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DISTRICT COURT, WATER DIVISION NO. 2, COLORADO
Pursuant to C.R.S. 37-92-302, you are hereby notified that the following case is a portion of the resume of applications and amendments filed and/or ordered published during the month of August 2022, in Water Division No. 2. The Water Judge ordered this case be published in The Herald Democrat in Lake County, Colorado. This publication can be viewed in its entirety on the state court website at: www.courts.state.co.us.
The name(s) and address(es) of applicant(s), description of water rights or conditional water rights and description of ruling sought as reflected by said application, or amendment, are as follows.
CASE NO. 2022CW3059; Previous Case No. 06CW120 – THE CITY OF AURORA, acting by and through its Utility Enterprise, 15151 E. Alameda Parkway, Suite 3600, Aurora, Colorado 80012; THE CITY OF COLORADO SPRINGS, acting through its enterprise Colorado Springs Utilities, 1521 Hancock Expressway, Mail Code 1825, Colorado Springs, CO 80903; THE CITY OF FOUNTAIN, acting through its Electric, Water and Wastewater Utility Enterprise, 116 South Main Street, Fountain, Colorado 80817; THE PUEBLO BOARD OF WATER WORKS, 319 West Fourth Street, Pueblo, Colorado 81003; and THE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, acting by and through its water activity enterprise, 31717 United Avenue, Pueblo, Colorado 81001 (Please address all pleadings and inquiries regarding this matter to the Co-Applicants’ attorneys: Attorneys for the City of Aurora: John M. Dingess, Austin Hamre, Teri L. Petitt (Special Counsel) Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 500, Denver, Colorado 80237-1829, (303) 779-0200; Attorneys for the City of Colorado Springs acting through Colorado Springs Utilities: Michael J. Gustafson, Nathan Endersbee, City Attorney’s Office Utilities Division, PO Box 1575, Mail Code 510, 30 South Nevada Ave., Suite 501, Colorado Springs, CO 80901, (719) 385-5909; Attorneys for the City of Fountain: Cynthia F. Covell, Andrea L. Benson, Alperstein & Covell P.C., 1391 Speer Blvd., Suite 730, Denver, Colorado 80204, (303) 894-8191; Attorneys for the Board of Water Works of Pueblo, Colorado: Bill Paddock, Karl D. Ohlsen, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, Colorado 80203-4312, (303) 861-9000; Attorneys for Southeastern Colorado Water Conservancy District: Stephen H. Leonhardt, Peter D. Jaacks, Burns, Figa & Will, P.C., 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, Colorado 80111, (303) 796-2626; Peter D. Levish, Southeastern Colorado Water Conservancy District, 31717 United Avenue, Pueblo, Colorado 81001, (303) 956-0656)
Application for a Finding of Reasonable Diligence and to Continue Conditional Water Rights
CROWLEY, OTERO, PUEBLO, FREMONT, CHAFFEE, AND LAKE COUNTIES
2. NAMES AND LOCATIONS OF STRUCTURES (See Exhibit A attached to the application for a general location map illustrating the structures and the exchange reaches for the diligence and absolute claims sought herein). (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) 2.1. Excelsior Ditch (WDID: 1400539). The Excelsior Ditch headgate is located in the SE¼ of the SE¼ of Section 36, Township 20 South, Range 64 West, 6th P.M. in Pueblo County, Colorado. 2.2. Colorado Canal (WDID: 1700540). The Colorado Canal headgate is located on the north side of the Arkansas River approximately 15 miles downstream of Pueblo near Boone, Colorado. The originally decreed point of diversion is in the NE¼ of Section 10, Township 21 South, Range 62 West of the 6th P.M. at a point at a point bearing South 0°58' West 426 feet from the S.W. corner of Section 2, Township 21 South, Range 62 West of the 6th P.M. The river has shifted and relicted to the northeast to the extent that the center of the diversion gates is located slightly more that 300 feet northeasterly at a point in the NW¼ of the NW¼ of Section 11, Township 21 South, Range 62 West of the 6th P.M. at a point bearing South 63°14' East a distance 117.3 feet from the S.W. corner of said Section 2. The Arkansas River is in excess of 500 feet wide at the Colorado Canal diversion dam and either point, one on the bank, and one further out in the river, accurately describe the headgate of the Colorado Canal as originally decreed and constructed. 2.3. Lake Henry Reservoir (WDID: 1703524). Lake Henry Reservoir is located in all or portions of Sections 31 and 32, Township 20 South, Range 56 West, and Sections 5 and 6, Township 21 South, Range 56 West, all from the 6th P.M., in Crowley County, Colorado; the primary outlet works for Lake Henry Reservoir are located in the South ½ of said Section 6 and the Lake Henry Reservoir dam axis and the centerline of the outlet canal intersect at a point on the West line of the SE¼ of said Section 6, a distance of 512 feet south of the center of Section 6, Township 21 South, Range 56 West of the 6th P.M., in Crowley County, Colorado. Lake Henry is decreed to store 6,355 acre-feet at a rate of 756 c.f.s. under a priority of 1891; to store 2,000 acre-feet at a rate of 756 c.f.s. under a priority of September 10, 1900; and to store 3,561 acre-feet at a rate of 756 c.f.s. under a priority of May 15, 1909. 2.4. Lake Meredith Reservoir (WDID: 1703525). Lake Meredith Reservoir is located in all or portions of Sections 15, 16, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, and 33 in Township 21 South, Range 56 West, Sections 1 and 12 in Township 22 South, Range 57 West, Section 6 in Township 22 South, Range 56 West, and Sections 24, 25, and 36 in Township 21 South, Range 57 West, all from the 6th P.M., in Crowley County, Colorado. Lake Meredith Reservoir dam axis and the centerline of the outlet canal intersect at a point located in the NW¼ of the SW¼ of Section 12, Township 22 South, Range 57 West of the 6th P.M., at a point from which the West Quarter Corner of said Section 12 bears North 27° 14' West a distance of 564.30 feet. Lake Meredith is authorized to store 26,028.4 acre-feet at a rate of 756.28 c.f.s. under a priority of March 9, 1898. 2.5. Lake Meredith Outlet Canal (WDID: 1729073). Waters released from Lake Meredith Reservoir are carried through the Lake Meredith Reservoir Outlet Canal to a point in the S½ of Section 21, Township 22 South, Range 57 West of the 6th P.M., where they can be released to the Holbrook Canal and/or discharged into the Fort Lyon Storage Canal whence they are carried southeasterly approximately one-half mile in the Fort Lyon Storage Canal to a point at which they either continue in said Fort Lyon Storage Canal or are discharged through a headgate on its southerly bank in the SW¼ of Section 22, Township 22 South, Range 57 West of the 6th P.M., in Crowley County, Colorado, whence they travel south-southeast approximately one mile to discharge into the Arkansas River in the SE¼ of Section 27, Township 22 South, Range 57 West of the 6th P.M., in Otero County, Colorado. 