HomeMy WebLinkAbout20060761.tiff WATER ..dPPLY INFORMATION SUMMARY
Section 30.28-133dd1, C.R.S. requires that the applicant submit to the County,'Adequate evidence that a water supply that
is sufficient in terms of quantity. quality and depandabirrty will be available to ensure an adequate supply of water.
1.NAME OF DEVELOPMENT AS PROPOSED Deer Meadows PUD
•
2. LAND USE ACTION Sketch Plan for a Cluster Planned Unit Development
3. NAME OF EXISTING PARCEL AS RECORDED Part of Section 7,Township 6 North, Range 63 West of the 6th PM.,Weld County, Colorado
Wald Ccwnty Assessor Parczi tic• 0299 07 000025 ,
SUBDIVISION FILING BLOCK LOT
4. TOTAL ACREAGE 303,7+/- 5. NUMBER OF LOTS PROPOSED 17 PLAT MAP ENCLOSED -1 YES _ •
6. PARCEL HISTORY • Please at':ach copies of deed,;. plats or other evidence or dcc;:mentation. •
A. Was parcel recorded with county prior to June 1, 1972? 0 YES NO
B. Has the parcel ever been part of a division of land action since June I, 1972? E YES C NO
If yes, describe the previous action ,Land division by right based upon acreage.
7. LOCATION OF PARCEL - Include a map deliniatinq the project area and tie to a section corner.
1/4 OF 114 SECTION 7 TOWNSHIP 6 LI N ❑ S RANGE 63 C E W
PRINCIPAL MERIDIAN: LE 8TH C N.M. 0 UTE 0 COSTILLA Weld County, Colorado
8. PLAT-Location of ail wells on property must be plotted and permit numbers provided.
Surveyors plat C Yes ❑ No If not, scaled hand drawn sketch O Yes O No
ESTIMATED WATER REQUIREMENTS • Gallons ply flay or 1t n her par Year 10. WATER SUPPLY SOURCE In ivi ua e s per u ml i
_..........._..._... ._......_................_...___....... _........... -..._....... ...........__.-....-..-_....._-.Augmerxtatiaa.Pian....See_attached
i
See attached submitted augmentation plan. ❑ EXISTING El DEVELOPED _
WELLS SPRING ,v WELLS •
H.2JaEHCL7 JSE .. of units GPO AF WELL PERMIT E = -
WE� P :iNl �i.iitilE 'nS
���l1; s . cf s.:. �r� New Wells _ ._„.�
7. _-,3
f lE wri Ti�il of acres GED AF
STOCK WATERING # of head GPO AF 0 MUNICIPAL
❑ ASSOCIATION WATER COURT DECREE CASE NO.'S
OTHER - GPO AF ❑ COMPANY D4CW342 Pending
O DISTRICT
TOTAL
GPO AF NAME
LETTER OF COMMITMENT FOR
SERVICE 0 YES ❑ NO
l i. ENGINEER'S WATER SUPPLY REPORT k YES 0 NO IF YES, PLEASE FORWARD WITH THIS FORM. !This may be rowed biter'our review is :ompiaied.
See attached informatioi oa submitted Augmentation Plan.
