HomeMy WebLinkAbout20111921.tiff CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4226
FAX: (970) 352-0242
1150 O STREET
P. O. BOX 758
' GREELEY, COLORADO 80632
C.
COLORADO
August 26, 2011
70 RANCH VENTURES LLC
9191 TOWNE CENTRE DRIVE UNIT 210
C/O ERIC VANDERHYE
SAN DIEGO, CA 92122
RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - STIPULATE
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY:ACCOUNT#: R0151791 PARCEL#: 104711100038-4015-B E2
11 4 61 EXC THAT PT SW4NE4 LYING E OF E LN OF PARCEL DEEDED TO SUBLETTE LAND&
CATTLE CO BK 1063 REC# 2003571 EXC OG&M ON N2NE4
Dear Petitioner:
On July 26, 2011,the Board of County Commissioners of Weld County, Colorado, convened,
and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered
the Stipulation on your petition of appeal of the County Assessor's valuation of your property
described above, for the year 2011.
The Stipulation was entered into between the Assessor and said petitioner(s),and accepted
by the Board of Equalization, agreeing that the assessment and valuation of the Weld County
Assessor be Stipulated as follows:
ACTUAL VALUE AS ACTUAL VALUE
DETERMINED BY AS STIPULATED
ASSESSOR
$59,674 $50,655
e AFT(leper) 8/0,9�C/odC// 2011-1921
AS0079
70 RANCH VENTURES LLC - R0151791
Page 2
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4226.
Very truly yours,
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
MCFEEDERS REALTY APPRAISAL AND MANAGEMENT
325 W PLATTE AVE
FORT MORGAN, CO 80701
2011-1921
AS0079
p'
2011
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
ASSESSOR'S ACCOUNT NUMBER R0151791
STIPULATION (As To Tax Year 2011 Actual Value)
RE PETITION OF :
NAME: 70 Ranch Ventures LLC
ADDRESS: 9191 Towne Centre Drive Unit 210
San Diego, CA 92122
* * * * * *
Petitioner(s), 70 Ranch Ventures LLC and the Weld County Assessor,hereby enter
into this Stipulation regarding the tax year 2011 valuation of the subject property, and
jointly move that the Board of Equalization to enter its order based on this Stipulation.
Petitioner(s) and the Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
E2 11-4-81
2. The subject property is classified as Ag Land
property.
3. The County Assessor originally assigned the following actual value to the subject
property for tax year 2011.
Land $ 59674
Improvements$ 0
Total $ 59.674
4. After further review and negotiation,the petitioner(s) and Weld County Assessor
agree to the following actual value for the subject property.
Land $ 50.655
Improvements$ Q
Total $ 50,655
2011-1921
it
'I 5. The valuations, as established al;ti‘.o
e, shall be binding only with respect to tax
year 2011.
6. Brief narrative as to why the reduct on was made: Changed Ag classifications .
7. Both parties agree that the hearing�cheduled before the Weld County Board of
Equalization on DATE at TIM am be vacated; or, a hearing has not yet
been scheduled before the Boa of Equalization x (check if
appropriate).
DATED this 21st day of July, 2011.
r
l
Petitioner(s) or Attorney Peti i r(s) r Atto
Address: ress:
Telephone: Te e phone:
County Ass sor i ''' 47r/
Address:
1400 N.17th Avenue
Greeley, CO 80631
(970) 353-3845 ext. 3606
I
•
NOTICE OF DETERMINATION
Christopher M. Woodruff Date of Notice: 6/22/2011
Weld County Assessor Telephone: (970) 353-3845 or (720) 652-4255
1400 N 17th Ave Fax: (970) 304-6433
Greeley, CO 80631 E-mail: appeals@co.weld.co.us
www.co.weld.co.us Office Hours: 8:00 AM - 5:00 PM
SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/
PHYSICAL LOCATION
R0151791 2011 2075 4015-6 E2 11 4 61 EXC THAT PT SW4NE4
LYING E OF E LN OF PARCEL DEEDED TO
¢ SUBLETTE LAND & CATTLE CO BK 1063
z 70 RANCH VENTURES LLC REC#2003571 EXC OG&M ON N2NE4
01O ERIC VANDERHYE
y 9191 TOWNE CENTRE DRIVE UNIT 210
ix SAN DIEGO,CA 92122
W
0.
O
0.
a
ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW
AG LAND 52,660 59,674
TOTAL $52,660 $59,674
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based
on the following:
AG05- Your ag land has been reclassified to correctly conform to the SCS soils map and Weld
county's identification. Your value changed to reflect this reclassification.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S.
The deadline for filing real property appeals is July 15.
The deadline for filing personal property appeals is July 20.
The Assessor establishes property values. The local taxing authorities (county, school district,
city, fire protection, and other special districts) set mill levies. The mill levy requested by each
taxing authority is based on a projected budget and the property tax revenue required to
adequately fund the services it provides to its taxpayers. The local taxing authorities hold
budget hearings in the fall. If you are concerned about mill levies, we recommend that you
attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a
listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
MCFEEDERS REALTY APPRAISAL & MANAGEMENT
325 W PLATTE AVENUE
FORT MORGAN CO 80701
_
S
APPEAL PROCEDURES
'
County Board of Equalization Hearings will be held from July 1 through AuguM15 / • •
at 915 10th Street, Greeley, CO
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization
shown below, and mail or deliver a copy of both sides of this form to:
Weld County Board of Equalization
915 10th Street, P.O. Box 758
Greeley, CO 80632
Telephone (970) 356-4000 Ext, 4225
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property and on or before July 20 for
personal property— after such date, your right to appeal is lost. You may be required to prove
that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with
proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equalization must mail a written decision to you within five business days following the date of
the decision. The County Board of Equalization must conclude hearings and render decisions
by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of
Equalization and you wish to continue your appeal, you must file an appeal with the Board of
Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue
your appeal, you must appeal within 30 days of the date of the County Board's written decision
to ONE of the following:
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315 9th Avenue and 9th Street
Denver, CO 80203 P.O. Box C
(303) 866-5880 Greeley, Colorado 80632
www.dola.colorado.gov/baa (970) 356-4000 Ext. 4520
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County
Board of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other
document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been
timely filed if filed on the next business day, § 39-1-120(3), C.R.S.
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your estimate of the property's value as of June 30, 2010? (Your opinion of value in terms of
a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.)
$ ye!, Ica
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll,
original installed cost, appraisal, etc.) J
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained
he
rein nd oJ1 any a achment reto are true and complete.
� 97o— b67 71(j "7// �7O7/
Si nature Telephone Number Date 15-DPT-AR
PR 207-08/11
R0151791 11685
' Attach letter of authorization signed by property owner.
s '
70 Ranch Ventures. LLC
9191 Towne Centre Drive, Suite 210
San Diego, CA 92122
Phone: (858)546-1777
my 17. 2011
V'eid County Hoard of(_qualizatioa
y 15 10`" Street
()reele\. (Yt 8U0+2
Re: 70 Ranch Ventures, LLC Tax Protest
Account #811027387, #84215086, and #12151791
I)ca* Sn>
I ease eursidcr thi. authortzaIion to hermit I)unald Junes of Mel ceders lccaIl'r'.
1 1 also 8 \9auwc .:rini I ( A\ Piarto -ycnuc. Fon N9orp:I i ( ior,:&fo k07iiI ,
PHA NCI ',t,: `ij6_ hi ;hi Ranch ` _utlecs. I I { s aee rri_ui,c
f 1Iehi .... I i.. -' {>.,'1 f I :1: 1n 1.'.C Hoard ill I i;.. :!u'.n
5
► A - ers
REALTY APPRAISAL SE MANAGEMENT
L.L.C.
