-ants did not previously claim priority datesfor the wells in the ACWWA/ECCV WellField. The Applicants claim the followingpriority dates for the previously decreedwells: 7.1.3.1. For the six (6) wells ap-proved in the 403 Decree, described inparagraph 7.1.1. above, a priority date ofAugust 31, 2005, the date by which waterwas pumped from the wells and deliveredvia the Northern Pipeline to ECCV’s ser-vice area. 7.1.3.2. For the six (6) wellsapproved in the 404/442 Decree, de-scribed in paragraph 7.1.2. above, a prior-ity date of April 15, 2011, the date the404/442 Decree was entered by the Wa-ter Court. 7.2. Wells Added to the 403Decree. The Applicants seek to add five(5) new wells to the ACWWA/ECCV WellField (“New Wells”). As required by para-graph 20 of the 403 Decree, this claimconstitutes an application for a change ofwater right. The New Wells will be used towithdraw water from the Beebe Draw fordelivery to the ECCV Reverse OsmosisP l a n t , i n c o m p l i a n c e w i t h t h eACWWA/ECCV Augmentation Plan ap-proved in the 403 Decree, as amended bythe 404/442 Decree and a decree enteredin this case. The wells will be located asfollows: 7.2.1. Well No. E-1 located in theSW1/4 of the NE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.2. Well No. P-14 located in theNE1/4 of the SE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.3. Well No. P-19 located inthe NE1/4 of the SE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.4. Well No. P-20 located in theNW1/4 of the SE1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.5. Well No. P-21 located in theSE1/4 of the SW1/4 of Section 1, T1S,R66W of the 6th PM, Adams County, Col-orado. 7.2.6. Priority Date: For the five(5) wells described above, a priority dateof May 31, 2013, the date on which thisSecond Amended Application was filedwith the Water Court. 7.2.7. United is thegrantee of perpetual easements for WellNos. E-1, P-19, P-20 and P-21 sites.United owns the site for Well No. P-14. 8.Inco rpo ra t i on o f ACWWA in theACWWA/ECCV Augmentation Plan. Thisapplication seeks to incorporate ACWWAinto the ACWWA/ECCV AugmentationPlan set forth in the 403 Decree asamended by the 404/442 Decree and bythis Application. This Application seeksapproval of ACWWA’s pumping from theACWWA/ECCV Well Field for delivery toits service area. ACWWA will replace itsout-of-pr ior i ty deplet ions from theACWWA/ECCV Well Field and its historic-al return flow obligations from its changedwater rights in time, location, and amount,as required by the terms and conditions inthe 403 and 404/442 Decrees and as maybe decreed in this case. ACWWA’ssources of substitute supply are de-scribed in paragraph 9 of this application.Applicants will make projections and ac-count for the depletions associated withACWWA’s use of the ACWWA/ECCV WellField, the historical return flow obligationsassociated with ACWWA’s changed wa-ter rights as they are added to theACWWA/ECCV Augmentation Plan, andprojected supplies of replacement wateras required by the terms and conditions inthe 403 and 404/442 Decrees and as maybe decreed in this case. 9. ReplacementSources for the ACWWA/ECCV Well FieldAdded to the 403 Decree. Pursuant to theprocedures for adding supplies to theACWWA/ECCV Augmentation Plan de-scribed in paragraph 19 of the 403 De-cree, Applicants will add the sources ofsubstitute supply listed below to replaceout-of-pr ior i ty deplet ions from theACWWA/ECCV Well Field, as thesesources are decreed for use in theACWWA/ECCV Augmentation Plan. Thesources listed below are in addition to thereplacement sources decreed in the 403and the 404/442 Decrees. The replace-ment sources include, but are not limitedto the following: 9.1. Pending Change inUse Cases. Applicants have filed applica-tions to change their shares in the Gree-ley I r r igat ion Company (Case No.06CW40), Weldon Valley Ditch Company(Case No. 11CW151/05CW58), the FultonIrrigating Ditch Company (Case No.10CW313), and the Farmers IndependentDitch Company (Case No. 12CW73), all ofwhich are pending in Water Division 1.The shares in the pending change in usecases may not be included in theACWWA/ECCV Augmentation Plan untilApplicants complete the ditch or irrigationcompany’s legally applicable require-ments and procedures, if any, regardingapproval of a change of water right, andcomply with the terms and conditions foradding new sources of supply to theACWWA/ECCV Augmentation Plan setforth in paragraph 19 of the 403 Decree.9.2 Currently Owned But Unchanged Wa-ter Sources and Future Acquired WaterSources. Applicants have acquired waterrights represented by shares in or the rightto use water associated with the WesternMutual Ditch Company, Lake Canal Com-pany, New Cache la Poudre IrrigatingCompany, Cache la Poudre ReservoirCompany, North Side Lateral Ditch Com-pany, Larimer and Weld Irrigation Com-pany, Larimer and Weld Reservoir Com-pany, Fort Morgan Reservoir and Irriga-tion Company, Fort Morgan Asset Man-agement, Inc., Fort Morgan Water Com-pany, Lucas Lateral Ditch Company, NewVon Gohen Lateral Ditch Company, OgilvyIrrigation and Land Company, Owl CreekSupply and Irrigation Company, PleasantValley Lateral Company, Whitney Irriga-tion Company, Windsor Reservoir andCanal Company, and Water Supply andStorage Company (“Currently Owned ButUnchanged Water Sources”). Applicantsmay also acquire additional water for useas a source of substitute supply in theACWWA/ECCV Augmentation Plan (“Fu-ture Acquired Water Sources”). Applica-tion to Amend the Beebe Draw RechargeProject 10. Incorporation of ACWWA inthe Beebe Draw Recharge Project. TheApplicants seek to incorporate ACWWAinto the Beebe Draw Recharge Project de-creed in paragraphs 19-22 of the 404/442Decree. Once changed in use, ACWWA’sfully consumable water supplies will be di-verted through the diversion and deliverystructures described in paragraph 21 ofthe 404/442 Decree and delivered to therecharge facilities described in paragraph20 of that Decree and a decree entered inthis case. Deliveries to the rechargestructures will result in accretions to theBeebe Draw above and below MiltonLake, to Box Elder Creek, and to theSouth Platte River, within the decreedreaches described in paragraph 17.1 anddepicted on Exhibit 3 to the 404/442 De-cree, and attached to this SecondAmended Application as Exhibit 11.ACWWA will use its recharge accretionsto augment its out-of-priority depletionsfrom the ACWWA/ECCV Well Field, re-place historical return flows from itschanged water rights and recharge theBeebe Draw aquifer in accordance withthe terms and conditions of the 403 and404/442 Decrees. 10.1. Recharge Loca-tions. 10.1.1. Delivery Canals. The Ap-plicants may recharge water into theBeebe Draw alluvial aquifer through theBarr Lake Delivery Canals decreed for re-charge and described in paragraph 20.1of the 404/442 Decree. The DeliveryCanals are located as follows: (a) Speer,the entire length of the Speer I Canal ex-tends from the NW1/4 of the NW1/4 of theNW1/4 of Section 13, T2N, R66W of the6th PM to Barr Lake, located in Section23, T1S, R66W, of the 6th PM, AdamsCounty, Colorado; (b) Bowles Seep, theentire length of the canal extends from theNE1/4 of the NE1/4 of the NE1/4 of Sec-tion 6, T1N, R65W of the 6th PM to theNW1/4 of the NE1/4 of the SW1/4 of Sec-tion 31, T1N, R65W of the 6th PM, AdamsCounty, Colorado; (c) East Burlington, theentire length of the canal extends from theSW1/4 of the SE1/4 of the NW1/4 of Sec-tion 28, T1N, R65W of the 6th PM to BarrLake, located in Section 23, T1S, R66W,6th PM, Adams County, Colorado; (d)West Burlington, the entire length of thecanal extends from the NE1/4 of theNW1/4 of the NE1/4 of Section 18, T1N,R65W of the 6th PM to Barr Lake, locatedin Section 23, T1S, R66W, of the 6th PM,Adams County, Colorado; (e) East Neres,the entire length of the canal extends fromthe NW1/4 of the SW1/4 of the SE1/4 ofSection 18, T4N, R64W of the 6th PM tothe NW1/4 of the SE1/4 of the NW1/4 ofSection 6, T3N, R64W of the 6th PM,Adams County, Colorado; and (f) Neres,the entire length of the canal extends fromthe NW1/4 of the NW1/4 of the SW1/4 ofSection 2, T1N, R65W of the 6th PM toBarr Lake, located in Section 23, T1S,R66W of the 6th PM, Adams County, Col-orado. 10.1.2. Recharge Ponds. The Ap-plicants may recharge water into theBeebe Draw alluvial aquifer through therecharge ponds decreed and described inparagraph 20.2 of the 404/442 Decree.The recharge ponds are located as fol-lows: (a) Moser, in the SE1/4 of Section7, T1N, R65W of the 6th PM, WeldCounty, Colorado. The Moser pond hasbeen constructed and is operational; (b)Tu, in the SE1/4 of Section 2, T1S, R66Wof the 6th PM, Adams County, Colorado.The Tu pond has been constructed and isoperational; (c) Mile High Lakes, in theSE1/4 of Section 1, T1S, R66W of the 6thPM and a parcel of land in the NW1/4 ofSection 12, T1S, R66W of the 6th PM,Adams County, Colorado; (d) Bromley, inthe NW1/4 of Section 14, T1S, R66W ofthe 6th PM, Weld County, Colorado; (e)Schupman, in the NW1/4 of Section 19,T1N, R65W of the 6th PM, Weld County,Colorado; (f) Pettinger East and West, inthe SE1/4 of Section 18, T1N, R65W ofthe 6th PM, Weld County, Colorado; (g)Artese, in the NE1/4 of Section 6, T1N,R65W of the 6th PM, Weld County, Color-ado; (h) Dechant, in the NW1/4 of Section28, T2N, R65W of the 6th PM, WeldCounty, Colorado; (i) Carlin, in the SW1/4of Section 19, T2N, R65W of the 6th PM,Weld County, Colorado; (j) Klug, in theNE1/4 of Section 12, T2N, R65W of the6th PM, Weld County, Colorado; and (k)Sater, in the NW1/4 of the SW1/4 of Sec-tion 13, T4N, R64W of the 6th PM, WeldCounty, Colorado. 10.1.3. RechargePond Added to the 404/442 Decree. Inaddition to the recharge ponds approvedin the 404/442 Decree, the Applicantsseek to add the DiSanti recharge pondwhich will be located in the SE1/4 of theSE1/4 of Section 11, T1S, R66W of the6th PM, Weld County, Colorado. Thispond is added pursuant to the require-ments of paragraph 22.2 of the 404/442Decree and ACWWA’s use of the pond isclaimed pursuant to this Second AmendedApplication. The land on which the DiS-anti recharge pond will be located isowned by United. 10.2. Diversion and De-livery Structures. The Applicants will di-vert and deliver their water rights into therecharge ponds described in paragraph10 of this Application, through the struc-tures and at the rates described in para-graph 21 of the 404/442 Decree. The Ap-plicants will only use these structures pur-suant to and in compliance with the termsand conditions of the 404/442 Decree,and any necessary agreements with theowners. The location of the structures isas follows: (a) Burlington Ditch (alsoknown as Burlington/O’Brian Canal), theheadgate is on the east bank of the SouthPlatte River in the NE1/4 of the SW1/4,Section 14, T3S, R68W of the 6th PM,City and County of Denver, Colorado; (b)Beebe Canal Diversion Structures, thirty-one (31) diversion structures constructedalong the entire length of the canal whichextends from Barr Lake, located in Sec-tion 23, T1S, R66W of the 6th PM, AdamsCounty, Colorado, to Milton Lake, locatednear the center of Section 22, T3N, R65Wof the 6th PM, Weld County, Colorado; (c)Metro Pump Station, the discharge of theMetro Pump Station to the BurlingtonCanal is in the NE1/4 of the NW1/4 ofSection 12, T3S, R68W of the 6th PM,Denver County, Colorado; (d) Platte Val-ley Canal (also known as the Evans No. 2Ditch), the headgate is on the east bank ofthe South Platte River in Section 19, T2N,R66W of the 6th PM, Weld County, Color-ado; (e) United Diversion Facility No. 3,the headgate is on the east bank of theSouth Platte River in the SW1/4 of Sec-tion 26, T1S, R67W of the 6th PM, AdamsCounty, Colorado; (f) Bowles Seep, de-scribed above in paragraph 10.1.1; (g)Speer, described above in paragraph10.1.1; (h) East Burlington, describedabove in paragraph 10.1.1; (i) West Burl-ington, described above in paragraph10.1.1; (j) Neres, described above in para-graph 10.1.1; and East Neres, describedabove in paragraph 10.1.1. 11. Locationof Delivery of Augmentation Water. Ap-plicants seek to replace the total out-of-priority depletions caused by the wells ad-ded by this application and ACWWA’s useof the ACWWA/ECCV Well Field by deliv-ering sources of substitute supply de-creed in Case Nos. 02CW403, 02CW404,and 03CW442 and the water rights de-scribed in paragraph 9 of this SecondAmended Application to the Beebe Drawor the South Platte River from the follow-ing locations; provided the water is cap-able of being delivered upstream of thecalling water right, including decreed ex-changes: (a) Barr Lake, an off-channelreservoir located in Sections 15, 21, 22,23, 26, 27, 28, and 33, T1S, R66W of the6th PM, Adams County, Colorado; (b)Milton Lake, an off-channel reservoir loc-ated in Sections 10, 11, 14, 15, 22, and23, T3N, R65W of the 6th PM, WeldCounty, Colorado; (c) United ReservoirNo. 3, an off-channel reservoir in the E1/2of Section 26, T1S, R67W of the 6th PM,Adams County, Colorado. The BeebePipeline extends three (3) miles from theUnited Reservoir No. 3 to the BurlingtonCanal immediately above Barr Lake; (d)Gilcrest Reservoir, an off-channel reser-voir located within a part of Section 2,T3N, R67W and sections 23, 26, 34, and35, T4N, R67W of the 6th PM, WeldCounty, Colorado; (e) 70 Ranch, which isdepicted on the map attached to the ori-ginal application as Exhibit 5 and incorpor-ated into this Second Amended Applica-tion; and (f) Recharge Accretions to theBeebe Draw from the recharge facilitieslisted in paragraph 10.1 above. The Ap-plicants will only use these structures pur-suant to and in compliance with the termsand conditions of the 404/442 Decree,and any necessary agreements with theowners. 11.1 In addition, the Applicantsseek to include two additional structuresfrom which they may deliver water to re-place return flow obligations and out-of-priority depletions: 11.1.1. Union Reser-voir. Union Reservoir, and any enlarge-ment thereof, is located in Sections 29,30, 31 and 32, T3N, R68W of the 6th PM,and upon parts of Sections 5 and 6, T2N,R68W of the 6th PM, Weld County, Color-ado. Union Reservoir receives waterthrough the Oligarchy Ditch the headgateof which is located on the North side of St.Vrain Creek in the SE1/4 of the NE1/4 ofSection 27, T3N, R70W of the 6th PM,Boulder County, Colorado, at a pointwhence the East quarter corner of saidSection 27 bears South 27°26’ East a dis-tance of 560 feet, more or less; the Eastline of the NE1/4 of said Section 27 asbearing North 0°32’42” West with all bear-ings relative thereto, and through a ditchfrom Spring Gulch, a tributary of St. VrainCreek, leading into the Reservoir. Otherconditional points of diversion for UnionReservoir are described in paragraph 9 ofthe February 19, 1991 Decree entered inCase No. 86CW394, District Court, WaterDivision No. 1. The Applicants have atemporary agreement with the City ofLongmont for use of fully consumable wa-ter owned by Longmont and stored in Uni-on Reservoir to meet the Applicants’winter return flow obligations. The Applic-ants intend to seek a long-term agree-ment with the City of Longmont on termssimilar to those in the temporary agree-ment. The Applicants do not and will notseek to store any water they own, wheth-er by exchange or direct diversion, in Uni-on Reservoir unless agreed to by Long-mont and the Reservoir’s owner. UnionReservoir is owned by the Union Reser-voir Company, 3005 West 29th Street,Suite G1, Greeley, Colorado 80631, mail-ing address: PO Box 445, Greeley, Color-ado 80632. 11.1.2. Cornish PlainsReservoir. Cornish Plains Reservoir is anoff-channel reservoir located within por-tions of the NW1/4 of the SE1/4, theSW1/4 of the SE1/4, and the SE1/4 of theSE1/4 of Section 5; the E1/2 of theNW1/4, the entire NE1/4, and the N1/2and the SE1/4 of the SE1/4 of Section 8;and the SW1/4 of the NW1/4 and theW1/2 of the SW1/4 of Section 9, all inT6N, R63W of the 6th PM, Weld County,Colorado. The point of diversion forCornish Plains Reservoir from the Cachela Poudre River is at the headgate of theGreeley No. 2 Canal, located in the SE1/4of the NE1/4 of Section 11, T6N, R68W ofthe 6th PM, Larimer County, Colorado.Other points at which water is delivered in-to the Greeley No. 2 Canal are identifiedin paragraph 7.1.1 of the Decree in Con-solidated Case Nos. 01CW201, 01CW288and 04CW343, District Court, Water Divi-sion No. 1. Pursuant to a temporaryagreement with the New Cache la PoudreIrrigating Company, the Applicants willstore their fully consumable water inCornish Plains Reservoir to meet returnflow obligations and out of priority deple-tions. The Applicants intend to seek along-term agreement similar to their tem-porary agreement with the New Cache laPoudre Irrigating Company, 33040 Rail-road Avenue, P.O. Box 104, Lucerne, Col-orado 80646, which owns Cornish PlainsReservoir. 12. Diversion Structures. TheApplicants will divert and deliver their wa-ter rights into the surface storage facilitiesthrough the structures described in para-graph 21 of the 404/442 Decree and inparagraphs 10.2 and 11 of this SecondAmended Application. Additionally, theApplicants may divert their water rights atthe St. Vrain Pipeline (also known asUnited Diversion Facility No. 5), which is asurface diversion facility that will be con-structed on the east bank of the St. VrainRiver approximately 500 feet West and200 feet North of the SE1/4 corner of Sec-tion 20, T3N, R67W of the 6th PM, WeldCounty, Colorado, pursuant to the claimsin Case No. 07CW335, District Court, Wa-ter Division No. 1 (which has been consol-idated for trial with Case Nos. 11CW285and 09CW283, District Court, Water Divi-sion No. 1). Water will be deliveredthrough the St. Vrain Pipeline to the SouthPlatte River. Depending on the pipelineconfiguration, the point of discharge onthe South Platte River will be located inSW1/4 of the SW1/4 of Section 19, T3N,R66W, or the SE1/4 of the SE1/4 of Sec-tion 24, T3N, R67W, or the E1/2 of Sec-tion 25, T3N, R67W, of the 6th PM, WeldCounty, Colorado. From the point of dis-charge, the water may be exchanged up-stream to the United No. 3 Diversion orBurlington Canal headgate. The Applic-ants do not seek approval of an ex-change in this Second Amended Applica-tion. United holds an easement over theproperty on which the St. Vrain PipelineDiversion structure will be constructed.The owners of the underlying property arethe Elverna Burchfield Trustee and SherryRose, 221 West Platte Avenue, Fort Mor-gan, CO 80701. The Department of Trans-portation, State of Colorado, 4201 EastArkansas Ave., Denver, CO 80222, mayalso own a parcel of property on which thediversion structure may be located. 13.Location of Delivery of Sources of Substi-tute Supply. ACWWA will replace its out-of-priority depletions by delivering its sub-stitute supply water from the sources de-scribed in paragraph 9 of this SecondAmended Application as necessary to pre-vent injury to other water rights pursuantto and from the locations decreed in para-graph 16.3 of the 404/442 Decree andclaimed in this Second Amended Applica-tion. 14. Determination of Out-of-PriorityDepletions and Replacement Obligations.The determination of out-of-priority deple-tions and replacement obligations will bemade pursuant to and in compliance withthe terms and conditions set forth in the403 and 404/442 Decrees, including butnot limited to the augmentation require-ments, lagged well depletions, historicalreturn flow obligations, and transit losseson the sources of substitute supply. 15.Depletion and Substitute Water SupplyProjections. The Applicants will make pro-jections of their annual depletions from theECCV Well Field, the historical return flowobligations, and the projected supplies ofreplacement water pursuant to and incompliance with the terms and conditionsof the 403 and 404/442 Decrees including,but not limited to paragraphs 16, 18.3, 28and 53 of the 403 Decree and para-graphs 17, 68 and 105 of the 404/442 De-cree. 16. Accounting and Reporting. Ap-plicants will make an accounting of theplan for augmentation and make reports tothe Division Engineer pursuant to theterms and conditions of the 403 and404/442 Decrees including, but not lim-ited to paragraph 105 of the 404/442 De-cree. Application to Amend the 70 RanchAugmentation Plan and the 70 Ranch Re-charge Project. 17. General Descriptionof the Incorporation of ACWWA in the 70Ranch Augmentation Plan. Applicantsseek approval to incorporate ACWWA in-to the 70 Ranch Augmentation Plan setforth in the 404/442 Decree as amendedby this Application. ACWWA may pumpwater from the wells on the 70 Ranch fordelivery to ACWWA’s service area.ACWWA will replace its out-of-priority de-pletions from the wells on the 70 Ranchand its historical return flow obligationsfrom its changed water rights in time, loca-tion, and amount, as required by the termsand conditions in the 404/442 Decree andas may be decreed in th is case.ACWWA’s sources of substitute supplyare described in paragraphs 9 and 31 ofthis Second Amended Application. Applic-ants will make projections and account forthe depletions associated with ACWWA’suse of the wells on the 70 Ranch, the his-torical return flow obligations associatedwith ACWWA’s changed water rights asthey are added to the 70 Ranch Augment-ation Plan, and projected supplies of re-placement water as required by the termsand conditions in the 404/442 Decree andas may be decreed in this case. A map ofthe 70 Ranch was attached to the originalapplication in this case as Exhibit 5, whichis incorporated into this Second AmendedApplication. 18. Augmented Structures tobe Utilized by ACWWA. 18.1. ACWWAmay use the three (3) wells included in theUnited Diversion Facility No. 2 Wells, ap-proved and described in paragraph 24.2of the 404/442 Decree as follows: (a) WellNo. 1, is to be located 601.5 feet from theEast line of the SE1/4 and 1062.7 feetfrom the South line of the SE1/4 in Sec-tion 34; (b) Well No. 3, is to be locatedwithin 100 feet of the following location:1382.4 feet from the East line of the SE1/4and 1995.5 feet from the South line of theSE1/4 in Section 34; (c) Well No. 4, is tobe located within 100 feet of the followinglocation: 1896.6. feet from the East line ofthe SE1/4 and 2454.1 feet from the Southline of the SE1/4, in Section 34, all in T5N,R63W of the 6th PM, Weld County, Color-ado; and (d) any additional wells that mayin the future be decreed as part of theUnited Diversion Facility No. 2 Wells. The70 Ranch LLC, 8301 East Prentice Aven-ue #100, Greenwood Village, Colorado80111, is the fee owner of the land onwhich the United Diversion Facility No. 2Wells are or will be located. 19. WellsAdded to the 404/442 Decree. As re-quired by paragraph 26 of the 404/442Decree, the Applicants seek to add the fol-lowing wells to the 70 Ranch Augmenta-tion Plan (“Added Wells”). The AddedWells shall be operated and used for thebenefit of the Applicants, and the out-of-priority depletions shall be replaced onterms and conditions at least as restrict-ive as the 70 Ranch Augmentation Plandecreed in Case Nos. 02CW404 and03CW442. 70 Ranch LLC owns the landson which the Added Wells will be con-structed. 19.1. The Applicants are addingeight (8) wells to the 70 Ranch Augmenta-tion Plan. The Added Wells are located ina well field (referred to as United Diver-sion Facility No. 6) to be constructed onthe 70 Ranch on the south side of theSouth Platte River in the S1/2 of Section34, T5N, R63W, N1/2 of Section 3, T4N,R63W, NE1/4 of the NE1/4 of Section 4,T4N, R63W, and the N1/2 of Section 33,T5N, R63W all in the 6th PM, WeldCounty, Colorado. 19.2. All out-of-prior-ity depletions that result from pumping theAdded Wells will be replaced in time, loca-tion, and amount, from the sources of sub-stitute supply listed in paragraph 9 above,as required by the terms and conditionsset forth in the 404/442 Decree. Underthe 70 Ranch Augmentation Plan, the out-of-priority depletions resulting from thepumping of wells on the 70 Ranch are re-placed when those depletions are legallyrequired at the South Platte River to pre-vent injury to downstream calling seniorwater rights. 20. Replacement Sourcesfor the Wells Added to the 404/442 De-cree. In addition to the sources of substi-tute supply described in paragraph 25 ofthe 404/442 Decree, the water rights de-scribed in paragraph 9 of this SecondAmended Application will be added asthey are changed for use as sources ofsubstitute supply in the 70 Ranch Aug-mentation Plan, pursuant to and in compli-ance with paragraph 25.6 of the 404/442Decree. The Currently Owned But Un-changed Water Sources and Future Ac-quired Water Sources will not be includedin the 70 Augmentation Plan until the Ap-plicants complete the ditch or irrigationcompany’s lawful requirements and pro-cedures, if any, regarding approval of achange of water right, and comply with theterms and conditions for adding newsources of supply set forth in paragraph25.6.1 of the 404/442 Decree. The Applic-ants also seek to use the conditional wa-ter right for United Diversion Facility No. 6as described in paragraph 31 of thisSecond Amended Application as a sourceof substitute supply. 21. Location of De-livery of Sources of Substitute Supply.The Applicants will replace the out-of-pri-ority depletions by delivering their substi-tute supply water from the sources de-scribed in paragraph 9 of this SecondAmended Application, at or above the call-ing senior water right on the South PlatteRiver. 22. Determination of Out-of-Prior-ity Depletions and Replacement Obliga-tions. The determination of out-of-prioritydepletions and replacement shall be asset forth in paragraph 31.2 of the 404/442Decree, including but not limited to theaugmentation requirements, lagged welldepletions, historical return flow obliga-tions, and transit losses on the sources ofsubstitute supply. 23. Depletion and Sub-stitute Water Supply Projections. The Ap-plicants will make projections and ac-count for the depletions from ACWWA’suse of United Diversion Facility No. 2Wells, the historical return flow obliga-tions from ACWWA’s changed waterrights used as a source of substitute sup-ply, and projected supplies of replace-ment water pursuant to and in compliancewith paragraphs 32, 68 and 105 of the404/442 Decree. The Applicants shallmake projections and account for the de-pletions from the Added Wells on termsand conditions no less restrictive thanthose set forth in paragraphs 32, 68 and105 of the 404/442 Decree. 24. Account-ing and Reporting. The Applicants willmake an accounting of the plan for aug-mentation and make reports to the Divi-sion Engineer pursuant to the terms andconditions of the 404/442 Decree includ-ing, but not limited to, paragraph 105 ofthat Decree. 25. General Description ofthe Incorporation of ACWWA in the 70Ranch Recharge Plan. The Applicantsseek to incorporate ACWWA into the 70Ranch Recharge Project as set forth in the404/442 Decree. ACWWA may divert itsfully consumable water sources addedpursuant to the terms and conditions asmay be decreed in this case through thediversion or delivery structures as statedin paragraph 37 of the 404/442 Decree.ACWWA may also deliver its fully con-sumable water sources to the canals andrecharge ponds as stated in paragraph 35of the 404/442 Decree and/or through thewells included in the 70 Ranch Augmenta-tion Plan as amended by this application.Such deliveries will result in accretions tothe alluvial aquifer underlying the 70Ranch. ACWWA seeks to recharge up to3,600 acre-feet per year, as long as thetotal amount of water recharged by ECCVand ACWWA does not exceed 3,600 acre-feet per year. ACWWA may, subject tothe terms and conditions decreed in the404/442 Decrees and as may be decreedin this case, use its recharge accretions toaugment its out-of-priority depletions fromthe ACWWA/ECCV Well Field, the out-of-priority depletions from the wells in the 70Ranch Augmentation Plan, and to replacehistorical return flows from its changedwater rights. 25.1. 70 Ranch RechargePonds. ACWWA’s fully consumable wa-ter supplies, described in paragraph 9 ofthis Second Amended Application, may bediverted through the diversion and deliv-ery structures described in paragraph 37of the 404/442 Decree as follows: (a)United Diversion Facility No. 1, theheadgate will be located at the existingheadgate for the Riverside Intake Canalon the north bank of the South PlatteRiver in the SW1/4 of the SW1/4 of Sec-tion 20, T5N, R63W of the 6th PM, WeldCounty, Colorado. Absent an agreementwith the Riverside Irrigation District, theheadgate will be located on the north bankof the South Platte River in the S1/2 of theSW1/4 of Section 20, T5N, R63W of the6th PM, Weld County, Colorado betweenthe headgate of the Riverside IntakeCanal and the west section line of Section20, T5N, R63W of the 6th PM, at a loca-tion to be established within that reach,approximately 200 yards in extent; (b)United Diversion Facility No. 2, describedabove in paragraph 18.1; (c) United Diver-sion Facility No. 4, consisting of the three(3) NFC Wells, No.1, located in the SE1/4of the NE1/4 of Section 35, T5N, R63W,No. 3, located in the NE1/4 of the SE1/4 ofSection 35, T5N, R63W, and No. 4, loc-ated in the NE1/4 of the NE1/4 of Section7, T4N, R62W, all in the 6th PM, WeldCounty, Colorado; and (d) the AddedWells claimed in paragraph 31 of thisSecond Amended Application, and de-livered to the recharge facilities describedbelow in paragraph 25.2. Deliveries to therecharge structures will result in accre-tions to the South Platte River, and aredepicted by decreed reaches as shown onExhibit 3 to the 404/442 Decree, which isattached to this Second Amended Applic-ation as Exhibit 11. 25.2. Annual Maxim-um Volumetric Limit on Deliveries to Re-charge Ponds. In paragraph 36 of the404/442 Decree, recharge on the 70Ranch was limited to 3,600 acre-feet an-nually through recharge ponds and canalsthat are depicted on the map attached asExhibit 5 to the 404/442 Decree and arelocated as follows: (a) Pond 4/5, locatedin the NE1/4 and SE1/4 of Section 1, T4N,R63W of the 6th PM in Weld County, Col-orado; (b) Pond 8a, located in the SW1/4of Section 25, T5N, R63W of the 6th PMand the NE1/4 of Section 35, T5N, R63Wof the 6th PM in Weld County, Colorado;(c) Ponds 8b and 8c, located in Section25, T5N, R63W of the 6th PM in WeldCounty, Colorado; (d) Pond 9a, located inthe SE1/4 of Section 31, T5N, R62W ofthe 6th PM and Section 5, T4N, R62W ofthe 6th PM in Weld County, Colorado; (e)Pond 11a, located in NE1/4 of Section 24,T5N, R63W of the 6th PM, the E1/2 ofSection 13, T5N, R63W of the 6th PM,NW1/4 of Section 19, T5N, R62W of the6th PM, and the W1/2 of Section 18, T5N,R62W of the 6th PM in Weld County, Col-orado; (f) Pond 11b, located in NE1/4 ofSection 24, T5N, R63W of 6th PM and theW1/2 of the W1/2 of Section 19, T5N,R62W of the 6th PM; and (g) CanalsBetween Recharge Ponds, conveyancecanals may be constructed from Pond 11bto Pond 8c, from Pond 8a to Pond 4/5,and from Pond 8a to Pond 9a. Applic-ants seek to allow ACWWA to share in the3,600 acre-feet of recharge previously ap-proved in the 404/442 Decree through thefacilities listed in this paragraph. ACWWAwill use its recharge accretions to aug-ment its out-of-priority depletions from theECCV/ACWWA Well Field, the United Di-version No. 2 Wells decreed in the404/442 Case, the historical return flowobligations associated with their changedwater rights, and the out-of-priority deple-tions from the Added Wells claimed inparagraphs 19 and 31 of this SecondAmended Application. 26. No Addition orModification of Recharge Ponds. In thisSecond Amended Application, the Applic-ants do not seek to add to or modify thedecreed recharge ponds or conveyancecanals at the 70 Ranch described in para-graph 35 of the 404/442 Decree. 27. Useof Recharge Credits/Accretions. The Ap-plicants shall use their recharge accre-tions to augment out-of-priority depletionsfrom the ACWWA/ECCV Well Field andwells augmented under the 70 RanchAugmentation Plan, including the wells ad-ded by this Second Amended Application,to replace return flows from the Applic-ants’ changed water rights by direct use,exchange or substitution in accordancewith the terms of the 404/442 Decree andthe applications in Consolidated CaseNos. 11CW285, 09CW283 and 07CW335,the decree entered in this case, and/or fu-ture decrees benefiting the Applicantsentered by the Water Court. 28. Account-ing and Reporting. Applicants will makean accounting of the plan for augmenta-tion and make reports to the Division En-gineer pursuant to the terms and condi-tions of the 404/442 Decree including, butnot limited to paragraph 105 of that De-cree. 29. Withdrawal of Additional Re-charge Claims. The claims for the 70Ranch Recharge Collection Pipeline andan increase in recharge on the 70 Ranch,which were set forth in paragraphs 27-32of the First Amended Application, are with-drawn in their entirety. 30. TH RanchAgreements. The construction and opera-tion of the 70 Ranch Recharge Project, asamended by this Second Amended Ap-plication, will be in compliance with allterms and conditions set forth in the Ap-plicants’ agreements with TH Ranch, in-cluding the following: a) Stipulationbetween United, ECCV, FRICO and THRanch, Case Nos. 02CW404 and03CW442, District Court, Water DivisionNo. 1, dated April 13, 2011; b) Grant ofDrain and Pipeline Easement – Covenantand Agreement by TH Ranch, dated Au-gust 17, 2011; and c) Access LicenseAgreement between TH Ranch andUnited, dated August 18, 2011. Applica-tion for a Conditional Water Right – UnitedDiversion Facility No. 6. 31. Claim forConditional Water Right. The Applicantsclaim a conditional water right for the Ad-ded Wells described in paragraph 19 asfollows: 31.1. Priority Date: October 28,2011. 31.2. How appropriation was initi-ated: By the preliminary location of wellsites on the 70 Ranch and filing of theFirst Amended Application. 31.3. DateWater Applied to Beneficial Use: Not ap-plicable – conditional water right. 31.4.Uses or proposed uses: The water with-drawn through these wells will be used forthe following purposes: agricultural, irriga-tion and municipal uses including, but notlimited to, agricultural irrigation, domestic,mechanical, manufacturing, commercial,industrial, fire protection, sewage treat-ment, street sprinkling, irrigation of parks,lawns, and grounds, exchange, augment-ation and replacement, substitute supply,groundwater recharge, streamflow en-hancement, adjustment and regulation ofwater supply, including exchange with oth-er water systems and other water users,including agricultural and other waterrights appropriators, and for all other be-neficial uses within the ECCV andACWWA service areas, as they now existor may exist in the future. Application forACWWA’S Use of the Conditional WaterRights Decreed in the 404/442 Decree.32. ACWWA’s Use of the ECCV OneTime Diversion Conditional Surface Right.Applicants seeks approval of ACWWA’suse of the conditional water right decreedin paragraph 47 of the 404/442 Decree.The Applicants seek approval of the useof the conditional water right to provideboth ACWWA and ECCV with 6,000 acre-feet of water for delivery to the BeebeDraw Recharge Project facilities, the 70Ranch Recharge Project facilities, Gil-crest Reservoir, United Reservoir No. 3,Milton Lake, and/or Barr Lake. Followingthe diversion of 6,000 acre-feet any one orcombination of the structures listed inparagraph 47 of the 404/442 Decree, theconditional water right shall automaticallyexpire and be of no further force and ef-fect. Applicants shall measure diversionsfor the ECCV One Time Diversion Condi-tional Surface Rights at the diversionstructures identified in paragraph 47.2 ofthe 404/442 Decree and shall account forsuch diversions on a daily basis and re-port to the Division Engineer on a monthlybasis. Applicants shall file a notice of ex-piration promptly following completion ofsuch fill, setting forth the dates and loca-tions of such fill. 33. ACWWA’s Use ofthe Milton Lake 2003 Storage Right. Ap-plicants seek the approval of ACWWA’suse of the Milton Lake 2003 Storage Rightdecreed in paragraph 48 of the 404/442Decree. The Milton Lake 2003 StorageRight will not exceed 5,000 acre-feet dur-ing each water storage year, which shallbe November 1 through October 31.ACWWA’s use of the Milton Lake 2003Storage Right is for augmentation and re-placement of depletions associated withpumping from the ACWWA/ECCV WellField. 33.1. Incorporation of ACWWA inthe Plan for Augmentation for the MiltonLake 2003 Storage Right. The Applicantsseek to incorporate ACWWA into the aug-mentation plan decreed at paragraphs 49to 52 of the 404/442 Decree for the MiltonLake 2003 Storage Right. 33.2. Reserva-tion of Issues Related to Milton Lake. Al-though a dispute exists among someparties, the Applicants are not seeking tolitigate in this matter the issue of whetherMilton Lake is entitled to inflows fromBeebe Draw under its decreed 1909 wa-ter right. All parties subject to the 404/442Decree and a decree entered in this case,or affected thereby reserve the right to as-sert their factual and legal positions onthat matter in the future and those de-crees shall not give rise to any argument,claim, defense or theory of acquiescence,waiver, bar, merger, stare decisis, res ju-dicata, estoppel, laches, or preclusion, byor against any of the parties on that issue.Accordingly, in the future any party maylitigate the issue of whether Milton Lake isentitled to inflows from Beebe Draw underits 1909 Milton Storage Right. 34. Ex-cess Credit. Subject to the limitations de-scribed herein, any fully consumable wa-ter or augmentation credits or rechargecredits not used by the Applicants for theuses and purposes set forth in thisSecond Amended Application that are re-turned to the South Platte River or its allu-vium may be re-diverted at any of the di-version points set forth in the SecondAmended Application and used for pur-poses decreed in this case, Case No.02CW403, Case Nos. 02CW404 and03CW442, decrees issued in Consolid-ated Case Nos. 11CW285, 09CW283 and07CW335, and future decrees obtained bythe Applicants. 35. General LocationMap. A map generally showing the rela-tionship of the area encompassed by theclaims in this Second Amended Applica-tion was attached as Exhibit 6 to the ori-ginal application in this case and is incor-porated into this Second Amended Applic-ation. 36. Landowner Information. Useof the facilities owned by the Riverside Ir-rigation District/Riverside Reservoir andLand Company, the Henrylyn IrrigationDistrict, Gilcrest LLC, the Platte Valley Ir-rigation Company, the Public ServiceCompany, the City of Longmont, the Uni-on Reservoir Company, the Cache laPoudre Irrigating Company, and the use ofState land administered by the ColoradoDivision of Parks and Wildlife and theState Land Board, will only be by agree-ment with those entities, pursuant to theApplicants’ request for permission to usethose facilities. Facilities owned and oper-ated by FRICO or United are included withthe permission of and pursuant to variousagreements with and between FRICO andUnited, and may require further agree-ment between the Applicants and FRICO.37. Discrepancies. In the event there isany discrepancy between the descriptionof the points of diversion, storage facilities,or water rights described in this SecondAmended Application and the terms of anyrespective decrees, the decrees are con-trolling. Any person reading this SecondAmended Application should rely uponthese descriptions for purposes of inquirynotice only, and should rely upon theterms of any respective decrees adjudicat-ing the water rights and structures whenevaluating the claims made in this SecondAmended Application.





