September, 2000 Resume Page 1 - CO Courts · Pursuant to CRS, 37-92-302, you are hereby notified that the following pages to comprise a resume of applications and amended applications

September, 2000 Resume Page 1

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TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1:Pursuant to CRS, 37-92-302, you are hereby notified that the following pages to comprise a resume ofapplications and amended applications filed in the office of the Water Clerk for Water Division No. 1during the month of September, 2000.

2000CW153 GABRIELLE MAHER, PO Box 654, Gunnison, CO 81230. SHEILA MAHER, 623Aspen Drive, Bailey, CO 80421. JEANNE SCHRAY, 721 Highland Ave., Bethlehem, PA 18018.Application for Underground Water Right, IN PARK COUNTY. Well is located in S33, T8S, R76W, 6th

P.M., a/k/a Block 19, Lot 05 and S2 of Lot 4, R507015, TR99. Source: Groundwater Appropriation:1935 Amount claimed: 6 gpm Proposed use: Household use-second home. Claim any grey water used. (2pages)

2000CW154 TINA J. JACOBSON, 45245 Coal Creek Road, Parker, CO 80138. Application forWater Rights (Surface), IN ELBERT COUNTY. Jacobson Spring is located at a point which is 760’from the S section line and 1200’ from the W section line in the N1/2SW1/4SW1/4, S14, T6S, R65W, 6th

P.M. Source: Spring is tributary to Coal Creek which is tributary to S Platte River. Appropriation:3/22/00 Amount claimed: 0.1 cfs (CONDITIONAL) Use: Stock watering, irrigation, recreation, domestic,fire protection. 20 acres proposed to be irrigated in the N1/2SW1/4SW1/4, S14, T6S, R65W, 6th P.M.Application for Water Storage Right, IN ELBERT COUNTY.: Great Piney pond is located at a pointwhich is 760’ from the S section line and 1200’ from the W section line in the N1/2SW1/4SW1/4, S14,T6S, R65W, 6th P.M. Source: Jacobson Spring which is tributary to Coal Creek which is tributary to theSouth Platte River. Coal Creek is also a source as is runoff water. Appropriation: 3/22//2000 Amountclaimed: Jacobson Spring 0.1 cfs (CONDITIONAL); Coal Creek 1.0 cfs (CONDITIONAL); Run off 5.0cfs (CONDITIONAL). Use or proposed use: Stock watering, irrigation, recreation, domestic fireprotection with irrigation of 20 acres in the N1/2SW1/4SW1/4, S14, T6S, R65W, 6th P.M. Total capacityof reservoirs in acre feet: 1 acre footApplication for Underground Water Right., IN ELBERT COUNTY. Well No. 052736-F is located inthe located in the SW1/4SW1/4, S14, T6S, R65W, 6th P.M., 990’ from the S section line and 820’ from theW section line. Source: Denver Aquifer Depth: 480-1365’ Appropriation: 9/29/99 Amount claimed: 15gpm (CONDITIONAL) (12 a/f annually) Proposed use: Livestock watering, irrigation, recreation,domestic, fire protection with irrigation of 20 acres in the N1/2SW1/4SW`1/4, S14, T6S, R65W, 6th P.M.,and irrigation of 1 acre of lawn and gardens. (4 pages)

2000CW155 FOREVERGREEN TRUST, Pennmark Management Company, Inc., 1000Germantown Pike, Suite A-2, Plymouth Meeting, PA 19462. Application for Underground Water Right,IN CLEAR CREEK COUNTY. Well #210749 is located in the SE1/4NE1/4, S4, T4S, R72W, 6th P.M.,4300’ from S section line and 700’ from E section line, a/k/a Lot 10, Filing 4, Saddleback Ridge EastSubdivision. Source: Groundwater Depth: 700’ Appropriation: 6/19/1998 Amount claimed: 2.3 gpmUse: Ordinary household purposes inside one (1) single family dwelling. (2 pages)

2000CW156 CONCERNING THE APPLICATION FOR WATER RIGHTS OF MBELIMITED PARTNERSHIP AND CRYSTAL VALLEY RANCH DEVELOPMENT,APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY ANDNONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, INTHE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOXHILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN DOUGLASCOUNTY. 1. Name, Address, Telephone Number of Applicants: MBE LimitedPartnership and Crystal Valley Ranch Development Company, c/o 405 S. Wilcox Street,#110, Castle Rock, Colorado 80104 (303) 814-6862 (Holly I. Holder, Holly I. Holder,P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits:Well permits will be applied for prior to construction of the wells. 3. Legal Description ofWells and Subject Property: The wells which will withdraw groundwater from the notnontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe andLaramie-Fox Hills aquifers will be located at any location on approximately 200 acres ofland located in the E1/2E1/2NW1/4 and the NE1/4 of Section 36, T8S, R67W of the6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water


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Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquiferis not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. Thegroundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S.5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subjectamounts of groundwater at rates of flow necessary to efficiently withdraw the entiredecreed amounts. Applicants will withdraw the subject groundwater through wells tobe located at any location on the Subject Property. Applicant may also withdraw thewater in combination with the same type of water located under an adjacent parcel ofland as decreed in Case No. 98CW298. Applicants waive any 600 foot spacing rule asdescribed in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. Theestimated average annual amounts of withdrawal available from the subject aquifers asindicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicantsestimate the following annual amounts are representative of the Dawson, Denver,Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated AnnualAquifer Thickness AmountUpper Dawson 60 feet 25 acre-feetLower Dawson 45 feet 17 acre-feetDenver 385 feet 130 acre-feetArapahoe 375 feet 125 acre-feetLaramie-Fox Hills 175 feet 50 acre-feetThe average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicants and representsa claim to all nontributary and not nontributary groundwater underlying the SubjectProperty. 6. Well Fields: Applicants request that this Court determine that Applicantshave the right to withdraw all of the legally available groundwater lying below theSubject Property, through the wells requested herein, which may be located anywhereon the Subject Property, and any additional wells which may be completed in the futureas Applicants' well fields. As additional wells are constructed, applications will be filedin accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all waterwithdrawn from the subject aquifers in a water system to be used, reused, successivelyused, leased, sold, or otherwise disposed of for the following beneficial purposes:municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational,fish and wildlife, and fire protection uses. Said water will be produced for immediateapplication to said uses, both on and off the property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resultingfrom the use of water from other sources, and for augmentation purposes. 8.Jurisdiction: The Water Court has jurisdiction over the subject matter of thisapplication pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of planfor augmentation: A. Groundwater to be augmented: All of the Upper Dawson aquifergroundwater requested herein as described in paragraph 5 above. Applicants reservethe right to increase or decrease this amount without amending this application orrepublishing the same. B. Water rights to be used for augmentation: Return flows fromthe use of not nontributary and nontributary groundwater and direct discharge ofnontributary ground water. C. Statement of plan for augmentation: Applicants will usethe Upper Dawson water to serve residential lots through individual wells on theSubject Property at rates of flow necessary to withdraw the entire annual amount. Forpurposes of this application, inhouse use will require approximately 0.3 acre-feet peryear per lot, irrigation use will require approximately 0.057 acre-feet per year forirrigation of every 1000 square-feet of home lawn or garden, and stockwatering willrequire approximately 0.05 acre-feet per year for stockwatering of every 4 large domesticanimals. Applicants reserve the right to revise these values without revising orrepublishing this application. Sewage treatment for inhouse use will be provided bynon-evaporative septic systems. Consumptive use associated with in-house use will be


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approximately 10% of water used and it is estimated that approximately 10% of waterused for irrigation will be returned to the stream system. Stockwatering uses will beconsidered to be 100% consumptively used. Before any other type of sewage treatmentis proposed in the future, including incorporation of the lots into a central sewagecollection and treatment system, Applicants, or successors and assigns, will amend thisdecree prior to such change and thereby provide notice of the proposed change to otherwater users by publication procedures required by then existing law.During pumping Applicants will replace actual depletions to the affected stream systempursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur tothe Plum Creek stream system. Return flows from use of the subject water rights viathat stream system will accrue to the South Platte River system, and those return flowsare sufficient to replace actual depletions while the subject groundwater is beingpumped. After the entire amount decreed herein has been withdrawn or after pumpingceases, Applicants will demonstrate that any depletions which may occur to the streamsystems are non-injurious and need not be replaced. However, if the Court finds thatsuch depletions need to be replaced, Applicants will reserve an adequate amount ofnontributary groundwater underlying the Subject Property to meet augmentationrequirements. 10. Remarks: A. Applicants claim the right to withdraw more than theaverage annual amounts estimated in paragraph 5B above pursuant to Rule 8A of theStatewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts ofwater available for withdrawal from the subject aquifers based on estimates of relativevalues for specific yield and saturated thickness, Applicants request the right to revisethe estimates upward or downward, based on better or revised data, without thenecessity of amending this application or republishing the same. C. Applicants willwithdraw the not nontributary Upper Dawson aquifer groundwater requested hereinunder the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S.WHEREFORE, Applicants pray that this Court enter a Decree: 11.Granting theapplication herein and awarding the water rights claimed herein as final water rights,except as to those issues for which jurisdiction of the Court will be specifically retained;12. Specifically determining that: A. Applicants have complied with 37-90-137(4),C.R.S., and water is legally available for withdrawal by the wells proposed herein, butthat jurisdiction will be retained with respect to the average annual amounts ofwithdrawal specified herein to provide for the adjustment of such amounts to conformto actual local aquifer characteristics from adequate information obtained from wells ortest holes drilled on or near Applicants property, pursuant to 37-92-305(11), C.R.S. andDenver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is notnontributary and groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreedwater rights of others will not be materially injured by the withdrawals of groundwaterand the plan for augmentation proposed herein; D. No findings of diligence are requiredto maintain these water rights. FURTHER, Applicants pray that this Court grant suchother relief as seems proper in the premises.

2000CW157 ROBERT N. RAY AND DEBRA L. SHERWOOD, 12061 N. 6th Street, Parker, CO80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Well #101067 is locatedin the S1/2 Lot 8 & N1/2 Lot 9, Block 26, Grandview Estates. SE1/4, S7, T6S, R66W. 6th P.M., 500’ fromthe S section line and 625’ from the E section line. Source: Denver Basin/Upper Dawson. Depth: 298’Appropriation: 6/29/1978 Amount claimed: 1 a/f annually Proposed use: irrigation of 2 acres in S1/2 Lot8 and N1/2 Lot 9, Block 26, Grandview Estates, SE1/4, S7, T6S, R66W, 6th P.M. Use: CONDITIONAL,domestic and irrigation of 1.5 acres of lawns and garden and water non-commercial animals. (2 pages)

2000CW158 MARVIN AND RAMONA MUELLER, 12584 N. 5th St. Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. Well #8030 is located in theSE1/4NE1/4, S7, T6S, R66W, 6th P.M., a/k/a Lot 1, Block 14, Grand View Estates. Source: Groundwater


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Appropriation: 3/3/1961 Amount claimed: 5 1/2 gpm Use: Domestic with irrigation of 1 acre of lawnsand gardens, domestic horses and small animals (2 pages)

2000CW159 JANET L. REAM, 412 N. 71st Ave., Greeley, CO 80634. Application for WaterRights (Surface), IN WELD COUNTY. A tract of land situated in the SE1/4 of S14, T5N, R65W, 6th

P.M., commencing at the SE corner S14, THENCE S 00 27’32” E along the E line of the SE S14, 1356.92’to the S1/16 corner sections 14 and 13. Point of Diversion. Source: Tail water and run off. Appropriation:9/7/00 Amount claimed: 1 cfs (CONDITIONAL) Use: Livestock, storage, irrigation, fish propagationand recreation. If irrigation complete the following: 40 acres proposed to be irrigated in the SE1/4, S14,T5N, R65W, 6th P.M.. If non-irrigation describe purpose fully: Storage (for irrigation), livestock water,fish propagation and recreation. (2 pages)

2000CW160 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NON-TRIBUTARY SOURCES, CONCERNING THE APPLICATION FOR WATER RIGHTS OF EAGLESHADOW, LLC, IN ADAMS COUNTY. 1. Name, Address and Telephone Number of Applicants:Eagle Shadow, LLC, Attention: Gene Osborne, 7373 South Alton Way, Suite 105, Englewood, Colorado80111, c/o Wayne F. Forman, Esq., Andrew L. Spielman, Esq., Brownstein Hyatt & Farber, P.C., 410 17thStreet, 22nd Floor, Denver, Colorado 80202, Telephone: (303) 223-1100. 2. Name of Wells and Permit,Registration or Denial Numbers. The wells that will withdraw the groundwater sought to be decreed bythis Application have not yet been constructed, nor have applications for well permits been filed. Prior toconstructing any well to withdraw the subject groundwater, Applicants will apply to the State Engineer fora permit to construct that well, and the Applicants request that the Court require, as a condition of thedecree entered in this case, that well permits be issued upon application for any such wells in accordancewith said decree. 3. Description of Wells and Overlying Land. The wells will withdraw groundwater fromthe Lower Arapahoe aquifer underlying approximately 111.58 acres of land located in the SW¼ of Section5, T. 1 S., R. 67 W. of the 6th P.M., Adams County, Colorado, as more particularly described on Exhibit Aand depicted on Exhibit B (the Property"). Applicants seek the right to locate wells to withdrawgroundwater from the Lower Arapahoe aquifer anywhere on the Property, as well as, with the owner'sconsent, on contiguous parcels. 4. Source, Augmentation Requirements, and Depth of Wells. a. Applicantsseek a determination of their rights to withdraw all of the groundwater in the Lower Arapahoe aquiferunderlying the Property. The water underlying the Property in the Lower Arapahoe aquifer is "notnontributary groundwater" and subject to the provisions of C.R.S. §37-90- 137(9)(c)(1999). b. Applicantswill make no use of the Lower Arapahoe water prior to the issuance of a judicially-approved plan foraugmentation, as required by C.R.S. §37-90-137(9)(c)(1999). c. Each well will be completed to thebottom of Lower Arapahoe aquifer. For the purposes of the decree to be entered in this case, the Applicantwill rely on the well depths set forth in any Determination of Facts issued by the State Engineer, or on theDenver Basin Rules, 2 C.C.R. 402-06. 5. Date of Appropriation, How Appropriation Was Initiated, andDate Water Was Applied to Beneficial Use: The rights sought to be decreed in this case are not governedby the appropriation doctrine. Applicant requests the Court to decree that the rights adjudicated in this caseare vested property rights notwithstanding the fact that groundwater has not yet been diverted and appliedto beneficial use. 6. Amount Claimed: Applicant claims the right to withdraw all of the groundwaterlegally available within the Lower Arapahoe aquifer underlying the Property, over thestatutorily-established 100-year life of the aquifer as set forth in C.R.S. §37-90-137(4), and to withdrawsaid amounts at whatever rate is required in order to produce water in the amounts and rates of flowneeded. Applicants request that a nominal production rate of 100 g.p.m. be established for each well drilledinto the subject aquifers. The estimated average annual amount of groundwater available for withdrawalfrom the subject aquifer, based upon the Denver Basin Rules, 2 C.C.R. 402- 06, is as follows:

AquiferArea

(Acres)Specific

YieldSaturatedThickness

Estimated Average Annual Amountof Withdrawal

(AF/Year)

Lower Arapahoe 111.58 0.17 87 16.5


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Applicant requests the Court to determine that the allowed annual amount of withdrawals mayexceed the average annual amount of withdrawal of water as long as the total volume of waterwithdrawn from the wells does not exceed the product of the number of years since the date or dates ofissuance of any well permit or the date of the decree entered in this case, whichever comes first, times theallowed average annual amount of withdrawal. The water judge shall retain jurisdiction over this matter toprovide for the adjustment of the annual amount of withdrawal allowed to conform to actual local aquifercharacteristics (upward or downward) from adequate information obtained from well drilling or test holes.See C.R.S. §37-92-305(11). 7. Proposed Use: The groundwater in the Lower Arapahoe aquifer that issubject to this Application will be used, re-used, successively used and otherwise disposed of formunicipal, domestic, industrial, commercial, fire protection, irrigation, stock watering, recreation, fish andwildlife preservation and propagation, augmentation, replacement, exchange and all other beneficial useseither on or off of the Property. Said water will be produced for immediate application to beneficial use,for storage and subsequent application and beneficial use, for exchange purposes, for replacement ofdepletions and all other augmentation purposes including taking credit for all return flows resulting fromthe use of said water. Applicant claims the right to use, re-use to extinction and/or to take return flowcredit for all of the groundwater which is subject to this application, subject to the provisions of Rule 8 ofthe Denver Basin Rules, 2 C.C.R. 402-06. 8. Owner of Overlying Land: The owner of the approximately111.58-acre Property, together with the underlying Denver Basin groundwater which is the subject of thisapplication, is the Applicant, Eagle Shadow, LLC. 9. Well Field: Applicant requests that the Courtdetermine that Applicant have the right to withdraw all of the legally available groundwater underlying theProperty through wells to be constructed on the Property, as well as, with the owner's consent, oncontiguous lands, and that any wells constructed in the same aquifer may be utilized as alternate points ofdiversion and that such wells comprise a well field as authorized by Rule 14 of the Statewide NontributaryGroundwater Rules, 2 C.C.R. 402-07, withrespect to any wells drilled within the same aquifer. 10. Notice to Secured Parties: As required by C.R.S.§37-92-302(2)(b), a copy of this application has been provided to every person who has a lien or mortgageon, or deed of trust to, the Property. WHEREFORE, the Applicant respectfully requests the Court to entera decree granting the Application and awarding the water rights claimed, and specifically determining that:1. (a) The Applicant is lawfully entitled to a decreed right to withdraw groundwater in the amountsrequested in this Application, (b) the subject rights shall not be administered in accordance with thedoctrine of priority of appropriation; and (c) vested water rights of others will not be materially injured bysuch withdrawals. 2. The Applicant's full annual acre foot entitlement to the Lower Arapahoe aquifer maybe produced through any combination of wells constructed anywhere on the Property, as well as, with theowner's consent, on contiguous land, into each formation, subject to the 600 foot spacing rule provided inRule 11.C., 2 C.C.R. 402-07, as against other water right holders, as alternate points of diversion and as awell field, and that Applicant may exceed the nominal pumping rate specified in this Application in orderto produce said full acre foot entitlement. Applicant may construct said wells to withdraw the groundwaterclaimed herein without the necessity of filing any further amendments to this Application, republishing theApplication, or reopening the decree. 3. The Applicant need not publish a new application or republishthis Application in order to invoke the Court's retained jurisdiction to adjust the volumes of groundwaterdecreed in this case based on site specific data. 4. The Applicant may bank the groundwater decreedherein in accordance with Rule 8.A. of the Statewide NontributaryGroundwater Rules, 2 C.C.R. 402-07. 5. The Applicant has the right to construct additional,supplemental, or replacement wells as are necessary in order to maintain production levels in eachformation without publishing additional notice or filing any additional pleading with the Court. TheApplicant also requests that the Court direct the State Engineer to grant well permits for the exercise of thesubject rights upon application by the Applicant and for any additional, supplemental or replacement wellsrequired in order to maintain production levels in each formation.

2000CW161 ELMER KOBOBEL, 21460 County. Rd. 9, Weldona, CO 80653. Application forChange of Water Right, IN MORGAN COUNTY. Kobobel Well No. 4-8894-FR decreed in Case No.96CW258, Water Division 1. Decreed point of diversion: Kobobel Well No. 4-8894-F-R is located in theNE1/4SE1/4, S15, T4N, R59W, 6th P.M., at a point 2595’ N and 109’ W of SE corner of said S15. Source:Groundwater Appropriation: 4/20/1958 Amount: 2.22 cfs Historic use: None of the water rights will bechanged. We would like to move the well to a better location. It will still be used for irrigation of the sameacres and the same gallons per minute. Proposed change: The previous location is in a mineral pocket that


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plugs every couple of years. We are requesting a move out of this area in an attempt to avoid the mineralpocket. We would like to move the well from the location of permit 8894-F-R permitted 12-05-96, 253’ Sand 192’ W. This would make the proposed well 2342’ from the S section line and 301’ from the E sectionline of said S15. The use of this well is for irrigation of 160 acres in the SE1/4 of S15, T4N, R59W, 6th

P.M. (2 pages)

2000CW162 LARRY J. AND CARMEN M. MCDOWELL, 81 Dennis Drive, Turkey Rock RanchEstates, Sedalia, CO 80135-9738. Application for Underground Water Right, IN TELLER COUNTY.McDowell Well #118634 is located in the SW1/4SE1/4, S9, T11S, R70W, 6th P.M. Source: GroundwaterDepth: 214’ Appropriation: 4/9/1981 Amount claimed: ½ gpm Use Ordinary household purposes. (2pages)

2000CW163 JUNIOR LaVERN VINSON, AND AUDREY A. VINSON, 33 Durelli Drive, TurkeyRock Ranch Estates, Sedalia, CO 80135. Application for Underground Water Right, IN TELLERCOUNTY. Vinson Well #173495 is located in the NW1/4NE1/4, S9, T11S, R70W, 6th P.M., 1100’ fromN section line and 2340’ from E section line, a/k/a Lot 138, Filing #1. Source: Ground Water Depth: 340’Appropriation: 2/15/1994 Amount claimed: 12 gpm Use: Ordinary household use only. Remarks: SedaliaCo. is mailing address only. (2 pages)

2000CW164 PLUMB CONSTRUCTION, INC., PO Box 663, Mead, CO 80542. Application forChange of Water Right, IN WELD COUNTY. Eric Ltd. Well #1-1-9-5R decreed 10/27/1988 in CaseNo. 88CW180 in Water Division 1. Decreed point of diversion: Tract 2, Village South Plat, Town ofPlatteville, County of Weld. Source: Groundwater Appropriation: 4/18/1940. Amount: 90 acre feetannually. Historic use: The water historically has been used to irrigate farm ground and lawns in theW1/2SE1/4, S13, T3N, R67W, 6th P.M. Proposed change: Request is made to move the well from itspresent location to the land it has and will continue to irrigate. The well (permit #10805-R) currently islocated 1265 feet from the north section line and 90 feet from the E section line (NE1/4NE1/4, S24, T3N,R67W, 6th P.M.). The new location will be 1400’ from the E section line and 1448’ from the S section line(W1/2SE1/4, S13, T3N, R67W, 6th P.M., a/k/a Rodger’s Farm Subdivision, Town of Platteville. Thisground if being developed and the water will be used to irrigate park space within the Town of Platteville,No more than the current allocation (90 acre feet annually) will be used. Name and address of owner ofland on which structure is located: Present location: Rodger S. Streed and Janet K. Streed, trustees, StreedLiving Trust dated 6/5/1998, 15027 Weld County Road 23-1/2, Platteville, CO 80651. Proposed located:Plumb Constriction, Inc., PO Box 663, Mead, CO 80542. (2 pages)

2000CW165 Harmony Land & Cattle, LLC, 12750 North Pine Drive, Parker, Colorado 80134,Telephone: (720) 875-5208 (c/o Gary L. Greer/Doran L. Matzke, Sherman & Howard L.L.C., 633 - 17th

Street, #3000, Denver, CO 80202, (303) 297-2900). Application for Underground Water Rights from theNot Nontributary Upper Dawson and the Nontributary Lower Dawson, Denver, Arapahoe and Laramie-foxHills Aquifers and for Adjudication of Water Rights for Exempt Wells, IN ELBERT COUNTY. CLAIMFOR RELIEF (Quantification of Amounts of Groundwater for Withdrawal from Denver Basin Aquifers) 1.Applicant requests a decree confirming and awarding to it water rights in the not nontributary UpperDawson aquifer and the nontributary Lower Dawson, Denver, Arapahoe, and Laramie Fox Hills aquifers asmore fully set forth herein. 2. Well Permits: Well permits will be applied for when Applicant is ready todrill the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdrawgroundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoeand Laramie-Fox Hills aquifers will be located at any location on a parcel of land containing in aggregateapproximately 2,880 acres located in Sections 22, 23, 26, 27, 34 and 35, Township 10 South, Range 65West, of the 6th P.M. The legal description and a map of this parcel (the "Subject Property") are includedin Attachment A to the Application. [Attachment A is on file with the Application and may be examined inthe office of the Water Clerk for Water Division No. 1.] 4. A. Source of Water: The source ofgroundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as defined in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson,Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater as defined in Section 37-90-103(10.5), C.R.S. B. Depths (to base of aquifer):Upper Dawson Wells to 722 feet. Lower DawsonWells to 905 feet. Denver Wells to 1,850 feet. Arapahoe Wells to 2,425 feet. Laramie-Fox Hills Wells


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to 3,065 feet. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the estimatedamounts of groundwater at rates of flow necessary to efficiently withdraw the entire amounts decreed to beavailable. Applicant waives the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. forwells located on the Subject Property. The estimated annual average amounts of withdrawal available fromthe subject aquifers as indicated below, are based on the Denver Basin Rules, 2 C.C.R. 402-6. Applicantestimates the following annual amounts are representative of the Upper and Lower Dawson, Denver,Arapahoe, and Laramie-Fox Hills aquifers underlying the 2,880 acres of the Subject Property:

Estimated AnnualAquifer Amount (af-yr)Upper Dawson 1,929.6 NNTLower Dawson 921.6 NTDenver 1,419.8 NTArapahoe 1,444.3 NTLaramie-Fox Hills 842.4 NTTOTAL 6,557.7

The average annual amounts available for withdrawal from the subject aquifers will depend onhydrogeology and the legal entitlement of Applicant and represents a claim to all nontributary and notnontributary groundwater underlying the Subject Property. The amounts may be amended in any decreeissued herein to conform to the State Engineer's Determination of Facts and the Water Court will be askedto retain jurisdiction to adjust the amounts to conform to actual local aquifer characteristics based on welllogs or test holes. In addition, Applicant claims the right to withdraw more than the average annualamounts estimated above pursuant to Rule 8 A of the Statewide Rules, 2 C.C.R. 402-7. 6. Well Fields:Applicant requests that this Court determine that Applicant has the right to withdraw all of the legallyavailable groundwater underlying the Subject Property through the wells requested herein, which may belocated anywhere on the Subject Property, and any additional wells which may be completed in the future,as Applicant's well fields. As additional wells are constructed, well permit applications will be filed inaccordance with Section 37-90-137 (10), C.R.S. 7. Proposed Use: Applicant will use all water withdrawnfrom the subject aquifers in a water system to be used, reused, successively used, and after use, leased,sold, or otherwise disposed of for the following beneficial uses: municipal, domestic, industrial,commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection and any otherbeneficial uses. Said water will be produced for immediate application to said uses, both on and off theSubject Property, for storage and subsequent application to beneficial uses, for exchange purposes, forreplacement of depletions resulting from the use of water from other sources and for augmentationpurposes. Applicant will make no use of the not nontributary Upper Dawson aquifer water prior to theissuance of a judicially approved plan for augmentation. 8. Jurisdiction: No part of the Subject Land iswithin the boundaries of any designated groundwater basin and the Water Court has jurisdiction over thesubject matter of Applicant’s Claim for Relief pursuant to Sections 37-92-202(2) and 37-90-137(6), C.R.S.9. Name and Address of Owners of Land on Which Wells are to be Located: Same as Applicant. 10.Remarks: Parcel 1 of the Subject Property, as described in the legal description attached as Attachment A,is subject to a lien, mortgage or deed of trust, payable to the Melvin Lewis Brazelton Trust, 19612 Road 1,Elbert, Colorado 80106. Notice pursuant to C.R.S. § 37-92-202(2) (b) has been given. WHEREFORE,Applicant requests that the Court enter a decree granting the Application, confirming the water rightsclaimed herein, and determining specifically: 1. That Applicant has complied with Section 37-90-137(4),C.R.S., that as a matter of hydrological and geological fact, the water claimed herein is legally available forwithdrawal by wells and that the vested rights of others will not be materially injured by such withdrawal.2. That the groundwater in the Upper Dawson aquifer is not nontributary and that the groundwater in theLower Dawson aquifer, the Denver aquifer, the Arapahoe aquifer and the Laramie-Fox Hills aquiferunderlying the Subject Property is nontributary. 3. That Applicant is entitled to annual withdrawals of theamounts estimated herein for wells described in the Claim for Relief, but that jurisdiction will be retainedwith respect to the average annual amounts of withdrawal to provide for the adjustment of such amounts toconform to actual local aquifer characteristics from adequate information obtained from wells or test holesdrilled on or near Applicant's Subject Property pursuant to Section 37-92-305(11), C.R.S. Further,Applicant requests that the Court grant such other and further relief as Applicant may be entitled to.

