HomeMy WebLinkAbout20180529.tiff6. Sewage Disposal Method
A new engineered wastewater treatment facility will serve all property uses. The facility will be
permitted and designed in accordance with WCDPHE and CDPHE requirements and specifically
CO Regulation 22. The wastewater treatment facility will be designed by a CO Professional
Engineer. Treated effluent will be discharged under a CO Discharge Permit or reused and
reclaimed for irrigation as allowed by CO Regulation 84. If needed and as is allowed for special,
temporary use events, portable toilets may be periodically used as well (temporary basis only).
USR Application, September 6, 2017 Achieve More, Inc.
WATER SUPPLY INFORMATION SUMMARY
Section 311.28.133ddL C.R.S. requires that the applicant submit to the County,"Adeqaata evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
1. NAME BF DEVELOPMENT AS PROPOSED
C+4e.ve Mare_ P1qp +`l c L.Lfuro Coo/01'4'X E /V Pori:
2. LAND USE ACTION U, C Et.3 c PeCI
3. NAME OF EXISTING PARCEL AS RECORDED
BLOCK
SUBDIVISION
FILING
LOT
4. TOTAL ACREAGE 17 8
5. NUMBER OF LOTS PROPOSED Al 1. PLAT MAP ENCLOSED 0 YES
6. PARCEL HISTORY - Please attach copies of deeds, plan or other evidence or documentation.
A. Was parcel recorded with county prior to June 1, 1972? tit YES 0 NO
B. Has the parcet ever been part of a division of land action since Juno 1, 1972?
If yes, describe the previous action
❑ YES ❑ ND
7. LOCATION OF PARCEL - Include a map demisting the prat area and tie to section comer.
114 OF 114 SECTION 3, TOWNSHIP 1 N 0 S RANGE ' ❑ E W
PRINCIPAL MERIDIAN: 0 6TH ❑ fs.M. 0 UTE 0 COSTILLA
8. PLAT - Location of all wells an property must be plotted and permit numbers provided.
Surveyors plat C3 Yea 0 No If not, scaled hand drawn sketch 0 Yes 0 No
S. ESTIMATED WATER REQUIREMENTS - Gallons par Day or Acre Fiat per Yaw 10. WATER SUPPLY SOURCE
,EXISTING 0 DEVELOPED
HOUSEHOLD IfSE # of units GPO ELLS
AF WELL r PERMIT NUMBERS SPRING
COMMERCIAL USE # of &F. GPO AF
IRRIGATION P of acres GPO AF
STOCK WATERING # of head GPO AF
OTHER GPO AF
TOTAL - /6 4)oO GPO I.1)) AF
4
00vo' kRivt.J
X&969
Q MUNICIPAL
O ASSOCIATION
❑ COMPANY
O DISTRICT
NAME
LETTER OF COMMITMENT FOR
SERVICE 0 YES 0 NO
❑ NEW WELLS -
murosm AMIN • rues OW
( AREIY M. CI HItEJ RAAPAiaME
C] WVf5 MUM C want Awersttor
O UM UAwooe CURARE FOX Lois
0 MOM C MOTO.
E] an
WATER COURT DECREE CASE NO.'S
11. ENGINEER'S WATER SUPPLY REPORT 0 YES Pr NO IF YES, PLEASE FORWARD WITH THIS FORM. Mil may to raivaad bean our taviaw a twaalatod.)
12. TYPE OF SEWAGE DISPOSAL SYSTEM iv 1 , Q_,,1 -e i,11 VW t T (` -fr aCi LILT
O SEPTIC TANKILEACH FIELD
O LAGOON
0 CENTRAL SYSTEM DISTRICT NAME
0 VAULT - LOCATION SEWAGE HAULED TO
L, ENGINEERED SYSTEM lAtiach a copy at analhnr'mp daiI,l 0 OTHER
? Q r G p y:1{ E CQ R.0 LACC
L2
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman SI., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER 68969
-F
DIV. 1 WD 2 DES. BASIN MD
CHERRY KNOLLS A GENERAL LLP
JOHN J VANDEMOER
8791 CIRCLE DR
WESTMINSTER, CO 80031-
(303) 427-7641
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
WELD COUNTY
NW 1/4 SE 1/4 Section 33
Township 1 N Range 65 W Sixth P.M.
