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HomeMy WebLinkAbout20100162.tiff CF1VED OCT 2 7 2008• CW1 CENTRAL WELD COUNTY WATER DISTRICT October 21,2008 Chrysten S.Hinze Lind,Lawrence&Ottenhoff,LLP Suite 200 355 Eastman Park Drive Windsor,CO 80550 RE: Can Serve-Water Service for A&W Water Dear Ms. Hinze: This letter is in response to a request for water service to serve the following property described as follows: Part NE 1/4 Section 31,Township 4 North,Range 66 West,Weld County,Colorado Water service can be made available to the above described property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District will require that Tap Assignments be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water • prior to District approval. Please note that you are responsible for confirmine that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau of Reclamation. To do this, you may contact Marilyn Conley with Northern Colorado Water Conservancy District at 970.532.7700. Central Weld cannot issue a tap until all requirements are satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one(1) year from the date of this letter Pursuant to the Lind, Lawrence & Ottenhoff LLP letter dated October 2, 2008,this letter provides for water service availability for 5/8"residential tap for a maximum of 300,000 gallons annually to service a proposed office facility on the property. It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT • . %Caer Z/ja 2235 2"d Avenue• Greeley, Colorado 80631 • Phone(970) 352-1284 •Fax (970) 353-5865 John W.Zadel, General Manager 2010-0162 • F • • • TYPE_6_ Contract No._S78_ PETITION FOR CLASS D NON-IRRIGATION ANA0 R A L WATER CONTRACT FDISTRICT OF THE CM EHE GROUND NTRAL COLORADO WATER CONSERVANCY DISTRICT petitioner hereinafter named petitions the Ground Water Management 6ubdistel of the steed.,Cntral for Cleo 0ematbeVJatcy Allotme a political nt Contract subdivision of the Stele of Colorado,organized and existing by virtue of 537.46101, e for beneficial uss of water under the following terms and conditions: Name,address and telephone number of Petitioner(also glue address of local repreeenledvs,If any): A W Water Service,Inc. Wright,Don P.O.Box 887 F1.Lupton,CO 80021 Phone: 303469.6523 2. Farm I.D.M(to be eolgned by Sub04bld): 278 3. List quarter section,eecllon,towniNP.and range Wands covered by thla petition and local acres of pamel(elUch copy of property deed): Part NE1/4 Section 31,Townehlp 4 North,Range 66 West 92 Weld 4. Ground water use. a.Type of ground water use(domestic,livestock,commercial,industrial,slag: Corcmerolal and industrial b.Short deeclpuon of ground water use: Use associated with oil wet dulling,fracturing,workover end other associated uses. 5. Petitioner owne and/or uses on the above-described lands the following water rights(attach copy of well detrain): a. Well Information: WELLS AUGMENTED: Pump(GPM) Permit Number Case Number Location(114,11411/4)Section Township Range R.13416 W.3072 SW NE 31 414 66W 1003.6 Ii-13417 W.3972 SW NE 31 IN 66W 990 • �e , • b. Surface Water Rights information: e. Slate the power source(*)used for ground wider diverslon(e)(eleclo,gasoline,diesel,natural gas): Electric b. Do your wells have totalizer flow meters insteea and opentMg? Yee a Slats whether an efficiency detemNation of your well(*)has been made,and if so stale that efficiency for each well: 6. Ground water dlverelon by month: Ground Water Diversion Month Minimum Average Maximum February 9.28J 6.26ebrery• 6.26 Marsh 6.28 April 6.26 May 6.26 June 6.26 July 6R6 SSept August 6.26 • cbe 6.25 October November r 6.28 December 6.26 75.33 y� TOTAL a.The above quantities were determined by(state name,address,telephone N'end date detemened): CCWCD b.Method of determination(briefly describe and attach supplemental document,as necessary): Assignment beaten Western Equipment 6 Truck,Inc and AS,W Water Service,Inc Oiled 2/16/2005.Recorded in the office of the Weld County Clerk and Recorder 2/17/2006 reception mwmbsr 3261797. 7. Ills understood and agreed that Petitioner will provide the Subdistrict with annual capon concerning ground water diversion similar to¶6. 6 It slM�groflOOd and afire that lpon request by the Subdistrict furnish to the 8ubdlemct renorda of his power consumption for rich und d lon• PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL.NOT BE ACCEPTED FOR FILING. THE INFORMATION MUST BE CORRECT AND ACCURATEN IT TO GRANT THE CONTRACT AND CANNOT BE RESPONSIBLE FORINCO INCORRECT OR INACCURATE INFORMATION. 1111111 IIIII 111111 111111 III 1111111 HMI IIII IIII 3420065 09/15/2006 01:34P Weld County, CO 065 1 of 1 R 6.00 D 0.00 :Steve Moreno Clerk& Recorder • SPECIAL WARRANTY DEED OD DP THIS DEED, Made this 8'h day of September, 2006, between BigThompson Investment Holdings, LLC, a Colorado Limited Liability Company, grantor, and A&W Water Service, Inc., whose legal address is P.O. Box 7-8, Fort Lupton, 80621, of the County of Weld, and State of Colorado, grantee, WITNESSETH, That the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Eleven (11) Shares in the Farmers Independent Ditch Company, Certificate No. 1128. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues-and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its heirs and assigns forever. And the grantor for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against al! and every person or persons claiming the whole or any part thereof, by, through or under the grantor. • IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. BIGTHOMPSON INVESTMENT HOLDINGS, LLC 441 ti X ' `rte . l Mark Goldstein, Manager . STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) s , The foregoing instrument was acknowledged before me this 8th day of September, 2006 by Mark Goldstein, Manager of BigThompson Investment Holdings, LLC, on behalf of that entity. WITNESS my hand and official seal. My commission expires: AAA.; Notary Public CARRIE WALKER • NOTARY PUBLIC STATE OF COLORADO My Cornrow,Erpves July 15.2009 • ii�` �� 4t )' h+1y�L { �. F ,/�t �'' �" r J'i /z /1;, 4.,°� � y��r t✓�.i"Y f K rx S rf / F,y •i744e _ -... .•,--i13-1,;''%eke-d "- yc!:',S! `LY Y* .1K.S)kSAyr C..{4YJX- ,} ty _�„ .,(2c rf tKfYls�o,t(0UV e i t'Va r(00,r(( f,L(.,•rc(4� p �• �4j,,3 y 7t� `-- - 3s 9:ct-4H:�oa `�o� Ea"�o. oa�o t%-vl.-3/47'cFY�v `' o YVa•44 'ao(�<�iAoeok>oc:.OJn ) se�oE e i�� l� cn• .�' JJ 4� P ', inM_� °M,r/vis`/•vy�.i.� ✓vvJ� _ „ ,ErJ�!1.'J�n1Jvi.^°/vifJ.itJ`M_° ..Jv*....,, v�M.'°✓\°n ° L'�'VL^M° _°$n/vU„M.,v ^J`iWvt,_a!/°cf'l b fL, 70P INCORPORATED UNDER THE LAWS OF THE STATE OF COLORADO 'g' C FUG _� t Lmnaen E -IiL� M (Sr° �i _,Ft f�!�� c LnneJ < k7, a 1 '16,' ,` - � Ii k.-' • x- o . '. zxyx tJ _ -20) — , _ - = m � 7 : _ _- �y Q ,, , tabs S to Certify that a , . -' �'� ir" / fit 58 F`° (is) (axe)the owner(s) of L�1LVG�c 1/ �� ' shares of the capital stock of 9 1 s THE FARMERS INDEPENDENT DITCH COMP Q?�0 417.o These shazes are issued by the company and the rights and duties of the holder are as set forth in the company's Articles of Q.`ztt h Incorporation and Bylaws,including amendments made subsequent to the date hereof, and such rules and regulations as may ',.:-.M..".' , from time to time be adopted by the Board of Directors. .x �•? Each share of stock entitles the holder to an equal pro-rata share of the available water supply of the company, subject to �., • ,-,:1/4,-.;,,,,./..0rr° certain limitations on use. ` , tThe holder is liable for the payment of assessments,and unpaid assessments and obligations of the holder to the company 3^1,� `✓� constitute a first lien on these shares in favor of the company. �� r} : t� There are limitations on the transferability of these shares.All transfers must be approved by the Board of Directors of the 'p,�,c company, and transferred on the books and records of the company by surrender of this certificate,properly endorsed,for any off' 4' � transfer to be effective against the company. y ,' y `� INU�IITNESS WHEREOF,The Farmers Independent Ditch Company has caused this certificate to be signed by its duly authorized 0 t.' ..,,,--.N.-&-: 'S officers,and sealed with the seal of the corporation at ��s ,Colorado,this �� day of S9n�p i s�ra A D ��t J �) ATTEST. / --r�` " :41); t, L, l ill THE ' >IN• I I}I• h, P 1 DIT♦ CO rANY �, ` By, • . / �i. Gtr ((�_ w.; r ecretary 't �+� r ,,� w `..._�. nv II�ick Csn/ > i-- r'1 �. w,r„vo r— 5 S President & ,,� "`' �C S f �� 3� r er'5, c>`W-'�'v�H0E}j�3 0 '-` ;,.. �-.,,)(c)O,r.,-w..,.v w-w(c,74)v�we,,. : •' ,/ X��' ��..- r`,74,;-0 ` >'-yyr,,,h / r•�!h.l44� nk ";g3i I _4 3 • .Wh�„vA / G�Fj��.j�C� .1_4<<% G,.v j� 3'4:i ZI I .' �1 t� C , n; 4 �.,ra' .( , f , ,, • gr1� � ,rif.,'r, .! P ry: i 'war ,Y'F� '-vt.L Y 7 •TW ®ao:a m rte' { -I } • • • ,,3i.(� �",( e r } ✓ rr I l A ..x.,,,,,,,, ,,,?„ C.a Y lit t Ph F tt 4 vt :. •-, cm r y'F: ;CIO', (7 ice , if ("' CCttr-tt ,xf Y-,�^r- ,1,,c/" ,'?"rt 7x '},��?(:),`(.e}(, ",,, O -c7er/ , a a `p F,,;, :)( ), E '\\::.' � ''b., t, ( 1uS J✓.r�"0e, -i L 2;-0,O ),: O CS—lo �‘Jo e:,,,el°-c0 `` °0",e`J,. 1 0 et-j0C-. ov C��C a',- 1,o-' C776J ") }°, t, r nir;�.1 r ;`J INCORPORATED UNDER THE LAWS OF THE STATE OF COLORADO ' m91, ( f { HUMBER �(eFw( ":T` f �� d. nor. �� • �y y ..,..,...eil , /i. }L r tic '°G�7�° - _ - _ Ci 1 .C.° �bbig to �ertifp that / tI/ j- ' J�P-Ivr--P1� c itr e, i±s.° / , ;:itisr:J T �r (is) (axe)the owner(s) of Os �{w� 1�9 shares of the capital stock of,` Wd,o THE FARMERS INDEPENDENT DTTCH COMPANY e These shares are issued by the company and the rights and duties of the holder are as set forth in the company's Articles ofx,�� Incorporation and Bylaws,including amendments made subsequent to the date hereof, and such rules and regulations as may •,,,, from time to time be adopted by the Board of Directors. �' Each share of stock entitles the holder to an equal pro-rata share of the available water supply of the company, subject to certain limitations on use. �f r� { iiri 5 The holder is liable for the payment of assessments,and unpaid assessments and obligations of the holder to the company h constitute a first lien on these shares in favor of the company. f rw There are limitations on the transferability of these shares.All transfers must be approved 0 o by the Board of Directors of the company,and transferred on the books and records of the company by surrender of this certificate,properly endorsed,for any �y i ELF. transfer to be effective against the company. - C dc,}° IN WITNESS WHEREOF,The Farmers Independent ttDiDitcchhh Company— has caused this certificate to be signed by its duly authorized 3 ofncers,and--. edwiththesealofthecorporationat_,� J Colorado,this o47 day of y (ADD? O5 -r rr! � ATTEST: THE Fy(� RS IND r �+ r OTT c r ` � a �h _';� - (Jam. . _J I (6L�.! By r �. •� __ ' . -+.