The URL can be used to link to this page

Browse Search

Home My WebLink About20221217.tiffMEMORANDUM TO: Esther Gesick DATE: April 20, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Water Rights Decree for Hokestra Gravel Pit and Change of Use for Rural Ditch Irrigation Shares Please place the attached water rights decree for the Hokestra Gravel Pit and the associated Change of Use for the Rural Ditch Irrigation Shares on the BOCC Consent Agenda under Communications. The BOCC does not need to sign anything with regards to the decree. The decree is related to the sale of the Hokestra Gravel Pit to Central Colorado Water Conservancy District. In the purchase agreement, Weld County agreed to participate in the water court case to change the Rural Ditch Irrigation Shares from agricultural use to augmentation uses. This decree also needs to be sent to the Clerk and Recorder for recording. Once it has been recorded, please return a copy of the document to me. CORtJ Un:Co.i;o(LS O5/O2/22 cc :pc..) (cK) 5/27/x..2 2022-1217 E&OO O DATE DISTRICT COURT, WATER DIVISION 1, COLORADOcAsE 901 & 9th Street P. O. Box 2038 Greeley, CO 80631 FILED. Apia 13, 2022 11.05 AM NUMBER: 2017CW3202 ♦ COURT USE ONLY • Case No.: 17CW3202 Division 4 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD; and GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT IN BOULDER and WELD COUNTIES. CORRECTED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE OF THE WATER COURT This claim having been filed with the Water Clerk, Water Division No. 1, on December 22, 2017, as corrected on January 4, 2018 and all matters contained in the Application having been reviewed, and testimony and evidence having been taken as necessary, the Water Court hereby enters the following Findings of Fact, Conclusions of Law, and Decree of the Water Court. FINDINGS OF FACT 1. Names and Addresses of Applicants: 1.1. The Board of County Commissioners of the County of Weld, State of Colorado, ("Weld County"), 915 10th Street, P.O. Box 758, Greeley, CO 80632, and 1.2. The Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, ("GMS"), 3209 West 28th Street, Greeley, CO 80634. 2. All notices of this matter required by law have been fulfilled and the Court has jurisdiction over the subject matter of this application and over all persons and property affected by it, irrespective of whether they or its owners have appeared. 4830414 Pages: 1 of 29 05/28/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County CO I IAW 11111 Case No. 17CW3202 Page 2 of 23 3. Statements of opposition were filed by the: Godding Ditch Company, Last Chance Ditch Company, Rural Ditch Company, City of Longmont, Dream Weaver Holdings, LLC, Water Users of District No. 6, Public Service Company of Colorado, Centennial Water and Sanitation District, Bijou Irrigation Company, Bijou Irrigation District, the State Engineer and Division Engineer for Water Division 1, Varra Companies, Inc., United Water and Sanitation District, City of Englewood and the City of Boulder. No other statements of opposition were filed and the time for filing has expired. Stipulations or settlements were entered into between Applicants and the objectors as follows: 3.1. Godding Ditch Company, dated November 12, 2019. 3.2. Dream Weaver Holdings, LLC, dated March 13, 2020. 3.3. The City of Longmont, dated September 18, 2020. 3.4. The City of Boulder, dated September 25, 2020. 3.5. United Water and Sanitation District, dated September 30, 2020. 3.6. The City of Englewood, dated December 28, 2020. 3.7. Water Users Association of District No. 6, dated January 28, 2021. 3.8. The Last Chance Ditch Company, dated February 23, 2021. 3.9. Public Service Company of Colorado, a Colorado Corporation, dated September 8, 2021. 3.10. State and Division Engineers, dated January 25, 2022. 3.11. Varra Companies, Inc., dated February 17, 2022. 3.12. Centennial Water and Sanitation District, dated March 2, 2022. 3.13. Bijou Irrigation Company and Bijou Irrigation District, March 3, 2022. 3.14. Rural Ditch Company, March 7, 2022. CHANGE OF WATER RIGHTS — RURAL DITCH CO. SHARES 4. Water Rights to be Changed. GMS owns the water rights represented by 3.75 of the outstanding 50 shares of Rural Ditch represented by stock certificate no. 422 ("3.75 Shares"). 5. Previous Decrees for the Water Rights. 5.1. The Rural Ditch was decreed in Case No. 1336 on June 2, 1882, with an appropriation date of May 10, 1862, for 22.75 c.f.s. and an appropriation date of March 10, 1863, for 175.54 c.f.s. from Boulder Creek. 115.29 c.f.s. of the 175.54 c.f.s. 1863 water right was abandoned by decree in Case No. 84CW412. The decreed use is for irrigation. The headgate location is on Boulder Creek in the NEl/4 of Section 20, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Expressed as a flow rate the 3.75 Shares equate to 1.71 c.f.s. of the 1862 right and 4.52 c.f.s. of the 1863 Right. These flow rates are set forth herein solely for the purposes of recording the change of water rights in the water rights tabulation and are not intended to serve as a term or condition governing the delivery or use of the 3.75 Shares. 4830414 Paws: 2 of 29 05/28/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clark and Raoordar, Wald County , CO Case No. 17CW3202 Page 3 of 23 6. Historical Use. 6.1. Acreage and Water Deliveries. The 3.75 Shares were historically used along with other shares in the Rural Ditch Company to irrigate lands on four farms referred to as Adler, Gould, Slovek and Villa Farms, located in Section 2, Township 2 North, Range 68 West and Section 35, Township 3 North, Range 68 West of the 6th P.M. Weld County, Colorado, as shown on Figure 1 attached hereto. Over the study periods selected for analysis of the four farms, the 3.75 Shares irrigated an average 116.6 acres. The study periods include wet, dry, and average years, and are representative of the historical use of the water rights. Pro rata river headgate diversions for the 3.75 Shares averaged 395.5 acre feet per year. Applicants estimated long term average ditch losses to be 10%, which is consistent with previous decrees which changed Rural Ditch shares. After adjusting for ditch loss, the farm headgate deliveries for the 3.75 Shares were an average of 356.0 acre feet per year. 6.2. Historical Consumptive Use. The historical consumptive use was estimated using the modified Blaney-Criddle method adjusted to approximate results consistent with the ASCE Standardized Reference Evapotranspiration Methodology. The analysis reflected effective precipitation and soil moisture storage and carryover and maximum application irrigation efficiencies of 50-65%. The average annual consumptive use amount for the 3.75 Shares was 173.3 acre-feet (46.2 acre-feet per share). 6.3. Historical Return Flows. Total historical return flows for the 3.75 Shares were determined to average 182.8 acre-feet per year. Return flows from the irrigated lands accrued to St. Vrain Creek. In accordance with the terms of the stipulations dated May 13, 2005 between GMS and the City of Greeley, and a separate stipulation with the City of Englewood, in Case No. 02CW335, 100 percent of the return flows were assumed to return to the river as subsurface return flows for lands located more than'/ mile from the stream where return flows accrued, and for lands located less than 1/2 mile from the stream where return flows accrued 60 percent of the return flows were assumed to return to the river as subsurface return flows with the balance of 40 percent returning to the river as surface return flows in the same month. 7. Change of Water Right. Applicants seek to change the use of the water rights represented by the 3.75 Shares to include augmentation, recharge, replacement, industrial, and as a source of substitute supply for exchange, 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. The 3.75 Shares may be used as a source of augmentation and replacement supply in the plans for augmentation in Case No. 02CW335, Case No. 03CW99 (Well Augmentation Subdistrict of the Central Colorado Water Conservancy District ("WAS")), Case No. 16CW3202, Case No. 06CW274, consistent with the terms of those decrees, and such other decreed augmentation plans as Applicants, the Central Colorado Water Conservancy District ("Central"), or WAS may obtain in the future which identify the 3.75 Shares as a source for replacing ground water depletions and return flows. Applicants may lease the 3.75 Shares to others for the benefit of lands within Central's 4830414 Pages: 3 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO liv 1PAPAK II 4CIAV f ila Ilk 11111 Case No. 17CW3202 Page 4 of 23 boundaries (in accordance with C.R.S. 37-45-118(1)(j)) or Weld County's boundaries, subject to the following conditions. 7.1. Water users who enter into contracts with Applicants may, subject to the terms and conditions of this Decree, use the 3.75 Shares for the uses decreed herein, including in existing augmentation plans or substitute water supply plans, provided the water attributable to the 3.75 Shares is in excess of what is needed by the Applicants to replace return flows and depletions under this Decree, is not otherwise being used in any other augmentation plan or decree to replace return flows ("excess water") and, if used for augmentation or replacement, is approved as a source in the existing augmentation plan consistent with the terms of the decree for that plan, or by substitute water supply plans approved by the State Engineer pursuant to Section 37-92-308, C.R.S. or successor statute. 7.2. Use of excess water attributable to the 3.75 Shares in other augmentation plans and in substitute water supply plans approved by the State Engineer pursuant to Section 37-92- 308, C.R.S. or successor statutes shall be made only in a manner and to the extent consistent with this Decree and the decrees for the other augmentation plans. 