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Home My WebLink About20191649.tiffLaw Office of Tod J. Smith, LLC 2919 VALMONT ROAD, SUITE 205 BOULDER, COLORADO 80301 Tod J. Smith Telephone: (303) 444-4203 E-mail: tod@tjs-law.com April 19, 2019 Via Certified Mail — Return Receipt Requested Weld County, Colorado 1150 O Street Greeley, Colorado 80631 RECEIVED APR 2 5 : 019 WELD COUNTY COMMISS°nNERC Re: Notice of Application for Conditional Water Storage and Exchange Rights To Whom It May Concern: Pursuant to Colorado Revised Statutes § 37-92-302(2)(b)(II), we are providing you with a copy of the Application recently filed by South Weld Holdings, LLC in the Water Court for Water Division No. 1. The application was originally filed on April 7, 2019, and amended on April 14, 2019, to correct property ownership identifications. This notice is being provided to you because the county records indicate that you are the owner of property that maybe affected by the Application. The Application is to be published in the April 2016 Water Court Resume for Water Division No. 1. If you have any questions about this Application or this notice, please feel free to contact me at the address or telephone number above. cc: Ann Rhodes, LLC Co w-► .)e% C °irkorS 5/I//G Sincerely yours Tod J. Smith Co -Counsel for the Applicant South Weld Holdings, LLC Cc•CCZMe6Ied,PLGTP), PW I ERIC), KLIA,.1ecIWS) 4I2(ol Ki 2019-1649 DA DISTRICT COURT, WATER DIVISION NO. 1, STATE OILING COLORADO CASE Weld County Courthouse 901 9th Avenue Greeley, Colorado 80631 Telephone: (970) 351-7300 L FILED. April 14, z(11-9-1..31 PM ID: 2DB80F3840E3E NUMBER: 2019CW3062 • COURT USE ONLY• CONCERNING THE APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT AND CONDITIONAL RIGHT OF EXCHANGE OF SOUTH WELD HOLDINGS, LLC, IN ADAMS, DENVER AND WELD COUNTIES. Co -Counsel for the Applicant South Weld Holdings, LLC Tod J. Smith, #15417 LAW OFFICE OF TOD J. SMITH, LLC 2919 Valmont Road, Suite 205 Boulder, Colorado 80302 Telephone: (303) 444-4203 E-mail: todAtj s -law. com Case No. 19CW3062 Ann M. Rhodes, #39095 Ann Rhodes, LLC 610 Emporia Road Boulder, Colorado Telephone: 303-870-7887 E-mail: amr(aiamr-law.com AMENDED APPLICATION FOR A CONDITIONAL STORAGE RIGHT AND A CONDITIONAL EXCHANGE RIGHT - HIGHLANDS RESERVOIR 1. Name, Address, and Telephone Number of the Applicant. South Weld Holdings, LLC ("South Weld Holdings" or the "Applicant") c/o Josh Shipman 8301 East Prentice Ave., #100 Greenwood Village, Colorado 80111 (303) 775-1005 Please send all pleadings and correspondence to: Tod J. Smith, Esq. LAW OFFICE OF TOD J. SMITH, LLC 2919 Valmont Road, Suite 205 Boulder, Colorado 80301 tod@tjs-law.com (Attorney for Applicant) 2. Description of Conditional Water Storage Right. 2.1. Name of Structure: Highlands Reservoir. Highlands Reservoir will be a lined off - channel reservoir located in the NW'/ of Section 32, Township 1 North, Range 65 West of the 6th P.M., in Weld County, Colorado. A map showing the location of Highlands Reservoir is attached as Exhibit 1. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 2.2. After water is diverted from the South Platte River it will be delivered to the Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company's ("FRICO") Barr Lake system. The Applicant may use FRICO's delivery canals pursuant to contracts and/or agreements between United Water and Sanitation District ("United") and FRICO, the capacity in which United can assign to South Weld Holdings. South Weld Holdings also claims diversion points in the Beebe Seep Canal as described below, the rights for which can be assigned by United. TRS Equities, LLC, Highlands Equities, LLC, Weld Ki1270 LCC, and the Damiano Family Trust hold legal title to the land on which the Highlands Reservoir will be located as nominees of the Applicant who holds beneficial title to the land. The nominee landowners assigned the beneficial interests in the land to the Applicant after filing of the application in Case No. 16CW3053. United will construct Highlands Reservoir in conjunction with the Weld Adams Water Development Authority ("WAWDA"), an authority in which United is a member. The Reservoir will be constructed for multiple uses, and the Applicant will use the Reservoir to store the water claimed in this application for direct use and the augmentation of wells in the Beebe Draw for use in and development of lands owned by the Applicant in the Beebe Draw ("Highlands Property"). 