•�1� °f)r✓ ". / s1 ecretary _.---, -,,n4,,,.,.--7,......„ President � /. ret, �.f i n a - �'i Cj 'b'�7 - jQ'F �4 ..1.,4.'".?,- 0?.--k/ra Fps c[ L a. giy, ,,'ja 7 °Pi, + -';': 4tfrkr-�4X.:"± i. c i -e4 er -F� 3-N — � --,:"U',-/,r n` >d�5%,ck rr ?� `{ Y i •��nn•• • x 5, kw s s- y 6 1 Sys s X - , r^r X.' 7( ,k m ,rX ', X�r1-. s . - tv Jzr�.. v ,.f.- a� i k'�i-r +J. of u- '9t%'" r1L Yr .,'�1 , e I 1 prk, Sv }?5 ar r 9 3 , fd.',,s'- '-�� mopes 15 a1-0 L'+JCH -! - .+ ,� .k �x ,� r�= ✓'�:.L= ` Cr #�� ?g 17 04 02:E2p . -- 370 ? 1816 p. 2 8EP 19 OCT 4-1*) Form F (Rev.) Fat* EC:Y.2 i 7-57/5M _STATE OF COLORADO Ruben Harding OFFICE OF THE STATE ENGINEEION OF WATR GROUND WATER SECTION 12 (� pp�� 134 .6150UTD • REGISTRATION NO..S.OF WELL?/ /4,. _ APR 291960 Registrant Faxz.:Farms Company P.O. Address I Date 9w SECT. -.�. _ Oreflev = .O p Colo. SISIE EXWIEER WELL DATA WELL LOCATION County Weld 4 Depth 60 ft. Diameter 18 in. 2 ti Casing : • 30 ft. Plain; 30 ft. Perfor. 21E+, Section 31 Static Water Level ]8 ft. from top twp. 1; N Rg& 66 td 6 PM Yield 1000 (gpm)(*) from 50 ft. A. N • Used for �Irr'gation on/at m I i Part tlFrl See- 31 'f ( 1 MP. l: N, it e. 66W.... r a a --T' -- (1 description of and or site) F,. Water conveyed by Ditch, size U L��V 1' PUMP DATA E Type Turbine Size A_, inch n m • i t I_ Driven by 15 H.?, Z RPM Z 0cc. at 1760 b —1 i I I I Well was first used ecizaegp19146 for Irrigation using cfs S 1000 gpm WELL TO BE LOCATED AS ACCUR- Well enlarged 19 to ATELY';AS POSSIBLE WITHIN A deepened — SMALL r SQUARE WHICH REPRESENTS 40 ACR$1S; OR IF IN A TOWN OR (gpm)(cfs)(ft) SUBDIV SION FILL IN THE FOLLOW- LOG SHOULD BE GIVEN ON REVERSE ING. SIDE IF AVAILABLE Town or Subdivision The above well (has not) been registered in the Street 'address the oStatteet Engineer and eprior to May 1, 1957. If Registered give Filing No. jf_2 r Registered prior to May 1, 1957, a $5.00 filing fee, accompanies this form. K::Tbe:taboy yptatements are true and correct to the best of my knowledge and belief. 8!i4eci3bed and Sworn before me FAflR FIuZ,S C E,1Ny this" 2� a _day of _ Auri! , 1960 . ' • • ///�y\ TREASURER !�::::My coln$,�ion expires November 17, lq ��' Iran t Notar P ! c Located In .- G EER S US FOR STATE Jul{ / Z�ddirstr'et, �f/�.l�j County for IRhtuHT�pN Registration No. / CI 0 n lam.p� on APR 29 1960 , 19_ . I _ - - • Rue 17 04 02: S2p • 970 : ISIS p• 3 1 23 •F _ ,R•.5.R.:.is. COLORADO DIVISION OF WATER RES fS. . SIB CentennialCentennialBidg.,1313 Sherman 2:t.,Denver.C _ • ¢�artdorDi D PERMIT APPLICATION FORM A,PR 0 2 1987 Application must �,.at11�a�� be complete where (,1')A PERMIT TO USE GROUND WATq.r--•-�7 12:30 P applicable.Type or (XI A PERMIT TO CONSTRUCT A WELLL` print in BLACK FOR: Lc)A PERMIT TO INSTALL A PUMP 472 x•00 INK No overstrikes MIRES P0023 erasures unless WI REPLACEMENT FOR NO. I -/3j�VSl/7 11P1C7t2 25,00 Initialed. (x)OTHER Farr Farms t4.4/, */-a CREWE25.00 WATER COURT CASE NO. 1'V- ;'3 7.2.CscC 0.00 (1)APPLICANT/7/GC -mailing address FOR OFFICE USE ONLYf Q.9 NO WE IN THIS COLUMN NAME hd rid L. WO If/� Receipt No. �` V33 _I Cam'AS Ed • «Vi STREET AI/,2411— .Eh ST _I eT Sr Basin Dist, _... cityJ/' • ,f .. g0610- (Vol CONDITIONS OF APPROVAL (Slav) TELEPHONE NO. S.1-'V 203 I oPfe.o This well shall be used in such a way es to cause no material injury to existing-water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water �f� right or preclade another owner of a vested water County I'rid right from seeking relief in a civil court action. 1) APPROVED CANT TO C.R.S. 37-90-137(2) FOR is 5/0 of the 1+1F I,,Section .V/ THE REPLACNTOF AN EXISTING WELL PERMIT NO. �/ 13 17-R,D BY TOE DIV, 1 WATER COURT AS Twp._,c__ N ,Rng. tV /AL, 6 p.M. WELL NO. 2 IN CASE NO. W-3972. THE EXISTING (1.1.5i te.w) WELL MUST BR PLUGGED AND ABAMONED ACCORDING TO THE RULES AM REGULATIONS FOR WATER WELL AND (3)WATER USE AND WELL DATA PUMP INSTAT�,T��TION CONTRACTORS. THE ENCLOSED AFFIDAVIT FO 1 MUST BE COMPLETED AND SUBMITTED WITHIN SIXTY (60) DAYS AFTER THE CONSTRUCTION Proposed maximum pumping rate(gem) el Gin OF TIM NEW LL AFFIRMING THAT WELL NO. 2) )417—R WAS LUGGED MID ABANDONED. Average annual amount of ground water 2) TER MAX PIMPING RATE OF THE WELL SHALL to be appropriated (acre-feet): to19 — Shresns{Lu R-Ay% T EXCEED G.P.M. iq-/SY40 R-M4'M�1i•I9Y/9 •4 R/9Ytl / , s) APPROVAL F THIS REPLACEMENT PERMIT SHALL / T RESULT I AN EXPANDED USE OF GROUND WATER. Number of acres to be irrigated: .1-7•y THE USE OF UND WATER FROM THIS WELL COMBINED r WITH APPLIC S OTHER WELLS STATED IN THE Proposed total depth Ifeeti: 90 DROREEI CASE' NO. W-3972, IS RESTRICTED TO IRRIGATION OF 224 ACRES IN THE S1/2 OF SECTION Aquifer ground water is to be obtained from: 3 , TOWNSHIP,4N, RANGE 66W, STE P.M. 4) A TOTALIZING FLOW NETER MUST BE INSTALLED ON Allonbi7 'LIB; WELL AND MAINTAINED IN GOOD WORKING ORDER. PEDIMENT RECORDS OF ALL DIVERSIONS MUST BE Owner's well designation gook AsAse Wen 31-4. MAINTAINED Ali B? THE WELL OWNER 'RECORDED AT LEAST ANNUALLY) AND SUBMITTED 1O T- DIVISION GROUND WATER TO BE USED FOR• INFER UPON REQUEST. E5THR OWNERISHALL MARK THE WELL IN A CONSPICU- 1. I HOUSEHOLD USE ONLY.no irrigation(01 PLACE WITH APPROPARjIpAT,E,,,�WELL PERMIT NUMBERS, I 1 DOMESTIC I11 ()el INDUSTRIAL 151 HE SHALLTAMAQUIFER,NN .ARy MEANS p CASE RE �NS 1 1 LIVESTOCK (2) 1 )IRRIGATION(61 To PI DESERVE THESE MAREINOS. n r,l yi -� I I COMMERCIAL(41 1 )MUNICIPAL(81 M 8 I 1 OTHER ON APPLICATION APPROVED DETAIL THE USE ON BACK IN(11) !!11 (4) DRILLER PERMIT NUMBER R- la n4 I f • R F J1 )1 �-1 DATE ISSUED APR 09.191�7 Name .LBS/v fJI•� rile- EXPIRATION DATE APR 0 9 19RR sreet_.F3Px 5�O //iir . '�R�s...4.4., City �4�r (1ar01and rt ny 1 TE R)"- A IV and iz4f • Telephone No.Bay g 9'a a7 Lin.No .21 ID. 1 — u '2' • •. COUNTY. _ . .6 1 ii • • Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 0 (303)866-3581 LIC WELL PERMIT NUMBER 66220 -F _ APPLICANT DIV. 1 WD2 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 NE 1/4 Section 31 A&W WATER SERVICE INC Township 4 N Range 66 W Sixth P.M. PO BOX 887 DISTANCES FROM SECTION LINES FT LUPTON, CO 80621- 2342 Ft. from North Section Line 1775 Ft.from East Section Line (303)659-6523 UTM COORDINATES (Meters.Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking rebel In a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)on the condition that this well Is operated in accordance with the A&W Water Service,Inc.substitute water supply plan approved by the State Engineer on August 7,2007. This well shall not be operated unless it Is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the water court. The subject water supply plan Is currently valid through September 30,2007,and if not extended or if a court approved plan for augmentation is not In operation,diversion of ground water from this well must cease immediately. 4) Approved pursuant to CRS 37-90-137(2)for the use of an existing well. In addition to operating under this well permit,the well will operate in accordance with permit no.13416-R and case no.W-3972. 5) The use of ground water from this well,under this well permit,is limbed to industrial and commerical use, The well will operate under permit no,13416-R for irrigation purposes. 6) The pumping rate of this well,under this permit end permit no. 13416-R,shall not exceed 1000 GPM. 7) The annual amount of ground water to be withdrawn by this well,under this permit and permit no. 13416-R.In combination with the well operated under permit nos.13417-R and 66221-F shall not exceed 850 acre-feet for industrial,commercial and irrigation uses. 8) The annual amount of ground wafer to be appropriated shall be limited to the quantity approved under the substitute water supply plan andlor court approved augmentation plan. At the time this permit was approved the well also operated in accordance with the augmentation plan approved for the Central Colorado Water Conservancy District Ground Water Management Subdistrict in case no.2002OW335. 9) The owner shall mark the well in a conspicuous place with well permit number(s),name of the aquifer,end court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall not be operated unless included in a court approved plan for augmentation or a substitute water supply plan approved by the State Engineer. 11) This well shall be located at least 600 feet from any existing well,completed in the same aquifer,that is not owned by the applicant except for well no.92983-A for which the well owner submitted a 600-foot spacing waiver. 12) This well shall be located not more than 200 feet from the location specified on this permit. 13) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes,rules,and regulations. c.. .W 140/07 PPROVEDIllck L (LS- For • 11M I ��� JMW Ste ngineer Receipt No.3615195 DATE ISSUED 09-06-2007 EXPIRA'ION DATE Form No. GWS-2 NON-EXEMPT 6/2006 STATE OF COLORADO • DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303)866-3581 Fax(303)866-3589 WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90-137(2) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with In order for the permit to remain valid. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT The well permit number is located in the upper right corner of the permit,and the expiration date Is located in the lower right corner. THE WELL PERMIT EXPIRATION DATE IS ONE YEAR FROM THE DATE ISSUED. Evidence of well construction and pump installation must be received on appropriate forms PRIOR TO THE EXPIRATION DATE OF THE PERMIT, The required forms are the Well Construction and Test Report (Form No. GWS-31), and the Pump Installation and Test Report (Form No. GWS-32). There are penalties if evidence of well construction and pump installation is not received prior to the expiration date. The licensed contractor or well owner (under the private driller or pump installer statutes and rules) performing the work is responsible for completing the appropriate form(s)and submitting it to the Division of Water Resources. The expiration date of the permit may be extended one time only for a period not to exceed one year for good cause shown, at the discretion of the State Engineer. If an extension of time.Is necessary to construct the well and/or install pumping equipment. the owner must file a written reaueat for the extension. along with a $60 filing fee. The request and fee must be received by the State Engineer prior to the expiration date. The request must state why the well has not been constructed and/or pumping equipment Installed,and must include an estimate of time required to construct the well and/or install pumping equipment • Water well construction and pump Installation contractors are licensed in Colorado to perform these specialized tasks. It is Illegal for individuals who do not hold these licenses to construct wells and install pumping equipment in or on walls. The well must be constructed and pumping equipment installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least one copy of the well permit. Keep a copy for your records. At least one copy has been sent to the well driller if you indicated a driller license number on the application. You may make additional copies for the well driller if you select one different from the one indicated in your application. The original permit is on file In our Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Use Form No. GWS-11. There Is no filing fee. If you have questions,contact the Denver Office,or the Division Office In the area where your well is located. Division 1 Division 2 Division 3 Division 4 810 9"'St.,Ste.200 310 E.Abriendo Ave Ste 8 301 Murphy Drive 1871 East Main St. Greeley,CO 80631 Pueblo,CO 81004 Alamosa,CO 81101 Montrose,CO 81401 (970)352-8712 (719)542-3368 (719)589-6683 (970)249-6622 Fax(970)392-1816 Fax(719)544.0800 Fax(719)589.6685 Fax(970)249-8728 Division 5 Division 6 Division 7 Denver Office Direct mail to Box 396 Direct mall to Box 773450 701 Camino Del Rio 1313 Sherman St.Rm.818 Glenwood Spgs CO 81802 505 Millers Dr.Suite 101 Ste.205 Denver,CO 80203 50633 D.S.Hwy 6 8 24 Steamboat Spgs,CO 80477 Glenwood Spits.,CO 81601 (970)870.0272 Durango,CO 81301 (303)866-3581 (970)945-5665 Fax(970)879-1070 (970)247-1845 Fax(303)886-3589 • Fax(970)945.8741 Cali First Fax(970)259.0944 • WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER • You may construct the well and/or install pumping equipment yourself If the well is for your own use, is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report (Form No. GWS-31) and/or the Pump Installation and Test Report (Form No. GWS-32). These forms are available from our website at the following link: http://www.water.state.co.us/pubs/wellfom%s.asp, or from any Division of Water Resources office. The well must be constructed and the pumping equipment installed in accordance with the well construction standards of the Board, The WATER WELL CONSTRUCTION RULES and BOARD OF EXAMINERS RULES can be obtained from our website at the following link: http://www.waterstate.co.us/pubs/rule reg.asp, or purchased from any Division of Water Resources office for a small fee. These Rules cover the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. The well construction and pump installation reports including testing of well yields and pumping systems must be submitted to the office of the State Engineer by the respective contractors within sixty(60)days of completion of the work or prior to the expiration date of the permit,whichever is earlier. Your contractor(s) must provide you with a copy of the work report(s)filed with the State Engineer. RULE 12 WELL TESTING 12.1 General - The provisions of this rule establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: • a. a stabilized yield for the well;and b. the production rate of the equipment installed when the well is placed into service. 12.2 Well Yield Test-The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10%during the last hour of the test. The test shall demonstrate that either: - • a. the well is capable of producing the permitted pumping rate for the well;or b. that the maximum yield of the well Is less than the permitted production rate. 12.3 Responsibility for Well Yield Test-Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. It is the responsibility of the person installing the pumping system to ensure that the production from the well compiles with the conditions of the permit. 12.5 Responsibility for Production Equipment Test- Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the well construction contractor determined the well yield and submitted a report, the pump installer need not perform another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump Installation and Test Report. Wells to be plugged and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, Form No. GWS-9 must be submitted to confirm plugging and sealing of the well. This form is available from our website at the following link: http://www.waterstate.co.us/pubs/welfforms.asp, or from any Division of Water Resources office. The specific rules for plugging and sealing wells are found on the reverse side of the Well Abandonment Report • form,or under Rule 16 of the Water Well Construction Rules. . • • Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street,Room 818 Phone: 303-866-3581 Denver,Colorado 80203 *' OWNER'S NOTICE OF CONSTRUCTED WELL 1S Construction of my well under Permit No. was completed on (month) (day) (year) The well was constructed by: ._ (drilling contractor) If the pumping equipment has been installed The pump was installed in my well by: • (pump contractor) on (month) (day) (year) - Signed: Date: - Phone: The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR PLEASE BE ADVISED that, pursuant to section 37-91-106(3), C.R.S. (2006), any person who intends to construct his/her own well or to install pumping equipment in a well as a "private driller" or "private pump installer" shall be required to comply with minimum construction standards adopted by the Board of Examiners of Water Well Construction and Pump • Installation Contractors. (See Construction Rules, 2 CCR 402-2.) • Purpose of the "Owners Notice of constructed Well" It is necessary that your well permit remains valid to allow you and future owners of the property to withdraw ground water from the well for use and to have the well worked on by licensed contractors. First and foremost in maintaining your well permit valid and in good standing is the submittal of the Well Construction and Test Report and the Pump Installation and Test Report (work reports) that licensed contractors (or you, if you constructed the well as a"private driller" or installed the pump as a "private pump installer") are required to submit to the Division of Water Resources. Without the submittal of a work report to show that the well was constructed in conformance with the Water Well Construction Rules and that it is in compliance with the conditions of approval of the well permit, the permit will expire on the expiration date indicated on the permit. Reinstatement of your permit after it has expired or obtaining a new permit for your well may require that you show that the well was constructed • by a licensed water well construction contractor (or private driller) and that it meets the required standards of the Water Well Construction Rules. It is much easier and efficient to maintain the valid status of your original well permit than it is to try to have it reinstated after it has expired or to obtain a new permit for the existing structure. Because it is not always easy to confirm that the required reports have been submitted to DWR, this "Owner's Notice of Constructed Well" is provided for your use. Do not give the notice to your contractor to submit. The notice is to be completed by you and mailed or faxed to the Division of Water Resources so that the Division is advised that your well has been constructed. If the required work reports are not then filed within a reasonable period of time, the Board of Examiners can initiate its procedures for obtaining the reports and thereby assist you in keeping your well permit valid. • • • Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 LIC WELL PERMIT NUMBER 66221 -F APPLICANT DIV. 1 WD2 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 NE 1/4 Section 31 A&W WATER SERVICE INC Township 4 N Range 66 W Sixth P.M. PO BOX 887 DISTANCES FROM SECTION LINES FT LUPTON, CO 80621- 2535 Ft. from North Section Line 1807 Ft. from East Section Line (303) 659-6523 UTM COORDINATES (Meters,Zone:13,NAD831 PERMIT TO USE AN EXISTING WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS 9f APPROVAL 1) Thls well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)on the condition that this well is operated in accordance with the A&W Water Service,Inc.substitute water supply plan approved by the State Engineer on August 7,2007. This well shall not be operated unless It is included in a substitute water supply plan approved by the Stale Engineer or a plan for augmentation approved by the wafer court. The subject water supply plan Is currently valid through September 30,2007,and if not extended or if a court approved plan for augmentation is not in operation,diversion of ground water from this well must cease immediately. 4) Approved pursuant to CRS 37-90-137(2)for the use of an existing well, In addition to operating under this welt permit the well will operate in accordance with permit no. 13417-R and case no.W-3972. 5) The use of ground water from this well,under this well permit,is limited to industrial and commerical use. The well will operate under permit no. 13417-R for irrigation purposes. 