7.3. If the 3.75 Shares are used by any other water user(s) in five separate years, such other water user(s) shall be required to apply to the Court for, and obtain, a decree or decrees authorizing the use of the 3.75 Shares order for such use(s) to continue. Applicants may enter into longer term agreements with water users within Applicants' boundaries for the use of excess water attributable to the 3.75 Shares in existing augmentation plans if the 3.75 Shares are added as a source in the existing augmentation plan consistent with the terms of the decree for that plan. 8. Operation. The 3.75 Shares will continue to be diverted at the river headgate of the Rural Ditch. From that point the 3.75 Shares may be delivered to any of the following structures generally shown on Figure 2: 1) the Shores Pond B Inlet Structure, located at a point in the SE'/4 of the NE'/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. in Weld County, Colorado (Shores Reservoir is owned by GMS and WAS, and is described in the decree entered in Case No. 00CW83, Water Division No. 1); 2) an augmentation structure currently located near the downstream end of the Rural Ditch at a point in the NW'/4 of the NW'/4 of the NEI/4 of Section 1, Township 2 North, Range 68 West, 6t P.M., Weld County, Colorado; 3) a future augmentation/bypass structure to be constructed by the Rural Ditch Company at a location at or near its river headgate on Boulder Creek; 4) a future augmentation structure known as the Tri Town Stormwater Augmentation Station which will provide drainage to St. Vrain Creek at a location to be determined near the downstream end of the Rural Ditch; 5) Shores Pond C Inlet Structure located in the S'/2 of the NW'/4 of Section 1, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado; 6) three existing storage reservoirs, two existing inlet structures and two planned, to -be -constructed inlet structures into the Rinn Valley Water Storage Reservoir, which is located in Section 10, Township 2 North, Range 68 West, 6th P.M.; and 7) Hokestra Pit (a.k.a "Hokestra Reservoir") and Augmentation Station, at an existing Rural 4830414 Pages: 4 of 29 00/26/2022 10:19 AM R Foo:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 1111 PI)FJOh l l*' Fakariihr liM1411I1 11111 Case No. 17CW3202 Page 5 of 23 Ditch headgate located in the NE'/4 of the SWl/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado. These locations are shown on the Figure 2 attached hereto. The 3.75 Shares may be stored in any of the storage reservoirs described herein and may be subsequently delivered to Boulder Creek, Idaho Creek, or St. Vrain Creek from the reservoirs. Prior to use of the augmentation structures described in items 3) and 4), Applicants will obtain verbal approval by the water commissioner confirming that each augmentation station will deliver water to the locations as described in this paragraph. Following such verbal approval, the Office of the Division Engineer for Water Division No. 1 shall send to Applicant and e -file a written confirmation of the approval. 9. Terms and Conditions for Deliveries and Use of the 3.75 Shares. The court finds the following terms and conditions are sufficient to prevent injury to water rights of others. 9.1. Delivery Limitations. 9.1.1. Deliveries. All diversions of the 3.75 Shares shall be made through the river headgate of the Rural Ditch and delivered to any of the reservoirs and/or structures described in paragraph 8 above, after deductions for ditch loss as described below. All deliveries shall be measured. The augmentation station locations may be relocated or other augmentation stations may be added by filing an application with the Water Court and by obtaining approval for the use of such structure from the Rural Ditch Company. Applicants may use such additional or re -located augmentation stations after obtaining approval pursuant to a temporary Substitute Water Supply Plan approved by the State Engineer pursuant to sections 37-92-308 or a Water Court Decree. No additional Water Court decree or Substitute Water Supply Plan shall be required prior to the use of the reservoirs and/or structures described in ¶8. The amount measured at the individual measurement point for a reservoir or augmentation station shall be the "Augmentation Delivery" for purposes of this Decree and shall include both the consumptive use portion and return flow portion of the 3.75 Shares. 9.1.2. Ditch Loss. Applicants shall bear actual ditch losses for water delivered under the 3.75 Shares in the same percentage as all other shareholders in the Rural Ditch Company and in accordance with Rural Ditch Company bylaws and policies. 9.1.3. Seasonal Limitation. Applicants' deliveries of the 3.75 Shares will be limited to the period of April 1 through October 31. 9.1.4. Monthly Volumetric Limitations. Augmentation Deliveries of the 3.75 Shares shall be limited to the following monthly acre-foot maximums. Apr May Jun Jul Aug Sep Oct 31 112 161 186 148 68 55 4830414 Pages : 5 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iftLIVhND1 h Yoh III III Case No. 17CW3202 Page 6 of 23 9.1.5. Annual Volumetric Limitation. Annual Augmentation Deliveries of the 3.75 Shares shall not exceed 549 acre-feet, or 146 acre-feet per share, in any year. 9.1.6. Monthly Twenty -Year Volumetric Augmentation Delivery Limitation. Augmentation Deliveries of the 3.75 Shares shall not exceed the following monthly acre-foot maximums as rolling 20 -year cumulative limits. In order to maintain a proper accounting of this rolling volumetric limit and to determine the currently allowed Augmentation Delivery, the following method shall be used: (1) sum the previous nineteen years of measured deliveries of the 3.75 Shares for each month; and (2) subtract the sum from the respective rolling 20 -year cumulative volumetric limit for each month. For the purpose of starting the calculation for the 20 -year rolling cumulative volumetric limitation, for the 19 years prior to the first year in which the 3.75 Shares are used pursuant to this Decree, Applicants shall assume that deliveries were the acre-foot amounts shown below. Limit Apr 38 May 922 Jun 1,574 Jul 2,362 Aug 1,494 Sep 581 Oct 149 Start 0.3 42.6 74.4 114.5 70.9 27.0 4.9 9.1.7. Twenty -Year Volumetric Limitation. Augmentation Deliveries of the 3.75 Shares shall not exceed 7,120 acre-feet as a rolling 20 -year cumulative limit. In order to maintain a proper accounting of this rolling volumetric limit and to determine the currently allowed Augmentation Delivery, the following method shall be used: (1) sum the previous nineteen years of measured deliveries of the 3.75 Shares; and (2) subtract the sum from the respective rolling 20 -year cumulative volumetric limit. For the purpose of starting the calculation for the 20 -year rolling cumulative volumetric limitation, for the 19 years prior to the first year in which the 3.75 Shares are used pursuant to this Decree, Applicants shall assume that deliveries were 345.8 acre-feet per year. 9.1.8. Applicants Obligation when Volume Limits are Reached. During any time in which the Applicants are precluded from taking delivery of water attributable to the 3.75 Shares under the terms of this Decree as a result of operation of the monthly, annual, or long-term volumetric limits set forth in paragraphs 9.1.4 — 9.1.7 of this decree, the following amounts of the Rural Ditch Company's water rights shall not be called for or diverted at the Rural Ditch headgate located on Boulder Creek (at the location described in 5.1): 1.54 c.f.s. of the 1862 right and 4.07 c.f.s. of the 1863 Right. Diversions at the Rural Ditch headgate on Boulder Creek during such times shall not exceed 21.21 cfs under the 1862 right and 56.18 cfs under the 1863 right. For purposes of administering this paragraph, 4830414 Pages: 6 of 29 05/28/2022 10:19 AM R Fee:$0.00 Carly Kopp., Clerk and Raoordar, Wald County , CO �� r.rIL'1 NAIN I�+k rs 1,44 PM RI:O41 4U II If Case No. 17CW3202 Page 7 of 23 Applicant(s) shall promptly notify the Rural Ditch Company and the Water Commissioner when it reaches any of the volumetric limits in this decree. Upon notification, the Rural Ditch Company shall also promptly notify the Water Commissioner that Applicant(s) has reached a volume limit described in paragraphs 9.1.4-9.1.7 of this decree. 9.1.8.1. Applicants, the State Engineer and Division Engineer, Water Division No. 1 (Engineers), the Rural Ditch Company (Rural) and Varra Companies Inc. (Varra) do not agree on whether the term and condition in 9.1.8 is necessary to prevent injury to the owners of vested water rights or decreed conditional water rights, and such issue was not litigated in this case. The term in 9.1.8 is included in this decree as a compromise resulting from comprehensive settlement negotiations between Applicants, Engineers and Rural. Applicants, Engineers, Rural and Varra agree that including the term in 9.1.8 shall have no precedential effect in other pending or future cases, and such parties agree that they each reserve the right to challenge or support a term similar to 9.1.8 in other pending or future cases. 9.1.9. Transit Loss. When Augmentation Deliveries are made to an augmentation station, reasonable transit loss shall be assessed by the Division Engineer's Office from the measurement point to the location where Augmentation Deliveries discharge into Boulder Creek or St. Vrain Creek in calculating the augmentation credit at Boulder Creek or St. Vrain Creek. If a lined ditch is used or if deliveries are made through a pipe, no transit loss shall be assessed provided the structures are properly maintained and in good repair, unless the Division Engineer or Water Commissioner finds that transit loss actually occurs. 