2.6. Holbrook Canal (WDID: 1700554). The point of diversion for the Holbrook Canal is located on the north bank of the Arkansas River in the NE¼, Section 24, Township 22 South, Range 58 West of the 6th P.M., Crowley County, Colorado. 2.7. Dye Lake Reservoir (WDID: 1703510). Dye Lake Reservoir is filled through the Holbrook Canal. Dye Lake inundates portions of Sections 32 and 33, Township 22 South, Range 56 West, 6th P.M., Otero County, Colorado. Dye Lake is decreed for a total storage volume of 7,986 acre-feet as adjudicated in Bent County District Court on February 3, 1927. 2.8. Dye Reservoir Outlet Canal (WDID: 1729074). The Dye Reservoir Outlet Canal is located in SE¼, Section 5, Township 23 South, Range 56 West, 6th P.M., Otero County, Colorado. The diversion into the reservoir from the canal, which can also act as a release back to the storage canal, in NE¼, Section 5, Township 23 South, Range 56 West, 6th P.M., Otero County, Colorado. 2.9. Holbrook Reservoir No. 1 (WDID: 1703599). Holbrook Reservoir No. 1 inundates portions of Sections 6, 7, and 8, Township 23 South, Range 55 West, 6th P.M., Otero County, Colorado. Holbrook No. 1 is decreed for a total storage volume of 7,472 acre-feet as adjudicated in Bent County District Court on April 8, 1905 and February 3, 1927. 2.10. Holbrook Outlet Canal (WDID: 1700554). Holbrook No. 1 Outlet Canal originates in NE¼ of the SE¼, Section 7, Township 23 South, Range 55 West, 6th P.M., Otero County, Colorado, and delivers such water to the Arkansas River in NE¼ of the SE¼, Section 24, Township 23 South, Range 56 West, 6th P.M., Otero County, Colorado. 2.11. Rocky Ford Ditch Augmentation Station (WDID: 1700668). The Rocky Ford Ditch Augmentation Station is located on the south bank of the Arkansas River in the NW¼ NE¼, Section 29, Township 22 South, Range 57 West, 6th P.M., in Otero County, Colorado with GPS coordinates of N 38° 06.173’ W 103° 48.416’. 2.12. Arkansas Gravel Pit Reservoir (“AGPR”) (WDID: 1403620). The AGPR will receive water from the main stem of the Arkansas River via the Excelsior Ditch with the headgate located in the SE¼ of the SE¼ of Section 36, Township 20 South, Range 64 West, 6th P.M. in Pueblo County, Colorado. The AGPR will return water to the main stem of the Arkansas River via a return outlet to be located in the SE¼ of the SE¼ of Section 34, Township 20 South, Range 63 West of the 6th P.M. in Pueblo County, Colorado. Storage of water diverted will occur in any facility that can use the receiving and returning facilities including a facility located as follows: A portion of the S½ of Section 34; and a portion of the SW¼ of the SW¼ of Section 35, Township 20 South, Range 63 West; and portions of the N½ of Section 2 and Section 3, Township 21 South, Range 63 West of the 6th P.M., all in Pueblo County, Colorado. 2.13. Pueblo Reservoir (WDID: 1403526). Pueblo Reservoir is located in all or portions of Sections 7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 in Township 20 South, Range 66 West, and Sections 1, 2, 3, 4, 5, 9, 10 and 11, in Township 21 South, Range 66 West, and Sections 5, 8, 9, 13, 14, 15, 16, 22, 23, 24 and 25, in Township 20 South, Range 67 West, all of the 6th P.M. in Pueblo County, Colorado. The Pueblo Reservoir Dam axis and the center line of the Arkansas River intersect at a point in Section 36, Township 20 South, Range 66 West of the 6th P.M., from which the Northeast corner of said Section bears North 61º 21’ 20” East, a distance of 2,511.05’, all more particularly described in the decree in Case No. B-42135, District Court, Pueblo County, Colorado, as corrected in Case No. 02CW37. The current decreed and existing capacity is 357,678 acre-feet. 2.14. Any other point of diversion and/or storage located along the Exchange Stream Reach now existing or hereafter constructed and available for use by one or more of the Applicants. 3. DESCRIPTION OF CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE. 3.1. Background. The Original Application filed in Case No. 06CW120, Water Division 2, was filed as part of the implementation of the Intergovernmental Agreement among the City of Pueblo, the City of Aurora, the Southeastern Colorado Water Conservancy District, the City of Fountain, the City of Colorado Springs, and the Board of Water Works of Pueblo, Colorado, which was signed by the Applicants and the City of Pueblo on May 27, 2004 (“May 2004 IGA”) and the Intergovernmental Agreement among the City of Pueblo, the City of Colorado Springs, and the Board of Water Works of Pueblo, Colorado, entered into on March 1, 2004 (“March 2004 IGA”) (collectively “IGAs”). As part of both IGAs, the parties thereto agreed to the Arkansas River Flow Management Program. 3.1.1. While the IGAs control the relationships between the parties thereto, and nothing in the Original Decree (described in paragraph 3.2) altered, amended, or interpreted such relationships, the Arkansas River Flow Management Program can be generally described as applying to exchanges of water rights of the Applicants and certain changes of water rights of the Applicants, the exercise of which reduce flows in the Arkansas River between the Above Pueblo Gauge and the confluence of the Arkansas River and Fountain Creek. 3.1.2. The exchanges or changes of water rights of the Applicants that are subject to the Flow Management Program are known as the “Subject Exchanges.” The Subject Exchanges are defined in the IGA’s as (1) all exchanges of water rights of the Applicants’, regardless of when initiated or decreed, and (2) changes of water rights from points of diversion below the existing “Above Pueblo Gauge” which changes are decreed on or after November 3, 1986, except for the decree in Case No. 84CW179, entered on November 10, 1987, and made final on November 10, 1990, that reduce flows in the Arkansas River in the river segment between the Above Pueblo Gauge and the confluence of the Arkansas River and Fountain Creek. The Above Pueblo Gauge is currently located at Lat. 38°16'18", Long. 104°43'03", in NE¼NE¼ of Section 36, T.20 S., R.66 W., Pueblo County, Hydrologic Unit 11020002, on left bank of Arkansas River, approx. 0.25 mi. downstream from Pueblo Dam, and 7 miles West of Pueblo. 3.1.3. Under the IGAs, the Applicants agreed to limit the exercise of the Subject Exchanges in an effort to meet certain flows in the Arkansas River through the described stream reach, subject to the right to recapture the water not diverted. The water not diverted by the Subject Exchanges to comply with the Flow Management Program is defined in the IGAs as the “Foregone Diversions. 