Real Estate Sales %ppraisals * Property %lanagenient * Consulting
315 Hest Platte dream% Eon.1!or nn. CO 80701
O//ice.970-867-7816 * Fay:970-867-0801 Toll Free: 1-800-889-7816
E-Mail: Thwan,.feeders.con, Website: www.nteleeders.Cu,,,
70 Ranch Ventures, LLC
Weld County Tax Protest
By: Donald L. Jones
July 8, 2011
Schedule #R0151791
Exhibit A is an aerial photograph of the Rothe Farm owned by 70 Ranch Ventures, LLC. Parcel #R0151791
is the majority of the west half of the pivot, which is the E'/2 of Section 11, Township 4N, Range 61W of the
6111 P.M., Weld County, Colorado. This tax parcel is adversely impacted by the Sublette Land & Cattle
Company Augmentation Plan. A copy of the Decree is attached hereto and labeled as Exhibit B. On page c
of the Decree, Pond #4 is located in the SP/NW/4 of Section 11, very near a portion of the acreage containec
in this schedule. This pond then has a pond overflow that runs south into the SE'/ of Section 11 labeled or
page 22 of the Decree as "Canal Reach B". As a result, in some years, a portion of the sprinkler is flooded anc
therefore cannot be farmed as sprinkler irrigated cropland. When this happens, a portion of the sprinkle:
cannot be farmed, which is labeled "Missed Area of Pivot" in Exhibit A. This area is calculated as follows:
Full Circle Pivot Covers 481 Acres
Missed Area of Pivot represents 75% of full 360°circle sprinkler which is 20.8%.
Therefore, 481 acres X 20.8%= 100 acres.
Thus the 100 acres should be reclassified from sprinkler irrigated cropland to Meadow Hay, as outlined or
Exhibit C.
Current Valuation of Property Profile
100 acres @ $259.94/acre = $ 25,994.00
Reduction to 100 acres @ $182.23/acre = $(18,223.00)
Requested Reduction $ 7,771.00
Plus Reduction of:
60.58 acres of corn from $26.17/acre = $ 1,085.38
To
60.58 acres @ $5.57/acre = $ (337.43)
Requested Reduction $ 747.95
TOTAL REDUCTION REQUESTED $ 8,518.95
• . . .... -, •
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USDA United States Department of Agriculture February 03, 201
".-alli Farm Service Agency
2009 Orthophotography NOT TO SCALE 2=Cropland
PLSS. 11 & 12-4-61 Maps are for FSA Programs Only 3=Randeland
10=Other Ag LE
Morgan County N
Disclaimer: Wetland identifiers do not represent the size, shape or specific determination of the area.
Refer to your original dermination (CPA-026 and attached maps) for exact wetland
boundaries and determinations, or contact NRCS.
•
( 3 fig E EXHIBIT
5,9n
DISTRICT COURT, WATER DIVISION NO. 1 , COLORADO
Case No . 89CW027
FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT
CONCERNING THE APPLICATION FOR WATER RIGHTS OF SUBLETTE WATER
COMPANY, INC. , SUBLETTE LAND AND CATTLE COMPANY, RIVERSIDE
IRRIGATION DISTRICT, AND RIVERSIDE RESERVOIR AND LAND COMPANY,
IN WELD COUNTY.
This application was filed with the Water Clerk, Water
Division No . 1, on February 27, 1989 . The application was
subsequently amended on August 31, 1993 . The Water Referee, being
fully advised in the premises, does hereby find:
All notices required by law of the filing of this application
have been fulfilled . The water rights involved are not located
within the boundaries of a designated groundwater basin. The Water
Referee and the Water Court have jurisdiction over this application
and over all parties affected thereby, whether they have appeared
or not .
Timely statements of opposition to this application were filed
by Public Service Company of Colorado, Lower South Platte Water
Conservancy District , Fort Morgan Reservoir and Irrigation Company,
Jackson Lake Reservoir and Irrigation Company, Equus Farms, Inc . ,
Riverside Irrigation District, Riverside Reservoir and Land
Company, Central Colorado Water Conservancy District and the
Groundwater Management Subdistrict of the Central District , and
National Hog Farms, Inc . The time for filing additional statements
of opposition has expired, and no other parties have appeared in
this case .
By motion dated July 11, 1994 , the Riverside Irrigation
District and Riverside Reservoir and Land Company ( "Riverside" ) ,
withdrew their statement of opposition in this case and joined as
a Co-Applicant . By order dated August 17 , 1994 , the Water Judge
approved the realignment of Riverside and ordered that the caption
in the case should be as stated above .
Stipulations resolving statements of opposition were reached
with objectors on the following dates : Public Service Company,
January 11, 1995 ; Equus Farms, Inc . and National Hog Farms, Inc . ,
89CW27
May 31, 1995 ; Lower South Platte Water Conservancy District,
Central Colorado Water Conservancy District and the Groundwater
Management Subdistrict of the Central District, January 5 , 1996 .
All matters contained in the application have been reviewed
and testimony has been taken where necessary. Corrections to the
application, and appropriate terms and conditions have been
included as indicated by the evidence presented herein. Wherefore,
IT IS HEREBY THE RULING OF THE WATER REFEREE :
I . PROJECT DESCRIPTION AND GENERAL FINDINGS AND CONCLUSIONS
1 . Name and Address of Applicants :
A. Sublette Water Company, Inc . and
Sublette Land and Cattle Company
c/o Paul Meadows
7860 E. Berry Place, Suite 202
Englewood, CO 80111
(303) 694-3543
B . Riverside Irrigation District and
Riverside Reservoir and Land Company
c/o Bart Woodward
P.O . Box 455
Fort Morgan, CO 80701
(303) 867-6586
2 . General Description of Project .
The water rights claimed in this case are part of a plan to
divert, store, and recharge water through the Riverside Canal and
Reservoir system and a series of recharge ponds . The property
where the project will be operated includes approximately 3 , 100
acres of land located in the eastern edge of Weld County in
Township 4 North, Range 61 West, 6th PM. This property is shown on
the map attached as Exhibit A, and will hereafter be referred to as
the "Project Property" . This plan was initiated in 1985 . At that
time , all of the land involved was owned by the Sublette Land and
Cattle Company. Subsequent to that time, portions of the land have
been sold to other parties and Sublette Water Company was formed to
participate in the plan as well . Sublette Land and Cattle Company
and Sublette Water Company will be jointly referred to as
"Sublette" . The project was initially operated under informal
agreements with Riverside Irrigation District and Riverside
Reservoir and Land Company (hereafter jointly referred to as
"Riverside" ) . Riverside facilities were used to deliver water to
..,.. "" 2
i 89CW27
Sublette property for recharge . At the present time, the Project
Property is owned by three groups : Sublette , Walter T. Jones and
John E . Jones (hereafter "Jones" ) , and Elmer H. Rothe , Harry H.
Rothe , and Emanuel W. Rothe (hereafter "Rothes" ) . During 1994 ,
Sublette has entered into written agreements with Riverside , Jones ,
and Rothes, for the joint operation of this plan. These operating
agreements provide a concrete basis for the future diversion of
water, operation of the facilities involved, and a sharing of the
recharge credits resulting from the augmentation plan by Sublette,
Riverside, Jones, and Rothes
3 . General Purposes of Project .