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13CW3046 Cherry Creek Valley Waterand Sanitation District, 2325 South Wa-bash Street, Denver, Colorado 80231;303-755-4474; c/o Petrock & Fendel, P.C.,Matthew S. Poznanovic, 700 SeventeenthStreet, Suite 1800, Denver, CO 80202;303-534-0702. APPLICATION FORFINDING OF REASONABLE DILIGENCEAND TO MAKE ABSOLUTE, IN AR-APAHOE COUNTY. 2. Decree Informa-tion: Originally decreed in Case No.90CW218(A) on April 27, 1994. In CaseNo. 03CW10, a finding of reasonable dili-gence for the conditional water rights wasdecreed. The period of diligence which isthe subject of this application is from thedate of decree in Case No. 03CW10 be-i n g M a y 1 , 2 0 0 7 . 3 . N a m e o fStructures/Conditional Water Rights: 3.1CCV ALV Wells 1 - 3 (“the Wells”); 3.2 Ex-change from the Metropolitan DenverWastewater Reclamation Plant (“the Ex-change”). 4. Description of ConditionalWater Rights from original decree in CaseNo. 90CW218(A), as amended in CaseNos. 03CW126 and 04CW344, and asamended in Case No. 11CW29: 4.1 De-crees: Case No. 90CW218(A), enteredApril 27, 1994, as amended in Case Nos.03CW126 and 04CW344 entered Octo-ber 19, 2010, and as amended in CaseNo. 11CW29 entered July 13, 2012. 4.2The Wells: 4.2.1 Locations: 4.2.1.1 CC-VALV-1: Original location decreed in CaseNo. 90CW218(A): In the SE1/4NW1/4,section 28, T4S, R67W, 6th PM, Ar-apahoe County at a point 2500 feet fromthe north line and 2500 feet from the westline; CCV ALV-1 changed location de-creed in Case Nos. 03CW126 and04CW344: At a point in the NW 1/4 of theSE1/4, Section 28, T4S, R67W, 6th P.M.,Arapahoe County, approximately 2300feet from the south section line and 2000feet from the east section line. 4.2.1.2 CC-VALV-2: Original location decreed inCase No. 90CW218(A) : In theNE1/4SE1/4, section 28, T4S, R67W, 6thPM, Arapahoe County at a point 1350 feetfrom the south line and 880 feet from theeast line; CCV ALV-2 changed locationdecreed in Case No. 11CW29: At a pointin the SE1/4 of the SE1/4 of Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 548 feet from the southsection line and 540 feet from the eastsection line. 4.2.1.3 CCVALV-3: Locationdecreed in Case No. 90CW218(A): In theSE1/4NE1/4, section 28,T4S, R67W, 6thPM, Arapahoe County at a point 2550 feetfrom the north line and 1300 feet from theeast line. 4.2.2 Source: Cherry Creek, trib-utary to the South Platte River 4.2.3Amount: 2.23 cfs (1,000 gpm) each, con-ditional 4.2.4 Appropriation Date: Decem-ber 28, 1990 4.2.5 Use: All municipal pur-poses within the District’s service area in-cluding domestic, industrial, commercial,irrigation, stockwatering, fire protection,recreation, fish and wild life preservationand propagation. Water may be divertedfor use in the separate water system servi-cing a portion of the District pursuant toagreement with the Denver Water Depart-ment. In Case No. 94CW267, additionaluses were added as follows: augmenta-tion, replacement and exchange; and arti-ficial recharge of the alluvium of CherryCreek and of those portions of the Denver,Arapahoe, and Laramie-Fox Hills aquifersunderlying the District. 4.3 The Exchange:4.3.1 Legal Description of ExchangeReach: Exchange from Metropolitan Den-ver Wastewater Reclamation Plant loc-ated in the SW1/4 NW1/4, Section 1, T3S,R68W of the 6th P.M. within the SouthPlatte River upstream to the confluencewith Cherry Creek and then within CherryCreek to wells ALV-1, ALV-2 and ALV-3.4.3.2 Amount: 6 cfs, conditional 4.3.3 Ap-propriation Date: December 28, 1990,4.3.4 Source of Substitute Supply: Re-useable wastewater effluent attributable tothe District’s separate water system,which includes water from the Wells, theWabash Storage and Recharge Systemwater rights, the District’s nontributary andnot nontributary ground water rights, andthe District’s other water rights which areall described in the Case No. 11CW29 de-cree, released from the Metro Wastewa-ter Reclamation Plant #1. Water suppliedto the District under its Distributor’s Con-tract with Denver is not included. 4.3.5Use: All municipal purposes within theDistrict’s service area including domestic,industrial, commercial, irrigation, stockwa-tering, fire protection, recreation, fish andwild life preservation and propagation.Water may be diverted for use in the sep-arate water system servicing a portion ofthe District pursuant to agreement with theDenver Water Department. In Case No.94CW267, additional uses were added asfollows: augmentation, replacement andexchange; and artificial recharge of the al-luvium of Cherry Creek and of those por-tions of the Denver, Arapahoe, and Lara-mie-Fox Hills aquifers underlying the Dis-trict. APPLICATION TO MAKE ABSO-LUTE 5. During this diligence period, in2010, 120 g.p.m. of the CCV ALV-2 wellconditional water right was diverted andput to the decreed beneficial use of muni-cipal. Therefore, the District requests that120 g.p.m. of the CCV ALV-2 well condi-tional water right be made absolute formunicipal use. In the alternative and ifthis amount is not made absolute, the Dis-trict requests that a diligence finding alsobe made to continue this amount pursu-ant to the activity described below. In theevent that an additional amount of water isdiverted in priority by the CCV ALV-2 welland used while this case is pending, theDistrict will claim such additional amountalso be made absolute. APPLICATIONFOR FINDING OF REASONABLE DILI-GENCE 6. This Application for Findingof Reasonable Diligence is filed pursuantto the Water Right Determination and Ad-ministration Act of 1969, Sec. 37-92-302,C.R.S. 7. During this diligence period, incontinuing the development of the condi-tional water rights, the District has beenengaged in the legal defense and protec-tion of said water rights and has been dili-gent in the continued use and develop-ment of the water rights involved, includ-ing expenditures for legal, consulting, en-gineering, construction and maintenancework. The District is the owner of otherwater rights which are part of an integ-rated and unified water supply system.Work completed on any part of the unifiedsystem is considered to be diligence forthese conditional water rights. Theseactivities include, but are not limited to, thefollowing: 7.1 The District’s WabashProject is comprised of the conditional wa-ter rights that are the subject of this applic-ation, an augmentation plan, the WabashStorage and Recharge water rights andother water rights described in the decreein Case No. 11CW29. The District pur-sued to decree Case Nos. 03CW126 and04CW344, which made a portion of theWabash Storage and Recharge Systemconditional water right absolute, approvedchanges of water rights and conditionalwater rights and amended the augmenta-tion plan for the Wells and Wabash Stor-age and Recharge System to further re-fine the Wabash Project. This amend-ment added underground storage to theWabash Project, additional sources ofaugmentation water and additional aug-mented points of diversion. 7.2 The Dis-t r ic t pursued to decree Case No.90CW218(B), which approved an addition-al source of augmentation water for itsaugmentation plan for the Wells and Wa-bash Storage and Recharge System. 7.3The District planned, filed, and pursued todecree Case No. 11CW29, whichchanged water rights and amended itsaugmentation plan to conform to the newlocation of the CCV ALV-2 alluvial well.7.4 The District constructed the CCV ALV-1 well, obtained the well permit, per-formed a pump test and prepared the wellcompletion report. 7.5 The District con-structed four monitoring wells requiredpursuant to the terms of the Case No.11CW29 decree. 7.6 The District’s con-sultants developed annual substitute wa-ter supply plan approval and renewalswhile Case Nos. 03CW126 and 04CW344and Case No. 11CW29 were pending. 7.7The District’s consultant prepared weeklydiversion, replacement water and plan foraugmentation accounting, and monthlyand annual reports submitted to the Of-fice of the State Engineer. 7.8 The Dis-trict’s consultant prepared periodic up-dates to the accounting form for the condi-tional water rights that are the subject ofthis case and the Wabash Project. 7.9Stormwater facilities have been construc-ted, including installation of pipelines anda detention pond facility. 7.10 TheDistrict’s consultants have prepareddesign materials and engineering studiesassociated with water rights that are com-ponents of the Wabash Project, includingthe ALV-1 well and Wabash Storage andRecharge System. 7.11 The District hasundertaken pre-application review discus-sions for land use permits with ArapahoeCounty and has engaged in discussionswith DRMS regarding Wabash Projectreservoir design plans.7.12 Additionalmiscellaneous work and expenditures in-cluding maintenance of Wabash Projectfacilities and construction of improve-ments to an access road for the WabashProject. 7.13 Expenditures for develop-ment, design, engineering, construction,legal defense and protection of these con-ditional rights and related parts of the Dis-trict’s integrated system were at least$602,618.00. 7.14 The District divertedand beneficially used water under the wa-ter right for the ALV-2 well, up to a maxim-um of 120 g.p.m. 7.15 During the dili-gence period, legal counsel for the Dis-trict has reviewed the resume of applica-tions as published by the Water Clerk forWater Division 1 and advised the Districtwhether Statements of Opposition need tobe filed to protect the water rights. 7.16Protection of water rights by opposition towater court applications for competing wa-ter rights, exchanges and augmentationplans. 7.17 The District has incurred addi-tional expenses for legal, consulting, andengineering work related to the project.7.18 The work and expenditures listedabove are illustrative and not exhaustive.Additional work and additional or revisedexpenditures may be claimed in support ofthis application. 8. Names and addressesof owners of land upon which structuresfor the water rights are located: 8.1 ALV-1and ALV-3 Wells: Applicant 8.2 ALV-2Well: Denver Water, 1600 W. 12th Av-enue, Denver, CO 80204-3412. 8.3Was tewate r ou t fa l l : Me t ropo l i tanWastewater Reclamation District, 6450York Street, Denver, Colorado 80229.WHEREFORE, Applicant prays that thisCourt enter a decree finding that Applic-ant has made 120 g.p.m. of the condition-al water right for the CCV ALV-2 well ab-solute, has exercised reasonable dili-gence in the development of the remain-ing conditional water rights, continuing theremaining conditional water right, and forsuch other and further relief as this Courtdeems just and proper in the premises. (8pages)



