HomeMy WebLinkAbout20200308.tiff TODD CREEK VILLAGE METROPOLITAN DISTRICT
10450 E. 159th Court
Brighton, CO 80602
Tel: 303-637-0344
www.toddcreekvi llace.orq
toddereekaa,toddcreekvilfage.orq
January 16, 2020
ALF Todd Creek Village North
Peter Martz - pmartzlrq(a�comcast.net
PO BOX 50223
Colorado Springs, Co 80949
RE: Sewer Service Will-Serve Commitment for Proposed Development
Property in Weld County, Colorado, Township 1 North, Range 67 West,
Section 35
Dear Mr. Martz:
Please be advised that as requested by you on behalf of the Applicant, the Todd
Creek Village Metropolitan District (the "District") will serve the proposed
development property (the "Property") as described on ("Exhibit A") with sanitary
sewer service upon compliance with the terms and conditions outlined in this
letter.
The Property is within the District's authorized Service Area. This Service Area
has an approved 208 Plan for sanitary sewer treatment issued by the North Front
Range Water Quality Authority and any service provided to the Property will be
done in accordance with this 208 Plan.
The City of Fort Lupton (the "City") entered into an Intergovernmental Agreement
("IGA") with the District on August 9, 2006. Under the terms and conditions of
the IGA, the City agreed to provide sewer treatment services to the District's
Service Area and acknowledged that it had both unused sewer treatment
capacity and the legal and technical ability to seek expansion to its existing
treatment facility to provide said service.
In order to receive service from the District, the Applicant will be required to
negotiate and enter into with the District a Service and Tap Purchase Agreement
that further details the terms and conditions upon which service will be provided
to the Property. The District and ALF Equinox Todd Creek Village North, LLC
entered into that certain Water and Sewer Service Agreement (ALF Equinox) on
September 17, 2008 (the "ALF Service Agreement") whereby the Parties
established certain terms and conditions related to servicing the Property.
Subsequent to the execution of the ALF Service Agreement, the Parties engaged
in litigation in Weld County District Court under Case No. 2013 CV 30665. The
Court issued an Order After Trial (the "Order") regarding the effect of the ALF
Service Agreement. Any Service and Tap Purchase Agreement entered into
subsequent to this Letter shall comply, in its entirety, with the terms of that ALF
Service Agreement as well as the Order. To the extent there is any conflict
between this Letter or a subsequent Service and Tap Purchase Agreement and
the ALF Service Agreement or the Order, the ALF Service Agreement and the
Order shall control.
Once the Applicant has entered into a Service and Tap Purchase Agreement
with the District, The District will then be responsible for either establishing a
connection to the City, in accordance with the terms of the IGA, or to the
Northern Treatment Plant of the Metro Wastewater Reclamation District. The
District will also be responsible for all costs associated with completing the
infrastructure and/or capacity expansions needed to complete such connection.
The District will work with the Applicant to complete the overall design of the
infrastructure necessary to make such connection and the District will be
responsible for securing and providing all easements in which the connection will
be constructed.
It is understood that the Applicant may rely upon a special district to satisfy some
or all of the conditions precedent to receiving service. To the extent that a
special district will be created within the District's service area to assist the
Applicant with obtaining service, the District shall be permitted to review a draft of
the service plan associated with the proposed special district, prior to submittal to
Weld County, and the service plan must include the requirement of the ALF
Service Agreement that the proposed special district, following organization,
enter into an intergovernmental agreement with the District.
We appreciate the opportunity to provide the Property with sanitary sewer service
in the future. Should you have any questions or need additional information,
please contact us at your earliest convenience.
Sincerely,
on Summers, General Manager & Vice President
Todd Creek Village Metropolitan District
EXHIBIT A - LEGAL DESCRIPTION
LOT -Er RECORDED EXEMPTION NO. 146945-03 RE-4462. AND
LOT 13" RECORDED EXEMPTION NO. 1469-35.03 RE 33, BOTH IN THE
OFFICIAL RECORDS OF THE CLERK AND RECORDER, COUNTY OF WELD,
STATE OF COLORADO, LYING WITHIN THE WEST HALF OF SECTION 15,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
SAID COUNTY AND STATE. MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 15, NORTH O0‘461r WEST, A DISTANCE OF 2,639.61 FEET TO THE
WEST QUARTER CORNER OF SAID SECTION 35 SAID POINT ALSO BEING THE
NORTHWEST CORNER OF SAID LOT '8 RECORDED EXEMPTION
NO. 1469-35-03 RE-4462';
THENCE ALONG THE NORTH LINE OF SAIt7 SOUTHWEST QUARTER. ALONG
THE NORTHERLY, WESTERLY, AND EASTERLY BOUNDARY'S OF SAID LAST
DESCRIBED LOT'B'THE FOLLOWING FIVE (5) COURSES:
1) NORTH 89'35'26' EAST. A DISTANCE OF 738.93 FEET;
2) NORTH C0'2412'WEST, A DISTANCE OF 154.03 FEET,
3i SOUTH 58"48'43»EAST,A DISTANCE OF 4 .99 FEE I TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS
OF 5.729 58 FEET.
4: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
C12"17'-, AN ARC LENGTH Of 228.57 FEET;
51 SOUTH C'O'43't9" EAST.A DISTANCE OF 2,4 40.95 FEET TO THE 1s ST
SIXTEENTH CORNER OF SAID SECTION 35 AND SECTION 2. TOWNSHIP
SOUTH. RANGE 67 WEST OF THE SIXTH PRINCIPAL mERIDIAN.
THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SOUTH
69•33:32" WEST, A DISTANCE OF 1.316.45 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 79.525 ACRES. (3,464.089 SQUARE FEET). MORE OR
LESS.
TODD CREEK VILLAGE
METROPOLITAN DISTRICT
WATER SUPPLY PLAN
Prepared For: Todd Creek Village Metropolitan District
10450 East 49th Ct.
Brighton, Colorado 80602
Prepared By: Jehn Water Consultants, Inc.
88 Inverness Circle East, Suite K-102
Englewood, Colorado 80112
(303)321-8335
Job No. 814.1
TODD CREEK VILLAGE
METROPOLITAN DISTRICT
WATER SUPPLY PLAN
December 17, 2019
1 ,
/ ./fit ! \
Gina L. Burke
President
Jehn Water Consultants, Inc.
TABLE OF CONTENTS
INTRODUCTION 1
DISTRICT'S WATER SUPPLY 2
Decreed Denver Basin Ground Water Rights 2
Surface Water Rights 3
EXISTING AND PROJECTED WATER DEMANDS 5
JUNIOR FIRM YIELD ANALYSIS 6
CONCLUSIONS 8
FIGURES
Figure 1 Todd Creek Village Metropolitan District
TABLES
Table 1 Decreed Denver Basin Ground Water
Table 2 Estimated Denver Basin Ground Water Available
Table 3 Surface Water Rights & Contracts
Table 4 Estimated Current & Future Demands
Table 5 Henderson Gage Data
Table 6 Brighton Ditch Diversion History
Table 7 United Reservoir 3 Diversion History
Table 8 Free River Days on the South Platte River
Table 9 Adjusted South Platte River Availability at TCVMD
Table 10 Water Available In-Priority to a Junior Water Right
Table 11 Water Available In-Priority to a Junior Water Right with a 40 cfs Limitation
Table 12 Water Available In-Priority to a Junior Water Right at Mann Lakes
Table 13 Water Available In-Priority to a Junior Water Right at Mann Lakes with a 21 cfs
Table 14 TCVMD Demands
Table 15 TCVMD Estimated Reservoir Evaporation
Table 16 Mann Lakes Estimated Reservoir Evaporation
Table 17 Water Available in Storage After Demands are Met at TCVMD
Table 18 Demands Met with TCVMD Storage
Table 19 Water Available in Storage After Demands are Met at Mann Lakes
Table 20 Total Demands Met
Jehn Water Consultants, Inc.
TABLE OF CONTENTS CONTINUED
Table 21 Water Available In-Priority to a Junior Water Right with a 40 cfs Limitation —
Conservative Model
Table 22 Water Available In-Priority to a Junior Water Right at Mann Lakes with a 21 cfs
Limitation — Conservative Model
Table 23 Water Available in Storage After Demands are Met at TCVMD— Conservative
Model
Table 24 Water Available in Storage After Demands are Met at Mann Lakes—
Conservative Model
Table 25 Total Demands Met— Conservative Model
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
INTRODUCTION
This Report is an update of the Water Supply Report, dated November 2, 2011, for the Todd
Creek Village Metropolitan District (District) which is approved to provide services in Adams and
Weld Counties, Colorado. The primary purpose of this Report is to summarize the current and
future demands of the District and the water available to meet those demands.
The District controls Denver Basin ground water rights in all or portions of Sections 1-5, 8-12,
14-16, and 21-23 in Township 1 South, Range 67 West. The District's Service Area also
includes Sections 21-24, 25-28, and 33-36 in Township 1 North, Range 67 West, all within the
6th P.M. (Figure 1). The District's Service Area currently includes approximately 12,891 acres,
of which approximately 6,833 acres are located in Adams County and 6,058 acres are located in
Weld County.
This Report updates the water supplies available to the District and the current potable and
irrigation demands of the District. This Report also provides firm yield analyses for the District's
junior water rights and existing infrastructure to evaluate the sufficiency of the District's water
supplies.
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
DISTRICT'S WATER SUPPLY
The District controls water rights in the Denver Basin aquifers underlying the District property as
well as surface water rights on the South Platte.
Decreed Denver Basin Ground Water Rights
As summarized in Table 1, a total of 1,386.2 acre-feet per year (af/yr) are decreed for use within
the District. That total includes 843.4 af/yr decreed from the nontributary Laramie-Fox Hills
aquifer and 542.8 af/yr decreed from the not-nontributary Lower Arapahoe aquifer. At the time
of this Report, the water rights decreed in the Lower Arapahoe aquifer have not been decreed in
a Water Court approved augmentation plan.
As additional properties are platted and agreements are made with the District for service, the
Denver Basin ground water is conveyed to the District. Table 2 provides a summary of Denver
Basin ground water rights that have either been conveyed to the District but have not yet been
adjudicated, or that underlie properties that are currently in the process of being zoned or
platted and will be conveyed to the District upon completion of the land use process. Based on
the estimates described in Table 2, there are approximately 568 af/yr in the not-nontributary
Lower Arapahoe and 948 af/yr of nontributary Laramie-Fox Hills water rights underlying Todd
Creek Village, Todd Creek Shook and Todd Creek Bartley (Adams County). The Todd Creek
Seltzer properties, located in both Adams and Weld Counties, may have 59 af/yr in the not-
nontributary Lower Arapahoe and 103 af/yr in the nontributary Laramie-Fox Hills underlying
those parcels. There is also an estimated 86 af/yr of not-nontributary Lower Arapahoe and 155
af/yr of nontributary Laramie-Fox Hills aquifer ground water underlying the Dry Creek East
property. The Dry Creek East property is currently being rezoned through Weld County and
once the proposed development is platted, the Denver Basin ground water associated with the
property will be conveyed to the District as one of the conditions for service. In total, there
is approximately 714 af/yr available in the not-nontributary Lower Arapahoe and 1,216 af/yr in
the nontributary Laramie-Fox Hills aquifers that will be available to the District to meet
future demands.
2
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
Surface Water Rights
The District owns surface water rights to be utilized within the District to meet current and future
demands. Table 3 provides a summary of those water rights totaling approximately 19,000
af/yr.
Old Brantner Ditch
The District permanently controls 18 shares of the Old Brantner Ditch. 17 of those shares were
changed to municipal uses in Case No. 08CW165. The change of use in that Case was from
irrigation to municipal uses within the District. The consumptive use associated with the 17
shares is 130 af/yr.
New Brantner Ditch
The District owns 19.375 shares of the New Brantner Ditch. The District is currently working
with Aurora to purchase additional shares. The District has future plans to change its shares of
New Brantner Ditch rights to municipal uses within the District. The estimated consumptive use
for the 18.375 shares is approximately 312 af/yr.
Consolidated Mutual
The District permanently controls the 500 af/yr of reusable effluent from Consolidated Mutual
Water Company.
Case No. 13CW3181
This decree includes conditional surface water rights from the South Platte River, both direct
and storage, conditional alluvial well water rights, and a plan for augmentation and exchange.
Case No. 13Cw3181 includes two surface points of diversion (TCVS-01 and TCVS-02) and four
augmented alluvial wells (TCQAL-1 through TCQAL-4). The decreed total annual diversion may
not exceed 6,202 af/yr (10-year average) and 11,237 acre-feet in any single year. A total of
1,198 acre-feet of storage was also decreed utilizing the reservoirs within the District's Service
Area (Smith, Signal 1, Signal 2, and Baselines East and West). The District is currently using
about 564 acre-feet of storage, has the remaining amount under development, is currently
utilizing diversions from TCVS-01, and wells TCQAL-1, TCQAL-2 and TCQAL-4.
3
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
In Water Year 2018 the District diverted approximately 2,538 acre-feet from the decreed
structures and 1,509 acre-feet in Water Year 2019.
Case No. 16CW3019
TCVMD has decreed a conditional storage water right for the Mann Lakes Reservoir which is an
off-channel, lined gravel pit reservoir complex consisting of three interconnected lakes know as
Mann Lake No. 1, Mann Lake No. 2 and Mann Lake No. 3. A total of 3,741 acre-feet of storage
is decreed to Mann Lakes. The decreed volumetric limit is 7,482 af/yr. Currently, the Mann
Lakes reservoirs are legally available for use and in 2019 the District diverted approximately
1,656 acre-feet into the reservoir complex, utilizing Mann Lake Nos. 2 and 3.
4
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
EXISTING AND PROJECTED WATER DEMANDS
The District is currently relying on its surface water rights to meet the needs of the District and
are utilizing their Denver Basin ground water rights as drought protection only. As of the date of
this Report, the District is committed to provide potable and irrigation service to 2,713 residential
units, four commercial properties, and the irrigation of two parks, miscellaneous landscaping
throughout the District and the Heritage Todd Creek Golf Course. The District manages two
water rights portfolios, one to meet their potable demands and a second to meet their irrigation
demands. The District runs on a two-pipe system where they only treat a portion of their
surface water rights for potable uses and can provide untreated water for irrigation throughout
the District. The estimated total demands, as outlined in Table 4, for those properties that are
currently platted and have service agreements with the District are approximately 1,736 af/yr.
Currently, there are two County applications being processed. The 24 lots in the Adams
County application (TC Shook) will add approximately 7.2 af/yr to the current committed potable
demands of the District. There are also 300 lots in a Weld County application (ALF) that will
add approximately 60 af/yr to the potable demands of the District. The overall total demands of
these two applications, including irrigation, will be approximately 150 af/yr which will raise the
current overall demands of the District to approximately 1,886 af/yr.
5
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
JUNIOR FIRM YIELD ANALYSIS
An operational model was built to determine what demands could be met with the water rights
discussed above. This firm yield analysis includes the Water Availability analyses completed for
both junior water rights decrees, Case Nos. 13CW3181 and 16CW3019 updated through Water
Year 2018 (Tables 5 through 13), along with the currently utilized storage reservoirs (Smith,
Signal 2 and Mann Lake Nos. 1, 2 and 3). The sources of water supply to meet the demands in
the firm yield analysis include the conditional junior water rights decreed in Case No.
13CW3181 for TCVS-01 (limited to 40 cfs) and the water rights decreed in Case No. 16CW3019
diverted at Mann Lakes South Platte River Diversion (limited to 21cfs). The total water rights
available to the District at TCVS-01, as utilized in this operational analysis, is summarized in
Table 11 and those water rights available at Mann Lake are summarized in Table 13.