The primary purposes of this plan are to provide sufficient
augmentation water to replace depletions attributable to existing
irrigation wells on the Project Property, provide augmentation
water for future wells which are planned for the Sublette property,
and to provide augmentation water to Riverside pursuant to the
operating agreements . There are two existing irrigation wells
located on the property. The Rothes 1 Permit No . 9395-F,
which irrigates land now owne them in the East 1 Sec ' on
1 and the es o Se tion 12 Township 4 North, Range 61 West .
Jones own Well Permit No . 9393 -F, which irrigates land now owned by
them in Sections 13 and 14 , Township 4 North, Range 61 West .
Sublette owns land proposed to be irrigated by wells to be
constructed in the future which is located in Sections 11 , 14 , and
15 , Township 4 North, Range 61 West . These lands and well
locations are shown on the map attached as Exhibit B .
Additional purposes of this plan are to provide water for
other uses associated with the Project Property including hunting,
fishing, and other recreation, livestock raising, and other uses
(including domestic) incidental to the farm and ranch operations on
this property. These uses of the water are made while it is in the
recharge ponds or the Sublette Refuge Pond.
4 . General Description of the Water Rights .
In order to implement this plan, Applicants have claimed a
direct flow water right from the South Platte River to be diverted
through the Riverside Canal, a water storage right for the
Riverside Reservoir, water storage rights for various recharge
ponds located on the Project Property, and a plan for augmentation
which seeks to quantify the replacement obligations and recharge
credits resulting from operation of the plan. These rights are
described with more specificity below, but all are part of an
integrated plan to provide water for the beneficial uses described
herein.
:o w m.na 3
89CW27
L
5 . Past Operation under Temporary Substitute Supply Plans .
Even though the application in this case was not filed until
1989 , operation of this plan began in 1985 . This plan has operated
under temporary substitute supply plans approved by the Office of
the State Engineer for each year beginning in 1985 and running
through 1994 , with the exception of 1991 and 1992 . Although the
plan has not yet been operated to the full extent claimed under the
conditional water rights , this history demonstrates that the plan
can and will be operated in the future, and that the conditional
water rights claimed will be completed with reasonable diligence
and within a reasonable time . This past operation, together with
studies done by Applicants' engineer, also prove that there is
unappropriated water available for use in this project .
6 . Date of Appropriation and Priority Date .
On March 11 , 1985 , Applicants initiated the water rights and
conditional water rights claimed in the application by beginning
construction of project facilities . Beginning in April , 1985 ,
water was diverted through these facilities at flow rates of up to
100 cfs and was put to beneficial use pursuant to the temporary
substitute supply plans . The date of appropriation for all of the
water rights and conditional water rights described below is March
11 , 1985 . Applicants have proceeded with reasonable diligence
since that time to develop the conditional water rights included in
this plan. Applicants have met all of the requirements set forth
in C .R. S . Section 37-92-306 and 306 . 1, as amended, and the priority
date of these rights shall be determined as if they were filed
during the calendar year 1988 .
7 . Operation of Project will not cause Injury.
The water rights, conditional water rights, and plan for
augmentation proposed by Applicants are contemplated and authorized
by law. Applicants have met all of the required burdens of proof
to demonstrate that they have initiated, diligently pursued, and
plan to complete the water rights and conditional water rights
described herein. Also, Applicants have demonstrated that, if
administered in accordance with this ruling and decree , Applicants
can divert surface water into the storage and recharge structures
described herein, pump and use water from wells and ponds on the
Project Property, and through the operation of the augmentation
plan, this project will not injuriously affect other vested water
rights or decreed conditional water rights in the South Platte
River or its tributaries . C.R. S . Section 37-92-305 .
.... nQ 4
o L W L /
II . APPROVAL OF SURFACE WATER RIGHTS
8 . Approval of Surface Water Rights .
Applicants have demonstrated that they are entitled to a
decree for the surface water rights described below.
B .A. Name of structure : Riverside Canal .
S . B . Legal Description of point of diversion :
The Riverside Canal point of diversion is located on the north
bank of the South Platte River near Kuner, Colorado, in the SW '/ SW
'/ of Section 20 , T 5 N, R 63 W, 6th P .M. , Weld County, Colorado .
B . C. Source of water : South Platte River.
B .D . Date of appropriation : March 11, 1985 .
B .E . Amount of water : 100 cfs, ABSOLUTE,
50 cfs , CONDITIONAL.
B . F . Use of water :
8 . F . i . Water diverted under these water rights has
been and will be used on the Project Property for livestock,
piscatorial, wildlife habitat, recreation, and for augmentation,
exchange, and substitution on and for 850 acres of land
historically irrigated on the Project Property. These uses are
absolute . The 850 acres historically irrigated are located in the
East M of Section 11 , the West M of Section 12 , the NW '/ of Section
13 , and- the NE '4, the East % of the NW 'A, the N M of the SE W, and
the NE ''4 of SW '/ of Section 14 , all in Township 4 North, Range 61
West , 6th P .M.
8 . F. ii . Water diverted under these rights is proposed
to be used for irrigation and domestic use, and for augmentation,
exchange, and substitution on and for 600 additional acres of
irrigation on the Project Property. These ue- have not yet been
made and are conditional . The 600 acres proposed to be irrigated
is located in the East ,4 of the NW M, the West 34 of the NE M, the
West ',4 of the SE '/,, and the SW '4 of Section 11, the NW M and the N
4 of the SW '4 of Section 14 , and all of Section 15 , except the SE
'A of the SE ''A of said Section 15 , all in T 4 N, R 61 W, 6th P .M.
All irrigated areas are shown on the map attached and incorporated
as Exhibit B .
89CW27
8 .F. iii . Water recharged pursuant to this decree will
also be used by Applicants as described below. All uses proposed
by Riverside, and those uses proposed by Sublette not described in
paragraph 8 . F . i above, have not yet been made and are conditional . ; \
8 . F. iii . (1) After the first 1, 500 et o
recharge c its enerated by the e ri h
w is elan s blette, wa er nt to this decree
wi e divided between Co-Applicants, with 40% elonging to
e an o o t e Riverside Reservoir and Land
bman . The b a s e recharge credits decree e ein
which is owned by the Riverside Reservoir and Land Company is
hereinafter referred to as the "Riverside Company Share . " By
virtue of its ownership of 77% of the shares of the capital stock
of the Riverside Reservoir and Land Company, the Riverside
Irrigation District owns 77% of the Riverside Company Share . This
77% ownershi interest in the Riversid om any Share is
herein o as e "Riverside District . " The
remaining 23% of-_-the ._-i rs1de .._aampany - s---owned by
shareholders _i_n the_Riversi Reservoir and Lan�Z?5mparzy-_,otnnr---any
the._Rverside Irrigation District . This-- 23% ownership _interest _in
_the Riverside Company Shark_ig_hareinafter re efrrd to as the "Non-
Distri-et-Share . "
8 . F . iii . (2) The 40% of the recharg_ credits
belonging to Sublette will be used to replace out-of-priority
depletion attributable to the wells described in paragraph 10 .A. of
this decree and or out-o,__priority ep etion a ri u a e to ott ear'
sources pursuant to additional plans for augmentation approved by
the Water Court or substitute su 1y pTans approved by the State
2.33
Engineer.