3.1.3.1. Foregone Diversions are water, the in-priority diversion or exchange of which is initially foregone by the Applicants under the Subject Exchanges in order to comply with the Flow Management Program. The term “Foregone Diversions” is defined in the May 2004 IGA and the November 7, 2006 “IGA Letter Agreement” entered into among the Applicants and the City of Pueblo, and the Original Decree did not alter that definition. 3.1.4. The IGAs contemplate that Applicants who temporarily forego diversions under the Subject Exchanges will recapture those Foregone Diversions at or below the confluence of the Arkansas River and Fountain Creek (“Recapture of Yield” or “ROY Storage”) and then move that water back upstream by exchange when stream flow conditions permit. 3.2. Original Decree. Case No. 06CW120, District Court Water Division 2, Colorado, entered on August 17, 2016; corrected decree entered on April 17, 2017 nunc pro tunc August 17, 2016 (“Original Decree”). 3.3. Subsequent Decrees. None. 3.4. Stream Reach Affected. The appropriative rights of exchange that are the subject of this Application operate on the Arkansas River and its tributaries. The downstream terminus of the exchanges is the confluence of Holbrook Outlet Canal and the Arkansas River located in the NE¼ of the SE¼, Section 24, Township 23 South, Range 56 West of the 6th P.M. The most upstream terminus of the exchanges is Pueblo Reservoir. The stream reach affected by the exercise of the appropriative rights of exchange is referred to herein as the “Exchange Stream Reach.” 3.5. Description of Exchanges. Applicants will operate appropriative rights of exchange from each of the following Exchange-From Points to the following Exchange-To Points located upstream from any Exchange-From Points, the locations of which are more specifically described above: 3.5.1. Exchange-From Points: 3.5.1.1. Holbrook Outlet Canal. 3.5.1.2. Rocky Ford Ditch augmentation station. 3.5.1.3. Dye Reservoir Outlet Canal. 3.5.1.4. Lake Meredith Outlet Canal. 3.5.1.5. Arkansas Gravel Pit Reservoir (“AGPR”). 3.5.1.6. Excelsior Ditch Storage Facility Return at Arkansas River. 3.5.2. Exchange-To Points. 3.5.2.1. Holbrook Canal. 3.5.2.2. Colorado Canal. 3.5.2.3. Excelsior Ditch. 3.5.2.4. Pueblo Reservoir. 3.5.3. In addition to the specifically described locations, the Applicants have the right to conduct exchanges from any other point of diversion and/or storage located within the Exchange Stream Reach now existing or hereafter constructed and available for use by one or more of the Applicants from which water can be diverted from or delivered to the Arkansas River and located (1) at or downstream of the confluence of the Arkansas River and Fountain Creek, (2) at or upstream of the confluence of the Arkansas River and the Holbrook Outlet Canal; and (3) then upstream to the Holbrook Canal, Colorado Canal, Excelsior Ditch, and Pueblo Reservoir. 3.5.4. Table of Exchanges.
Excelsior Ditch Storage Facility Return at Arkansas River
Holbrook Outlet at Arkansas River
Dye Reservoir Outlet at Arkansas River
Rocky Ford Ditch augmentation station
AGPR return at Arkansas River
Intermediate Exchange Locations, including points listed above
Rocky Ford Ditch augmentation station
*The maximum rate of exchange into a reservoir or facility may not exceed the lesser of (1) the rate of flow that would have been released from the receiving reservoir or facility had no exchange been made and had no storage right junior to the priority of this exchange been exercised to store water in the receiving reservoir or facility (including the rates of inflow to the reservoir in excess of the outlet capacity that would otherwise be stored inadvertently), or (2) the rate of release of substitute supply at the Exchange-From Points. 3.6. Sources of Substitute Supply for Exchanges. All Foregone Diversions by the Parties of water available from the following sources: 3.6.1. Aurora. The sources of water used by the City of Aurora in the exchanges are all of the sources of water identified in the decrees in Water Division 2, Cases Nos. 83CW18, 87CW63, 99CW169(A), 99CW170 (A&B), 84CW62, 84CW63, 84CW64, and 01CW145. 3.6.2. Springs Utilities. The sources of water used by Springs Utilities in the exchanges are all of the sources of reusable water identified in all of the decrees in Water Division 2, Case Nos. 84CW202, 84CW203, 86CW118 (both sewered and non-sewered phases for each decree), 89CW36, Colorado Springs’ interests in the water rights subject to the decrees in Case Nos. 84CW62, 84CW63 and 84CW64, and the Temporary Use Agreement Water Return Flows identified in the decree in Water Division 2, Case No. 05CW96. 3.6.3. Fountain. The sources of water used by the City of Fountain in the exchanges are all of the sources of water identified in the decrees in Case Nos. 01CW108 and 01CW146, both decreed in the District Court, Water Division No. 2. 3.6.4. Pueblo Water. The sources of water used by Pueblo Water in the exchanges are all of the sources of water identified in the decrees in Water Division 2, Case Nos. 84CW177 and 86CW111 (both sewered and non-sewered phases for each decree), District Court, Water Division No. 2. 3.6.5. Southeastern. The sources of water used by Southeastern are the sources of water identified in the decree in Civil Action No. 4613, entered on June 28, 1958, in the District Court in and for the County of Garfield, State of Colorado, in the proceeding captioned “In the Matter of the Supplemental Adjudication of the Priorities of the Appropriation of Water for All Beneficial Purposes in Water District No. 38 in the State of Colorado; Robert L. Bridges, Executor of the Estate of Tucker McClure, Deceased and M. Stanley Pings, Petitioners” (and its Supplemental Decree entered on August 3, 1959, along with subsequent diligence decrees in Water Division No. 5); the decree in Case No. W-829-76 (District Court, Water Division No. 5) dated November 27, 1979; the decree in Case No. 83CW352 (District Court, Water Division No. 5) dated May 31, 1985; the decree in Civil Action No. 5141 (District Court, Chaffee County) dated July 9, 1969; the decree in Civil Action No. B-42135 (District Court, Pueblo County) dated June 25, 1962; the decree in Water Division No. 2, Case No. 01CW151, dated July 29, 2014; and the decree entered on February 14, 2017, in Case No. 06CW08, Water Division 2. 3.7. Date of Appropriation. May 27, 2004. 3.8. Uses. The water diverted by exchange may be used for any purpose for which the substitute water supply is decreed. 3.9. Place of Use. The water diverted by exchange may be used in any place of use for which the substitute water supply is decreed. 