9.2. Return Flow Obligations. Diversions of the 3.75 Shares will incur return flow obligations to St. Vrain Creek. The return flow obligations will be determined as follows: 9.2.1. Calculation of Daily Obligations. The timing and volume of return flow obligations from the 3.75 Shares will be determined as follows: Surface water return flow obligations for the months shown in the table below shall be determined on a daily basis by multiplying the surface return flow factor in the table below for the appropriate month by the daily Augmentation Deliveries of the 3.75 Shares during that month. Surface Return Flow Monthly Return Flow Factors: April 0.066 May 0.073 June 0.073 July 0.062 Aug. 0.053 Sept. 0.056 Oct. 0.090 4830414 Pages: 7 of 29 05/28/2022 10:19 AM R Fee:$0.00 Carly Kappes,s,Clerk and Recorder, Weld County , CO II Case No. 17CW3202 Page 8 of 23 Deep percolation return flow obligations for the months shown in the table below shall be determined on a daily basis during each month by multiplying the return flow factor in the table below for that month by the total Augmentation Deliveries of the 3.75 Shares during the preceding April through October. Daily return flow obligations shall be determined by dividing the monthly return flow obligation by the number of days in that month. Deep Percolation Monthly Return Flow Factors: Jan. 0.038 Feb. 0.034 Mar. 0.036 April 0.034 May 0.035 June 0.034 July 0.038 Aug. 0.04 Sept. 0.04 Oct. 0.041 Nov. 0.039 Dec. 0.039 9.2.2. Replacement of Return Flows. Applicants shall deliver water to satisfy their return flow obligations under this Decree on a daily basis at times when there is a valid call for water from a location downstream of the point where such return flows historically accrued to the St. Vrain Creek. Valid calls for water are limited to calls from water rights, including decreed exchanges, adjudicated and operating under Colorado law. For purposes of this matter only, and not to be construed as precedent in subsequent matters, the term "call" as used in this Decree means a demand, recorded or unrecorded, by a senior priority for the curtailment of diversions by junior, upstream priorities in order that water be made available to the calling senior to satisfy the need for water of its senior priorities. Applicants shall replace the return flow obligations upstream of the calling water right. If return flows are replaced upstream of the location of the historical returns, then transit losses shall be assessed between the point of release and the location of historic return flows as described in this paragraph. For purposes of this decree, the point of historical return flow obligation for the 3.75 Shares shall be at the outlet of the augmentation structure located in the SW 1/4 of the SE %4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. as shown on Figure 2. 9.2.3. Sources of Return Flow Replacement. Return flow obligations shall be satisfied by deliveries of water from the sources listed in Exhibit 1 or deliveries of water from other available sources added to the decrees in Case Nos. 03CW99 or 02CW335 for augmentation or replacement purposes under the procedures of such decrees, or any combination of these sources, as long as the sources can be physically delivered upstream of the calling downstream water right consistent with ¶9.2.2 of this Decree and are decreed for augmentation uses by the Water Court, approved for replacement use by the State Engineer pursuant to sections 37-92-308 or 309, C.R.S., or successor statutes, or otherwise lawfully available for use as a replacement source. 9.3. Dry Up. Portions of the historically irrigated parcels (as identified on Figure 1) which are located in Section 2, Township 2 North, Range 68 West, and the S1/2 of Section 35, 4830414 Pages: 8 of 29 05/28/2022 10:19 AM R F..:$0.00 Carly Kopp., Clark and Recorder, Wald County , CO 1111WEI 10114%44Mk 11111 Case No. 17CW3202 Page 9 of 23 Township 3 North, Range 68 West, 6th P.M, Weld County, Colorado, have been permanently removed from irrigation due to development and/or mining activities. Portions of the historically irrigated parcels are also subject to recorded dry up covenants. The Applicants claim the historical consumptive use credit associated with dry -up of the 116.6 acres identified on Figure 1 as "17CW3202 Dry Up" for the 3.75 Shares changed in this case. Therefore, the 116.6 acres identified on Figure 1 as "17CW3202 Dry Up" shall not be available as dry -up acreage to support the change of any other water rights in the future. Applicant has submitted a dry up report to the Division Engineer which shows the dry up lands. Applicant may continue to irrigate portions of the of Adler and Gould farms with Consumptive Use Credits, consistent with their ownership of the Hokestra Parcel. These are identified as "Future Irrigated Lands" in Figure 3. Applicant shall submit a dry -up certification report attached hereto as Exhibit 1A if any portion of the dry -up acreage changes from commercial, residential, or lined gravel pit to irrigated agriculture or if the Future Irrigated Lands are irrigated by any source of water other than Consumptive Use Credits, fully augmented water from structures described in the Decree entered in Case No. 19CW3066, or the storage right decreed herein, and shall continue to submit the dry -up certification report to the Division Engineer annually by June 1 each year as long as any of the dry -up acreage remains in irrigated agriculture or the Future Irrigated Lands are irrigated by any source of water other than those described herein. In order to prevent injury to other water rights, the 116.6 acres identified on Figure 1 as "17CW3202 Dry Up" shall not be irrigated by water from any source, except irrigation water that is supplied from Consumptive Use Credits (as defined in ¶9.4) from the 3.75 Shares, releases from the Hokestra Pit, exempt wells permitted by the State Engineer, water supplied by a municipality, a water district or other water supply agency, water from non -tributary or transbasin sources, water supplied pursuant to a substitute water supply plan approved by the State Engineer pursuant to sections 37-92-308 and 37-92-309, C.R.S., or successor statutes, water supplied pursuant to a decreed plan for augmentation, or water supplied pursuant to a decree entered in Case No. 19CW3066, Water Division No. 1 or other subsequent decree approved by the Court. Section 37-92-305(4.5), C.R.S. (2019) requires that dry -up of agricultural land be designed to accomplish the revegetation and noxious weed management of the lands from which irrigation water is removed. The land described in this paragraph is either developed or subject to a gravel mining permit, and the reclamation work to be completed on this land shall satisfy the requirements of Section 37-92-305(4.5), C.R.S. (2019). If any of the 17CW3202 Dry Up is irrigated or discovered to be irrigated in violation of paragraph 9.3, the amount of Consumptive Use Credits available to Applicants under this decree shall be reduced proportionally to the number of acres so being irrigated out of the 116.6 17CW3202 Dry Up acres, and the Division Engineer may order dry up reporting and the submittal of additional information with the dry up reporting as the Division Engineer determines is reasonably necessary to ensure compliance with the dry up requirements of this Decree. 9.4. Future Consumptive Use Credits. The quantity of the 3.75 Shares remaining after Applicants have satisfied the return flow obligations as set forth in ¶9.2 above are the Consumptive Use Credits attributable to the 3.75 Shares and may be totally consumed for 4830414 Pages: 9 of 29 05/28/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII minamiCLIilvi tiA4rhLlrlit D itl ik 111111 Case No. 17CW3202 Page 10 of 23 the uses described in ¶7 without injury to other water users, subject to the terms and conditions of this Decree. In the event the Consumptive Use Credits are delivered to Boulder Creek, St. Vrain Creek, or the South Platte River at a time when they are not needed by the Applicants, Applicants may, subject to the limitations contained in ¶¶9.4.1 through 9.4.6, re -divert, or otherwise capture, control or possess such Consumptive Use Credits to extinction. 9.4.1. Re -diversion to Recharge. No recharge project is decreed herein. Applicants may re -divert Consumptive Use Credits for delivery to any existing or future recharge projects for which the 3.75 Shares are identified as a source of recharge water in the Water Court decree for the recharge project and subject to the terms and conditions of this Decree, or if the Consumptive Use Credits have been approved for delivery to a specific recharge project or recharge facilities as part of a substitute water supply plan approved pursuant to C.R.S. §37-92-308. The 3.75 Shares have been approved for rediversion and use in the recharge project decreed in Case No. 16CW3202. Re -diversion for delivery to recharge projects decreed in Case No. 05CW331 shall be allowed only after complying with ¶25 of the decree in Case No. 05CW331. Additionally, until such time as Central applies for and obtains an amendment to the 05CW331 decree that allows re -diversion into 05CW331 recharge projects by exchange, such re -diversion is limited to direct delivery under the 05CW331 decree. Nothing in this decree precludes Applicants from applying to the Water Court for new decreed exchanges to one or more of the 05CW331 recharge projects that include the 3.75 Shares as a source of replacement supply. Otherwise, Applicants may divert water into recharge by exchange, subject to the terms and conditions in this paragraph 9.4.1 and in paragraph 9.4.3 below. 9.4.2. Re -diversion by Well(s). Except to the extent that the 3.75 Shares are used in the Orchard Recharge Project decreed in Case No. 05CW331 after complying with ¶25 of the decree in Case No. 05CW331, Consumptive Use Credits shall not be diverted or re -diverted at a well(s) (including an infiltration gallery or other type of groundwater diversion structure), including for delivery to storage, unless Applicant(s) first obtain a subsequent decree authorizing diversion of such water at such well(s). 9.4.3. Exchange. Although Applicants claim the right to use the Consumptive Use Credits as a source of substitution and replacement in an exchange, no appropriative right of exchange is decreed herein. Such water may be used as a source of substitute supply in an exchange only if the exchange is operated for the purposes described in ¶7 and either in accordance with the terms and conditions of a decreed exchange that includes the Consumptive Use Credits as a source of substitute supply or in accordance with administrative approval given in advance by State water administration officials, pursuant to the then existing statutory authority. 4830414 Pages: 10 of 29 03/28/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clark and Reoorder, Weld County , CO NCR r I ftilIi4aS A 1111 Case No. 17CW3202 Page 11 of 23 9.4.4. Storage. Applicants may re -divert Consumptive Use Credits, by direct delivery or exchange, to any storage facilities listed on the attached Exhibit 1, and any storage facilities the Central Colorado Water Conservancy District, or any of its subdistricts, acquires the right to use in the future, subject to the terms and conditions in this Decree and in accordance with administrative approval given in advance by State water administration officials. 