Legal Notice No.: 4283First Publication: June 21, 2013Last Publication: June 21, 2013Publisher: The Englewood Herald


Cherry Creek Valley Waterand Sanitation District, 2325 South Wa-bash Street, Denver, Colorado 80231;303-755-4474; c/o Petrock & Fendel, P.C.,Matthew S. Poznanovic, 700 SeventeenthStreet, Suite 1800, Denver, CO 80202;303-534-0702. APPLICATION FORFINDING OF REASONABLE DILIGENCEAND TO MAKE ABSOLUTE, IN AR-APAHOE COUNTY. 2. Decree Informa-tion: Originally decreed in Case No.90CW218(A) on April 27, 1994. In CaseNo. 03CW10, a finding of reasonable dili-gence for the conditional water rights wasdecreed. The period of diligence which isthe subject of this application is from thedate of decree in Case No. 03CW10 be-i n g M a y 1 , 2 0 0 7 . 3 . N a m e o fStructures/Conditional Water Rights: 3.1CCV ALV Wells 1 - 3 (“the Wells”); 3.2 Ex-change from the Metropolitan DenverWastewater Reclamation Plant (“the Ex-change”). 4. Description of ConditionalWater Rights from original decree in CaseNo. 90CW218(A), as amended in CaseNos. 03CW126 and 04CW344, and asamended in Case No. 11CW29: 4.1 De-crees: Case No. 90CW218(A), enteredApril 27, 1994, as amended in Case Nos.03CW126 and 04CW344 entered Octo-ber 19, 2010, and as amended in CaseNo. 11CW29 entered July 13, 2012. 4.2The Wells: 4.2.1 Locations: 4.2.1.1 CC-VALV-1: Original location decreed in CaseNo. 90CW218(A): In the SE1/4NW1/4,section 28, T4S, R67W, 6th PM, Ar-apahoe County at a point 2500 feet fromthe north line and 2500 feet from the westline; CCV ALV-1 changed location de-creed in Case Nos. 03CW126 and04CW344: At a point in the NW 1/4 of theSE1/4, Section 28, T4S, R67W, 6th P.M.,Arapahoe County, approximately 2300feet from the south section line and 2000feet from the east section line. 4.2.1.2 CC-VALV-2: Original location decreed inCase No. 90CW218(A) : In theNE1/4SE1/4, section 28, T4S, R67W, 6thPM, Arapahoe County at a point 1350 feetfrom the south line and 880 feet from theeast line; CCV ALV-2 changed locationdecreed in Case No. 11CW29: At a pointin the SE1/4 of the SE1/4 of Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 548 feet from the southsection line and 540 feet from the eastsection line. 4.2.1.3 CCVALV-3: Locationdecreed in Case No. 90CW218(A): In theSE1/4NE1/4, section 28,T4S, R67W, 6thPM, Arapahoe County at a point 2550 feetfrom the north line and 1300 feet from theeast line. 4.2.2 Source: Cherry Creek, trib-utary to the South Platte River 4.2.3Amount: 2.23 cfs (1,000 gpm) each, con-ditional 4.2.4 Appropriation Date: Decem-ber 28, 1990 4.2.5 Use: All municipal pur-poses within the District’s service area in-cluding domestic, industrial, commercial,irrigation, stockwatering, fire protection,recreation, fish and wild life preservationand propagation. Water may be divertedfor use in the separate water system servi-cing a portion of the District pursuant toagreement with the Denver Water Depart-ment. In Case No. 94CW267, additionaluses were added as follows: augmenta-tion, replacement and exchange; and arti-ficial recharge of the alluvium of CherryCreek and of those portions of the Denver,Arapahoe, and Laramie-Fox Hills aquifersunderlying the District. 4.3 The Exchange:4.3.1 Legal Description of ExchangeReach: Exchange from Metropolitan Den-ver Wastewater Reclamation Plant loc-ated in the SW1/4 NW1/4, Section 1, T3S,R68W of the 6th P.M. within the SouthPlatte River upstream to the confluencewith Cherry Creek and then within CherryCreek to wells ALV-1, ALV-2 and ALV-3.4.3.2 Amount: 6 cfs, conditional 4.3.3 Ap-propriation Date: December 28, 1990,4.3.4 Source of Substitute Supply: Re-useable wastewater effluent attributable tothe District’s separate water system,which includes water from the Wells, theWabash Storage and Recharge Systemwater rights, the District’s nontributary andnot nontributary ground water rights, andthe District’s other water rights which areall described in the Case No. 11CW29 de-cree, released from the Metro Wastewa-ter Reclamation Plant #1. Water suppliedto the District under its Distributor’s Con-tract with Denver is not included. 4.3.5Use: All municipal purposes within theDistrict’s service area including domestic,industrial, commercial, irrigation, stockwa-tering, fire protection, recreation, fish andwild life preservation and propagation.Water may be diverted for use in the sep-arate water system servicing a portion ofthe District pursuant to agreement with theDenver Water Department. In Case No.94CW267, additional uses were added asfollows: augmentation, replacement andexchange; and artificial recharge of the al-luvium of Cherry Creek and of those por-tions of the Denver, Arapahoe, and Lara-mie-Fox Hills aquifers underlying the Dis-trict. APPLICATION TO MAKE ABSO-LUTE 5. During this diligence period, in2010, 120 g.p.m. of the CCV ALV-2 wellconditional water right was diverted andput to the decreed beneficial use of muni-cipal. Therefore, the District requests that120 g.p.m. of the CCV ALV-2 well condi-tional water right be made absolute formunicipal use. In the alternative and ifthis amount is not made absolute, the Dis-trict requests that a diligence finding alsobe made to continue this amount pursu-ant to the activity described below. In theevent that an additional amount of water isdiverted in priority by the CCV ALV-2 welland used while this case is pending, theDistrict will claim such additional amountalso be made absolute. APPLICATIONFOR FINDING OF REASONABLE DILI-GENCE 6. This Application for Findingof Reasonable Diligence is filed pursuantto the Water Right Determination and Ad-ministration Act of 1969, Sec. 37-92-302,C.R.S. 7. During this diligence period, incontinuing the development of the condi-tional water rights, the District has beenengaged in the legal defense and protec-tion of said water rights and has been dili-gent in the continued use and develop-ment of the water rights involved, includ-ing expenditures for legal, consulting, en-gineering, construction and maintenancework. The District is the owner of otherwater rights which are part of an integ-rated and unified water supply system.Work completed on any part of the unifiedsystem is considered to be diligence forthese conditional water rights. Theseactivities include, but are not limited to, thefollowing: 7.1 The District’s WabashProject is comprised of the conditional wa-ter rights that are the subject of this applic-ation, an augmentation plan, the WabashStorage and Recharge water rights andother water rights described in the decreein Case No. 11CW29. The District pur-sued to decree Case Nos. 03CW126 and04CW344, which made a portion of theWabash Storage and Recharge Systemconditional water right absolute, approvedchanges of water rights and conditionalwater rights and amended the augmenta-tion plan for the Wells and Wabash Stor-age and Recharge System to further re-fine the Wabash Project. This amend-ment added underground storage to theWabash Project, additional sources ofaugmentation water and additional aug-mented points of diversion. 7.2 The Dis-t r ic t pursued to decree Case No.90CW218(B), which approved an addition-al source of augmentation water for itsaugmentation plan for the Wells and Wa-bash Storage and Recharge System. 7.3The District planned, filed, and pursued todecree Case No. 11CW29, whichchanged water rights and amended itsaugmentation plan to conform to the newlocation of the CCV ALV-2 alluvial well.7.4 The District constructed the CCV ALV-1 well, obtained the well permit, per-formed a pump test and prepared the wellcompletion report. 7.5 The District con-structed four monitoring wells requiredpursuant to the terms of the Case No.11CW29 decree. 7.6 The District’s con-sultants developed annual substitute wa-ter supply plan approval and renewalswhile Case Nos. 03CW126 and 04CW344and Case No. 11CW29 were pending. 7.7The District’s consultant prepared weeklydiversion, replacement water and plan foraugmentation accounting, and monthlyand annual reports submitted to the Of-fice of the State Engineer. 7.8 The Dis-trict’s consultant prepared periodic up-dates to the accounting form for the condi-tional water rights that are the subject ofthis case and the Wabash Project. 7.9Stormwater facilities have been construc-ted, including installation of pipelines anda detention pond facility. 7.10 TheDistrict’s consultants have prepareddesign materials and engineering studiesassociated with water rights that are com-ponents of the Wabash Project, includingthe ALV-1 well and Wabash Storage andRecharge System. 7.11 The District hasundertaken pre-application review discus-sions for land use permits with ArapahoeCounty and has engaged in discussionswith DRMS regarding Wabash Projectreservoir design plans.7.12 Additionalmiscellaneous work and expenditures in-cluding maintenance of Wabash Projectfacilities and construction of improve-ments to an access road for the WabashProject. 7.13 Expenditures for develop-ment, design, engineering, construction,legal defense and protection of these con-ditional rights and related parts of the Dis-trict’s integrated system were at least$602,618.00. 7.14 The District divertedand beneficially used water under the wa-ter right for the ALV-2 well, up to a maxim-um of 120 g.p.m. 7.15 During the dili-gence period, legal counsel for the Dis-trict has reviewed the resume of applica-tions as published by the Water Clerk forWater Division 1 and advised the Districtwhether Statements of Opposition need tobe filed to protect the water rights. 7.16Protection of water rights by opposition towater court applications for competing wa-ter rights, exchanges and augmentationplans. 7.17 The District has incurred addi-tional expenses for legal, consulting, andengineering work related to the project.7.18 The work and expenditures listedabove are illustrative and not exhaustive.Additional work and additional or revisedexpenditures may be claimed in support ofthis application. 8. Names and addressesof owners of land upon which structuresfor the water rights are located: 8.1 ALV-1and ALV-3 Wells: Applicant 8.2 ALV-2Well: Denver Water, 1600 W. 12th Av-enue, Denver, CO 80204-3412. 8.3Was tewate r ou t fa l l : Me t ropo l i tanWastewater Reclamation District, 6450York Street, Denver, Colorado 80229.WHEREFORE, Applicant prays that thisCourt enter a decree finding that Applic-ant has made 120 g.p.m. of the condition-al water right for the CCV ALV-2 well ab-solute, has exercised reasonable dili-gence in the development of the remain-ing conditional water rights, continuing theremaining conditional water right, and forsuch other and further relief as this Courtdeems just and proper in the premises. (8pages)