i2T iFE OF SEWAGE DISPOSAL SYSTEM ---.._...... .»......... .. ... .. .___._. ......._.........._.. _....-... ...-._.... .. ___.............. ...___...........,.............•._
l SEPTIC TANK/LEACH FIELD C CENTRAL SYSTEM • DISTRICT NAME
Li LAGOON 0 VAULT •LOCATION SEWAGE HAULED TO
cNGINEEREO SYSTEM !Much a cloy of snrinesnag design! 0 OTHER
2006-0761
Todd Hodges Todd Hodges Design, LLC
horn: "Lee Morrison"<ImorrisonC@co.weld.co.us>
To: "Sheri Lockman"<slockman@co.weld.co.us>
Cc: "Kim Ogle"<kogle@co.weld.co.us>; "Bruce Barker"<bbarker@co.weld.co.us>; "Todd Hodges
Todd Hodges Design, LLC"<toddhodges@gwest.net>
Sent: Wednesday, May 25, 2005 11:22 AM
Attach: Application 04 12 29.pdf; 05 04 28 Summary of Consultation 05 04 28.pdf
Subject: Location of Wells:Trinity Well Nos. 1-17 and Trinity Non-PotableTrinity Well Nos. 1-17 will be
used for in-house, domestic and
<<Application 04 12 29.pdf>> <<05 04 28 Summary of Consultation
05 04 28.pdf>>
Sheri and Kim
This is "statutory cluster" PUD with individual wells. Attached is
eveidence of water supply. They have applied to the water court and are
in process to otain and plan which they hope to have before completing
your process. They have the option, if the augmentation plan hits a
snag, of obtaining a temporary substitute supply plan which would allow
use until the augmentation plan is approved . They also could seek in
house only use. In any event, the evidence they have submitted should
be adequate to get them up to filing of a final plan. They should be
required to submit either a TSSP or aug plan prior to filing (if they
want to have inhouse only as an option, that should be discussed in
application)
7/19/2005
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
a
Department of Natural Resources c--
1313 Sherman Street, Room 818 August 25, 2005
Denver,Colorado 80203
Phone(303)866-3581 �87e �
. FAX(303)866-3589 E/0.
www.water.state.co.us OU Bill Owens
Governor
Ms. Sheri Lockman 40 l Weld County Planning Department GRFcit 17%4,• E It eeDireector
918 10th Street 40$ �FFi 4epa Hal D.Simpson,P.E.
� �6'�0o F �megt State Engineer
Greeley, Co 80631 �
•
Re: Deer Meadows PUD- Rural Cluster ®f
Case No. PK-1102
Sec. 7, T7N, R63W, 6th P.M.
Water Division 1, Water District 1
Dear Ms. Lockman:
This referral does not appear to qualify as a "subdivision" as defined in Section 30-
28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005
memorandum to county planning directors, this office will only perform a cursory review of
the referral information and provide comments. The comments will not address the
adequacy of the water supply plan for this development or the ability of the water supply
plan to satisfy any County regulations or requirements. In addition, the comments
provided herein cannot be used to guarantee a viable water supply plan or infrastructure,
the issuance of a well permit, or physical availability of water.
The plan provides for the division of 303.7 acres into 17 single-family residential
lots on 87.7 acres, two out-lots of 202.6 acres, and 13.4 acres of road right-of-way. The
above proposal appears to be within the provisions of Section 30-28-403, C.R.S., which
requires that at least two-thirds of the total area of the subject tract to be reserved as open
space (202.4 acres of the 303.7 acres would be required to be reserved as open space).
According to this legislation, if this requirement is met, 17 lots could be developed on the
remaining acreage.
The water supply for this development will be provided by 17 domestic wells
(Trinity Well Nos. 1-17) and 2 irrigation wells (Trinity Non-Potable Well 1 and 2). These
wells are proposed to be operated pursuant to the plan for augmentation pending in
Division 1 Water Court case no. 2004CW342. The amount claimed for Trinity Well Nos. 1-
17 is 15 gallons per minutes. According to the application, water will be used for in-house,
domestic and the irrigation of lawn and garden. The amount claimed for Trinity Non-
Potable Well 1 and 2 is 200 gallons per minute and water from these wells will be used for
irrigation of open space within the development.
The applicant will need to obtain well permits for Trinity Well Nos. 1-17 and Trinity
Non-Potable Well 1 and 2 in accordance with CRS §37-90-137(2). Well permits to supply
this development could not be issued by this office until the water court decrees an
augmentation plan that replaces depletions caused by these wells.
Deer Meadows PUD Page 2
Weld County Planning Department
If you have any question in this matter please contact loana Comaniciu of this
office.