2000-CW-166 Central Colorado Water Conservancy District and Ground WaterManagement Subdistrict of the Central Colorado Water Conservancy District (Central),


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3209 West 28th Street, Greeley, Colorado 80631 (Kim R. Lawrence, Lind, Lawrence & OttenhoffLLP, 1011 Eleventh Avenue, Greeley, Colorado 80631) Application for Change of Water Right inLarimer and Weld Counties. 2. Decreed Name of Structures: B. H. Eaton Ditch, Box ElderDitch, Jo Dee Reservoir µ 1 and La Poudre Reservoirs µ 3 and µ 4. 3. Previous Decrees: A. B. H.Eaton Ditch was decreed in Civil Action µ 320 in the District Court, Larimer County, State ofColorado, on April 11, 1882 with appropriation dates of April 1, 1864 for 29.1 c.f.s.; June 1, 1866for 3.33 c.f.s; July 25, 1872 for 9.72 c.f.s. from the Cache La Poudre River. The decreed use isfor irrigation. The headgate is located on the South bank of the Cache La Poudre River in theSoutheast Quarter of Section 19, Township 6 North, Range 67 West of the 6th P.M., WeldCounty, Colorado. B. Box Elder Ditch was decreed in Civil Action µ 320 in the District Court,Larimer County, State of Colorado, on April 11, 1882 with appropriation dates of March 1, 1866for 32.50 c.f.s.; May 25, 1867 for 8.33 c.f.s.; July 1, 1868 for 11.93 c.f.s. from the Cache LaPoudre River. The decreed use is for irrigation. The headgate is located on the South bank of theCache La Poudre River in the Southwest Quarter of the Southeast Quarter of the NortheastQuarter of Section 20, Township 7 North, Range 68 West of the 6th P.M., Larimer County,Colorado, 2500 feet South of the North section line and 1000 feet West of the East section line.C. Jo Dee Reservoir µ 1 was decreed in Case µ 92-CW-165, Water Division µ 1, for anappropriation of 1600 acre feet for storage for industrial and mining uses in conjunction withgravel mining operations, dust suppression, reclamation, sand and gravel washing,augmentation, replacement, exchange, irrigation, domestic, recreation, commercial, fireprotection and fish and wildlife purposes, and is located in the West Half of the Northeast Quarterand the East Half of the Northwest Quarter of Section 24, Township 6 North, Range 68 West ofthe 6th P.M., Larimer County, Colorado. D. La Poudre Reservoirs µ 3 and µ 4 were decreed inCase µ 94-CW-97,Water Division µ 1, for an appropriation of 1600 acre feet for industrial andmining uses in conjunction with gravel mining operations, dust suppression, reclamation, sandand gravel washing, augmentation, replacement, exchange, irrigation, domestic, recreation,commercial, fire protection and fish and wildlife purposes, and are located in the East Half of theNorthwest Quarter, West Half of the Northeast Quarter and Northwest Quarter of the SoutheastQuarter of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County,Colorado. 4. Historic Use: A. Central owns 9 shares of the B. H. Eaton Ditch. The 9 shares werehistorically used to irrigate 76 acres shown on Figure 1 attached hereto which land is located inthe South 2 of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County,Colorado. The crops grown varied from year to year and consisted of alfalfa, corn, beans andbeets. The historic consumptive use on the property was estimated with the modifiedBlaney-Criddle method over a forty-year study period, 1950 -1990. Based on 65% field irrigationefficiency and 10% ditch loss the following consumptive use, in acre-feet, was found for thehistoric operation:

April May June July August Sept. Oct. TOTAL2.08 10.50 16.40 37.44 33.08 14.35 0.64 114.49

Historic returns will be maintained for all calls senior to the date of the filing of this application. B.Central owns 1.5 shares of the Box Elder Ditch. The 1.5 shares were historically used to irrigate98 acres shown on Figure 2 attached hereto which land is located in the NW3 and the E2 ofSection 28 and the W2 of the SW3 of Section 27 all in Township 6 North, Range 67 West of the6th P.M., Weld County, Colorado. The crops grown varied from year to year and consisted ofalfalfa, corn, beans and beets. The historic consumptive use on the property was estimated withthe modified Blaney-Criddle method over a forty-year study period, 1950 -1990. Based on 65%field irrigation efficiency and 10% ditch loss the following consumptive use, in acre-feet, wasfound for the historic operation:

April May June July August Sept. Oct. TOTAL0.55 5.73 9.53 19.67 16.53 6.49 0.56 59.07

Historic returns will be maintained for all calls senior to the date of the filing of this application. 5.Proposed Change: Applicant seeks to change the use of the Eaton and Box Elder shares toinclude augmentation, replacement, exchange, and recreation by direct release or storage forlater release, as well as the decreed irrigation use, with the right to totally consume theconsumable portion of the water, either by first use, successive use, or disposition. Applicant


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seeks the right to divert and store the Eaton and Box Elder shares in the places of storagedescribed in &6. Applicant seeks approval of alternate places of storage such that 4/13/1990appropriation for Jo Dee Reservoir µ 1 may be stored in La Poudre Reservoirs µ 3 & 4 and the5/17/94 appropriation for La Poudre Reservoirs µ 3 & 4 may be stored in Jo Dee Reservoir µ 1.The operation of the three reservoirs has been integrated by the construction of a 21" diameterHDPE pipeline between them. Applicant seeks approval of an alternate place of storage such thatthe 1 share of Box Elder Ditch and 2 interest in the Jacoby-Schmidt Ditch changed in Case µ 92-CW-165, Water Division µ 1, can be stored in La Poudre Reservoirs µ 3 & 4 as well as Jo DeeReservoir µ 1. Applicant seeks an alternate point of diversion for the Eaton shares at the LaPoudre µ 1 pump adjacent to the Cache La Poudre River in the West One-half of the SoutheastQuarter of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Coloradolying south of the Cache La Poudre River and east of the B. H. Eaton Ditch for diversion into LaPoudre Reservoirs µ 3 & 4. 6. Places of Storage: A. Jo Dee Reservoir µ 1 and La PoudreReservoirs µ 3 & 4 described in &3.C. & D. above. 7. Name and Address of Owners ofStructures: Applicant. B. H. Eaton Ditch is owned by the B. H. Eaton Ditch Company, 106 ElmAvenue, Eaton, Colorado 80615. The Box Elder Ditch is owned by the Box Elder Ditch Company,c/o Gene Fischer, Esq., 125 S. Howes, Fort Collins, Colorado 80521.

2000CW167 GERALD AND ROTH ANN PORCHE, 7509 E. County Line Road, Longmont, CO80501. Application for Water Storage Right, IN LARIMER COUNTY. Zoe’s Pond is located in theNE1/4SW1/4, S32, T4N, R70W, 6th P.M., 600’ from S section line and 1200’ from W section line, outlet isparallel to S section line. Source: Rainwater Appropriation: Summer of “95” If non-irrigation describepurpose fully: Pond is on property solely for enjoyment of site offered to owner’s pond now three to oneslope is about 50’ wide and 150’ long and the pond is about 50’ deep. (3 pages)

2000CW168 JOHN D. AND CHARLENE H. VAGTS, 3771 East Elm Ave. Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. Vagts Well #77948 is located inthe NE1/4NE1/4, S7, T6S, R66W, 6th P.M., 800’ from N section line and 1150’ from the E section line,a/k/a Lot W1/2 - 4 and 5, Block 2, Filing 1, Grandview Estates Subdivision. Source: Groundwater Depth:247’ Appropriation: 4/5/1995 Amount claimed: 15 gpm (1 a/f annually) Proposed use: One house, 4horses and irrigation of 1 acre of lawns and gardens. Remarks: “Water right is exempt from administrationunder the seniority appropriation system.” (2 pages)

2000CW169 (W-2704 B-108) MILTON J. TORMOHLEN, 19776 Morgan County Road N, FortMorgan, CO 80701. CLARENCE STUMP, JR., 4301 North Taft Avenue, Loveland, CO 80538. (Michael D. Shimmin Julie S. Erikson, VRANESH AND RAISCH, LLP, P.O. Box 871, Boulder, CO80306-0871). APPLICATION FOR CHANGE OF WATER RIGHTS, IN MORGAN COUNTY.

2. Decreed Name of Structure for Which Change Is Sought:

Tormohlen-Fries Well No. 10576.

3. Information from Previous Decree:

The original decree for Well No. 10576 was entered on October 2, 1975, in Case No. W-2704 B-108, Water Court, Water Division 1. Well No. 10576 is located in the NW 1/4SW 1/4 of Section 32, Township 3 North, Range 57 West of the 6th P.M., MorganCounty, Colorado, at a point 1330 feet North from the South section line and 65 feet Eastfrom the West section line of said Section 32. The appropriation date is June 20, 1955 inthe amount of 2.72 cfs. The original decree granted water rights to Milton J. Tormohlen,Pearl A. Tormohlen, and Phillip Fries. Clarence Stump, Jr. is the successor in interest toPhillip Fries. Well No. 10576 was decreed to provide irrigation water to a total acreageof approximately 170 acres in the W 1/2 NE 1/4 of Section 32; SE 1/4 NE 1/4 and N 1/2SW 1/4 of Section 32, Township 3 North, Range 57 West of the 6th P.M., MorganCounty, Colorado.


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4. Proposed Changes of Use:

A. There are two Tormohlen-Fries wells (Wells Nos. 10576 and 12372), which areboth jointly owned by Applicants. Historically, these two wells jointly irrigatedboth the Tormohlen farm and the Stump farm. For the future, the Applicantswish to reallocate ownership of each well and the amount and location ofacreage to be irrigated by each well, so that one well will be owned and usedexclusively to irrigate each of the two farms. A change of use for Well No.12372 is being filed concurrently with this application.

B. The original decrees for these wells allocated a total of 170 acres to be irrigatedby Well No. 10576 and 200 acres to be irrigated by Well No. 12372. Applicantspropose three changes regarding the use of Well No. 10576. First, Applicantspropose to reduce the number of acres to be irrigated by Well No. 10576 from170 acres to 149 acres (with the reduced amount to be transferred to Well No.12372 under the companion application filed concurrently with this one).Second, Applicants propose to reduce the decreed flow rate from 2.72 cfs to2.10 cfs (with the reduced amount to be transferred to Well No. 12372 under thecompanion application filed concurrently with this one). Third, Applicants wishto change the location of acreage to be irrigated by Well No. 10576 to the Stumpfarm, which is in the SW 1/4 of Section 32, Township 3 North, Range 57 West,6th P.M., Morgan County. No injury to other water rights will result from thesechanges. Well No. 10576 is included in the Bijou Augmentation Plan decreedby this Court in Case Nos. W-2704 and W-9172-78. All out-of-prioritydepletions associated with the use of this well are replaced pursuant to the BijouAugmentation Plan.

5. Name and Address of Owners of Land on Which Structures Are Located:

Clarence H. Stump, Jr.4301 North Taft AvenueLoveland, CO 80538970-667-7027 (3 pages)

2000CW170 (W-2704 B-109) MILTON J. TORMOHLEN, 19776 Morgan County Road N, FortMorgan, CO 80701. CLARENCE STUMP, JR., 4301 North Taft Avenue, Loveland, CO 80538 (MichaelD. Shimmin, Julie S. Erikson, VRANESH AND RAISCH, LLP, 1720 14th Street, Suite 200, P.O. Box 871,Boulder, CO 80306-0871). APPLICATION FOR CHANGE OF WATER RIGHTS, IN MORGANCOUNTY.

2. Decreed Name of Structure for Which Change Is Sought:Tormohlen-Fries Well No. 12372.

3. Information from Previous Decree:The original decree for Well No. 12372 was entered on October 2, 1975, in Case No. W-2704 B-109, Water Court, Water Division 1. Well No. 12372 is located in the SW 1/4SW 1/4 of Section 32, Township 3 North, Range 57 West of the 6th P.M., MorganCounty, Colorado, at a point 40 feet North from the South section line and 138 feet Eastfrom the West section line of said Section 32. The appropriation date is May 30, 1940 inthe amount of 2.10 cfs. The original decree granted water rights to Russell Tormohlen,Helen Tormohlen, and Phillip Fries. Milton Tormohlen is the successor in interest toRussell and Helen Tormohlen. Clarence Stump, Jr. is the successor in interest to PhillipFries. Well No. 12372 was decreed to provide irrigation water to approximately 80 acresin the S 1/2 SW 1/4 of Section 32 Township 3 North, Range 57 West of the 6th P.M.,Morgan County, Colorado and 120 acres in the SE 1/4 of Section 32, Township 3 North,Range 57 West of the 6th P.M., Morgan County, Colorado.


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4. Proposed Changes of Use:1.

A. There are two Tormohlen-Fries wells (Wells Nos. 10576 and 12372), which areboth jointly owned by Applicants. Historically, these two wells jointly irrigatedboth the Tormohlen farm and the Stump farm. For the future, the Applicantswish to reallocate ownership of each well and the amount and location ofacreage to be irrigated by each well, so that one well will be owned and usedexclusively to irrigate each of the two farms. A change for Well No. 10576 isbeing filed concurrently with this application.

B. The original decree for each well allocated a total of 170 acres to be irrigated byWell No. 10576 and 200 acres to be irrigated by Well No. 12372. Applicantspropose three changes regarding the use of Well No. 12372. First, Applicantspropose to reallocate 21 of the acres originally decreed to Well No. 10576 toWell No. 12372. Second, Applicants propose to increase the decreed flow ratefrom 2.10 cfs to 2.72 cfs (with the increased amount transferred from Well No.10576 under the companion application filed concurrently with this one). Third,Applicants wish to change the number and location of acres to be irrigated byWell No. 12372 to a total of approximately 335 acres on the Tormohlen farm,which includes the E 1/2 of Section 32, Township 3 North, Range 57 West, anda half-circle of approximately 70 acres in the W 1/2 of Section 33, Township 3North, Range 57 West, 6th P.M., Morgan County. Subsequent to the originaldecrees, both Wells No. 10576 and 12372 have been used to irrigate acres inaddition to those described in the original decrees. All of the additional acresare located on the Tormohlen farm. These acres have been irrigated for morethan 20 years. However, no injury to other water rights has occurred as a resultof the additional acres, for two reasons. First, these wells are used as asupplemental source in addition to surface water obtained through the BijouIrrigation Company and Bijou Irrigation District (jointly referred to as “BijouWater”). Over the past several years, Applicant Tormohlen has been acquiringadditional Bijou Water for use on this farm. Additionally, both wells areincluded in the Bijou Augmentation Plan decreed by this Court in Case Nos. W-2704 and W-9172-78. Therefore, all out-of-priority depletions from both ofthese wells have been replaced and will continue to be replaced pursuant to theBijou Augmentation Plan. Applicant Tormohlen seeks a decree confirming hisright to continue the use of water from Well No. 12372 on the approximately335 total acres of land that have been irrigated on the Tormohlen farm. Noinjury to other water rights will result from these changes.