DISTANCES FROM SECTION LINES
2600 Ft. from South Section Line
1850 Ft. from East Section Line
UTM COORDINATES Meters Zone 13 NAD83
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF_APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Weli Construction and Pump Installation Contractors in accordance with Rule 18
3) Approved pursuant to CRS 37-90-137(4) and the decree granted in case no. 2004CW016 Division 1 Water Court. The operation of this well is
subject to the terms and conditions of said decree.
4) The use of ground water from this well is limited to irrigation, commercial and domestic uses
5) The pumping rate of this well shall not exceed 50 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 18.05 acre-feet.
7) The allowed average annual amount of ground water to be withdrawn by this well in combination with other wells producing from the Lower
Arapahoe aquifer pursuant to case no. 2004CW016 shall not exceed 43 acre-feet.
8) Production is limited to the Lower Arapahoe aquifer which is located 425 feet below land surface and extends to a depth of 720 feet Plain
casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water
between aquifers.
9) The entire length of the hole shall be geophysical!), logged as required by Rule 9 of the Statewide Nontributary Ground Water Rules prior to
installing casing.
10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall take necessary means and precautions to preserve these markings.
11) A totalizing (low meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
12) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant,
13) This well shall be constructed not more than 200 feet from the location specified on this permit.
14) Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, no more than 96% of the nontributary ground water withdrawn annually shall
be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98% of the water
withdrawn will be consumed
15) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations_
NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years
upon which the amount of water in the aquifer is allocated, due to anticipated water level declines
NOTE: To ensure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the
approved zone or aquifer indicated above.
Expiration Date Extended to Feb. 10, 2012 svj 2-7-11
kPPROVED
JLV
LReceit No. 36422288
Z,1O .1O
`.r
State Engineer By
DATE ISSUED 02-10-2010
VXPIRATION DATE / j02-10-2011
FORMNtJ.
GW
1012011
PUMP INSTALLATION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
1313 Sherman St., Ste 821, Denver, CO 80203
Main (303) 866-3581 Fax (303) 866-3589
.
For midis p(iviJ
JAN 1 12012
t'r1At f Fi'1'E ;+o4s CES
SIAA-. I. N6iN ER
,M O,
1. WELL PERMIT NUMBER: b ! 1 el - /:—
2. WELL OWNER INFORMATION
NAME OF OWNER
A0-4 L.- A -c O C
MAILING ADDRESS
STATEt✓tt!
TELEPHONE #,v
(-?0.3 )-35'.- coY 3
3. WELL LOCATION AS ORAL : fir.J1/4,
--1.&_114
Sec. 33 . Twp.
0 N or
line and
W
III S, Range IT ■ E or$
DISTANCES
SUBDIVISION:
Optional GPS
must be meters,
STREET ADDRESS
FROM SEC. LINES: 04:000
_I_
ft, from ❑ Nor riaS section
) 5 5-t) from ,K E or
■ W section line.
_ __ft.
LOT . BLOCK J FILING (UNIT)
Location: GPS Unit must use the following settings: Format must
Datum must be NAD83, Unit must be set to true N, ❑ Zone 12 or
AT WELL LOCATION: _
be UTM, Units Easting: 0
_37Lie
® Zone 13 Northing: tict p$--675—
4. PUMP DATA: Type: if4) r.-..<_-- 1,-5 \.Cr Date Installed: 7 7 11
Pump Manufacturer:
Design GPM:
Pump Intake
ADDITIONAL
[ 3 ck IN. k S' Pump Model No. ? 36 5 ---7
3'3 at RPM MO
HP
GREATER
Zs- Volts 30 Full Load AmpsII
Depth: ‘35 --Feet, Drop/Column
INFORMATION FOR PUMPS
Pipe Size Inches, Kind
THAN 5U GPM: Turbine
of Drop Pipe
Driver Type:
64:- I P- t 2("-A
0 Electric 0 Engine 0 Other
Shaft size
Design Head feet Number of Stages
inches
5. OTHER EQUIPMENT:
Depth ft.