Cherry Creek Valley Waterand Sanitation District, 2325 South Wa-bash Street, Denver, Colorado 80231;303-755-4474; c/o Petrock & Fendel, P.C.,Matthew S. Poznanovic, 700 SeventeenthStreet, Suite 1800, Denver, CO 80202;303-534-0702. APPLICATION FORFINDING OF REASONABLE DILIGENCEAND TO MAKE ABSOLUTE, IN AR-APAHOE COUNTY. 2. Decree Informa-tion: Originally decreed in Case No.90CW218(A) on April 27, 1994. In CaseNo. 03CW10, a finding of reasonable dili-gence for the conditional water rights wasdecreed. The period of diligence which isthe subject of this application is from thedate of decree in Case No. 03CW10 be-i n g M a y 1 , 2 0 0 7 . 3 . N a m e o fStructures/Conditional Water Rights: 3.1CCV ALV Wells 1 - 3 (“the Wells”); 3.2 Ex-change from the Metropolitan DenverWastewater Reclamation Plant (“the Ex-change”). 4. Description of ConditionalWater Rights from original decree in CaseNo. 90CW218(A), as amended in CaseNos. 03CW126 and 04CW344, and asamended in Case No. 11CW29: 4.1 De-crees: Case No. 90CW218(A), enteredApril 27, 1994, as amended in Case Nos.03CW126 and 04CW344 entered Octo-ber 19, 2010, and as amended in CaseNo. 11CW29 entered July 13, 2012. 4.2The Wells: 4.2.1 Locations: 4.2.1.1 CC-VALV-1: Original location decreed in CaseNo. 90CW218(A): In the SE1/4NW1/4,section 28, T4S, R67W, 6th PM, Ar-apahoe County at a point 2500 feet fromthe north line and 2500 feet from the westline; CCV ALV-1 changed location de-creed in Case Nos. 03CW126 and04CW344: At a point in the NW 1/4 of theSE1/4, Section 28, T4S, R67W, 6th P.M.,Arapahoe County, approximately 2300feet from the south section line and 2000feet from the east section line. 4.2.1.2 CC-VALV-2: Original location decreed inCase No. 90CW218(A) : In theNE1/4SE1/4, section 28, T4S, R67W, 6thPM, Arapahoe County at a point 1350 feetfrom the south line and 880 feet from theeast line; CCV ALV-2 changed locationdecreed in Case No. 11CW29: At a pointin the SE1/4 of the SE1/4 of Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 548 feet from the southsection line and 540 feet from the eastsection line. 4.2.1.3 CCVALV-3: Locationdecreed in Case No. 90CW218(A): In theSE1/4NE1/4, section 28,T4S, R67W, 6thPM, Arapahoe County at a point 2550 feetfrom the north line and 1300 feet from theeast line. 4.2.2 Source: Cherry Creek, trib-utary to the South Platte River 4.2.3Amount: 2.23 cfs (1,000 gpm) each, con-ditional 4.2.4 Appropriation Date: Decem-ber 28, 1990 4.2.5 Use: All municipal pur-poses within the District’s service area in-cluding domestic, industrial, commercial,irrigation, stockwatering, fire protection,recreation, fish and wild life preservationand propagation. Water may be divertedfor use in the separate water system servi-cing a portion of the District pursuant toagreement with the Denver Water Depart-ment. In Case No. 94CW267, additionaluses were added as follows: augmenta-tion, replacement and exchange; and arti-ficial recharge of the alluvium of CherryCreek and of those portions of the Denver,Arapahoe, and Laramie-Fox Hills aquifersunderlying the District. 4.3 The Exchange:4.3.1 Legal Description of ExchangeReach: Exchange from Metropolitan Den-ver Wastewater Reclamation Plant loc-ated in the SW1/4 NW1/4, Section 1, T3S,R68W of the 6th P.M. within the SouthPlatte River upstream to the confluencewith Cherry Creek and then within CherryCreek to wells ALV-1, ALV-2 and ALV-3.4.3.2 Amount: 6 cfs, conditional 4.3.3 Ap-propriation Date: December 28, 1990,4.3.4 Source of Substitute Supply: Re-useable wastewater effluent attributable tothe District’s separate water system,which includes water from the Wells, theWabash Storage and Recharge Systemwater rights, the District’s nontributary andnot nontributary ground water rights, andthe District’s other water rights which areall described in the Case No. 11CW29 de-cree, released from the Metro Wastewa-ter Reclamation Plant #1. Water suppliedto the District under its Distributor’s Con-tract with Denver is not included. 4.3.5Use: All municipal purposes within theDistrict’s service area including domestic,industrial, commercial, irrigation, stockwa-tering, fire protection, recreation, fish andwild life preservation and propagation.Water may be diverted for use in the sep-arate water system servicing a portion ofthe District pursuant to agreement with theDenver Water Department. In Case No.94CW267, additional uses were added asfollows: augmentation, replacement andexchange; and artificial recharge of the al-luvium of Cherry Creek and of those por-tions of the Denver, Arapahoe, and Lara-mie-Fox Hills aquifers underlying the Dis-trict. APPLICATION TO MAKE ABSO-LUTE 5. During this diligence period, in2010, 120 g.p.m. of the CCV ALV-2 wellconditional water right was diverted andput to the decreed beneficial use of muni-cipal. Therefore, the District requests that120 g.p.m. of the CCV ALV-2 well condi-tional water right be made absolute formunicipal use. In the alternative and ifthis amount is not made absolute, the Dis-trict requests that a diligence finding alsobe made to continue this amount pursu-ant to the activity described below. In theevent that an additional amount of water isdiverted in priority by the CCV ALV-2 welland used while this case is pending, theDistrict will claim such additional amountalso be made absolute. APPLICATIONFOR FINDING OF REASONABLE DILI-GENCE 6. This Application for Findingof Reasonable Diligence is filed pursuantto the Water Right Determination and Ad-ministration Act of 1969, Sec. 37-92-302,C.R.S. 7. During this diligence period, incontinuing the development of the condi-tional water rights, the District has beenengaged in the legal defense and protec-tion of said water rights and has been dili-gent in the continued use and develop-ment of the water rights involved, includ-ing expenditures for legal, consulting, en-gineering, construction and maintenancework. The District is the owner of otherwater rights which are part of an integ-rated and unified water supply system.Work completed on any part of the unifiedsystem is considered to be diligence forthese conditional water rights. Theseactivities include, but are not limited to, thefollowing: 7.1 The District’s WabashProject is comprised of the conditional wa-ter rights that are the subject of this applic-ation, an augmentation plan, the WabashStorage and Recharge water rights andother water rights described in the decreein Case No. 11CW29. The District pur-sued to decree Case Nos. 03CW126 and04CW344, which made a portion of theWabash Storage and Recharge Systemconditional water right absolute, approvedchanges of water rights and conditionalwater rights and amended the augmenta-tion plan for the Wells and Wabash Stor-age and Recharge System to further re-fine the Wabash Project. This amend-ment added underground storage to theWabash Project, additional sources ofaugmentation water and additional aug-mented points of diversion. 7.2 The Dis-t r ic t pursued to decree Case No.90CW218(B), which approved an addition-al source of augmentation water for itsaugmentation plan for the Wells and Wa-bash Storage and Recharge System. 7.3The District planned, filed, and pursued todecree Case No. 11CW29, whichchanged water rights and amended itsaugmentation plan to conform to the newlocation of the CCV ALV-2 alluvial well.7.4 The District constructed the CCV ALV-1 well, obtained the well permit, per-formed a pump test and prepared the wellcompletion report. 7.5 The District con-structed four monitoring wells requiredpursuant to the terms of the Case No.11CW29 decree. 7.6 The District’s con-sultants developed annual substitute wa-ter supply plan approval and renewalswhile Case Nos. 03CW126 and 04CW344and Case No. 11CW29 were pending. 7.7The District’s consultant prepared weeklydiversion, replacement water and plan foraugmentation accounting, and monthlyand annual reports submitted to the Of-fice of the State Engineer. 7.8 The Dis-trict’s consultant prepared periodic up-dates to the accounting form for the condi-tional water rights that are the subject ofthis case and the Wabash Project. 7.9Stormwater facilities have been construc-ted, including installation of pipelines anda detention pond facility. 7.10 TheDistrict’s consultants have prepareddesign materials and engineering studiesassociated with water rights that are com-ponents of the Wabash Project, includingthe ALV-1 well and Wabash Storage andRecharge System. 7.11 The District hasundertaken pre-application review discus-sions for land use permits with ArapahoeCounty and has engaged in discussionswith DRMS regarding Wabash Projectreservoir design plans.7.12 Additionalmiscellaneous work and expenditures in-cluding maintenance of Wabash Projectfacilities and construction of improve-ments to an access road for the WabashProject. 7.13 Expenditures for develop-ment, design, engineering, construction,legal defense and protection of these con-ditional rights and related parts of the Dis-trict’s integrated system were at least$602,618.00. 7.14 The District divertedand beneficially used water under the wa-ter right for the ALV-2 well, up to a maxim-um of 120 g.p.m. 7.15 During the dili-gence period, legal counsel for the Dis-trict has reviewed the resume of applica-tions as published by the Water Clerk forWater Division 1 and advised the Districtwhether Statements of Opposition need tobe filed to protect the water rights. 7.16Protection of water rights by opposition towater court applications for competing wa-ter rights, exchanges and augmentationplans. 7.17 The District has incurred addi-tional expenses for legal, consulting, andengineering work related to the project.7.18 The work and expenditures listedabove are illustrative and not exhaustive.Additional work and additional or revisedexpenditures may be claimed in support ofthis application. 8. Names and addressesof owners of land upon which structuresfor the water rights are located: 8.1 ALV-1and ALV-3 Wells: Applicant 8.2 ALV-2Well: Denver Water, 1600 W. 12th Av-enue, Denver, CO 80204-3412. 8.3Was tewate r ou t fa l l : Me t ropo l i tanWastewater Reclamation District, 6450York Street, Denver, Colorado 80229.WHEREFORE, Applicant prays that thisCourt enter a decree finding that Applic-ant has made 120 g.p.m. of the condition-al water right for the CCV ALV-2 well ab-solute, has exercised reasonable dili-gence in the development of the remain-ing conditional water rights, continuing theremaining conditional water right, and forsuch other and further relief as this Courtdeems just and proper in the premises. (8pages)