6) The pumping rate of this well,under this permit and permit no. 13417-R,shall not exceed 990 GPM. 7) The annual amount of ground water to be withdrawn by this well,under this permit and permit no. 13417-R, in combination with the well operated under permit nos. 13416-R and 66220-F shall not exceed 650 acre-feet for Industrial,commercial and irrigation uses. 8) The annual amount of ground water to be appropriated shall be limited to the quantity approved under the substitute water supply plan and/or court approved augmentation plan. At the time this permit was approved the well also operated in accordance with the augmentation plan approved for the Central Colorado Water Conservancy District Ground Water Management Subdistrict in case no,2002CW335, 9) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer,and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall not be operated unless included in a court approved plan for augmentation or a substitute water supply plan approved by the State Engineer. 11) This well shall be located at least 600 feet from any existing well,completed in the same aquifer,that is not owned by the applicant except for well no. 82983-A for which the well owner submitted a 600-foot spacing waiver. 12) This well shall be located not more than 200 feet from the location specified on this permit. 13) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes, rules,and regulations. M A V6/07 PPROVED , I JMW4.D401.1.1,"4._ For State Engineer Receipt No.3615196 DATE ISSUED 09-06-2007 EXPIRAT ON DATE • 41111 Form No. GWS-2 NON-EXEMPT 6/2006 STATE OF COLORADO • DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303)866-3581 Fax(303)866-3589 WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90-137(2) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with In order for the permit to remain valid. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT The well permit number is located in the upper right corner of the permit,and the expiration date Is located in the lower right corner. THE WELL PERMIT EXPIRATION DATE IS ONE YEAR FROM THE DATE ISSUED. Evidence of welt construction and pump Installation must be received on appropriate forms PRIOR TO THE EXPIRATION DATE OF THE PERMIT. The required forms are the Well Construction and Test Report (Form No. GWS-31), and the Pump Installation and Test Report (Form No. GWS-32). There are penalties if evidence of well construction and pump installation is not received prior to the expiration date. The licensed contractor or well owner (under the private driller or pump installer statutes and rules) performing the work is responsible for completing the appropriate forms)and submitting it to the Division of Water Resources. The expiration date of the permit may be extended one time only for a period not to exceed one year for good cause shown, at the discretion of the State Engineer. If an extension of time is necessary to construct the wel( and/or install Dumoirxa equipment, the ownermust file a written reouestior the extension. alone with a $60 filing fee. The request and fee must be received by the State Engineer prior to the expiration date. The request must state why the well has not been constructed and/or pumping equipment installed,and must include an estimate of time required to construct the well and/or install pumping equipment. • Water well construction and pump installation contractors are licensed in Colorado to perform these specialized tasks. It is illegal for individuals who do not hold these licenses to construct wells and install pumping equipment In or on wells. The well must be constructed and pumping equipment Installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least one copy of the well permit. Keep a copy for your records. At least one copy has been sent to the well driller if you indicated a driller license number on the application. You may make additional copies for the well driller if you select one different from the one indicated In your application. The original permit is on file in our Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Use Form No. GWS-11. There is no filing fee. If you have questions,contact the Denver Office,or the Division Office In the area where your well is located. Division 1 Division 2 Division 3 Division 4 810 9°1 St.,Ste.200 310 E.Abdendo Ave Ste 6 301 Murphy Drive 1871 East Maln St. Greeley,CO 80631 Pueblo,CO 81004 Alamosa,CO 81101 Montrose,CO 81401 (970)352.8712 (719)542-3368 (719)589-6683 (970)249.66622 Fax(970)392-1816 Fax(7191544-0800 Fax(719)589-6685 Fax(970)249-8728 Division 5 Division 6 Division 7 Denver Office Direct mail to Box 396 Direct mail to Box 773450 701 Camino Del Rio 1313 Sherman St.Rm.818 Glenwood Spgs CO 81602 505 Anglers Dr.Suite 101 Ste.205 Denver,50633 U.S.taw,6 824 Steamboat Spgs,CO 80477 ,CO 80203 Glenwood Spgs.,CO 81601 (970)870.0272 Durango,CO 81301 (303)886-3581 • (970)945-5865 Fax(970)879-1070 (970)247-1845 Fax(303)866-3589 Fax(970)945-8741 Cali First Fax(970)259.0944 � • WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well and/or install pumping equipment yourself if the well is for your own use, is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report (Form No. GWS-31) and/or the Pump Installation and Test Report(Form No. GWS-32). These forms are available from our webslte at the following link: http://www.water.state.co.us/pubs/wellforms.asp, or from any Division of Water Resources office. The well must be constructed and the pumping equipment installed in accordance with the well construction standards of the Board. The WATER WELL CONSTRUCTION RULES and BOARD OF EXAMINERS RULES can be obtained from our website at the following link: http://www.water.state.co.us/pubs/ruie retest), or purchased from any Division of Water Resources office for a small fee. These Rules cover the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. The well construction and pump installation reports including testing of well yields and pumping systems must be submitted to the office of the State Engineer by the respective contractors within sixty(60)days of completion of the work or prior to the expiration date of the permit, whichever is earlier. Your contractor(s) must provide you with a copy of the work report(s)filed with the State Engineer. RULE 12 WELL TESTING 12.1 General -The provisions of this rule establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a stabilized yield for the well;and b. the production rate of the equipment installed when the well Is placed into service. 12.2 Well Yield Test-The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10% during the last hour of the test. The test shall demonstrate that either: • a. the well Is capable of producing the permitted pumping rate for the well;or b. that the maximum yield of the well Is less than the permitted production rate. 12.3 Responsibility for Well Yield Test-Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer Will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. It is the responsibility of the person installing the pumping system to ensure that the production from the well compiles with the conditions of the permit. 12.5 Responsibility for Production Equipment Test - Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the well construction contractor determined the well yield and submitted a report, the pump installer need not perform another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump Installation and Test Report. Wells to be plugged and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, Form No. GWS-9 must be submitted to confirm plugging and sealing of the well. This form is available from our website at the following link: http://www.water.state.co.us/pubs/weilforms.aso, or from any Division of Water Resources office. The specific rules for plugging and sealing wells are found on the reverse side of the Well Abandonment Report • form,or under Rule 16 of the Water Well Construction Rules. • • Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street,Room 818 Phone: 303-866-3581 Denver, Colorado 80203 -Nr OWNER'S NOTICE OF CONSTRUCTED WELL ,j* Construction of my well under Permit No. was completed on (month) (day) (year) The well was constructed by: (drilling contractor) If the pumping equipment has been installed The pump was installed in my well by: _ 4111 (pump contractor) on (month) (day) (year) Signed: Date: 7_Phone.. • The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR PLEASE BE ADVISED that, pursuant to section 37-91-106(3), C.R.S. (2006), any person who intends to construct his/her own well or to install pumping equipment in a well as a "private driller" or "private pump installer" shall be required to comply with minimum construction standards adopted by the Board of Examiners of Water Well Construction and Pump iInstallation Contractors. (See Construction Rules, 2 CCR 402-2.) Purpose of the "Owners Notice of Constructed Well" It is necessary that your well permit remains valid to allow you and future owners of the property to withdraw ground water from the well for use and to have the well worked on by licensed contractors. First and foremost in maintaining your well permit valid and in good standing is the submittal of the Well Construction and Test Report and the Pump Installation and Test Report (work reports) that licensed contractors (or you, if you constructed the well as a"private driller" or installed the pump as a "private pump installer") are required to submit to the Division of Water Resources. Without the submittal of a work report to show that the well was constructed in conformance with the Water Well Construction Rules and that it is in compliance with the conditions of approval of the well permit, the permit will expire on the expiration date indicated on the permit. Reinstatement of your permit after it has expired or obtaining a new permit for your well may require that you show that the well was constructed • by a licensed water well construction contractor (or private driller) and that it meets the required standards of the Water Well Construction Rules. It is much easier and efficient to maintain the valid status of your original well permit than it is to try to have it reinstated after it has expired or to obtain a new permit for the existing structure. Because it is not always easy to confirm that the required reports have been submitted to DWR, this "Owner's Notice of Constructed Well" is provided for your use. Do not give the notice to your contractor to submit. The notice is to be completed by you and mailed or faxed to the Division of Water Resources so that the Division is advised that your well has been constructed. If the required work reports are not then filed within a reasonable period of time, the Board of Examiners can initiate its procedures for obtaining the reports and thereby assist you in keeping your well permit valid. • • •4 O4 COO DEPARTMENT OF NATURAL RESOURCES yQ o DIVISION OF WATER RESOURCES * A t r� Bill Ritter,Jr. �"1876 Governor Harris D.Sherman April 14, 2008 Executive Director Dick Wolfe,P.E. Director Ms. Kelly Custer, Esq. Lind, Lawrence&Ottenhoff LLP 355 Eastman Park Dr., Suite 200 Windsor, CO 80550 Re: 2008/2009 Substitute Water Supply Plan for A&W Water Service,Inc. Case no. 2005CW40 Section 1,T114, R67W,6th P.M. Water Division 1, Water District 2 Approval Period: April 1, 2008 through March 31, 2009 Contact Phone Number for Ms. Kelly Custer. 