Monitor Tube Installed
0
No.
Yes 0 No, Depth tL
Airline installed
Flow Meter Mfg.
Meter Readout
❑ Yes ■ No, Orifice
.�
Meter Serial
Gallons, 0 Acre feet Beginning Reading.
• Gallons, ■ Thousand
B. TEST DATA:
❑ check box if Test Data
Date:
T ft. Time:
is submitted
(gpm):
on Supplemental Form.
)15-1 /
Total Well Depth:
Static Level:
3p 13-, )O .5t,--.
2 _ C.) ft. Rate
(:)
Date Measured: Pumping
Level (ft): 3 00
7. DISINFECTION: Type. /171‘"H Amt. Used
_ _ _ .
8. Water Quail anal is available: D Yes 0 No If es. lease submit with this re rt.
9. Remarks:
10. I have read the statements made herein and know the contents thereof, and they are true to my knowledge. This document is signed and
certified in accordance with Rule 17.4 of the Water Well Construction Rules, 2 CCR 402-2. [The filing of a document that contains false
statements is a violation of section 37-91-108(1)(e), C.R.S., and is punishable by fines up to $5000 and/or revocation of the contracting
license.
Company Name:
Phone: License t+tum r;
Mailing Address:
7.)C I C() O 1-fe j C,—� C D
,gnature:
______
Print Name and Title f
Al a /0-e c --p-
e
J --13 -ix-
Form
No.
GWS-t i
1/2009
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1313 Sherman St, Denver, Co 80203
Phone — Info: (303) 866-3587 Main: (303) 866.3581
Fax: (303) 866-3589 http://www.water.state.co.us
CHANGE IN OWNER NAME/ADDRESS
CORRECTION OF THE WELL LOCATION
Review instructions on the reverse side prior to completing the form.
Name, address and phone rrof person claiming ownership of the well permit:
NAME(S): Lcr C e'
Mailing Address: //7)S
City, St. Zip: f Y- r L � r.. [� St)
Phone: (3CJ)i56- Roy 3
E-mail (optional): _T2__
For Office Use Only
This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced below. This
filing is made pursuant to C.R.S. 37-90-143.
WELL LOCATION: Well Permit Number:
County
2 OT air
(Address) (City ) (State) (Zip)
.4...&/1/4 of the5t 1/4, Sec. 3-3 . Twp. ( N a N. or ❑ S., Range 6r 0 E. or ❑ W., 6 -fti P.M.
Distance from Section Lines: 2 600 Ft. From ❑ N. or OS., f F.S73 Ft From E. or 0 W. Line.
Subdivision Name A/54
689 W
Receipt Number:. Y2=a2aase Number: 2'X. G WO bb
Well Name or # (optional) _
c•0 8O663
Lot ' , Block -4/4 FilingNnit '
The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being
amended for the following reasons:
EI,Change in name of owner ❑ Change in mailing address 0 Correction of location for exempt wells permitted prior to May
8, 1972 and non-exempt wells permitted before May 17, 1965.
Please see the reverse side for further information regarding correction of the well location.
I (we) claim and say that I (we) (are) the owners) of the well permit described above, know the contents of the statements
made herein, and stale that they are true tom (our) knowledge.
Signature(s) of the new owner Please print the Signer's Name & Title Date
Porn e
;a..:.1 e v-
6 -i6 -/D
It is the responsibility of the new owner of this well permit to complete and sign this form_ Signatures of agents are acceptable
if an on ' rnat letter of a+enc sined h the owner is attached to the form upon its receipt.