2.2. Location of Diversion Facilities. 2.2.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW% of Section 26, Township 1 South, Range 67 West of the 6th P.M., in Adams County, Colorado. This Diversion Facility delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington/O'Brien Canal immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 2.2.2. Burlington Ditch (also known as Burlington/O'Brien Canal). The headgate, pursuant to the decreed changed point of diversion in Case No. 02CW403, is on the east bank of the South Platte River in the NE% of the SW% of Section 14, Township 3 South, Range 68 West of the 6th P.M. in the City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47' 24.69" N, longitude 104° 58' 9.97" W. The UTM Application for Water Rights Highlands Reservoir, Case No. 19CW_ Page 2 of 8 coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. The right to use the Burlington Ditch can be assigned by United to the Applicant. 2.2.3. Beebe Seep Canal. Point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one, two or all of the following locations, all of which will divert surface water only: 2.2.3.1. Highlands Diversion No. 1: In the SW'/ of the SE'/, or the NW'% of the SE%, or the NE'/ of the SE'/ of Section 30, Township 1 North, Range 65 West of the 6th P.M., in Weld County, Colorado. A diversion facility on land owned by Public Service Company of Colorado will only be constructed and used by United pursuant to an agreement with the land owner. 2.2.3.2. Highlands Diversion No. 2: In the SE'/ of NE % of Section 30, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. 2.2.3.3. Highlands Diversion No. 3: In the SW % of the NW % or the NW % of the NW % of Section 29, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. 2.2.3.4. Highlands Diversion No. 4: In the NE'/ of the NW% of Section 6, Township 1 South, Range 65 West of the 6th P.M. in Adams County, Colorado. 2.2.3.5. Final locations of diversion points from the Beebe Seep Canal will be consistent with applicable provisions of the stipulation between Town of Lochbuie and Applicants in Case Nos. 02CW404 and 10CW306. 2.3. Source. South Platte River and water accruing to the Beebe Seep Canal throughout the length of the Canal from Barr Lake to the point(s) of diversion. 2.4. Amount and Rate Claimed. 2,000 acre-feet conditional, with one refill in the amount of 2,000 acre-feet per year conditional. The maximum diversion rate is 250 cfs for the United No. 3 Diversion and Burlington Ditch. The maximum diversion rate of water accruing in the Beebe Seep Canal is 50 cfs for each of the diversion points identified above in paragraph 2.2.3. The maximum combined rate of diversion is 250 cfs. 2.5. Date of Appropriation. April 19, 2016. 2.6. How Appropriation was Initiated. The appropriation date is based on the execution of a Water Supply Agreement by the landowners who are nominees of the Applicant and hold legal title to the Highlands Property for a water supply and storage capacity in Highlands Reservoir which established the landowners intent to obtain a water supply for the development of the Highlands Property, and the filing of the application in Case No. 16CW3053 on April 19, 2016. Engineering studies have been conducted to determine the feasibility of Application for Water Rights Highlands Reservoir, Case No. 19CW_ Page 3 of 8 constructing Highlands Reservoir, the location of Highlands Reservoir as described above in paragraph 2.1 has been determined, construction has begun, and the location of the diversion structures have been preliminarily determined as described above in paragraph 2.2. 