970-674-9888 Contact Phone Number for Ms. Rachel!Cullman: 970-223-3763 • Dear Ms. Custer: We have reviewed your letter dated December 26, 2007 in which you request approval of a Substitute Water Supply Plan ("SWSP")for A&W Water Service, Inc. ("A&W"or "Applicant"), pursuant to C.R.S. 37-92-308(4). A&W has filed an application for a plan for augmentation in the Division 1 Water Court in case no. 2005CW040. The SWSP references the application and A&W has provided notice of the requested SWSP to all council of record for case no. 2005CW40. That notice was mailed on December 26, 2007. The State Engineer's Office ("SET)received responses from the City of Boulder and Centennial Water and Sanitation District and those responses have been considered in the approval of this SWSP. The $300-dollar fee has been received (receipt no. 3624401). The A&W SWSP was originally approved on April 1, 2005 and this plan seeks to extend the plan past three years from that original date of approval. Pursuant to C.R.S. 37- 92-308(4)(b), "if an applicant requests a renewal of a plan that would extend the plan past three years from the initial date of approval, the applicant shall demonstrate to the state engineer that the delay in obtaining a water court decree is justifiable and that not being able to continue operating under a substitute water supply plan, until a decree is entered,will cause undue hardship to the applicant° According to the applicant, case no. 2005CW40 has been set for trial in December 2009. In addition,A&W states that they rely on well pumping for their business and if they are not allowed to continue operating under SWSPs until a decree is obtained they will experience undo hardship in the form of a loss of their livelihood. Based on this information it was determined that A&W has satisfied C.R.S. 37-92-308(4)(b). • Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581•Fax:303-866-3589 www.waterstate.co.us • • Ms. Kelly Custer, Esq. April 14, 2008 • Page 2 SWSP Operations The objective of the SWSP is to make replacements for out-of-priority depletions from the pumping of the wells listed in the table below: Permit Nos. Name WDID Original Decree 13416-R and 66220-F Farr Well 13416-R 0206124 W-3972 13417-R and 66221-F Farr Well 13417-R 0206115 W-3972 61793-F A&W Water Well 0205327 W-1893 The court application also included the Fort Lupton Canning Well No. 1, described below. According to the SWSP request the well is used for drinking and sanitary purposes only and the Applicant has obtained an exempt well permit for that use under G.R.S. 37-92- 602(5). Since the well is permitted as exempt there is no requirement to augment depletions from future pumping of the well, as long as the well is operated in accordance with the terms and conditions of the well permit. Depletions from past operation of the well were fully replaced under the 2007 SWSP. Permit No. Name WDID Original Decree 273809 Fort Lupton Canning Well No. 1 0206246 W-1598 In addition to providing replacement water,this SWSP also seeks changes in water • rights for Farr wells 13416-R and 13417-R(previous decree W-3972)to add commercial and industrial use to their decreed irrigation use. Permit nos. 13416-R and 13417-R were issued for irrigation use on October 2, 1959 and the wells were decreed for irrigation use in case no. W-3972. The Applicant obtained well permit nos. 66220-F and 66221-F, respectively, to operate the wells for industrial and commercial use pursuant to C.R.S. §37-90-137(2). The third well to be augmented is the A&W Water Well permit no. 61793-F, decreed in Case Nos.W-1893, 81CW192, and 03CW416 for commercial and industrial uses. The Applicant has applied to change 25 shares of the Farmers Independent Ditch ("FIDCO")water rights to include augmentation, replacement, exchange, and recharge. These uses are in addition to the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. For augmentation purposes the water may be delivered to the Farr recharge pond located on the Farr Farm (a.k.a.A&W Recharge Project) or delivered directly to the South Platte River via the FIDCO upper augmentation station. For this plan period the applicant will deliver the 25 FIDCO shares to the Farr recharge pond. The Applicant filed a second amended application with the water court, under case no. 2005CW40, on March 31, 2006 to change 20 shares of Lupton Meadows Ditch Company water rights to include augmentation, replacement, exchange, and recharge into the recharge structure described as the Wright Recharge Project. For augmentation purposes the water may be delivered to Wright recharge basin or delivered directly to the South Platte River via an augmentation station on the Lupton Bottom Ditch. For this plan period the applicant will deliver the 20 Lupton Meadows Ditch Company shares to the Wright Recharge Pond. • • • Ms. Kelly Custer, Esq. April 14, 2008 • Page 3 In summary, for the purposes of this SWSP, according to the accounting that Ms. Kullman provided, the water rights to be used for augmentation include: 1. 25 shares of Farmers Independent Ditch (Recharge, Farr Recharge Pond (a.k.a. A&W Recharge Project)) 2. 20 shares of Lupton Meadows (Recharge, Wright Recharge Project) 3. City of Longmont and City of Aurora fully consumable effluent 4. Recharge credits from junior recharge into the A&W and Wright recharge project 5. Recharge credits from the Central/FIDCO recharge project described in case no. 85CW370 The Applicant is also seeking an exchange at such times water is delivered to the South Platte River pursuant to this SWSP in excess of the replacement requirements of this SWSP. The water will be substituted and exchanged for water diverted at the headgates of the Lupton Bottom, Farmers Independent, and Platteville Ditches. The exchange will operate at such times when no water rights located between the point of delivery to the South Platte River and the point of diversion will be materially injured by the exchange. The amount claimed is 10 cfs with a February 28, 2005 date of initiation of appropriation. The claimed uses are augmentation, replacement, aquifer recharge, and exchange. Depletions Well 61793-F is permitted and decreed for 252 acre-feet of annual withdrawal. This • well is a member of the Central Colorado Water Conservancy District Well Augmentation Subdistrict("Central WAS"). For projection purposes the Applicant assumed that no replacement water would be provided by Central WAS during this plan period for augmentation of depletions from past or proposed pumping of the well. According to the accounting,the projected pumping for this plan period will be 150 acre-feet from well 61793-F, 300 acre-feet from well 13416-R and 300 acre-feet from well 13417-ft Historical pumping for Well 61793-F from 1969 through 1996 is based on information from Don Wright of A&W. Pumping from 1997 through January 2003 is based on power meter records. Pumping from February 2003 through March 2008 is based on direct readings from the flow meter. This SWSP only replaces depletions from the"Farr Wells" (13416-R and 13417-R)that result from pumping during the period of March 2005 through March 2008. According to the applicant all lagged depletions that will accrue to the river during this plan period that result from pumping of the wells prior to 2004 are covered 100 percent by the Central Colorado Water Conservancy District Ground Water Management Subdistrict augmentation plan granted in case no. 2002CW335. Therefore,the applicant is not replacing those lagged depletions under this plan. All pumping from the wells is considered to be 100 percent consumptive. Lagged depletions from the wells were determined based on the Glover Method and the aquifer parameters shown below: • • • Ms. Kelly Custer, Esq. April 14, 2006 • Page 4 Name Distance Aquifer Transmissivity Specific to River Boundary to (gpd/it) yield (ft) River(ft) Farr Well 13416-R 10,200 18,223 190,000 0.2 Farr Well 13417-R 10,200 18,223 190,000 0.2 A&W Water Well 2,211 5,974 59,909 0.2 Replacements Replacement supplies for the proposed SWSP include the recharge of 25 shares of Farmers Independent Ditch Company("FIDCO")water rights into the Farr Recharge pond, recharge of 20 shares of Lupton Meadows ("LMDC") into the Wright Recharge Pond, leased fully consumable water from the City of Longmont and the City of Aurora, recharge credits from junior recharge into the Farr and Wright Recharge ponds, and recharge credits generated by Central's FIDCO recharge project described in case no. 85CW370. The City of Aurora has entered into a three year lease agreement with the Applicant for 160 acre-feet of fully consumable wastewater return flows per year. Such water shall be released at either the outfall of the Metro Wastewater Reclamation District treatment facility ("Metro")or the confluence of Sand Creek and the South Platte River. The Applicant has accounted for a transit loss of 12% in the SWSP(0.05% per mile loss for the 24 miles between Metro and the point of depletion). • The City of Longmont has entered into a long term lease with the Applicant which will provide 180 acre-feet of fully consumable water, at a rate of 15 AF per month, during this plan period. Such water shall be released at the outfall of Longmont's municipal