9.4.5. Future Irrigation. Future irrigation use of the 3.75 Shares shall be limited to deliveries of the Consumptive Use Credits attributable to the 3.75 Shares from Hokestra Reservoir. The place of use shall be the Hokestra Parcel as shown on Figure 3 and shall be limited to the irrigable ground on such parcel(s), which is less than 110 acres. Such deliveries shall be measured using measurement devices that are acceptable to the State water administration officials. 9.4.6. Successive Use. Although Applicants claims the right to successively use the Consumptive Use Credits, no plan for successive use, with the exception of the uses described in ¶7 following beneficial use by the storage of water in accordance with C.R.S. §37-92-103(4)(a), or following the operation of an exchange, is decreed herein. Any successive use following other uses described in ¶7 is allowed in accordance with the terms and conditions of a subsequent decree that quantifies the portion of the use that may be used successively. 9.5. Augmentation Use. GMS and WAS provide augmentation water to allow the continued operation of alluvial wells during times of senior call, which wells are the subject of Class B, C, and D contracts with GMS or WAS pursuant to section 37-45-101 et seq., C.R.S. GMS and WAS include lands within Adams, Morgan and Weld Counties. The Consumptive Use Credits associated with the 3.75 Shares shall be used by GMS or WAS to replace out —of -priority depletions for the benefit of wells with Class B, C, or D contracts with those entities. The Consumptive Use Credits associated with the 3.75 Shares may also be used as a replacement source in other augmentation plans subject to the terms of this Decree and the decrees for such other decreed plans, or a substitute water supply plan approved by the State Engineer under section 37-92-308, C.R.S., or successor statutes, for the administrative approval of an augmentation plan. 9.5.1. Use by WAS in Case No. 03CW99. In the event that the 3.75 Shares are used by WAS, such use under the Augmentation Plan decreed in Case No. 03CW99 requires the use of the average of the 2002-2006 recorded deliveries in Year One of the Projection decreed therein. Projected deliveries of the 3.75 Shares in Year Two and after of the projection shall be based on the running average of deliveries for the five years immediately preceding the projection or the previous year's actual deliveries, whichever is less. When computing the average for Year Two and after, the projected deliveries shall be based on the average of the deliveries that occurred in that same month in the preceding five years. The Year One 4830414 Pages: 11 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County , CO r:L imici Y h 11111 Case No. 17CW3202 Page 12 of 23 projection values for the 3.75 Shares are contained in the following table. The values in the table represent the average of the 2002-2006 recorded deliveries, in acre feet, reduced, where applicable, by the volumetric limits proposed in ¶9.1. The augmentation credit will be projected by multiplying the monthly or annual acre feet farm headgate deliveries in the table below times the appropriate monthly return flow factors set out in paragraph 9.2.1. to arrive at the monthly return flow obligation, which shall then be subtracted from the corresponding monthly farm headgate delivery in the table below to arrive at the Projection augmentation credit for the months for which deliveries are shown in the table. Apr May Jun Jul Aug Sep Oct Annual 26 79 88 103 83 68 43 489 9.5.2. Use by GMS in Case No. 02CW335. Use of the 3.75 Shares by GMS under the Augmentation Plan decreed in Case No. 02CW335 requires the use of a "dry -year yield" in the six -year Projection decreed for such Plan. For the purpose of establishing the dry year yield of the 3.75 Shares, the farm headgate deliveries in 1977 were used. The dry -year farm headgate yield of the 3.75 Shares, in acre feet, that shall be used for the projection in Case No. 02CW335, is contained in the following table. The dry year augmentation credit will be projected by multiplying the monthly or annual acre feet farm headgate deliveries in the table below times the appropriate monthly return flow factors set out in paragraph 9.2.1. to arrive at the monthly return flow obligation, which shall then be subtracted from the corresponding monthly farm headgate delivery in the table below to arrive at the Projection augmentation credit for the months for which deliveries are shown in the table. April May Jun Jul Aug Sep Oct Annual 0 48 103 69 59 23 6 308 9.6. Accounting. Deliveries of water pursuant to the 3.75 Shares will be measured daily by continuous recording devices and recorded on an accounting form acceptable to the Water Commissioner and the Division Engineer. Any accounting form used by Applicants shall include the following daily data: the river call by name, priority date, administration number and location, the return flow obligations to St. Vrain Creek and the location, amounts and sources of water used to meet the return flow obligations, the daily delivery of the 3.75 Shares at each augmentation station or reservoir inlet and in total, the Consumptive Use Credits, amount of Consumptive Use Credits leased to other entities, if applicable, the running total of all volumetric limitations for the 3.75 Shares, and an accounting of transit losses incurred pursuant to Paragraph 25. The initial accounting forms are attached hereto as Exhibit 2. These accounting forms may be integrated with Applicants' other accounting forms. Exhibit 2 is not decreed herein, and if otherwise consistent with the provisions of this Decree, may be modified from time to time as 4830414 Pages: 12 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , Co VIII Iir1'PLNA:4141Gill,M haL!Li Egf411114III III Case No. 17CW3202 Page 13 of 23 required by or with the approval of the Division Engineer and notice to all Objectors in this case, provided that all information contained in Exhibit 2 and required by this Decree is included. Applicants shall serve notice to Objectors when any changes to Exhibit 2 are submitted to the Division Engineer. Objectors shall have 35 days from the date of service of notice of changes to the accounting form to provide comments to the Division Engineer regarding such proposed changes. Approval by the Division Engineer may be provided at any time after modified accounting forms are submitted by Applicants and served on Objectors if such modified accounting forms were requested by the Division Engineer. STORAGE RIGHT-HOKESTRA RESERVOIR 10. Name of Reservoir. Hokestra Reservoir. 11. Legal description of location: In the N1/2 of Section 2, Township 2 North, Range 68 West, and the S '/a of Section 35, Township 3 North, Range 68 West, 6th P.M., Weld County, Colorado, as shown on Figure 3 attached. 12. Source: Water tributary to the South Platte River, from Boulder Creek, Idaho Creek and St. Vrain Creek. 13. Diversion Points. 13.1. Last Chance Ditch river headgate located on St. Vrain Creek in the SE1 of the NW%/4 Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 13.2. Rural Ditch river headgate located on Boulder Creek in the NEl Section 20, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 13.3. Rural Ditch headgate located on Idaho Creek in the SE% of Section 16, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. 13.4. Idaho Creek Carrier diversion structure located on Boulder Creek in the SWl/a of Section 29, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. 13.5. St. Vrain Creek Inlet No.1 located on the south bank of St. Vrain Creek in the SWl Section 35, Township 3 North, Range 68 West, 6th P.M., Weld County, Colorado. 13.6. St. Vrain Creek Inlet No. 2 located on the south bank of St. Vrain Creek in the SE1 Section 35, Township 3 North, Range 68 West, 6th P.M., Weld County, Colorado. 14. Date of Appropriation. September 21, 2006. 4830414 Pages: 13 of 29 05/28/2022 10:19 AM R F..:$0.00 Carly Koppel, Clark and Reoordar, Wald County , CO KiA.Iii tKltlik "III Case No. 17CW3202 Page 14 of 23 14.1. How appropriation was initiated. By formation of intent to appropriate water for beneficial uses, acquisition and revision of Division of Reclamation and Mining Safety permit, by the passing of resolutions by the Board of County Commissioners of Weld County and the Board of Directors of GMS, by the construction of a clay liner and two slurry walls to create storage space, by diversion and storage of water, and the filing of the application in Case No. 17CW3202. 15. Amounts claimed. 15.1. 1250 acre-feet of initial fill (or the physical capacity of Hokestra Reservoir, if less), with one annual refill of 1250 acre-feet (or the physical capacity of Hokestra Reservoir, if less). Of these amounts, 423.4 acre-feet of the initial fill is claimed as absolute by storage from June 2016 to March 2017, and the remaining amounts are claimed conditional. 15.2. Last Chance Ditch: 50 cfs, conditional. 15.3. Rural Ditch headgate on Boulder Creek: 30 cfs, of which 12.73 cfs is claimed as absolute, which flow rate was recorded on December 14, 2016, and the remaining amount is claimed as conditional. 15.4. Rural Ditch headgate on Idaho Creek: 30 cfs, conditional. 15.5. Idaho Creek Carrier: 30 cfs, conditional. 15.6. St. Vrain Creek Inlet No. 1:25 cfs, of which 7.32 cfs is claimed as absolute, which flow rate was recorded on May 24, 2017, and the remaining amount is claimed as conditional. 15.7. St. Vrain Creek Inlet No. 2: 25 cfs, conditional. 16. Uses. Recreational and piscatorial uses within the storage cells, augmentation, recharge, replacement, irrigation, industrial, fire suppression and emergency response, including but not limited to fire and rescue training exercises and chemical or petroleum spill clean up and mitigation and as a source of substitute supply for exchange. Applicants claim the right to totally consume the water stored, either by first use, successive use, or disposition. The water right may be used as a source of augmentation and replacement supply in the plans for augmentation in Case No. 02CW335, Case No. 03CW99, Case No. 16CW3202, Case No. 06CW274 consistent with the terms of those decrees and such other decreed augmentation plans or substitute water supply plans as Applicants, Central, or WAS may obtain in the future, for replacing ground water depletions and return flows. The water right may be leased to others for use within the Co -Applicants' boundaries and the boundaries of Central and WAS (in accordance with C.R.S. 37-45-118(1)(j)), or outside such boundaries if in accordance with C.R.S. §37-83-106. Leases of the Hokestra Reservoir Storage Right shall be limited to the uses described in this paragraph and subject to the terms and conditions of this decree. 