8 .F. iii . (3 ) The Non-District v Share of the
recharge credits decreed herein will be used on a pro rata basis to
replace out-of-priority depletion attributable to diversions and
well pumping by owners of non-district shares in the Riverside
Reservoir and Land Company. The Non-District Share of the recharge
credits will only be used b s are o e the Riverside Ov �
Reservoir and Lan Company. �j•✓
8 . F. iii . (4) The Riverside District Share of the
recharge credits decreed herein will be used in the foflowing S .4'
order: `?() t-
U '`y
8 .F. iii . (4) a . By exc an e other water
rights for use within the Riverside Irriga ion District; provided sue"
that any such exchange will be on a consumptive use basis . j
OLAR
%,� ,..��.� 6 G...o. n,,,
89CW27
8 . F . iii . (4) b . Any recharge credits remaining
after the use described in the preceding sentence may be used by
owners of assessed acres within the Riverside Irrigation District
to replace out-of-priority depletion attributable to diversions and
*--- diversions by wells used within the Riverside Irrigation District
and/or (at Riverside Irrigation District ' s sole option) wells
described in paragraph 10 .A. of this decree, provided that any such
owner shall use such credits to replace out-of-priority depletion
from any existing well that he owns on the list of wells appearing
on Exhibit C attached hereto; and further provided that nothing
herein shall require the Riverside Irrigation District to provide
such replacement for the benefit of any well owner in an amount
greater than that owner' s pro-rata interest in the recharge credits
based upon the well owner' s ownership of assessed acres in the
Riverside Irrigation District .
8 . F . iii . (4) c . Any recharge credits remaining
after the use described in subparagraphs 8 . F. iii . (4) a . and
8 . F . iii . (4) b. in the preceding sentence may be used, pursuant to
agreement with the Riverside Irrigation District , to replace out-
of-priority depletion attributable to diversions from wells
constructed prior to July 1, 1972 .
8 . F. iv. Any use of recharge credits attributable to the
Sublette Share or the Riverside Company Share as described in
subparagraph 8 . F . iii . above shall be made only in accordance with
a plan (s) for augmentation approved by the Water court nr a
substitute su p v plan (s) approred_ bv the State Engineer . Any use
of the recharge credits under paragraph 8 . F. iii . (4) c . shall not
occur for the same use for a period of more than five (5) years ,
either consecutively or nonconsecutively without filing an
application in the Water Court in and for Water Division No. 1 to
approve the use of the credits for the particular use, unless such
credits are used in the substitute supply plan operated by Ground
Water Appropriators of the South Platte River Basin, Inc . ( "GASP" ) ,
by the Groundwater Management Subdistrict of the Central Colorado
Water Conservancy District ( "Central" ) or by the Lower South Platte
Water Conservancy District ( "Lower" ) to replace out-of-priority
depletion attributable to wells in existence as of July 1, 1972 .
No augmentation plan for Riverside Irrigation District or Riverside
Reservoir and Land Company is decreed in this case . Nothing in
this decree shall constitute either approval or disapproval by the
Court or any party, including the State and Division Engineers , of
any plans for augmentation or substitute supply plans that may be
filed in the future by Riverside, Sublette, GASP, or Central, or
Lower.
--- .,^. 7 a.. „n,,,
89CW27
8 . F .v. Although not adjudicated herein, Riverside
reserves the right to claim the credits for recharge occurring from
the Riverside Canal attributable to diversions made pursuant to the
water rights decreed in this case .
III . APPROVAL OF WATER STORAGE RIGHTS
9 . Approval of Water Storage Rights
9 .A. Names of Reservoirs :
9 .A. i . Riverside Reservoir.
9 .A. ii . Sublette Recharge Ponds Nos . 1-21 .
9 . B . Legal Description of Structures :
9 .B . i . The dam of the Riverside Reservoir is located
in Sections 5 , 7 and 8 , T 4 N, R 61 W, 6th P .M. and Sections 12 , 13
and 14 , T 4 N, R 62 W, 6th P.M. Water diverted by the Riverside
Canal described in Section II above may be transported to the
Riverside Reservoir for storage, and then released to the specific
recharge facilities described herein, or taken directly to the
recharge facilities without storage in Riverside Reservoir .
9 .B . ii . The Sublette Recharge Ponds are located as
follows :
Pond # Daml Location2
1 no SE M SW M of Section 2 ,
approximately 700 feet North of
South Section line and 1800 feet
East of the West Section line .
2 yes SE b SW M of Section 2 ,
approximately 400 feet North of
South Section line and 1700 feet
East of West Section line .
1Not all of the Sublette Recharge Ponds have dams . Those
which do not are natural depressions and the location given is the
approximate center or deepest point within the pond. For those
with dams, the location given is the outlet or center point of the
dam.
2All locations are in T 4 N, R 61 W, 6th P .M. , Weld County.
8
89CW27
`
Pond # Dam' Location
3 no NE 1% NW '4 of Section 11 ,
approximately 1300 feet South of
North Section line and 1600 feet
East of West Section line .
4 yes SE / NW 1% of Section 11,
approximately 1800 feet South of
North Section line and 1600 feet
East of West Section line .
5 yes NW 1% NW 1% of Section 11 ,
approximately 1050 feet South of
North Section line and 350 feet East
of West Section line .
6 no SW / NW /, of Section 11, E
approximately 1700 feet South of
North Section line and 300 feet East
of West Section line .
7 no SE '4 NE 1% of Section 10 ,
approximately 2400 feet South of
North Section line and 300 feet West
of the East Section line .
8 no SE / NE '4 of Section 10 ,
approximately 2200 feet South of
North Section line and 800 feet West
of East Section line .
9 no SW 1% NE ''4 of Section 10 ,
approximately 2500 feet South of
North Section line , and 1400 feet
West of East Section line .
10 no SW '4 NE ''4 of Section 10 ,
approximately 2100 feet South of
North Section line and 2100 feet
West of East Section line .
11 no SE ''4 SE ''4 of Section 10 ,
approximately 1100 feet North of
South Section line and 800 feet West
of East Section line .
9
89CW27
Pond # Daml Location2
12 yes NE /, NW '4 of Section 14 ,
approximately 1250 feet South of
North Section line and 1400 feet
East of West Section line .
13 no NE 1% NE '/ of Section 15 ,
approximately 900 feet South of
North Section line and 400 feet West
of East Section line .
14 no SW '4 NW 1% of Section 14 ,
approximately 2600 feet South of
North Section line and 10 feet East
of West Section line .
15 yes SE 1% NE 1% of Section 15 ,
approximately 2500 feet South of
North Section line and 350 feet West
of East Section line .
16 no NE 1% NE ''4 of Section 15 ,
approximately 1200 feet South of
North Section line and 1200 feet
West of East Section line .
17 no SE 1 NE '4 of Section 15 ,
approximately 2400 feet South of
North Section line and 1200 feet
West of East Section line .
18 no SW '/ NE '4 of Section 15 ,
approximately 2400 feet South of
North Section line and 2000 feet
West of East Section line .
19 no SW '4 NE 1% of Section 15 ,
approximately 1900 feet South of
North Section line and 2100 feet
West of East Section line .
20 no SE '' NW '4 of Section 15 ,
approximately 2400 feet South of
North Section line and 1800 feet
East of West Section line .
10
89CW27
Pond # Daml Location2
21 no NE /, SW / of Section 15 ,
approximately 1500 feet North of
South Section line and 2100 feet
East of West Section line .
A map showing the approximate locations of the Sublette Recharge
Ponds is attached and incorporated as Exhibit D.