Public Notice



TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS

IN WATER DIV. 1


13CW3047 Cherry Creek Valley Waterand Sanitation District, 2325 South Wa-bash Street, Denver, Colorado 80231;(303) 755-4474; c/o Petrock & Fendel,P.C., Matthew S. Poznanovic, 700 Seven-teenth Street, Suite 1800, Denver, CO80202, (303) 534-0702. APPLICATIONFOR FINDING OF REASONABLE DILI-GENCE, IN ARAPAHOE COUNTY. 2.Decree Information: Originally decreed inCase No. 94CW266 on January 3, 1997.In Case No. 03CW11, a finding of reason-able diligence for the conditional waterrights was decreed. The period of dili-gence which is the subject of this applica-tion is from the date of decree in Case No.03CW11 being May 1, 2007. 3. Name ofStructure/Conditional Water Rights: 3.1Wabash Storage and Recharge System;3.2 Wabash Effluent Exchange; 3.3 Wa-bash Consumable Return Flows Ex-change. 4. Description of Conditional Wa-ter Rights from original decree in CaseNo. 94CW266, as amended in Case Nos.03CW126 and 04CW344, and asamended in Case No. 11CW29: 4.1 De-crees. Case No. 94CW266, enteredJanuary 3, 1997, as amended in CaseNos. 03CW126 and 04CW344 enteredOctober 19, 2010, and as amended inCase No. 11CW29 entered July 13, 2012.4.2 Wabash Storage and Recharge Sys-tem: 4.2.1 Locations: The decree in CaseNos. 03CW126 and 04CW344 approved achange of water rights for the WabashStorage and Recharge System to changethe places of storage and capacities toconform to the locations and capacities ofstructures that have been constructed andthe new locations and capacities for theremaining structures to be built as follows:4.2.1.1 West Wabash Storage & Re-charge Structure, to be located on, but notlimited to, land which CCV Reservoir No.4 was to be located (the NW1/4 of theSE1/4 of Section 28, T4S, R67W of the6th P.M. The “center point” of the reser-voir (to the extent that such a point can bedefined) was to be approximately 2,225feet north of the south line and 1,875 feetwest of the east line of said section) andadditional lands in the NW1/4 of the SE1/4of Section 28, T4S, R67W of the 6th P.M.The capacity will be up to 125 acre-feet.The West Wabash Storage & RechargeStructure discharges to Cherry Creek inthe NE1/4 of the SW1/4 of Section 28,T4S, R68W of the 6th P.M. 4.2.1.2West Wabash Alluvial Underground Stor-age Structure, to be located in the alluvi-um beneath the West Wabash Storage &Recharge Structure. The capacity will notexceed 110 acre-feet. 4.2.1.3 East Wa-bash Storage and Recharge Structure is aseries of interconnected ponds and water-courses identified as the Cherry CreekCountry Club (CCCC) Golf Course WaterBodies A – L. The total constructed capa-city is approximately 83 acre-feet of which41 acre-feet is active storage and 42 acre-feet is pool and dead storage. The pondsare constructed as an interconnected sys-tem. The East and West Wabash Stor-age and Recharge Structures will be inter-connected by pipelines. The East Wa-bash Storage and Recharge Structure islocated in portions of Sections 27, 28, 33,and 34 of T4S, R67W of the 6th P.M. TheEast Wabash Storage and RechargeStructure discharges to Cherry Creek inthe NW1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The locationsof the CCCC Golf Course Water Bodiesare as follows: a. CCCC Water Body A islocated in the NE1/4 of the SE1/4 of Sec-tion 28, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 1099 feet south of the northline of the SE1/4 and 228 feet west ofthe east line of said section. b. CCCC Wa-ter Body B is located in the NW1/4 of theSW1/4 of Section 27, T4S, R67W of the6th P.M. The “center point” of the body ofwater (to the extent that such a point canbe defined) is approximately 733 feetsouth of the north line of the SW1/4 and482 feet east of the west line of said sec-tion. c. CCCC Water Body C is located inthe NE1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The “centerpoint” of the body of water (to the extentthat such a point can be defined) is ap-proximately 361 feet south of the northline of said section and 978 feet west ofthe east line of the NW1/4 of said section.d. CCCC Water Body D is located in theSE1/4 of the SW1/4 of Section 27, T4S,R67W of the 6th P.M. The “center point”of the body of water (to the extent thatsuch a point can be defined) is approxim-ately 40 feet north of the south line of saidsection and 1000 feet west of the east lineof the SW1/4 of said section. e. CCCCWater Body E is located in the SE1/4 ofthe SW1/4 of Section 27, T4S, R67W ofthe 6th P.M. The “center point” of thebody of water (to the extent that such apoint can be defined) is approximately 468feet north of the south line of said sectionand 966 feet west of the east line of theSW 1/4 of said section. f. CCCC WaterBody F is located in the SE1/4 of theSW1/4 of Section 27, T4S, R67W of the6th P.M. The “center point” of the body ofwater (to the extent that such a point canbe defined) is approximately 829 feetnorth of the south line of said section and849 feet west of the east line of the SW1/4of said section. g. CCCC Water Body G islocated in the SE1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 951 feet north of the southline of said section and 1160 feet west ofthe east line of the SW1/4 of said section.h. CCCC Water Body H is located in theNW1/4 of the SW1/4 of Section 27, T4S,R67W of the 6th P.M. The “center point”of the body of water (to the extent thatsuch a point can be defined) is approxim-ately 966 feet south of the north line of theSW1/4 and 999 feet east of the west lineof said section. i. CCCC Water Body I islocated in the SW1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 1282 feet north of the southline and 477 feet east of the west line ofsaid section. j. CCCC Water Body J islocated in the SW1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 171 feet north of the southline and 282 feet east of the west line ofsaid section. k. CCCC Water Body K islocated in the NW1/4 of the NW1/4 of Sec-tion 34, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 412 feet south of the northline of said section and 18 feet west of theeast line of the NW1/4 NW1/4 of said sec-tion. l. CCCC Water Body L is located inthe NW1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The “centerpoint” of the body of water (to the extentthat such a point can be defined) is ap-proximately 197 feet south of the northline of said section and 281 feet west ofthe east line of the NW 1/4 NW1/4 of saidsection. 4.2.1.4 East Wabash Alluvial Un-derground Storage Structure, to be loc-ated in the alluvium beneath portions ofthe Cherry Creek Country Club GolfCourse. The East Wabash Alluvial Under-ground Storage Structure to be located inportions of Sections 27, 28, 33, and 34 ofT4S, R67W of the 6th P.M. The capacityof water diverted into storage pursuant tothe conditional water rights decreed inCase No. 94CW266, as amended by thedecree in Case Nos. 03CW126 and04CW344, will not exceed 419 acre-feet.4.2.2 Source: Water diverted from CherryCreek and its alluvium and surface watertributary thereto. Water will be diverted in-to the Storage and Recharge Structuresthrough the following structures: 4.2.2.1Parker-Iliff Storm Line Diversion Pipeline,with a point of diversion located in theNW1/4 of the SW1/4 of Section 27, T4S,R67W, 6th P.M. at a point located approx-imately 2720 feet south of the north lineand 880 feet east of the west line of saidsection, said point being on the south sideof Iliff Avenue and west of the HighlineCanal. Capacity 165.0 cfs. 4.2.2.2 Wa-bash Diversion Pipeline, with a point of di-version located in the NW1/4 of theNW1/4 of Section 34, T4S, R67W, 6thP.M. at a point on Cherry Creek locatedapproximately 530 feet south of the northline and 820 feet east of the west line ofsaid section. Capacity 40.0 cfs. 4.2.2.3ALV-1 Pipeline, the source being CCVALV-1.Capacity 2.23 cfs. CCVALV-1: Ori-ginal location decreed in Case No.90CW218(A): In the SE1/4NW1/4, sec-tion 28, T4S, R67W, 6th PM, ArapahoeCounty at a point 2500 feet from the northline and 2500 feet from the west line; CCVALV-1 changed location decreed in CaseNos. 03CW126 and 04CW344: At a pointin the NW1/4 of the SE1/4, Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 2300 feet from the southsection line and 2000 feet from the eastsection line. 4.2.2.4 ALV-2 Pipeline, thesource being CCV ALV-2. Capacity 2.23cfs. CCVALV-2: Original location de-creed in Case No. 90CW218(A): In theNE1/4SE1/4, section 28, T4S, R67W, 6thPM, Arapahoe County at a point 1350 feetfrom the south line and 880 feet from theeast line; CCV ALV-2 changed locationdecreed in Case No. 11CW29: At a pointin the SE1/4 of the SE1/4 of Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 548 feet from the southsection line and 540 feet from the eastsection line. 4.2.2.5 ALV-3 Pipeline, thesource being CCV ALV-3. Capacity 2.23cfs. CCVALV-3: Location decreed inCase No. 90CW218(A): In theSE1/4NE1/4, section 28,T4S, R67W, 6thPM, Arapahoe County at a point 2550 feetfrom the north line and 1300 feet from theeast line. 4.2.3 Amount: 419 acre feet,conditional, diverted at a maximum rate of211.69 cfs, for all reservoirs and storageand recharge structures, together with therights (1) to fill and refill said structureswhenever the water rights decreed hereinare either in priority or are being augmen-ted and (2) to fully consume all waterslawfully placed into the individual struc-tures which make up the system. In CaseNos. 03CW126 and 04CW344, 83 acre-feet was previously made absolute for ir-rigation and recreation uses. 4.2.4 Appro-priation Date: October 18, 1994. 4.2.5 Useof Water: All municipal purposes in whatis referred to as the District’s “SeparateWater System,” (defined as all of the wa-ter available to and used by the Districtfrom its wells CCV ALV 1, 2, and 3 andthe 6.0 cfs exchange and irrigation returnflow credits decreed in Case No.90CW218(A); the Denver Basin wells de-creed in Case Nos. 87CW31(A) and (B);the Wabash Effluent Exchange and Wa-bash Consumable Return Flows Ex-change, both originally decreed in CaseNo. 94CW266, the Wabash Storage andRecharge System originally decreed inCase No. 94CW266 and the water rightswhich are the subject of the decree inCase Nos. 03CW126 and 04CW344 andthe decree in Case No. 11CW29. TheDistrict’s Separate Water System does notinclude any water supplied to the Districtby the Denver Water Department pursu-ant to its Water Service Agreement (Mas-ter Meter)), including but not limited to do-mestic, irrigation, commercial, industrial,recreation, and fish and wild life preserva-tion; augmentation, replacement and ex-change; and artificial recharge of the allu-vium of Cherry Creek and of those por-tions of the Denver, Arapahoe and Laram-ie-Fox Hills aquifers underlying the Dis-trict. 4.3 Wabash Effluent Exchange: 4.3.1Legal Description of Exchange Reach:The downstream terminus of the ex-change is the outfall of the MetroWastewater Reclamation District Treat-ment Plant located in the SW1/4NW1/4,Section 1, T3S, R68W of the 6th P.M.Water may be exchanged up the SouthPlatte River to the confluence of the SouthPlatte River and Cherry Creek and thenceup Cherry Creek to the Parker-Iliff StormLine Diversion Pipeline, the Wabash Di-version Pipeline, and Well Nos. CCV ALV1-3 and into the structures which com-prise the Wabash Storage and RechargeSystem. 4.3.2 Amount: 6 cfs, conditional,but in no event will the total effluent ex-change for the Wabash Effluent Ex-change and the exchange decreed in90CW218(A) exceed 6.0 cfs. 4.3.3 Appro-priation Date: October 18, 1994 4.3.4Source of Replacement Water: Reusablewastewater effluent attributable to the Dis-trict’s Separate Water System releasedfrom the Metro Wastewater ReclamationDistrict Treatment Plant. 4.3.5 Use: Allmunicipal purposes in the District’s Separ-ate Water System, including but not lim-ited to domestic, irrigation, commercial, in-dustrial, recreation, and fish and wild lifepreservation; augmentation, replacement,and exchange; and artificial recharge ofthe alluvium of Cherry Creek and of thoseportions of the Denver, Arapahoe, andLaramie-Fox Hills aquifers underlying theDistrict with the right to use and reuse thewater exchanged to extinction. 4.4 Wa-bash Consumable Return Flows Ex-change: 4.4.1 Legal Description of Ex-change Reach: The downstream ter-minus of the exchange reach is the pointat which Cherry Creek crosses the SE1/4SE1/4 of Section 18, T4S, R67W of the6th P.M. The upstream termini will be theParker-Iliff Storm Line Diversion Pipeline,the Wabash Diversion Pipeline, and WellNos. CCV ALV 1-3 which will deliver wa-ter into the structures which comprise theWabash Storage and Recharge System.4.4.2 Source of Exchanged Water: Con-sumable/reusable irrigation return flowsattributable to the District’s Separate Wa-ter System. 4.4.3 Date of Appropriation:October 18, 1994. 4.4.4 Rate of Ex-change: 3.5 cfs, conditional. 4.4.5 Use ofWater: All municipal purposes in the Dis-trict’s Separate Water System, includingbut not limited to domestic, irrigation, com-mercial, industrial, recreation, and fish andwild life preservation; augmentation, re-placement, and exchange; and artificial re-charge of the alluvium of Cherry Creekand of those portions of the Denver, Ar-apahoe, and Laramie-Fox Hills aquifersunderlying the District with the right to useand reuse the water exchanged to extinc-tion. APPLICATION FOR FINDING OFREASONABLE DILIGENCE 5. This Ap-plication for Finding of Reasonable Dili-gence is filed pursuant to the Water RightDetermination and Administration Act of1969, Sec. 37-92-302, C.R.S. 6. Duringthis diligence period, in continuing the de-velopment of the conditional water rights,the District has been engaged in the legaldefense and protection of said water rightsand has been diligent in the continued useand development of the water rights in-volved, including expenditures for legal,consulting, engineering, construction andmaintenance work. The District is theowner of other water rights which are partof an integrated and unified water supplysystem. Work completed on any part ofthe unified system is considered to be dili-gence for these conditional water rights.These activities include, but are not lim-ited to, the following: 6.1 The District’sWabash Project is comprised of the condi-tional water rights that are the subject ofthis application, an augmentation plan, theCCV ALV 1, 2 and 3 wells water rightsand other water rights described in the de-cree in Case No. 11CW29. The Districtpursued to decree Case Nos. 03CW126and 04CW344, which made a portion ofthe Wabash Storage and Recharge Sys-tem conditional water right absolute, ap-proved changes of water rights and condi-tional water rights and amended the aug-mentation plan for the CCV ALV 1, 2 and3 Wells and Wabash Storage and Re-charge System to further refine the Wa-bash Project. This amendment added un-derground storage to the Wabash Project,additional sources of augmentation waterand additional augmented points of diver-sion. 6.2 The District pursued to decreeCase No. 90CW218(B), which approvedan additional source of augmentation wa-ter for its augmentation plan for the CCVALV 1, 2 and 3 Wells and Wabash Stor-age and Recharge System. 6.3 The Dis-trict planned, filed, and pursued to decreeCase No. 11CW29, which changed waterrights and amended its augmentation planto conform to the new location of the CCVALV-2 alluvial well. 6.4 The District con-structed the CCV ALV-1 well, obtained thewell permit, performed a pump test andprepared the well completion report. 6.5The District constructed four monitoringwells required pursuant to the terms of theCase No. 11CW29 decree. 6.6 The Dis-trict’s consultants developed annual sub-stitute water supply plan approval and re-newals while Case Nos. 03CW126 and04CW344 and Case No. 11CW29 werepending. 6.7 The District’s consultant pre-pared weekly diversion, replacement wa-ter and plan for augmentation accounting,and monthly and annual reports submit-ted to the Office of the State Engineer. 6.8The District’s consultant prepared period-ic updates to the accounting form for theconditional water rights that are the sub-ject of this case and the Wabash Project.6.9 Stormwater facilities have been con-structed, including installation of pipelinesand a detention pond facility. 6.10 TheDistrict’s consultants have prepareddesign materials and engineering studiesassociated with water rights that are com-ponents of the Wabash Project, includingthe ALV-1 well and Wabash Storage andRecharge System. 6.11 The District hasundertaken pre-application review discus-sions for land use permits with ArapahoeCounty and has engaged in discussionswith DRMS regarding Wabash Projectreservoir design plans. 6.12 Additionalmiscellaneous work and expenditures in-cluding maintenance of Wabash Projectfacilities and construction of improve-ments to an access road for the WabashProject. 6.13 Expenditures for develop-ment, design, engineering, construction,legal defense and protection of these con-ditional rights and related parts of the Dis-trict’s integrated system were at least$602,618.00. 6.14 The District divertedand beneficially used water under the wa-ter right for the ALV-2 well, up to a maxim-um of 120 g.p.m. 6.15 During the dili-gence period, legal counsel for the Dis-trict has reviewed the resume of applica-tions as published by the Water Clerk forWater Division 1 and advised the Districtwhether Statements of Opposition need tobe filed to protect the water rights. 6.16Protection of water rights by opposition towater court applications for competing wa-ter rights, exchanges and augmentationplans. 6.17 The District has incurred addi-tional expenses for legal, consulting, andengineering work related to the project.6.18 The work and expenditures listedabove are illustrative and not exhaustive.Additional work and additional or revisedexpenditures may be claimed in support ofthis application. 7. Names and addressesof owners of land upon which structure forthe water right is located: 7.1 West Wa-bash Storage & Recharge Structure andWest Wabash Alluvial Underground Stor-age Structure: Applicant 7.2 East Wa-bash Storage and Recharge StructureEast Wabash Alluvial Underground Stor-age Structure Parker-Iliff Storm Line Di-version Pipeline Wabash DiversionPipeline: Los Verdes III, LLC, 2405 S.Yosemite St., Denver, CO 80231-4269.7.3 ALV-1 and ALV-3 Wells: Applicant 7.4ALV-2 Well: Denver Water, 1600 W. 12thAvenue, Denver, CO 80204-3412. 7.5Wastewater outfall: MetropolitanWastewater Reclamation District, 6450York Street, Denver, Colorado 80229.WHEREFORE, Applicant prays that thisCourt enter a decree finding that Applic-ant has exercised reasonable diligence inthe development of the remaining condi-tional water rights, continuing the remain-ing conditional water right, and for suchother and further relief as this Courtdeems just and proper in the premises.(12 pages)


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 ofJULY 2013 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Applicant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.