4830414 Pages: 14 of 29 05/28/2022 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �� Nrrit« lirUlAflihilirtl ihA t f+JtrVa iiii 1I II Case No. 17CW3202 Page 15 of 23 16.1. Place of Irrigation Use. The Hokestra Parcel depicted on Figure 3, which includes less than 110 acres of irrigable ground. 16.2. Future Consumptive Uses. Releases of the Hokestra Reservoir Storage Right may be re - diverted, or otherwise captured, controlled or possessed, to extinction, subject to the same limitations contained in ¶¶9.4.1 through 9.4.6 for Consumptive Use Credits. 17. Terms and Conditions for Hokestra Reservoir. 17.1. Operations. Water will be diverted from Boulder Creek, Idaho Creek, and St. Vrain Creek at the points of diversion described in ¶12 and at the flow rates described in ¶14. Releases may be made from the reservoir by any lawful means, including but not limited to pumping from the reservoir to St. Vrain Creek, or by pumping to the Rural Ditch for subsequent delivery to the St. Vrain Creek. Water will be delivered through the Rural Ditch pursuant to agreements between Central, GMS, and/or WAS and the Rural Ditch Company. 17.2. Measurement. GMS shall measure all measurable diversions, deliveries to, and releases of water from the Hokestra Reservoir on a daily basis. The existing measurement devices used to measure inflows and outflows from the reservoir have been approved by the Water Commissioner. In the event any measurement devices are relocated, the relocated device will be inspected and approved by the Water Commissioner prior to use. All flow measurement devices shall be equipped with a continuous recording device that has been approved for use by the Division 1 Water Commissioner before use. 17.3. Reservoir Accounting. Applicants have demonstrated an appropriate method for accounting for diversions and releases of water under this Decree. The initial accounting forms are attached hereto as Exhibit 2. These accounting forms may be integrated with Applicant's other accounting forms. Exhibit 2 is not decreed herein, and if otherwise consistent with the provisions of this Decree, may be modified from time to time as required by or with the approval of the Division Engineer and notice to all Objectors in this case, provided that all information contained in Exhibit 2 and required by this Decree is included. Applicants shall serve notice to Objectors when any changes to Exhibit 2 are submitted to the Division Engineer. Objectors shall have 35 days from the date of service of notice of changes to the accounting form to provide comments to the Division Engineer regarding such proposed changes. Approval by the Division Engineer may be provided at any time after modified accounting forms are submitted by Applicants and served on Objectors if such modified accounting forms were requested by the Division Engineer. Any accounting form used by Applicants shall separately track inflows, outflows, and balances for each cell of the Hokestra Reservoir shown on Figure 3, and shall include the following data: river call in effect each day by date, name, priority date; and 4830414 Patios: 15 of 29 05/28/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIDA NU II II Case No. 17CW3202 Page 16 of 23 administration number; daily diversions of the Hokestra Reservoir Storage Right measured at the respective diversion points; daily Reservoir deliveries measured at the inlet of the reservoir; calculated daily amounts of unmeasured inflows; daily Reservoir surface area and evaporation as determined by the reservoir stage and described herein; daily releases of out -of -priority unmeasured inflows; daily amounts of water released from the Reservoir; daily amounts of storage in the Reservoir by source; the amount of unmeasured inflow retained at the end of the day; running totals of the fill and refill; any bookover to the Hokestra Reservoir Storage Right or paper - fill of the Hokestra Reservoir Storage Right pursuant to ¶¶ 17.4 and/or 17.5 below; and any other information contained on the accounting form attached hereto as Exhibit 2. Accounting will be completed for each source of water stored, if multiple sources are stored in the reservoir. All accounting shall be performed daily and submitted monthly, unless required more often at the reasonable request of the Division Engineer or Water Commissioner. The Accounting shall be made available to any Objector in this case upon reasonable request. If one or more of the cells shown in Figure 3 are later hydraulically connected, the cells may be aggregated for purposes of measuring inflows, outflows and total balance of water stored in the connected cells and may be accounted for as a single cell. The stage -area -capacity curves for each cell of the Hokestra Reservoir shall continue to be incorporated into the accounting. 17.4. Water Year and Carryover. For purposes of accounting for the Hokestra Reservoir Storage Right and water stored in the Hokestra Reservoir, the water year shall be April 1 through March 31. The total volume of water that may be diverted to the Hokestra Reservoir Storage Right initial fill during a water year shall be the lesser of the physical capacity of the Hokestra Reservoir or 1,250 acre-feet, less any carryover water. The total volume of water that may be diverted to the Hokestra Reservoir Storage Right refill during a water year shall be the lesser of the physical capacity of the Hokestra Reservoir or 1,250 acre-feet. The Hokestra Reservoir Storage Right refill shall be allowed only after the first annual fill has been completed. Water stored under the Hokestra Reservoir Storage Right in the previous water year including the refill which remains in storage in any storage facility at the beginning of the new water year shall be considered carryover storage against the Hokestra Reservoir Storage Right's initial fill in the new water year. The amount of carryover water shall be the volume of water attributed to the Hokestra Reservoir Storage Right initial fill and refill which is in storage (at Hokestra Reservoir or elsewhere) and carried over from March 31 to April 1. If any water attributable to the Hokestra Reservoir Storage Right initial fill or refill is stored in Hokestra Reservoir during a water year and subsequently relocated to another storage facility during the same water year pursuant to ¶9.4.4, the amount of water that was relocated shall continue to be counted against the Hokestra Reservoir Storage Right initial fill or refill during that water year and, for so long as the water stored under the Hokestra Reservoir Storage Right is in storage, that quantity of water shall not be available to be diverted into Hokestra Reservoir under the Hokestra Reservoir Storage Right refill during that same water 4830414 Pages: 16 of 29 05/28/2022 10:10 AM R Fee:$0.00 Carly Kappa', Clerk and Recorder, Weld County , CO 1111 FAR LiViriDI C SI hC PilMAC II II Case No. 17CW3252 Page 17 of 23 year. Water attributed to other water rights (including water diverted during free river conditions) that are stored in Hokestra Reservoir at the end of any water year ("Other Stored Water") shall not automatically be deemed carryover against the Hokestra Reservoir Storage Right initial fill. Instead, to the extent the Hokestra Reservoir Storage Right is in priority during the new water year and there is insufficient capacity in Hokestra Reservoir to continue the initial fill, Applicants shall have the option of: (1) booking over a portion of the Other Stored Water to the Hokestra Reservoir Storage Right initial fill; or (2) paper filing a portion of the initial fill of the Hokestra Reservoir Storage Right to the extent of the foregone bookover and at the rate the Hokestra Reservoir Storage Right could have otherwise been filled. If Applicants elect not to divert the Hokestra Reservoir Storage Right when sufficient capacity exists in Hokestra Reservoir and the Hokestra Reservoir Storage Right is in priority and available for diversion, a portion of the Hokestra Reservoir Storage Right initial fill shall be paper filled. Any water that is booked over shall be accounted for as the Hokestra Reservoir Storage Right. Any bookover or paper fill shall be to the extent of the foregone diversion, at rates and times when water is legally and physically available for diversion under the Hokestra Reservoir Storage Right. Bookover or paper fill shall not be required if the Division Engineer or Water Commissioner determines that water available in priority to the Hokestra Reservoir Storage Right should not be counted as storable inflow for reasons such as, but not limited to: (1) maintenance is needed on either the Hokestra Reservoir (including storage cells and any associated facilities such as inlets or outlets) or one of the methods of conveyance from streams; or (2) icing would prevent impounding and controlling the inflow; or (3) the water available for diversion and storage is of poor quality for the intended decreed beneficial use; or (4) the reservoir is under an order from the State Engineer due to a storage restriction; or (5) to accommodate other necessary activities at the discretion of the Division Engineer, with consideration of the severity of the need. 17.5. Bookover. A bookover is an accounting mechanism that replicates the simultaneous release and re -diversion of water without physically operating the inlet and outlet works of the reservoir. A bookover can only occur when the reservoir is not operating its inlet and outlet works, or when the storage structure is physically full and all inflow is passing through the outlet in an uncontrolled manner (e.g., surcharge conditions, or flow -through; i.e., when the change in storage is zero). Because a bookover replicates the physical operation of the reservoir, water must be bookedover in - priority at a rate that is the lesser of the available inflow, inlet capacity, or outlet capacity. Water cannot be bookedover from a senior water right to a junior water right when the senior water right placed a call for water. Any bookover will be at rates and times when water is legally and physically available for diversion under the Hokestra Reservoir Storage Right. Any Other Stored Water stored in Hokestra Reservoir that is bookedover shall be considered to be and accounted against the first fill, or the refill if appropriate, of Hokestra Reservoir Storage Right in Applicants' accounting. No priority is awarded for and no new right is otherwise created by operating a bookover procedure. 