5. Name and Address of Owners of Land on Which Structures Are Located:

Clarence H. Stump, Jr.4301 North Taft AvenueLoveland, CO 80538 (3 pages)

2000CW171 RURAL DITCH COMPANY, c/o Dan Grant, Secretary, P.O. Box 1826, Longmont, CO80502-1826, (303) 678-4179 (Wendy S. Rudnik, Steven P. Jeffers, Bernard, Lyons, Gaddis & Kahn, P.C.,515 Kimbark St., Longmont, CO 80501) APPLICATION FOR WATER RIGHTS (SURFACE) OFTHE RURAL DITCH COMPANY IN WELD COUNTY.1. Applicant: Rural Ditch Company, c/o Dan Grant, Secretary, P.O. Box 1826, Longmont, CO 80502-1826, (303) 678-4179 2. Structure: Rural Ditch 3. Legal Description: SW ¼ NW ¼ of Section 1,Township 2 North, Range 68 West of the 6th P.M., approximately 500 feet east of the West section line and2500 feet south of the North section line of Section 16, Weld County, Colorado 4. Source: Excess, waste,surface runoff, flood, seepage and other waters from the Cole Seepage Ditch and/or Godding Hollow. Theheadgate of the Cole Seepage Ditch is on the East bank of Godding Hollow, at a point about 1155 feet


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North and 1073 East of the Southwest corner of Section 1, Township 2 North, Range 68 West of the 6th

P.M., Weld County, Colorado 5A. Date of Appropriation: August 27, 1907 5B. How appropriationwas initiated: Diversion of water into the Rural Ditch 5C. Date water applied to beneficial use:August 27, 1907 6. Amount of water: 12 cfs, ABSOLUTE 7. Use: Irrigation A. Number of acreshistorically irrigated: This water is intermingled with water diverted under the Rural Ditch decrees fromBoulder Creek. There are approximately 400 acres irrigated under the Rural Ditch below the point the ColeSeepage Ditch water enters the Rural Ditch B. Legal description of acreage: Approximately 400 acresin Section 1, T2N, R68W; Section 36, T3N, R68W; Section 6, T2N, R67W and Section 31, T3N, R67W ofthe 6th P.M., Weld County, Colorado 8. Owner of land on where point of diversion is located: BoothBrothers, 5065 Weld County Road 24, Longmont, Colorado 80504 9. Comments: The Cole SeepageDitch and Godding Hollow tails into the Rural Ditch. This is an application to confirm the historicappropriation of that wastewater.

2000CW172 D. ANITA LITTLEWOLF AND STEVE L. PREGEL, 3581 West Greenwood Road,Sedalia, Colorado 80135. (Robert E. Schween, P.C., P.O. Box 262104, Littleton, Colorado 80163-2104. Telephone:303-471-5150; Facsimile:303-470-3103.)APPLICATION FOR NOT NONTRIBUTARY GROUND WATER RIGHTS IN THE LOWERDAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLASCOUNTY.2. Well Permits: Well permit applications for the wells to be constructed pursuant to thisapplication and subsequent decree will be applied for at such time as Applicant is prepared toconstruct such wells pursuant to the terms of the decree to be entered in this matter.3. Names, Description, and Estimated Depths of Wells:

A. The wells which will withdraw ground water from each aquifer underlying the landdescribed in paragraph 10 below will be located on Applicant's property, consisting of five (5) acres,more or less, in the NW ¼ of the SE ¼, Section 25, Township 8 South, Range 68 West of the 6thP.M., in Douglas County, Colorado. See Exhibit A, General Location Map, Exhibit A-1, SiteLocation Map, and Exhibit B, Property Legal Description, attached hereto. Applicant requests theright to construct such wells anywhere on the overlying property to recover the entire allowableannual amounts from each aquifer as claimed herein or as determined by the Court pursuant to itsretained jurisdiction.

B. The estimated depths to the base of the aquifers at the location of Applicant's property areas indicated below. Actual well completion depths may vary. Lower Dawson – 370 feet; Denver – 600feet; Arapahoe – 1100 feet; Laramie-Fox Hills – 1800 feet, below surface level.4. Source of Water Rights: Not-Nontributary Ground Water. The groundwater contained in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers at thislocation is not-nontributary ground water as defined at § 37-90-103 (10.7), C.R.S. Suchclassification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6.Applicant may not obtain a well permit and withdraw such not-nontributary ground water until anaugmentation plan is approved for the replacement of injurious depletions caused thereby. See §37-90-137(9), C.R.S. No such plan is sought by this application.5. Background: Applicant files this application for water rights pursuant to § 37-92-203,C.R.S., as a water matter concerning not-nontributary ground water. Applicant is the owner of theoverlying land as described herein.6. Date of Initiation of Appropriation: Not Applicable.7. Right to Ground Water Claimed Herein:

A. Applicant seeks a decree for all ground water determined to be available from thenamed aquifers underlying the five acres of land, more or less, described herein, based upon astatutory aquifer life of 100 years.

B. Applicant asserts that withdrawal in the average annual amounts determined to beavailable from the named aquifers can be made pursuant to § 37-90-137(4) and (9), C.R.S., withoutcausing material injury to the vested rights of others. A Court-approved plan for augmentation mustbe obtained before any such not-nontributary ground water adjudicated herein may be produced.8. Estimated Amounts and Rates of Withdrawal:


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A. Estimated Average Annual Amounts Available: (1) The estimated averageannual amounts of withdrawal available from the named aquifers, as indicated below, are basedupon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6.

Sat. Sand Specific Average AnnualAquifer Acres Thickness Yield Amount

Lower Dawson 5 50 Feet 20% .5 AFDenver 5 200 Feet 17 % 1.7 AFArapahoe 5 300 Feet 17 % 1.6 AF*Laramie-Fox Hills 5 50 Feet 15 % .4 AF

* One acre-foot per year from the Arapahoe aquifer is excluded from this adjudication, so thatApplicant may have that unadjudicated amount available in the Arapahoe aquifer the event Applicantapplies for a well permit for an “exempt” domestic well to be completed into the Arapahoe aquifer onApplicant’s property.

(2) The final average annual amounts available from each aquifer will depend upon the actualhydrogeology and the legal entitlement of Applicant to all ground water in the subject aquiferunderlying Applicant’s described property.

B. Average Pumping Rates:The average pumping rate for wells to be completed intothe four named aquifers is expected to vary from 15 to about 250 gpm. The actual pumping rate foreach well may vary significantly according to aquifer production capability at a particular location orwell system design. Applicant requests that the pumping rates for each well may be as great asnecessary to withdraw the full annual allocation of water from each named aquifer.9. Well Fields: Subject to obtaining an adequate Court approved augmentationplan therefor, Applicant has the right to withdraw all of the legally available ground water in the LowerDawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the land described inParagraph 11 below, through any well(s) initially permitted in each aquifer and any additional well(s)which may become part of the Applicant's well field. Applicant requests that the initial well(s)permitted, along with any additional well(s) completed into the same aquifer, shall be treated as awell field. As additional wells are constructed, well permit applications will be filed in accordance with§ 37-90-137(10), C.R.S.10. Proposed Uses:

A. Applicant requests the right to use all ground water subject to thisapplication. Such water is to be used, reused, successively used and, after use, leased, sold orotherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural,commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fireprotection, and any other beneficial purposes, to be used on or off the land described in Paragraph11.

B. Such water will be produced for immediate application to said uses, forstorage and subsequent application to said uses, for exchange purposes, for replacement ofdepletions resulting from the use of water from other sources, and for augmentation purposes.11. Description of the Land Overlying Subject Ground Water: Applicant’s propertyoverlying the ground water claimed herein consists of five acres of land, more or less, located inDouglas County, and generally described as follows:

A tract of land located in the NW ¼ of the SE ¼, Section 25, Township 8 South, Range 68West of the 6th P.M., in Douglas County, also known as 3581 West Greenwood Road, Lot2, Block 7, Perry Pines Filing No. 2, Douglas County.

See Exhibit A, Exhibit A-1, and Exhibit B hereto.12. Jurisdiction: The Water Court has jurisdiction over the subject matter of thisapplication pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S.13. Name of Owner of the Land on Which Structures are Located: Theowners of the overlying land area described herein are the Applicants herein, D. AnitaLittleWolf and Steve L. Pregel (“LittleWolf-Pregel”).14. Additional Remarks:

A. Applicant LittleWolf-Pregel requests the Court enter a decree granting:


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(1) A quantification and adjudication of the ground water rights in the aquifers named herein to whichApplicant is entitled to develop and use; (2) The right to file and adjudicate an augmentation plan forsuch not-nontributary ground water herein at a later date under a separate caption and case number;(3) The right to withdraw more than the average annual amount estimated in paragraph 5B abovepursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the aboveestimate of the average annual amounts available for withdrawal upward or downward, based onbetter or revised data, without the necessity of amending this application or republishing same.

B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant will,within ten (10) days after filing this application, supplement this application with evidence thatApplicant has given notice of the filing of this application by certified mail, return receipt requested, toevery record owner of the overlying land and to every person who has a lien or mortgage on, or deedof trust to, the overlying land recorded in the county in which the overlying land is located.WHEREFORE, Applicant LittleWolf-Pregel requests a ruling and decree:1. Granting the application herein and awarding the ground water rights claimed herein as finalwater rights, except as to those issues for which jurisdiction of the Court will be specifically retained,so that the State Engineer may issue well permits for such well(s) as Applicant requests under thisdecree, subject to the limitations described in such ruling and decree; and2. Finding and determining that – (a) Applicant has complied with § 37-90-137(4),C.R.S., and ground water is legally available for withdrawal from the named aquifers through wells tobe located on the Applicant's property, EXCEPT THAT withdrawals of not-nontributary ground watermay not be withdrawn until an augmentation plan is approved therefor; (b) Jurisdiction is to beretained with respect to the average annual amounts of withdrawal specified herein to provide for theadjustment of such amounts to conform to actual local aquifer characteristics from adequateinformation obtained from wells or test holes drilled on or near Applicant's property, in accordancewith § 37-92-305(11), C.R.S.; (c) Applicant or its successors may construct wells into the LowerDawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers anywhere on the subject property, solong as statutory well spacing requirements are met, without the necessity of filing any furtheramendments to this application, republishing this application, or reopening the decree to be awarded;(d) Vested or conditionally decreed water rights of others will not be materially injured by thewithdrawals proposed herein; (e) In accordance with § 37-92-305(11), C.R.S., no findings ofreasonable diligence are required to maintain the water rights applied for herein; and(f) The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S.,and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon thequantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit Aand described in Exhibit B hereto.

FURTHER, Applicant requests this Court grant such other relief as it deems proper in thepremises. (6 Pages; Exhibits A, A-1 & B-3 pages)

2000CW173 JOHN AND GRETA CUNNING, 2750 N. Chelton Road, Colorado, Springs, CO80909. Application for Underground Water Right, IN TELLER COUNTY. Well #132058 is located inthe SE1/4NW1/4, S9, T11S, R70W, 6th P.M., 2517’ from the N section line and 1485’ from W section line.A/K/A Lot 306, Filing 2, Turkey Rock Ranch Estates Subdivision. Source: Groundwater Depth: 250’Appropriation: 8/17/1983 Amount: 1 gpm Use: Ordinary Household purposes. (2 pages)

2000CW174 MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd.,Suite 306, Denver, Colorado 80227, (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903); JERRY W. KEEL AND SUE A. KEEL, 64407 Highway 285, Bailey, Colorado 80421, (FrederickA. Fendel, III, Esq., Petrock & Fendel, P.C., 1630 Welton Street, Suite 200, Denver, Colorado 80202).APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF EXCHANGES. IN PARKAND JEFFERSON COUNTIES. 2. Decreed Names of Structures for Which Change is Sought: ParmaleeDitch No. 1, Carruthers Ditch No. 2 and Nickerson Ditch No. 2. 3. From Previous Decree: PARMALEEDITCH NO. 1: A. Date Entered: May 22, 1913, Case No.: Civil Action 1678, Court: Park County DistrictCourt. B. Decreed Point of Diversion: Pursuant to a decree entered by the District Court for Water Division1 in Case No. W-7434, on May 5, 1980, the point of diversion for the Parmalee Ditch No. 1 was transferred tothe headgate of the Nickerson Ditch No. 2 as more particularly described below. C. Source: Deer Creek. D.