Sincerely, • ' /� _
(fret b
in
Dick Wolfe, P.E.
Assistant State Engineer
Attachment: Subdivision Memorandum
Cc: Jim Hall, Division Engineer
Brent Schantz
DW/IC/Deer Meadows PUD Rural Cluster
STATE OF COLORADO
.R DIVISION ONE
0,.,ICE OF THE STATE ENGINEER
Division of Water Resources '
` `.
Department of Natural Resources
81091"Street,Suite 200
Greeley,Colorado 80631
Phone(970)352-8712
Fax(970)392-1816 •
FBill Owens
Governor
www.water.state.co.us
Russell George
Executive Director
Hal D.Simpson,P.E.
State Engineer
CERTIFICATE OF MAILING R.One Hall,P.E.
Engineer
Case No. 04CW342
e oing
consultation letter by depositing it into the United States mail, postage prepaid, to the applicant or their
attorney listed below:
Hal Simpson, State Engineer P.Andrew Jones .
Division'of Water Resource. Lind, Lawrence&Ottenhoff
1313 Sherman Street Room 818 1011 11th Ave.
Denver, Colorado 80203 Greeley, CO 80631
\\ThsrycDeuuvn
Dawn Ewing x
•
STATE OF COLORADO
WATER DIVISION ONE
OFFICE OF THE STATE ENGINEER
Division of Water Resources ,
Department of Natural Resources '�
810 9'" ' G��Street,Suite 200
Greeley,Colorado 80631
Phone(970)3524712
Fax(970)392-1816 o
G Owens
Governor
htft x/water.state.co.Us/
Russell George
Executive DLecior
A ril 28,2005 Hal D.Simpson,RE.
p State Engineer
James R.Hall,P.E.
DMsion One Engineer
SUMMARY OF CONSULTATION HELD APRIL 25,2005
DECEMBER 2004 RESUME
CASE NO.04CW342,Trinity Properties,LP(Applicant),Weld County
Applicant is seeking an underground water right for seventeen domestic wells and two Irrigation wells located in Section
7,Township 6 North, Range 63 West,6th Principal Meridian. The claimed uses are domestic inside one single-family
dwelling and the irrigation of home gardens and lawns. The claimed amount is 15 gpm,conditional for each of the
' omestic wells and 200 gpm,conditional for the two irrigation wells.
Applicant is also seeking a change of water right for 2 shares of the New Cache la Poudre Irrigating Company and a plan
of augmentation for the nineteen wells.
Please provide a written response to the following concerns to Water Court,P.O.Box 2038,Greeley,Colorado
80632. A RESPONSE TO THIS SUMMARY MUST BE RECEIVED BY THE COURT BY JULY 31,2005 OR YOUR
APPLICATION MAY BE DISMISSED. If there are questions regarding this letter, contact Lori Coulter at
loci.coulter@judicial,state.co.us or telephone number(970)351-7300, Ext.4355.
Regarding the underground water rights:
1. Verify for the Court the location of the wells,including the distance of the well from the section lines.
2. Clarify for the Court the specific uses requested;i.e.number of homes using the well and the irrigated area for
each well.
3. Provide the Court with a Deed substantiating Applicant's ownership of the subject land.
4. These wells do not meet the uses allowed by Section 37-92-602,C.R.S.under which wells are considered
exempt from administration. My decree,therefore,entered should specify that the wells must be operated in
accordance with a Water Court approved plan for augmentation or substitue water supply plan approved
by the Office of the State Engineer and Is ml exempt from administration under the priority system.
5. If not already in place,properly maintained measuring devices,acceptable to the Division Engineer or Water
Commissioner may be required for the administration of this water right.
6. Applicant may be required to report the amounts and dates of water diversion under this right to the local Water
Commissioner on at least an annual basis.
Regarding the change of water rights:
04CW342
April 28,2005
Page 2
7. Provide the Court with evidence of the claimed amount of historic use of Applicant's claimed shares of the water
rights to be changed with"zeros"for years of no use or no irrigation use and no consumptive use credit for any
period the irrigation rights were used for other non-decreed uses.