4830414 Palms: 17 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , CO 1111 MANN DC%011 NO1CAMI IUIlk 11101 Case No. 17CW3202 Page 18 of 23 17.6. Unmeasured Inflows. Unmeasured inflows into the Hokestra Reservoir (including precipitation, local runoff, and groundwater seepage) shall be calculated daily using the following equation: Unmeasured Reservoir Inflow = Change in Reservoir Storage + Estimated Gross Reservoir Evaporation + Measured Reservoir Releases — Measured Reservoir Inflows. Applicants shall account for all unmeasured inflows and outflows to and from the Hokestra Reservoir and return to the St. Vrain Creek all out -of -priority inflows to the Hokestra Reservoir within 72 hours, unless a lesser timeframe is required by the Water Commissioner or Division Engineer. No appropriation of groundwater is made herein. 17.7. Evaporation Losses. Evaporation from the Hokestra Reservoir shall be calculated individually for each cell by multiplying the total water surface area in acres by gross reservoir evaporation in feet. No evaporation loss shall be calculated on days in which full ice cover of the reservoir is observed by Applicants and documented by Applicants in its accounting. Evaporation losses may be subtracted from any tracked account in the reservoir at the discretion of the Applicants. Real time gross reservoir evaporation in feet shall be determined on a daily basis by multiplying 0.7 by the daily standard grass reference crop evapotranspiration (ETo) in feet published by the Northern Colorado Water Conservancy District (NCWCD) for the NCWCD Longmont South weather station and dividing by the daily Class A pan Coefficient published by NCWCD for the Longmont South weather station. If data is not available from the NCWCD Longmont South weather station the data from the NCWCD Longmont West weather station shall be used for the calculation. At times when grass reference ETo and/or pan coefficient data are unavailable, the Applicants shall use the following monthly gross evaporation rates, which are in inches per day divided by 12 to obtain gross evaporation in feet: Gross Reservoir Evaporation (inches per day) Jan Feb Mar Apr 0.12 May 0.155 Jun Jul Aug 0.174 Sep 0.133 Oct Nov Dec 0.039 0.05 0.071 0.193 0.194 0.09 0.053 0.039 17.8. Design Performance. The clay liners and slurry walls for each of the cells comprising the Hokestra Reservoir have been approved as of the date of this decree. If a liner fails as defined in paragraph 5.0 of the August 1999 State Engineer Guidelines for Lining Criteria for Gravel Pits ("1999 SEO Guidelines"), Applicants shall be required to repair the lining in accordance with the requirements of that paragraph as the same may be amended or modified. If the Reservoir's liner fails, then any out -of -priority depletions of groundwater evaporation from the affected cells must be replaced in accordance with a plan of augmentation approved by the Court or substitute water supply plan approved by the Division Engineer. 4830414 Pages: 18 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Wald County , CO 11111 IUPJR'RP IIAVINalL 1WIM II Case No. 17CW3202 Page 19 of 23 CONCLUSIONS OF LAW 18. The Findings of Fact set forth above are incorporated herein. 19. Notice and Jurisdiction. The Water Court for Water Division No. 1 has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected hereby, pursuant to §37-92-203(1), §37-92-302 and §37-92- 304, C.R.S., whether or not they have chosen to appear. The application in this matter and the resume publication placed such persons on notice of the relief requested by the application and granted by this decree. 20. Statements of Opposition. Statements of opposition were filed by the parties named in ¶3. No other statements of opposition have been filed and the time for filing statements of opposition has expired. 21. Burden of Proof. Applicants have met their burden of proof and are therefore entitled to a decree approving the change of water rights and appropriation of the storage water right described herein. 22. Change of Water Rights Contemplated by Law. The change of water rights described in ¶¶4-9 of this Decree is contemplated by law and satisfies the requirements of §§37-92- 101 et seq., C.R.S., including but not limited to §§37-92-103, 37-92-302, 37-92-304(6), and 37-92-305(3), C.R.S. 23. No Injury. The Court determines that the change of water rights herein is authorized by law, and if operated and administered in accordance with the terms and conditions of this Decree, will not result in injury to vested water rights and decreed conditional water rights of others. Therefore, Applicants are entitled to a Decree approving the change of water rights herein. §37-92-305(3), C.R.S. 24. Appropriation of Water Storage Rights Contemplated by Law. The appropriation of the Hokestra Reservoir Storage Right described in ¶¶l0-16 of this Decree is contemplated by law and satisfies the requirements of §§37-92-101 et seq., C.R.S., including but not limited to §§37-92-103, 37-92-301, 37-92-302, and 37-92-304, C.R.S. DECREE OF THE WATER COURT 25. The Findings of Fact and Conclusions of Law set forth above are incorporated herein. 26. Transit Losses. Applicants shall be responsible for reasonable stream transit losses that are assessed by the Division Engineer or Water Commissioner, if any, for all circumstances where Applicants are using the natural stream channel to transport water to 4830414 Pages: 19 of 29 05/28/2022 10:10 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO VIII I��l1�11�'�'4I��CMA��Ml u��kP�rWh�rYl �I II Case No. 17CW3202 Page 20 of 23 the point of replacement of depletions or return flows or to the point of re -diversion to storage or recharge. When water is used in the GMS Plan or WAS Plan, then assessed transit losses will be in accordance with ¶40 and ¶23.3 of such plans, respectively. When water is not used in the GMS Plan or WAS Plan, transit losses shall be assessed in the same manner and at the same rate as for other water users on Boulder Creek, St. Vrain Creek, and the South Platte River as determined by the Division Engineer or Water Commissioner. 27. Stipulations and Settlements. The Stipulations entered into between Applicants and Objectors are approved by the Court and Applicants shall be bound by the terms of such Stipulations, including the terms of that Stipulation between Applicants and the City of Longmont dated September 18, 2020. 28. Exchange, Recharge and Augmentation Uses. Although this Decree adjudicates recharge, augmentation and a source of substitute supply for exchange as uses of the 3.75 Shares as changed herein as well as recharge, augmentation and a source of substitute supply for exchange as uses for the Hokestra Reservoir Storage Right, no specific exchange, recharge project or augmentation plan is approved herein. The operation of any exchange, recharge or augmentation plan involving the 3.75 Shares as changed herein must be in compliance with Colorado law, and in compliance with the terms and conditions of any applicable decree. 29. No Ditchwide Applicability. This Decree does not quantify historical consumptive use by the "ditch -wide method," see Williams v. Midway Ranches Property Owners' Assoc., 938 P.2d 515, 521, 526 (Colo. 1997), and thus does not set any precedent for future changes of water rights associated with other shares of capital stock in the Rural Ditch Company. 30. Integrated Supply. The Water Rights described herein are part of each Applicants' integrated water supply for augmentation and other purposes. Applicants continues to purchase and change water rights and construct and adjudicate recharge and storage projects to integrate additional sources of water into its water supply plan. The integrated water supply plan includes, but is not limited to, those rights listed on Exhibit 1, attached hereto. 31. No Material Injury. The terms and conditions provided for in this decree are adequate to assure that no material injury to any water users will result from operation of the change of water rights. 32. Administration. The State Engineer and Division Engineer shall administer this Decree in accordance with the terms and conditions set forth herein. The Division Engineer, or his designated representative, will administer all such water transported in the South Platte River or its tributaries under this Decree, including water for replacement of depletions or return flows, past intervening headgates to ensure that such water is not intercepted or 4830414 Passs: 20 of 29 08/28/2022 10:10 AM R Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO lIII FAIN' IJ'fW8 111111 Case No. 17CW3202 Page 21 of 23 otherwise diminished in quantity by diversion, use or other interference by intervening water rights and to assure that such water remains available for Applicants' uses under this Decree. In the event that administration of a delivery past an intervening headgate requires the installation of a bypass structure or the use of an existing bypass structure by agreement with a third -party, Applicants are responsible for either installing a new bypass structure with a continuous recording measuring device(s) as approved by the Water Commissioner or securing an agreement with a third -party to use an existing structure or install a new structure and providing such information and agreement to the Division Engineer. 