District Demands
Based on the demands outlined in Table 4, a total of 803 af/yr was utilized in the operational
analysis (Table 14). This includes the potable demands for the platted units, which includes the
24 units for TC Shook, and the 300 ALF units (60 af/yr). Since the demands being modeled are
potable only, it is assumed they are constant each month. A conservative analysis was
completed in regard to the demands of evaporation off of the storage reservoirs. It was
assumed that the reservoirs were full throughout the operational model to maximize the
evaporative demands on the system. As TCVMD utilizes the reservoirs as a single storage
system with all the structures connect to each other, the analysis utilized a combine storage
volume of 460 acre-feet at the District (Smith and Signal 2)with a combined surface area of 53
acres. For Mann Lakes, it was assumed that the District would only have available their portion
of the Mann Lakes reservoir complex (58.15% of the total storage) which equates to 1,789 acre-
feet and 93 surface acres. The conservative demands for evaporation at the District and Mann
Lakes are provided in Tables 15 and 16, respectively. As shown, a total of 517 af/yr of
evaporation was included in the operational analysis.
Analysis Results
Based on the water availability analysis and the demands on the system, a storage analysis
was completed to determine the potential demands met. Table 17 shows the water remaining in
storage after the monthly demands are met utilizing the District's storage in Smith and Signal 2.
6
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
This analysis provides excess storage to be carried over to meet the demands of the following
month. There are months in which all demands were not met as shown in Table 18. Those
additional demands where then modeled in the Mann Lakes Reservoir Complex. Table 19
shows the water remaining in storage after the remaining demands are met utilizing the
District's storage in Mann Lakes. As shown in Table 20, the junior surface water rights, with
storage within the District and at Mann Lakes is more than sufficient to meet the District's
demands of 803 af/yr.
A second model was completed which added additional conservative measures. The
conservative model utilized all the same data as the model discussed above but added a
limitation on resources for the two decreed rights. From 2003 through 2005 all water rights
available under Case Nos. 13CW3181 and 16CW3019 were zeroed out as shown on Tables 21
and 22, respectively. This modeling approach utilized the same conservative approach to
evaporation as discussed above. The results, as shown in Tables 23 through 25, show that the
total demands met by the storage structures averaged 748 af/yr over the 26-year study period.
As shown in Table 25, there was sufficient junior water rights available in storage to meet all the
demands in 2003 and partial demands in 2004 and 2006. From 2004 through 2006, the District
would need to utilize other sources available to them, such as their decreed Denver Basin
aquifer water rights and the surface water rights from Consolidated Mutual (500 af/yr) and the
Old Brantner (130 af/yr), to fill in the gaps when the junior water rights would not be available to
meet all demands.
7
Jehn Water Consultants, Inc.
Todd Creek Village Metropolitan District
Water Supply Plan
CONCLUSIONS
The Todd Creek Village Metropolitan District has sufficient water rights readily available to meet
current and future demands within the District's Service Area. As of the date of this Report, the
District's current and short-term future potable demands are approximately 803 af/yr. These
demands will be met from water rights owned or controlled by the District. Those water rights
currently include approximately 843 af/yr of currently decreed nontributary Laramie-Fox Hills
ground water rights, 500 af/yr from Consolidated Mutual, 130 af/yr from the Old Brantner and
firm yield supplies from their decreed junior water rights, Case Nos. 13CW3181 and 16CW3019,
ranging from 748 af/yr to 803 af/yr based on the analyses included herein. The District will also
have right to withdraw and use additional Denver Basin ground water from the Laramie-Fox Hills
aquifer once adjudicated in the estimated amounts of 1,216 af/yr for additional drought
protection.
These readily available water rights, totaling more than 2,220 af/yr, are more than sufficient to
meet the current and future needs of the District. With the use of the District's two-pipe system
and separate portfolio of water rights to meet irrigation demands, that would allow the use of the
2,220 af/r of firm water rights to meet the potable demands of over 7,400 units.
8
Jehn Water Consultants, Inc.
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Sources: Projection: Job No.814A
Esri USA Topo Maps Basemap UTM NAD83 Prepared By: HLB 02/23/2016
Checked By: GLB 02/23/2016
Jehn Water Consultants, Inc. N
1565 Gilpin
Street TCVMD 1 inch = 4,000 feet Figure
Denver, CO 80218I ' ll W E
(303) 321-8335 Service Area 0 1,7503,500 Feet 1
(303) 321-8346 fax S
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TABLE 1
TODD CREEK VILLAGE METROPOLITAN DISTRICT
DECREED DENVER BASIN GROUND WATER
NNT NT
Lower Arapahoe LFH Total
Case No. (af/yr) (af/yr) of/yr
83CW136 - 27.3 27.3
87CW258 177.0 226.0 403.0
96CW242 23.8 14.5 38.3
97CW186 28.0 39.0 67.0
98CW396 27.4 38.1 65.5
98CW397 24.7 - 24.7
99CW042 - 34.0 34.0
99CW124 16.8 23.8 40.6
99CW141 28.7 38.0 66.7
00CW160 16.6 - 16.6
00CW254 41.5 133.9 175.4
02CW106 112.1 177.6 289.7
04CW108 46.2 91.2 137.4
Total 542.8 843.4 1386.2
Note: At the time of this report, the NNT Lower Arapahoe
Aquifer ground water is not included in a plan for augmentation.
98CW397 was reduced by District's pro-rata share
(144 acres out of 149 acres decreed)
99CW124 was reduced by District's pro-rata share
(80 acres out of 160 acres decreed)
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 2
TODD CREEK VILLAGE METROPOLITAN DISTRICT
ESTIMATED DENVER BASIN GROUND WATER AVAILABLE
Dry Creek East
Township 1 North,Range 67 West,6th P.M.
Estimated
Annual
Saturated Estimated Appropriation
Thickness Appropriation 100 yrs
Acres Aquifer ft Sy acre-feet af/yr Status
530.1 Lower Arapahoe 96 0.17 8,644 86.44 NNT
Laramie-Fox Hills 195 0.15 15,521 155.21 NT
Todd Creek Shook
Portion of Section 3,Township 1 South,Range 67 West,6th P.M.
Estimated
Annual
Saturated Estimated Appropriation
Thickness Appropriation 100 yrs
Acres Aquifer ft Sy acre-feet af/yr Status
55 Lower Arapahoe 100 0.17 935 9.35 NNT
Laramie-Fox Hills 189 0.15 1,559 15.59 NT
Todd Creek Bartley
Portion of Section 2,Township 1 South,Range 67 West,6th P.M.
Estimated
Annual
Saturated Estimated Appropriation
Thickness Appropriation 100 yrs
Acres Aquifer ft Sy acre-feet af/yr Status
285 Lower Arapahoe 100 0.17 4,845 48.45 NNT
Laramie-Fox Hills 189 0.15 8,080 80.80 NT
Todd Creek Village
Township 1 South,Range 67 West,6th P.M.
Estimated
Annual
Saturated Estimated Appropriation
Thickness Appropriation 100 yrs
Acres Aquifer ft Sy acre-feet af/yr Status
3,004 Lower Arapahoe 100 0.17 51,068 510.68 NNT
Laramie-Fox Hills 189 0.15 85,163 851.63 NT
Todd Creek Seltzer
Portion of Section 34,Township 1 North,Range 67 West,and Portion of Section 3 and 4,Township 1 South,
Range 67 West,6th P.M.
Estimated
Annual
Saturated Estimated Appropriation
Thickness Appropriation 100 yrs
Acres Aquifer ft Sy acre-feet af/yr Status
381 Lower Arapahoe 91 0.17 5,913 59.13 NNT
339 Laramie-Fox Hills 203 0.15 10,295 102.95 NT
Notes: At the time of this Report,the Denver Basin water rights included in this table have not
been adjudicated.
Dry Creek East Denver Basin water rights will be conveyed to the District once property
is platted. Once conveyed,the District will adjudicate the water rights.
Todd Creek Village,Todd Creek Shook and Todd Creek Bentley Denver Basin water rights
have been conveyed to the District.
The saturated thicknesses are to be considered estimates only.
December 17,2019
lehn Water Consultants,Inc. Job No.814.1
TABLE 3
TODD CREEK VILLAGE METROPOLITAN DISTRICT
SURFACE WATER RIGHTS&CONTRACTS
Water Right Contract/Shares af/yr Decree/SWSP Uses Notes
Old Brantner 17 shares 130 08CW165 Municipal Decreed max annual
New Brantner 18.375 shares 312 shares Irrigation Estimated CU
Reusable Effluent Consilidated Mutual 500 - Municipal Contract
Jr Surface Water - 6,202 13CW3181 Municipal 10-yr avg(decreed max 11,237 of/yr}
Jr Surface Water - 7,482 16CW3019 Municipal Decreed Volumetric Limit
Jr Surface Water - 4491 19CW3061 Municipal Pending
Total 19,117
December17,2019
lehn Water Consultants,Inc. Job No.814.1
TABLE 4
TODD CREEK VILLAGE METROPOLITAN DISTRICT
ESTIMATED CURRENT&FUTURE DEMANDS
Total Total Total
Total Currently Future Potable Current Future Potable Irrigation Current Future Irrigation ❑emands
units Served Units Units af/yr/unit af/yr af/yr af/yr units af/yriunit af/yr af/yr af/yr af/yr
Development(Platted)
TCF 1 54 54 0 0.27 14.53 0.00 14.53 54 0.34 18.36 0.00 18.36 32.89
TCF 2 57 57 0 0.27 15.33 0.00 15.33 57 0.34 19.38 0.00 19.38 34.71
TCF 3 62 62 0 0.27 16.68 0.00 16.68 62 0.34 21.08 0.00 21.08 37.76
TCF 4 139 139 0 0.27 37.39 0.00 37.39 139 0.34 47.26 0.00 47.26 84.65
Foxridge 58 58 0 0.27 15.60 0.00 15.60 58 0.34 19.72 0.00 19.72 35.32
TCF 5 160 152 8 0.27 40.89 2.15 43.04 160 0.34 51.68 2.72 54.40 97.44
ES 1 185 180 5 0.27 48.42 1.35 49.77 185 0.34 61.20 1.70 62.90 112.67
Wheatlands 71 71 0 0.27 19.10 0.00 19.10 71 0.34 24.14 0.00 24.14 43.24
TCM 1 78 71 7 0.27 19.10 1.88 20.98 78 0.34 24.14 2.38 26.52 47.50
Silver Springs 52 52 0 0.27 13.99 0.00 13.99 52 0.34 17.68 0.00 17.68 31.67
Hawk Ridge 47 42 5 0.27 11.30 1.35 12.64 47 0.34 14.28 1.70 15.98 28.62
ESS 191 187 4 0.27 50.30 1.08 51.38 190 0.34 63.58 1.02 64.60 115.98
HTC 1277 825 452 0.27 221.93 121.59 343.51 800 0.25 206.25 -6.25 200.00 543.51
TC Bartley 172 163 9 0.30 48.90 2.70 51.60 172 0.34 55.42 3.06 58.48 110.08
TC Shook 60 0 60 0.30 0.00 18.00 18.00 32 0.34 0.00 10.88 10.88 28.88
Baseline Lakes 54 49 5 0.27 13.18 1.35 14.53 54 0.34 16.66 1.70 18.36 32.89
Subtotals 2,717 2,162 555 586.63 151.43 738.07 2,211 660.83 18.91 679.74 1417.81
Commercial(Platted-2010 Demands)
HTC Club/Maint 3.65 11.70 15.35
TCVMD office 0.03 - 0.03
NH Church 0.88 - 0.88
Harvest Fellowship 0.24 0.39 0.63
TCVP&R ES Park - 8.10 8.10
TCVP&R TCM Park - 3.98 3.98
LS areas - 69.90 69.90
Future HTC LS areas - 120.00 120.00
HTC Golf Course - 270.00 270.00
Future❑evelopment(Not Platted)
Weld County Development Area 3,100 0.20 620.00 3,100 0.25 775.00 1395.00
ALF 1,930 0.20 386.00 1,930 0.25 482.50 868.50
Jogan Estates(Adams) 3 0.30 0.90 3 0.25 0.75 1.65
Seltzer FT(Adams) 207 0.30 62.10 207 0.25 51.75 113.85
Seltzer Farms(Adams) 501 0.30 150.30 501 0.25 125.25 275.55
Wygant(Adams) 255 0.30 76.50 255 0.25 63.75 140.25
Baseline Lakes-Add'I(Adams) 140 0.30 42.00 140 0.25 35.00 77.00
6,136
Total(Platted) 742.87 1,163.81 1,906.68
Current 591.43 1,144.90 1,736.33
Future 151.43 18.91 170.34
Total(Not Platted) 1,337.80 1,534.00 2,871.80
TOTAL DEMANDS 2,080.67 2,697.81 4,778.48
Notes:
Demands provided by Todd Creek Village Metropolitan District
HTC-replat reduced units from 1,310 to 1,277.