wastewater treatment plan, presently located in the SE1/4, NW1/4, Section 11, T2N, R69W,6°' P.M., or the confluence of Spring Gulch and Saint Vrain Creek, located in the SE1/4, Section 7,T2N, R68W, 6i' P.M.. The Applicant has accounted for a transit loss of 10.5% in the SWSP(0.05% per mile loss for the 21 miles between the wastewater treatment plant and the point of depletion). The consumptive use of the water rights was determined by a historical use analysis, using diversion data and a water budget. The historical consumptive use of the shares is as follows: Water Right Historical CU 25 shares of Farmers Independent Ditch 227.1 acre-feet 20 shares of Lupton Meadows 21.6 acre-feet The Maximum Monthly headgate diversion limit for the 20 shares of LMDC and 25 shares of FIDCO are shown on the attached tables 9 and 19. In addition,A&W proposes to not exceed a Maximum Annual headgate diversion of 42.7 acre-feet for the LMDC shares and 512.7 acre-feet for the 25 FIDCO shares. From the historical use analysis, the lagged historical return flow pattern was determined, which must be replicated due to the change in use. The return flows will be calculated based on the return flow factors calculated in the historic use analysis and shown • • • Ms. Kelly Custer, Esq. • April 14, 2008 Page 5 on attached tables 9 and 19. The attached accounting spreadsheet shows the return flow obligation of the changed water rights. The following Glover input factors were used to calculate the lagged accretions from the recharge projects: Name Distance to Aquifer Boundary Transmissivity Specific River(ft) to River(ft) (gpdift) yield Farr Recharge pond 10,419 17,237 200,000 412 Wright Recharge Project 9,760 17,043 200,000 0.2 The accounting for recharge includes a reduction due to evaporation from the recharge pond. SWSP Conditions of Approval 1. This SWSP shall be valid for the period of April 1, 2008 through March 31, 2009, unless otherwise revoked, modified, or superceded by decree. The initial date of approval for this SWSP was April 1, 2005. Pursuant to C.R.S. 37-92-308(4)(b), "if an applicant requests a renewal of a plan that would extend the plan past three years from the initial date of approval, the applicant shall demonstrate to the state engineer that the delay in obtaining a water court decree is justifiable and that not being able to continue operating under a substitute water supply plan, until a decree is entered, will . cause undue hardship to the applicant." This information must be submitted with any SWSP request that seeks a plan approval period that would extend beyond April 1, 2008. Additional SWSP's are required until a court decreed plan for augmentation is obtained for the proposed uses. Should an additional SWSP be requested, the provisions of CRS 37-92-308(4)shall apply. The statutory fee of$300 will be required pursuant to CRS 37-92-308(8). Any request for an additional SWSP must be submitted to this office no later than January 1, 2009. 2. Approval of this SWSP is for the purposes stated herein and pumping will be limited to the wells identified in this SWSP approval. Additional wells and/or additional uses for the water that is the subject of this SWSP will be allowed only if a new SWSP is approved for those additional wells/uses and such additional wells/uses are identified in case no. 2005CW040. Should a new SWSP be requested, the provisions of CRS 37-92-308(4)(b)shall apply. The statutory fee of$300 will be required pursuant to CRS 37-92408(8). 3. The wells that are subject of this SWSP are also member wells of the augmentation plan for the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District ("GMS"), decreed in 2002CW335. This SWSP may be operated only if GMS continues to make replacements for all out-of-priority depletions that occur as a result of the wells' pumping that takes place as allowed by the GMS decree. Replacement of all out-of-priority depletions associated with diversions that are in excess of that allowed by the GMS decree will be the sole responsibility of this SWSP. 4. Annual pumping from the wells identified in this plan shall not exceed the amounts shown in attached Table 20. • • Ms. Kelly Custer, Esq. April 14, 2008 • . Page 6 5. Subject to approval by the division engineer, the Applicant may lease or purchase additional replacement water as identified in case no. 2005CW040 and the SWSP request. The Applicant must provide a copy of a lease/purchase agreement to the State Engineer's Office and the division engineer for use of such additional replacement water. 6. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions, replacement sources, and river calls)on a monthly basis. The accounting must be emailed to the water commissioner, Scott.Edoaraistate.co.us and Div1Accountinabstate.co.us within 30 days of the end of the month for which the accounting applies. Accounting and reporting procedures are subject to approval and modification by the division engineer. Accounting forms need to identify the WDID number for each well operating under this SWSP. NOTE: Monthly accounting, even during the winter non-irrigation season, is required. In addition,the applicant shall submit a report from each entity making replacements;for this plan,those entities are the City of Longmont and the City of Aurora. The report shall include an accounting of all wastewater plant water effluent controlled by each entity, showing the total volume of water under its control at the various wastewater treatment plants, and the amount committed to each of the recipients of the water. 7. The Applicant shall follow the recharge, accounting, and exchange protocols as referenced in the attached documents for the operation of this SWSP. • 8. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this SWSP must be provided with the accounting forms to the division engineer and water commissioner. 9. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant shall install and maintain measuring devices as required by the division engineer for operation of this SWSP. 10. Conveyance loss for delivery of augmentation water to the South Platte River is subject to assessment and modification as determined by the division engineer. 11. Replacement water shall be made available to cover all out-of-priority depletions in time, place, and amount and shall be made available under the direction and/or approval of the water commissioner. 12.As records become available(including, but not limited to recharge amounts, ditch diversions, reservoir releases, augmentation well pumping, weather data, etc.),the Applicant shall update the data used to compute monthly well pumping and projected monthly stream depletions for this SWSP. If at any time the projected stream depletions show the Applicant is unable to replace all out-of-priority stream depletions, the Applicant shall notify the division engineer of the projected shortfall and describe how well pumping will be reduced and/or replacements will be increased to ensure all out-of-priority depletions will be replaced. 13. Should an additional SWSP be requested for 2009,the request shall include a 3 year projection of well operations to demonstrate that the Applicant has sufficient replacement supplies to replace all out-of-priority depletions during the projection • period. Additionally, the data files used (for input into AWAS, SDFView, etc.)to make the projection shall be provided with the request for an additional SWSP. • Ms. Kelly Custer, Esq. April 14, 2008 • Page 7 14. If any well in this SWSP causes depletions that affect a senior surface water right at a location where this SWSP cannot provide replacement water, the well is subject to curtailment until arrangements are made to provide replacement water at a point which will preclude injury to the calling senior surface water right. Well owners are responsible for providing replacement water in time, location, and amount to offset all out-of-priority depletions. 15.The Applicant shall perform an Inspection and provide verification for all parcels of dried up land used to generate augmentation credits during the term of this SWSP. The final verification of dry up will be in the form of an affidavit signed by an individual having personal knowledge of the dry up for the entire irrigation season for each parcel of land used in this SWSP. The Applicant shall provide all affidavit(s)to the division engineer by November 15, 2008 in order that the final determination of augmentation credits for the irrigation season can be made along with mapping showing any revisions to the dry up acreage. The Applicant shall modify accounting to reflect that the credit from any dried-up fields containing alfalfa or native grass was assessed in the following manner (a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass, 100%credit will be given for consumptive use as otherwise computed under the conditions of this approval. (b) For fields not deep tilled or chemically treated to successfully kill alfalfa or native grass, records of monthly monitoring of depth to ground water at existing irrigation wells or existing or new monitoring wells or piezometers within ''/.-mile • of each alfalfa or native grass field must be maintained. Credits will be reduced according to the following table when depth to ground water is less than the depth assumed to provide no significant contribution to native grass or alfalfa growth. Measurements taken at the start of each month will determine the necessary reduction in credit to be applied during the following month. The applicant may use another methodology upon review and approval by the State Engineer and Division Engineer. Depth to Ground Percent Reduction in CU Credit' Water(Feet) Native Grass Alfalfa 1 85% 100% 2 50% 90% 3 30% 75% 4 20% 50% 5 15% 35% 6 10% 20% 7 5% 15% 8 0% 10% 1.Adapted from EVAPOTRANSPIRA77ONAND AGRONOMIC RESPONSES/N FORMERLY IRRIGATED MOUNTAIN MEADOWS, South Park, Colorado,March 1,1990; Revised September 1, 1991 16.This SWSP may be revoked or modified at any time should it be determined that injury to other vested water rights has occurred or will occur as a result of the operation of • this SWSP. Should this SWSP expire without renewal or be revoked prior to Ms. Kelly Custer, Esq. April 14, 2008 • Page 8 adjudication of a permanent plan for augmentation, all use of water under this SWSP must cease immediately. 