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Appropriation Date and Amount: May 1, 1867, for 0.52 of a cubic foot per second. E. Historic Use:Irrigation. Summaries of diversions records for the Parmalee Ditch No. 1 during the period 1979 through1998, are attached as Exhibit "A." A map depicting the location of the lands historically irrigated with thiswater right is attached as Exhibit "C." CARRUTHERS DITCH NO. 2: A. Date Entered: May 22, 1913,Case No.: Civil Action 1678, Court: Park County District Court. B. Decreed Point of Diversion: Pursuantto a decree entered by the District Court for Water Division 1 in Case No. W-7434, on May 5, 1980, the pointof diversion for 0.28 of the 0.52 of a cubic foot per second of water decreed to the Carruthers Ditch No. 2 (i.e.the amount subject to transfer herein), was transferred to the headgate of the Nickerson Ditch No. 2 as moreparticularly described below. C. Source: Deer Creek. D. Appropriation Date and Amount: May 1, 1867,for 0.52 of a cubic foot per second. Note: only 0.28 of a cubic foot per second is the subject of this transferrequest. E. Historic Use: Irrigation. Summaries of diversions records for the Carruthers Ditch No. 2 duringthe period 1979 through 1998, are attached as Exhibit "A." A map depicting the location of the landshistorically irrigated with this water right is attached as Exhibit "C." NICKERSON DITCH NO. 2: A. DateEntered: May 22, 1913, Case No.: Civil Action 1678, Court: Park County District Court. B. Decreed Pointof Diversion: A point on the North bank of Deer Creek at a point whence the East quarter corner of Section 9,Township 7 South, Range 72 West, of the 6th P.M., bears North 59° 15' East, a distance of 2,320 feet, more orless. C. Source: Deer Creek. D. Appropriation Date and Amount: May 1, 1872, for 0.65 of a cubic foot persecond. E. Historic Use: Irrigation. Summaries of diversions records for the Nickerson Ditch No. 2 duringthe period 1979 through 1998, are attached as Exhibit "B." A map depicting the location of the landshistorically irrigated with this water right is attached as Exhibit "C." 4. Proposed Change: A. The waterrights described herein are decreed for and historically have been used for irrigation purposes. Applicantsrequest that the point of diversion, the type of use and the place of use of these water rights be changed so asto allow the water to be used for augmentation, replacement and exchange purposes by shareholders of theMountain Mutual Reservoir Company. B. By this Application, Applicants seek approval to divert the abovereferenced water rights at any one or a combination of the following points of diversion: (i) The NickersonNo. 2 Ditch as described above. (ii) A point on the North bank of the North Fork of the South Platte River inthe NW 1/4 SW 1/4, Section 22, Township 7 South, Range 73 West, 6th P.M., Park County, locatedapproximately 1,240 feet East and 1,740 feet North of the Southwest Corner of said Section 22. (Theheadgate of the filler Ditch for Maddox Reservoir). (iii) A point on the West bank of Elk Creek in the NE 1/4SW 1/4, Section 26, Township 6 South, Range 72 West, 6th P.M., Park, County, located approximately 1,600feet East and 1,400 feet North of the Southwest Corner of said Section 26. (The headgate of the GlasmanDitch). (iv) A point on the East bank of Sacramento Creek in the NW 1/4 NW 1/4, Section 32, Township 9South, Range 77 West, 6th P.M., Park County, located approximately 800 feet South and 950 feet East of theNorthwest Corner of said Section 32. (The headgate of the Platte City Placer Mine Ditch). C. To the extentthe subject water supplies are not needed for immediate use, Applicants request the right to store the water inWoodside Reservoir, located in the E 1/2 SW 1/4 of Section 26, Township 6 South, Range 72 West, 6th P.M.,Park County; the Lower Sacramento Creek Reservoir No. 1, located in the NE 1/4 NW 1/4 of Section 32 andthe SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County; and Maddox Reservoir,located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. D.Woodside Reservoir is located in the Elk Creek drainage basin. The Lower Sacramento Creek Reservoir No.1 is located in the Middle Fork of the South Platte River drainage basin. Maddox Reservoir is locatedadjacent to the North Fork of the South Platte River upstream of the confluence of Deer Creek and the NorthFork. Applicants, therefore, request an appropriative right of substitution and exchange to move the waterrights subject to transfer into the Elk Creek and Sacramento Creek drainage basins and to an upstream pointon the North Fork of the South Platte River. The date of such exchange is August 17, 2000 and the rate ofexchange is 1.45 cubic feet per second. E. As confirmed in the Decree entered in Case No. W-7434, datedMay 5, 1980, the subject water rights have historically been used to irrigate property lying North of DeerCreek in the SE 1/4 of Section 9, the NW 1/4 of Section 15 and the NE 1/4 of Section 16, Township 7 South,Range 72 West, of the 6th P.M. F. Applicants seek a quantification of the historic consumptive use of thesubject water rights. 5. Names and Addresses of Owners of Land on Which Structures are Located:Nickerson Ditch No. 2: Jerry W. Keel and Sue A. Keel, as described above. Lower Sacramento CreekReservoir No. 1: Lower Sacramento Creek Reservoir Company, 2525 South Wadsworth Blvd., Suite 306,Denver, Colorado 80227. Woodside Reservoir: Michael C. Schaefer, 9200 Cherry Creek South Drive,


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Apartment 25, Denver, Colorado 80231. Maddox Reservoir: Fitzsimmons Ranch & Cattle Company, P. O.Box 135, Shawnee, Colorado 80475. WHEREFORE, Applicants request the entry of a decree approving thechange of water rights and the exchanges requested in this application. (6 pages; with 3 pages of exhibits).

2000CW175 Water Division 1 AND Case No. 2000CW085, WATER DIVISION 2,CONCERNING THE APPLICATION FOR WATER RIGHTS OF FLYING HORSE RANCH, ACOLORADO LIMITED PARTNERSHIP AND KING'S DEER DEVELOPMENT, LLC,APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOTNONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, INTHE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOTNONTRIBUTARY UPPER AND LOWER DAWSON AQUIFERS, IN EL PASO COUNTY. 1.Name, Address, Telephone Number of Applicants: Flying Horse Ranch, a Coloradolimited partnership, 2020 Euclid Ave., Cleveland, Ohio 44115, and King's DeerDevelopment, LLC, 6189 Lehman Drive, Suite 201, Colorado Springs, Colorado 80918(719) 592-0833 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver,Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for whenApplicants are prepared to drill the wells. 3. Legal Description of Wells and SubjectProperty: The wells which will withdraw groundwater from the subject not nontributaryand nontributary aquifers will be located on approximately 696.95 acres of land locatedin parts of Sections 1 and 2, T12S, R66W of the 6th P.M, as more particularly describedand shown on Attachment A hereto (Subject Property). Applicant Flying Horse Ranch isthe owner of the Subject Property at the time of this application. 4. Source of WaterRights: The source of the groundwater to be withdrawn from the Dawson and Denveraquifers underlying all of the Subject Property and from the Arapahoe aquiferunderlying part of the Subject Property located in Section 2 is not nontributary asdescribed in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The ground water to bewithdrawn from the Arapahoe aquifer underlying part of the Subject Property located inSection 1 and the Laramie-Fox Hills aquifer underlying all the Subject Property isnontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. EstimatedAmounts and Rates of Withdrawal: The wells will withdraw the subject amounts ofgroundwater at rates of flow necessary to efficiently withdraw the entire decreedamounts. Applicants will withdraw the subject groundwater through wells to be locatedat any location on the Subject Property. Applicants waive the 600 foot spacing rule asdescribed in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. Theestimated average annual amounts of withdrawal available from the subject aquifers asindicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicantsestimate the following annual amounts are representative of the Dawson, Denver,Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated EstimatedAquifer Thickness Annual AmountDawson 334 feet 469 acre-feet(NNT)Denver 511 feet 608 acre-feet(NNT)Arapahoe 228 feet 118 acre-feet(NNT in Section 2)Arapahoe 228 feet 153 acre-feet(NT in Section 1)Laramie-Fox Hills 188 feet 1 195 acre-feet(NT)The average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicants and representsa claim to all nontributary and not nontributary groundwater underlying the SubjectProperty. 6. Well Fields: Applicants request that this Court determine that Applicantshave the right to withdraw all of the legally available groundwater lying below theSubject Property, through the wells requested herein, which may be located anywhereon the Subject Property, and any additional wells which may be completed in the futureas Applicants' well fields. As additional wells are constructed, applications will be filedin accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all waterwithdrawn from the subject aquifers in a water system to be used, reused, successively


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used, and after use leased, sold, or otherwise disposed of for the following beneficialpurposes: municipal, domestic, industrial, commercial, irrigation, livestock watering,recreational, fish and wildlife, fire protection, and any other beneficial purpose. Saidwater will be produced for immediate application to said uses, both on and off theproperty, for storage and subsequent application to said uses, for exchange purposes,for replacement of depletions resulting from the use of water from other sources, andfor augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over thesubject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S.9. Description of plan for augmentation: A. Water and structures to be augmented: Allor parts of the Dawson aquifer water requested herein.B. Water rights to be used for augmentation: Return flows from the use of notnontributary and nontributary groundwater and direct discharge of nontributaryground water. C. Statement of plan for augmentation: The subject Dawson aquifergroundwater may be used for inhouse, irrigation, and stockwatering purposes to serve aresidential development on the Subject Property for 300 years. Applicants estimate thatthere may be up to 140 lots located on the Subject Property but reserve the right torevise this amount. The lots will be served by individual wells which will withdraw atrates of flow of 15 gpm. For purposes of this application, Applicants estimate that eachlot will require approximately 0.3 acre-feet annually for inhouse use, irrigation use willrequire approximately 0.2 acre-feet annually for irrigation of 3500 square-feet of homelawn and garden, and stockwatering use will be approximately 0.05 acre-feet annuallyfor watering of up to 4 horses. Applicants reserve the right to revise these valueswithout the need of revising or republishing this application. Each lot will utilize non-evaporative septic systems. Consumptive use associated with inhouse use will beapproximately 10% of water used and it is estimated that approximately 10% of waterused for irrigation will be returned to the stream system. Stockwatering use will be100% consumed. During pumping Applicants will replace actual depletions to theaffected stream system pursuant to 37-90-137(9)(c), C.R.S. Because depletions mayoccur in both Water Divisions 1 and 2, this application is being filed in both divisions.Return flows from the development through nonevaporative septic systems andirrigation use accrue to the Arkansas River system and those return flows are sufficientto replace actual depletions to that system while those wells are being pumped. (Somereturn flows may also return to the South Platte River system based on the location ofthe Subject Property). Before any other type of sewage treatment is proposed in thefuture, including incorporation of the lots into a central sewage collection and treatmentsystem, Applicants, or successors and assigns, will amend this decree prior to suchchange and thereby provide notice of the proposed change to other water users bypublication procedures required by then existing law. Depletions which may occur tothe South Platte River system may not be replaced by return flows from use of thewater, if that is the case, said depletions will be replaced by direct discharges from thenontributary groundwater decreed herein, or from direct discharges or return flowsfrom other legally available sources. Applicants may also request that the total amountof depletion to both stream systems be returned to one system and for a finding thatthose replacements are sufficient. After pumping ceases, Applicants will demonstratethat any depletions which may occur to the stream systems are non-injurious and neednot be replaced. However, if the Court finds that such depletions need to be replaced,Applicants will reserve an adequate amount of nontributary groundwater underlying theSubject Property for replacement of post-pumping depletions. 10. Remarks: A.Applicants claim the right to withdraw more than the average annual amountsestimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R.402-7. B. Although Applicants have estimated the amounts of water available forwithdrawal from the subject aquifers based on estimates of relative values for specificyield and saturated thicknesses, Applicants request the right to revise the estimatesupward or downward, based on better or revised data, without the necessity ofamending this application or republishing the same. C. Applicants will withdraw all or


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parts of the not nontributary Dawson aquifer water requested herein under the plan ofaugmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE,Applicants pray that this Court enter a Decree: 11. Granting the application herein andawarding the water rights claimed herein as final water rights, except as to those issuesfor which jurisdiction of the Court will be specifically retained; 12. Specificallydetermining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water islegally available for withdrawal by the wells proposed herein, but that jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified hereinto provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on ornear Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule9.A.; B. The groundwater in the Dawson, Denver, and part of the Arapahoe aquifers isnot nontributary and ground water in part of the Arapahoe and the Laramie-Fox Hillsaquifers is nontributary ground water; C. Vested or conditionally decreed water rights ofothers will not be materially injured by the withdrawals of groundwater and the plan foraugmentation proposed herein; D. The post-pumping depletions caused by pumping ofthe not nontributary Dawson aquifer wells is noninjurious. FURTHER, Applicants praythat this Court grant such other relief as seems proper in the premises. (6 pages;Attachment 2 pages)

2000CW176 CONCERNING THE APPLICATION FOR WATER RIGHTS OF VITTORIOFAMILY LIMITED PARTNERSHIP, RLLP, APPLICATION FOR UNDERGROUND WATER RIGHTSFROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE ANDLARAMIE-FOX HILLS AQUIFERS, IN ELBERT COUNTY. 1. Name, Address, Telephone Number ofApplicant: Vittorio Family Limited Partnership, RLLP, 7580 S. Pitkin Ct., Aurora, Colorado 80016-2210(303) 699-2150 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202(303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3.Legal Description of Wells and Subject Property: The property which is the subject of this application isapproximately 70 acres of land located in the NW1/4NW1/4NW1/4; the S1/2NW1/4NW1/4; and theSW1/4NW1/4 of Section 12, T6S, R65W of the 6th P.M., as shown on Attachment A hereto. The wellswhich will withdraw the subject groundwater will be located at any location on the Subject Property subjectto Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to bewithdrawn from the subject aquifers underlying the Subject Property is nontributary groundwater asdescribed in 37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts ofwithdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules,2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts arerepresentative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated EstimatedAquifer Thickness Annual AmountDenver 343 feet 41 acre-feetArapahoe 235 feet 28 acre-feetLaramie-Fox Hills 208 feet 22 acre-feet

The average annual amounts available for withdrawal from the subject aquifers will depend on thehydrogeology and the legal entitlement of the Applicant and represents a claim to all nontributarygroundwater underlying the Subject Property. 6. Well Fields: Applicant requests that this Court determinethat Applicant has the right to withdraw all of the legally available groundwater lying below the SubjectProperty, through the wells requested herein and any additional wells which may be completed in the futureas Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, orotherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial,irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced forimmediate application to said uses, both on and off the Subject Property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resulting from the use ofwater from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdictionover the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks:


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A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimatedthe amounts of water available for withdrawal from the subject aquifers based on estimates of relativevalues for specific yield and saturated thicknesses, Applicant requests the right to revise the estimatesupward or downward, based on better or revised data, without the necessity of amending this application orrepublishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting theapplication herein and awarding the water rights claimed herein as final water rights, except as to thoseissues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A.Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by thewells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts ofwithdrawal specified herein to provide for the adjustment of such amounts to conform to actual localaquifer characteristics from adequate information obtained from wells or test holes drilled on or near theSubject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater inthe Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. C. Vested orconditionally decreed water rights of others will not be materially injured by the withdrawals ofgroundwater proposed herein and no findings of diligence are required to maintain these water rights.FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. (4pages; Attachment A-1 page)

2000CW177 CONCERNING THE APPLICATION FOR WATER RIGHTS OF LAKE POWELLLAND COMPANY, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROMNONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER ARAPAHOE AQUIFER INJEFFERSON COUNTY. 1. Name, Address, Telephone Number of Applicant: Lake PowellLand Company, LLC, 10050 Wadsworth Blvd.,Westminster, Colorado 80021 (303) 469-2534 (Holly I.Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. WellPermits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wellsand Subject Property: The property which is the subject of this application is approximately 346 acres ofland located in parts of the N1/2 and SW1/4 of Section 8, T2S, R69W of the 6th P.M., as more particularlydescribed and shown on Attachment A hereto. The wells which will withdraw the subject groundwater willbe located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source ofWater Rights: The source of the groundwater to be withdrawn from the subject aquifer underlying theSubject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. EstimatedAmounts: The estimated average annual amounts of withdrawal available from the subject aquifer asindicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application,Applicant estimates that the following annual amount is representative of the Lower Arapahoe aquiferunderlying the Subject Property:

Saturated EstimatedAquifer Thickness Annual AmountLower Arapahoe 80 feet 47 acre-feet

The average annual amounts available for withdrawal from the subject aquifer will depend on thehydrogeology and the legal entitlement of the Applicant and represents a claim to all nontributarygroundwater underlying the Subject Property. 6. Well Fields: Applicant requests that this Court determinethat Applicant has the right to withdraw all of the legally available groundwater lying below the SubjectProperty, through the wells requested herein and any additional wells which may be completed in the futureas Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, orotherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial,irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced forimmediate application to said uses, both on and off the Subject Property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resulting from the use ofwater from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdictionover the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks:A. Applicant claims the right to withdraw more than the average annual amount estimated in paragraph 5above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimatedthe amount of water available for withdrawal from the subject aquifer based on estimates of relative valuesfor specific yield and saturated thicknesses, Applicant requests the right to revise the estimate upward or


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downward, based on better or revised data, without the necessity of amending this application orrepublishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting theapplication herein and awarding the water rights claimed herein as final water rights, except as to thoseissues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A.Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by thewells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts ofwithdrawal specified herein to provide for the adjustment of such amounts to conform to actual localaquifer characteristics from adequate information obtained from wells or test holes drilled on or near theSubject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater inthe Lower Arapahoe aquifer is nontributary groundwater. C. Vested or conditionally decreed water rightsof others will not be materially injured by the withdrawals of groundwater proposed herein and no findingsof diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grantsuch other relief as seems proper in the premises. (4 pages; attachment A-2 pages)

2000CW178 CONCERNING THE APPLICATION FOR WATER RIGHTS OF BASSETPROPERTIES, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROMNONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF APLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE ANDLARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, INDOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: BassetProperties, LLC, 1933 Swede Gulch Road, Golden, Colorado 80401 (303) 526-0751(Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202(303) 534-3636). 2. Well Permits: Well permits will be applied for prior to constructionof the wells. 3. Legal Description of Wells and Subject Property: The wells which willwithdraw groundwater from the not nontributary Dawson and nontributary Denver,Arapahoe and Laramie-Fox Hills aquifers will be located at any location onapproximately 100 acres of land located in parts of the W1/2 of Section 5 and theNE1/4 of Section 6, T10S, R67W of the 6th P.M., as more particularly described andshown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: Thesource of the groundwater to be withdrawn from the Upper and Lower Dawson aquiferis not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. Thegroundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hillsaquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5.Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subjectamounts of groundwater at rates of flow necessary to efficiently withdraw the entiredecreed amounts. Applicant will withdraw the subject groundwater through wells to belocated at any location on the Subject Property, including an existing well completedinto the Dawson aquifer as permitted in Permit No. 200695A and which well will berepermitted to operate pursuant to the augmentation plan requested below. Applicantwaives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wellslocated on the Subject Property. The estimated average annual amounts of withdrawalavailable from the subject aquifers as indicated below, are based upon the Denver BasinRules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts arerepresentative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifersunderlying the Subject Property:

Saturated AnnualAquifer Thickness AmountDawson 170 feet 30 acre-feetDenver 357 feet 55 acre-feetArapahoe 260 feet 40 acre-feetLaramie-Fox Hills 184 feet 25 acre-feetThe average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicant and represents aclaim to all nontributary and not nontributary groundwater underlying the SubjectProperty. 6. Well Fields: Applicant requests that this Court determine that Applicant


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has the right to withdraw all of the legally available groundwater lying below the SubjectProperty, through the wells requested herein, which may be located anywhere on theSubject Property, and any additional wells which may be completed in the future asApplicant's well fields. As additional wells are constructed, applications will be filed inaccordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use all waterwithdrawn from the subject aquifers in a water system to be used, reused, successivelyused, leased, sold, or otherwise disposed of for the following beneficial purposes:municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational,fish and wildlife, and fire protection uses. Said water will be produced for immediateapplication to said uses, both on and off the property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resultingfrom the use of water from other sources, and for augmentation purposes. 8.Jurisdiction: The Water Court has jurisdiction over the subject matter of thisapplication pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of planfor augmentation: A. Groundwater to be augmented: All or part of the Dawsonaquifer groundwater requested herein as described in paragraph 5 above. B. Waterrights to be used for augmentation: Return flows from the use of not nontributary andnontributary groundwater and direct discharge of nontributary ground water. C.Statement of plan for augmentation: Applicant will use the Dawson aquifer water fordomestic, irrigation, and stockwatering uses, and use in a commercial stable operationon the Subject Property. The water will be withdrawn at rates of flow necessary towithdraw the entire annual amount. Actual use will be based on final planningconsiderations for the property. For purposes of this application, domestic use andcommercial sanitary facilities will require approximately 0.3 acre-feet to 1 acre-foot peryear, irrigation use will require approximately 0.057 acre-feet per year for irrigation ofevery 1000 square-feet of lawn, garden, trees, and pasture, stockwatering will requireapproximately 0.05 acre-feet per year for stockwatering of every 4 large domesticanimals. Use of the water in the stable operation will include cleaning of stalls anddust suppression. Applicant reserves the right to amend these values based on finalplanning considerations for the Subject Property without the necessity of amending thisapplication or republishing the same. Sewage treatment for domestic and commercialsanitary facility use will be provided by non-evaporative septic systems. Consumptiveuse associated with in-house and commercial use will be approximately 10% of waterused and it is estimated that approximately 10% of water used for irrigation will bereturned to the stream system. Stockwatering use and some stable uses, includingdust suppression, will be considered to be 100% consumptively used. Before any othertype of sewage treatment is proposed in the future, including incorporation of the lotsinto a central sewage collection and treatment system, Applicant, or successors andassigns, will amend this decree prior to such change and thereby provide notice of theproposed change to other water users by publication procedures required by thenexisting law. During pumping Applicant will replace actual depletions to the affectedstream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletionsmay occur to Plum Creek stream system. Return flows from use of the subject waterrights via that stream system will accrue to the South Platte River system, and thosereturn flows are sufficient to replace actual depletions while the subject groundwater isbeing pumped. After the entire amount decreed herein has been withdrawn or afterpumping ceases, Applicant will demonstrate that any depletions which may occur to thestream systems are non-injurious and need not be replaced. However, if the Courtfinds that such depletions need to be replaced, Applicant will reserve an adequateamount of nontributary groundwater underlying the Subject Property to meetaugmentation requirements. 10. Remarks: A. Applicant claims the right to withdrawmore than the average annual amounts estimated in paragraph 5B above pursuant toRule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimatedthe amounts of water available for withdrawal from the subject aquifers based onestimates of relative values for specific yield and saturated thickness, Applicant


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requests the right to revise the estimates upward or downward, based on better orrevised data, without the necessity of amending this application or republishing thesame. C. Applicant will withdraw all or parts of the not nontributary Dawson aquifergroundwater requested herein under the plan of augmentation requested hereinpursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Courtenter a Decree: 11. Granting the application herein and awarding the water rightsclaimed herein as final water rights, except as to those issues for which jurisdiction ofthe Court will be specifically retained; 12. Specifically determining that: A. Applicanthas complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal bythe wells proposed herein, but that jurisdiction will be retained with respect to theaverage annual amounts of withdrawal specified herein to provide for the adjustment ofsuch amounts to conform to actual local aquifer characteristics from adequateinformation obtained from wells or test holes drilled on or near Applicant's property,pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater inthe Dawson aquifer is not nontributary and groundwater in the Denver, Arapahoe andLaramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionallydecreed water rights of others will not be materially injured by the withdrawals ofgroundwater and the plan for augmentation proposed herein; D. No findings of diligenceare required to maintain these water rights. FURTHER, Applicant prays that this Courtgrant such other relief as seems proper in the premises.(5 pages; attachment A-2 pages)

2000CW179 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ARTHUR F.JONES AND ISABELL H. JONES, AS TRUSTEES OF THE JONES LIVING TRUSTDATED 5/27/75 AS AMENDED, APPLICATION FOR UNDERGROUND WATER RIGHTSFROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OFA PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AND DENVERAQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number ofApplicants: Arthur F. Jones and Isabell H. Jones, as Trustee of the Jones, Living Trustdated 5/27/75 as amended, 674 W. McArthur Drive, Littleton, Colorado 80124 (303)792-9440 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver,Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for priorto construction of the wells. 3. Legal Description of Wells and Subject Property: Thewells which will withdraw groundwater from the not nontributary Lower Dawson andDenver and nontributary Arapahoe and Laramie-Fox Hills aquifers will be located atany location on Lot 1, Stornoway Subdivision, comprised of 34.49 acres and generallylocated in part of the W1/2 of Section 21, T6S, R67W of the 6th P.M., as shown onAttachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of thegroundwater to be withdrawn from the Lower Dawson and Denver aquifers is notnontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. Thegroundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers isnontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. EstimatedAmounts and Rates of Withdrawal: The wells will withdraw the subject amounts ofgroundwater at rates of flow necessary to efficiently withdraw the entire decreedamounts. Applicants will withdraw the subject groundwater through wells to be locatedat any location on the Subject Property, including an existing well completed into theDenver aquifer as permitted in Permit No. 209025 which well will be repermitted tooperate pursuant to the augmentation plan requested below. Applicants waive any 600foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on theSubject Property. The estimated average annual amounts of withdrawal available fromthe subject aquifers as indicated below, are based upon the Denver Basin Rules, 2C.C.R. 402-6. Applicants estimate the following annual amounts are representative ofthe Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying theSubject Property:

Saturated Annual


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Aquifer Thickness AmountLower Dawson 106 feet 7.5 acre-feetDenver 241 feet 14.5 acre-feetArapahoe 329 feet 19.5 acre-feetLaramie-Fox Hills 159 feet 8.3 acre-feetThe average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicants and representsa claim to all nontributary and not nontributary groundwater underlying the SubjectProperty. 6. Well Fields: Applicants request that this Court determine that Applicantshave the right to withdraw all of the legally available groundwater lying below theSubject Property, through the wells requested herein, which may be located anywhereon the Subject Property, and any additional wells which may be completed in the futureas Applicants' well fields. As additional wells are constructed, applications will be filedin accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all waterwithdrawn from the subject aquifers in a water system to be used, reused, successivelyused, leased, sold, or otherwise disposed of for the following beneficial purposes:municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational,fish and wildlife, and fire protection uses. Said water will be produced for immediateapplication to said uses, both on and off the property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resultingfrom the use of water from other sources, and for augmentation purposes. 8.Jurisdiction: The Water Court has jurisdiction over the subject matter of thisapplication pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of planfor augmentation: A. Groundwater to be augmented: All of the Denver aquifergroundwater requested herein as described in paragraph 5 above. B. Water rights to beused for augmentation: Return flows from the use of not nontributary and nontributarygroundwater and direct discharge of nontributary ground water. C. Statement of planfor augmentation: Applicants will use the Denver aquifer water to serve up to 6residential lots through individual wells, including the existing well, for domestic,irrigation, and stockwatering use on the Subject Property at rates of flow necessary towithdraw the entire annual amount. For purposes of this application, inhouse use willrequire approximately 0.3 acre-feet per year per lot, irrigation use will requireapproximately 0.057 acre-feet per year for irrigation of every 1000 square-feet of homelawn or garden and 0.05 acre-feet per year for irrigation of every 1000 square-feet ofpasture, and stockwatering will require approximately 0.05 acre-feet per year forstockwatering of every 4 large domestic animals. Applicants reserve the right to amendthe number of lots to be served and these values based on final planning considerationsfor the Subject Property. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Consumptive use associated with in-house use will beapproximately 10% of water used and it is estimated that approximately 10% of waterused for irrigation will be returned to the stream system. Stockwatering uses will beconsidered to be 100% consumptively used. Before any other type of sewage treatmentis proposed in the future, including incorporation of the lots into a central sewagecollection and treatment system, Applicants, or successors and assigns, will amend thisdecree prior to such change and thereby provide notice of the proposed change to otherwater users by publication procedures required by then existing law. During pumpingApplicants will replace an amount equal to 4% of the annual amount withdrawnpursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur tothe Big Dry Creek stream system. Return flows from use of the subject water via thatstream system will accrue to the South Platte River system, and those return flows aresufficient to replace actual depletions while the subject groundwater is being pumped.After the entire amount decreed herein has been withdrawn or after pumping ceases,Applicants will demonstrate that any depletions which may occur to the stream systemsare non-injurious and need not be replaced. However, if the Court finds that suchdepletions need to be replaced, Applicants will reserve an adequate amount of


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nontributary groundwater underlying the Subject Property to meet augmentationrequirements. 10. Remarks:A. Applicants claim the right to withdraw more than the average annual amountsestimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R.402-7. B. Although Applicants have estimated the amounts of water available forwithdrawal from the subject aquifers based on estimates of relative values for specificyield and saturated thickness, Applicants request the right to revise the estimatesupward or downward, based on better or revised data, without the necessity ofamending this application or republishing the same. C. Applicants will withdraw thenot nontributary Denver aquifer groundwater requested herein under the plan ofaugmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE,Applicants pray that this Court enter a Decree: 11. Granting the application herein andawarding the water rights claimed herein as final water rights, except as to those issuesfor which jurisdiction of the Court will be specifically retained;12. Specifically determining that: A. Applicants have complied with 37-90-137(4),C.R.S., and water is legally available for withdrawal by the wells proposed herein, butthat jurisdiction will be retained with respect to the average annual amounts ofwithdrawal specified herein to provide for the adjustment of such amounts to conformto actual local aquifer characteristics from adequate information obtained from wells ortest holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S.and Denver Basin Rule 9.A.; B. The groundwater in the Lower Dawson and Denveraquifers is not nontributary and groundwater in the Arapahoe and Laramie-Fox Hillsaquifers is nontributary groundwater; C. Vested or conditionally decreed water rights ofothers will not be materially injured by the withdrawals of groundwater and the plan foraugmentation proposed herein;D. No findings of diligence are required to maintain these water rights. FURTHER,Applicants pray that this Court grant such other relief as seems proper in the premises.(5 pages; Attachment A-1 page)

