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DISTRICT COURT, WATER DIVISION 1, COLORADO

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DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 2018 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S , you are notified that the
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DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 2018 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S , you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of OCTOBER 2018 for each County affected. 18CW26 GARY L. STAMPER, PO Box 466, Fairplay, CO ; SACRED LIVING INC/STAMPER LAND LLC, PO Box 731, Fairplay, CO 80440; ; NORTH FORK ASSOCIATES, 2686 S Yukon Ct., Lakewood, CO 80227; MOUNTAIN MUTUAL RESERVOIR CO., 6949 Hwy. 73, Ste. 15, Evergreen, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Date of original decree: in case 04CW283 WD1; Subsequent decree: in case 12CW22 WD1. The reach of the exchange shall extend from the historic point of diversion for the Guiraud 3T ditch in the NE1/4 of S8, T11S, R76W, 6 th PM and thence up the Middle Fork of the S Platte river to the point where depletions from the Stamper/Scared Living Well Nos. 1, 2 and 3 impact the Middle Fork in the NE1/4, NE1/4 S3, T10S, R77W 6 th pm. Source: ground water that is tributary to the Middle Fork of the S Platte river. Appropriation date: Well no 1, ; Wells No 2 and 3, Amount: Well no 1, 15 gpm, Absolute. Wells Nos. 2 and 3, 15 gpm, Conditional. Depth: Well no 1 is 120 ft; Well no 2 is 70 ft; Well No 3 is 80 ft. Claim to make absolute: Date water applied to beneficial use: Use: Domestic, commercial, irrigation, stock watering, 3-4 horses, fire protection landscaping nursery. Street address: 12 Stamper Lane; 45 Stamper Lane; 65 Stamper Lane, Fairplay, CO. Stamper Land Subdivision, Lots 1, 2, 3. **Resume published by Division One** 18CW3164 (Water Div 2 case 18CW3056) Nathan Hammel 3215 Pinehurst Circle, Colorado Springs, CO Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation of Nathan Hammel in EL PASO COUNTY. I. Name, Address, and Phone Number of Applicant. Nathan Hammel 3215 Pinehurst Circle, Colorado Springs, CO Name, Address, and Phone Number of Attorneys. Chris D. Cummins, #35154, Monson, Cummins, & Shohet, LLC, Northgate Estates Drive, Suite 250, Colorado Springs, Colorado 80921, (719) II. Summary of Application. Applicant seeks to quantify all Denver Basin groundwater underlying Applicant s approximately 5.29 acre property in El Paso County, Colorado, and to obtain a plan for augmentation for the use of a not-nontributary Dawson aquifer well thereon to provide water service to a single family dwelling including domestic, landscape and garden irrigation, greenhouse irrigation, stock watering, and equipment and structure washing. III. Application for Underground Water Rights. A. Location of Property and Well. 1. Property Description. Applicant s property is located in the NW1/4 of the NE1/4 of Section 22, Township 11 South, Range 66 West of the 6 th P.M., El Paso County, Colorado, specifically described as Tract 24 of the Walden III subdivision which contains approximately 5.29 acres, more or less ( Applicant s Property ). See attached Exhibit A for a general location map. 2. Existing Well Permit. There is currently a well permit for an existing exempt well to the Dawson aquifer located on the Applicant s Property as described above, approximately 130 feet from the north section line and 2,320 feet from the east section line of said Section 22, El Paso County, Colorado permitted as Division of Water Resources Permit No B. Water Source. 1. Not-Nontributary. The ground water to be withdrawn from the Dawson and Denver aquifers underlying Applicant s Property is not-nontributary. Pursuant to C.R.S (9)(c) the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions, while augmentation requirements for wells in the Denver aquifer, being greater than one mile from contact with surface streams, will require replacement of 4% of pumping. 2. Nontributary. The groundwater that will be withdrawn from the Arapahoe, and Laramie-Fox Hills aquifers of the Denver Basin underlying the Applicant s Property is nontributary. C. Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal. Pumping from any well on 1 Applicant s Property will not exceed 100 g.p.m. The actual pumping rate for any well will vary according to aquifer conditions and well production capabilities. Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant s Property. Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant s Property: Groundwater Quantification Elevation: 7,450 ft Acres: 5.29 NW1/4 NE1/4 Sec 22 T11S R66W Denver Basin Aquifer Elevation (ft amsl) Net Sand Depth (feet) Total Decreed amounts may vary based upon the State s Determination of Facts. Pursuant to C.R.S (11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. D. Requested Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant s Property consisting of domestic, commercial, indoor and outdoor irrigation, stock watering, recreation, wildlife, wetlands, fire protection, equipment and structure washing, and also for storage and augmentation purposes associated with such uses. Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant s Property subject, however, to the requirement of C.R.S (9)(b), that no more than 98% of the amount withdrawn annually shall be consumed. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct a well or use water from the not-nontributary Dawson and Denver aquifers pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such notnontributary aquifers in accordance with C.R.S (9)(c.5). E. Well Fields. Applicant requests that he be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant s Property through any combination of wells, should additional wells be approved in the future. Applicant requests that these wells be treated as a well field. F. Averaging of Withdrawals. Applicant requests that he be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicant s Property, so long as the sum of the total withdrawals from the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which Applicant is entitled to withdraw from the aquifers underlying the Applicant s Property. G. G: Name and Address of Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by the Applicant. IV. Application for Approval of Plan for Augmentation. A. Structure to be Augmented. The structure to be augmented is an existing well to the not-nontributary Dawson aquifer along with any replacement along with and replacement well that may subsequently be constructed ( Hammel Well No. 1 ). B. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping Year 300 Year Bottom Top (ft) Bottom Top (AF) (AF) (AF) Dawson (NNT) Denver (NNT) Arapahoe (NT) Laramie Fox Hills (NT) of the not-nontributary Dawson aquifer from Hammel Well No. 1 together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. C. Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer proposed herein. Water use criteria and their consumptive use component for replacement of actual depletions for the lot is estimated as follows: 1. Use. The well will pump a maximum of 1.6 acre-feet of water per year from the Dawson aquifer for up to 100 years. Such use shall be a combination of household use, irrigation of lawn and garden, greenhouse irrigation, equipment and structure washing, and the watering of horses, chickens, or equivalent livestock. 2. Depletions. It is estimated that maximum stream depletions over a 100 year pumping period for the Dawson aquifer amounts to approximately 7.6% percent of pumping. Maximum annual depletions for total residential pumping from Hammel Well No. 1 is therefore acre-feet in year 100. Should Applicant s pumping be less than the 1.6 acre-foot described herein, resulting depletions will be correspondingly reduced thereby maintaining proper replacement by non-evaporative septic return flows from household use as described below. 3. Augmentation of Depletions During Pumping. Pursuant to C.R.S (9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of augmented wells to the Dawson aquifer. Wastewater from in-house uses will be treated via a non-evaporative septic system. As such, depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre-feet per residence per year, acre-feet is replaced to the stream system per year as the house utilizes a non-evaporative septic system. Thus, during pumping for 100 years at a rate of 1.6 acre-foot per year, maximum annual stream depletions of acre-feet will be adequately augmented. 4. Augmentation for Post Pumping Depletions. For the replacement of any injurious post pumping depletions which may be associated with the use of the Hammel Well No. 1, Applicant will reserve the Laramie-Fox Hills aquifer as a replacement source. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Applicant reserves the right in the future under the Court s retained jurisdiction to prove that post pumping depletions will be noninjurious. Upon entry of a decree in this case, Applicant will be entitled to apply for and receive a well permit for Hammel Well No. 1 for the uses in accordance with this Application and otherwise in compliance with C.R.S V. Remarks. A. This Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the South Platte River system where the majority of such depletions will occur, and it is Applicant s intent to consolidate the instant matter with pending Division 2 application in Water Division 1 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte River as set forth herein, and for a finding that those replacements are sufficient. B. Applicant requests a finding that he has complied with C.R.S (4, and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary Dawson aquifer well upon the entry of a decree approving an augmentation plan pursuant to C.R.S (9)(c.5). C. The term of this augmentation plan is for 100 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well s actual pumping. D. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. E. Pursuant to C.R.S , upon approval of the plan for augmentation requested herein, Applicant will file an application with the State Engineer s office to permit Hammel Well No. 1 for operation under the plan for augmentation. F. Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. G. All wells shall be installed and metered as reasonably required by the State and Division Engineer. Any well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as 3 otherwise requested by the Division Engineer. Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. H. Applicant intends to waive the 600-foot well spacing requirement for any wells to be located upon the Applicant s Property. I. There are no lienholders on the Applicant s Property, and therefore the notice provisions set forth in C.R.S (2)(b) and (4)(b.5)(I),are inapplicable to this application. 18CW3165 (11CW202, 05CW9, 98CW332 and 89CW224) City of Arvada, c/o Water Resources Administrator, 8101 Ralston Road, Arvada, CO Please send all correspondence and pleadings to: Steven P. Jeffers, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, 363 Centennial Parkway, Suite 110, Louisville, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. 