8. The historically irrigated lands must be dried-up and monumented to the satisfaction of the Division Engineer
before any historic consumptive use credits are available for use.
9. Prove to the Court that the historic diversion and return flow patterns of these water rights will be maintained.
10. Applicant must be placed on strict proof that the proposed change of use will not result in an expansion of use so
as to prevent injury to other water rights in time,location and amount. My such change must be limited to the
historic season of use.
11. Provide the Court with proof that Applicant has permission to use all of the structures referenced in this
application.
12. Provide the Court with the name and address of the owner or owners of all ditches or other structures Applicant
contemplates using.
13. Provide the Court with the name and address of the owner or owners of all the lands involved with or impacted
by the subject water right.
14. If not already in place,properly maintained measuring devices,acceptable to the Division Engineer or Water
Commissioner may be required for the administration of this water right.
15. This water right, if granted,will be subject to administration. As such,Applicant may be required to report the
amounts and dates of water diversion under this right to the local Water Commissioner on at least an annual
basis.
16. Any decree entered should have monthly and annual diversion limits.
Regarding the plan of augmentation:
17. Applicant must prove that the proposed augmentation plan will be sufficient to prevent injury to other water rights
in time,location and amount.
18. Applicant needs to provide a monthly table of diversions,depletions,and replacement water(including transit
losses if needed)to demonstrate that the proposed augmentation plan will be sufficient to prevent injury to other
water rights in time,place and amount.
19. Applicant needs to provide the engineering assumptions used to determine the annual amount of gross water
use,consumptive use,and return flows for applicant's water system.
20. Applicant should be required to provide proposed accounting forms to the Division Engineer and Water
Commissioner which are acceptable to both of them to allow for the proper administration of this plan prior to
receiving a decree in this case.
21. For the proper administration of this plan,the applicant will be required to provide accounting as required by the
Division Engineer. Applicant will also be required to file an annual report with the Division Engineer by November
15th of each year that summarizes diversions,depletions,and replacements made under this plan.
22. Applicant needs to Identify the WDID number assigned by the Division Engineer for each well and recharge site
included in this plan.
23. The following language must be included in any decree:"Pursuant to CRS§37-92-305(8),the state engineer
shall curtail all out-of-priority diversion,the depletions from which are not so replaced to prevent injury to vested
water rights."
24. To ensure that adequate protection is provided to other vested water rights or other conditional water rights,the
court should retain jurisdiction for a period of five years after the augmentation plan becomes operational.
25. Any increased or extended use of a well that occurred on or after May 17, 1965, must operate pursuant to a valid
well permit issued pursuant to CRS§37-90-137(2). Any order directing the State Engineer to issue well permits
must include"pursuant to CRS§37-90-137(2)".
04CW342
April 28,2005
Page 2
SECTION 37-92-302(4), C.R.S. (1973), SIGNED INTO LAW MAY 17, 1988, PROVIDES THAT THE APPLICANT OR
THE APPLICANTS ATTORNEY SHALL MAIL OR DELIVER A COPY OF THIS CONSULTATION TO ALL PARTIES OF
RECORD WHO FILED A STATEMENT OF OPPOSITION TO THIS APPLICATION, IF ANY. THE STATUTE ALSO
REQUIRES THAT THE APPLICANT OR HIS ATTORNEY SHALL FILE A CERTIFICATE OF MAILING WITH THE
WATER CLERK//O OF DIVISION 1 IF THIS SUMMARY OF CONSULTATION IS MAILED TO OPPOSING PARTIES.
ISsr il e4___.„
James R.Hall,P.E.