3.10. Maximum Rates of Exchange. The maximum rate of exchange is the maximum rate of flow at which water would have been released from upstream receiving reservoir(s), in excess of the requirements of the Flow Management Program and intervening water rights entitled to divert water released from the reservoir(s), had no exchange been made and had no water storage right junior to the exchange been exercised to store water in the upstream receiving reservoir(s). The rate of upstream exchange may not exceed the combined outlet capacity of the existing and future downstream storage structures from which the Foregone Diversions will be released, a rate estimated to be 1,288 c.f.s. At times when there is a live stream between the structures listed in paragraph 3.5.4. above, Applicants will operate the decreed exchanges, when in priority, and subject to the terms and conditions contained in the Original Decree, up to the maximum amount as described herein. 4. INTEGRATED WATER SUPPLY SYSTEM. Each of the conditionally decreed exchange water rights described above each constitutes a feature of an integrated water supply system. As found in the Original Decree, each of the exchange appropriations that are the subject of this application are parts of the extensive integrated water supply systems of each Applicant. Each Applicant’s integrated systems gather, treat (where necessary) and distribute water throughout each Applicant’s service area, as the same may exist from time to time, and to its other customers. The operation of the exchanges decreed herein depends not only on the stream exchange potential available, but also on the yield of each Applicant’s other water rights and senior exchanges currently operated by that Applicant in the Exchange Stream Reach. Therefore, based on the foregoing, for the purposes of showing diligence and completion of the conditionally decreed exchange rights, diligence as to any part of an Applicant’s integrated water rights system is considered in finding reasonable diligence as to the completion of those rights of exchange herein decreed. C.R.S. § 37-92-301(4)(b). 5. DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATIONS AND APPLICATION OF WATER TO BENEFICIAL USE AS CONDITIONALLY DECREED. During the diligence period, the Applicants performed the following work and made the following expenditures toward completion of the appropriations and application of the water rights decreed in the Original Decree to beneficial use (expenditure numbers are rounded to the nearest $1,000). 5.1. Project Specific Efforts. During the diligence period, the Applicants have done at least the following project specific work toward completion of the appropriations and application of the conditional water rights decreed in Case No. 06CW120 to beneficial use. 5.1.1. The Applicants have made significant efforts to secure the AGPR or a comparable facility as noted in paragraph 3.5.3. above and paragraph 15.14 of the Original Decree. During December 2021 the ROY participants purchased the so-called Fossel property for potential use as a reservoir site within the exchange reach. The Applicants have expended at least $3,126,000 on these efforts. 5.1.2. Holbrook Reservoir Agreement. Applicant Aurora entered into an Amended Agreement with the other Applicants, dated February 2, 2017, whereby the other Applicants assumed agreed-upon portions of Aurora’s rights and obligations with respect to its Agreements for Use of Excess Capacity with Holbrook Mutual Irrigating Company (“Holbrook”), further described in paragraph 5.1.3. below. Applicants have paid their agreed-upon percentages of such costs and Aurora’s administrative fees during this diligence period and have had the opportunity to store their water rights and supplies in the Excess Capacity as provided in Aurora’s agreements with Holbrook. 5.1.3. Aurora Agreements for Use of the Holbrook System Facilities. On March 1, 2005, Aurora entered into two agreements pertaining to the use of the diversion, conveyance and storage facilities of the Holbrook Mutual Irrigating Company (“Holbrook”). Aurora and Holbrook extended this agreement on February 2, 2010. These agreements implement a program to recapture and store yield from foregone diversions of senior water rights. Aurora completed structural modifications to the Holbrook system facilities and filed a Substitute Water Supply Plan necessary to implement the program. An Amended Agreement was entered into on April 21, 2016. Further, Aurora initiated a study to examine enlargement of the Holbrook Reservoir to further facilitate operations. During this diligence period, Aurora made payments of approximately $416,000 to Holbrook under this agreement. 5.1.4. The exchanges decreed in the Original Decree are important components of Fountain’s integrated water supply system. Fountain has in place accounting, recordkeeping and reporting systems that will allow it to incorporate its operation of the exchanges decreed in the Original Decree. Fountain has paid its proportionate share of expenses associated with Aurora’s contract with Holbrook for Excess Capacity in Holbrook Reservoir, and has paid its proportionate share of the Fossel Reservoir purchase. 5.1.5. Payment for purchase and lease of Rocky Ford Ditch shares. During this diligence period, Aurora spent approximately $1,645,000 for repayment of bonds and payments to note sellers, including principal and interest, that were issued or refunded for the purchase of original Rocky Ford Ditch shares changed in Case No. 83CW18, Water Division 2. 5.1.6. Assessments Paid for Use of Lake Henry/Lake Meredith, Rocky Ford Ditch. The Applicants have paid the following in annual assessments during the diligence period: at least $1,976,000 for the Colorado Canal/Lake Henry/Lake Meredith (necessary for storage); and at least $1,449,000 for the Rocky Ford Ditch for the shares attributable to the Rocky Ford Ditch Water Right. 5.1.7. Pueblo Reservoir Storage. During this diligence period, the Applicants have paid the Bureau of Reclamation at least $3,928,000 for storage use of Pueblo Reservoir, as well as for consultants and legal fees for long-term storage contracts. 5.2. System-wide Efforts. During the diligence period, each of the Applicants has accomplished at least the following system-wide efforts that will be used to operate or benefit the conditional rights. 5.2.1. Aurora. 5.2.1.1. South Platte River Basin. 5.2.1.1.1. Spinney Mountain Reservoir. Aurora expended substantial sums for facility upgrades during the diligence period, including internal outlet works inspections, applications of protective coatings on outlet pipes, assessment, design and extension of the storm drainage systems below the dam, installation of filter trench drains, measurement devices, and installation of heater jackets over valve operators. 5.2.1.1.2. Metro Wastewater Reclamation District Charges. Aurora expended approximately $163,376,000 during this diligence period for fees for wastewater treatment of its water at the Metro Wastewater Reclamation facility. Such treatment is necessary for reuse of the water that is the subject of the exchanges herein within the South Platte River Basin and to comply with water reuse requirements. 