2000CW180 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ELIZABETHPARKS AND RECREATION DISTRICT, APPLICATION FOR APPROVAL OF A PLAN FORAUGMENTATION, IN ELBERT COUNTY. 1. Name, Address, Telephone Number ofApplicant: Elizabeth Parks and Recreation District, P.O. Box 434, Elizabeth, Colorado80107 (303) 646-3599 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500,Denver, Colorado 80202 (303) 534-3636). 2. Description of plan for augmentation: A.Groundwater to be augmented: Approximately 13 acre-feet per year of not nontributaryUpper Dawson aquifer groundwater as decreed in Case No. 94CW190, District Court,Water Division 1. Applicant is the owner of the water rights decreed in that case,underlying and associated with approximately 60 acres of land located in part of theE1/2 of Section 7, T8S, R64W of the 6th P.M., as more particularly described andshown on Attachment A hereto ("Subject Property"). B. Water rights to be used foraugmentation: Return flows from the use of not nontributary Upper Dawson aquiferwater and return flows and direct discharge of nontributary groundwater underlying theSubject Property as previously decreed in this court in Case No. 94CW190. Applicant isthe owner of the following amounts of nontributary water underlying the SubjectProperty:Aquifer Annual AmountLower Dawson 13 acre-feetDenver 25 acre-feetArapahoe 24 acre-feetLaramie-Fox Hills 19 acre-feetC. Statement of plan for augmentation: The subject Upper Dawson aquifergroundwater will be used for sanitary facilities and irrigation use on the SubjectProperty. Applicant estimates that approximately 0.5 acre-feet per year may be used forsanitary facilities and the remaining amount will be used for irrigation. Sewage


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treatment for the sanitary facilities will be provided by non-evaporative septic systems.Consumptive use associated with the sanitary facilities will be approximately 10% ofwater used and it is estimated that approximately 10% of water used for irrigation willbe returned to the stream system. Before any other type of sewage treatment isproposed in the future, including incorporation into a central sewage collection andtreatment system, Applicant, or successors and assigns, will amend this decree prior tosuch change and thereby provide notice of the proposed change to other water users bypublication procedures in use at that time. D. During pumping Applicant will replaceactual depletions to the affected stream system pursuant to Section 37-90-137(9)(c),C.R.S. Applicant estimates that depletions occur to the Running Creek stream system.Return flows from use of the subject water rights from the sanitary facilities throughnonevaporative septic systems and from irrigation use, will accrue to the South PlatteRiver system and those return flows are sufficient to replace actual depletions while thesubject groundwater is being pumped. E. After the 100th year, after all the UpperDawson water is withdrawn, or after pumping ceases, Applicant will demonstrate thatany depletions which may occur to the stream systems are non-injurious and need notbe replaced. However, if the Court finds that such depletions need to be replaced,Applicant will reserve an adequate amount of nontributary groundwater underlying theSubject Property to meet augmentation requirements. 3. Remarks: Applicant willwithdraw the not nontributary Upper Dawson aquifer water underlying the SubjectProperty under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 4.Granting the application herein and specifically determining that vested or conditionallydecreed water rights of others will not be materially injured by the withdrawals ofgroundwater and the plan for augmentation proposed herein; FURTHER, Applicantprays that this Court grant such other relief as seems proper in the premises.(3 pages; attachment A-2 pages)

2000-CW-181 Larry E. Harris and Deborah K. Harris, P.O. Box 39, Timnath, Colorado 80547(Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, CO 80631)Application for Water Right and Change of Water Rights in Logan County. 2. Decreed Name ofStructures: Well µ 1498-R, Lone Tree Ditch and Huston Ditch. 3. Previous Decrees: A. A decreewas entered in the Water Court, Water Division µ 1, Case µ W-4115 on February 19, 1975adjudicating Pedroni Well µ 1-1498 located in the NW3 of the NW3 of Section 22, Township 9North, Range 51 West of the 6th P.M., Logan County, Colorado, at a point 855 feet South and680 feet East of the Northwest corner of said Section, with a date of appropriation of July 31,1917 in the amount 4.901 c.f.s. for the irrigation of 200 acres north and east of the well in theNW3 of the NW3of Section 22, and the SE3 of the SW3 and the SE3 of Section 15, all inTownship 9 North, Range 51 West of the 6th P.M., Logan County, Colorado. B. Lone Tree Ditchwas decreed in the Logan County District Court on July 20, 1896 for 82 c.f.s. with anappropriation date of July 15, 1895 for irrigation and domestic purposes the point of diversionbeing on the South bank of the South Platte River in the NE3 of Section 21, Township 9 North,Range 51 West of the 6th P.M. Logan County, Colorado. C. Huston Ditch was decreed inCase µ 547 in the Logan County District Court on May 29, 1897 for 10 c.f.s. with an appropriationdate of September 17, 1894 for irrigation and domestic purposes the point of diversion being inthe SW3 NW3 of Section 14, Township 9 North, Range 51 West of the 6th P.M. Logan County,Colorado. In Case µ 944 in the Logan County District Court the decree was transferred to theheadgate of the Lone Tree Ditch. 4. Historic Use: Well µ 1498, Lone Tree Ditch and Huston Ditchhave been used for irrigation of 144.9 acres located in parts of the NW3 of the NW3of Section 22,and the SE3 of the SW3 and the SE3 of Section 15, all in Township 9 North, Range 51 West ofthe 6th P.M., Logan County, Colorado. 5. Proposed Change: A. Applicant seeks alternate pointsof diversion for the Lone Tree Ditch and Huston Ditch. Applicant owns 11 cfs of the 82 cfsdecreed to the Lone Tree Ditch and 2 cfs of the 10 cfs decreed to the Huston Ditch and seeksapproval to pump the ditch rights from Well µ 1498-R and Harris Well µ 1, to be located on the


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south bank of the South Platte River in the NE3 SE3 of Section 15, Township 9 North, Range 51West all in the 6th P.M., Logan County, Colorado at a point 2150 feet north and 1220 feet west ofthe southeast corner of said section. Applicant seeks to change the use of Well µ 1498-R andthe ditch rights to irrigation, wildlife and wetland purposes, recharge and augmentation. Applicantalso seeks to make Harris Well µ 1 and Well µ 1498-R alternate points to each other. B.Applicant has analyzed the historic ditch and well diversions and historic consumptive use of thecombined water rights on the 144.9 acres irrigated. The crops grown during the historic studyperiod were corn, 22.21 acres; alfalfa 83.38 acres; beans 5.82 acres; beets 5.82 acres and wheat27.86 acres. Diversion of the Lone Tree Ditch and Huston Ditch rights from the wells may changethe timing of depletion to the river, but the volume of depletion will remain the same. Table 1shows the consumptive use in acre feet by month and the differences due to the alternate pointsof diversion.

TABLE I*

Historic Historic APD Net Ditch Well Well RiverDepletions Depletions Depletions Impact

Jan 5.66 -2.07 -6.24 -9.83Feb 1.70 -1.56 -7.16 -7.30Mar 0.46 -1.46 -10.94 -9.93Apr -16.57 -1.66 -9.52 8.71May -35.31 -2.58 -17.13 20.75Jun -31.15 -8.43 -36.81 2.77Jul -53.16 -15.58 -56.81 12.56Aug -47.24 -15.13 -57.41 4.97Sep -23.00 -11.85 -42.53 -7.68Oct 0.41 -8.25 -25.79 -17.95Nov 8.17 -4.57 -14.84 -18.44Dec 8.52 -2.91 -9.20 -14.81 -181.50 -76.07 -293.76 -36.20*All values are in acre feet and negative number denote depletions. GASP units are not includedin this table.

C. Applicant proposes to construct a recharge pond to develop recharge credits and a wetlandsarea on the property. Water will be pumped into the recharge and wetland areas. The rechargeand wetlands uses are included in the above table. The proposed change will not cause injury toother water rights. 6. Name of Structure: Harris Well µ 1. A. Legal Description: In the NE3 SE3 ofSection 15, Township 9 North, Range 51 West all in the 6th P.M., Logan County, Colorado at apoint 2150 feet north and 1220 feet west of the southeast corner of said section. B. Source:Tributary alluvium. C. Depth: 100 feet. D. Date of Appropriation: September 1, 2000. E. HowAppropriation Was Initiated: Preparation of Engineering. F. Amount Claimed: 1500 g.p.m. (3.33cfs), conditional. G. Use: Irrigation, wildlife and wetland purposes, recharge and augmentation. 7.Name and Address of Owners of Structures: Applicant.

98CW427 SECOND AMENDED APPLICATION FOR WATER STORAGE RIGHT OFRADEMACHER FAMILY PARTNERSHIP, LLLP, IN WELD COUNTY, COLORADO1. Name, address and telephone number of applicant: Rademacher Family Partnership, LLLP, P.O. Box8329, Longmont, CO 80502-8329, (303) 678-5743. Copies of all pleadings to: Richard A. Johnson,Johnson Repucci & Berg LLP, 1401 Walnut Street, Suite 500, Boulder, CO 80302, (303) 442-1900. 2.The original application filed in this case on December 17, 1998 (the “Original Application”) shall beamended to provide for refill rights for Blue Heron Reservoir. Legal Description of the Structure to whichthis Amendment Applies: Pursuant to Uniform Water Court Rule 4(a), the legal description of the structureto which this portion of the second amendment applies is: Blue Heron Reservoir-The Blue HeronReservoir is located in the SW1/4 of Section 3, T. 2 N., R. 68 W. of the 6th P.M., Weld County, Colorado.The approximate center point of the Reservoir is 1,570 feet north of the south section line and 1,185 feeteast of the west section line of Section 3. Accordingly, in order to provide for refill rights for Blue Heron


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Reservoir, Paragraph 6.A of the Original Application shall now read as follows: “6. Amount claimed:A. in acre feet, 1,700, conditional, with the right to fill and refill.” 3. The first amended applicationapproved on March 31, 2000 (“First Amended Application”), shall be amended to modify the diversion raterequested for the Rural Ditch diversion. Legal Description of the Structure to which this AmendmentApplies: Pursuant to Uniform Water Court Rule 4(a), the legal description of the structure to which thisportion of the second amendment applies is: Rural Ditch Diversion - The Rural Ditch diverts water fromBoulder Creek in the Northeast 1/4 of Section 20, Township 2 North, Range 68 West of the 6th P.M., WeldCounty, Colorado; the approximate diversion point is about 1,400 feet west of the east line, and 2,275 feetsouth of the north line of Section 20. Water diverted at this structure will be conveyed through the RuralDitch to the Idaho Creek headgate located in the Southeast 1/4 of Section 16, Township 2 North, Range 68West, the approximate point of diversion being 420 feet west of the east line of Section 16, and 1,420 feetnorth of the south line of Section 16; and/or to the Rademacher Lateral headgate located in the Northeast1/4 of Section 10, Township 2 North, Range 68 West of the 6th P.M, the approximate point of diversionbeing 3,860 feet east of the west line of Section 10, and 540 feet south of the north line of Section 10.Accordingly, in order to modify the diversion rate requested for the Rural Ditch diversion, Paragraph 3.dof the First Amended Application shall now read as follows: “3. Amount claimed: * * * (d) RuralDitch Diversion Structure - 25 cfs, conditional.” 4. Remarks: A. Except as expressly amended hereby, allthe claims, provisions, terms and conditions of the Original Application and First Amended Applicationshall remain in full force and effect. B. Applicant requests that this amendment relate back to the filing ofthe Original Application in this matter. C. Applicant stipulates that all previous statements of oppositionfiled in this matter shall remain valid as against the application as amended, without the need to renew suchstatements. (3 pages)

98CW447, BOULDER COUNTY; Amended Application for Water Rights, Change in WaterRights and Approval of Plan for Augmentation; James W. Guerco(Glenn E. Porzak, Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300,Boulder, Colorado 80302, (303) 443-6800);I. Application for Conditional Storage and Direct FlowRights. 2. Name of Structures: Caribou Ranch Trout Ponds. The Caribou Ranch Trout Ponds willinclude up to five ponds. 3. Legal Description of Structures: A. Caribou Ranch Trout Ponds. TheCaribou Ranch Trout Ponds will be located generally in the S1/2 N1/2 and N1/2 S1/2 of Section 1,Township 1 South, Range 73 West of the 6th P.M., Boulder County, Colorado, up to a maximum surfacearea of 9.8 acres; provided, however, that none of the Caribou Ranch Trout Ponds shall be located directlyon or within 50 feet of North Boulder Creek. The specific locations for each of the Caribou Ranch TroutPonds will be within 2000 feet of each of the following: i. Pond 1. Pond 1 will be situated such that itssouth abutment is at a distance of approximately 1230 feet and bearing approximately N. 77° E. from theNorthwest corner of the Southwest 1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M.ii.Pond 2. Pond 2 will be situated such that its south abutment is at a distance of approximately 1620 feet andbearing approximately N. 84° E. from the Northwest corner of the Southwest 1/4 of Section 1, Township 1South, Range 73 West of the 6th P.M. iii. Pond 3. Pond 3 will be situated such that its south abutment isat a distance of approximately 2180 feet and bearing N. 84° E. from the Northwest corner of the Southwest1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M. iv. Pond 4. Pond 4 will be situatedsuch that its south abutment is at a distance of approximately 2970 feet and bearing due East from theNorthwest corner of the Southwest 1/4 of Section 1, Township 1 South, Range 73 Wet of the 6th P.M. v.Pond 5. Pond 5 will be situated such that its south abutment is at a distance of approximately 3450 feet andbearing approximately S. 84° E. from the Northwest corner of the Southwest 1/4 of Section 1, Township 1South, Range 73 West of the 6th P.M.B. Caribou Ranch Trout Ponds Diversion Structure: The headgate of the diversion structure intended to beused to fill and refill the Ponds (the Caribou Ranch Trout Ponds Diversion Structure) will be located onNorth Boulder Creek a distance of approximately 1165 feet and bearing approximately N. 86.25° W. fromthe Northwest corner of the Southwest 1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M.,Boulder County, Colorado. Diversions from North Boulder Creek at the Caribou Ranch Trout PondsDiversion Structure will travel through a ditch and enter Pond 1 and then flow through the other Pondsbefore returning to North Boulder Creek. 5. Source: North Boulder Creek, tributary to Boulder Creek,tributary to St. Vrain Creek, tributary to the South Platte River, and springs tributary to the Como Creekwatershed, a tributary of North Boulder Creek. 6. Amount Claimed. A combined total of 142.4 acre-feetconditional for the Caribou Ranch Trout Ponds, with the right to divert at the Caribou Ranch Trout Ponds