Baseline Lakes-platted for 54 units
December 17,2019
Jehn Water Consultants,Inc. Job No.814.1
TABLE 5
USGS 06720500 SOUTH PLATTE RIVER AT HENDERSON, CO
Colorado DWR Calculated Monthly Totals
(Acre-Feet)
Water
Year Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Annual Total
1993 15,842 17,826 17,068 19,234 20,539 19,224 21,721 32,279 34,910 25,210 18,300 16,891 259,045
1994 14,547 12,936 16,336 12,823 15,138 17,110 25,012 33,882 16,562 18,034 12,478 15,926 210,785
1995 12,072 12,123 11,915 11,375 8,136 16,410 115,204 285,386 197,001 37,512 34,622 21,741 763,497
1996 20,615 17,322 21,737 17,524 15,614 14,017 40,053 50,169 35,394 26,517 26,936 19,004 304,902
1997 17,387 19,036 21,674 19,482 13,551 24,724 25,282 121,287 49,770 70,144 32,654 39,091 454,083
1998 26,388 30,316 32,198 19,180 31,819 75,845 106,280 44,424 62,633 43,697 21,319 20,386 514,486
1999 26,690 27,916 22,505 13,609 12,417 52,547 116,386 152,730 53,820 91,158 34,509 32,164 636,450
2000 30,209 22,088 32,736 22,104 24,219 21,231 32,884 31,619 36,522 26,960 16,237 17,756 314,565
2001 16,846 15,467 17,042 20,946 22,717 28,632 49,393 34,935 39,692 26,906 17,615 24,601 314,793
2002 19,067 16,086 15,237 17,540 19,839 12,647 19,411 14,827 12,085 10,035 15,549 11,889 184,212
2003 15,570 10,477 13,740 16,300 29,003 27,412 38,754 62,808 29,185 21,525 11,558 8,481 284,813
2004 11,256 11,806 11,522 17,562 17,852 22,802 20,242 30,871 38,520 39,204 19,208 22,947 263,792
2005 16,318 16,376 12,472 12,909 13,454 43,744 47,283 66,991 25,292 30,994 14,874 26,067 326,774
2006 11,709 12,082 11,203 13,077 16,058 11,832 21,531 30,191 39,856 32,996 14,341 18,365 233,240
2007 16,554 17,774 17,885 24,103 46,396 71,852 186,608 99,889 42,530 32,379 15,432 19,411 590,813
2008 26,422 12,744 13,932 22,108 23,021 16,098 31,210 42,145 40,628 34,275 18,454 14,049 295,087
2009 20,456 16,481 17,572 14,783 15,420 34,473 51,938 131,784 48,939 20,174 16,021 18,093 406,134
2010 32,908 19,163 11,808 15,289 31,298 57,226 59,864 79,023 30,744 31,292 12,292 13,595 394,500
2011 23,971 16,066 13,561 11,165 11,127 13,865 29,943 46,283 98,794 23,088 14,848 18,246 320,958
2012 24,508 14,214 11,959 17,066 16,243 16,683 18,796 18,494 17,227 11,909 16,929 12,199 196,226
2013 15,334 14,876 15,085 13,514 16,300 13,583 23,776 30,516 27,460 21,041 93,597 32,240 317,322
2014 25,430 18,155 16,705 15,396 21,281 19,234 58,954 89,722 54,677 27,805 19,444 35,477 402,280
2015 25,185 18,673 21,170 21,515 25,901 37,068 236,576 306,649 124,358 26,855 16,120 26,430 886,498
2016 32,502 23,860 19,297 18,593 28,691 82,085 119,704 89,037 30,308 21,690 11,623 10,673 488,064
2017 14,604 19,232 19,388 15,612 15,344 16,393 46,998 49,416 35,355 28,939 15,943 17,992 295,218
2018 19,702 15,588 15,808 12,891 19,747 13,434 26,404 26,531 22,945 15,106 13,751 12,018 213,926
Average 20,465 17,257 17,368 16,758 20,428 30,007 60,392 76,996 47,893 30,594 21,333 20,221 379,710
Minimum 11,256 10,477 11,203 11,165 8,136 11,832 18,796 14,827 12,085 10,035 11,558 8,481 184,212
Maximum 32,908 30,316 32,736 24,103 46,396 82,085 236,576 306,649 197,001 91,158 93,597 39,091 886,498
Data downloaded 05/03/2017 -updated 12/11/2019
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 6
BRIGHTON DITCH DIVERSION HISTORY
Monthly Totals
(Acre-Feet)
Water
Year Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Annual Total
1993 0 0 0 0 0 985 1,795 1,916 2,477 1,494 808 127 9,602
1994 0 0 0 0 268 949 2,060 2,070 1,410 1,479 1,215 416 9,867
1995 0 0 0 0 525 1,370 1,236 1,314 2,692 2,789 1,545 54 11,526
1996 0 0 0 0 152 1,824 2,111 2,152 2,599 1,684 529 0 11,051
1997 0 0 0 0 104 1,613 2,646 1,693 2,396 1,402 793 0 10,648
1998 0 0 0 0 0 977 1,714 2,116 2,449 2,059 1,899 245 11,457
1999 0 0 0 0 779 991 1,295 1,632 2,751 1,715 774 623 10,560
2000 0 0 0 0 928 979 1,776 2,215 1,997 1,617 843 766 11,120
2001 0 0 0 0 155 1,410 912 1,385 2,153 1,668 853 504 9,042
2002 0 0 0 0 0 1,417 1,481 1,272 1,373 1,353 1,147 1,025 9,069
2003 152 0 0 0 0 1,213 799 1,639 1,891 1,431 1,121 796 9,042
2004 143 0 0 0 644 1,893 1,873 1,266 2,017 2,034 1,143 716 11,729
2005 87 0 0 0 75 945 812 765 1,431 1,559 1,253 398 7,326
2006 16 0 0 0 65 1,432 1,449 1,767 1,430 1,317 979 785 9,240
2007 0 0 0 0 0 303 958 1,369 1,582 1,473 1,129 686 7,500
2008 0 0 0 0 154 1,193 1,490 1,134 1,735 1,065 1,034 1,019 8,824
2009 0 0 0 0 382 486 717 653 1,685 1,319 797 548 6,586
2010 0 0 0 0 0 284 662 988 1,321 1,084 768 598 5,704
2011 35 0 0 0 382 1,041 906 1,685 1,895 1,550 1,265 565 9,324
2012 0 0 0 0 426 1,192 1,085 1,129 1,261 1,233 974 714 8,014
2013 0 0 0 0 13 361 722 1,192 1,329 1,437 487 0 5,543
2014 0 0 0 0 0 1,397 1,452 1,692 1,745 1,175 797 713 8,970
2015 105 0 0 0 0 933 668 846 921 1,958 1,415 675 7,522
2016 93 0 0 0 49 313 317 1,038 1,560 1,507 988 612 6,477
2017 0 0 0 0 0 887 725 1,428 1,737 1,364 1,069 692 7,901
2018 0 0 0 0 0 652 1,232 1,237 1,254 1,269 1,060 846 7,551
Average 24 0 0 0 196 1,040 1,265 1,446 1,811 1,540 1,026 543 8,892
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 7
UNITED RESERVOIR 3 DIVERSION HISTORY
Monthly Totals
(Acre-Feet)
Water
Year Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Annual Total
1993 0 0 0 0 0 0 0 0 0 0 0 0 0
1994 0 0 0 0 0 0 0 0 0 0 0 0 0
1995 0 0 0 0 0 0 0 0 0 0 0 0 0
1996 0 0 0 0 0 0 0 0 0 0 0 0 0
1997 0 0 0 0 0 0 0 0 0 0 0 0 0
1998 0 0 0 0 0 0 0 0 0 0 0 0 0
1999 0 0 0 0 0 0 0 0 0 0 0 0 0
2000 0 0 0 0 0 0 0 0 0 0 0 0 0
2001 0 0 0 0 0 0 0 0 0 0 0 0 0
2002 0 0 0 0 0 0 0 0 0 0 0 0 0
2003 0 0 0 0 0 0 0 0 0 0 0 0 0
2004 0 0 0 0 0 0 0 0 0 0 0 0 0
2005 0 0 0 0 0 0 0 0 0 0 0 0 0
2006 0 0 0 0 0 0 0 0 0 0 0 0 0
2007 0 0 0 0 0 0 0 0 0 0 0 0 0
2008 0 0 0 0 103 2 0 0 0 0 0 0 105
2009 0 0 0 93 93 37 0 0 0 0 0 0 224
2010 0 0 0 186 187 74 0 0 0 0 0 318 765
2011 0 0 0 0 0 0 0 0 0 0 0 0 0
2012 536 531 228 0 0 0 0 0 0 0 0 0 1,295
2013 382 672 674 601 937 226 415 247 114 111 1,731 1,352 7,463
2014 83 451 788 114 121 112 201 189 408 191 154 33 2,843
2015 67 490 586 292 72 122 118 112 108 119 120 278 2,485
2016 552 369 119 112 91 116 119 114 113 133 175 180 2,194
2017 63 99 2,227 1,054 545 576 464 113 79 216 338 522 6,296
2018 0 0 305 278 307 207 223 0 0 0 0 0 1,319
Average 65 100 189 105 144 87 91 46 48 45 148 158 961
Notes: 2011 Diversion records show data unavailable- assumed no diversions.
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 8
FREE RIVER AT TCVMD ON THE SOUTH PLATTE RIVER
Number of Days In-Priority
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 30 31 31 28 31 30 11 10 0 0 18 31 251
1994 30 31 31 28 31 17 0 0 0 0 0 13 181
1995 30 7 9 13 18 3 30 30 31 31 18 31 251
1996 30 5 29 29 31 8 9 30 2 4 21 31 229
1997 30 31 31 28 31 28 31 30 14 31 30 31 346
1998 30 31 31 28 31 30 31 19 8 9 17 31 296
1999 30 31 31 28 15 9 31 30 11 31 30 31 308
2000 30 31 31 29 31 25 5 0 0 0 0 0 182
2001 0 19 31 28 31 30 20 14 4 0 23 31 231
2002 30 31 31 28 31 17 1 0 0 0 0 0 169
2003 0 0 0 0 0 0 0 1 0 0 0 0 1
2004 0 0 0 0 0 0 0 2 0 0 1 0 3
2005 0 0 0 0 0 1 0 18 0 0 0 3 22
2006 0 0 0 2 6 4 0 0 1 0 0 4 17
2007 0 7 10 7 0 13 31 20 0 0 0 0 88
2008 0 14 21 0 0 0 0 0 0 3 0 0 38
2009 0 10 0 0 0 7 5 28 9 1 7 31 98
2010 31 31 31 10 28 27 31 25 0 1 0 8 223
2011 0 0 30 28 15 0 16 30 25 0 15 31 190
2012 30 31 31 29 22 0 0 0 0 0 0 0 143
2013 0 0 0 0 8 0 14 22 0 0 21 31 96
2014 6 30 31 29 31 21 20 30 23 22 30 31 304
2015 30 31 31 28 31 20 31 30 30 0 1 31 294
2016 30 31 31 29 31 30 31 26 0 0 0 0 239
2017 0 7 27 21 13 0 14 19 0 0 3 29 133
2018 0 17 31 28 31 8 16 5 0 0 0 0 136
Average 15 18 22 18 19 13 15 16 6 5 9 17 172
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 9
ADJUSTED SOUTH PLATTE RIVER AVAILABILITY AT TCVMD
Monthly Totals
(Acre-Feet)
Water
Year Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Annual Total
1993 14,593 16,534 15,777 18,068 19,248 16,989 18,635 29,114 32,433 23,717 16,243 15,474 236,823
1994 13,297 11,645 15,045 11,657 13,579 14,911 22,952 31,813 15,152 16,555 11,264 14,218 192,087
1995 10,822 10,832 10,624 10,209 6,320 13,790 112,677 282,822 193,018 33,432 31,827 20,396 736,768
1996 19,365 16,031 20,446 16,316 14,171 10,944 36,651 46,767 31,503 23,542 25,157 17,713 278,605
1997 16,138 17,744 20,382 18,316 12,156 21,862 21,344 118,345 46,082 67,451 30,611 37,800 428,231
1998 25,139 29,025 30,907 18,014 30,528 73,619 103,275 41,059 58,893 40,346 18,170 18,851 487,825
1999 25,440 26,625 21,214 12,442 10,346 50,306 113,800 149,847 49,778 88,151 32,486 30,250 610,686
2000 28,959 20,797 31,444 20,896 22,000 19,003 29,817 29,404 34,525 25,343 15,394 16,991 294,573
2001 16,846 14,176 15,751 19,779 21,271 25,972 47,189 32,300 36,247 25,238 15,512 22,806 293,089
2002 17,818 14,795 13,946 16,374 18,548 9,980 17,304 13,555 10,712 8,681 14,401 10,864 166,977
2003 15,419 10,477 13,740 16,300 29,003 26,199 37,954 59,919 27,294 20,093 10,437 7,686 274,521
2004 11,113 11,806 11,522 17,562 17,208 20,909 18,369 28,356 36,503 37,170 17,425 22,231 250,173
2005 16,231 16,376 12,472 12,909 13,379 41,549 46,471 64,976 23,861 29,435 13,621 24,378 315,658
2006 11,693 12,082 11,203 12,143 14,702 9,150 20,082 28,424 37,141 31,678 13,362 16,289 217,948
2007 16,554 16,483 16,594 22,937 46,396 70,300 184,359 97,271 40,948 30,906 14,303 18,724 575,774
2008 26,422 11,453 12,641 22,108 22,764 14,903 29,720 41,012 38,893 31,918 17,420 13,030 282,284
2009 20,456 15,190 17,572 14,690 14,945 32,701 49,930 129,881 45,963 18,204 13,974 16,254 389,760
2010 31,659 17,871 10,517 13,936 29,820 55,619 57,911 76,785 29,423 29,199 11,524 11,388 375,650
2011 23,936 16,066 12,270 9,999 9,454 12,823 27,746 43,349 95,607 21,538 12,334 16,390 301,512
2012 22,723 12,392 10,439 15,858 14,525 15,491 17,710 17,365 15,966 10,676 15,955 11,485 180,585
2013 14,952 14,204 14,410 12,913 14,059 12,996 21,348 27,827 26,016 19,493 90,130 29,597 297,944
2014 24,097 16,413 14,626 14,116 19,869 16,476 56,009 86,592 51,234 25,148 17,244 33,440 375,264
2015 23,762 16,891 19,292 20,057 24,537 34,763 234,499 304,442 122,038 24,777 14,047 24,186 863,291
2016 30,607 22,199 17,887 17,273 27,260 80,407 117,977 86,636 28,635 20,049 10,460 9,881 469,270
2017 14,541 17,841 15,871 13,391 13,508 14,930 44,518 46,626 33,540 27,359 13,287 15,487 270,899
2018 19,702 14,297 14,212 11,447 18,149 11,326 23,658 24,044 21,691 13,837 12,691 11,172 196,225
Average 19,703 16,163 16,185 15,758 19,144 27,997 58,150 74,559 45,504 28,613 19,588 18,730 360,093
Notes: Adjustment made for diversion at Brighton Ditch, United No. 3 and Mann Lakes
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 10
WATER AVAILABLE IN-PRIORITY TO A JUNIOR SOUTH PLATTE RIVER WATER RIGHT
AT TCVMD
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 14,593 16,534 15,777 18,068 19,248 16,989 6,612 9,705 0 0 9,746 15,474 142,745
1994 13,297 11,645 15,045 11,657 13,579 8,449 0 0 0 0 0 5,962 79,635