5.2.1.1.3. Griswold Water Treatment Plant Renovations. This facility treats a portion of the raw water exchanged under the Original Decree before it is delivered to Aurora’s customers. Approximately $32,057,000 was spent by Aurora for improvements to this facility necessary to accommodate the water that is the subject of the exchanges herein. This includes expenditures directly by Aurora for renovation of the facility. 5.2.1.1.4. Wemlinger Water Treatment Plant Expansion. Aurora spent approximately $39,082,000 for expansion of the Wemlinger Water Treatment Plant. This facility treats a portion of the raw water exchanged under the Original Decree before it is delivered to Aurora’s customers. 5.2.1.1.5. Improvements to Extend and Improve Water Service in and to Aurora. Approximately $57,671,000 was spent by Aurora for extension and upgrade of its water transmission system necessary to deliver the water that is the subject of the exchanges herein to Aurora’s customers. 5.2.1.1.6. Automated Meter Reading System. Aurora spent approximately $7,743,000 for updates to its automated utility reading system. This is needed for efficient operation of Aurora’s water supply and delivery system, including use of the water that is the subject of the exchanges herein. 5.2.1.1.7. Improvements to Sanitary Sewer System. Approximately $7,031,000 was spent by Aurora for extension and upgrade of its sanitary sewer system necessary for wastewater treatment and reuse within the South Platte River Basin of the water that is the subject of the exchanges herein. 5.2.1.1.8. Prairie Waters Project. The Prairie Waters Project is a large comprehensive water supply, storage and treatment project in which return flows to the South Platte River from Aurora’s water sources, including the water that is the subject of the exchange herein, may be rediverted for subsequent reuse. To facilitate this project Aurora obtained various decrees in Case Nos. 06CW104, 03CW414, and 03CW415, Water Division 1. This project allows further reuse of much of the water decreed to Aurora. During the diligence period, Aurora obtained a decree in Case No. 15CW3064, finding reasonable diligence for the water rights originally decreed in Case No. 06CW104 (decreed December 1, 2017). On November 23, 2021 in Case No. 21CW3006 Aurora obtained a decree finding reasonable diligence for the Aurora-Everist No. 2 water rights originally decreed in Case No. 03CW414. On November 4, 2020, Aurora was granted a decree in Case No. 20CW3058 for findings of reasonable diligence for conditional storage rights for the Aquifer Recharge and Recovery Facility B (ARR-B) and the Tucson South Reservoir, originally decreed in Case No. 03CW414. On December 9, 2021, Aurora obtained a decree in Case No. 21CW3028, finding reasonable diligence on the conditional rights originally decreed in 03CW415. On April 28, 2022, Aurora obtained a decree in Case No. 21CW3077, finding reasonable diligence for the PWP InFill Wells originally decreed in Case No. 13CW3042. Aurora has expended at least $3,669,000 on several elements of the Prairie Waters Project during this diligence period. 5.2.1.1.9. Lawn Irrigation Return Flows (LIRFs) Credits. Aurora obtained a decree in Case No. 02CW341, Water Division 1, on September 25, 2008, quantifying LIRFs from its municipal system (and subsequent requantifications as required by the Decree in 02CW341), generated as a result of use of transmountain water rights, fully consumable in-basin water rights, decreed and permitted non-tributary sources and any other fully consumable water available to Aurora. Aurora also installed 17 new monitoring wells and expends manpower to monitor these wells every three months. Water that is transported under the exchanges herein and used in Aurora’s service area can be reused under the decree in Case No. 02CW341. On April 15, 2018, the Court granted an Aurora motion to approve revised deep percolation percentages, revised unit response factors, and revised accounting forms. During this diligence period, Aurora has expended significant sums for engineering and legal costs required to requantify the LIRFs adjudicated in Case No. 02CW341 available for reuse. 5.2.1.1.10. Rampart Reservoir and Delivery System. Approximately $15,224,000 was spent by Aurora during this diligence period for improvements to the Rampart Reservoir delivery system. This reservoir is used to store the water that is the subject of the exchanges herein before it is transported through parallel 54” and 40” pipelines to Aurora. Rampart Reservoir is important for regulation of the flow through these parallel pipelines. 5.2.1.1.11. Binney Water Purification Facility. This state-of-the-art water purification and recycling plant owned and operated by Aurora treats water for use throughout the City. Approximately $6,622,000 was spent by Aurora during the diligence period for improvements to this facility. 5.2.1.1.12. Aurora Know Your Flow Program. During the diligence period, Aurora Water Conservation developed its voluntary Know Your Flow Program designed to help customers understand how efficiently they are using water. Through the program, Aurora Water Conservation estimates what a customer’s water use could be for a given billing cycle if the customer were using water efficiently. The customer receives a monthly e-mail from Aurora Water Conservation showing the property’s actual water use versus the customized recommended indoor and outdoor water use. Customers also receive weekly watering recommendations and tips during the irrigation season. The Know Your Flow Program was designed by Aurora to encourage more efficient use of the water that is the subject of this application. 5.2.1.2. Arkansas River Basin. 5.2.1.2.1. Assessments Paid for Use of Twin Lakes Reservoir. During this diligence period, Aurora paid approximately $449,000 in annual assessments to the Twin Lakes Company, which payments were necessary for the operation of the exchanges involved herein. 