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Diversion Structure up to 4 cfs conditional for purposes of filling and refilling the Ponds and 2 cfsconditional for providing freshening flows to the Ponds. The 2 cfs freshening flow water right shall be anonconsumptive water right and, whenever water is being diverted thereunder at the headgate of theCaribou Ranch Trout Ponds Diversion Structure, water shall be simultaneously released from the lowest oreastern most of the Ponds at the same rate in cfs as the rate of diversion at the headgate of the CaribouRanch Trout Ponds Diversion Structure. 7. Storage Capacity and Pond Dimensions. The precisedimensions of each Pond and quantity of water to be stored therein will be determined prior to construction,but limited only by a total storage volume of 142.4 acre-feet and 9.8 surface acres. For informationalpurposes only, Applicant is currently proposing the following five ponds: A. Pond 1. Storage volume of19.22 acre-feet; maximum dam height 12 feet, maximum dam elevation 8324 feet; and maximum surfacearea 1.4 acres. B. Pond 2. Storage volume of 30.64 acre-feet; maximum dam height 9 feet, maximum damelevation 8308 feet; and maximum surface area 2.1 acres. C. Pond 3. Storage volume of 24.48 acre-feet;maximum dam height 9.5 feet, maximum dam elevation 8287 feet; and maximum surface area 1.9 acres.D. Pond 4. Storage volume of 29.42 acre-feet; maximum dam height 10 feet, maximum dam elevation8255 feet; and maximum surface area 2.3 acres. E. Pond 5. Storage volume of 38.65 acre-feet; maximumdam height 7 feet, maximum dam elevation 8227 feet; and maximum surface area 2.8 acres. 8.Appropriation. A. Date of Initiation of Appropriation. On or about June 1, 1976. This date is based uponthe formation of intent to appropriate coupled with actions sufficient to put third parties on notice of suchintent to appropriate. 9. Beneficial Uses. Piscatorial, fishing, aesthetic, wildlife, recreation, andaugmentation of the Pond evaporation losses. 10. Name and Address of Owner(s) of Land. Applicant isthe owner of the land underlying the Caribou Ranch Trout Ponds and the Caribou Ranch Trout PondsDiversion Structure. II. Change of Water Rights. 11. Name of Structures to be Changed: A. CaribouSpring No. 1. B. Caribou Spring No. 2. C. Caribou Spring No. 3. D. Caribou Spring No. 4. E. CaribouSpring No. 5. F. Caribou Spring No. 6. G. Caribou Spring No. 15. H. Caribou Spring No. 17. 12. ByPrior Decree: A. Caribou Spring No. 1, decreed by the District Court in and for Water Division No. 1 (the“Water Court”) in Case No. W-7179 on March 23, 1983, for 0.223 cfs absolute for irrigation, stockwateringand domestic uses, with an appropriation date of December 31, 1945, the source of which is the ComoCreek watershed. The point of diversion is located in the NW1/4 SW1/4 of Section 1, Township 1 South,Range 73 West of the 6th P.M. B. Caribou Spring No. 2, decreed by the Water Court in Case No. W-7179on March 23, 1983, for 0.334 cfs absolute for irrigation, stockwatering and domestic uses, with anappropriation date of December 31, 1945, the source of which is the Como Creek watershed. The point ofdiversion is located in the SW1/4 NW1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M.C. Caribou Spring No. 3, decreed by the Water Court in Case No. W-7179 on March 23, 1983, for 0.28 cfsabsolute for irrigation, stockwatering and domestic uses, with an appropriation date of December 31, 1945,the source of which is the Como Creek watershed. The point of diversion is located in the SW1/4 NW1/4of Section 1, Township 1 South, Range 73 West of the 6th P.M. D. Caribou Spring No. 4, decreed by theWater Court in Case No. W-7179 on March 23, 1983, for 0.223 cfs absolute for irrigation, stockwateringand domestic uses, with an appropriation date of December 31, 1945, the source of which is the ComoCreek watershed. The point of diversion is located in the SW1/4 NW1/4 of Section 1, Township 1 South,Range 73 West of the 6th P.M. E. Caribou Spring No. 5, decreed by the Water Court in Case No. W-7179on March 23, 1983, for 0.33 cfs absolute for irrigation, stockwatering and domestic uses, with anappropriation date of December 31, 1945, the source of which is the Como Creek watershed. The point ofdiversion is located in the NW1/4 SW1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M.F. Caribou Spring No. 6, decreed by the Water Court in Case No. W-7179 on March 23, 1983, for 0.446cfs absolute for irrigation, stockwatering and domestic uses, with an appropriation date of December 31,1945, the source of which is the Como Creek watershed. The point of diversion is located in the NW1/4SW1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M. G. Caribou Spring No. 15,decreed by the Water Court in Case No. W-7222 on March 23, 1983, for 0.53 cfs absolute for irrigation andstockwatering uses, with an appropriation date of December 31, 1965, the source of which is the ComoCreek watershed. The point of diversion is located in the SW1/4 NW1/4 of Section 1, Township 1 South,Range 73 West of the 6th P.M. H. Caribou Spring No. 17, decreed by the Water Court in Case No. W-7222 on March 23, 1983, for 0.51 cfs absolute for irrigation and stockwatering uses, with an appropriationdate of December 31, 1965, the source of which is the Como Creek watershed. The point of diversion islocated in the SE1/4 NW1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M. 13. ProposedChanges: Applicant seeks to change the use of the Caribou Spring Nos. 1-6, 15 and 17 to include diversioninto storage in the Caribou Ranch Trout Ponds for piscatorial, fishing, aesthetic, wildlife and recreation


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purposes and augmentation of pond evaporation losses. These new uses are in addition to the presentdecreed uses of the foregoing water rights. 14. Name and Address of Owner of Land. Applicant owns theland on which the place of use (the Caribou Ranch Trout Ponds) is located. III. Plan for Augmentation15. Name of Structures to be Augmented. Caribou Ranch Trout Ponds described herein. 16. Source ofAugmentation Water. A. 4.3 acre feet per year of water for augmentation of net out-of-priorityevaporation losses from the Caribou Ranch Trout Ponds will be provided by the City of Boulder pursuantto paragraph 20(a)(2) of the Purchase and Easement Agreement dated December 26, 1996, betweenapplicant and the City of Boulder, as amended. Boulder will provide such water from the followingsources: (1) The North Boulder Farmers Ditch water rights described as: (a) Date decrees entered, CaseNos. and Courts, amounts, appropriation dates, decreed uses: North Boulder Farmers Ditch: 1.05 cfs ofthe June 1, 1862 North Boulder Farmers Ditch water right and 3.64 cfs of the June 1, 1863 North BoulderFarmers Ditch water right, represented by 560.2 shares of the North Boulder Farmers Ditch Company, amutual ditch company with 5,712 shares. The North Boulder Farmers Ditch was decreed water rights for10.78 cfs with an appropriation date of June 1, 1862, and for 37.22 cfs with an appropriation date of June 1,1863, by the District Court in and for Boulder County on June 2, 1882. The North Boulder Farmers Ditchwater rights represented by the above-described 560.2 shares were the subject of a decree entered by theDistrict Court, Water Division No. 1 on December 22, 1997 in Case No. 94CW285. By that decree, suchwater rights were changed to allow use and reuse by Boulder for municipal purposes, includingaugmentation. (b) Decreed points of diversion and places of storage: The decreed points of diversion and places ofstorage for the North Boulder Farmers Ditch water rights represented by the 560.2 shares described inparagraph (a) above are as follows: North Boulder Farmers Ditch: The decreed point of diversion for theNorth Boulder Farmers Ditch is on the north bank of Boulder Creek in the SW1/4 SW1/4, Section 30, T. 1N., R. 70 W. of the 6th P.M., commonly known as the 12th Street Bridge Headgate, at the intersection ofBroadway with Boulder Creek, between Canyon Boulevard and Arapahoe Avenue in the City of Boulder;Lakewood Pipeline: The pipeline intake from Lakewood Reservoir also known as Headgate No. 1 of theBoulder City Pipeline, located on North Boulder Creek at a point whence the SE corner of Section 1, T. 1S., R. 73 W. of the 6th P.M. bears S. 3°15' E. a distance of 2300 plus/minus feet; Boulder City Pipeline #3aka Barker Pipeline: the pipeline intake from Barker Meadow Reservoir, located on Middle Boulder Creekat a point whence the northwest corner of Section 17, T. 1 S., R. 72 W. of the 6th P.M. bears N. 16°04' W. adistance of 1920 plus/minus feet; Barker Meadow Reservoir: Barker Meadow Reservoir is located on themainstem of Middle Boulder Creek in the W1/2 of Section 17 and in Section 18, T. 1 S., R. 72 W. of the6th P.M. and in the E1/2 of Section 13, T. 1 S., R. 73 W. of the 6th P.M.; the location of the outlet ofBarker Meadow Reservoir is approximately 438 feet East and 1,750 feet south of the northwest corner ofSection 17, T. 1 S., R. 72 W. of the 6th P.M.; Farmers Ditch: the decreed point of diversion for theFarmers Ditch is on the north bank of Boulder Creek in the NW1/4 NW1/4 of Section 36, T. 1 N., R. 71 W.of the 6th P.M.; the location of the actual point of diversion for the Farmers Ditch is on the north bank ofBoulder Creek approximately 250 feet south and 126 feet east of the NW corner of Section 36, T. 1 N., R.71 W. of the 6th P.M.; Boulder Reservoir: Boulder Reservoir is located in Sections 3, 4, 9 and 10, T. 1 N.,R. 70 W. and in Section 33, T. 2 N., Range 70 West of the 6th P.M.; Skyscraper Reservoir: SkyscraperReservoir is located in the SW1/4 SE1/4, Section 16, T. 1 S., R. 74 W., 6th P.M.; Silver Lake Reservoir:Silver Lake Reservoir is located in Sections 20, 21, 28 and 29 of T. 1 N., R. 73 W., 6th P.M.; Island Lake:Island Lake is located in Sections 20 and 29, T. 1 N., R. 73 W., 6th P.M.; Goose Lake: Goose Lake islocated in Sections 19 and 30, T. 1 N., R. 73 W., 6th P.M.; Lake Albion: Lake Albion is located in Section18, T. 1 N., R. 73 W., 6th P.M.; Green Lakes Reservoir #1: Green Lakes Reservoir #1 is located inSection 18, T. 1 N., Range 73 W., 6th P.M.; Green Lakes Reservoir #2: Green Lakes Reservoir #2 islocated in Section 18, T. 1 N., R. 73 W., 6th P.M.; Green lakes Reservoir #3: Green Lakes Reservoir #3 islocated in Section 18, T. 1 N., R. 73 W., 6th P.M. (c) Source: Boulder Creek, North Boulder Creek andMiddle Boulder Creek. (2) The 4.3 acre feet per year of augmentation water may also be provided by theCity of Boulder from any other water right available to Boulder that is decreed for augmentation and isavailable at the required location and time. B. The release of water stored in priority in the Caribou RanchTrout Ponds as described herein. 17. Description of Plan for Augmentation. Applicant seeks approval of aplan to augment out of priority evaporation losses from the Caribou Ranch Trout Ponds, which will net amaximum total of 6.4 acre feet per year. Such evaporation loss depletions will be augmented by the releaseof the 4.3 acre feet of augmentation water set forth in paragraph 16A, and the release of water in storagefrom the Caribou Ranch Trout Ponds at appropriate monthly intervals or as otherwise directed by the


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Division Engineer. Alternately, Guercio may reduce the size of the total surface area of the Caribou RanchTrout Ponds to reduce the total augmentation requirement under its plan for augmentation. Applicant willinstall such measuring devices, provide such calculations, and implement such accounting procedures asmay be required to verify that the amount of augmentation water equals the amount of out of prioritydepletions from the Caribou Ranch Trout Ponds, and verify that such augmentation water is provided at theappropriate intervals to prevent injury to vested water rights and decreed conditional rights.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of November, 2000 to filewith the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why acertain application should not be granted or why it should be granted only in part or on certain conditions.A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorneyand an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,CRCP. (Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley,CO 80632.

RULINGS ENTERED BY REFEREE LIESMAN ON 09-05-2000

97CW140 CITY OF LAFAYETTE BOULDER PAGES 04

97CW186 TODD CREEK FARMS ADAMS PAGES 08METROPOLITAN DIST 1


94CW273 CITY OF LITTLETON, COLO. ARAPAHOE PAGES 09& THE SOUTH SUBURBAN PARK& RECREATION DISTRICT

98CW323 WELD COUNTY LAND WELD PAGES 10INVESTORS, INC

99CW039 DIAMOND RIDGE ESTATES,LLC DOUGLAS PAGES 10DIAMNOND RIDGE PARTNERS,LLCAND MEADOW LARK MESA,LLC

99CW195 PATRICK MAHER AND DOUGLAS PAGES 09DIAMOND RIDGE , LLC

99CW214 YOUNGERFAMILY PARTNER- EL PASO PAGES 15SHIP ET AL


99CW146 DIAMOND RIDGE LLC DOUGLAS PAGES 09

98CW293 CITY OF THORNTON ADAMS PAGES 04RULING ENTERED BY REFEREE LIESMAN ON 09-14-2000

99CW191 CITY OF LAFAYETTE BOULDER PAGES 07

DECREES ENTERED BY JUDGE HAYS ON 09-06-2000

96CW003 PINEHURST COUNTRY CLUB DENVER PAGES 17

97CW330 DONALD & LAURA BANGHART JEFFERSON PAGES 03


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99CW133 RICHARD & DENISE RYERSON JEFFERSON PAGES 02DECREE ENTERED BY JUDGE JOHN ANDERSON ON 08-24-2000WATER DIVISION 2 CONSOLIDATED CASE NO. 99CW167

99CW237 PULPIT ROCK INNVESTMENTS EL PASO PAGES 16________________________________________________________________________CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 09-28-2000

94CW273 CITY OF LITTLETON, COLO. ARAPAHOE PAGES 09& THE SOUTH SUBURBAN PARK& RECREATION DISTRICT

97CW140 CITY OF LAFAYETTE BOULDER PAGES 04DECREES ENTERED BY JUDGE HAYS ON 09-28-2000

97CW186 TODD CREEK FARMS ADAMS PAGES 08METROPLOITAN DISTRICT 1

99CW039 DIAMOND RIDGE ESTATES, LLC DOUGLAS PAGES 10DIAMOND RIDGE PARTNERS, LLCAND MEADOW LARK MESA, LLC

99CW195 PATRICK MAHER AND DOUGLAS PAGES 09DIAMOND RIDGE, LLC

99CW214 YOUNGER FAMILY PARTNERSHIP EL PASO PAGES 15ET AL

Documents

September, 2000 Resume Page 1 - CO Courts · Pursuant to CRS, 37-92-302, you are hereby notified that the following pages to comprise a resume of applications and amended applications