2. Name of structure: Highway 93 Lakes. 3. Describe conditional water right from previous decree: A) Date of original decree, case no. and court: The original decree was entered in Case No. 89CW224, District Court, Water Division 1, on August 18, B) Subsequent diligence decrees: Diligence decrees were entered in Case No. 98CW332 on January 12, 1999, in Case No. 2005CW9 on October 13, 2005, and in Case No. 11CW202 on October 28, C) Legal description: Highway 93 Lakes is a series of proposed lakes that will be created through the excavation of gravel. The original decree did not include any dams. Highway 93 Lakes will be located in the N1/2 and the N1/2 of the S1/2 of Section 34, Township 2 South, Range 70 West, of the 6 th P.M. in Jefferson County, Colorado. A map showing the location of the lakes and the structures to be used to fill the lakes is attached hereto as EXHIBIT A. D) Name of ditches and other structures used to fill reservoir, and legal description of each point of diversion: i. Clear Creek: Water will be diverted from Clear Creek through the Croke Canal, Farmers High Line Canal and/or Church Ditch (a/k/a The Golden City and Ralston Creek Ditch), diverted out of the ditches into Ralston Creek to flow down to Arvada s Croke Canal Pump Station on Ralston Creek, pumped from Croke Canal Pump Station up to Arvada Reservoir and pumped from Arvada Reservoir to Highway 93 Lakes. Water may also be delivered from the Church Ditch into Arvada Reservoir through Arvada s Church Ditch Pump Station. Arvada may also deliver water directly to the Croke Canal Pump Station through a diversion structure constructed on the Farmers High Line Canal. The Clear Creek headgates of the above-described ditches are located as follows: a. Croke Canal: On the north bank of Clear Creek in the NW1/4 NE1/4 of Section 26, Township 3 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado. b. Farmers Highline Canal: On the north bank of Clear Creek in the N1/2 SW1/4 of Section 27, Township 3 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado, about 860 feet South, 7 30 East (magnetic bearing) from the northeast corner of the west 1/2 of said Section 27. c. Church Ditch (a/k/a The Golden City and Ralston Creek Ditch): On the north bank of Clear Creek about one mile west of Golden, at a point in the SE1/4 NW1/4 NE1/4 of Section 32, Township 3 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado, South 69º30 West, 1450 feet from the NE corner of said Section 32. d. Arvada s Croke Canal Pump Station is located near the intersection of the Croke Canal and Ralston Creek, in the SW1/4 NE1/4 of Section 1, Township 3 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado. e. The Church Ditch Pump Station is located near the intersection of the Church Ditch and Ralston Creek in the NE1/4 SW1/4 of Section 2, Township 3 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado. ii. Arvada Reservoir: The center line of the dam for Arvada Reservoir is described as follows: Commencing at the NE corner of Section 3, Township 3 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado; thence at an angle to the right of 17º34 59 from the East line of said Section 3, a distance of feet to the True Point of Beginning. Thence at a deflection angle to the right of 4º52 48 , a distance of feet to a point of curvature; thence along a curve to the right, having a radius of feet, and delta of 26º7 37 , a distance of feet to point of tangency; thence along the tangent of the before described curve, a distance of feet to the point of ending. iii. Leyden Creek: Water will be diverted from Leyden Creek into Highway 93 Lakes via pipeline and pump station to be located at a point along Leyden Creek that is approximately 1400 feet North 15º West from the SE corner of Section 27, Township 2 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado. iv. Coal 4 Creek: Water will be diverted from Coal Creek into Highway 93 Lakes via pipeline and pump station to be located at a point along Coal Creek that is approximately 2900 feet South 15º East from the NW corner of Section 18, Township 2 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado. v. Ralston Creek: Water will be diverted into Highway 93 Lakes via pipeline and pump station to be located next to Arvada Reservoir. The location of Arvada Reservoir is described above. E) Sources: Clear Creek, Leyden Creek, Coal Creek, and Ralston Creek which are tributaries of the South Platte River, and surface runoff from the tributary drainage areas of the lakes. F) Appropriation Date: December 14, G) Amount: 6,000 acre-feet cumulative from all sources with the right to fill and refill, CONDITIONAL, with the maximum annual diversion limited to 9,000 acre-feet and a maximum cumulative rate of diversion for filling the lakes of 75 cfs. H) Uses: Municipal (including domestic, irrigation, commercial, industrial, manufacturing and firefighting), aesthetic, recreational (including fishing, fishery, boating and swimming), fish and wildlife propagation, irrigation and augmentation purposes. No augmentation use will be made unless pursuant to a separately decreed augmentation plan allowing such use. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the subject diligence period, Applicant conducted the following work at a cost in excess of $334,980: A) Replaced Croke Canal
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