5.2.1.2.2. Intergovernmental Agreement with Southeastern. On October 3, 2003, Aurora entered into an Intergovernmental Agreement with the Southeastern, replacing an agreement between the parties dated December 7, 2001. Under this new IGA, Aurora and Southeastern agree to support proposed federal legislation relating to the Fryingpan-Arkansas Project to include, among other things, re-operations of the existing water storage facilities, studies for enlargements to Pueblo and Turquoise Reservoirs, and confirming the authority of the Bureau of Reclamation to enter into contracts with Aurora for use of the facilities including long-term contracts. Aurora’s ability to use Fryingpan-Arkansas facilities is expanded under this IGA and Aurora is obligated to make certain payments to Southeastern in consideration for the expanded use. Under this IGA, Southeastern also agrees not to oppose Aurora’s attempts to contract with the Bureau of Reclamation for use of the Fryingpan-Arkansas Project facilities, to facilitate delivery of Aurora’s water, and to settle opposition to each other’s water court applications, including this case. During this diligence period, Aurora made payments of approximately $994,000 to Southeastern under this IGA. 5.2.1.2.3. Intergovernmental Agreement with LAVWCD. Pursuant to an Intergovernmental Agreement with the Lower Arkansas Valley Water Conservation District (“LAVWCD”), Aurora paid approximately $750,000 to LAVWCD for the identification and implementation of infrastructure improvements, research, and investigations designed to assist in the permitting or implementation of water leasing programs in the Lower Arkansas Valley, as well as remediation and restoration efforts in the Fountain Creek Corridor. 5.2.1.2.4. Revegetation. Aurora has expended approximately $1,464,000 during this diligence period for revegetation, including expenditures for expert revegetation classifications and reports, actual revegetation and weed control costs, as well as farm equipment purchases, office overhead and personnel costs, under Case No. 83CW18. Aurora also expended additional sums for revegetation and continued farming of historically irrigated lands pursuant to the decree in Case No. 99CW169(A). On June 3, 2014, Aurora entered into an Intergovernmental Agreement with Otero County to clarify between the parties certain terms contained in the 99CW169(A) decree regarding revegetation. 5.2.1.2.5. Otero IGA. Aurora and Otero County entered into an Intergovernmental Agreement on February 22, 1994, and amended that Agreement on October 29, 2001 under which Amendment Aurora agreed to make annual payments to Otero County concerning the Rocky Ford Ditch shares that are the source for the subject conditional water right. During this diligence period, Aurora made payments of approximately $270,000. 5.2.1.3. Protection Efforts: During this diligence period, Aurora spent approximately $470,000 for legal services for participation in Water Divisions 1 and 2 cases to protect the rights and interests of Aurora with regard to its water supply system, including the subject conditional water right. 5.2.2. Springs Utilities. 5.2.2.1. During this diligence period Springs Utilities has also spent substantial sums of money and devoted many thousands of man hours to the operation, maintenance, improvement, and development of its water resources and its municipal water supply, distribution, and wastewater treatment systems, including work related to collection system facilities, storage reservoirs, water transmission pipelines, water treatment plants, and distribution system mains, meters, and reservoirs. The water delivered through the Colorado Springs’ municipal water systems includes the water made available to Springs Utilities by the exchanges that are the subject of this Application. These expenditures on Springs Utilities’ municipal water supply system are necessary for further development of such exchanges. As part of this overall effort, Springs Utilities retained engineering consultants and attorneys to assist it in the acquisition, operation, maintenance, improvement, and protection of its water resources and its municipal water supply, distribution, and wastewater treatment systems. Springs Utilities has undertaken numerous projects and activities for the improvement and enlargement of its water supply and distribution systems in order to facilitate the completion of the conditional exchange rights including, but not limited to: 5.2.2.1.1. Southern Delivery System. Completion of Phase 1 of the Southern Delivery System Project which will be used to deliver substitute supply exchanged into Pueblo Reservoir under the exchanges to Springs Utilities’ municipal water supply system. Springs Utilities also constructed and established certain wetlands along Fountain Creek as required per the SDS Project environmental mitigation requirements. 5.2.2.1.2. Local Water System Improvements. Completion of improvements to the Northfield Reservoir dam and spillway; completion of upgrades to the 33rd Street Pump Station; completion of upgrades to the Manitou Intake diversion structure on Ruxton Creek; improvements to the French Creek Intake diversion structure; investigations into seepage from Rampart Reservoir dam; investigations regarding system water losses; installation of water quality improvements on its Northfield and Pikeview Systems; design and initial construction activities for refacing of the Crystal Creek Reservoir dam; improvements to the Nichols Reservoir dam and spillway; design for refacing of the South Catamount Reservoir dam; 5.2.2.1.3. Water Supply Planning: Development and completion of the Integrated Water Resources Plan which identified a portfolio of water supply projects, policies, and processes that will be necessary to provide a reliable and sustainable supply of water for its customers for the next 50 years. 5.2.2.1.4. Water Supply Acquisitions and Leasing. Springs Utilities also acquired Temporary Use waters through purchasing shares in the Lower Arkansas Water Management Association and the Fort Lyon Canal Company. Additionally, Springs Utilities entered into leases with the Colorado Water Protective and Development Association (now Arkansas Groundwater and Reservoir Association), Super Ditch and Pueblo Water. 5.2.2.2. Water Court Applications. Springs Utilities also filed applications for, prosecuted and completed several adjudications of water rights that comprise portions of its integrated municipal water supply system. These activities include, but are not limited to, filing of applications in Water Division 2 (Arkansas River Basin) and/or pursuit of adjudication of decrees in: Case No. 15CW3001 (Water Division No. 2) involving a change of water rights in the Chilcott Ditch Company (“Chilcott”) (decree entered on September 5, 2018); Case No. 15CW3002 (Water Division No. 2) involving a change of water rights in the Fountain Mutual Irrigation Company (“FMIC”) (decree entered on September 5, 2018);); Case No. 16CW3056 (Water Division No. 2) involving an augmentation plan, replacement plan, and appropriative right of exchange involving Springs Utilities’ FMIC and Chilcott water rights (decree entered on January 29, 2020); Case No. 16CW3072 (Water Division No. 2) involving claims for diligence related to Springs Utilities’ appropriative rights of exchange originally decreed in Consolidated Case Nos. 84CW202, 84CW203, 86CW118(B) and 89CW36 (decree entered on February 13, 2018); Case No. 18CW3042 (Water Division No. 2) regarding Springs Utilities’ claims of diligence for rights of exchange and substitution involving Lake Meredith, Pueblo Reservoir, Turquoise