Division One Engineer
JRH:SCC/scc
'cc: Hal D.Simpson, P.E.,State Engineer
Brent Schantz,Water Commissioner
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.Box 328
GREELEY,COLORADO 80631
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)356-9160
KIM R.LAWRENCE (970)353-2323
P.ANDREW JONES TELECOPIER
(970)356-1111
RICHARD T.LiPUMA
KELLY J.CUSTER �iC�llolaw corn
BRADLEY C.GRASMICK
DAVID P.JONES
CHRYSTEN S.HINZE
November 23, 2005
Anne Best Johnson, AICP
Todd Hodges Design, LLC
Via Email Only fannejohnson@gwest.net]
Re: PK-1102 Deer Meadows
Dear Anne:
This office represents Trinity Properties LP, the applicant in the above referenced
Sketch Plan application. I filed an Application for Approval of Water Rights, Change of
Water Rights and Approval for Plan of Augmentation on Trinity's behalf in Division 1
Water Court on December 29, 2004. I have enclosed a copy of this application for your
review. The successful completion of this application will allow the operation of up to 17
individual wells for in house, domestic and irrigation purposes and 2 larger wells for
greenbelt irrigation purposes. The case remains pending and is currently being set for
trial. I am working towards a negotiated resolution of the case, and am hopeful this can
be achieved in 2006, thereby obviating the need for a trial. However, if a decree has
not been achieved by the time that Trinity is ready to begin construction, I will file a
Substitute Water Supply Plan application under§37-92-308, C.R.S. that, if successful,
will allow construction and operation of the wells pending resolution of the case. In any
event, Trinity owns senior water rights sufficient to support the proposed augmentation
plan, and it is therefore my opinion that the eventual approval of the plan in some form
is very likely, assuming Trinity continues to prosecute the case with diligence.
Please feel free to contact me if you have any questions.
F:\PAJ\Trinity Prop\Corresp\Johnson 051123.doc
Sincerely,
LIND, LAWRENCE & OTTENHOFF LLP
D Y ''oct oy P lodtety J -es
La C
L II LLP
era eaa N caw
tor
R I I - J
Dab'.2004 1 I 232J 11 J]06-WPC'
P. Andrew Jones
PAJ:mt
Enclosure
cc: Ed Flynn
Forrest Leaf
F:\PAATRINITY PROP\CORRESPUGHNSON 051123.DOC
DISTRICT COURT, WATER DIVISION NO. 1, COLORADO
9th Street&9th Avenue
P. O. 2038 r FD.BD Due cut
('(l\\chi('uunh-District('ui.rt 19th.ID
Greeley, CO 80632 Filing Date: Der 29 2004 2:511'VI AISI
Filing ID: .1H58'II4
he ( lett:('unnle S kip pes
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
Trinity Properties, L.P.
IN WELD COUNTY.
ACOURT USE ONLY A
P. Andrew Jones, #29076
Bradley C. Grasmlck, #35055 Case No.
Lind, Lawrence & Ottenhoff LLP
1011 11th Avenue
Greeley, CO 80631
Phone Number (970) 356-9160 Div.: Ctrm:
FAX Number: (970-356-1111
E-mail: paDllolaw.com
APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS AND
APPROVAL OF PLAN FOR AUGMENTATION
I. Name, Address and Telephone Number of Applicant:
Trinity Properties, L.P.
356 Foxenwood Drive
Santa Maria, CA 93455
Telephone: (805) 937-3505
II. Application for New Water Rights:
A. Alluvial Wells:
1. Name of Wells:
a. Trinity Well No. 1
b. Trinity Well No. 2
c. Trinity Well No. 3
d. Trinity Well No. 4
e. Trinity Well No. 5
f. Trinity Well No. 6
g. Trinity Well No. 7
1
h. Trinity Well No. 8
i. Trinity Well No. 9
j. Trinity Well No. 10
k. Trinity Well No. 11
I. Trinity Well No. 12
m. Trinity Well No. 13
n. Trinity Well No. 14
o. Trinity Well No. 15
p. Trinity Well No. 16
q. Trinity Well No. 17
r. Trinity Non-Potable Well No. 1
s. Trinity Non-Potable Well No. 2
2. Location of Wells: Trinity Well Nos. 1-17 and Trinity Non-Potable
Well Nos. 1 and 2 will be located in the SE % of Section 7,
Township 6 North, Range 63 West of the 6th P.M.