9 .B . iii . Water is taken from the Riverside Canal onto
the Project Property through the Sublette Canal Inlet, which is
located approximately 265 feet west of the east section line and
1670 feet north of the south section line in Section 9 , T 4 N, R 61
W, 6th P .M. , Weld County.
9 . C . Source of water : South Platte River.
9 . D . Date of appropriation: March 11 , 1985 .
9 . E . Amount of water :
9 . E . i . Riverside Reservoir : 6 , 000 acre feet .
9 .E . ii . Sublette Recharge Ponds :
Total Amount Amount
Pond # Volume Absolute Conditional
1 6 4 2
2 58 58 0
3 21 21 0
( 4) 14 14 0
5 30 30 0
6 24 24 0
7 2 0 2
8 18 0 18
9 10 0 10
...,.., ,,,. 11
•
89CW27
Total Amount Amount
Pond # Volume Absolute Conditional
10 4 0 4
11 10 10 0
12 9 9 0
13 19 19 0
14 51 26 25
15 96 96 0
16 170 100 70
17 16 16 0
18 8 8 0
19 4 4 0
20 185 185 0
21 60 40 20
TOTALS 815 664 151
9 . E . iii . A total of 664 acre feet of surface storage
capacity is approved, ABSOLUTE. This amount has in fact been
filled and put to beneficial use . A total of 151 acre feet of
surface storage capacity is approved, CONDIT AL. Additionally,
Applicants shall have the right to fill and refs the surface
sdor-age--structures described herein WTien EF t3ixeLL flow water
right described in Section II above is in priority _—
9 . F . Use of water :
9 . F. i . Water diverted under these water rights has
been and will be used on the Project Property for livestock,
piscatorial , wildlife habitat, recreation, and for augmentation,
exchange, and substitution on and for 850 acres of land
historically irrigated on the Project Property. These uses are
absolute . The 850 acres historically irrigated are located in the
East IA of Section 11, the West % of Section 12 , the NW W of Section
13 , and the NE '''A, the East ;4 of the NW '''A, the N 34 of the SE '''%, and
12 —..�. .,ra„
•
89CW27
the NE 1a of SW M of Section 14 , all in Township 4 North, Range 61
West , 6th P .M.
9 . F . ii Water diverted under these rights is proposed
to be used for irrigation and domestic use , and for augmentation,
exchange, and substitution on and for 600 additional acres of
irrigation on the Project Property. These uses have not yet been
made and are conditional . The 600 acres_ proposed to__be_ irrig.ated
is located in the East ;4 of the NW—M, the West 4 of the NE 1/, the
West ;4 of the SE M, and the_._SW_! of Section 11, the NW M and the N
:4 of the SW ''4 of Section 14 , and all of Section 15 , except the SE
of the SE '4 of said Section 15 , all in T 4 N, R 61 W, 6th P . M.
All irrigated areas are shown on the map attached and incorporated
as Exhibit B .
9 . F . iii . Water recharged pursuant to this decree will
also be used by Applicants as described below. All uses proposed
by Riverside, and those uses proposed by Sublette not described in
paragraph 8 . F . i above, have not yet been made and are conditional .
9 . F. iii (1) After the first 1 , 500 acre feet of
recharge credits generated by the exercise of this water right ,
which belongs to Sublette, water recharged pursuant to this decree
will be divided between Co-Applicants, with 40% belonging to
Sublette and 60% belonging to the Riverside Reservoir and Land
Company. The 60% share of the recharge credits decreed herein
which is owned by the Riverside Reservoir and Land Company is
hereinafter referred to as the "Riverside Company Share . " By
virtue of its ownership of 77% of the shares of the capital stock
of the Riverside Reservoir and Land Company, the Riverside
Irrigation District owns 77% of the Riverside Company Share . This
77% ownership interest in the Riverside Company Share is
hereinafter referred to as the "Riverside District Share . " The
remaining 23% of the Riverside Company Share is owned by
shareholders in the Riverside Reservoir and Land Company other than
the Riverside Irrigation District . This 23% ownership interest in
the Riverside Company Share is hereinafter referred to as the "Non-
District Share . "
9 . F . iii . (2) The 40% of the recharge credits
belonging to Sublette will be used to replace out-of-priority
depletion attributable to the wells described in paragraph 10 .A. of
this decree and/or out-of-priority depletion attributable to other
sources pursuant to additional plans for augmentation approved by
the Water Court or substitute supply plan approved by the State
Engineer.
. 13 „-e„
•
89Cw27
9 . F . iii . (3) The Non-District Share of the
recharge credits decreed herein will be used on a pro rata basis to
replace out-of-priority depletion attributable to diversions and
well pumping by owners of non-district shares in the Riverside
Reservoir and Land Company. The_Non-District Share._ot_ the recharge
credits will only bee--used by shareholders of the Riverside
Reservoir and- Land Company.
9 . F . iii . (4) The Riverside District Share of the
recharge credits decreed herein will be used in the following
order :
9 . F . iii . (4) a . By exchange with other water
rights for use within the Riverside Irrigation District ; provided
that any such exchange will be on a consumptive use basis .
9 . F . iii . (4 ) b . Any recharge credits remaining
after the uses described in the preceding sentence may be used by
owners of assessed acres within the Riverside Irrigation District
to replace out-of-priority depletion attributable to diversions and
diversions by wells used within the Riverside Irrigation District
and/or (at Riverside Irrigation District ' s sole option) wells
described in paragraph 10 .A. of this decree, provided that any such
owner shall use such credits to replace out-of-priority depletion
from any existing well that he owns on the list of wells appearing
on Exhibit C attached hereto; and further provided that nothing
herein shall require the Riverside Irrigation District to provide
such replacement for the benefit of any well owner in an amount
greater than that owner' s pro-rata interest in the recharge credit
based upon the well owner' s ownership of assessed acres in the
Riverside Irrigation District .
9 . F. iii . (4) c . Any recharge credits remaining
after the use described in subparagraph 9 . F. iii . (4 ) a . and
9 . F . iii . (4) b . may be used, pursuant to agreement with the Riverside
Irrigation District , to replace out-of-priority depletion
attributable to diversions from wells constructed prior to July 1 ,
1972 .
9 . F. iv. Any use of recharge credits attributable to the
Sublette Share or the Riverside Company Share as described in
subparagraph 9 . F. iii . above shall be made only in accordance with
a plan (s) for augmentation approved by the Water Court or a
substitute supply plan (s) approved by the State Engineer. Any use
of the recharge credits under paragraph 9 . F. iii . (4) c . shall not
occur for the same use for a period of more than five (5) years,
either consecutively or nonconsecutively without filing an
application in the Water Court in and for Water Division No . 1 to
14 .u.
89CW27
approve the use of the credits for the particular use , unless such
credits are used in the substitute supply plan operated by Ground
Water Appropriators of the South Platte River Basin, Inc . ( "GASP" ) ,
by the Groundwater Management Subdistrict of the Central Colorado
Water Conservancy District ( "Central" ) , or by the Lower South
Platte Water Conservancy District ( "Lower" ) to replace out-of-
priority depletion attributable to wells in existence as of July 1 ,
1972 . No augmentation plan for Riverside Irrigation District or
Riverside Reservoir and Land Company is decreed in this case .
Nothing in this decree shall constitute either approval or
disapproval by the Court or any party, including the State and
Division Engineers, of any plans for augmentation or substitute
supply plans that may be filed in the future by Riverside ,
Sublette , GASP, Central or Lower .
9 . F .v. Although not adjudicated herein, Riverside
reserves the right to claim the credits for recharge occurring from
the Riverside Canal attributable to diversions made pursuant to the
water rights decreed in this case .