Cherry Creek Valle y Waterand Sanitation District, 2325 South Wa-bash Street, Denver, Colorado 80231;(303) 755-4474; c/o Petrock & Fendel,P.C., Matthew S. Poznanovic, 700 Seven-teenth Street, Suite 1800, Denver, CO80202, (303) 534-0702. APPLICATIONFOR FINDING OF REASONABLE DILI-GENCE, IN ARAPAHOE COUNTY. 2.Decree Information: Originally decreed inCase No. 94CW266 on January 3, 1997.In Case No. 03CW11, a finding of reason-able diligence for the conditional waterrights was decreed. The period of dili-gence which is the subject of this applica-tion is from the date of decree in Case No.03CW11 being May 1, 2007. 3. Name ofStructure/Conditional Water Rights: 3.1Wabash Storage and Recharge System;3.2 Wabash Effluent Exchange; 3.3 Wa-bash Consumable Return Flows Ex-change. 4. Description of Conditional Wa-ter Rights from original decree in CaseNo. 94CW266, as amended in Case Nos.03CW126 and 04CW344, and asamended in Case No. 11CW29: 4.1 De-crees. Case No. 94CW266, enteredJanuary 3, 1997, as amended in CaseNos. 03CW126 and 04CW344 enteredOctober 19, 2010, and as amended inCase No. 11CW29 entered July 13, 2012.4.2 Wabash Storage and Recharge Sys-tem: 4.2.1 Locations: The decree in CaseNos. 03CW126 and 04CW344 approved achange of water rights for the WabashStorage and Recharge System to changethe places of storage and capacities toconform to the locations and capacities ofstructures that have been constructed andthe new locations and capacities for theremaining structures to be built as follows:4.2.1.1 West Wabash Storage & Re-charge Structure, to be located on, but notlimited to, land which CCV Reservoir No.4 was to be located (the NW1/4 of theSE1/4 of Section 28, T4S, R67W of the6th P.M. The “center point” of the reser-voir (to the extent that such a point can bedefined) was to be approximately 2,225feet north of the south line and 1,875 feetwest of the east line of said section) andadditional lands in the NW1/4 of the SE1/4of Section 28, T4S, R67W of the 6th P.M.The capacity will be up to 125 acre-feet.The West Wabash Storage & RechargeStructure discharges to Cherry Creek inthe NE1/4 of the SW1/4 of Section 28,T4S, R68W of the 6th P.M. 4.2.1.2West Wabash Alluvial Underground Stor-age Structure, to be located in the alluvi-um beneath the West Wabash Storage &Recharge Structure. The capacity will notexceed 110 acre-feet. 4.2.1.3 East Wa-bash Storage and Recharge Structure is aseries of interconnected ponds and water-courses identified as the Cherry CreekCountry Club (CCCC) Golf Course WaterBodies A – L. The total constructed capa-city is approximately 83 acre-feet of which41 acre-feet is active storage and 42 acre-feet is pool and dead storage. The pondsare constructed as an interconnected sys-tem. The East and West Wabash Stor-age and Recharge Structures will be inter-connected by pipelines. The East Wa-bash Storage and Recharge Structure islocated in portions of Sections 27, 28, 33,and 34 of T4S, R67W of the 6th P.M. TheEast Wabash Storage and RechargeStructure discharges to Cherry Creek inthe NW1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The locationsof the CCCC Golf Course Water Bodiesare as follows: a. CCCC Water Body A islocated in the NE1/4 of the SE1/4 of Sec-tion 28, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 1099 feet south of the northline of the SE1/4 and 228 feet west ofthe east line of said section. b. CCCC Wa-ter Body B is located in the NW1/4 of theSW1/4 of Section 27, T4S, R67W of the6th P.M. The “center point” of the body ofwater (to the extent that such a point canbe defined) is approximately 733 feetsouth of the north line of the SW1/4 and482 feet east of the west line of said sec-tion. c. CCCC Water Body C is located inthe NE1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The “centerpoint” of the body of water (to the extentthat such a point can be defined) is ap-proximately 361 feet south of the northline of said section and 978 feet west ofthe east line of the NW1/4 of said section.d. CCCC Water Body D is located in theSE1/4 of the SW1/4 of Section 27, T4S,R67W of the 6th P.M. The “center point”of the body of water (to the extent thatsuch a point can be defined) is approxim-ately 40 feet north of the south line of saidsection and 1000 feet west of the east lineof the SW1/4 of said section. e. CCCCWater Body E is located in the SE1/4 ofthe SW1/4 of Section 27, T4S, R67W ofthe 6th P.M. The “center point” of thebody of water (to the extent that such apoint can be defined) is approximately 468feet north of the south line of said sectionand 966 feet west of the east line of theSW 1/4 of said section. f. CCCC WaterBody F is located in the SE1/4 of theSW1/4 of Section 27, T4S, R67W of the6th P.M. The “center point” of the body ofwater (to the extent that such a point canbe defined) is approximately 829 feetnorth of the south line of said section and849 feet west of the east line of the SW1/4of said section. g. CCCC Water Body G islocated in the SE1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 951 feet north of the southline of said section and 1160 feet west ofthe east line of the SW1/4 of said section.h. CCCC Water Body H is located in theNW1/4 of the SW1/4 of Section 27, T4S,R67W of the 6th P.M. The “center point”of the body of water (to the extent thatsuch a point can be defined) is approxim-ately 966 feet south of the north line of theSW1/4 and 999 feet east of the west lineof said section. i. CCCC Water Body I islocated in the SW1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 1282 feet north of the southline and 477 feet east of the west line ofsaid section. j. CCCC Water Body J islocated in the SW1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 171 feet north of the southline and 282 feet east of the west line ofsaid section. k. CCCC Water Body K islocated in the NW1/4 of the NW1/4 of Sec-tion 34, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 412 feet south of the northline of said section and 18 feet west of theeast line of the NW1/4 NW1/4 of said sec-tion. l. CCCC Water Body L is located inthe NW1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The “centerpoint” of the body of water (to the extentthat such a point can be defined) is ap-proximately 197 feet south of the northline of said section and 281 feet west ofthe east line of the NW 1/4 NW1/4 of saidsection. 4.2.1.4 East Wabash Alluvial Un-derground Storage Structure, to be loc-ated in the alluvium beneath portions ofthe Cherry Creek Country Club GolfCourse. The East Wabash Alluvial Under-ground Storage Structure to be located inportions of Sections 27, 28, 33, and 34 ofT4S, R67W of the 6th P.M. The capacityof water diverted into storage pursuant tothe conditional water rights decreed inCase No. 94CW266, as amended by thedecree in Case Nos. 03CW126 and04CW344, will not exceed 419 acre-feet.4.2.2 Source: Water diverted from CherryCreek and its alluvium and surface watertributary thereto. Water will be diverted in-to the Storage and Recharge Structuresthrough the following structures: 4.2.2.1Parker-Iliff Storm Line Diversion Pipeline,with a point of diversion located in theNW1/4 of the SW1/4 of Section 27, T4S,R67W, 6th P.M. at a point located approx-imately 2720 feet south of the north lineand 880 feet east of the west line of saidsection, said point being on the south sideof Iliff Avenue and west of the HighlineCanal. Capacity 165.0 cfs. 4.2.2.2 Wa-bash Diversion Pipeline, with a point of di-version located in the NW1/4 of theNW1/4 of Section 34, T4S, R67W, 6thP.M. at a point on Cherry Creek locatedapproximately 530 feet south of the northline and 820 feet east of the west line ofsaid section. Capacity 40.0 cfs. 4.2.2.3ALV-1 Pipeline, the source being CCVALV-1.Capacity 2.23 cfs. CCVALV-1: Ori-ginal location decreed in Case No.90CW218(A): In the SE1/4NW1/4, sec-tion 28, T4S, R67W, 6th PM, ArapahoeCounty at a point 2500 feet from the northline and 2500 feet from the west line; CCVALV-1 changed location decreed in CaseNos. 03CW126 and 04CW344: At a pointin the NW1/4 of the SE1/4, Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 2300 feet from the southsection line and 2000 feet from the eastsection line. 4.2.2.4 ALV-2 Pipeline, thesource being CCV ALV-2. Capacity 2.23cfs. CCVALV-2: Original location de-creed in Case No. 90CW218(A): In theNE1/4SE1/4, section 28, T4S, R67W, 6thPM, Arapahoe County at a point 1350 feetfrom the south line and 880 feet from theeast line; CCV ALV-2 changed locationdecreed in Case No. 11CW29: At a pointin the SE1/4 of the SE1/4 of Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 548 feet from the southsection line and 540 feet from the eastsection line. 4.2.2.5 ALV-3 Pipeline, thesource being CCV ALV-3. Capacity 2.23cfs. CCVALV-3: Location decreed inCase No. 90CW218(A): In theSE1/4NE1/4, section 28,T4S, R67W, 6thPM, Arapahoe County at a point 2550 feetfrom the north line and 1300 feet from theeast line. 4.2.3 Amount: 419 acre feet,conditional, diverted at a maximum rate of211.69 cfs, for all reservoirs and storageand recharge structures, together with therights (1) to fill and refill said structureswhenever the water rights decreed hereinare either in priority or are being augmen-ted and (2) to fully consume all waterslawfully placed into the individual struc-tures which make up the system. In CaseNos. 03CW126 and 04CW344, 83 acre-feet was previously made absolute for ir-rigation and recreation uses. 4.2.4 Appro-priation Date: October 18, 1994. 4.2.5 Useof Water: All municipal purposes in whatis referred to as the District’s “SeparateWater System,” (defined as all of the wa-ter available to and used by the Districtfrom its wells CCV ALV 1, 2, and 3 andthe 6.0 cfs exchange and irrigation returnflow credits decreed in Case No.90CW218(A); the Denver Basin wells de-creed in Case Nos. 87CW31(A) and (B);the Wabash Effluent Exchange and Wa-bash Consumable Return Flows Ex-change, both originally decreed in CaseNo. 94CW266, the Wabash Storage andRecharge System originally decreed inCase No. 94CW266 and the water rightswhich are the subject of the decree inCase Nos. 03CW126 and 04CW344 andthe decree in Case No. 11CW29. TheDistrict’s Separate Water System does notinclude any water supplied to the Districtby the Denver Water Department pursu-ant to its Water Service Agreement (Mas-ter Meter)), including but not limited to do-mestic, irrigation, commercial, industrial,recreation, and fish and wild life preserva-tion; augmentation, replacement and ex-change; and artificial recharge of the allu-vium of Cherry Creek and of those por-tions of the Denver, Arapahoe and Laram-ie-Fox Hills aquifers underlying the Dis-trict. 4.3 Wabash Effluent Exchange: 4.3.1Legal Description of Exchange Reach:The downstream terminus of the ex-change is the outfall of the MetroWastewater Reclamation District Treat-ment Plant located in the SW1/4NW1/4,Section 1, T3S, R68W of the 6th P.M.Water may be exchanged up the SouthPlatte River to the confluence of the SouthPlatte River and Cherry Creek and thenceup Cherry Creek to the Parker-Iliff StormLine Diversion Pipeline, the Wabash Di-version Pipeline, and Well Nos. CCV ALV1-3 and into the structures which com-prise the Wabash Storage and RechargeSystem. 4.3.2 Amount: 6 cfs, conditional,but in no event will the total effluent ex-change for the Wabash Effluent Ex-change and the exchange decreed in90CW218(A) exceed 6.0 cfs. 4.3.3 Appro-priation Date: October 18, 1994 4.3.4Source of Replacement Water: Reusablewastewater effluent attributable to the Dis-trict’s Separate Water System releasedfrom the Metro Wastewater ReclamationDistrict Treatment Plant. 4.3.5 Use: Allmunicipal purposes in the District’s Separ-ate Water System, including but not lim-ited to domestic, irrigation, commercial, in-dustrial, recreation, and fish and wild lifepreservation; augmentation, replacement,and exchange; and artificial recharge ofthe alluvium of Cherry Creek and of thoseportions of the Denver, Arapahoe, andLaramie-Fox Hills aquifers underlying theDistrict with the right to use and reuse thewater exchanged to extinction. 4.4 Wa-bash Consumable Return Flows Ex-change: 4.4.1 Legal Description of Ex-change Reach: The downstream ter-minus of the exchange reach is the pointat which Cherry Creek crosses the SE1/4SE1/4 of Section 18, T4S, R67W of the6th P.M. The upstream termini will be theParker-Iliff Storm Line Diversion Pipeline,the Wabash Diversion Pipeline, and WellNos. CCV ALV 1-3 which will deliver wa-ter into the structures which comprise theWabash Storage and Recharge System.4.4.2 Source of Exchanged Water: Con-sumable/reusable irrigation return flowsattributable to the District’s Separate Wa-ter System. 4.4.3 Date of Appropriation:October 18, 1994. 4.4.4 Rate of Ex-change: 3.5 cfs, conditional. 4.4.5 Use ofWater: All municipal purposes in the Dis-trict’s Separate Water System, includingbut not limited to domestic, irrigation, com-mercial, industrial, recreation, and fish andwild life preservation; augmentation, re-placement, and exchange; and artificial re-charge of the alluvium of Cherry Creekand of those portions of the Denver, Ar-apahoe, and Laramie-Fox Hills aquifersunderlying the District with the right to useand reuse the water exchanged to extinc-tion. APPLICATION FOR FINDING OFREASONABLE DILIGENCE 5. This Ap-plication for Finding of Reasonable Dili-gence is filed pursuant to the Water RightDetermination and Administration Act of1969, Sec. 37-92-302, C.R.S. 6. Duringthis diligence period, in continuing the de-velopment of the conditional water rights,the District has been engaged in the legaldefense and protection of said water rightsand has been diligent in the continued useand development of the water rights in-volved, including expenditures for legal,consulting, engineering, construction andmaintenance work. The District is theowner of other water rights which are partof an integrated and unified water supplysystem. Work completed on any part ofthe unified system is considered to be dili-gence for these conditional water rights.These activities include, but are not lim-ited to, the following: 6.1 The District’sWabash Project is comprised of the condi-tional water rights that are the subject ofthis application, an augmentation plan, theCCV ALV 1, 2 and 3 wells water rightsand other water rights described in the de-cree in Case No. 11CW29. The Districtpursued to decree Case Nos. 03CW126and 04CW344, which made a portion ofthe Wabash Storage and Recharge Sys-tem conditional water right absolute, ap-proved changes of water rights and condi-tional water rights and amended the aug-mentation plan for the CCV ALV 1, 2 and3 Wells and Wabash Storage and Re-charge System to further refine the Wa-bash Project. This amendment added un-derground storage to the Wabash Project,additional sources of augmentation waterand additional augmented points of diver-sion. 6.2 The District pursued to decreeCase No. 90CW218(B), which approvedan additional source of augmentation wa-ter for its augmentation plan for the CCVALV 1, 2 and 3 Wells and Wabash Stor-age and Recharge System. 6.3 The Dis-trict planned, filed, and pursued to decreeCase No. 11CW29, which changed waterrights and amended its augmentation planto conform to the new location of the CCVALV-2 alluvial well. 6.4 The District con-structed the CCV ALV-1 well, obtained thewell permit, performed a pump test andprepared the well completion report. 6.5The District constructed four monitoringwells required pursuant to the terms of theCase No. 11CW29 decree. 6.6 The Dis-trict’s consultants developed annual sub-stitute water supply plan approval and re-newals while Case Nos. 03CW126 and04CW344 and Case No. 11CW29 werepending. 6.7 The District’s consultant pre-pared weekly diversion, replacement wa-ter and plan for augmentation accounting,and monthly and annual reports submit-ted to the Office of the State Engineer. 6.8The District’s consultant prepared period-ic updates to the accounting form for theconditional water rights that are the sub-ject of this case and the Wabash Project.6.9 Stormwater facilities have been con-structed, including installation of pipelinesand a detention pond facility. 6.10 TheDistrict’s consultants have prepareddesign materials and engineering studiesassociated with water rights that are com-ponents of the Wabash Project, includingthe ALV-1 well and Wabash Storage andRecharge System. 6.11 The District hasundertaken pre-application review discus-sions for land use permits with ArapahoeCounty and has engaged in discussionswith DRMS regarding Wabash Projectreservoir design plans. 6.12 Additionalmiscellaneous work and expenditures in-cluding maintenance of Wabash Projectfacilities and construction of improve-ments to an access road for the WabashProject. 6.13 Expenditures for develop-ment, design, engineering, construction,legal defense and protection of these con-ditional rights and related parts of the Dis-trict’s integrated system were at least$602,618.00. 6.14 The District divertedand beneficially used water under the wa-ter right for the ALV-2 well, up to a maxim-um of 120 g.p.m. 6.15 During the dili-gence period, legal counsel for the Dis-trict has reviewed the resume of applica-tions as published by the Water Clerk forWater Division 1 and advised the Districtwhether Statements of Opposition need tobe filed to protect the water rights. 6.16Protection of water rights by opposition towater court applications for competing wa-ter rights, exchanges and augmentationplans. 6.17 The District has incurred addi-tional expenses for legal, consulting, andengineering work related to the project.6.18 The work and expenditures listedabove are illustrative and not exhaustive.Additional work and additional or revisedexpenditures may be claimed in support ofthis application. 7. Names and addressesof owners of land upon which structure forthe water right is located: 7.1 West Wa-bash Storage & Recharge Structure andWest Wabash Alluvial Underground Stor-age Structure: Applicant 7.2 East Wa-bash Storage and Recharge StructureEast Wabash Alluvial Underground Stor-age Structure Parker-Iliff Storm Line Di-version Pipeline Wabash DiversionPipeline: Los Verdes III, LLC, 2405 S.Yosemite St., Denver, CO 80231-4269.7.3 ALV-1 and ALV-3 Wells: Applicant 7.4ALV-2 Well: Denver Water, 1600 W. 12thAvenue, Denver, CO 80204-3412. 7.5Wastewater outfall: MetropolitanWastewater Reclamation District, 6450York Street, Denver, Colorado 80229.WHEREFORE, Applicant prays that thisCourt enter a decree finding that Applic-ant has exercised reasonable diligence inthe development of the remaining condi-tional water rights, continuing the remain-ing conditional water right, and for suchother and further relief as this Courtdeems just and proper in the premises.(12 pages)