1995 10,822 2,446 3,084 4,740 3,670 1,379 109,042 282,822 193,018 33,432 19,096 20,396 683,947
1996 19,365 2,586 19,127 16,316 14,171 2,918 10,641 46,767 2,032 3,038 17,610 17,713 172,283
1997 16,138 17,744 20,382 18,316 12,156 20,405 21,344 118,345 20,811 67,451 30,611 37,800 401,503
1998 25,139 29,025 30,907 18,014 30,528 73,619 103,275 26,004 15,198 11,713 10,296 18,851 392,569
1999 25,440 26,625 21,214 12,442 5,006 15,092 113,800 149,847 17,663 88,151 32,486 30,250 538,017
2000 28,959 20,797 31,444 20,896 22,000 15,836 4,809 0 0 0 0 0 144,741
2001 0 8,689 15,751 19,779 21,271 25,972 30,445 15,073 4,677 0 11,893 22,806 176,356
2002 17,818 14,795 13,946 16,374 18,548 5,655 558 0 0 0 0 0 87,694
2003 0 0 0 0 0 0 0 1,997 0 0 0 0 1,997
2004 0 0 0 0 0 0 0 1,890 0 0 581 0 2,471
2005 0 0 0 0 0 1,385 0 38,985 0 0 0 2,359 42,730
2006 0 0 0 867 2,846 1,220 0 0 1,198 0 0 2,102 8,233
2007 0 3,722 5,353 5,734 0 30,463 184,359 64,847 0 0 0 0 294,478
2008 0 5,172 8,563 0 0 0 0 0 0 3,089 0 0 16,824
2009 0 4,900 0 0 0 7,630 8,053 121,222 13,344 587 3,261 16,254 175,252
2010 32,714 17,871 10,517 4,977 26,934 50,057 57,911 63,988 0 942 0 2,939 268,849
2011 0 0 11,874 9,999 4,575 0 14,320 43,349 77,103 0 6,167 16,390 183,776
2012 22,723 12,392 10,439 15,858 10,308 0 0 0 0 0 0 0 71,720
2013 0 0 0 0 3,628 0 9,641 20,407 0 0 63,091 29,597 126,363
2014 4,819 15,884 14,626 14,620 19,869 11,533 36,135 86,592 38,012 17,847 17,244 33,440 310,621
2015 23,762 16,891 19,292 20,057 24,537 23,175 234,499 304,442 118,101 0 468 24,186 809,411
2016 30,607 22,199 17,887 17,273 27,260 80,407 117,977 75,084 0 0 0 0 388,694
2017 0 4,029 13,823 10,044 5,665 0 20,105 29,530 0 0 1,329 14,488 99,011
2018 0 7,840 14,212 11,447 18,149 3,020 12,211 4,007 0 0 0 0 70,886
Average 11,008 10,069 12,049 10,288 11,690 15,200 42,144 57,881 19,275 8,702 8,611 11,962 218,877
Avg cfs 185 164 196 185 190 256 686 973 314 142 145 195
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 11
WATER AVAILABLE IN-PRIORITY TO A JUNIOR SOUTH PLATTE RIVER WATER RIGHT AT TCVMD
With a Diversion Limitation of 40 cfs on the South Platte River
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 2,380 2,460 2,460 2,222 2,460 2,380 873 793 0 0 1,428 2,460 19,914
1994 2,380 2,460 2,460 2,222 2,460 1,349 0 0 0 0 0 1,031 14,361
1995 2,380 555 714 1,031 1,428 238 2,380 2,380 2,460 2,460 1,428 2,460 19,914
1996 2,380 397 2,301 2,301 2,460 635 714 2,380 159 317 1,666 2,460 18,169
1997 2,380 2,460 2,460 2,222 2,460 2,222 2,460 2,380 1,111 2,460 2,380 2,460 27,452
1998 2,380 2,460 2,460 2,222 2,460 2,380 2,460 1,507 635 714 1,349 2,460 23,485
1999 2,380 2,460 2,460 2,222 1,190 714 2,460 2,380 873 2,460 2,380 2,460 24,437
2000 2,380 2,460 2,460 2,301 2,460 1,984 397 0 0 0 0 0 14,440
2001 0 1,507 2,460 2,222 2,460 2,380 1,587 1,111 317 0 1,825 2,460 18,328
2002 2,380 2,460 2,460 2,222 2,460 1,349 79 0 0 0 0 0 13,408
2003 0 0 0 0 0 0 0 79 0 0 0 0 79
2004 0 0 0 0 0 0 0 159 0 0 79 0 238
2005 0 0 0 0 0 79 0 1,428 0 0 0 238 1,745
2006 0 0 0 159 476 317 0 0 79 0 0 317 1,349
2007 0 555 793 555 0 1,031 2,460 1,587 0 0 0 0 6,982
2008 0 1,111 1,666 0 0 0 0 0 0 238 0 0 3,015
2009 0 793 0 0 0 555 397 2,222 714 79 555 2,460 7,775
2010 2,460 2,460 2,460 793 2,222 2,142 2,460 1,984 0 79 0 635 17,693
2011 0 0 2,380 2,222 1,190 0 1,269 2,380 1,984 0 1,190 2,460 15,075
2012 2,380 2,460 2,460 2,301 1,745 0 0 0 0 0 0 0 11,346
2013 0 0 0 0 635 0 1,111 1,745 0 0 1,666 2,460 7,617
2014 476 2,380 2,460 2,301 2,460 1,666 1,587 2,380 1,825 1,745 2,380 2,460 24,119
2015 2,380 2,460 2,460 2,222 2,460 1,587 2,460 2,380 2,380 0 79 2,460 23,326
2016 2,380 2,460 2,460 2,301 2,460 2,380 2,460 2,063 0 0 0 0 18,962
2017 0 555 2,142 1,666 1,031 0 1,111 1,507 0 0 238 2,301 10,552
2018 0 1,349 2,460 2,222 2,460 635 1,269 397 0 0 0 0 10,790
Average 1,211 1,395 1,709 1,459 1,517 1,001 1,153 1,279 482 406 717 1,309 13,637
40 cfs = 79.34
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 12
WATER AVAILABLE IN-PRIORITY TO A JUNIOR SOUTH PLATTE RIVER WATER RIGHT
AT MANN LAKES RESERVOIR
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 15,842 17,826 17,068 19,234 20,539 19,224 7,708 10,760 0 0 10,980 16,891 156,072
1994 14,547 12,936 16,336 12,823 15,138 9,695 0 0 0 0 0 6,678 88,155
1995 12,072 2,737 3,459 5,281 4,724 1,641 111,487 285,386 197,001 37,512 20,773 21,741 703,816
1996 20,615 2,794 20,335 17,524 15,614 3,738 11,628 50,169 2,283 3,422 18,855 19,004 185,980
1997 17,387 19,036 21,674 19,482 13,551 23,076 25,282 121,287 22,477 70,144 32,654 39,091 425,141
1998 26,388 30,316 32,198 19,180 31,819 75,845 106,280 28,135 16,163 12,686 12,081 20,386 411,479
1999 26,690 27,916 22,505 13,609 6,008 15,764 116,386 152,730 19,098 91,158 34,509 32,164 558,535
2000 30,209 22,088 32,736 22,104 24,219 17,693 5,304 0 0 0 0 0 154,352
2001 0 9,480 17,042 20,946 22,717 28,632 31,867 16,303 5,122 0 13,505 24,601 190,215
2002 19,067 16,086 15,237 17,540 19,839 7,167 626 0 0 0 0 0 95,563
2003 0 0 0 0 0 0 0 2,094 0 0 0 0 2,094
2004 0 0 0 0 0 0 0 2,058 0 0 640 0 2,698
2005 0 0 0 0 0 1,458 0 40,194 0 0 0 2,523 44,175
2006 0 0 0 934 3,108 1,578 0 0 1,286 0 0 2,370 9,275
2007 0 4,014 5,769 6,026 0 31,136 186,608 66,593 0 0 0 0 300,145
2008 0 5,755 9,438 0 0 0 0 0 0 3,317 0 0 18,510
2009 0 5,316 0 0 0 8,044 8,377 122,998 14,208 651 3,738 18,093 181,426
2010 34,005 19,163 11,808 5,460 28,269 51,503 59,864 65,852 0 1,009 0 3,508 280,442
2011 0 0 13,124 11,165 5,384 0 15,454 46,283 79,673 0 7,424 18,246 196,754
2012 24,508 14,214 11,959 17,066 11,527 0 0 0 0 0 0 0 79,274
2013 0 0 0 0 4,207 0 10,738 22,379 0 0 65,518 32,240 135,081
2014 5,086 17,569 16,705 15,946 21,281 13,464 38,035 89,722 40,567 19,732 19,444 35,477 333,028
2015 25,185 18,673 21,170 21,515 25,901 24,712 236,576 306,649 120,346 0 537 26,430 827,693
2016 32,502 23,860 19,297 18,593 28,691 82,085 119,704 77,166 0 0 0 0 401,898
2017 0 4,343 16,887 11,709 6,435 0 21,225 31,297 0 0 1,594 16,831 110,320
2018 0 8,548 15,808 12,446 19,747 3,582 13,628 4,422 0 0 0 0 78,182
Average 11,696 10,872 13,098 11,099 12,643 16,155 43,338 59,326 19,932 9,217 9,317 12,934 229,627
Avg cfs 197 177 213 200 206 272 705 997 324 150 157 210
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 13
WATER AVAILABLE IN-PRIORITY TO A JUNIOR SOUTH PLATTE RIVER WATER RIGHT AT MANN LAKES
With a Diversion Limitation of 21 cfs on the South Platte River
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 0 0 1,250 1,291 12,621
1994 1,250 1,291 1,291 1,166 1,291 1,250 0 0 0 0 0 1,291 8,831
1995 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
1996 1,250 1,291 1,291 1,208 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,245
1997 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
1998 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
1999 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
2000 1,250 1,291 1,291 1,208 1,291 1,250 1,291 0 0 0 0 0 8,872
2001 0 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 0 1,250 1,291 12,663
2002 1,250 1,291 1,291 1,166 1,291 1,250 626 0 0 0 0 0 8,165
2003 0 0 0 0 0 0 0 1,250 0 0 0 0 1,250
2004 0 0 0 0 0 0 0 1,250 0 0 640 0 1,890
2005 0 0 0 0 0 1,250 0 1,250 0 0 0 1,291 3,790
2006 0 0 0 934 1,291 1,250 0 0 1,286 0 0 1,291 6,052
2007 0 1,291 1,291 1,166 0 1,250 1,291 1,250 0 0 0 0 7,539
2008 0 1,291 1,291 0 0 0 0 0 0 1,291 0 0 3,874
2009 0 1,291 0 0 0 1,250 1,291 1,250 1,291 651 1,250 1,291 9,565
2010 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 0 1,009 0 1,291 12,381
2011 0 0 1,291 1,166 1,291 0 1,291 1,250 1,291 0 1,250 1,291 10,122
2012 1,250 1,291 1,291 1,208 1,291 0 0 0 0 0 0 0 6,331
2013 0 0 0 0 1,291 0 1,291 1,250 0 0 1,250 1,291 6,373
2014 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
2015 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 0 537 1,291 13,200
2016 1,250 1,291 1,291 1,208 1,291 1,250 1,291 1,250 0 0 0 0 10,122
2017 0 1,291 1,291 1,166 1,291 0 1,291 1,250 0 0 1,250 1,291 10,122
2018 0 1,291 1,291 1,166 1,291 1,250 1,291 1,250 0 0 0 0 8,831
Average 673 993 993 895 993 913 918 961 546 411 622 844 9,764
Minimum 0 0 0 0 0 0 0 0 0 0 0 0 1,250
Maximum 1,250 1,291 1,291 1,208 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,245
21 cfs = 41.65 af/day
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 14
TCVMD DEMANDS
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 67 67 67 67 67 67 67 67 67 67 67 67 803
1994 67 67 67 67 67 67 67 67 67 67 67 67 803
1995 67 67 67 67 67 67 67 67 67 67 67 67 803
1996 67 67 67 67 67 67 67 67 67 67 67 67 803
1997 67 67 67 67 67 67 67 67 67 67 67 67 803
1998 67 67 67 67 67 67 67 67 67 67 67 67 803
1999 67 67 67 67 67 67 67 67 67 67 67 67 803
2000 67 67 67 67 67 67 67 67 67 67 67 67 803
2001 67 67 67 67 67 67 67 67 67 67 67 67 803
2002 67 67 67 67 67 67 67 67 67 67 67 67 803
2003 67 67 67 67 67 67 67 67 67 67 67 67 803
2004 67 67 67 67 67 67 67 67 67 67 67 67 803
2005 67 67 67 67 67 67 67 67 67 67 67 67 803
2006 67 67 67 67 67 67 67 67 67 67 67 67 803
2007 67 67 67 67 67 67 67 67 67 67 67 67 803
2008 67 67 67 67 67 67 67 67 67 67 67 67 803
2009 67 67 67 67 67 67 67 67 67 67 67 67 803
2010 67 67 67 67 67 67 67 67 67 67 67 67 803
2011 67 67 67 67 67 67 67 67 67 67 67 67 803
2012 67 67 67 67 67 67 67 67 67 67 67 67 803
2013 67 67 67 67 67 67 67 67 67 67 67 67 803
2014 67 67 67 67 67 67 67 67 67 67 67 67 803
2015 67 67 67 67 67 67 67 67 67 67 67 67 803
2016 67 67 67 67 67 67 67 67 67 67 67 67 803
2017 67 67 67 67 67 67 67 67 67 67 67 67 803
2018 67 67 67 67 67 67 67 67 67 67 67 67 803
Average 67 67 67 67 67 67 67 67 67 67 67 67 803
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 15
TCVMD ESTIMATED RESERVOIR EVAPORATION
Conservative Analysis -Assumed Storage Full
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 7 5 5 6 9 13 19 26 27 22 18 12 168
1994 7 5 5 6 9 13 19 26 27 22 18 12 168
1995 7 5 5 6 9 13 19 26 27 22 18 12 168
1996 7 5 5 6 9 13 19 26 27 22 18 12 168
1997 7 5 5 6 9 13 19 26 27 22 18 12 168
1998 7 5 5 6 9 13 19 26 27 22 18 12 168
1999 7 5 5 6 9 13 19 26 27 22 18 12 168
2000 7 5 5 6 9 13 19 26 27 22 18 12 168
2001 7 5 5 6 9 13 19 26 27 22 18 12 168
2002 7 5 5 6 9 13 19 26 27 22 18 12 168
2003 7 5 5 6 9 13 19 26 27 22 18 12 168
2004 7 5 5 6 9 13 19 26 27 22 18 12 168
2005 7 5 5 6 9 13 19 26 27 22 18 12 168
2006 7 5 5 6 9 13 19 26 27 22 18 12 168
2007 7 5 5 6 9 13 19 26 27 22 18 12 168
2008 7 5 5 6 9 13 19 26 27 22 18 12 168
2009 7 5 5 6 9 13 19 26 27 22 18 12 168
2010 7 5 5 6 9 13 19 26 27 22 18 12 168
2011 7 5 5 6 9 13 19 26 27 22 18 12 168
2012 7 5 5 6 9 13 19 26 27 22 18 12 168
2013 7 5 5 6 9 13 19 26 27 22 18 12 168
2014 7 5 5 6 9 13 19 26 27 22 18 12 168
2015 7 5 5 6 9 13 19 26 27 22 18 12 168
2016 7 5 5 6 9 13 19 26 27 22 18 12 168
2017 7 5 5 6 9 13 19 26 27 22 18 12 168
2018 7 5 5 6 9 13 19 26 27 22 18 12 168
Average 7 5 5 6 9 13 19 26 27 22 18 12 168
Notes: Smith and Signal 2 included in study.