Reservoir, Twin Lakes Reservoir, and Clear Creek Reservoir originally decreed in Case Nos. 84CW62, 84CW63, and 84CW64 (decree entered on June 19, 2019); Case No. 18CW3053 (Water Division No. 2) regarding Springs Utilities’ conditional storage Rights for Upper Sugar Loaf Reservoir and Sugar Loaf Reservoir Enlargement and Amendment (decree entered on March 8, 2019); Case No. 19CW3026 (Water Division No. 2) involving claims for diligence related to Springs Utilities’ appropriative rights of exchange originally decreed in Case No. 86CW118(A) (decree entered on April 29, 2020); 19CW3052 (Water Division No. 2) involving an augmentation plan, replacement plan, and appropriative rights of exchange on Fountain Creek (decree entered on April 26, 2022); Case No. 19CW3053 (Water Division No. 2) involving an augmentation plan, and appropriative rights of exchange (pending); Case No. 20CW3033 (Water Division No. 2) involving claims for diligence related to Springs Utilities’ appropriative rights of substitution and exchange in the Fountain Creek watershed originally decreed in Case No. 84CW202 (decree entered on August 5, 2021); Case No. 21CW3009 (Water Division 2) involving claims for diligence related to Springs Utilities’ Denver Basin groundwater exchange program originally decreed in Case No. 04CW132 (decree entered on February 4, 2022); Case No. 21CW3015 (Water Division 2) involving a claim for appropriative rights of exchange associated with water available under Springs Utilities’ shares in the Lower Arkansas Water Management Association that may be subsequently exchanged into Pueblo Reservoir pursuant to the exchange decreed herein (pending); Case No. 21CW3055 (Water Division 2) involving claims for diligence related to Springs Utilities’ water rights decreed in Case No. 12CW31 for Upper Williams Creek Reservoir (pending); Case No. 22CW3002 (Water Division 2) involving claims for diligence related for Springs Utilities’ rights of substitution and exchange decreed in Case No. 07CW122 (pending); Case No. 22CW3006 (Water Division 2) involving claims for diligence related for Springs Utilities’ rights of substitution and exchange decreed in Case No. 84CW203 (pending); and Case No. 22CW3023 (Water Division 2) involving claims for diligence related for Springs Utilities’ rights of substitution and exchange decreed in Case No. 05CW96 (pending). 5.2.2.3. Expenditures. Springs Utilities’ total capital expenditures in connection with the activities described above on its integrated municipal water system during the Due Diligence Period have exceeded $371,570,000. In addition to that amount, over $464,893,000 was expended on the operations, which includes facilitation of exchanges. 5.2.3. Fountain. 5.2.3.1. During this diligence period, Fountain has continued to improve, operate and maintain its integrated water supply system, of which the exchanges decreed in the Original Decree are a part. To enable Fountain to more effectively provide water service to its existing and future customers, it has expended approximately $10,000,000 during this diligence period for capital infrastructure investment to construct, repair and improve its wells, water system infrastructure and related infrastructure and projects that are part of the efficiency, operation and maintenance of its integrated water supply system. Among other things, during this diligence period, Fountain has undertaken costly and extensive efforts to decontaminate wells that were found to contain perfluoralkyl and polyfluoroalkyl substances (PFAS) and has actively participated in legislative hearings regarding regulation of PFAS. These efforts have allowed Fountain to continue to provide reliable water service to its existing customers and to plan for anticipated future demand. 5.2.3.2. During 2021, Fountain staff, consultants and water counsel developed a comprehensive and detailed water supply plan update for the City of Fountain. The water supply plan was presented to the Fountain City Council in September 2021 and adopted by the Fountain City Council. Fountain expended over $5,000 in attorney fees in connection with this plan. 5.2.3.3. Fountain has defended its water rights, including the exchanges decreed in the Original Decree, against applications filed by others in cases in which Fountain determined that injury to its water rights could occur in the absence of appropriate protective terms and conditions. During this diligence period, Fountain has expended in excess of $392,000 for representation by water counsel in water court matters, including opposition to water court applications filed by others, in order to protect and defend its water rights, and in other matters related to the development and utilization of Fountain’s water rights and water system infrastructure. During this diligence period, Fountain has also expended approximately $473,900 in water resource engineering fees. 5.2.4. Pueblo Water. 5.2.4.1. During the diligence period, Pueblo Water spent substantial sums of money and devoted many thousands of hours to operation, maintenance, development, and protection of its unified and integrated municipal water supply and treatment system, including work done by engineering consultants and attorneys. During the diligence period, the total amount spent by Pueblo Water for all of these purposes exceeded $274,000,000.00. 5.2.4.2. During the Diligence Period, Pueblo Water filed applications for and completed a number of adjudications of water rights that are part of Pueblo Water’s unified and integrated water supply system. This includes, but is not limited to: (1) obtaining a finding of reasonable diligence in Case No. 17CW3020 (formerly Cases No. 93CW86, 04CW14 and 10CW79) (HARP), Water Division No. 2; (2) obtaining a decree in its application for a finding of reasonable diligence in the non-sewered portion of the exchange and reuse plans in Case No. 20CW3004 (13CW3043; formerly Consolidated Cases No. 84CW177(B) and 86CW111(B)), Water Division No. 2; (3) obtaining a decree in its application for a finding of reasonable diligence and to make water rights absolute, in part, in the decreed exchanges in Case No. 20CW3005 (13CW3044; formerly Consolidated Cases No. 84CW178) Water Division No. 2; (4) filing an application for and obtaining a finding of reasonable diligence in the sewered portion of the exchange and reuse plans in Case No. 19CW3005 (formerly Cases No. 12CW87 and 86CW111A), Water Division No. 2; (5) filing, and continuing to prosecute, an application for a finding of due diligence for the enlargement of Clear Creek Reservoir in Case No. 22CW3028 (formerly Case No. 04CW130, Water Division No. 2); (6) filing an application for and obtaining a finding of reasonable diligence for the Wurtz Extension Ditch in Case No. 20CW3037 (13CW3042; formerly Cases No. 06CW211, 99CW271, 93CW159, 86CW275, and 80CW505), Water Division No. 5; (7) filing an application for and obtaining a decree for a change of water rights for the Southern Colorado Power Company Cooling Basin water storage right and a new HARP Supplemental Water Right in Case No. 20CW3011, Water Division No. 2; and (8) filing applications for and obtaining decrees in Cases No. 16CW3103 and 17CW3050, for a change of water right and for exchange related to 5,488.368 shares of Bessemer Irrigating Ditch Company, which water rights Pueblo Water intends to include in Pueblo Water’s unified and integrated water supply system. Pueblo Water also has acted to preserve and protect all its water rights by filing statements of opposition to and participating in a number of other judicial proceedings in Water Division 2 and Water Division No. 5. 