For Office Use Only ACCEPTED AS A CHA Ma OF aliNilr
AMOR MAILING M
A
ZOIO
Date
Cherry Knolls LLP
Water Adjudication Wk Sht.
9/6/2017
Cherry Knolls Total Acres
Ground Water -Denver Aquifier
Upper Arapahoe
Lower Arapahoe
Laramie -Fox Hills
Annual Total Water
ChKn_ Water Adjudication
Adjudicated
Acrelfoot
Per Acre Acres Acres Acres Acres Acres
Allotment Lot C Lot B Lot A Lot D Ck Sum
252.860 34.900 29.000 11.000 177.660
0.000
27.900
43.000
5.9.900
0.000 0.000 0.000 0.000 0.000
0.110 3.851 3.200 1.214 19.636
0.170 5.935 4.832 1.871 30.263
0.237 8.267 6.870 2.606 4.157
0.517 1$_653 15.001 5,690 92.05E
130.800
Note Difference in Check Sum Totals are rounding errors,
130.800
130.800
0.000
I I1CII VIII VIII IIII I I liii11111111111111111111111131111
3254498 01/19/2005 04:25P Weld County, CO
1 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder
District Court, Water Division No. 1
State of Colorado
901 Ninth Avenue
Greeley, CO 80632-2038
970-351-7300`
,
1
_
-< •� Y,`
OCT '�
"" cryN, o•
CONCERNING THE DETERMINATION OF
NONTRIBUTARY AND NOT NONTRIBUTARY
UNDERGROUND WATER RIGHTS IN THE DENVER,
UPPER ARAPAHOE, LOWER ARAPAHOE AND
LARAMIE-FOX HILLS AQUIFERS OF CHERRY KNOLLS
ESTATES GENERAL PARTNERSHIP, LLP
IN WELD COUNTY
Court Use Only
Steven P. Jeffers — No. 17858
Madoline E. S. Wallace - No. 32255
Attorneys for Applicant
Bernard, Lyons, Gaddis & Kahn, P.C.
P.O. Box 978
Longmont, CO 80502-0978
Telephone: (303) 776-9900 E-mail: sjeffers@blglaw.com
Case No. 2004CW 16
Water Division No. 1
FINDINGS AND RULING OF THE REFEREE AND
DECREE OF THE WATER COURT
THIS CLAIM was filed with the Water Clerk, Water Division No. I on January 30, 2004. The
Referee, having considered the pleadings, the files herein, and the evidence presented, and being
fully advised in the premises, hereby enters the following Findings and Ruling:
FINDINGS OF FACT
I. The name and address of the Applicant is:
Cherry Knolls Estates General Partnership, LLP
clo John J. Vandemoer
8791 Circle Drive
Westminster, CO 80031
303-427-7641
2. Timely and adequate notice of the pendency of this proceeding in rem has been given in
the manner required by law. The Court has jurisdiction over the subject matter of this
proceeding and over all persons who have standing to appear as parties, whether or not they have
appeared.
3. No statements of opposition or motions to intervene have been filed. The time for filing
statements of opposition and motions to intervene has expired.
IIIII111 1111131 111111 1111 11111 Hill 0111111 1111 IIIII
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2 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder
Case No. 2004CW 16
Page 2
4. Neither the land nor the proposed wells nor the water which are the subjects of this
application are located within the boundaries of any designated ground water basin.
5. Applicant seeks a decree determining and confirming its right to withdraw and to use all
legally and physically available nontributary ground water recoverable from the Lower Arapahoe
and the Laramie -Fox Hills aquifers and not nontributary groundwater from the Denver and
Upper Arapahoe aquifer underlying approximately 252.9 acres the S1/2 of Section 33, Township I
North, Range 65 West of the 6 P.M., in Weld County, Colorado ("Subject Property"). The
Subject Property is more particularly described in the attached Exhibit A and is depicted on the
attached Exhibit B.