Conservative estimate of evaporation - assumed full year-round
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 16
MANN LAKES ESTIMATED RESERVOIR EVAPORATION
Conservative Analysis -Assumed Storage Full
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 14 10 10 12 19 31 42 51 52 47 35 24 349
1994 14 10 10 12 19 31 42 51 52 47 35 24 349
1995 14 10 10 12 19 31 42 51 52 47 35 24 349
1996 14 10 10 12 19 31 42 51 52 47 35 24 349
1997 14 10 10 12 19 31 42 51 52 47 35 24 349
1998 14 10 10 12 19 31 42 51 52 47 35 24 349
1999 14 10 10 12 19 31 42 51 52 47 35 24 349
2000 14 10 10 12 19 31 42 51 52 47 35 24 349
2001 14 10 10 12 19 31 42 51 52 47 35 24 349
2002 14 10 10 12 19 31 42 51 52 47 35 24 349
2003 14 10 10 12 19 31 42 51 52 47 35 24 349
2004 14 10 10 12 19 31 42 51 52 47 35 24 349
2005 14 10 10 12 19 31 42 51 52 47 35 24 349
2006 14 10 10 12 19 31 42 51 52 47 35 24 349
2007 14 10 10 12 19 31 42 51 52 47 35 24 349
2008 14 10 10 12 19 31 42 51 52 47 35 24 349
2009 14 10 10 12 19 31 42 51 52 47 35 24 349
2010 14 10 10 12 19 31 42 51 52 47 35 24 349
2011 14 10 10 12 19 31 42 51 52 47 35 24 349
2012 14 10 10 12 19 31 42 51 52 47 35 24 349
2013 14 10 10 12 19 31 42 51 52 47 35 24 349
2014 14 10 10 12 19 31 42 51 52 47 35 24 349
2015 14 10 10 12 19 31 42 51 52 47 35 24 349
2016 14 10 10 12 19 31 42 51 52 47 35 24 349
2017 14 10 10 12 19 31 42 51 52 47 35 24 349
2018 14 10 10 12 19 31 42 51 52 47 35 24 349
Average 14 10 10 12 19 31 42 51 52 47 35 24 349
Notes: TCVMD portion of total included (160 acres x 58.15% = 93 acres)
Conservative estimate of evaporation - assumed full year-round
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 17
WATER AVAILABLE IN STORAGE AFTER DEMANDS ARE MET
LIMITED TO 460 of WITHIN DISTRICT
(Acre-Feet)
Water
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT
1993 460 460 460 460 460 460 460 460 367 278 460 460
1994 460 460 460 460 460 460 374 281 187 98 14 460
1995 460 460 460 460 460 460 460 460 460 460 460 460
1996 460 460 460 460 460 460 460 460 460 460 460 460
1997 460 460 460 460 460 460 460 460 460 460 460 460
1998 460 460 460 460 460 460 460 460 460 460 460 460
1999 460 460 460 460 460 460 460 460 460 460 460 460
2000 460 460 460 460 460 460 460 367 274 185 100 22
2001 0 460 460 460 460 460 460 460 460 371 460 460
2002 460 460 460 460 460 460 453 360 267 178 93 15
2003 0 0 0 0 0 0 0 0 0 0 0 0
2004 0 0 0 0 0 0 0 66 0 0 0 0
2005 0 0 0 0 0 0 0 460 367 278 193 352
2006 278 206 134 220 460 460 374 281 267 178 93 332
2007 258 460 460 460 385 460 460 460 367 278 193 114
2008 40 460 460 387 312 232 145 52 0 149 64 0
2009 0 460 388 315 240 460 460 460 460 450 460 460
2010 460 460 460 460 460 460 460 460 367 357 272 460
2011 386 314 460 460 460 380 460 460 460 371 460 460
2012 460 460 460 460 460 380 294 201 107 18 0 0
2013 0 0 0 0 460 380 460 460 367 278 460 460
2014 460 460 460 460 460 460 460 460 460 460 460 460
2015 460 460 460 460 460 460 460 460 460 371 366 460
2016 460 460 460 460 460 460 460 460 367 278 193 114
2017 40 460 460 460 460 380 460 460 367 278 431 460
2018 386 460 460 460 460 460 460 460 367 278 193 114
Average 301 374 374 372 390 386 382 380 332 286 279 306
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 18
DEMANDS MET WITH TCVMD STORAGE
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 67 67 67 67 67 67 67 67 67 67 67 67 803
1994 67 67 67 67 67 67 67 67 67 67 67 67 803
1995 67 67 67 67 67 67 67 67 67 67 67 67 803
1996 67 67 67 67 67 67 67 67 67 67 67 67 803
1997 67 67 67 67 67 67 67 67 67 67 67 67 803
1998 67 67 67 67 67 67 67 67 67 67 67 67 803
1999 67 67 67 67 67 67 67 67 67 67 67 67 803
2000 67 67 67 67 67 67 67 67 67 67 67 67 803
2001 22 67 67 67 67 67 67 67 67 67 67 67 758
2002 67 67 67 67 67 67 67 67 67 67 67 67 803
2003 15 0 0 0 0 0 0 67 0 0 0 0 81
2004 0 0 0 0 0 0 0 67 66 0 67 0 200
2005 0 0 0 0 0 67 0 67 67 67 67 67 402
2006 67 67 67 67 67 67 67 67 67 67 67 67 803
2007 67 67 67 67 67 67 67 67 67 67 67 67 803
2008 67 67 67 67 67 67 67 67 52 67 67 64 786
2009 0 67 67 67 67 67 67 67 67 67 67 67 736
2010 67 67 67 67 67 67 67 67 67 67 67 67 803
2011 67 67 67 67 67 67 67 67 67 67 67 67 803
2012 67 67 67 67 67 67 67 67 67 67 18 0 688
2013 0 0 0 0 67 67 67 67 67 67 67 67 535
2014 67 67 67 67 67 67 67 67 67 67 67 67 803
2015 67 67 67 67 67 67 67 67 67 67 67 67 803
2016 67 67 67 67 67 67 67 67 67 67 67 67 803
2017 67 67 67 67 67 67 67 67 67 67 67 67 803
2018 67 67 67 67 67 67 67 67 67 67 67 67 803
Average 53 57 57 57 59 62 59 67 64 62 62 59 717
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 19
WATER AVAILABLE IN STORAGE AFTER DEMANDS ARE MET
LIMITED TO 1,789 of AT MANN LAKES
(Acre-Feet)
Water
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT
1993 1,236 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,690 1,789 1,789
1994 1,789 1,789 1,789 1,789 1,789 1,789 1,747 1,697 1,644 1,597 1,562 1,789
1995 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789
1996 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789
1997 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789
1998 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789
1999 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789
2000 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,738 1,686 1,639 1,604 1,580
2001 1,520 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,742 1,789 1,789
2002 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,738 1,686 1,639 1,604 1,580
2003 1,513 1,436 1,359 1,280 1,193 1,095 986 1,789 1,670 1,556 1,454 1,363
2004 1,282 1,204 1,127 1,048 962 864 755 1,789 1,736 1,622 1,789 1,698
2005 1,617 1,539 1,462 1,383 1,297 1,789 1,680 1,789 1,737 1,690 1,655 1,789
2006 1,775 1,765 1,754 1,789 1,789 1,789 1,747 1,697 1,789 1,742 1,707 1,789
2007 1,775 1,789 1,789 1,789 1,770 1,789 1,789 1,789 1,737 1,690 1,655 1,630
2008 1,616 1,789 1,789 1,777 1,758 1,726 1,684 1,634 1,567 1,789 1,754 1,727
2009 1,646 1,789 1,779 1,766 1,747 1,789 1,789 1,789 1,789 1,789 1,789 1,789
2010 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,789 1,754 1,789
2011 1,775 1,765 1,789 1,789 1,789 1,758 1,789 1,789 1,789 1,742 1,789 1,789
2012 1,789 1,789 1,789 1,789 1,789 1,758 1,716 1,665 1,613 1,566 1,482 1,391
2013 1,310 1,233 1,156 1,076 1,789 1,758 1,789 1,789 1,737 1,690 1,789 1,789
2014 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789
2015 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,742 1,789 1,789
2016 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,690 1,655 1,630
2017 1,616 1,789 1,789 1,789 1,789 1,758 1,789 1,789 1,737 1,690 1,789 1,789
2018 1,775 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,690 1,655 1,630
Average 1,681 1,720 1,708 1,697 1,712 1,719 1,704 1,767 1,737 1,712 1,715 1,717
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 20
TOTAL DEMANDS MET
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 67 67 67 67 67 67 67 67 67 67 67 67 803
1994 67 67 67 67 67 67 67 67 67 67 67 67 803
1995 67 67 67 67 67 67 67 67 67 67 67 67 803
1996 67 67 67 67 67 67 67 67 67 67 67 67 803
1997 67 67 67 67 67 67 67 67 67 67 67 67 803
1998 67 67 67 67 67 67 67 67 67 67 67 67 803
1999 67 67 67 67 67 67 67 67 67 67 67 67 803
2000 67 67 67 67 67 67 67 67 67 67 67 67 803
2001 67 67 67 67 67 67 67 67 67 67 67 67 803
2002 67 67 67 67 67 67 67 67 67 67 67 67 803
2003 67 67 67 67 67 67 67 67 67 67 67 67 803
2004 67 67 67 67 67 67 67 67 67 67 67 67 803
2005 67 67 67 67 67 67 67 67 67 67 67 67 803
2006 67 67 67 67 67 67 67 67 67 67 67 67 803
2007 67 67 67 67 67 67 67 67 67 67 67 67 803
2008 67 67 67 67 67 67 67 67 67 67 67 67 803
2009 67 67 67 67 67 67 67 67 67 67 67 67 803
2010 67 67 67 67 67 67 67 67 67 67 67 67 803
2011 67 67 67 67 67 67 67 67 67 67 67 67 803
2012 67 67 67 67 67 67 67 67 67 67 67 67 803
2013 67 67 67 67 67 67 67 67 67 67 67 67 803
2014 67 67 67 67 67 67 67 67 67 67 67 67 803
2015 67 67 67 67 67 67 67 67 67 67 67 67 803
2016 67 67 67 67 67 67 67 67 67 67 67 67 803
2017 67 67 67 67 67 67 67 67 67 67 67 67 803
2018 67 67 67 67 67 67 67 67 67 67 67 67 803
Average 67 67 67 67 67 67 67 67 67 67 67 67 803
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 21
WATER AVAILABLE IN-PRIORITY TO A JUNIOR SOUTH PLATTE RIVER WATER RIGHT AT TCVMD
With a Diversion Limitation of 40 cfs on the South Platte River
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 2,380 2,460 2,460 2,222 2,460 2,380 873 793 0 0 1,428 2,460 19,914
1994 2,380 2,460 2,460 2,222 2,460 1,349 0 0 0 0 0 1,031 14,361
1995 2,380 555 714 1,031 1,428 238 2,380 2,380 2,460 2,460 1,428 2,460 19,914
1996 2,380 397 2,301 2,301 2,460 635 714 2,380 159 317 1,666 2,460 18,169
1997 2,380 2,460 2,460 2,222 2,460 2,222 2,460 2,380 1,111 2,460 2,380 2,460 27,452
1998 2,380 2,460 2,460 2,222 2,460 2,380 2,460 1,507 635 714 1,349 2,460 23,485
1999 2,380 2,460 2,460 2,222 1,190 714 2,460 2,380 873 2,460 2,380 2,460 24,437
2000 2,380 2,460 2,460 2,301 2,460 1,984 397 0 0 0 0 0 14,440
2001 0 1,507 2,460 2,222 2,460 2,380 1,587 1,111 317 0 1,825 2,460 18,328
2002 2,380 2,460 2,460 2,222 2,460 1,349 79 0 0 0 0 0 13,408
2003 0 0 0 0 0 0 0 0 0 0 0 0 0
2004 0 0 0 0 0 0 0 0 0 0 0 0 0
2005 0 0 0 0 0 0 0 0 0 0 0 0 0
2006 0 0 0 159 476 317 0 0 79 0 0 317 1,349
2007 0 555 793 555 0 1,031 2,460 1,587 0 0 0 0 6,982
2008 0 1,111 1,666 0 0 0 0 0 0 238 0 0 3,015
2009 0 793 0 0 0 555 397 2,222 714 79 555 2,460 7,775
2010 2,460 2,460 2,460 793 2,222 2,142 2,460 1,984 0 79 0 635 17,693
2011 0 0 2,380 2,222 1,190 0 1,269 2,380 1,984 0 1,190 2,460 15,075
2012 2,380 2,460 2,460 2,301 1,745 0 0 0 0 0 0 0 11,346
2013 0 0 0 0 635 0 1,111 1,745 0 0 1,666 2,460 7,617
2014 476 2,380 2,460 2,301 2,460 1,666 1,587 2,380 1,825 1,745 2,380 2,460 24,119
2015 2,380 2,460 2,460 2,222 2,460 1,587 2,460 2,380 2,380 0 79 2,460 23,326
2016 2,380 2,460 2,460 2,301 2,460 2,380 2,460 2,063 0 0 0 0 18,962
2017 0 555 2,142 1,666 1,031 0 1,111 1,507 0 0 238 2,301 10,552
2018 0 1,349 2,460 2,222 2,460 635 1,269 397 0 0 0 0 10,790
Average 1,211 1,395 1,709 1,459 1,517 998 1,153 1,215 482 406 714 1,300 13,558
40 cfs = 79.34
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 22
WATER AVAILABLE IN-PRIORITY TO A JUNIOR SOUTH PLATTE RIVER WATER RIGHT AT MANN LAKES
With a Diversion Limitation of 21 cfs on the South Platte River
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 0 0 1,250 1,291 12,621
1994 1,250 1,291 1,291 1,166 1,291 1,250 0 0 0 0 0 1,291 8,831
1995 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
1996 1,250 1,291 1,291 1,208 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,245
1997 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
1998 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
1999 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
2000 1,250 1,291 1,291 1,208 1,291 1,250 1,291 0 0 0 0 0 8,872
2001 0 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 0 1,250 1,291 12,663
2002 1,250 1,291 1,291 1,166 1,291 1,250 626 0 0 0 0 0 8,165
2003 0 0 0 0 0 0 0 0 0 0 0 0 0
2004 0 0 0 0 0 0 0 0 0 0 0 0 0
2005 0 0 0 0 0 0 0 0 0 0 0 0 0
2006 0 0 0 934 1,291 1,250 0 0 1,286 0 0 1,291 6,052
2007 0 1,291 1,291 1,166 0 1,250 1,291 1,250 0 0 0 0 7,539
2008 0 1,291 1,291 0 0 0 0 0 0 1,291 0 0 3,874
2009 0 1,291 0 0 0 1,250 1,291 1,250 1,291 651 1,250 1,291 9,565
2010 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 0 1,009 0 1,291 12,381
2011 0 0 1,291 1,166 1,291 0 1,291 1,250 1,291 0 1,250 1,291 10,122
2012 1,250 1,291 1,291 1,208 1,291 0 0 0 0 0 0 0 6,331
2013 0 0 0 0 1,291 0 1,291 1,250 0 0 1,250 1,291 6,373
2014 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,204
2015 1,250 1,291 1,291 1,166 1,291 1,250 1,291 1,250 1,291 0 537 1,291 13,200
2016 1,250 1,291 1,291 1,208 1,291 1,250 1,291 1,250 0 0 0 0 10,122
2017 0 1,291 1,291 1,166 1,291 0 1,291 1,250 0 0 1,250 1,291 10,122
2018 0 1,291 1,291 1,166 1,291 1,250 1,291 1,250 0 0 0 0 8,831
Average 673 993 993 895 993 865 918 817 546 411 597 795 9,497
Minimum 0 0 0 0 0 0 0 0 0 0 0 0 0
Maximum 1,250 1,291 1,291 1,208 1,291 1,250 1,291 1,250 1,291 1,291 1,250 1,291 15,245
21 cfs = 41.65 af/day
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 23
WATER AVAILABLE IN STORAGE AFTER DEMANDS ARE MET
LIMITED TO 460 of
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 460 460 460 460 460 460 460 460 367 278 460 460 5,244
1994 460 460 460 460 460 460 374 281 187 98 14 460 4,174
1995 460 460 460 460 460 460 460 460 460 460 460 460 5,520
1996 460 460 460 460 460 460 460 460 460 460 460 460 5,520
1997 460 460 460 460 460 460 460 460 460 460 460 460 5,520
1998 460 460 460 460 460 460 460 460 460 460 460 460 5,520
1999 460 460 460 460 460 460 460 460 460 460 460 460 5,520
2000 460 460 460 460 460 460 460 367 274 185 100 22 4,167
2001 0 460 460 460 460 460 460 460 460 371 460 460 4,971
2002 460 460 460 460 460 460 453 360 267 178 93 15 4,126
2003 0 0 0 0 0 0 0 0 0 0 0 0 0
2004 0 0 0 0 0 0 0 0 0 0 0 0 0
2005 0 0 0 0 0 0 0 0 0 0 0 0 0
2006 0 0 0 86 460 460 374 281 267 178 93 332 2,530
2007 258 460 460 460 385 460 460 460 367 278 193 114 4,354
2008 40 460 460 387 312 232 145 52 0 149 64 0 2,302
2009 0 460 388 315 240 460 460 460 460 450 460 460 4,613
2010 460 460 460 460 460 460 460 460 367 357 272 460 5,136
2011 386 314 460 460 460 380 460 460 460 371 460 460 5,131
2012 460 460 460 460 460 380 294 201 107 18 0 0 3,301
2013 0 0 0 0 460 380 460 460 367 278 460 460 3,324
2014 460 460 460 460 460 460 460 460 460 460 460 460 5,520
2015 460 460 460 460 460 460 460 460 460 371 366 460 5,337
2016 460 460 460 460 460 460 460 460 367 278 193 114 4,631
2017 40 460 460 460 460 380 460 460 367 278 431 460 4,715
2018 386 460 460 460 460 460 460 460 367 278 193 114 4,557
Average 290 366 369 366 390 386 382 360 318 275 272 293 4,067
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 24
WATER AVAILABLE IN STORAGE AFTER DEMANDS ARE MET
LIMITED TO 1,789 of
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 1,236 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,690 1,789 1,789 20,763
1994 1,789 1,789 1,789 1,789 1,789 1,789 1,747 1,697 1,644 1,597 1,562 1,789 20,771
1995 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 21,468
1996 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 21,468
1997 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 21,468
1998 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 21,468
1999 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 21,468
2000 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,738 1,686 1,639 1,604 1,580 20,771
2001 1,520 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,742 1,789 1,789 21,152
2002 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,738 1,686 1,639 1,604 1,580 20,771
2003 1,513 1,436 1,359 1,280 1,193 1,095 986 869 750 636 534 443 12,094
2004 362 284 207 128 42 0 0 0 0 0 0 0 1,022
2005 0 0 0 0 0 0 0 0 0 0 0 0 0
2006 0 0 0 922 1,789 1,789 1,747 1,697 1,789 1,742 1,707 1,789 14,971
2007 1,775 1,789 1,789 1,789 1,770 1,789 1,789 1,789 1,737 1,690 1,655 1,630 20,990
2008 1,616 1,789 1,789 1,777 1,758 1,726 1,684 1,634 1,567 1,789 1,754 1,727 20,611
2009 1,646 1,789 1,779 1,766 1,747 1,789 1,789 1,789 1,789 1,789 1,789 1,789 21,250
2010 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,789 1,754 1,789 21,381
2011 1,775 1,765 1,789 1,789 1,789 1,758 1,789 1,789 1,789 1,742 1,789 1,789 21,351
2012 1,789 1,789 1,789 1,789 1,789 1,758 1,716 1,665 1,613 1,566 1,482 1,391 20,136
2013 1,310 1,233 1,156 1,076 1,789 1,758 1,789 1,789 1,737 1,690 1,789 1,789 18,904
2014 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 21,468
2015 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,742 1,789 1,789 21,421
2016 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,690 1,655 1,630 21,023
2017 1,616 1,789 1,789 1,789 1,789 1,758 1,789 1,789 1,737 1,690 1,789 1,789 21,112
2018 1,775 1,789 1,789 1,789 1,789 1,789 1,789 1,789 1,737 1,690 1,655 1,630 21,009
Average 1,515 1,558 1,549 1,575 1,627 1,617 1,610 1,594 1,569 1,549 1,547 1,548 18,858
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 25
TOTAL DEMANDS MET
(Acre-Feet)
Water Annual
Year NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Total
1993 67 67 67 67 67 67 67 67 67 67 67 67 803
1994 67 67 67 67 67 67 67 67 67 67 67 67 803
1995 67 67 67 67 67 67 67 67 67 67 67 67 803
1996 67 67 67 67 67 67 67 67 67 67 67 67 803
1997 67 67 67 67 67 67 67 67 67 67 67 67 803
1998 67 67 67 67 67 67 67 67 67 67 67 67 803
1999 67 67 67 67 67 67 67 67 67 67 67 67 803
2000 67 67 67 67 67 67 67 67 67 67 67 67 803
2001 67 67 67 67 67 67 67 67 67 67 67 67 803
2002 67 67 67 67 67 67 67 67 67 67 67 67 803
2003 67 67 67 67 67 67 67 67 67 67 67 67 803
2004 67 67 67 67 67 42 0 0 0 0 0 0 376
2005 0 0 0 0 0 0 0 0 0 0 0 0 0
2006 0 0 0 67 67 67 67 67 67 67 67 67 602
2007 67 67 67 67 67 67 67 67 67 67 67 67 803
2008 67 67 67 67 67 67 67 67 67 67 67 67 803
2009 67 67 67 67 67 67 67 67 67 67 67 67 803
2010 67 67 67 67 67 67 67 67 67 67 67 67 803
2011 67 67 67 67 67 67 67 67 67 67 67 67 803
2012 67 67 67 67 67 67 67 67 67 67 67 67 803
2013 67 67 67 67 67 67 67 67 67 67 67 67 803
2014 67 67 67 67 67 67 67 67 67 67 67 67 803
2015 67 67 67 67 67 67 67 67 67 67 67 67 803
2016 67 67 67 67 67 67 67 67 67 67 67 67 803
2017 67 67 67 67 67 67 67 67 67 67 67 67 803
2018 67 67 67 67 67 67 67 67 67 67 67 67 803
Average 62 62 62 64 64 63 62 62 62 62 62 62 748
December 17, 2019
Jehn Water Consultants, Inc. Job No. 814.1
Jelin Water Consultants, Inc. 88 Inverness Circle 1 asL
Water Resources Consulting SuiLe K-102
Celebrating Over 25 Years of Excellence Englewood, Colorado 80112
(303) 321-8335
MEMORANDUM
TO: Don Summers
FROM: Gina Burke
DATE: September 11, 2019
SUBJECT: Todd Creek Village Metropolitan District: Demand Analysis
JOB NO: 814.1
The purpose of this Memorandum is to provide the requested information in regard the
Todd Creek Metropolitan District's (TCVMD) future demands. As you know, we have
completed demand analyses for TCVMD in support of their Water Court applications for
surface water rights on the South Platte River. A summary of those analyses are
provided below.