Cherry Creek Valle y Waterand Sanitation District, 2325 South Wa-bash Street, Denver, Colorado 80231;(303) 755-4474; c/o Petrock & Fendel,P.C., Matthew S. Poznanovic, 700 Seven-teenth Street, Suite 1800, Denver, CO80202, (303) 534-0702. APPLICATIONFOR FINDING OF REASONABLE DILI-GENCE, IN ARAPAHOE COUNTY. 2.Decree Information: Originally decreed inCase No. 94CW266 on January 3, 1997.In Case No. 03CW11, a finding of reason-able diligence for the conditional waterrights was decreed. The period of dili-gence which is the subject of this applica-tion is from the date of decree in Case No.03CW11 being May 1, 2007. 3. Name ofStructure/Conditional Water Rights: 3.1Wabash Storage and Recharge System;3.2 Wabash Effluent Exchange; 3.3 Wa-bash Consumable Return Flows Ex-change. 4. Description of Conditional Wa-ter Rights from original decree in CaseNo. 94CW266, as amended in Case Nos.03CW126 and 04CW344, and asamended in Case No. 11CW29: 4.1 De-crees. Case No. 94CW266, enteredJanuary 3, 1997, as amended in CaseNos. 03CW126 and 04CW344 enteredOctober 19, 2010, and as amended inCase No. 11CW29 entered July 13, 2012.4.2 Wabash Storage and Recharge Sys-tem: 4.2.1 Locations: The decree in CaseNos. 03CW126 and 04CW344 approved achange of water rights for the WabashStorage and Recharge System to changethe places of storage and capacities toconform to the locations and capacities ofstructures that have been constructed andthe new locations and capacities for theremaining structures to be built as follows:4.2.1.1 West Wabash Storage & Re-charge Structure, to be located on, but notlimited to, land which CCV Reservoir No.4 was to be located (the NW1/4 of theSE1/4 of Section 28, T4S, R67W of the6th P.M. The “center point” of the reser-voir (to the extent that such a point can bedefined) was to be approximately 2,225feet north of the south line and 1,875 feetwest of the east line of said section) andadditional lands in the NW1/4 of the SE1/4of Section 28, T4S, R67W of the 6th P.M.The capacity will be up to 125 acre-feet.The West Wabash Storage & RechargeStructure discharges to Cherry Creek inthe NE1/4 of the SW1/4 of Section 28,T4S, R68W of the 6th P.M. 4.2.1.2West Wabash Alluvial Underground Stor-age Structure, to be located in the alluvi-um beneath the West Wabash Storage &Recharge Structure. The capacity will notexceed 110 acre-feet. 4.2.1.3 East Wa-bash Storage and Recharge Structure is aseries of interconnected ponds and water-courses identified as the Cherry CreekCountry Club (CCCC) Golf Course WaterBodies A – L. The total constructed capa-city is approximately 83 acre-feet of which41 acre-feet is active storage and 42 acre-feet is pool and dead storage. The pondsare constructed as an interconnected sys-tem. The East and West Wabash Stor-age and Recharge Structures will be inter-connected by pipelines. The East Wa-bash Storage and Recharge Structure islocated in portions of Sections 27, 28, 33,and 34 of T4S, R67W of the 6th P.M. TheEast Wabash Storage and RechargeStructure discharges to Cherry Creek inthe NW1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The locationsof the CCCC Golf Course Water Bodiesare as follows: a. CCCC Water Body A islocated in the NE1/4 of the SE1/4 of Sec-tion 28, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 1099 feet south of the northline of the SE1/4 and 228 feet west ofthe east line of said section. b. CCCC Wa-ter Body B is located in the NW1/4 of theSW1/4 of Section 27, T4S, R67W of the6th P.M. The “center point” of the body ofwater (to the extent that such a point canbe defined) is approximately 733 feetsouth of the north line of the SW1/4 and482 feet east of the west line of said sec-tion. c. CCCC Water Body C is located inthe NE1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The “centerpoint” of the body of water (to the extentthat such a point can be defined) is ap-proximately 361 feet south of the northline of said section and 978 feet west ofthe east line of the NW1/4 of said section.d. CCCC Water Body D is located in theSE1/4 of the SW1/4 of Section 27, T4S,R67W of the 6th P.M. The “center point”of the body of water (to the extent thatsuch a point can be defined) is approxim-ately 40 feet north of the south line of saidsection and 1000 feet west of the east lineof the SW1/4 of said section. e. CCCCWater Body E is located in the SE1/4 ofthe SW1/4 of Section 27, T4S, R67W ofthe 6th P.M. The “center point” of thebody of water (to the extent that such apoint can be defined) is approximately 468feet north of the south line of said sectionand 966 feet west of the east line of theSW 1/4 of said section. f. CCCC WaterBody F is located in the SE1/4 of theSW1/4 of Section 27, T4S, R67W of the6th P.M. The “center point” of the body ofwater (to the extent that such a point canbe defined) is approximately 829 feetnorth of the south line of said section and849 feet west of the east line of the SW1/4of said section. g. CCCC Water Body G islocated in the SE1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 951 feet north of the southline of said section and 1160 feet west ofthe east line of the SW1/4 of said section.h. CCCC Water Body H is located in theNW1/4 of the SW1/4 of Section 27, T4S,R67W of the 6th P.M. The “center point”of the body of water (to the extent thatsuch a point can be defined) is approxim-ately 966 feet south of the north line of theSW1/4 and 999 feet east of the west lineof said section. i. CCCC Water Body I islocated in the SW1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 1282 feet north of the southline and 477 feet east of the west line ofsaid section. j. CCCC Water Body J islocated in the SW1/4 of the SW1/4 of Sec-tion 27, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 171 feet north of the southline and 282 feet east of the west line ofsaid section. k. CCCC Water Body K islocated in the NW1/4 of the NW1/4 of Sec-tion 34, T4S, R67W of the 6th P.M. The“center point” of the body of water (to theextent that such a point can be defined) isapproximately 412 feet south of the northline of said section and 18 feet west of theeast line of the NW1/4 NW1/4 of said sec-tion. l. CCCC Water Body L is located inthe NW1/4 of the NW1/4 of Section 34,T4S, R67W of the 6th P.M. The “centerpoint” of the body of water (to the extentthat such a point can be defined) is ap-proximately 197 feet south of the northline of said section and 281 feet west ofthe east line of the NW 1/4 NW1/4 of saidsection. 4.2.1.4 East Wabash Alluvial Un-derground Storage Structure, to be loc-ated in the alluvium beneath portions ofthe Cherry Creek Country Club GolfCourse. The East Wabash Alluvial Under-ground Storage Structure to be located inportions of Sections 27, 28, 33, and 34 ofT4S, R67W of the 6th P.M. The capacityof water diverted into storage pursuant tothe conditional water rights decreed inCase No. 94CW266, as amended by thedecree in Case Nos. 03CW126 and04CW344, will not exceed 419 acre-feet.4.2.2 Source: Water diverted from CherryCreek and its alluvium and surface watertributary thereto. Water will be diverted in-to the Storage and Recharge Structuresthrough the following structures: 4.2.2.1Parker-Iliff Storm Line Diversion Pipeline,with a point of diversion located in theNW1/4 of the SW1/4 of Section 27, T4S,R67W, 6th P.M. at a point located approx-imately 2720 feet south of the north lineand 880 feet east of the west line of saidsection, said point being on the south sideof Iliff Avenue and west of the HighlineCanal. Capacity 165.0 cfs. 4.2.2.2 Wa-bash Diversion Pipeline, with a point of di-version located in the NW1/4 of theNW1/4 of Section 34, T4S, R67W, 6thP.M. at a point on Cherry Creek locatedapproximately 530 feet south of the northline and 820 feet east of the west line ofsaid section. Capacity 40.0 cfs. 4.2.2.3ALV-1 Pipeline, the source being CCVALV-1.Capacity 2.23 cfs. CCVALV-1: Ori-ginal location decreed in Case No.90CW218(A): In the SE1/4NW1/4, sec-tion 28, T4S, R67W, 6th PM, ArapahoeCounty at a point 2500 feet from the northline and 2500 feet from the west line; CCVALV-1 changed location decreed in CaseNos. 03CW126 and 04CW344: At a pointin the NW1/4 of the SE1/4, Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 2300 feet from the southsection line and 2000 feet from the eastsection line. 4.2.2.4 ALV-2 Pipeline, thesource being CCV ALV-2. Capacity 2.23cfs. CCVALV-2: Original location de-creed in Case No. 90CW218(A): In theNE1/4SE1/4, section 28, T4S, R67W, 6thPM, Arapahoe County at a point 1350 feetfrom the south line and 880 feet from theeast line; CCV ALV-2 changed locationdecreed in Case No. 11CW29: At a pointin the SE1/4 of the SE1/4 of Section 28,T4S, R67W, 6th P.M., Arapahoe County,approximately 548 feet from the southsection line and 540 feet from the eastsection line. 4.2.2.5 ALV-3 Pipeline, thesource being CCV ALV-3. Capacity 2.23cfs. CCVALV-3: Location decreed inCase No. 90CW218(A): In theSE1/4NE1/4, section 28,T4S, R67W, 6thPM, Arapahoe County at a point 2550 feetfrom the north line and 1300 feet from theeast line. 4.2.3 Amount: 419 acre feet,conditional, diverted at a maximum rate of211.69 cfs, for all reservoirs and storageand recharge structures, together with therights (1) to fill and refill said structureswhenever the water rights decreed hereinare either in priority or are being augmen-ted and (2) to fully consume all waterslawfully placed into the individual struc-tures which make up the system. In CaseNos. 03CW126 and 04CW344, 83 acre-feet was previously made absolute for ir-rigation and recreation uses. 4.2.4 Appro-priation Date: October 18, 1994. 4.2.5 Useof Water: All municipal purposes in whatis referred to as the District’s “SeparateWater System,” (defined as all of the wa-ter available to and used by the Districtfrom its wells CCV ALV 1, 2, and 3 andthe 6.0 cfs exchange and irrigation returnflow credits decreed in Case No.90CW218(A); the Denver Basin wells de-creed in Case Nos. 87CW31(A) and (B);the Wabash Effluent Exchange and Wa-bash Consumable Return Flows Ex-change, both originally decreed in CaseNo. 94CW266, the Wabash Storage andRecharge System originally decreed inCase No. 94CW266 and the water rightswhich are the subject of the decree inCase Nos. 03CW126 and 04CW344 andthe decree in Case No. 11CW29. TheDistrict’s Separate Water System does notinclude any water supplied to the Districtby the Denver Water Department pursu-ant to its Water Service Agreement (Mas-ter Meter)), including but not limited to do-mestic, irrigation, commercial, industrial,recreation, and fish and wild life preserva-tion; augmentation, replacement and ex-change; and artificial recharge of the allu-vium of Cherry Creek and of those por-tions of the Denver, Arapahoe and Laram-ie-Fox Hills aquifers underlying the Dis-trict. 4.3 Wabash Effluent Exchange: 4.3.1Legal Description of Exchange Reach:The downstream terminus of the ex-change is the outfall of the MetroWastewater Reclamation District Treat-ment Plant located in the SW1/4NW1/4,Section 1, T3S, R68W of the 6th P.M.Water may be exchanged up the SouthPlatte River to the confluence of the SouthPlatte River and Cherry Creek and thenceup Cherry Creek to the Parker-Iliff StormLine Diversion Pipeline, the Wabash Di-version Pipeline, and Well Nos. CCV ALV1-3 and into the structures which com-prise the Wabash Storage and RechargeSystem. 4.3.2 Amount: 6 cfs, conditional,but in no event will the total effluent ex-change for the Wabash Effluent Ex-change and the exchange decreed in90CW218(A) exceed 6.0 cfs. 4.3.3 Appro-priation Date: October 18, 1994 4.3.4Source of Replacement Water: Reusablewastewater effluent attributable to the Dis-trict’s Separate Water System releasedfrom the Metro Wastewater ReclamationDistrict Treatment Plant. 4.3.5 Use: Allmunicipal purposes in the District’s Separ-ate Water System, including but not lim-ited to domestic, irrigation, commercial, in-dustrial, recreation, and fish and wild lifepreservation; augmentation, replacement,and exchange; and artificial recharge ofthe alluvium of Cherry Creek and of thoseportions of the Denver, Arapahoe, andLaramie-Fox Hills aquifers underlying theDistrict with the right to use and reuse thewater exchanged to extinction. 4.4 Wa-bash Consumable Return Flows Ex-change: 4.4.1 Legal Description of Ex-change Reach: The downstream ter-minus of the exchange reach is the pointat which Cherry Creek crosses the SE1/4SE1/4 of Section 18, T4S, R67W of the6th P.M. The upstream termini will be theParker-Iliff Storm Line Diversion Pipeline,the Wabash Diversion Pipeline, and WellNos. CCV ALV 1-3 which will deliver wa-ter into the structures which comprise theWabash Storage and Recharge System.4.4.2 Source of Exchanged Water: Con-sumable/reusable irrigation return flowsattributable to the District’s Separate Wa-ter System. 4.4.3 Date of Appropriation:October 18, 1994. 4.4.4 Rate of Ex-change: 3.5 cfs, conditional. 4.4.5 Use ofWater: All municipal purposes in the Dis-trict’s Separate Water System, includingbut not limited to domestic, irrigation, com-mercial, industrial, recreation, and fish andwild life preservation; augmentation, re-placement, and exchange; and artificial re-charge of the alluvium of Cherry Creekand of those portions of the Denver, Ar-apahoe, and Laramie-Fox Hills aquifersunderlying the District with the right to useand reuse the water exchanged to extinc-tion. APPLICATION FOR FINDING OFREASONABLE DILIGENCE 5. This Ap-plication for Finding of Reasonable Dili-gence is filed pursuant to the Water RightDetermination and Administration Act of1969, Sec. 37-92-302, C.R.S. 6. Duringthis diligence period, in continuing the de-velopment of the conditional water rights,the District has been engaged in the legaldefense and protection of said water rightsand has been diligent in the continued useand development of the water rights in-volved, including expenditures for legal,consulting, engineering, construction andmaintenance work. The District is theowner of other water rights which are partof an integrated and unified water supplysystem. Work completed on any part ofthe unified system is considered to be dili-gence for these conditional water rights.These activities include, but are not lim-ited to, the following: 6.1 The District’sWabash Project is comprised of the condi-tional water rights that are the subject ofthis application, an augmentation plan, theCCV ALV 1, 2 and 3 wells water rightsand other water rights described in the de-cree in Case No. 11CW29. The Districtpursued to decree Case Nos. 03CW126and 04CW344, which made a portion ofthe Wabash Storage and Recharge Sys-tem conditional water right absolute, ap-proved changes of water rights and condi-tional water rights and amended the aug-mentation plan for the CCV ALV 1, 2 and3 Wells and Wabash Storage and Re-charge System to further refine the Wa-bash Project. This amendment added un-derground storage to the Wabash Project,additional sources of augmentation waterand additional augmented points of diver-sion. 6.2 The District pursued to decreeCase No. 90CW218(B), which approvedan additional source of augmentation wa-ter for its augmentation plan for the CCVALV 1, 2 and 3 Wells and Wabash Stor-age and Recharge System. 6.3 The Dis-trict planned, filed, and pursued to decreeCase No. 11CW29, which changed waterrights and amended its augmentation planto conform to the new location of the CCVALV-2 alluvial well. 6.4 The District con-structed the CCV ALV-1 well, obtained thewell permit, performed a pump test andprepared the well completion report. 6.5The District constructed four monitoringwells required pursuant to the terms of theCase No. 11CW29 decree. 6.6 The Dis-trict’s consultants developed annual sub-stitute water supply plan approval and re-newals while Case Nos. 03CW126 and04CW344 and Case No. 11CW29 werepending. 6.7 The District’s consultant pre-pared weekly diversion, replacement wa-ter and plan for augmentation accounting,and monthly and annual reports submit-ted to the Office of the State Engineer. 6.8The District’s consultant prepared period-ic updates to the accounting form for theconditional water rights that are the sub-ject of this case and the Wabash Project.6.9 Stormwater facilities have been con-structed, including installation of pipelinesand a detention pond facility. 6.10 TheDistrict’s consultants have prepareddesign materials and engineering studiesassociated with water rights that are com-ponents of the Wabash Project, includingthe ALV-1 well and Wabash Storage andRecharge System. 6.11 The District hasundertaken pre-application review discus-sions for land use permits with ArapahoeCounty and has engaged in discussionswith DRMS regarding Wabash Projectreservoir design plans. 6.12 Additionalmiscellaneous work and expenditures in-cluding maintenance of Wabash Projectfacilities and construction of improve-ments to an access road for the WabashProject. 6.13 Expenditures for develop-ment, design, engineering, construction,legal defense and protection of these con-ditional rights and related parts of the Dis-trict’s integrated system were at least$602,618.00. 6.14 The District divertedand beneficially used water under the wa-ter right for the ALV-2 well, up to a maxim-um of 120 g.p.m. 6.15 During the dili-gence period, legal counsel for the Dis-trict has reviewed the resume of applica-tions as published by the Water Clerk forWater Division 1 and advised the Districtwhether Statements of Opposition need tobe filed to protect the water rights. 6.16Protection of water rights by opposition towater court applications for competing wa-ter rights, exchanges and augmentationplans. 6.17 The District has incurred addi-tional expenses for legal, consulting, andengineering work related to the project.6.18 The work and expenditures listedabove are illustrative and not exhaustive.Additional work and additional or revisedexpenditures may be claimed in support ofthis application. 7. Names and addressesof owners of land upon which structure forthe water right is located: 7.1 West Wa-bash Storage & Recharge Structure andWest Wabash Alluvial Underground Stor-age Structure: Applicant 7.2 East Wa-bash Storage and Recharge StructureEast Wabash Alluvial Underground Stor-age Structure Parker-Iliff Storm Line Di-version Pipeline Wabash DiversionPipeline: Los Verdes III, LLC, 2405 S.Yosemite St., Denver, CO 80231-4269.7.3 ALV-1 and ALV-3 Wells: Applicant 7.4ALV-2 Well: Denver Water, 1600 W. 12thAvenue, Denver, CO 80204-3412. 7.5Wastewater outfall: MetropolitanWastewater Reclamation District, 6450York Street, Denver, Colorado 80229.WHEREFORE, Applicant prays that thisCourt enter a decree finding that Applic-ant has exercised reasonable diligence inthe development of the remaining condi-tional water rights, continuing the remain-ing conditional water right, and for suchother and further relief as this Courtdeems just and proper in the premises.(12 pages)




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“Trust Us!”

Noticesaremeant tobenoticed.Readyourpublicnoticesandget involved!

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


23

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CITY OF SHERIDANNOTICE OF ADOPTION

OF ORDINANCE

On the 12th day of June, 2013, the CityCouncil of the City of Sheridan, Colorado,approved on final reading the following Or-dinance:

ORDINANCE NO. 4-2013

AN ORDINANCE OF THE CITY COUN-CIL OF THE CITY OF SHERIDAN, COL-ORADO, AMENDING ARTICLE III OFCHAPTER 22 REGARDING THE REGU-LATION OF PAWNBROKERS

Copies of aforesaid Ordinance are avail-able for public inspection in the office ofthe City Clerk, City of Sheridan, 4101South Federal Blvd., Sheridan, Colorado.


Public Notice

CITY OF SHERIDANNOTICE OF ADOPTION

OF ORDINANCE

On the 12th day of June, 2013, the CityCouncil of the City of Sheridan, Colorado,approved on first reading the following Or-dinance:

ORDINANCE NO. 5-2013

AN ORDINANCE OF THE CITY COUN-CIL OF THE CITY OF SHERIDAN, COL-ORADO, AMENDING ARTICLE 17 “F” OFCHAPTER 56 OF THE SHERIDAN MUNI-CIPAL CODE PERTAINING TO FLOOD-PLAIN OVERLAY DISTRICT REGULA-TIONS



Government Legals

AN ORDINANCE OF THE CITY COUN-CIL OF THE CITY OF SHERIDAN, COL-ORADO, AMENDING ARTICLE 17 “F” OFCHAPTER 56 OF THE SHERIDAN MUNI-CIPAL CODE PERTAINING TO FLOOD-PLAIN OVERLAY DISTRICT REGULA-TIONS



Public Notice

City of Sheridan

The City of Sheridan is soliciting propos-als from qualified contractors for thecollection of single-family residentialtrash and recyclable materials (i.e. refuse)collection services.

Request for Proposal (RFP) packets areavailable at the City of Sheridan, 4101 S.Federal Blvd. Sheridan, CO, 80110 (Tele-phone 303-762-2200). Completed RFPsubmittals are due to the City by 5:00 p.m.on Monday, July 15, 2013. The City willhold a pre-bid meeting to answer ques-tions regarding the RFP at 3:00 p.m.,Thursday, June 27, 2013 at Sheridan CityHall, 4101 S. Federal Blvd., Sheridan, CO80110. All questions must be submittedin advance (no later than June 25), viaemail to Devin Granbery, City Manager [email protected].


PUBLIC NOTICE

NOTICE TO CREDITORSEstate of William Casey Dunn, a/k/a W. Casey Dunn, a/k/a Casey Dunn,

Deceased Case Number: 2013 PR 739

All persons having claims against the above-named estate are required to present them to the Personal Representa-tive or to the District Court of Arapahoe County, Colorado on or before October 7, 2013 or the claims may be forever barred.

Stacey DunnPersonal Representativec/o Hall & Evans, LLC.1125 17th Street, Suite 600Denver, CO 80202


Notice To Creditors

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

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

THERE ARE MANY QUESTIONS YOU SHOULD ASK YOUR LASIK SURGEON. “DO YOU OFFER INSTANT REBATES?” SHOULDN’T BE ONE OF THEM.

At University of Colorado Eye Centers, we are committed to providing our patients with the highest-quality comprehensive eye care in the region. So unlike many community LASIK clinics, we won’t be giving you a free f lat screen TV or a “too good to be true” sales offer. You will have peace of mind knowing that your eyes are in qualif ied, experienced hands with our cornea fellowship trained surgeons, and access to the world’s most advanced eye care technolog y and research.

Call us now: 720-848-2020

8080 Park Meadows Drive, Lone Tree CO 80124

uch.edu/eyes

EYE CENTER PARK MEADOWSPark Meadows

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Thornton

Denver

Northglenn

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How you can help wildfire victimsAs wildfires force widespread evacua-

tions in Colorado and leave many families homeless, there are ways you can help:

• American Red CrossThe American Red Cross is offering di-

saster relief, including emergency shelters. To donate, go to www.redcross.org/co/den-

ver or call 1-800-REDCROSS (1-800-733-2767).

The Red Cross currently has enough vol-unteers to meet its needs, but will update if circumstances change. If you are interested in becoming a volunteer, go to www.red-cross.org/co/denver/volunteer to apply.

• Pikes Peak Community FoundationThe Pikes Peak Community Foundation

has launched the Emergency Relief Fund for the Pikes Peak Region to benefit nonprofits, first responders and other agencies pro-viding local disaster relief. To donate, go to www.ppcf.org/products/emergency-relief.

• Humane Society of the Pikes Peak Re-gion

The Humane Society of the Pikes Peak Region’s emergency support fund helps families and their animals during disasters. To donate, go to www.hsppr.org/disaster-donation.

24-Life-Color

South Metrolife24 Englewood HeraldJune 21, 2013

Chefs ready, grilling, able

Fifteen Denver-area chefs were fired up June 12 to compete for top slider honors during the fifth annual Hot Rocks Griller Challenge at Elway’s Cherry Creek, a ben-efit for the Denver Health Foundation.

Roughly 1,000 attendees scarfed down sliders made from between-the-bun in-gredients that varied from wild boar (Elise Wiggins, Panzano) to country ham with pickled green tomato (Jennifer Jasinski, Rioja, Bistro Vendome, Euclid Hall) to grilled watermelon (Paul Reilly, Beast + Bottle).

The winners of the slider smackdown were determined by popular vote as well as chefs’ choice.

People’s choice:First — Tyler Wiard and Aniedra Nich-

ols of Elway’s Cherry Creek.Second — Troy Guard of TAG, TAG Raw

Bar and TAG Burger Bar.Third — Steve Ballas of Steve’s Snappin’

Dogs.Chefs’ choice:First — Troy Guard.Second — Max MacKissock of Squeaky

Bean.Third — Jennifer Jasinski of Rioja, Bis-

tro Vendome and Euclid Hall.Worth noting: I’ve attended all five

Hot Rocks events, and this year the chefs kicked it up a notch on the side dishes that accompanied the sliders.

Standouts included Guard’s five-grain salad, Robert Bogart’s (Elway’s Downtown) potato and black bean salad (I heard one slider slurper say, “I wish I could buy that stuff!”), Reilly’s braised collard greens and Jasinski’s mixed melon salad.

Hollywood transforms DenverDid the Paramount Theatre, downtown

Denver’s historical performance center, change its name to Paramount New York? It did for one day.

On June 12, Hollywood moved east to the Mile High City to shoot the feature film “Dear Eleanor,” starring Jessica Alba, Luke Wilson, Paul Johansson, Ione Skye, Patrick Schwarzenegger and Isabelle Fuhrman.

The production caused quite a stir among downtown workers and passersby who spotted the new name on the mar-quee as well as all the vintage automobiles parked along Glenarm Place.

The storyline follows two best friends who travel cross-country in the 1960s to meet Eleanor Roosevelt.

Other Denver venues playing cameo roles in the movie are LoDo and the Mayan Theater. One local notable who landed a part in the film is Rekha Ohal, the exotic and lovely piano player who is a regular at Elway’s Cherry Creek.