3. Source of Water: Alluvium
4. Appropriation Date: December 29, 2004, by filing this application
with the Water Court.
5. Amount claimed: 15 gpm each for Trinity Well Nos. 1-17,
conditional. 200 g.p.m. each for Trinity Non-Potable Well No. 1 and
No. 2, conditional.
6. Use: Trinity Well Nos. 1-17 will be used for in-house, domestic and
the irrigation of lawn and gardens on 17 single family units located
on individual lots in a development in Section 7, Township 6 North,
Range 63 West of the 6th P.M. Trinity Non-Potable Well No. 1 and
No. 2 will be used for the irrigation of open space within the
development in Section 7, Township 6 North, Range 63 West of the
6th P.M.
B. Surface Rights:
1. Name of Structures:
a. Trinity Recharge Basin No. 1
b. Trinity Recharge Basin No. 2
c. Trinity Recharge Basin No. 3
2. Point of Diversion: The headgate of the New Cache la Poudre
Irrigating Canal as described in paragraph IIl.1.c. below.
3. Location of Structures:
2
a. Trinity Recharge Basin No. 1 will be located in the East Half
of the North West Quarter of Section 7, Township 6 North,
Range 63 West of the 6th P.M and will have an estimated
surface area of approximately 9 acres.
b. Trinity Recharge Basin No. 2 will be located in the North Half
of the North East Quarter of Section 7, Township 6 North,
Range 63 West of the 6th P.M and will have an estimated
surface area of approximately 9 acres.
c. Trinity Recharge Basin No. 3 will be located in the East half
of the South West Quarter of Section 7, Township 6 North,
Range 63 West of the 6th P.M. and will have an estimated
surface area of approximately 9 acres.
4. Source: The Cache la Poudre River
5. Appropriation Date: December 29, 2004 by filing this application
with the Water Court, Water Division No. 1.
6. Amount Claimed:
a. Trinity Recharge Basin No. 1: 45.5 acre-feet, conditional
b. Trinity Recharge Basin No. 2: 44.5 acre-feet, conditional
c. Trinity Recharge Basin No. 3: 45.5 acre-feet, conditional
d. Diversion at New Cache Headgate: 20 c.f.s., conditional
7. Use: Trinity Recharge Basin Nos. 1, 2 and 3 will be used for
storage, augmentation, replacement, recharge, piscatorial, and
recreation.
III. Change of Water Right.
A. Water Rights to be changed:
1. 2 Shares of the New Cache la Poudre Irrigating Company
represented by Certificate No. 4501.
2. Previous Decrees:
Priority No. Date of Appropriation Decreed Amount Case No.
37 October 25, 1870 110 cfs 320
44 September 15, 1871 170 cfs 320
72 November 10, 1874 184 cfs 320
83 September 15, 1877 120 cfs 320
May 27, 1974 65 cfs W-8059
3
3. The headgate of the New Cache la Poudre Irrigating Company
Canal is on the north bank of the Cache la Poudre River in the
NE1/4 of the SE1/4 of the SW1/4 of Section 11, Range 6N,
Township 68W of the 6th P.M., Larimer County, Colorado. The 2
shares are adjudicated for irrigation.
4. Historic Use-Location: The 2 shares of the New Cache la Poudre
Irrigating Company have been used to irrigate 116 acres in Section
7, Township 6 North, Range 63 West of the 6th P.M. The lands
formerly served by the 2 shares of New Cache shall no longer be
irrigated by the 2 shares. Irrigation on those lands may still occur to
the extent it is done by the Trinity Wells Nos. 1-17 and/or the Trinity
Non-Potable Wells Nos. 1 and 2 as described above.