TCVMD District Demands
The TCVMD service area, depicted in Figure 1, encompasses approximately 12,891
acres, of which approximately 6,833 acres are located in Adams County and 6,058 acres
are located in Weld County. Within the TCVMD Service Area are the following:
• An approved TCVMD PUD in Adams County for 3,139 units.
• The Weld County Dry Creek Regional Urbanization Area (RUA), which is codified
in the Weld County Code in Sections 26-4-10 through 26-4-210, was adopted on
February 23, 2011. The Dry Creek RUA is entirely within the TCVMD Service
Area and TCVMD is listed as the domestic water and sanitation provider
(Appendix 26-B within the RUA). The RUA outlines a projected population range
at build-out of 6,500 to 19,700 residents with residential units ranging from 2,200
Todd Creek Village Metropolitan District
September 11, 2019
Page 2
to 6,600. In addition, there is an estimated 66,000 to 187,000 square-feet of
retail, office and commercial space included in the RUA. The Dry Creek RUA
only covers a small portion of land within the TCVMD Service Area.
• An IGA with Fort Lupton, which projects the development in Weld County within
the District's Service Area to include approximately 14,000 total residential units
and 1,000,000 square-feet of commercial development.
Considering the above, TCVMD projects final build-out, within the current service area,
to be approximately 15,432 residential units, plus commercial and golf course demands.
TCVMD was formed in November 1996 and it currently serves approximately 1,800
customers. Base on TCVMD's available records, since the beginning of 2005, TCVMD
has grown at an average annual rate of 8.54%, as shown in Table 1. Weld County is
projected to have rapid growth in the near future. The Weld County Charter and County
Code states: "The population of over a quarter million residents is expected to double to
nearly half a million by the year 2030." Section 22-1-20, pp.1. The RUA states: "The
proposed Dry Creek RUA is located in one of the fastest growing areas of both Weld
County and the Denver Metro Area, near the developing growth areas of the 1-25 and
U.S. Highway 85 corridors. Surrounding municipal populations are increasing quickly,
and employment and retail opportunities are moving to the area at an accelerated rate.
The Dry Creek RUA is an effort to ensure that future development is compatible with the
existing and future character of the region." Weld County Charter and County Code,
Sec. 26-4-10, pp. 24 (emphasis added).
The U.S. Census household count for the period of 1990 through 2010 shows an
approximate 3% growth rate in Adams County and a 4.4% growth rate in Weld County.
Because a municipal provider must provide water for the highest growth rate possible in
order to ensure that the users have a consistent source of supply, this analysis utilizes
TCVMD's historical growth rate of 8.51% which is a substantiated development
projection based on normal growth within the District.
Jelor Ir er Colmrltants:Iic.
Todd Creek Village Metropolitan District
September 11, 2019
Page 3
Based on TCVMD's growth rate, TCVMD must plan to serve approximately 5,171
residential units by 2028 and approximately 15,432 units at full build-out by 2043, as
shown in Table 2. This projection is further supported by the PUD with Adams County,
the Dry Creek RUA, and the IGA with Fort Lupton. The estimated demands, which are
believed to be reasonably necessary at full build-out, are approximately 10,613 af/yr.
Build-out is estimated to be completed by 2043, but could vary depending on the
housing market and other economic factors. It is our opinion that 27 years is a
reasonable water supply planning period.
The residential demands assume 0.3 af/yr for in-house uses and 0.34 af/yr to meet the
irrigation requirements for approximately 6,000 square-feet of lawn and garden at an
application rate of 2.5 ft/yr. The current commercial demands are based on actual meter
readings from the District. Future commercial demands, outlined in Table 2, are
estimated at 80,000 square-feet. The total estimated demand of 253 af/yr include
estimated potable demands, based on the District's planning numbers of 2 af/yr per
10,000 sqft of commercial space and an irrigation application rate of 2.5 ft/yr.
Commercial full build-out demands include approximately 500,000 square-feet of space,
which includes the 80,000 square-feet discussed prior, and the 2.5 ft/yr irrigation
application rate. The golf course demands of 300 af/yr are based on maximum
demands for the existing golf course at Heritage TCVMD.
Jelor Ir er Colmrltants:Iic.
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Sources: Projection: Job No.814A
Esri USA Topo Maps Basemap UTM NAD83 Prepared By: HLB 02/23/2016
Checked By: GLB 02/23/2016
Jehn Water Consultants, Inc. N
1565 Gilpin
Street TCVMD 1 inch = 4,000 feet Figure
Denver, CO 80218I ' ll W E
(303) 321-8335 Service Area 0 1,7503,500 Feet 1
(303) 321-8346 fax S
www.iehnwater.com
Every effort has been made to ensure the accuracy of the data provided.This shoulc
P:1Todd_Creek_Village1GIS\HLB—MxdlToddCreek—ServlceArea—.mxd be used for mapping purposes only and should not be considered a survey instrument.
TABLE 1
TODD CREEK VILLAGE METROPOLITAN DISTRICT
HISTORIC CUSTOMER COUNT - GROWTH ANALYSIS
End of #of Customers % Growth
2004 744
2005 836 12.4%
2006 1070 28.0%
2007 1158 8.2%
2008 1230 6.2%
2009 1258 2.3%
2010 1317 4.7%
2011 1363 3.5%
2012 1430 4.9%
2013 1533 7.2%
2014 1618 5.5%
2015 1796 11.0%
2016 1969 9.6%
2017 2159 9.6%
2018 2287 5.9%
Average 8.51%
September 11, 2019
Jehn Water Consultants, Inc. Job No. 814.1
TABLE 2
TODD CREEK VILLAGE METROPOLITAN DISTRICT
BUILD-OUT PROJECTIONS
EXISTING FUTURE BUILD-OUT
Demand Demand Demand Demand Demand Demand
Units af/unit af/yr Units af/unit af/yr Units af/unit af/yr
Residential 2,287 0.64 1,464 5,171 0.64 3,309 15,432 0.64 9,876
Commercial - - 100 - - 253 - - 437
Golf Course Irrigation 300 300
Total 1,864 3,562 10,613
2028 2038 2043
Projection (8.5% growth rate): 5,171 11,691 17,580
Notes: Existing Units -currently served or platted to be served as of December 2018
Future Units -those projected to be completed over the next 10 years
Build-Out Units -total units to be developed over the next 25 years
Demands - based on current planning numbers of 0.3 af/yr potable residential and 0.34 af/yr irrigation per unit
(future irrigation demand numbers could range from 0.25 af/unit to 0.34 af/unit)
Commercial -existing demands includes potable and irrigation for the golf course clubhouse and maintenance, District office,
two churches, parks and landscaped areas (existing demands based on current service)
-future demands assume 80,000 square-feet increase
- build-out demands assume approximately 500,000 sqft of commercial
September 11, 2019
lehn Water Consultants, Inc. Job No. 814.1
WATER AND SEWER SERVICE AGREEMENT
(ALF Equinox)
THIS AGREEMENT, made and entered into, effective the I day of S rc-at3,;-\
2008, by and between the TODD CREEK VILLAGE METROPOLITAN DISTRICT, a
quasi-municipal corporation of the State of Colorado, hereinafter referred to as the
"District", and, ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC, a Colorado
limited liability company, hereinafter referred to as the "Applicant"; both parties are
sometimes referred to herein as a "Party" or the "Parties."
RECITALS
WHEREAS, District has the authority to provide water and sewer services to
certain properties within Weld County, Colorado (the "County"); and
WHEREAS, Applicant is the owner of certain real properties in the County, a
legal description of which is attached hereto as Exhibit "A" and incorporated herein by
this reference (the "Property") ; and
WHEREAS, services are not now provided to the Property; and
WHEREAS, Applicant recognizes that the provision of "Services" to the Property
by the District, consisting of potable water, non-potable irrigation water and sanitary
sewer supply, treatment and disposal services, will benefit the Property; and
WHEREAS, Applicant has agreed to certain terms and conditions imposed by the
District in order to obtain needed Services; and
WHEREAS, Applicant is interested in having the Property served by the District,
the provision of Services being subject to the rules and regulations of the District now or
hereafter existing, and subject further to the terms and conditions of this Agreement;
and
WHEREAS, the statutes of the State of Colorado permit District and Applicant to
enter into this Agreement for the provision of Services to the Property, and said
statutes further provide that such Agreement is binding upon the District and Applicant,
and their successors, transferees and assigns;
NOW THEREFORE, in consideration of the mutual covenants and stipulations
herein expressed, District and Applicant agree as follows:
I. PRELIMINARY COVENANTS.
1. Generally.
A. This Agreement is intended to outline the terms and conditions
under which the District will extend Services to Applicant's Property, as it lies, without
1081:257092_6
the boundaries of the District but within the District Service Area as defined below, . In
all cases District and Applicant agree that, except as expressly set forth in this
Agreement, there shall be no differentiation in the availability, extent, quality, use, or
cost of service between the Property and properties within the District Service Area.
The District acknowledges and agrees that the uses anticipated for the Property are
provided for within the District's Rules and Regulations, and the Property is eligible for
the Services in accordance with the terms of this Agreement.
B. Applicant acknowledges and agrees that the Services provided
hereunder include only potable water, non-potable irrigation water and sanitary sewer
supply, treatment and disposal services. To the extent Applicant desires, Applicant
shall be responsible for the construction and provision of all other services, facilities and
related improvements for the Property which are not within the scope of this Agreement,
and in the absence of its specific agreement set forth in writing, the District shall have
no obligation to contribute to any such effort outside the scope of this Agreement.
2. Timing and Fees.
A. District Fees.Applicant and District have negotiated this Agreement
in good faith in the interest of extending Services to the Property and thereby enhancing
the value thereof. In consideration therefor, Applicant hereby agrees to follow all
statutory requirements applicable to the Applicant's obligations hereunder, and to pay
all of its own legal, engineering, or other fees paid or costs incurred, with respect to or
arising out of the proceedings and negotiations culminating in the execution of this
Agreement. As a condition to the connection of and initiation of water and sewer
service to any particular building improvement or separate irrigation facility ("Tap"),
Applicant agrees to pay the District's Tap and Inspection Fees ("Tap Fee") in
accordance with the District's applicable tap fee schedule, as the same may be
amended from time to time, provided the same is uniformly applied by service category
to the District's service areas both within and without its boundaries, including the
Property (collectively the "District Service Area") and subject to the Parties entering into
an agreement addressing the price and timing for payment of Tap Fees ("Tap Purchase
Agreement"). The existing applicable tap fees are set forth on Exhibit "B" hereto but are
subject to amendment as provided herein, and the Parties acknowledge and agree that
the tap fees are reasonably calculated to reimburse the District for the impact of the
costs of the proposed extension of Services in question on the District's service
capacity, recognizing that the extension of Services may require that the District allocate
portions of or expand the capacity of its service systems, presently or in the future, as a
result of the extension of Services to the Property.
B. Fort Lupton Agreement. The Parties acknowledge and agree that
the provision of sanitary sewer collection, transmission and treatment services to the
Property is dependent upon the operation of that certain Intergovernmental Agreement
by and between the City of Fort Lupton and the District, attached hereto as Exhibit "C"
("IGA") and the Parties entering into the Tap Purchase Agreement. Unless otherwise
agreed by the Parties in advance and in writing, the Applicant shall have no obligation to
fund the construction of the capital items described in the IGA as the responsibility of
1081:257092 6
the District, including without limitation the "District Main" and the "Treatment
Expansion."