Ohal posted on her Facebook page: “My gig today: playing the part of a piano player in 1962 for a movie that’s being filmed in Denver. At least I know how to play the piano! The rest I’ll have to figure out as I go along.”

Penny Parker’s “Mile High Life” column gives insights into the best events, restaurants, businesses, parties and people throughout the metro area. Parker also writes for Black-tie-Colorado.com. You can subscribe and read her columns (Monday, Wednesday and Friday) at www.pennyparker.blacktie-colo-rado.com. Send her Mile High Life column tips and eavesdroppings at [email protected] or at 303-619-5209.

Nick Cave introduces ‘Sojourn’ in DenverBy Sonya [email protected]

It’s colorful, whimsical, en-gaging, multi-sensory, mind-bending …. Internationally ac-claimed artist Nick Cave was in Denver to introduce his new ex-hibit, “Sojourn,” at the Denver Art Museum through Sept. 22.

It’s a major piece of the campus-wide “SPUN,” a multi-faceted look at textiles, tied in with the opening of new textile galleries on the sixth floor of the North Building.

The ebullient Cave led a walk through the exhibit on June 6, offering some insight on how he thinks to assemble an aston-ishing collection of sculptural works, which often start with a thrift store or flea market find. He continually visits these mar-kets around the world.

To the left of the entrance to the second-floor Anschutz Galleries is a screen showing dancers in Cave’s trademark bodysuits. The entry and first gallery are wallpapered in a bright red design, created with images of the colorful vin-tage ceramic birds that inhabit Cave’s world. An antique bap-tismal font is the basis for a sculptural piece, topped with a fantastic branching structure filled with birds, flowers and miscellany.

Next is a long, narrow gallery connected by a wall and canopy of button-covered screen — each button sewn on individu-ally, by hand. A platform runs the length of the gallery, carry-ing figures in white bodysuits — each different, most covered with buttons. The face on one is made from a burial wreath

found at a Paris flea market. “The button is a way of embel-lishment, a way of adorning the body,” Cave observed.

Craftsmanship is meticulous throughout the exhibit. Cave has about eight assistants who come with the needed skills to the studio in the loft building where he lives, and he contracts with fabricators in the Chicago area who understand his meth-ods and design sense. Materials include fabrics, metals, knick-knacks, wood, furniture pieces and much more. “The level of

commitment to quality is the way I feel the work has to be handled,” Cave said.

Next, viewers see a huge tonga, a round piece, called “Constellation,” created from black, sparkly bits of sweat-ers and other garments, sewn together and stretched on a frame. He was thinking of child-hood nights on the farm where he and his six brothers would lie on their backs looking at the starry sky.

A departure from the trade-mark Soundsuits — wearable

fabric sculptures — is a series he calls “Rescues.” It opens a “new vocabulary and another form of commitment.” It start-ed with finding a large white ceramic poodle — his assistant Bob Faust saw it — and then they found a regal plaster Do-berman. “We’ve got to find a gold sofa,” Cave decided, and tells of asking a shop owner if he could bring his dog in to try it out. That Doberman is in the show with an arched canopy in-cluding a chandelier, branches, flowers and more — as are five other dogs and a monkey — all rescued and in protective spac-es.

A series of four huge “paint-ings” appear together, also as-semblages of many objects and each backed by an afghan. “I was thinking about fashion, the opulence of life — just glam. Then the more mystical and magical …”

Another installation of multi-colored and textured Soundsuits on a platform led to his comment that “this is my playground.”

Each is distinctive and all can be worn. They “evolve in the studio from textiles sought out around the world.”

Finally, the viewer enters “Drive By,” a darkened room with videos of dancers in Soundsuits and images of his often-used crocheted doilies on the floor. (We observed delight-ed children trying to hop from one to another. This exhibit is a wonderful introduction to art for young ones.)

Bodysuits made of white materials are installed under a canopy of buttons in the Denver Art Museum’s “Sojourn” exhibit by artist Nick Cave. Courtesy photo

Nick Cave is an internationally known artist. Courtesy photo by James Prinz Photography

Sculpture, fashion, performanceif you go

“Sojourn” is on the second floor of the Hamilton Building at the DAM through Sept. 22. It is a ticketed exhibition. While there, seek out other elements of the extensive “SPUN.” See denverartmuseum.org or call 720-865-5000.


25-Color

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

Sunday Worship: 10:45AM & 6PMBible 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

Greewood Village

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

worship Time

Welcome Home!Weaving Truth

and Relevance into Relationships and Life

9:00am Spiritual Formation Classes for all Ages

90 east orchard roadlittleton, co

303 798 6387www.gracepointcc.us

10:30AM sundays

To advertise your place of worship in this section,

call 303-566-4091 or email [email protected].

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

303-798-8485

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

Sundays at10:00 am

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

(Across from Murdochs)

You are invitedto worship with us:

Saturday 5:30pm

Sunday 9:30am

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

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

JoyLUTHERAN CHURCH, ELCA

S E r v i C E S :Parker evangelical

Presbyterian churchConnect – Grow – Serve – Love

Sunday Worship8:45 am & 10:30 am

9030 Miller roadParker, Co 80138

303-841-2125www.pepc.org

9300 E. Belleview Ave.Greenwood Village

Colorado 80111303-770-9301 orwww.stplc.org

*ages 3 yrs to those entering 6th grade

Saint Peter Lutheran Church and Rainbow Trail Lutheran Camp

Day Camp 2013August 5 – 8

Fall under sway of island music The Tropical Coyotes band, which

includes keyboard whiz Donna Debre-ceni among its members, will play music ranging from calypso to Jimmy Buffett to other Latin rhythms on the terrace at Lone Tree Arts Center at 8 p.m. June 29. Tickets: $20 (chair), $15 (lawn). 720-509-1000. Lo-netreeartscenter.org.

Elitch Gardens Theatre history“Denver’s Historic Elitch Gardens The-

atre” will be Tom Borrillo’s subject when he speaks at 2 p.m. June 24 at Bemis Library, 6014 S. Datura St., Littleton. The oldest summer stock theater in America, it hosted Colorado’s fi rst motion picture screening in 1905. Many famous actors performed on its stage before it closed in 1987. Restoration efforts are underway again after a lull. For more information, phone 303-795-3961.

‘Architecture: The First Art’Curtis Arts and Humanities Center,

2349 E. Orchard Road, Greenwood Village, opened a show, “Architecture: the First Art” on June 15, running to July 12.

• In conjunction, a panel will discuss ar-chitecture as art, facilitated by Hugh Brown of Davis Partnership at 6:30 p.m. July 10.

• From 10 a.m. to 4 p.m. June 27, a pro-gram for kids: “The Great City: Aerial View of Greenwood Village” will be facilitated by Sarah Yoon.

• Rocky Mountain Brassworks will play a free concert from 6 to 8 p.m. June 22 at Curtis Park, adjoining the center. For more

information, phone 303-797-1779.

Boulder Ballet in Highlands RanchBoulder Ballet brings a family summer

program to Civic Green Amphitheater in Civic Green Park, Highlands Ranch, 9370 Ridgeline Blvd., at 7:30 p.m. June 21. Stay after the show to meet the dancers and let the kids dance on the stage. Free.

Celebrate Denver’s arts communityThe Denver Artists Ball invites artists

from across the metro area to celebrate the Arts from 8 p.m. to 1 a.m. at the Mercury Café, 2199 California St., Denver. Visitors will make artist trading cards, and Andy Rising, of Centennial, will project electroni-cally generated visual imagery through the night. Bands and spoken word performanc-es are planned and food and drink will be available. Organizers are Madeleine Dodge, Evan Siegel and Andy Rising of Spark Gal-lery (Santa Fe Arts District) and musician Reed Weimar and Mercury Café owner Marylin Megenity. Tickets cost $10. Con-

tact: [email protected], or for more information, phone 303-506-6926.

Lunch and Speaker Series“Heroes, Villains, Dames and Disas-

ters” will be author Mike Madigan’s topic at South Suburban Parks and Recration’s Lunch and Speaker Series at Lone Tree Rec-reation Center from noon to 2:30 p.m. June 27. Lunch is by Duffeyroll Café. Registration required: 303-347-5999; event is listed as #722006 on the South Suburban website at sspr.org. Future speakers: Jim Saccomano of the Broncos; John Ostermiller, chairman

of the South Suburban board — plus more in the fall.

‘No Plateaus’The “No Plateaus Art Show” presents

work by students from Shirley Lamb’s week-ly art classes at the Rocky Mountain Stroke Center. The show is at Bemis Library, lower level, 6014 S. Datura St, Littleton. Each clus-ter of paintings includes a photo and short bio of the artist, and the colors are bright and upbeat. The show runs through June during library hours. For more information, phone 303-795-3961.

The Tropical Coyotes will perform at Lone Tree Arts Center’s Tunes on the Terrace on June 29. Courtesy photo

EnglewoodSportS26 Englewood HeraldJune 21, 2013

About 400 attend youth golf programArea athletes among those taking part in Hole-N-OneBy Tom [email protected]

About 30 young athletes from Engle-wood, Littleton, Centennial and other com-munities gathered at assigned stations June 17 for the first session of this summer’s Hole-N-One Youth Program at the Broken Tee at Englewood Golf Course.

The Hole-N-One program is designed to teach golf fundamentals in five, 0ne-hour group lessons for boys and girls ages 4 through 15. The lessons, taught by course personnel or golf professionals, are tailored to the skills and talent levels of each age group.

This is the program’s 14th year and this year more than 400 young golfers signed up.

Melia Gobble watched her daughters begin their lessons and she said her family has been involved in the program for sev-eral years.

“It is a great golf camp to introduce the kids to the fundamentals of the sport,” she said. “My husband and I golf and now, our 8-year-old, Peyden, can go golfing with us.”

She smiles and said Tatem had to try out to get into the program because she is only four years old.

“I like golf,” the four-year-old said. “I like it because it is fun. The thing I like the best is hitting the ball and hitting targets.”

Melia said she has seen her daughter’s golf skills improve, particularly Peyton’s.

“The Hole-N-One program has helped the girls get better at golf,” she said. “The in-structors have them work on basics like hit-ting the ball properly and they practice try-ing to hit a target with their golf shot. It also helps that they are listening to instruction from someone other than their parents.”

Centennial resident Alex Vahle, 13, went to his lesson station to practice chipping the ball onto the green.

“I like golf and I enjoyed watching the U.S. Open on television,” he said. “My 11-year-old brother is in the program, too. It doesn’t get competitive because he is in the program. Instead, I try to help him learn how to be a better golfer because this is the

first year he has been part of the Hole-N-One program.”

He said his dad plays golf and he is look-ing forward to improving his game so he can play golf with his father.

However, he added his brother and his uncle planned to go to the twilight course later this week. He said he thinks that will be fun.

A short distance away, Englewood 9-year-old Toby Grosso reported to his group lesson.

“This is a great program and that is why our family has been involved in the pro-

gram for several years,” his mother, Melisa Grosso, said. “We have three children in the program right now and I think Toby is the one who likes the lesson and the sport of golf the best.”

Toby agreed.“This is my fourth year in Hole-N-One,”

he said. “I like golf because you don’t have to do a lot of running. All you have to do is hit a golf ball and then go and find it. I want to get better because I want to play golf with my dad.”

Bob Spada, golf course manager, said the program is popular with the young athletes

and with their parents. He said the whole idea is to help young people learn the fun-damentals of the game of golf.

“We draw kids from Englewood and Sheridan but we also have kids from Lit-tleton, Centennial plus this year, about 50 of the kids are from Highlands Ranch and Castle Rock,” Spada said. “Some families really like the program. For example, we have families that used to live in Englewood and their son has been in our program for at least nine years. Both he and his young-er brother are back this year although the family has moved to Fort Collins.”

An instructor at Broken Tee at Englewood Golf Course talks to students about the proper grip on a club. The session was part of the June 17 Hole-N-One Program, which teaches golf fundamentals to 5- to 15-year-olds. Photo by Tom Munds

Young players display baseball skillsAbout 30 youngsters join Englewood’s local Rockies Baseball ChallengeBy Tom [email protected]

About 30 boys and girls gathered at Brent Mayne Baseball Fields June 14 for Engle-wood’s local Rockies Baseball Challenge competition.

Youngsters ages 6 through 13 showed how well they could throw for distance and accuracy, hit for distance and how fast they could run from second base to home plate

To make the competition as fair as pos-sible, the players were divided into four age groups, 6- and 7-year-olds, 8- and 9-year-olds, 10- and 11-year-olds and 12- and 13-year-olds.

There were separate competitions in each age group for boys and girls.

The young athletes seek to finish first in their age group in order to earn their way to the sectional competition July 20 at Brent Mayne Field where they will face first-place winners from Challenge competitions held at South Suburban, Foothills and Limon.

Those who place first in their age groups

at the July 20 event will advance to the statewide competition in August at All Star Park in Lakewood.

At the June 14 Englewood event, Lucas Calonder, 7, waited his turn to compete in the Rockies Challenge for the first time.

“I like baseball. I don’t know why, I just like baseball a lot,” Calonder said as he pre-pared to run the bases. “I throw OK but I like hitting the best. I think that is what I do best. This is fun and I like to see what I can do.”

Tyler Simpson sat in the shade to watch his two grandsons take part in the competi-tion.

“Both the boys like baseball and play in the Englewood league. They decided they wanted to try this competition this year so I agreed to bring them to the site,” Simpson said.

“It is fun to watch the kids do these chal-lenges. Some are obviously just having fun and others are really serious about this event. I think it is good that Englewood has this local competition so kids can see how they match up with other kids their age.”

The expression on Isaac Medrano’s face showed his concentration as he ran the 180 feet from second base to home plate as quickly as possible.

“Today was pretty easy and it was fun,” the boy said after completing the run. “I like

baseball and I’m on the Texas Rangers team in the Englewood Arapahoe League.”

The 11-year-old said he liked hitting the ball the best but figured he did pretty well on all three challenges.

When the results of each of the three skill challenges were computed, this year’s win-ners were:

BoysAges 6-7 — Lucas CalonderAges 8-9 — Ty JenningsAges 10-11 — Isaac MedranoAges 12-13 — Johnny MontoyaGirlsAges 8-9 — Ashlee UrrozAges 10-11 — Alyssa Nuanez

Lucas Calonder, 7, throws for distance and accuracy in Englewood’s local Rockies Baseball Challenge. The 7-year-old won his age group at the June 14 event. Photo by Tom Munds


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Located on the grounds of Cherry Hills Community Church in Highlands Ranch, and overlooking the majestic Rocky Mountains, The Memorial Garden accepts cremated remains in niches or a common urn. Cherry Hills is committed to serving our community by offering peace of mind through a loving and integrated approach to end of life care.

Please contact at 303.325.8306 for more information or to schedule a tour.

chcc.org/MemorialGarden

Young players display baseball skills

BoysAges 6-7 — Lucas CalonderAges 8-9 — Ty JenningsAges 10-11 — Isaac MedranoAges 12-13 — Johnny MontoyaGirlsAges 8-9 — Ashlee UrrozAges 10-11 — Alyssa Nuanez

Through June 21; July 19-20QUILT 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, along with 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 24BLOOD DRIVE. Development Pathways community blood drive is from 10 a.m. to 3:30 p.m. June 24 inside Bon� ls’ mobile bus located at 325 Inverness Drive South, Englewood. For infor-mation or to schedule an appointment, contact Karen Gallagher at 303-858-2017 or [email protected].

June 26BLOOD DRIVE. Baxter Englewood community blood drive is from 8 a.m. to 1:30 p.m. June 26 inside Bon� ls’ mobile bus at 9540 S.

Maroon Circle, Ste. 400, Englewood. For informa-tion or to schedule an appointment, contact Mark Miller at 303-617-2156 or [email protected].

June 28AFFIRMATIVE ACTION. As the Supreme Court prepares to rule on the constitu-tionality of a� rmative action in the area of higher education admissions, join Active Minds for an in-depth look at the origins, history, and future of a� rmative action in the United States. Born out of the legacy of slavery in the United States, af-� rmative action has been a part of our culture for

decades. Proponents claim it is necessary to even the playing � eld given past disadvantages while others argue that it just creates a new uneven playing � eld. We will examine both these argu-ments and more as we attempt to understand this complicated and important issue. Program is from 10-11 a.m. June 28 at Malley Senior Center, 3380 S. Lincoln St., Englewood. Program is sponsored by JFS At Home. RSVP at 303-762-2660; if parking in the lot, get pass from inside the center.

June 29HEALTH EXPO. Life Energy Source LLC

hosts a free health and wellness expo is from 10 a.m. to 4 p.m. June 29 at 4420 S. Pearl St., Englewood. Come for a day full of information and personal care. The event is free, but any reading or treatment from attending practitioners will have a fee. A group meditation will be o� ered at noon and again at 2 p.m. Call 303-762-8866.

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

Used-bike program picks up speed Project ReCycle able to expand in new space By Deborah Grigsby [email protected]

As Alberto Stapleton walks across the fl oor of an empty warehouse, his tall, sturdy frame seems to disappear in the vast space.

“This is a long ways from the eight stor-age units we used to have to work out of in Littleton,” said Stapleton. He serves as ex-ecutive director of Project Recycle, a charity organization founded in 2008 that repairs donated bicycles and puts them in the hands of those less fortunate.

Stapleton said the space, donated by the private developer who owns the building, has added momentum and reach to the group’s mission.

“We were actually surprised when we pulled all the bikes out of storage and set them up,” he said. “We had no idea how many we had because they were all stuffed into these public storage units, but now, we see how much more we have to give.”

The group moved into the space at 13796

Compark Blvd. in unincorporated Douglas County in October. Stapleton said the extra breathing room has fostered the addition of nine new bicycle repair stations, and the creation of a new resale shop called The Kick Stand.

While Project Recycle accepts bike do-nations of all makes, models and condition, some are not always a good for kids or the average rider, according to Stapleton.

Higher-end bikes, such as those with specialized frames or those that may have a higher resale value, are sold, and the pro-ceeds go back into Project Recycle.

But Stapleton said the new space is just the beginning of bigger things to come.

“The bikes aren’t always just for kids,” he explained. “We have a lot of bikes for par-ents as well. Some need them to get to and from work or the bus; others often ride with their kids.”

Project Recycle, which has given away more than 3,000 bikes since its inception, is looking at expansions into Castle Rock, Colorado Springs and New Mexico.

Among Project ReCycle’s biggest needs right now is a pickup truck to pull a small covered trailer.

“We’ve got a lot of work ahead of us be-fore that happens,” Stapleton said. “But it’s worth it, when you see that smile on a kid’s

face. That’s what makes it all worthwhile.”For more information, visit Project Re-

Cycle online at www.projectrecycle.org.

Alberto “AJ” Stapleton stands among more than 1,000 donated bicycles at Project ReCycle’s new location at 13796 Compark Blvd. in unincorporated Douglas County. A Texas developer donated the 21,000-square-foot space where the charity now houses its repair shop, inventory and resale shop called “The Kick Stand.” Photo by Deborah Grigsby

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