17.The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in the pending water court case or any other legal action that may be initiated concerning the SWSP. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other SWSP or in any proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Any appeal of a decision made by the state engineer concerning a SWSP pursuant to C.R.S. §37-92-308(4) shall be to the Division 1 water judge within thirty days of the date of this decision and shall be consolidated with the application for approval of the plan for augmentation. Should you have any comments or questions, please contact Scott Cuthbertson, Assistant Division Engineer in Greeley at 970-352-8712 or Joanna Williams in this office. Sincerely, eat-fly • Kevin G. Rein, P.E. Chief of Water Supply • Attachments Tables 9, 19 and 20 Accounting, recharge, and exchange Protocols Cc: Scott Cuthbertson, Assistant Division Engineer, Div1AccountinaOstate.co.us Scott Edgar, District 2 Water Commissioner, Scott.Edaar@kstate.co.us Counsel of Record, 2005CW040 KGR/JMW • . RECHARGE PROTOCOL Division of Water Resources Division One—South Platte River 1. The purpose of a'recharge structure"as referenced in this document is to introduce water to the river alluvium that will result in accretions to a live stream. For the purposes of this document, a recharge structure does not include a well that is used to artificially recharge a Denver Basin bedrock aquifer. With that qualification,a recharge structure is defined as: a. A section of ditch,the losses from which can be reasonably modeled as a single source of water. • b. A pond or group of ponds that receive water from the same delivery location and can be reasonably modeled as a single source of water. 2. A written notification for each recharge structure must be provided to the water commissioner and division engineer. The Division of Water Resources will not acknowledge any recharge activity conducted without the knowledge of the water commissioner. The notification must include: a. a map showing the location of the structure and the court case number of the plan for augmentation authorized to use the structure; b. a map showing the location of the diversion point and the court case number for the decree authorizing the diversion; c. a map showing the location of and all information for the metering location; • d. the maximum water surface area of the structure; e. for ditch structures, if the ditch is divided Into more than one recharge reach, an explanation of how the volume diverted will be allocated to the various sections. 3. Upon receiving written notification or decree by the Water Court,the Division of Water Resources will assign the structure a WDID number. The WDID number is the identification number that will be used for the administration of the structure and must be included in all correspondence and accounting reports. (For structures that were included In a decreed plan for augmentation but were not physically constructed at the time of the decree,a written notification of the Intent to construct the structure must be provided.) 4. Any structure that intercepts groundwater must be permitted as a well and included in a plan for augmentation or substitute water supply plan approved by the State Engineer. The Division of Water Resources strongly recommends avoiding recharge structures that intercept groundwater, in order to simplify the accounting process. 5. The flow into EVERY recharge structure MUST be metered and equipped with a continuous flow recorder unless the water commissioner in conjunction with the division engineer determines adequate records may be kept without such equipment. If the recharge structure is designed to discharge water via a surface outlet, such discharge must also be metered and equipped with a continuous flow recorder. The water commissioner MUST approve the use of the recharge structure BEFORE the Division of Water Resources will acknowledge any recharge credit to the structure. • Recharge Protocol Revised March 1,2007 • • 6. All recharge ponds must have a staff gauge installed such that the gauge registers the lowest water level in the pond. The staff gauge must be readable from a readily accessible location adjacent to the pond. 7. All recharge areas must be maintained in such a way as to minimize consumptive use of the water by vegetation. No recharge area may be used for the planting of crops during the same irrigation year that it is used as a recharge site without prior approval from the Water Commissioner or Division Engineer. 8. The amount of water recharged to the alluvial aquifer is to be determined by measuring the amount of water delivered to the recharge structure and subtracting: a. the amount of water discharged from the recharge structure, b. the amount of water lost to evaporation(see item 9, below), c. the amount of water lost to consumptive use due to vegetation located within the recharge structure, and d. the amount of water retained in the recharge structure that has not yet percolated into the ground. 9. Net evaporative losses from the recharge structure must be subtracted from the volume of water delivered to the pond. Evaporative losses must be taken every day the pond has a visible water level. If the pond does not have a stage-surface area curve approved by the water commissioner, the maximum surface area of the pond must be used to determine the evaporative losses. Monthly loss factors prorated for the number of days the pond had a visible water level may be used • as may real time evaporation data from NOAA or a local weather station. If the pond is not inspected on a routine basis through the month, no prorating of monthly factors will be allowed. 10.The amount of accretions from the recharge structure will be credited only in accordance with a decreed plan of augmentation or substitute water supply plan approved by the State Engineer. 11.All water delivered for recharge must be fully consumable: a. changed reservoir rights or the CU portion of changed senior ditch rights; b. transbasin water that has been imported into the South Platte River basin; c. nontributary water; d. water diverted In priority.after"notice"of intent to fully consume the water; e. water diverted under free river. 12.Water may be delivered to recharge only if the net impact of the associated plan for augmentation is not negative. Water must first be delivered or exchanged to offset negative impacts of the plan for augmentation before it may be diverted for recharge. 13.Accounting must be performed on a daffy basis with reports submitted at least monthly and within 30 days of the end of the month for which the accounting is being made. The volume of water diverted Into recharge must be provided to the Water Commissioner weekly when requested to do so by the Water Commissioner. • Recharge Protocol Revised March 1.2007 • • • ADMINSTRATION GUIDELINE Augmentation Plan Exchanges Division One— Greeley Many of the plans for augmentation operating along the South Platte River include recharge operations where fully consumable water is placed in recharge sites and then timed back to the river. Some plans include decreed exchanges whereby excess return flows may be exchanged back up to a headgate or well and re-diverted. This document provides a guideline for administering such exchanges. It may also be used as a general guideline for the administration of all exchanges on the South Platte River, however,is specifically designed to address exchanges associated with plans for augmentation. This guideline is subordinate to any decreed language addressing specific exchange operations. River condition below the exchanoe: No Call or Free River No exchange may operate unless: Fl.The water commissioner has been given at least 48 hours advance notice of the intent to operate the exchange. F2.The water commissioner determines there is sufficient exchange potential to operate the exchange. F3.The water commissioner has current accounting and is able to verify that there ere excess return flows reporting to the river. • River condition below the exchange:Storage Call In addition to the requirements in Fl thru F3, above, no exchange may operate unless: St.The water commissioner determines that the exchange can be operated without injuring water rights that are senior to the exchange. S2.The storage-season-to-date' (November 1 to the day the return flows report to the river) net impact of the augmentation plan operation on the river is not negative; or, in the opinion of the water commissioner,there is a reasonable expectation the impact will be non-negative by the start of the irrigation season (typically,April 1). S3.The timing of the exchange is limited to the day the excess return flow reports to the river unless the water commissioner agrees that return flows can be consolidated such that a larger diversion over a shorter period of time is made without injuring the calling or other senior water rights. If an aggregated diversion is allowed,the volume of the aggregated diversion cannot exceed the volume of excess return flow reporting to the river during the month the exchange takes place; i.e. excess return flow credits may not be carried over from one month to the next. • Administration Guideline-Augmentation Plan Exchanges Revised January 31,2007 • • . River condition below the exchange: Direct Flow Call In addition to the requirements in Fl thru F3, above, no exchange may operate unless: D1.The water commissioner determines that the exchange can be operated without injuring water rights that are senior to the exchange. D2,The irrigation-season-to-date' (April 1 to the day the return flows report to the river) net impact of the augmentation plan operation on the river is not negative. D3.The timing of the exchange is limited to the day the excess return flow reports to the river. Excess return flows occurring over multiple days may not be aggregated into a single exchange and diversion. The expectation regarding the time period during which the net Impact analysis is made is that storage season deficits are reconciled before the start of the Irrigation season. Plans that do not reconcile storage season deficits may not be allowed to make additional out-of-priority diversions or exchanges until such time as the deficits are made up. • • Administration Guideline-Augmentation Plan Exchanges Revised January 31, 2007 • AUGMENTATION PLAN ACCOUNTING PROTOCOL Division of Water Resources Division One — Greeley This document addresses the accounting information and format that should be followed for water court approved augmentation plans. Decreed augmentation plan requirements take precedence in the event of a conflict between the requirements in the decree and this protocol. 