2.7. right. Date Water First Applied to Beneficial Use. Not applicable, conditional water 2.8. Uses. By this application, the Applicant seeks a decree granting the right to use the above -described conditional water right as follows: 2.8.1. Directly or as a source of augmentation and substitute supply for use on lands owned by the Applicant for land development in the Beebe Draw. For municipal, commercial, irrigation uses, including, but not limited to, domestic, irrigation, mechanical, manufacturing, commercial, industrial, storage, exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, and for all other beneficial uses. The volume of water claimed is intended to provide water for the decreed beneficial uses and to protect against periods of drought. 2.8.2. The Applicant asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, lease, exchange, augmentation, or otherwise, to extinction all water lawfully diverted and/or impounded, as decreed herein or pursuant to a separate decree. 2.9. Total Capacity. Highlands Reservoir has a planned total capacity of approximately 4,500 acre-feet. 2.10. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above and Exchange Points Listed Below, and lands on which those facilities will be located. 2.10.1. Highlands Reservoir will be owned by WAWDA, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 2.10.2. Highlands Equities, LLC, holds legal title to the land on which the Reservoir will be located as a nominee of the Applicant which holds beneficial title to the land. 2.10.3. The United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111 holds a perpetual easement granted by Henderson Aggregate, LTD for the United Diversion Facility No. 3. The diversion structure is owned by United. United also owns the DeSanti Headgate and the DeSanti Recharge Facility. 2.10.4. Some or all of the Burlington Ditch (also known as Burlington/O'Brien Canal) is owned by the Burlington Ditch Reservoir and Land Company, 80 South 27th Avenue Brighton, Colorado 80601. Application for Water Rights Highlands Reservoir, Case No. 19CW_ Page 4 of 8 2.10.5. The Beebe Seep Canal (or Beebe Canal), the headgate of the Burlington Canal and portions of the Burlington Canal are owned by the Farmers Reservoir and Irrigation Company ("FRICO"), 80 South 27th Avenue Brighton, Colorado 80601. 2.10.6. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 2.10.7. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.1 above, may be located is owned by one or more of Edmundson Land, LLC (P.O. Box 932, Brighton, Colorado 80601) and Public Service Company of Colorado (P.O. Box 1979, Denver, Colorado, 80201). 2.10.8. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.2 above, may be located is owned by one or more of Vicki and David Pelletier (3851 E. Geddes Ave., Centennial, Colorado 80122) and Weld County, Colorado (1150 O St., Greeley, Colorado 80631). 2.10.9. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.3 above, may be located is owned by one or more of Len Pettinger (18437 County Road 8, Brighton, Colorado 80603) and Town of Lochbuie, Colorado (703 County Road 37, Brighton, Colorado 80603). 2.10.10. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.4 above, may be located is owned by Mile High Duck Club c/o Brown and Locke P.C. (1720 S. Bellaire St., Ste. 405, Denver, Colorado 80222). 2.11.11. The Lochbuie Wastewater Treatment Plant is owned by the Town of Lochbuie, 703 County Road 37, Brighton, Colorado 80603. 3. Description of Conditional Substitution and Exchange Rights. The Applicant seeks conditional appropriative rights of substitution and exchange from and to the following points: 3.1. Exchange -From Points. 3.1.1. Highlands Reservoir Outlet(s). The exact location of the outlet structure(s) for Highlands Reservoir have not been determined. The preliminary design anticipates that the Reservoir will be gravity drained under Weld County Road 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76 and then flows west on the south side of WCR 4 to the Beebe Draw in the NW'/ of the NE'/ of Section 31, Township 1 North, Range 65 West of the 6th P.M. Any of the diversion points in the Beebe Seep Canal described above in paragraph 2.2.3 may also be outlet points for Highlands Reservoir. The Application for Water Rights Highlands Reservoir, Case No. 19CW_ Page 5 of 8 Applicant may also develop outlet works to allow discharge to the Neres and East Burlington canals. 