33. Use of Structures. Nothing in this Decree creates or enlarges any right of Applicants to utilize land or structures owned by parties other than Applicants for the diversion, carriage, or recharge of water, and nothing in this Decree enlarges any right currently possessed by Applicants for use of lands, structures, or facilities. Applicants may utilize existing water diversion, carriage, and recharge structures only to the extent that each has acquired the right to use such structures from the appropriate entities or by other lawful means. Similarly, Applicants may utilize land for the construction and operation of such structures only to the extent each has acquired the right to use such land. 34. Measuring Devices. In addition to the measuring and recording devices expressly required herein, Applicants shall install and maintain, at Applicants' expense, such additional meters, gauges, or other measuring and recording devices required by the Water Commissioner or Division Engineer, and in addition to the accounting and reporting expressly required herein, shall report at such additional reasonable times to the Water Commissioner and/or Division Engineer the readings of such meters, gauges, or other measuring devices pursuant to CRS § 37-92-502(5)(a). 35. Accounting. The accounting required as a term and condition under this Decree is an administrative tool to confirm that diversion, storage, and replacements are made in correct time, location, and amounts in accordance with the terms and conditions of this Decree. All accounting must be acceptable to the Division Engineer or his or her designated representative. 36. Retained Jurisdiction. Pursuant to C.R.S. 37-92-304(6), the Court shall retain jurisdiction over the change of water rights for the 3.75 Shares approved herein on the question of injury to the vested rights of others for a period of five (5) years from the date of entry of this Decree. The Court's retained jurisdiction may be invoked by any party to this case by petition, with notice to all other parties. The petition shall set forth with particularity the factual basis for the specific injury alleged, together with proposed decretal language that the petitioner contends would remedy or prevent the alleged injury that is the basis for the petition. The party lodging the petition shall have the burden of going forward to establish the prima facie facts supporting the claimed injury alleged in the petition. If the Court finds those facts to be established, Applicants shall bear the burden of proving (a) that any modifications sought by Applicants will avoid injury to other appropriators, or 4830414 Pages: 21 of 29 08/28/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County , CO Ell Case No. 17CW3202 Page 22 of 23 (b) that any modification sought by an Objector is not required to avoid injury to other appropriators, or (c) that any term or condition proposed by Applicants in response to Objector's petition does avoid injury to other appropriators. Any such petitions shall be filed with the Court under the above -styled caption and case number and shall be served on counsel of record for all parties who have appeared herein. Objections to any such petition shall be filed no later than 63 days after service of the petition on the parties hereto. If no such petitions are lodged within the five-year retained jurisdiction period, and if the retained jurisdiction period is not extended by the Court in accordance with the provisions of statute, this Decree shall become final under its own terms. 37. Approval of Change of Water Rights. The change of 3.75 Shares set out in ¶¶4-9 is hereby confirmed, approved, adjudicated and decreed subject to the terms and conditions contained in this Decree. 38. Storage Water Right Decreed. The Hokestra Reservoir Storage Right is hereby decreed in the volumes and flow rates described in ¶14 and for the uses described in ¶15. 39. Priority. The application for the Hokestra Reservoir Storage Right was filed in the water court in the year 2017 and this water right shall be administered as having been filed in that year, and shall be junior to all water rights for which applications were filed in previous years. As between the Hokestra Reservoir Storage Right confirmed herein and other rights for which applications were filed in 2017, priority shall be determined by the decreed dates of appropriation and shall not be affected by the date of entry of decrees. 40. Diligence. The conditional water rights decreed herein are continued in full force and effect until March 31, 2028 . If Applicants desire to maintain such conditional rights, an application for finding of reasonable diligence shall be filed on or before March 31, 2028 , or a showing made on or before such date that the conditional water rights have become absolute water rights by reason of the completion of the appropriation. 41. No Precedent. The findings of fact, conclusions of law, judgment and decree are the result of substantial negotiations and settlement discussions between the parties. Its terms and conditions are based on compromises between the parties based on the specific facts and circumstances surrounding the water rights which were the subject of this case. It is agreed to among the parties and found by the Court that by stipulating to entry of this Decree, no party in this case intends that the terms of this Decree become a precedent to resolve issues in any other case. All parties reserve their right to challenge all aspects of any other application for water rights or change of water rights and shall not be limited or bound by these findings, conclusions, judgment and decree. 42. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional water rights decreed herein, the transferee shall file with the Division 1 Water Court a notice of transfer which shall state: 4830414 Pages: 22 of 29 08/28/2022 10:19 AM R Fee:$0.00 Kopp., Kopp, Clark and Reoords', Weld County CO IIIII Kali! l6geQfrIC Aill t II II Case No. 17CW3202 Page 23 of 23 (A) The title and case number; (B) The description of the conditional water right transferred; (C) The name of the transferor; (D) The name and mailing address of the transferee; and (E) A copy of the recorded deed. The owner of said conditional water rights shall also notify the Clerk of the Division 1 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 17CW3202. DATED April 13, 2022 nunc pro tuns. March 14, 2022 Z Tod L. Taylor Water Judge Water Division 1 4830414 Pages: 23 of 29 09/20/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO «+►IPIVOlletaY 1I 0 1 LARIMER BOULDER Longmont stsi i The mapping contained within this document is intended to be used for reference purposes only and is not suitable for construction, navigation, and/or surveying purposes. 17CW3202 Dry Up Dry Up Covenant Gravel Pit Slurry Walls/Liner Hokestra Parcel Owned by GMS Owned by Weld County Farms 1/1 II Adler Farm Gould Farm Slovek Farm Villa Farm FIGURE 1 CASE NO. 17(W3202 FARM DRY -UP 4830414 Pages : 24 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO rirTI'i:i'I'Mr'a I III 68W z N 32 mss• '005.t.? • County Road 24 c5 County Road 20117 [) 3114 RD -BC ICC 0 0.5 29 Miles 32 Cik (Lk 33 </tin Ur 4 9 16 t 34 Saint Vrain Creek LCD SVCI-1 Hokestra Inlet It Rinn Valley'Water and Storage Reservoir A Rinn Valley Water Storage,, Reservoir Rural Ditch Headgate® 2r Cin(tA" oge SVCI-2 35 Last Chance Ditch South ro<eeiw`' �� O Shores C Inlet al a Shores Pond Hokestra Inlet and Aug Station. 67W 36 J 31 Tri Town Stormwater Rural Ditch Tail 40 bob' 2 15 / RD -IC 28 t..ower t3autdeT Ditcc7 33 68W I t hboi >t Pat emPtP 1 112 • I, I, County Road 22 - VA) Me LlisP, Park "nng to n Ave W Wettani set,t;tt st 34 3 Pt R .� Codd rng +C 1 25 Q 2 E 36 Harleq un Cauc* kcpta t • 20 22 24 •. %mks 6 Palk Jr — Ditch ?Golding Lt. Path. g `F Jna •rt F.;41v910 El Pas k Booth 1 1 Rocs t)or5 Ai. a 7 18 Firestone Berwick A'. t• t30 w Frederick S 31 5th St 67W 2 LARIMER Li .t t lrt BOULDER F r, Project Location n WE Platterdte I te The mapping contained within this document is intended to be used for reference purposes only and is not suitable for construction, navigation, and/or surveying purposes. • • C Diversion Points Pump Station Measurement Flume Augmentation Station/Point of Delivery (Existing) Augmentation Station/Point of A Delivery (Proposed) V ) Point of Historical Return Flow Obligation Concrete Lined Hokestra Reservoir Cells As of Date of Decree Lands Historically Irrigated by Stihiert Sharnc FIGURE 2 CASE NO. 17CW3202 GENERAL LOCATION white sands water engineers, inc 4830414 Pages: 25 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co III MIFINRIIfill Ott GY4,I1X Nia III III 68W 6 r , Future Irrigated Lands Hokestra Reservoir Cells As of Date of Decree FIGURE 3 CASE NO. 17GA/3202 HOKESTRA RESERVOIR AND PIT Pal! 4830414 Pages: 26 of 29 05/26/2022 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO I Ktillimillititilititii,AYA4:1111iihilhi 11111 nds water engineers, inc December 2021 The mapping contained within this document is nt to be used for reference purposes only and is not for construction, navigation. and/or surveying purr EXHIBIT 1 CASE NO 17CW3202 CENTRAL COLORADO WATER CONSERVANCY DISTRICT GROUND WATER MANAGEMENT SUBDISTRICT AND WELL AUGMENTATION SUBDISTRICT CASE NO NAME SOURCE AEU DATE 2/25/1985 4/29/1987 10/6/1993 03/29/1989 3/29/1989 5/10/2000,, 6/21/1991 5/25/1990 &e, 2/3/2000 , COMMENT W7905/84CW0405 Brighton and Fort Lupton Augmentation Well Fields Mill,ron & Kiowa Recharge & Storage Project Box Elder Recharge and Storage Project Chatfield Reservoir Farmers Independent Recharge Project McDowell Ranch Western Mutual Ditch Recharge Project Siebnng Reservoir and W R Jones Ditch (62 shares) Koenig Reservoir Jo Dee Reservoir Jacoby/Schmidt Ditch Box Elder Ditch (1 share) Lupton Bottoms Ditch (5 shares) 83rd Avenue Reservoir La Poudre Reservoirs 3 & 4 Lupton Bottoms Recharge & Storage Project Greeley Loveland (26+ shares) Seven Lakes Lake Loveland Greeley Irrigation Co (20 shares) W R Jones Ditch (15 shares) Shores Lake B H Eaton (9 shares) & Boxelder(1 5 shares) Platteville Recharge & Storage Project Rural and Godding Ditch Shares, Boulder and Weld Reservoir Weldon Valley Ditch (4 shares) Fulton Irrigating Ditch Company (150 shares) Union Reservoir (20 5 shares) W R Jones Ditch (62 shares) Lupton Meadows Ditch (60 shares) Bernhardt Reservoir Nissen Reservoir Weldon Valley Recharge (pro -rata) P Augmentation Wells Greeley Irrigation Company (65 3/4 shares) Fanners Independent Ditch Co (27 75 shares and 10 0 shares) Big Thompson& Platte River Ditch Co (7 shares)( Greeley Irrigation Co (12 shares) Platteville Milling Si Irrigation Co (13/24sh3`res) Brighton Ditch Co (1/10 Share) if Godfrey Ditch Co (5 shares) Central Recharge and Exchange Planv ,„/ Plumb Ditch (47 shares) Platte Valley Irrigation Co (7 0 shares) Alternate Points and