9 . G. Dam and Reservoir information:
9 .G. i . Riverside Reservoir has a surface area at high
water line of 3 , 790 acres . Its dam is 41 . 55 feet high and 18 , 800
feet long;
9 .G. ii . Sublette Recharge Ponds :
Approx. Max. *
Surface Dam Dam*
Pond # Area Height ( feet) Length (feet)
1 3 n/a n/a
2 20 4 925
3 7 n/a n/a
4 7 4 400
5 10 4 575
6 12 n/a n/a
7 1 n/a n/a
8 6 n/a n/a
15
89CW27
Approx. Max. *
Surface Dam Dam*
Pond # Area Height (feet) Length (feet)
9 5 n/a n/a
10 2 n/a n/a
11 5 n/a n/a
12 9 4 250
13 19 n/a n/a
14 17 n/a n/a
15 12 4 400
16 34 n/a n/a
17 8 n/a n/a
18 4 n/a n/a
19 2 n/a n/a
20 37 n/a n/a
21 30 n/a n/a
* Ponds with no dams are natural depressions .
9 .H. Total Capacity of Reservoirs in acre feet :
9 .H. i . The total capacity claimed in Riverside
Reservoir is 6 , 000 acre feet , and is all active capacity.
9 .H. ii . The total capacity for each of the Sublette
Recharge Ponds is shown in paragraph 9 .E . ii , above . The full
capacity of each pond is all active capacity.
-.. ”.R� 16 ..�,. ,.ne„
89CW27
IV. APPROVAL OF PLAN FOR AUGMENTATION
10 . Approval of Plan for Augmentation .
10 .A. Name of structures to be augmented:
Name Location Amount
Sublette Well No. 1 SE M, NW M. Sec. 15 1500 gpm (3 .33 cfs)
Sublette Well No. 2 SW M, NW M, Sec. 14 1500 gpm (3 . 33 cfs)
Sublette Well No. 3 SW M, NE M, Sec. 14 1500 gpm (3 . 33 cfs)
Sublette Well No. 4 NW M, SW 'A, Sec. 11 1500 gpm (3 .33 cfs)
Sublette Well No. 5 NW M, NW M, Sec. 11 1500 gpm (3 .33 cfs)
,_ Kula Well No. 9393-F NW M, NW 'A, Sec. 13 2 . 17 cfs
Kula Well No. 9395-F NW `A, SW M, Sec. 12 2 . 61 cfs
Sublette Refuge Pond SE M, SE 'A, Sec. 15 7 . 05 acre feet
* All in T 4 N, R 61 W, 6th P .M.
10 . B . Water use and consumptive use :
The location of the lands to be irrigated on the Project
Property under this plan are shown on Exhibit B . The total acreage
irrigated under this plan shall not exceed 1 , 450 acres . All
irrigation of such lands pursuant to this decree shall be accounted
for as provided herein . Since the crops which will be grown on the
lands to be irrigated will vary from year to year, the consumptive
use of water by those crops will be calculated monthly by means of
the modified Blaney-Criddle method, as described in the U. S .
Department of Agriculture , Soil Conservation Service Technical
Release No . 21 . The climatological data necessary for this
analysis will be obtained from the Fort Morgan weather station on
a monthly basis . Using this method, the crop consumptive use of
irrigation water shall be calculated for the actual crops and
acreages to be covered each year, and this shall be the amount of
water required for replacement to the South Platte River for that
year . The consumptive use of water from the Sublette Refuge Pond
will consist of the amount of water lost to evaporation from that
pond . The pond surface area when full is 1 . 5 acres . The
consumption for the Refuge Pond shall be calculated monthly, as
follows .
�.� 17 moo„
89CW27
been accepted by the Water Court for Water Division 1 for the
purpose of calculating stream depletions along the South Platte
River Valley and has been incorporated into numerous decrees
entered by the Court . The SDF values for the structure to be
augmented in this case are as follows :
Name Location * Amount SDF
(days)
Sublette Well No. 1 SE �1%, NW M, Sec. 15 1500 gpm (3 .33 cfs) 95
Sublette Well No. 2 SW M, NW M, Sec. 14 1500 gpm (3 .33 cfs) 85
Sublette Well No. 3 SW X14, NE /,, Sec. 14 1500 gpm (3 .33 cfs) 55
Sublette Well No. 4 NW �1%, SW 1%, Sec. 11 1500 gpm (3 .33 cfs) 200
Sublette Well No. 5 NW 14, NW X14, Sec. 11 1500 gpm (3 .33 cfs) 345
Kula Well No. 9393-F NW �'4, NW �1%, Sec. 13 2 .17 cfs 30
Kula Well No. 9395-F NW M, SW 'b, Sec. 12 2 .61 cfs 112
Sublette Refuge Pond SE '1%, SE 14, Sec. 15 7.05 acre feet 0
* All Locations in T 4 N, R 61 W, 6th P .M.
These SDF values shall be used to calculate the timing of stream
depletions for the operation of this plan .
10 . D . Recharge operations :
Water for the recharge operations under this plan will be
delivered through the Riverside Canal and Reservoir System. Water
delivered to the Project Property is measured at the outlet
structure from the Riverside Canal . No recharge credits are
determined herein for recharge occurring during delivery in the
Riverside Canal System or temporary storage in Riverside Reservoir;
however Riverside reserves the right to claim such credits in later
applications . From this structure, water is distributed through
the initial reach of the Sublette Inlet Canal (Reach A) to a
bifurcation point . From there, the water runs through two main
canal laterals (Reaches B and C) . Reach B is used to deliver water
to ponds 1 through 10 in the northern part of the recharge area and
ponds 11 through 14 in the middle part of the recharge area . Reach
C delivers water to ponds 15 through 21 in the southern portion of
the recharge area . These canal reaches and the recharge ponds are
depicted on a map, attached as Exhibit D .
19
89CW27
10 . E. Evaporation losses :
Between the time when water is delivered to the Project
Property and the time when it is recharged into the aquifer beneath
the property, evaporation occurs . In order to accurately quantify
the amount of recharge which takes place, the amount of evaporation
must be deducted from the water delivered to the property.
Evaporation rates vary throughout the year, and the monthly rates
for this area are as follows :
Average Net Evaporation for Recharge Ponds
Month Net Evaporation Net Evaporation
(Inches) (af/ac)
Nov 1 .42 0 . 12
Dec 1 . 51 0 . 13
Jan 1 . 55 0 . 13
Feb 1 . 59 0 . 13
Mar 3 . 18 0 . 27
Apr 4 . 74 0 .40
May 5 .32 0 . 44
June 6 . 90 0 . 57
July 7 . 14 0 . 60
Aug 6 . 12 0 . 51
Sept 4 . 79 0 . 40
Oct 3 .21 0 . 27
TOTAL 47 .40 3 . 95
In the future operation of this plan, these monthly evaporation
rates shall be multiplied by the maximum number of surface acres
covered by water for each of the ponds to which water was delivered
in each month. The net recharge for the plan will be the total
water delivered to the Project Property, less the evaporation
losses .