3.1.2. Highlands Wastewater Treatment Plant. The Highlands wastewater treatment plant has not been finally located, but the anticipated location of effluent discharge is at the Beebe Seep Canal near the crossing of Weld County Road 6. 3.1.3. Lochbuie Wastewater Treatment Plant. South Beebe Draw Metropolitan District has a contractual right to use the existing Lochbuie wastewater treatment plant for the treatment of wastewater from the residential components of the Highlands Development which right can be assigned to the Applicant. The Lochbuie wastewater treatment plant outfall is located at the Beebe Seep Canal in the NE% of the NW'/ of the NW% of Section 29, Township 1 North, Range 65 West, of the 6th P.M., in Weld County, Colorado. 3.1.4. Accretion Point for Lawn Irrigation Return Flows. Lawn irrigation return flows resulting from the irrigation of lawns and public spaces in the Highlands Development will accrete to one or more points in the Beebe Draw from which Applicant will exchange the return flows. The accretion points and quantities of return flows will be determined in a future water court proceeding. 3.2. Exchange -To Points. 3.2.1. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, of the 6th P.M., in Adams County, Colorado. 3.2.2. DeSanti Headgate. The headgate is located located in the NE'/ of Section 14, Township 1 South, Range 66 West, of the 6th P.M., in Adams County, Colorado and delivers water to the DeSanti recharge facility. 3.2.3. Highlands Diversions Nos. 1 - 4. The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw as described above in paragraph 2.1.1. Water will be exchanged to these points from the Highlands Wastewater Treatment Plant, the Lochbuie Wastewater Treatment Plant, or the accretion point for Highlands lawn irrigation return flows. 3.3. Sources of Substitute Supply. 3.3.1. Water stored in Highlands Reservoir pursuant to the conditional water storage right described above in paragraph 2. 3.3.2. Reusable, consumable effluent from the use of water in the Highlands Development. Application for Water Rights Highlands Reservoir, Case No. 19CW_ Page 6 of 8 3.3.3. Lawn irrigation return flows from irrigation in the Highlands Development when quantified in a future water court proceeding. 3.4. Exchange Rate. 50 cfs. 3.5. Date of Appropriation. April 19, 2016. 3.5.1 How Appropriation was Initiated. The appropriation date is based on the execution of the Water Supply Agreement described above in paragraph 2.6 and the filing of the application in Case No. 16CW3053. Engineering studies have been conducted to determine the feasibility of constructing Highlands Reservoir and exercising the exchange rights sought herein. 3.6. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 3.7. Uses. The water exchanged pursuant to this conditional exchange right will be used for the purposes described above in paragraph 2.8. 3.8. Name and Addresses of the Owner of the Exchange -From and the Exchange -To Points Listed Above. See paragraph 2.10 above. WHEREFORE, the Applicant requests that the Court enter a decree granting the conditional storage water rights and conditional exchange rights described herein, and for such other relief it deems proper. Dated this 7th day of April, 2019. LAW OFFICE OF TOD J. SMITH, LLC /s/ Tod J. Smith Tod J. Smith, #15417 LAW OFFICE OF ANN RHODES, LLC /s/ Ann Rhodes Ann Rhodes, #39095 Co -Counsel for the Applicant South Weld Holdings, LLC Application for Water Rights Highlands Reservoir, Case No. 19CW_ Page 7 of 8 VERIFICATION STATE OF COLORADO SS COUNTY OF ARAPAHOE I, Josh Shipman, Manager of South Weld Holdings, LLC state under oath that I have read the Amended Application which will be filed with the District Court, Water Division No. 1, on April 12, 2019, and verify its contents to the best of my knowledge, information and belief. AAP Josh Shipan, Manager Subscribed and sworn under oath before me on April 12, 2019 My commission expires: 21012021 HANG DUONG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174050236 MY COMMISSION EXPIRES 12/OYMOR1 j'Ailvd- -14-0fAAT Notary Public Hello