1. The accounting must be done using software such as Excel or Access, preferably Excel. During the initial review of the accounting and/or when requested, the applicant will be required to submit the actual Excel file used to perform the accounting so that data relationships and formulas can be confirmed. 2. Accounting for wells that are decreed as alternate points of diversion to a surface water right must be done on a daily basis in order to substantiate when the well is in or out of priority. For the purposes of augmentation plan accounting only, the daily in priority alternate point well diversions may simply be shown as zero. The remaining out of priority daily diversions should then be used to determine the delayed depletions associated with the well operation. 3. Accounting for wells that are not alternate points of diversion to a surface water right may be done on either a daily or monthly basis. If the monthly basis is used, the volume of water diverted for the entire month should be prorated to the • number of days in the month and shown as equal daily diversions. 4. Accounting reports must be submitted electronically to the division engineer at DivlAccountina@state.co.us within 30 days of the end of the month for which the accounting is being submitted. 5. Please use the following naming convention for all files submitted pursuant to item 4: "PlanName Month Year Version". As an example,the initial submission for the XYZ augmentation plan for July 2004 would be named"XYZ July 2004 v1.xls". If this accounting is then amended, the amended file submitted would be named "XYZ July 2004 v2.xls", etc. Please put the name of the file in the subject line of the email. 6. All diversion information for both wells and recharge structures must be reported using the WDID for the structure, at a minimum. Other information such as well name, permit number, etc. can also be included based on the reporter's preference as a cross check to the WDID All wells must be either decreed by the Water Court or permitted by the Division of Water Resources. Unregistered wells for which there is no decree cannot, in the opinion of the Division Engineer, be effectively administered because of the need to know the location, allowable diversion rate and use of the well; information that is only available from the decree or permitting process. 7. The accounting should have a single "Contact Information" sheet that shows the contact information for each well. This sheet should also contain the contact information of the person responsible for submittina the accounting. 8. The accounting should have a single table showing "Past Pumping Depletions" • expected due to previous operations of all the wells covered by the plan, itemized by well. Augmentation Plan Accounting Protocol-Revised February 2, 2007 • • • • 9. All well diversions should be input into a single "Pumping Information" worksheet. The sheet should show the volume diverted from each well and the amount of that diversion made as an APOD on a daily basis. The resulting non- APOD diversion volume in the "Pumping Information"worksheet should be the source of pumping information for all other worksheets that use that data such as the depletion modeling input table, any summary of operations sheet, etc. The "Pumping Information"worksheet is the ONLY place new well diversion data Is input Into the accounting. 10.All "Recharge Information" input data should be entered on a single worksheet and broken down to show the resulting credit to each well. 11.A single"Reservoir Releases" sheet should show the releases made and the credit attributable to each well. Data such as transit losses, reservoir share yield, etc.should be shown for the current month. The accounting must be able to adjust factors such as share yield and transit loss on a month-by-month basis and must not simply rely on the initial beginning of season yield estimate, etc. 12. If there are other categories of replacement water used in the plan such as "Fully Consumable Effluent", "Changed Irrigation Right Credits" "Ditch Bypass Credits", "Augmentation Wells", etc., each of these categories should have a single data input sheet that breaks the information down to show the credit due each well as a result of the subject replacement water. (In the specific case of the augmentation wells, the input volume would simply reference the "Pumping Information" sheet,which is to be the sole source of well diversion • data.) 13.A"Summary Information" sheet should show the depletions, associated credits and net impact on the river of each well for the subject month. Wells with depletions that impact the same location of the river may be grouped with accounting submitted for the entire group. For instance, accounting may be submitted on a farm by farm basis,etc.,with the provision discussed above regarding alternate points of diversion wells. 14.The accounting should contain any other sheet necessary to show how the input data are used to determine the depletions and recharge credits for each well, such as AWAS/SDF program input table and output table, etc. S Augmentation Plan Accounting Protocol- Revised February 2, 2007 r • • • - • Updated 4/2/08 Table No.9 A&W Water Service Diversion Limits and Return Flow Factors for 20 shares LMDC rfil �I i. $$1��fir] " rt 11��f} .2a s..O -H� =3"Y�e e *ail • �E-.. =x _ #'I Jan 0.00 0.0350 Feb 0.00 0.0299 Mar 0.77 0.0271 Apr 4.31 0.6007 May 9.86 0.1903 Jun 13.54 0.1531 Jul 12.41 0.1460 Aug 11.72 0.1902 Sep 6.38 0.3467 Oct 5.49 0.8726 Nov 1.48 0.0380 Dec 0.00 0.0382 • Notes: Annual maximum delivery(5-year rolling average)=42.7 ac-ft for 20 shares Return flow obligations=monthly return flow factor x annual farm headgate delivery April-October=monthly farm headgate delivery x monthly return flow factor November-March=total Irrigation season delivery x monthly return flow factor clearWATERsolutions nt. rtpLb•plennlnt.ehtlJUMrtnp • • • Updated 4/2/08 Table No.19 A&W Water Service Diversion Limits and Return Flow Factors for 25 shares of FIDCO tit lI 3 d[1:47 lik'sIH�1� JlL im Yp F y '11: 47•-t Jan 0 0.0359 Feb 0 0.0323 Mar 7.67 0.0326 Apr 44.16 0.9108 May 95.07 0.2704 Jun 161.55 0.1542 Jul 165.59 0.1224 Aug 153.64 0.1341 Sep 88.89 0.2398 Oct 64.67 0.9018 Nov 16.50 0.0349 0 0.0367 • Notes: Annual maximum delivery(5-year rolling average)=512.7 ac-ft for 25 shares Return flow obligations=monthly return flow factor x annual farm headgate delivery April-October=monthly farm headgate delivery x monthly return flow factor November-March=total irrigation season delivery x monthly return flow factor dearWATERsolufions ..w.yeu•M..ey•.Minn,ip • • Updated 41208 Revised Table Na 20 MW Water SorMce Projected Pleat Operation-20088W8P ID =tut;In acre-Meg Mr-08 Jun-08 Jut46 j Aug-08 Oct-08 Nov-08 Deo0st Jan-00 Fob-09 Mr W•00 To F Bateman Well (1) Tad pumping-well 61793-F(WDID:2-6327) 12.5 12.5 12.5 126 12.5 126 12.6 12.6 125 126 126 12.5 150.0 (2) Depletions frau Bateman Well 136 139 13.1 185 13.3 120 19.2 12.7 13.1 13.1 119 13.2 157.5 Farr Farms Wells (a) TOW palpIlg•well 6623W(WDID:2-6124) 25.0 25.0 269 26.0 26.0 25.0 25.0 25.0 260 25.0 25.0 25.0 3000 (4) Total pumping•wall 68221-F(WDID:2-6115) 25.0 26.0 259 250 269 25.0 25.0 25.0 25.0 250 25.0 25.0 3000 (5) Depletions San Farr Wells 12.5 13.7 14.2 156 17.0 176 19.3 192 212 223 20.0 23.9 218.8 1 s • 25 Shares FIDC0 .- .� �• -. v •• (6) Total Farm Hoadpat.Deliveries 127 426 709 50.8 89.1 61.0 14.9 02 0.0 0.0 0.0 06 376.8 (1) Estimated Evaporation 0.8 2.8 42 5.6 52 11 0.9 0.0 0.0 0.0 0.0 0.0 21S (8) Lapped Residual Recharge Credit-25 shams FIDC0 21.6 21.3 81.1 21.1 227 242 272 27.8 28.7 27.8 24.0 253 2916 (9) Return flow c011gatbns.25 dares F1000 11.6 11.5 10.9 11.6 119 122 13.5 13.1 13.8 13.5 121 12.2 147.9 (10) Net Recharge Cruet-25 slaves FIDCO 10.0 9.7 9.1 95 10.7 11.9 139 14.7 15.0 14.5 11.9 13.1 144.0 Junior Rectums Aeaellons at River (11) Net RechargeCredit•MW Junior Water Muhl 4.1 4.0 3.7 3.8 3.5 3.2 32 3.0 3.0 29 2.5 2.7 39.3 0 Aimee LMDC 20 Shwas LMDC (12) Total Farm Noadgata Deliveries 19 62 7.0 9.0 7.8 4.5 1.8 0.1 0.0 0.0 0.0 0.1 87.0 (13) Argualaa Farm Heazdelldvedee(loss 83%surcharge) L1 96 4.7 66 62 3.0 1.2 0.0 0.0 0.0 0.0 0.1 24.8 (14) Estimated Evaporation 0.1 02 03 0.4 0.4 0.2 0.1 0.0 0.0 0.0 0.0 0.0 1.7 (15) Legged Residual Radeuge treat-20 shwas LMDC 1.1 1.4 1.9 20 3.1 3.1 28 2.1 1.7 14 1.1 1.1 236 (16) Rotten Wow O0Rpations-20 Awes LUDO 1.0 1.0 1.1 12 1.5 1.5 1.6 1.4 1.4 13 1.1 1.0 152 Junior Recharge Accretion*et River (17) yyNet Recharge Credit-MW Junior Water Right 0.0 0.0 59 0.0 0.0 0.0 0.0 �r0.0 �y 0.0 0.0 0.0 0.0 0.0 Y.r.ffei ilif ' 51Rt4M31L6 BR Rff 1nsI8.Yi�TYg�"YMT`�,'Saty tra,. a (18) CONGO MW Recharge Pond 13 1.2 1.1 1.0 1.0 0.9 0.9 0.8 0.8 0.7 0.7 0.7 11.0 ttriFva%0 4!T- i. sF;. - ^1`a l • Y .. City o/Amore (19) Releases 14.5 14.5 13.0 132 19.0 13.0 13.0 125 139 13.6 125 14.0 160.0 (20) llama Loaves 1.7 1.7 1.6 1.6 1.8 1.6 1.6 1.6 16 1.0 1.5 1.7 192 (21) Net Credit to River 12.8 129 11A 114 11.4 114 114 11.0 11.9 119 11.0 12.3 140.8 City Cl Longmont (22) Releases 15.0 159 15.0 15.0 15.0 150 15.0 15.0 15.0 15.0 15.0 15.0 180.0 (23) Transit Losses 1.6 1.6 1.6 16 1.6 1.6 1.8 1.8 1.6 1.8 1.8 1.6 18.9 (24) Net Credit to River 13.4 134 13.4 13.4 13.4 13.4 13.4 194 134 13A 13A 13.4 161.1 (25) Net Orgacfebovesl VMS( - 0.1 0.3 . 0.2 06 1.3 1.7 1.0 0.4 0.4 0.2 05 02 66 (25) Neterge:160km%L VM 15.3 139 121 106 10.1 104 10.4 105 9.4 76 85 45 1216 clan rWATERsoiryt Lions Hello