6. Applicant supplemented the application herein with evidence that the State Engineer has
issued, within four months of the filing of the application in Water Court, a determination as to
the facts of the application. The Referee has considered the State Engineer's Determination of
Facts Reports ("the Determinations") concerning the ground water which is the subject of the
application herein. The Referee has also considered the Denver Basin Rules, 2 C.C.R. 402-6
("the Rules") as they apply to the ground water which is the subject of the application herein. To
the extent that anything in this decree is not consistent with the contents of the Rules and of the
Determinations, Applicant has presented site -specific evidence sufficient to rebut the
presumptive aquifer characteristics set forth in the Rules and the presumptive facts in the
Determinations. The provisions of this decree shall control over any conflicting provisions in the
Determinations.
7. The evidence indicates and the Referee finds that, utilizing the criteria set forth in § 37-
90-137(4), C.R.S. and the Rules, there is no ground water available for withdrawal by Applicant
in the Denver aquifer. Not nontributary ground water in the amount of 27.9 acre feet is available
for withdrawal and use by Applicant from the Upper Arapahoe aquifer underlying the Subject
Property. Nontributary ground water underlying the Subject Property is available annually for
withdrawal and use by Applicant in the amounts of 43.0 acre feet from the Lower Arapahoe
aquifer and 56.9 acre feet from the Laramie -Fox Hills aquifer.
8. No other existing wells withdrawal water from the Denver, Upper Arapahoe, Lower
Arapahoe or Laramie -Fox Hills aquifers that have cylinders of appropriation extending over the
Subject Property. Accordingly, the amount of ground water determined to be available for
withdrawal and use by Applicant from the Denver, Upper Arapahoe, Lower Arapahoe and
Laramie -Fox Hills aquifers need not be reduced to account for any such cylinders of
appropriation.
9. Ground water is available for withdrawal from the Denver, Upper Arapahoe, Lower
Arapahoe and Laramie -Fox Hills aquifers in the quantities set forth herein and in such quantities
as may subsequently be determined pursuant to the provisions of paragraph 36. The withdrawal
of ground water from the Lower Arapahoe. and Laramie -Fox Hills aquifers underlying the
Subject Property through the wells decreed herein, including the wells described in paragraph 15,
will not, within 100 years, deplete the flow of a natural stream, including a natural stream as
defined in §§ 37-82-101(2) and 37-92-102(1)(b), C.R.S. at an annual rate greater than one -tenth
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3254498 Q1l1912 Case No. 2004CW16
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of one percent (0.1 %) of the annual rate of withdrawal. The Referee therefore finds that such
ground water is nontributary ground water as that term is defined in § 37-90-103(10.5), C.R.S.
Applicant shall not consume more than 98% of the annual quantity of water withdrawn from
such aquifers. The withdrawal of such ground water at the rates and in the quantities set forth
herein, including such additional quantities as may be determined pursuant to paragraph 36, will
not cause material injury to any vested water rights or decreed conditional water rights.
10. The ground water in the Denver and Upper Arapahoe aquifers underlying the Subject
Property is not nontributary ground water as defined in §37-90-103(10.7), C.R.S. The ground
water is more than one (1) mile from any point of contact between any natural surface stream,
including its alluvium and the aquifer. As a result, judicial approval of a plan for augmentation
shall be required prior to use of such ground water. Such augmentation plan shall provide for the
replacement to the affected stream system of a total amount of water equal to four percent (4%)
of the amount of water withdrawn from that portion of the aquifer on an annual basis, and such
additional amounts of post -pumping augmentation as the court deems necessary to avoid injury
to other water rights pursuant to §37-90-137(9)(c), C.R.S. This Ruling and Decree specifically
recognizes, however, that applicant may subsequently vacate designated amounts of non
nontributary ground water on an acre foot per acre basis to allow for the issuance of exempt
wells on the Subject Property.