Dderslon and Storage Greeley Irrigation Co (2 Osahares) Greeley Irngatidr(Co (10 B shares) Greeley Irrigation Co s2 9 shares) Geisert ReS4rvol`A, Rural Ditch (2'5 shares), Goddmg Ditch (20 shares) Fulton Ditch,. (17 85 shares) Fulton Ditch Co (30 shares) South Platte River South Platte River South Platte River South Platte River South Platte River South Platte River South Platte River Cache La Poudre South Platte River Cache La Poudre South Platte River Cache La Poudre , Cache La Poudre. South Platte Riyer, Big Thompson River, 81CW0382 82CW0413 83CW0184 85CW0370 86CW0397 87CW0304 88CW0127 92CW0021 92CW0165 93CW0085 94CW0096 94CW0097 94CW0199 97CW0077 97CW0078 00CW0072 00CW0083 00CW0166 01CW048 01CW0255 01CW0263 01CW0264 02CW0172 02CW0200 02CW0265 02CW0269 02CW0270 02CW0377 02CW0335 03CW0348 04CW0276 05CW0053 05CW0054 05CW0069 05CW0079 05CW0223 05CW0331 07CW0006 08CW0071 10CW0139 10CW0173 11CW0020 12CW0163 12CW0304 13CW0029 13CW3025 14CW3006 14CW3007 14CW3123 AC„ Fulton Ditch Co (50 shares) Recharge and Exchange 15CW3148 16CW3008 ,oss d rd d ' 8/9/1995 2/27/1995 4/I2/1996 12/16/1996 7/1/2003 Cache fa Poudre Cache Ca Poudre) 12/11/2001 3/14/2005 7/22/2009 11/21/2006 11/19/2008 ,48oiildeRCreek, Cache'La Poudre �., South Platte River \\St Vram Creek 5/6/2010 3/17/2007 6/23/2008 9/20/2007 3/14/2005 2/8/2008 10/20/2005 10/20/2005 11/5/2009 6/3/2005 c, d s � So -0th Platte River V'\ South Platte River „ J St Vram Creek Cache La Poudre South Platte River Big Thompson River South Platte River South Platte River South Platte River Cache La Poudre South Platte River Big Thompson River Cache La Poudre South Platte River South Platte River South Platte River South Platte River South Platte River South Platte River Cache la Poudre Cache La Poudre Cache La Poudre Cache La Poudre Cache La Poudre 6/26/2009 11/20/2009 6/22/2009 5/13/2009 7/10/2009 9/23/2009 1/24/2011 10/7/2011 7/26/2010 5/27/2014 10/4/2013 5/22/2012 10/18/2013 4/14/2014 2/1/2016 9/22/2015 11/10/2016 6/10/2015 11/27/2015 3/22/2018 4/5/2019 ie Boulder Creek c South Platte River South Platte River South Platte River South Platte River South Platte River Cache La Poudre ,Lupton,Bottom Ditch Co (15 shares) Lupton Meadows Ditch Co (90 shares) `,Chatfield Reservoir Refill Storage Right Greeley Irrigation Co (8 shares) Rural Ditch Co (7 04 shares) and Rinn Valley Water Storage Reservoir Walker Recharge Project Rural Ditch Co (3 75 shares) and Hokestra Reservoir Greeley Irrigation Co (6 5 shares) Pioneer Reservoir Fulton Ditch Co (28 shares) Recharge and Exchange Lupton Bottoms Ditch (2 shares) Greeley Irrigation Co (6 5 shares) Western Mutual Ditch Company (94 shares) Farmers Independent Ditch Company (28 shares) 10/12/2018 1/25/2019 7/29/2019 16CW3119/05CW315 16CW3202,, „A 17CW3202 ,(, 18CW3106 19CW3088`9, ) Boulder Creek South Platte River Boulder Creek Cache La Poudre South Platte River South Platte River South Platte River Cache La Poudre South Platte River South Platte River Pending Pending Pending Pending Pending Pending Pending Pending c cd w,20CW3125_J D0L1Nn 22CW Y" 22CW LESSOR NAME LOCATION LEASE DATE COMMENT City of Aurora City of Longmont City of Longmont City of Thornton WSSC LPAC Platte Valley Irrigation Company City of Brighton City of Greeley Farmers Reservoir and Irrigation Company Fully Consumable Effluent Fully Consumable Effluent Windy Gap / Fully Consumable Effluent Water Supply and Storage Company Transmountain Return Flows Water Supply and Storage Company - Trdnsmountam Return Flows Recharge Credits Fully Consumable Effluent Fully Consumable Water from GLIC System Recharge Credits South Platte River 05/2006 06/2011 06/2011 02/2013 01/2021 02/2015 06/2014 10/2020 08/2014 St Vrain Creek St Vram Creek Cache La Poudre Cache La Poudre South Platte River South Platte River Big Thompson River South Platte River Comment a No augmentation or replacement credit available I 4830414 Pages : 27 of 29 b Maybe used only for augmentation of CCWCD constituent wells (not used for replacement of return ! 05/28/2022 10 19 AM R Fee $0.00 flows) i Carly Koppel, Clerk and Recorder, Weld County , CO c Available above the point of return flow accrual while suds afer eng neefs, inc White. Sands Water Engineers; inc. VIII RA WM II SOP strZeEt e. Per DeEtp Sample Accounting - Hokestra Reservoir Day Month Notes Admin/ Priority RD -BC (cfs) Hokestra Storage Right Portion of 1A. Up to 30 cfs. When Hokestra Storage Right in priority. Other Water Portion of 1A. RD -IC (cfs) Hokestra Storage Right Portion of 1D. Up to 30 cfs. When Hokestra Storage Right in priority. Other Water Portion of 1D. Free River Water ICC (cfs) Measured value. Hokestra Storage Right Portion of 1G. Up to 30 cfs. When Hokestra Storage Right in priority. Other Water Portion of 1G. Portion of 1G. When no downstream call exists. LCD (cfs) Hokestra Storage Right Portion of 1J. Up to 50 cfs. When Hokestra Storage Right in priority. Other Water Portion of L. SVC 1 Hokestra Storage Right Portion of 1M. Up to 25 cfs. When Hokestra Storage Right in priority. Other Water Portion of 1M. SVC 2 Q Hokestra Storage Right Portion of 1P. Up to 25 cfs. When Hokestra Storage Right in priority. Other Water Portion of 1P. Free River Water RD -BC (cfs) RD -IC (cfs) Measured value. Limted to 1D. ICC (cfs) LCD (cfs) SVC 1 (cfs) Measured value. Limted to 1M. SVC 2 (cfs) Measured value. Limted to 1P. Total (ac -ft) Sum of 2A through 2F (converted from cfs to ac -ft). Hokestra Storage Right (ac -ft) Other Water (ac -ft) Portion of 2G. Limited based on 2A through 2F and 1A through 1R. West Cell (cfs) South Cell (cfs) North Cell (cfs) Total (ac -ft) Sum of 3A through 3C (converted from cfs to ac -ft). Hokestra Storage Right (ac -ft) Other Water (ac -ft) Free River Water (ac -ft) Releases from OOP Storage (ac -ft) Portion of 3D. Limited based on 5A. Portion of 3D. Limited based on 6A. Portion of 3D. Limited based on 7A. Portion of 3D. Limited based on SA. West Cell South Cell North Cell West Cell South Cell North Cell Using applicable stage -area -capacity relationship and 4A through 4C. Total Sum of 4E through 4G. ETo (inches), rt Pan .0—Acieht NCWCD Longmont South or Longmont West if Longmont South not available. Equal to 4Ki* 0.7 / 4Kii. In case no Etr and/or pan data available, equal to decreed dai Evaporation Rate (ft) est�Cell (ac -ft) Equal to 4,41. South Cell (ac -ft) Equal to 4,4L. North Cell (ac -ft) Equal to 4,4L. iV Total (ac -ft) Equal to sum of 4Mi, 4Mii, and 4Miii. West Cell South Cell North Cell Using applicable stage -area -capacity relationship and 4A through 4C. Q Total (ac -ft) Equal to 4N+ 4O+ 4P. Calculated EOD Storage Equal to 2G -3D- 4Miv +prior day's 4Q. If 4Q -4T>0, 4Q -4T, 0. If 4Q- 4T < 0, 4Q - 4T, 0. Value is positive. Unmeasured Gains In -Priority Equal to 4Ui, if Hokestra Storage Right is in prioirty. Equal to 4Ui -4V. Total Beginning of Day Storage Equal to prior day 5D. Subject to carryover on 4/1 per decree. Portion of 4Miv. Portion of 4V. Portion of 4Uii. End of Day Storage Equal to 5A+ 2H - 3E -56 +5Ci-5Cii+9Bi. Total Beginning of Day Storage Equal to prior day 6C. Evaporation End of Day Storage Equal to 6A+ 21- 3F - 66 - 9Bii. Total Beginning of Day Storage Equal to prior day 7D. Portion of 4Miv. Portion of 4V. End of Day Storage Equal to 7A + 2l - 3G - 7B + 7Ci -7Cii + 9Biii. Total Beginning of Day Storage Equal to prior day's SB. End of Day Storage Equal to 8A- 3H +4W. Paper Fill Booked To (+)/From (-) Other Water (ac -ft) Free River Water (ac -ft) Cumulative Storage - First Fill Equal to 2H + 5C+ 9A +96. Limited to lesser of 1,250 ac -ft and physical capacity. Cumulative Storage - Refill Equal to 2H+ 5C+ 9A + 9B. After 9C limit has been reached. Note: Collapsed for printing purpo es. Accounting will be on a daily basis. Accounting Year is April - March. Contact Information: Ruthanne Schaffer, Central Colorado Water Conservancy District, 3209 W 28th Street, Greeley, CO 80634, 970.330.4540. CASE NO. 17CW3202 4830414 Pages: 28 of 29 08/28/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO III Sample Accounting - Subject Shares (all values in cfs unless otherwise specified) Attachment 2.2 CASE NO. 17CW3202 November 2020 Admin/Priority Location Month tion Station Delivery Rural Ditch Augmentation Structure Transit Loss SVC Rural Ditch Augmentation/Bypass Structure Transit Loss to Boulder Creek Tri Town Stormwater Augmentation Structure Transit Loss to SVC Hokestra Augmentation Structure Transit Loss to SVC Hoekstra Reservoir Shores Pond B Inlet Structure Shores Pond C Inlet Structure RVWSR Total Delivery of Subject Share Return Flow Prior Year Augmentation Delivery Surface Return Flow Factor Deep Perc Return Flow Factor Calculated Return Flow Surface Deep Perc Appropriated Return Flows acements Source 1 Amount Transit Loss Source 2 Amount Transit Loss Net Replacement Total Net Day* 1 2 3 Total CFD AF 20 -year Cumulative Annual 20 -year Cumulative Monthly Total Total Annual Total AF AF /;(//,'",/e4y*// Notes Downstream of the outlet of the augmentation structure located in the SW % of the SE'''A of Section 35, T3N, R68W, 6th P.M., Weld County, Colorado. Equal to 2b + 2d + 2f+2h. Measured deliveries attributable to Subject Shares. ,', ,/.//*/.4,1M:7,4 Per decree. Measured c Shares. ;1'%`'`,� � xmLrer easured deliveries attributable to Subject 1/11111' 1sr y hares. ! irr sa �� l /s//� /r "'" al Per decree. �i"�' 11111O511111 ��/� �' �� r � '� �r�"/ Measured deliveries attributable to Subject 1' 1s1�/ 3'm y hares. tk4.11Atik Ptill51014.01it Per decree. erig ng r. 21 152121.11 21.1 Equal to sum of3bthrough3e. !' 4%,/'4% 4/6 P/**7 %///14///e/s' -"4 a- W1/7:,//://i/o; Measured deliveries attributable to Subject Shares. Equal to 2a + 3a. Subject to volumetric limits per decree. n/a EqIt5 a * 5b /the number of days in the month. Equal to 5d, when in priority. n/a Name, location. Per Water Commissioner/Division Engineer, as applicable. Name, location. Per Water Commissioner/Division Engineer, as applicable. Equal to 6b - 6c + 6e - 6f. Must be equivalent to 5d - 5g. n/a Equal to 4 - 5d +5g + 6g. Equal to 7a -2c -2e -2g -2i. * Accounting will be daily. Condensed herein to allow for greater resolution. Contact Information: Ruthanne Schaffer, Central Colorado Water Conservancy District, 3209 W 28th Street, Greeley, CO 80634, 970.330.4540, 4830414 Pages: 29 of 29 05/29/2022 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO lIII MOO III Hello