10 . F. Timing of stream accretions :
For the same reasons described above concerning stream
depletions, there is a delay between the time when water is
o.�
.:.S�. ,.�.�.,� 2 0 u,�,�. ..n,,,
89CW27
recharged and the time when it reaches the South Platte River as a
stream accretion. The SDF method also is an appropriate tool for
calculating this time delay. The SDF values for the ponds and
canal reaches involved in this plan are as follows :
Recharge SDF*
Pond No . Location Zone (days)
1 SE SW Sec 2 750
2 SE SW Sec 2 480
3 NE NW Sec 11 480
4 SE NW Sec 11 270
5 NW NW Sec 11 480
6 SW NW Sec 11 480
7 SE NE Sec 10 480
8 SE NE Sec 10 480
9 SW NE Sec 10 480
10 SW NE Sec 10 480
11 SE NE Sec 10 270
12 NE NW Sec 14 120
13 NE NE Sec 15 120
14 SW NW Sec 14 30
15 SE NE Sec 15 120
16 NE NE Sec 15 120
17 SE NE Sec 15 120
18 SW NE Sec 15 120
a.� 21
89CW27
Recharge SDF*
Pond No. Location Zone (days)
19 SW NE Sec 15 120
20 SE NW Sec 15 120
21 NE SW Sec 15 30
Canal
Reach A Sec 10 270
Canal
Reach B Sec 10, 11 270
Canal
• Reach C Sec 10 , 15 120
* SDF Zones refer to Stream Depletion Factors used in the analysis
of stream accretions .
These SDF factors shall be used to determine the timing of the
stream accretions which result from the net recharge in the future
operation and administration of this plan.
10 .G . Operation and accounting:
Using the methodologies and factors set forth above, Applicant
shall account for the water used and consumed under this plan and
calculate the stream depletions associated with that use, shall
measure and account for water delivered to the Project Property,
deduct evaporation losses, and calculate the stream accretions
associated with the net recharge, and shall account for the
balancing of net stream depletions with net stream accretions to
ensure that injury to downstream water rights does not occur . This
shall be done through the following sequence of accounting :
10 .G. i . Consumptive use of water from the irrigation wells
shall be calculated with the modified Blaney-Criddle method as
provided above . Net evaporation from the Sublette Refuge Pond
shall be calculated as provided above . The total of this
consumptive use and net evaporation shall be the replacement
obligation. Using the SDF factors described above, the stream
depletions resulting from the replacement obligation shall be
calculated and projected throughout the following water years .
10 .G. ii . Applicants shall measure and record the amount of
water delivered to the Project Property on a daily basis , and
a ^° a. 22
89CW27
summarize those deliveries on a monthly basis . The distribution of
water to the two main lateral canal reaches (Reach B and Reach C)
and the recharge ponds shall also be measured and recorded.
Evaporation losses shall be determined as set forth above and
deducted from the amount of water delivered to determine the net
recharge . The stream accretions associated with the net recharge
shall be calculated using the SDF method described above . These
calculations would be made twice each year, once at the end of each
water year, and once prior to May 1 of each year to provide a
projection of available recharge credits for the upcoming
irrigation season .
10 .G. iii . Prior to May 1 of each year, Applicants shall
provide to the Division Engineer a projection of the anticipated
stream depletions for the upcoming season, a calculation of the
available stream accretions for the upcoming season, and a balance
indicating that no net stream depletions to the South Platte River
will occur.
10 .G. iv. After entry of this decree, the wells described in
paragraph 10 .A. shall be augmented pursuant to this decree and
shall not be included within a temporary substitute supply plan
approved by the State Engineer except as provided in this
subparagraph. In the event that there is a shortage of water under
this decree for replacement of the depletions associated with said
wells , Applicants may obtain approval of one or more temporary
substitute supply plans from the State Engineer for a period of one
(1) year, and Applicants shall provide written notice to the Fort
Morgan Reservoir and Irrigation Company of any operations pursuant
to such substitute supply plans and a copy of the substitute supply
plans . These wells shall not be operated pursuant to a substitute
supply plan for any period of more than two (2) consecutive years
and two (2) years during any five (5) year period, and if any well
described in paragraph 10 .A. is operated pursuant to a substitute
supply plan, then the limitations of this sentence shall apply to
all wells described in paragraph 10 .A. If any of the respective
individual well owners (Sublette, Rothes , or Jones) are short of
needed replacement credits under this decree, they must either
lease credits from one of the other individual owners of credits
under this decree (Sublette, Rothes, Jones , or Riverside) , operate
under a substitute supply plan within the limitations of this
subparagraph, or curtail their irrigation to reduce their well
depletions pursuant to this plan.
,.... ,,,. ". 23 ,,,
89CW27
V. GENERAL TERMS AND CONDITIONS
11 . Volumetric Limits .
Diversions pursuant to all of the water rights described in
this decree shall be limited to a maximum of 18 , 000 acre feet per
year as measured at the turnout to the recharge ponds from the
Riverside Canal .
12 . Future Well Permits .
Applicants shall apply for well permits for Sublette Wells 1-5
before they are constructed. Applicants shall be entitled to the
issuance of said well permits after they are properly submitted to
the State Engineer.
13 . Future Administration .
The State Engineer and/or his agents , shall not curtail the
diversion and use of water through the structures described in
paragraph 10 .A. above , so long as the out-of-priority stream
depletions associated will all diversions from said structures are
replaced to the stream system pursuant to the terms and conditions
of this ruling and decree . To the extent that Applicants or others
are ever unable to provide the replacement water required, then
said structures shall not be entitled to divert water under the
protection of this plan, and shall be subject to administration and
curtailment in accordance with the priority system.
14 . Interface with Other Riverside Water Rights
The following water rights listed in order of seniority, are
decreed for storage in Riverside Reservoir :
14 .A. A water storage right , Reservoir Priority No . 24 ,
with an appropriation date of April 1 , 1902 , which was decreed on
January 15 , 1914 , for 700 million cubic feet of water or 16 , 070
acre-feet for irrigation purposes, to be diverted through the inlet
canal at a rate of 500 c . f . s .
14 . B . A water storage right , Reservoir Priority No . 45,
with an appropriation date of August 1, 1907, also decreed on
January 15, 1914 , for 1 , 805 million cubic feet of water or 41 , 437
acre-feet for irrigation purposes, to be diverted through the inlet
canal at a rate of 1, 000 c . f . s .
14 . C. A water storage right, Reservoir Priority No . 77,
usually referred to as the "rod decree" with an appropriation date
..,.. Lan 24
89CW27
•
of October 25 , 1910 , also decreed on January 15 , 1914 . The decree
grants the right to a sufficient amount of water to fill Riverside
Reservoir, together with the water granted under Reservoir Priority
Nos . 24 and 45, to a specified depth above the bottom of its outlet
tubes . Subsequently, this storage right has been made absolute to
a depth of 33 . 55 feet above the bottom of the outlet tubes of
Riverside Reservoir, to be diverted at a rate not to exceed 1 , 000
c . f . s from the South Platte River through the inlet canal . The
Applicant has conceded that the remaining portion of the
conditional water right awarded in the January 15 , 1914 decree has
been abandoned.
14 . D . A refill decree, Reservoir Priority No . 24R, with a
priority date of 12 : 00 Noon, December 31, 1929, which was decreed
on June 8 , 1965 . This decree awarded the right to measure up to an
additional 56 , 325 acre-feet of water into Riverside Reservoir for
the purpose of refilling it , subject to the capacity of the
reservoir and its inlet canal , to be diverted through the inlet
canal at a rate not to exceed 1, 000 c . f . s . This refill decree
shares a common priority date with several other refill decrees in
Water District No . 1 .