5.2.5. Southeastern. 5.2.5.1. The Fryingpan-Arkansas Project is the primary source of water for Southeastern’s exchanges described above. Fryingpan-Arkansas Project activities include operation, maintenance and improvement of the collection system and storage facilities, including Pueblo Reservoir. Operation is subject to the terms of Southeastern’s Water Division No. 5 and Division No. 2 Decrees, the Operating Principles, and the Congressional authorizing legislation. Current diversions and recordkeeping are integral to Southeastern’s future exercise of the exchanges herein. During the diligence period, Southeastern spent more than $19 million on the East Slope and West Slope Project operation and maintenance costs. 5.2.5.2. During the diligence period, Southeastern has also worked extensively towards the completion of the Arkansas Valley Conduit (AVC). The AVC is a Project feature that was originally contemplated in the Project’s authorizing legislation to provide water to municipalities and water providers in the Arkansas River Valley. It will facilitate the generation of return flows used as a source of supply for Southeastern’s exchanges described above. Southeastern spent in excess of $2,100,000 in expenses on the AVC during the diligence period. The Record of Decision for the AVC was completed in 2014, after the Final Environmental Impact Statement was completed in 2013. To facilitate the AVC, Southeastern entered into a Contract with the United States for the Use of Excess Capacity in the Facilities of the Project on December 23, 2016. Planning for the AVC has continued throughout the diligence period. 5.2.5.3. Southeastern has expended over $200,000 for engineering and more than $1,500,000 for legal fees and costs, primarily to protect Southeastern’s West and East Slope water decrees and for further Project development during the diligence period. Southeastern has appeared as a party in various water rights proceedings involving water rights along the Arkansas River and its tributaries in order to protect Southeastern’s various decreed rights in the Fryingpan-Arkansas Project. Moreover, Southeastern has taken part in various legislative, administrative and judicial proceedings to protect Southeastern’s rights in the Fryingpan-Arkansas Project, including its absolute and conditional East Slope water storage and exchange rights. 5.3. Other. The Applicants reserve the right to identify additional relevant efforts that may be later discovered or to make upward adjustments to amounts expended on certain projects. Each of the Applicants has an extensive water rights portfolio, extensive and complex water supply, collection, treatment and reuse systems, and a significant number of agreements, contracts, leases, etc. related to its facilities and the use, reuse and storage of its water rights and supplies. The Applicants are involved in many legal actions related to the collection, treatment, reuse, and protection of their water rights. Further, the management, protection, and operation of each Applicant’s water rights and facilities systems involves many staff members, and, in the case of some Applicants, numerous departments and staff members throughout the state. The Applicants have made diligent efforts with regard to this application to determine and quantify their efforts toward completion of the appropriations of the conditional exchanges decreed in the Original Decree and application of the water rights to beneficial use. However, it is reasonably possible that relevant efforts or expenditures may have been overlooked or need further upward adjustment. 6. NAMES AND ADDRESSES OF OWNERS OR REPUTED OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED. 6.1. Arkansas Gravel Pit Reservoir. Lafarge West, Inc., a Colorado Corporation, 1590 West 12th Avenue, Denver, CO 80204, and Martin Marietta Minerals, Inc., 2710 Wycliff Road, Raleigh, NC 27607. Co-applicant Aurora currently holds an option to purchase this property. 6.2. Holbrook Reservoir No. 1. Holbrook Mutual Irrigating Company, P.O. Box 511, La Junta, CO 81050-0511. According to the real property records of Otero County, Colorado, portions of the land inundated by Holbrook Reservoir No. 1 are owned by the State of Colorado, Phil Weiser, Esq., Colorado Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. 6.3. Dye Lake Reservoir. Holbrook Mutual Irrigating Company, P.O. Box 511, La Junta, CO 81050-0511. According to the real property records of Otero County, Colorado, portions of the land inundated by Dye Lake are owned by Quarter Circle LT, Inc., 2475 Lane 16, Ordway, CO 81063, and Raymond E. and Frances A. Carter, 17248 County Road HH.50, Rocky Ford, CO 81067. 6.4. Lake Meredith and Lake Henry Reservoirs. The Lake Meredith and Lake Henry Reservoir Companies, c/o Bruce Hughes, Superintendent, 331 Main Street, Box 8, Ordway, CO 81063. 6.5. Pueblo Reservoir. United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office,11056 West County Road 18-E, Loveland, CO 80537-9711. Applicant Southeastern holds the water rights and decrees for Pueblo Reservoir as part of the Congressionally authorized Fryingpan-Arkansas Project pursuant to Contract No.229F650016 with the United States.
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or application as amended, may file with the Water Clerk a verified statement of opposition setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions, such statement of opposition must be filed by the last day of October 2022, (forms available at Clerk’s office or at www.courts.state.co.us, must be served on parties and certificate of service must be completed; filing fee $192.00). The foregoing are resumes and the entire application, amendments, exhibits, maps and any other attachments filed in each case may be examined in the office of the Clerk for Water Division No. 2, at the address shown below.
Witness my hand and the seal of this Court this 9th day of September, 2022.
Published in the Herald Democrat Sept. 15, 2022.
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