5. Historic Use-Average Historical Consumptive Use and Return
Flows: The average historic farm headgate delivery of 2 shares of
New Cache was determined to be approximately 22.80 acre feet
per year based on 15% ditch loss. The average historic
consumptive use of the 2 shares was determined to be
approximately 13.5 acre feet per year. Return flows for the 2
shares accrue to Crow Creek. The average historic return flows for
the 2 shares are approximately 9.2 acre feet per year and are
divided between surface and subsurface return flows.
6. Proposed Change: Applicant seeks to change the use of 2 shares
r` of the New Cache la Poudre Irrigating Company to include storage,
augmentation, replacement, and recharge. Applicant intends to
fully consume the consumable portion of the water, either by first
use, successive use or disposition.
7. Claim for return flows: By filing this application, Applicant
appropriates all return flows associated with the 2 shares with an
appropriation date of December 29, 2004.
IV. Augmentation Plan.
A. Name of Structures to be Augmented: Trinity Well Nos. 1-17 and Trinity
Non-Potable Well No. 1 and No. 2 as previously described in this
Application.
B. Plan for Augmentation:
1. Since the use of these 19 wells as described above are not exempt
as part of the development they will serve, applicant proposes a
plan of augmentation to prevent injury to senior appropriators from
any out-of-priority diversions by the wells.
4
2. Well Depletions. The use of the wells cause the depletion of 13.5
acre feet of water per year based on the on site project demand for
the water for in-house, domestic and lawn and garden and open
space irrigation uses.
3. Recharge Accretions and Augmentation Release. Applicant will
use the 2 shares of New Cache to make direct augmentation
releases back to Crow Creek and for storage in and recharge from
the Trinity Recharge Basins Nos. 1, 2 and 3. The recharge
accretions and augmentation release credits attributed to the 2
shares of New Cache, in acre-feet, will total approximately 22.8
acre feet. In addition, Applicant will use the junior recharge right for
the Trinity Recharge Basins Nos. 1, 2 and 3 to obtain additional
credits to be used as an augmentation supply under the plan
applied for herein.
4. The Net River Impact. The net impact results in no material injury to
senior water rights.
C. Name and Address of Owners of Structures: Applicant owns Trinity Well
Nos. 1-17, the Trinity Non-Potable Well No. 1 and No. 2, Trinity Recharge
Basin No.1, No. 2 and No. 3 and the 2 shares of New Cache. The New
Cache la Poudre Irrigating Company, do Mr. Don Magnusson, 33040
Railroad Avenue, P.O. Box 104, Lucerne, Colorado 80646, owns the New
Cache la Poudre Irrigating Canal. Applicant recognizes its obligation to
obtain the permission of the New Cache la Poudre Irrigating Company to
use the New Cache la Poudre Irrigating Canal.
DATED this 2e day of December, 2004.
LIND, LAWRENCE & OTTENHOFF LLP
a o4wnm,w
ou.mo�.iz a i�as u aroo
P. Andrew Jones, #29076
Bradley C. Grasmick, #35055
Attorneys for Applicant
E-FILED PURSUANT TO RULE 121. DULY SIGNED COPY ON FILE AT THE OFFICES OF LIND.LAWRENCE&OTTENHOFF,LLP
5
STATE OF COLORADO )
ss.
COUNTY OF WELD
Forrest Leaf, being first duly sworn upon oath, deposes and states that he is the Water
Resource Engineer for the Applicant, that he has read the foregoing and that the
contents contained therein are true and co the best of /. i •rmation, knowledge
and belief.
f�I
Forrest A. of
Subscribed and sworn to before me this.21141 day of Dece 2004, by Forrest A.
Leaf.
WITNESS my hand and official seal.
My Commission Expires: 9- a7-07
`:pia
Notary Public
FELLED PURSUANT TO RULE 121. DULY SIGNED COPY ON FILE AT THE OFFICES OF LIND.LAWRENCE&OTTENHOFF.UP( _
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