The amount of water diverted pursuant to this decree which is
temporarily held in Riverside Reservoir in any water year shall be
deducted from the amount of water that could otherwise have been
diverted pursuant to the most senior priority, of those listed in
paragraph 14 A. through D. above, that has not been fully
satisfied during that same water year and which would have
otherwise been in priority and operating at the time such water was
diverted and temporarily held.
15 . Interface with Central and Lower Water Rights .
By stipulation, Applicants will not exercise the water rights
decreed herein so as to cause a call or curtailment on any of the
existing decreed water rights in existence as of January 5 , 1996 ,
owned by the Central Colorado Water Conservancy District and the
Groundwater Management Subdistrict of the Central Colorado Water
Conservancy District , and the Lower South Platte Water Conservancy
District .
16 . Measuring and Accounting.
The Applicants shall install and maintain such measuring
devices as the State Engineer or his agents may reasonably require
for the administration of these water rights and this augmentation
plan . Accounting forms shall be prepared and records kept as
reasonably prescribed by the State Engineer or his agents .
25
• . 89CW27
17 . Excess Augmentation Credits .
The Court recognizes that there may be stream accretions in
excess of the stream depletions attributable to the structures
described in this decree which may result from the operation of
this recharge plan ( "excess augmentation credits" ) . Any excess
augmentation credits may be leased, sold, or assigned by Applicants
to any third party for such party' s use within the same month as
the recharge credits accrue to the South Platte River, provided
that such use is pursuant to a substitute supply plan approved by
the State Engineer or a judicially approved plan for augmentation
or exchange . Excess augmentation credits may not be carried over
from month to month for any reason under this decree .
18 . No Carryover of Recharge Credits .
All recharge credits used under this decree must be used
within the same month as they accrue to the South Platte River, and
may not be carried over from month-to-month .
19 . Continuing Jurisdiction.
Pursuant to the provisions of C . R. S . Section 37-92-304 (6 ) ,
this Court retains continuing jurisdiction over this case for all
purposes for a period of five years from the date of this decree .
Additionally, the Court retains jurisdiction over this case until
such time as Applicants obtain Court approval of plans for
augmentation or exchange utilizing all of the water decreed herein
for such use . Any person, including the State and/or Division
Engineers , may invoke the retained jurisdiction of the Court ,
provided that any person who does so has the burden of going
forward to establish a prima facie case that water rights have been
injured by the operation of the existing plan and that additional
terms and conditions are needed.
20 . Diligence Requirements for Conditional Water Rights .
20 .A. The conditional water rights awarded herein are
conti ued in full force and effect until the last day of
, 2002 . If Applicants desire to maintain such
conditional water rights, an application for a finding of
reasopable diligence shall be filed on or before the last day of
, 2002 , or a showing made on or before such date
that the conditional water rights have become absolute by reason of
the completion of the appropriation .
20 . B . Before the close of the first diligence period after
entry of this Decree, Riverside shall file an application for Court
26
89CW27
approval of all exchanges and for approval of a plan for
augmentation for the uses of recharge credits contemplated by
paragraphs 8 . F . iii . (4 ) . a . and b. and 9 . F . iii . (4) a . and b .
20 . C. During the first diligence period, to the extent not
identified pursuant to any filings made by Riverside pursuant to
paragraph 20 . B . , Applicants agree to complete the following:
20 . C . i . Riverside will identify the exchanges and the
rate of flow and volume of water to be used for the exchanges .
This will be substantiated by identifying the exchanges Riverside
has or intends to operate and providing in writing to objectors the
following information with respect to each exchange : (1) the amount
claimed in cfs and acre feet per year and the basis for the amounts
claimed; (2) Riverside' s authority to operate the exchange by
statute, or if necessary, an Agreement with any affected party; (3 )
Riverside ' s authority to use structures not owned by Riverside ; (4 )
identify by structure and legal description the upper and lower
reaches of the exchange . Once the rate of flow and volume is
identified, Riverside will not be limited to those specific
exchanges , but that water will be utilized for exchange or
augmentation purposes only. Riverside may subsequently adjudicate
any such exchanges , but they are not adjudicated herein.
20 . C. ii . Applicants will identify the rate of flow and
volume of water to be used for augmentation. This will be
substantiated by identifying the structures Applicants augment or
intend to augment and providing in writing to Objectors the
following information with respect to each augmented structure : (1)
the amount claimed in cfs and acre feet per year and the basis for
the amounts claimed; (2) the monthly depletions for each structure
in cfs and acre feet ; (3 ) Applicants' authority to augment the
structure and, if necessary, an agreement with any affected party;
(4) Applicants ' authority to use structures not owned by
Applicants . Once the rate of flow and volume is identified,
Applicants will not be limited to those specific structures, but
that amount of water will be utilized for exchange or augmentation
purposes only. Applicants may subsequently adjudicate any such
augmentation plans, but they are not adjudicated herein.
20 . C . iii . If the information provided above does not
substantiate the need for the 18 , 000 acre feet of water awarded in
this decree, then the conditional amount shall be reduced to the
amounts shown to be necessary for the exchanges and augmentation
which were properly substantiated. Objectors reserve the right to
review and object to any of the information provided as required
above . If there is any dispute between the Objectors and
;..�� 27 --0 .—r„na„
89CW27
. .
Applicants it shall be presented to and resolved by the Water
Court , Water Division No . 1 .
21 . Calendar Year Priority.
As set forth in paragraph 6 above, the priority awarded herein
shall be administered as having been filed in the calendar year of
1988 , and shall be junior to all priorities filed in previous
years . As between all rights filed in the same calendar year,
priority shall , unless otherwise ordered by the Court , be
determined by historical dates of appropriation and not affected by
the date of entry of ruling and decree .
Dated this , day of `A .p,,,i) , 1996 .
/ r
i% -.
Ra on S . Liesman
Water eferee
Water Division 1
,,,. ,.. 28 „no„
89CW27
DECREE
THE COURT DOTH FIND: NO PROTEST WAS FILED IN THIS MATTER.
THE FOREGOING RULING IS CONFIRMED AND APPROVED AND IS HEREBY
MADE THE JUDGMENT AND DECREE OF THIS COURT.
Dated: '0.gta,3CAMML •
BY THE COURT
Jonat on W. Ha s
Water Judge
Water Division 1
State of Colorado
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Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0151791 Parcel#: 104711100038
Tax Area: 2075 Bordering County:
Acres: 284.05
Township Range Section Ouart. Sec. Subdivison Name Block# Lot#
04 - 61 - 11 - 1 - -
Owners Name&Address: Property Address:
70 RANCH VENTURES LLC Street:
C/O ERIC VANDERHYE City:
9191 TOWNE CENTRE DRIVE UNIT 210
SAN DIEGO, CA 92122
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
4/11/2008 $723,000 WD 3547973
Legal Description
4015-B E2 11 4 61 EXC THAT PT SW4NE4 LYING E OF E LN OF PARCEL DEEDED TO SUBLETTE LAND&CATTLE CO BK 1063 REC#
2003571 EXC OG&M ON N2NE4
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4107 Acres 223.47
Agricultural 4147 Acres 60.58
Land Subtotal: 284.05 $52,660 $15,270
No Buildings on Parcel
' 7 (JO-
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EXHIBIT
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Weld County, Colorado Page 1 of' 2
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Weld County, Colorado Page 2 of 2
Legend
Seleded_Fealures
Street/Road Name
inCounty Border
1 City Limits
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❑ Serwd
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n Gas
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104711100038
70 RANCH VENTURES LLC Total Taxes:
CIO ERIC VANDERHYE Amount Due:
SAN DIEGO, CA 92122
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