11. In order to calculate the amount of ground water in the Denver, Upper Arapahoe, Lower
Arapahoe and Laramie -Fox Hills aquifers underlying the Subject Property, it is necessary to
determine, inter alia, the average specific yield of the aquifer materials and the thickness in feet
of the saturated water yielding aquifer materials ("saturated thickness"). Because Applicant has
not constructed the wells on the Subject Property it has requested that the Court retain
jurisdiction to provide for the adjustment of the annual amount of withdrawal allowed to
conform to actual aquifer characteristics derived from adequate information obtained from the
construction of wells or test holes. Pending the invocation of the Court's retained jurisdiction,
the Applicant has agreed to the specific yield, saturated thickness and average annual
withdrawals all of which are based upon the best data currently available and are consistent with
the values set forth in the Rules and the Det-iniinations:
Aquifer
Denver
Upper Arapahoe
Lower Arapahoe
Overlying
Land
(acres)
120.5
252.9
252.9
Saturated Sand
Thickness
(feet)
0
65
100
Specific
Yield
(percent)
0.17
0.17
0.17
Annual
Average
Withdrawal
(acre feet)
0
27.9
43.0
Laramie -Fox Hills
252.9
150
0.15
56.9
The Referee finds that these values are reasonable.
C:Documents and Sellingslb621bgolLocal Setlings1Temporary /ilernel Flles5OLK831PioIosed
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3254498 01/19/2005 04:25P Weld County, CO
4 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder
Case No. 2004CW16
Page 4
12. Well permit applications for the wells to be constructed shall be applied for at such time
as Applicant, its successors or assigns are prepared to construct the wells pursuant to the terms of
this decree and applicable Colorado law. Applicant shall not be required to submit any
additional proof or evidence of matters finally determined herein when making application for
permits for such wells.
13. The wells decreed herein from the Denver, Upper Arapahoe, Lower Arapahoe and
Laramie -Fox Hills aquifers, including the wells described in paragraph 15, shall constitute a well
field within each aquifer. §37-90-137(4), C.R.S.; Statewide Nontributary Ground Water Rule 14,
2 C.C.R 402-7. Water from the not nontributary Denver and Upper Arapahoe aquifers may not
be used without first obtaining a decreed plan for augmentation, except as described in paragraph
10. The total amount of water Applicant is entitled to withdraw and to use each year from the
Denver, Upper Arapahoe, Lower Arapahoe and Laramie -Fox Hills aquifers pursuant to the
provisions of this decree may be withdrawn from any well or combination of wells decreed
herein which is completed into the same aquifer. This amount includes the additional wells
described in paragraph 15, so long as the total amount of water withdrawn in any year from the
Denver, Upper Arapahoe, Lower Arapahoe and Laramie -Fox Hills aquifers does not exceed the
total annual amount available for withdrawal by Applicant from each of the aquifers pursuant to
the provisions of this decree except to the extent that such additional withdrawals are permitted
by the provisions of paragraph I4.
14. Applicant may withdraw more water each year from the Denver, Upper Arapahoe,
Lower Arapahoe and Laramie -Fox Hills aquifers through the wells decreed herein from each
aquifer, including the wells described in paragraph 15, than the amount determined to be
annually available from the aquifer pursuant to the provisions of this decree so long as the sum
of the withdrawals from all wells decreed herein from each aquifer does not exceed the product
of the number of years since the date of this decree times the annual amount of withdrawal
finally determined to be available to Applicant from each aquifer pursuant to the provisions of
this decree.
15. Applicant may need to construct additional or replacement wells in order to maintain its
level of production and to recover the entire amount of ground water to which it is entitled
pursuant to the provisions of this decree including any additional amounts to which Applicant is
determined to be entitled pursuant to the provisions of paragraph 36. As Applicant seeks to
utilize additional or replacement wells, it shall file applications for well permits in accordance
with the provision of § 37-90-137(10), C.R.S. In considering such applications, the State
Engineer shall be bound by this decree and shall issue said permits in accordance with the
provisions of § 37-90-137(10), C.R.S.