3. Service Affected by Organization of Special District.
A. Assignment to Successor District.The parties hereto acknowledge
and agree that the District is committing, subject to the terms hereof, to provide
Services to the Property in perpetuity, which commitment contemplates that there will
be put in place a perpetually existing entity to cooperate and coordinate with the District
in the provision of Services and the payment of the costs thereof. Consistent with that
understanding, the provision of Services to the Property is expressly assignable by
Applicant to a Title 32 Special District ("Successor District") organized for the purpose of
providing, at a minimum, potable water, non potable irrigation water, and sanitary sewer
services, facilities and improvements to the Property. The District shall have the right to
review and comment on the water and sewer aspects of any service plan for the
Successor District prior to its submission to Weld County (or any other agency having
jurisdiction), and any reasonable comments shall be considered and applied by the
proponents of the Successor District. The proponents of the Successor District agree to
include a provision in the Successor District's service plan which requires that an IGA
between the District and the Successor District be signed prior to the construction or
financing of any water or sewer Facilities. Upon the organization thereof, with powers
and abilities reasonably acceptable to the District for purposes of effectuating this
Agreement, the Parties acknowledge and agree that this Agreement may be assigned
by Applicant to the Successor District in order to complete the Facilities (as defined
below) and to cooperate and coordinate with the District in the District's provision of
services and facilities contemplated hereby. Where ever the word "Applicant" appears
hereafter, the terms, conditions, covenants and agreements hereof shall apply with
equal force to the Successor District which shall stand in the stead of the Applicant once
organized and subject to this Agreement. The District's obligations under this
Agreement will inure and be owing to: (1) the Successor District on the same terms as
are set forth herein for the Applicant (subject to specific provisions herein pertaining to
the Successor District); (2) the Applicant; or (3) any successor in interest to the
Property, or any portion thereof, undertaking development of any Facilities. Except for
Applicant and the Successor District, each such described successor is herein after
referred to as a "Qualified Successor". Applicant and each Qualified Successor shall
remain a third party beneficiary of the District's obligations hereunder following the
assignment to and succession by the Successor District.
II. CONDITIONS OF WATER AND SEWER SERVICE
1. Extent of Service.
A. Initial Water. Applicant shall, prior to the commencement of the
Services, convey to the District marketable title to all rights water associated with,
appurtenant to or underlying the Property, including but not limited to any decreed
rights. (collectively, the "Initial Water"), together with such well sites and suitable
easements for such wells, to be determined by the parties within one year of the present
1081:257092_p
date. The Parties agree that the Initial Water shall be assumed to provide actual
production of 502 acre feet of water per year which may be used to fulfill the District's
obligation to provide the water service. The Initial Water, and any other water
dedications hereunder, shall be conveyed by special warranty deed, provided that in the
case of any dedications, including the Initial Water, the Applicant will be required to
furnish the District with reasonable evidence of marketable title (e.g., a customary
opinion of water counsel). The foregoing described water rights, and any other water
underlying the Property, may be pumped through wells located within or without the
District or the Property. The Applicant shall execute such further documents as may be
required by law to transfer the right to use Applicant's right, title and interest in any other
water that may underlie the Property in order to allow the District to decree, permit,
withdraw and use such water including, but not limited to deeds and consents to
withdraw.
B. District Water. The District has at its disposal 4,279 acre feet
of water rights either perfected or in the process of the same. The District hereby
recognizes its obligation to provide the Services hereunder and shall make service
available to 3,600 single family equivalent units within the Property.
C. Additional Water. Services to development in excess of that
capable of being served with the Initial Water and the District Water shall be contingent
upon the District's acquisition of additional water rights over and above the Initial Water
and the District Water. The District agrees to use its best efforts to acquire and put
such water rights to use in providing the Services to the Property, provided that
Applicant agrees to enter into tap purchase agreements or other mutually agreeable
funding arrangements to enable the District to fund such acquisitions.
D. Allocation of Taps. Applicant shall have the right to allocate Taps
within the Property as Applicant deems appropriate; provided that as Applicant applies
to the District for specific Services within specific phases of development within the
Property it shall also allocate Taps adequate, in the reasonable determination of the
District, to serve the development within the proposed phase. Applicant shall have the
absolute right to sell or otherwise transfer portions of the Property with or without an
accompanying allocation of Taps, and may retain said allocation rights notwithstanding
the sale or the assignment of this Agreement to a Successor District. Taps may not be
transferred to land outside the Property.
F. Service Facilities. Services to development on the Property shall
be contingent upon Applicant providing, at its sole expense and in accordance with the
design standards and specifications adopted by the District, as the same may be
amended from time to time, for all service facilities in such time frames and phases as
are necessary to extend Services within the Property as development occurs. Service
facilities shall mean raw water supply lines and facilities, treated water distribution lines,
sewage collection lines and/or lift stations, irrigation lines, effluent storage and/or
effluent application areas, and also any meters and telecommunications systems
necessary for tele-monitoring of the Services furnished to the Property from time to time
(collectively, the "Facilities"). Facilities necessary to extend Services to the boundary of
1081:257092 6
the Property, water wells or well equipment, water treatment or storage or sewage
treatment shall be furnished by the District at its sole cost, and are not part of the
Facilities that Applicant must provide. In addition, notwithstanding any implications
herein to the contrary, in the event the District shall determine to change locations for
any Facilities after the same have been initially approved and installed by the Applicant
or its Qualified Successors, then the undertaking and cost of changing the locations,
and correspondingly modifying the Facilities, will be borne and paid solely by the
District.
2. Designation and Utilization of Well Sites.
A. Transfer of sites. Prior to the provision of Services to
development on the Property as it occurs, District shall have the right, with Applicant's
concurrence as set forth below, to designate well sites within or without the District, or to
change and relocate points of diversion of existing well sites. Such designation shall be
made by mutual agreement of the parties, acting reasonably and in good faith, in such
numbers and at such sites as will result in adequate production for a supply of water to
the Property through the District's system. If such sites are on Applicant's property,
Applicant agrees, upon the designation of such well site location or locations, to grant
the District a permanent, non-exclusive easement for utilization for such sites for a
water supply well, together with a permanent, non-exclusive easement for the purpose
of extending any necessary and appurtenant pipelines and facilities to such well sites
and as necessary to provide access to same, and a temporary access easement for the
purpose of constructing the well(s) and appurtenant pipelines and facilities in question
Such easements shall be granted by legally sufficient instruments at no cost to District.
B. Joint Sites. In the event the District deems it appropriate, in the
interest of efficiency and cost savings, the District may designate one or more sites as
joint well sites for the purpose of serving both the Property and other District-system
users. Such sites may be either on or off the Property, and shall be located in
accordance with Section II. 2 A., above.
C. Existing Wells. The Parties acknowledge and agree that the
Property has located upon it permitted well sites, as more specifically shown on Exhibit
E, attached hereto and incorporated herein by this reference, and that the provision of
Services is contingent upon the subject wells and attendant easements (configured as
shown on Exhibit D) being made available for use by the District prior to the provision of
Services to the Property; provided that the District shall cooperate with Applicant and
any Qualified Successor in the selection of alternative locations for the wells and
easements as the same are made productive or as development takes place; but
provided further that in making any such adjustments the wells shall be located and
made productive in a manner which will preserve their legal production capabilities
under Colorado law. Applicant agrees to cooperate with the District to amend the
decrees for any existing wells to allow the District to put them to beneficial use. To that
end the Applicant agrees to execute such further documents as may be required to
amend such decrees.
1081:257092_6
D. Off Site Acquisitions. In any case where a well site is to be located
off the Property pursuant to the foregoing, Applicant shall have no obligation to
contribute to the cost of the District acquiring the site or any requisite interest therein.
3. Commencement of Construction. With respect to the construction of the
Facilities serving the Property Applicant agrees as follows:
A. To obtain the District's approval of the plans and specifications for
the proposed Facilities, which approval shall be consistent with the prevailing standards
and practices of the District, and may not be unreasonably withheld, denied or delayed;
B. To construct all Facilities in compliance with the approved plans
and specifications of the District, and to hold harmless and indemnify the District for any
and all losses or damages it may suffer or may be called upon to pay as a result of said
construction to the extent such losses or damages arise from the Applicant's failure to
construct in material conformity with the approved plans and specifications, or from any
negligence or willful misconduct of the Applicant;
C. To cause all Facilities, whether within or without the Property, to be
placed either in District-approved easements which shall be conveyed to the District, or
in public rights of way, in either event granting to District rights at least equal to rights it
would enjoy in a dedicated street;
D. To permit District or its designee to observe and inspect any and all
of the construction operations and permit the District to order cessation or appropriate
modification of improper construction;
E. To give District reasonable notification (in any event not less than
24 hours) of the time proposed to make connections to the District's then-existing lines
or to place any meters;
F. To abide by all Rules and Regulations of the District, now or
hereafter existing; and
4. Transfer of Facilities. Within thirty (30) days after the date of
completion of the construction of Facilities for each phase of Applicant's project on the
Property, and subject to the District's contemporaneous acceptance of those Facilities
pursuant to Section 11.5 below, Applicant shall:
A. Deliver to District (i) a certificate from a registered professional
engineer (which may be the engineer that provided the engineering services attendant
to the construction of the Facilities) certifying that all Facilities have been built, and
where appropriate are operating, in accordance with the governing plans and
specifications, and (ii) an assignment of any and all applicable contractor, supplier or
manufacturers warranties for the Facilities. If, within one (1) year from the date of such
certification, any approved portion of such Facilities appears to be defective or ceases
to operate as intended then, to the extent the applicable warranties do not remedy the
1081:257092_6
condition in question, the District may demand that Applicant replace the defective or
improperly operating portion or portions of such facilities and remedy said defective
work and Applicant shall promptly do so at its cost and expense.
B. Execute and deliver to District a good and sufficient bill of sale
describing all of the components of the Facilities and all personal property of Applicant,
of whatever character, relating to such Facilities, which bill of sale shall warrant that
conveyance of the property described therein to District is made free from any claim or
demand whatever (but subject to real property interests of record affecting the pertinent
easement areas).
C. Execute and deliver to District good and sufficient instruments of
transfer conveying all of Applicant's interest in any easements which may be required to
give District the right to control the Facilities constructed including the right to ingress
and egress necessary to operate and maintain them. In the case of the streets
constructed by Applicant under which Facilities may lie, the District or the Applicant may
require that their transfer be made directly to the County or such other governmental
entity as may have the authority to accept and maintain streets, and in that event the
transfer and warranty requirements of the County or such other entity shall control and
be complied with by Applicant.
D. Provide District one reproducible mylar of"as-built" drawings of the
Facilities, certified by a registered, professional engineer.
5. Completion of Facilities. In no event shall the District be required to
provide Services to each completed phase on the Property until such time as it, in the
exercise of its reasonable discretion, determines that the Facilities required to serve
said phase have been completed in accordance with the approved plans and
specifications and transferred in accordance with Section 11.4 of this Agreement.
6. Cost Recovery and District Participation.
A. No Revenue Sharing. Except as specifically set forth in this
Agreement, no revenue received by the District from the assessment of service charges
and/or tap fees against the Property, as permitted hereunder and as permitted by the
District's rules and regulations as the same may be amended, shall afford Applicant any
right of offset, rebate or refund for or against any obligation created by this Agreement.
B. Cost Recovery. In the event Applicant is required to oversize
the Facilities, or a portion thereof for the purpose of allowing the District to provide water
and/or sewer service to other properties, or to extend the Facilities from outside the
boundaries of the Property for the purpose of serving the Property, then this shall be
accomplished pursuant to a cost-recovery agreement to be entered into at the time of
construction of the oversized and/or extended Facilities in question which shall provide
for the reimbursement of costs of oversizing or extension as development occurs on the
Property or other benefitted properties on mutually acceptable terms.
1081:257092_6
7. Limitations on Use and Enjoyment. Any easements granted to the District
pursuant to the provisions of this Agreement will be nonexclusive, and will be located so
that the same will not cause any obstruction of or material interference with existing or
prospective development within the Property or any portion thereof from time to time, or
the use and enjoyment thereof, and the locations for well sites and related facilities shall
be determined accordingly.
8. Other Governmental Approvals. The District and the Applicant will be
obligated to make all reasonable, diligent, and good faith efforts to obtain any requisite
permits or approvals for the Facilities that each will respectively construct from other
governmental authorities having jurisdiction, including, without limitation, the North Front
Range Water Quality Authority and the Colorado Department of Public Health and
Environment.
III. OWNERSHIP AND OPERATION OF WATER AND SEWER FACILITIES
1. Facilities. The Parties acknowledge and agree that the Ownership of all
Facilities shall be in the District when accepted by and conveyed to the District in
accordance with Section 11.5 above. The District shall be responsible for the operation
and maintenance of all Facilities subject to Section 2., below.
2. District Operation and Maintenance of the Water and Sewer Facilities. For
purposes of this Agreement and to clarify the continuing obligation of the District to
provide Services to Applicant (and the Successor District and its inhabitants,) the
Property, as the same may be enlarged from time to time as permitted under Section
111.2.1., is hereinafter referred to as the "Contract Service Area."
A. Subject to the execution of a Tap Purchase Agreement, the District
agrees to furnish the Services within the Contract Service Area for all uses and
purposes to which it is lawfully authorized, of a quality, and in quantities so as to provide
adequate Services to all users, except as otherwise specifically provided under the
terms of this Agreement. The Services so rendered by the District shall be pursuant to
the same rules, regulations, policies and standards as the rest of the District Service
Area. Nothing herein, however, shall prohibit the District from amending such rules,
regulations, policies and standards in a fair, reasonable, and nondiscriminatory manner.
B. Applicant grants to the District the right to construct, own, use,
connect, disconnect, modify, renew, extend, enlarge, replace, convey, abandon or
otherwise dispose of any and all of the Facilities for providing Services within the
Contract Service Area and to enable the District to perform its obligations as set forth in
subsection 2. A., above. To implement the purposes of this Agreement Applicant
agrees to exercise such authority, to do such acts, and to grant such easements as may
reasonably be requested by the District and are consistent with Applicant's rights
hereunder.
C. The District agrees to maintain Facilities it owns or which come
under its dominion hereunder by acceptance or otherwise, with reasonable and normal
1081:257092_6
care to the extent that such maintenance is necessary to the furnishing of the Services
provided for hereunder and to construct, operate, maintain and keep a complete
inventory of such additional physical facilities as are necessary or desirable to
accomplish the obligations it has undertaken for Applicant as set forth herein.
D. The District may establish, revise, impose and collect charges for
the Services it provides users in the Contract Service Area hereunder, which charges
shall be referred to as "service charges." In addition, the District may at any time
impose tap fees as described above in this Agreement. Service use charges and tap
fees are separate charges and one does not include the other or any part thereof. All
such fees and charges shall be uniform among members of each class of users within
the District Service Areas. Methods of collection of fees and charges shall be applied
uniformly among similarly situated users within the District Service Area. Tap fees will
be a one-time charge for each discrete development of a parcel or building, payable
prior to the commencement of construction and subsequent provision of water service
to each parcel or building. There will be no "inclusion fees", however denominated, for
the District's general undertaking to furnish Services under this Agreement. Subject to
the foregoing, the District shall have sole authority to impose and collect all fees and
charges; provided, however, that Applicant may request that the District impose for
Applicant's benefit surcharges to the District's service charges and tap fees, in such
amounts as may be reasonably required for the purpose of payment of any
indebtedness incurred in the construction of the Facilities or for the provision of capital
reserves, and the District in its sole discretion may agree to impose and collect such
surcharges in the same manner and along with its own charges. If the District, in its
sole discretion agrees to surcharge the lines, it shall remit the same to Applicant as and
when collected.
E. It is mutually agreed that the duration of this Agreement is such that
the passage of time will require changes in the charges to be made for the Services to
be rendered hereunder in the Contract Service Area, and that the most feasible way to
insure fairness will be to keep charges for the rendering of Services within the Contract
Service Area uniformly related to charges for the rendering of Services inside other
areas of the District Service Area for similar service. It is therefore agreed that the
District may modify the schedule of charges for Services provided hereunder, from time
to time, in its discretion, provided:
(1) Such modification will become effective not earlier than ten
(10) days after any changed schedule of charges shall be duly adopted by the District
for Services provided within the District.
(2) The District will take reasonable steps to notify Applicant and
each user in the Contract Service Area of such change within a reasonable time after
such change shall have been adopted.
(3) The District shall at all times have reasonable discretion to
establish and apply criteria for determining, as to Services provided to both the Property
and the District Service Area, rate structure, necessary plant, plant value, and
1481:257082_6
operation, maintenance and depreciation expenses, provided that the application of
such criteria shall be made upon the same basis with respect to the provision of
Services to the Property and within the District.
F. All the general rules and regulations and amendments thereto
placed in force by the District from time to time concerning the operation of the District's
service systems and conditions of service from those systems shall be as fully
enforceable in the Contract Service Area as rest of the District Service Area. Applicant
shall have the right to make and enforce rules not inconsistent with the District rules to
govern uses in the Contract Service Area, subject to the Districts prior review and
approval of such rules and regulations. Applicant agrees for itself and the Successor
District to exercise any rule making or police power it may have to assist the District in
enforcing the District's rules and regulations including those made to protect purity and
safety of the water supply and to prevent waste of water in the Contract Service Area.
G All water furnished by the District in providing Services hereunder is
on a leasehold basis only for a single use by the users within the Contract Service Area
for the purposes for which the water rights have been decreed. Such right to use the
leased water does not include any right to recapture, reuse or make a succession of
uses of such water and the District retains dominion and control of, and all rights to,
return flows, wastewater and any other water whatsoever remaining after the first use of
the leased water. The District shall be entitled to enter the Property in the future to
install, maintain and inspect necessary measuring devices and equipment to quantify
such return flows, and Applicant hereby grants the District an easement for those
purposes, provided, however, that the exercise of that easement shall not unreasonably
interfere with Applicant's development plans or existing use of the Property. Except as
otherwise provided herein, all property rights to the water being furnished by the District
hereunder are reserved in the District. Nevertheless, it is mutually agreed that there is
no obligation on Applicant or on the users within the Property with respect to creating
any particular volume of return flow from water delivered hereunder.
H. All facilities installed or replaced by the District in the Contract
Service Area shall be installed pursuant to its rules, regulations and standards. Said
facilities shall be the property of the District.
I. No enlargement of the Contract Service Area by Applicant, or any
other amendment of this Agreement, may be made except by mutual agreement
entered into with the same formality as that employed in the execution of this
Agreement.
J. Applicant agrees that it will neither directly nor indirectly furnish, nor
authorize the furnishing, of any Services within the Contract Service Area through the
Facilities so long as the District is in material compliance with its obligations hereunder.
(For purposes of this Section J., if there arises any breach of the District's obligation
hereunder, the District will continue to be in material compliance so long as the District
promptly commences and exercises all reasonable and good faith efforts to cure the
breach upon being given notice thereof and completes the cure within sixty (60) days
1081:257092 6
after receipt of same or, if sixty days is an inadequate time frame under the
circumstances, within such reasonable additional time frame as may actually be
necessary.)
K. In the event, after the assignment hereof to a Successor District as
contemplated herein, the Successor District seeks to dissolve pursuant to C.R.S. 32-1-
701 et seq, as amended, the plan for dissolution required by C.R.S. 32-1-702 shall
specifically provide that Services are to continue to be provided to the Property by the
District.
IV. MISCELLANEOUS
1. Indemnification by Applicant. To the extent permitted by law,
Applicant hereby agrees to defend, indemnify and hold harmless the District from and
against any and all liens, claims, demands, injuries, damages, costs, expenses
(including without limitation reasonable attorneys' and legal assistants' fees) or liability
incurred by or asserted against the District ("Claims") through actions by persons or
entities not party to this Agreement, as a result of or in any way arising out of the
Applicant's installation and construction of the Facilities, except to the extent of the
negligence or willful misconduct of or material breach of this Agreement by the District
or its agents, contractors, independent contractors or employees. Said indemnification
shall include, but not be limited to, court costs, damages, and reasonable attorneys'
fees. In the event of an occurrence or loss out of which a claim arises or could arise,
District agrees to transmit in writing, promptly upon its receipt, any notice or information
received or learned by District concerning such claim. Except at its own cost, or except
as reasonably undertaken with the intent of mitigating its losses, District agrees not to
voluntarily make any payment, assume any obligation or incur any expense in
connection with the subject matter of this subsection. No claim for indemnity under this
paragraph shall lie against the Applicant hereunder unless as a condition precedent
thereto, District has fully complied with the provisions of this Agreement nor until the
amount of District's obligation to pay shall have been fully determined (except again for
sums reasonably incurred by District with the intent of mitigating its losses) and no claim
for indemnity whatsoever shall lie against the Applicant for any Claim made following
the expiration of the one year remedial period for the Facilities dedicated to the District
as described in II.4.A., above except to the extent of negligence or willful misconduct of
or material breach of this Agreement by the Applicant or its agents, contractors,
independent contractors or employees.
2. Indemnification by District. To the extent permitted by law, the District
agrees to save Applicant harmless from and against any and all liens, claims, demands,
injuries, damages, costs, expenses (including without limitation reasonable attorneys'
and legal assistants' fees) or liability incurred by or asserted against the Applicant
through actions by persons or entities not party to this Agreement, arising out of the
District's provision of Services under color of this Agreement, except to the extent of the
negligence or willful misconduct of or material breach of this Agreement by the
Applicant or its agents, contractors, independent contractors or employees. Said
indemnification shall include, but not be limited to, court costs, damages, and
1081:257092_6
reasonable attorneys' fees. In the event of an occurrence or loss out of which a claim
arises or could arise, Applicant agrees to transmit in writing, promptly upon its receipt,
any notice or information received or learned by Applicant concerning such claim.
Except at its own cost, or except as reasonably undertaken with the intent of mitigating
its losses, Applicant agrees not to voluntarily make any payment, assume any obligation
or incur any expense in connection with the subject matter of this subsection. No claim
shall lie against the District hereunder unless as a condition precedent thereto,
Applicant has fully complied with the provisions of this Agreement nor until the amount
of Applicant's obligation to pay shall have been fully determined (except again for sums
reasonably incurred by Applicant with the intent of mitigating its losses).
3. Enforcement.Applicant and District acknowledge and agree that this
Agreement may be enforced in law or in equity by decree of specific performance,
damages, or other legal and equitable relief as may be available to either Party subject
to the provisions of the laws of the State of Colorado; provided that punitive damages
are not recoverable. The Parties specifically acknowledge that the timely performance
of the obligations set forth in this Agreement is essential and that a failure to perform the
obligations in breach of this Agreement may cause the other Party irreparable harm for
which damages or other remedies available at law will not be adequate, and which may
be adequately redressed only by specific performance or other appropriate equitable
relief. The parties agree that in any action to enforce any provision of this Agreement
the prevailing Party shall be entitled to recover from the other Party all of the prevailing
Party's costs and expenses incurred in connection therewith, including reasonable
attorneys' fees.
4. Successors and Assigns; Intergovernmental Agreement.
A. All successors in interest to the Applicant in the ownership of the
Property, or portions thereof, will acquire their interests subject to the conditions,
requirements and limitations placed upon the provision of Services hereunder, and the
authorizations and other rights (including lien rights) in favor of the District, and as such
this Agreement shall constitute covenants running with the Property and shall be
binding upon Applicant and its successors and transferees of the Property, to the extent
of the portions of the Property that each of them owns; provided, however, that when a
successor or transferee becomes entitled to receive Services hereunder, such Services
shall not be conditioned upon or limited or terminated because of any failure, on the part
of some other successor or transferee and with respect to another portion of the
Property to satisfy any conditions, requirements or limitations placed thereon pursuant
to this Agreement. Notwithstanding the foregoing provisions or any other provisions of
this Agreement that may indicate to the contrary, and except to the extent specifically
assumed by any such successor in writing, any such successor will not have any
personal liability for the Applicant's remedial undertakings in relation to the construction
of Facilities, or any other obligations of the Applicant hereunder, except that (i) any such
successor, in its capacity as a recipient of Services, will have the same obligations and
liabilities to the District as are applicable to recipients of Services within the District, and
(ii) any successor will be liable for remedial (under Section I1.4.A. above) and any other
obligations applicable to any Facilities that the successor may construct and dedicate to
1081:257092_6
the District. The foregoing exculpation from personal liability in favor of successors will
not preclude the District from enforcement by equitable remedies in the nature of
specific performance or prohibitory injunctive relief that do not entail the recovery of
damages or other sums or the incurrence of expenditures in order to comply. In order
that notice of the District's authority hereunder may be given to all applicable property
owners, Applicant agrees that this Agreement shall be recorded against the Property
and Applicant agrees that it will not sell and convey any portion of the Property to which
it has allocated Taps prior to the recording of this Agreement against the Property, and
in addition the Applicant shall exercise reasonable and good faith efforts to secure the
requisite consents of the Property's mortgage lender to the terms of this Agreement and
to it being made of record against the Property, and upon the occurrence of the latter
event the Applicant and District shall record this Agreement against the Property
B. Upon the formation of the Successor District, and the assignment of
this Agreement to the Successor District pursuant to the provisions hereof, this
Agreement shall then constitute an intergovernmental agreement authorized pursuant to
C.R.S. ' 29-1-201, et seq. The Applicant will have no obligation or liability under this
Agreement from and after the completion of that assignment. Without diminishing the
rights of enforcement and other interests of the Successor District hereunder, the
District acknowledges that following such assignment the Applicant and its Qualified
Successors will continue to be third party beneficiaries of the District's obligations
hereunder, with rights of direct enforcement.
5. Assignment. Prior to the transfer of the Initial Water as required hereby,
this Agreement may be assigned by Applicant only with the written consent of the
District, which consent may be given or not in the sole discretion of the District
notwithstanding the provisions of Section IV.7., below. Any such attempted assignment
without such consent shall be deemed void and of no force and effect
6. Survival of Obligations. Notwithstanding the prohibition against
unauthorized assignment set forth in Section IV. 5., above, the provisions of this
Agreement shall be deemed to survive any transfer of the Property and shall be binding
upon the successors to, and/or transferees, and assigns of the Applicant's interest in the
Property.
7. Fair Dealing. In all cases where the consent or approval of one Party is
required before the other may act, or where the agreement or cooperation of either or
both parties is separately or mutually required as a legal or practical matter, then in that
event the parties agree that each will act in a fair and reasonable manner with a view to
carrying out the intents and goals of this Agreement as the same are set forth herein,
subject to the terms hereof. In the performance of this Agreement, each Party shall be
bound in accordance with the general rules and principles of the Colorado law of
contracts, and the District, in the exercise of its governmental powers, may not
contravene any of the rights and interests of the Applicant (and its successors) under
this Agreement in violation of the law of contracts; provided, however, that subject to the
other provisions herein, this Agreement shall not be construed as imposing on either
Party any greater duty or obligation to the other than that which already exists as a
1081:2570g2_6
matter of Colorado law, including but not limited to any fiduciary duty or other
responsibility greater than that of reasonable parties contracting at arms length. The
Property will not be bound by or subject to any rules or regulations of the District that
are not also applicable and enforced in the same manner against similarly situated
properties and users of Services within District Service Area. All references in this
Agreement to the District's standards, policies, rules or regulations, or similar
references, shall mean the same as adopted and applied by the District within the
District Service Area, but as the same may be amended from time to time.
Furthermore, notwithstanding any provisions in this Agreement to the contrary, in
furnishing Services to the recipients thereof within the Property, the District will be
bound by the same duties and standards of care as are applicable to and benefit
recipients of Services within the District.
8. Supersedes Prior Agreements. This Agreement supersedes all prior
agreements between the Parties with respect to the Property and shall constitute the
entire agreement of the Parties.
9. Severability. To the extent that this Agreement may be executed and
performance of the obligations of the Parties may be accomplished within the intent of
this Agreement, the terms of this Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other term or provision hereof,
provided that neither Party is materially deprived of the benefit of the intended bargain
hereunder. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term, or the same term upon subsequent breach.
10. Third Parties.lt is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the Parties hereto, and nothing contained in
this Agreement shall give or allow any such claim or right of action by any other or third
person on such Agreement. It is the express intention of the Parties hereto that any
person other than Applicant and the District receiving Services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only. However, the District
specifically acknowledges and agrees that its obligations and undertakings hereunder will
inure to the benefit of and may be enforced by Applicant, the Successor District and
Qualified Successors.
11. Authority and Term. Each Party hereto represents and warrants that all
actions have been taken that are necessary or that are required by its procedures,
bylaws, or applicable law, to legally authorize the undersigned signatory to execute this
Agreement on behalf of such Party and to bind such Party to its provisions, and that
such Party otherwise has all requisite legal authority to bind itself to the provisions
hereof, for the full term of this Agreement, and without any further action on the part of
such Party or any third party or authority.
12. Termination for Breach and Waiver.
1081:257092 6
A. It is essential to the interests of each Party that this Agreement be
maintained in effect, in accordance with its terms, and therefore neither Party shall have
the contract remedy, generally afforded by law, to terminate this Agreement for a breach
of the other Party's obligations hereunder; provided, however, that the foregoing shall
not impair the non-defaulting Party's rights to pursue appropriate equitable relief as
otherwise provided herein, or any express right of termination set forth under the other
provisions of the Agreement.
B. No waiver by any of the Parties of any covenant, term, condition, or
agreement contained herein shall be deemed or construed as a waiver of any other
covenant, term, condition, or agreement, nor shall a waiver of any breach hereof be
deemed to constitute a waiver of any subsequent breach, whether of the same or of a
different provision of this Agreement.
13. Notices. Any and all notices required to be given by this Agreement
are deemed to have been received and to be effective: (1) upon hand delivery, or (2)
upon 3 days after the same shall have been mailed by certified mail, return receipt
requested; to the address of the Parties as set forth below or to such other Party or
addresses as may hereafter be designated in writing.
To Applicant:
TCVN, LLC
c/o Equinox Land Group, Inc.
9055 East Mineral Circle, Suite 100
Centennial, Colorado 80112
Attn.: Gene A. Osborne
To District:
Todd Creek Village Metropolitan District
21 North 1stAvenue, Suite 190
Brighton, Colorado 80601
Attention: James Worley, Manager
14. Incorporation of Exhibits. All Exhibits attached hereto and referenced
herein are incorporated into this Agreement by this reference.
15. Governing Law, Venue, This Contract shall be construed in accordance
with the laws of the State of Colorado. Venue shall be in the District Court in and for the
County of Weld, State of Colorado.
16. Estoppel Certificates. With fifteen (15) business days after request
therefor from time to time by notice, the Party which is the recipient of the request shall
1081:257092 6
execute and deliver an estoppel certificate confirming that this Agreement remains in full
force and effect in accordance with its stated provisions (subject to any appropriate
qualifications that the request may disclose). Additionally the request may ask that the
response set forth any outstanding sums that the requested Party claims are then due
and owing to the requested Party under this Agreement, and any claims by the
requested Party of any outstanding breaches or defaults of this Agreement by any other
Party bound hereby, and the status of such other matters related to the terms of this
Agreement as may be reasonably set forth by the requesting Party in its notice of
request. Any estoppel certificate so tendered may be relied upon by the requesting
Party and its designees.
IN WITNESS WHEREOF, the parties hereto have caused their names and seals
to be affixed the date and year first above written.
TODD CREEK VILLAGE METROPOLITAN DISTRICT
a quasi-municipal corporation and political subdivision
of the State of Colorado.
By:
President
ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC
By: TCVN, LLC, its operating manager
By:
Gene Osborne
Its: Manager
STATE OF Ut b(-04O )
) SS.
COUNTY OF atx c.hCt.) )
413
The foregoing instrument was acknowledged before me this l day
of (-:,-::4)71k,r1\,DLC , 2008, by Gene Osborne, as Manager of TCVN, LLC,
operating manager of ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC a
Colorado limited liability company.
Witness my hand and official seal.
My commission expires: I O I3 o//
[�Cfr
EMILY VINZ Notary Public /
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 10/30/2010
STATE OF COLORADO )
) ss.
COUNTY OFlr , ,h( )
The f9regoing instrument was acknowledged before me this I
day of �t 3 E, A X' , 2008, by C .y -> OS, `fir Laa President of TODD
CREEK VILLAGE METROPOLITAN DISTRICT, a quasi-municipal corporation of the
State of Colorado.
Witness my hand and official seal.
My commission expires: / O f 3O�I Q
EMILY VINE ��
NOTARY Public
OTARY PUBLIC
STATE OF COLORADO
My Commission Expires IO/0mol ) e
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