16. Applicant may use; reuse and successively use the subject ground water; and after use,
lease, sell or otherwise dispose of the water for municipal, domestic, agricultural, commercial,
irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial
use on or off the Subject Property. The water may be immediately used, stored for subsequent
use, used for exchange purposes, used for direct replacement of depletions and used for other
augmentation purposes including taking credit for all return flows resulting from the use of such
water for augmentation for or as an offset against any out -of -priority depletions. Such water is
developed water with respect to any surface system or alluvial aquifer into which it might be
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Case No. 2004CW 16
Page 5
introduced. Applicant shall have the right to reuse, to successively use and to dispose of by sale,
exchange or otherwise to extinction all such water withdrawn from the Denver, Upper Arapahoe,
Lower Arapahoe and Laramie -Fox Hills aquifers subject to the relinquishment or replacement
requirements of Rule 8 of the Rules.
I7. Applicant has requested that the Court retain jurisdiction as necessary to increase or to
decrease the annual amount of withdrawal allowed to conform to actual local aquifer
characteristics as determined from adequate information obtained from well drilling or test holes
in accordance with § 37-92-305(11), C.R.S. The Referee finds that this request is reasonable.
CONCLUSIONS OF LAW
18. The application herein is one contemplated by law, and this Court has exclusive
jurisdiction over the subject matter of this proceeding. §§ 37-92-203 and 37-90-137(6), C.R.S.
19. The application herein was filed with the Water Clerk in accordance with the provisions
of § 37-92-302(1)(a), C.R.S.
20. Timely and adequate notice of the filing and of the contents of the application herein was
given in the manner provided by law, and this Court has jurisdiction over all persons or entities
affected hereby, whether or not they have appeared. § 37-92-302, C.R.S.
21. Applicant has fulfilled the requirements of §§ 37-92-302(2)(b) and 37-92-305(6), C.R.S.
22. No statements of opposition were filed, and the time for filing statements of opposition
and for motions to intervene has expired according to law. §§ 37-92-302(1)(c) and 37-92-
304(3), C.R.S.
23. Applicant is entitled as a matter of law to a decree determining and confirming its right
to the water which is the subject of this application for existing and future uses. §§ 37-90-137(4)
and 37-90-137(6), C.R.S.
24. Applicant is entitled to a permit to construct the wells described in paragraph 12, § 37-
90-137(4), C.R.S., and such additional, supplemental, replacement or alternate point of diversion
wells as may be required or desired in the future. § 37-90-137(10), C.R.S. The initial wells
permitted in each aquifer along with any additional wells shall be treated as a well field. §37-90-
137(4), C.R.S.
25. As a matter of law, Applicant is entitled to use, reuse, successively use and otherwise
dispose of all of the ground water decreed herein. § 37-82-106, C.R.S. This includes the right to
use said water or return flows therefrom to replace out -of -priority depletions under a plan for
augmentation or substitute supply plan approved in compliance with applicable law. This right
may be exercised by Applicant, its successors, assigns, lessees and contractors pursuant to §§ 37-
82-101 and 37-82-106(2), C.R.S.
26. To the extent that the provisions of this decree pertaining to the aquifer characteristics
are different from or contrary to those established by the Rules and to the extent that the Findings
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of Fact herein are different from or contrary to those contained in the Determinations, Applicant
has rebutted the presumptive correctness of those characteristics and facts.
27. The rights to ground water determined herein shall not be administered in accordance
with priority of appropriation. § 37-92-305(11), C.R.S. Such rights are not conditional water
rights as defined by § 37-92-103(6), C.R.S. The provisions of § 37-92-301(4), C.R.S. that
require subsequent findings of reasonable diligence are not applicable to the ground water rights
determined herein. The determination of ground water rights herein need not include a date of
initiation of the withdrawal project. § 37-92-305(11), C.R.S.
28. The Court may retain jurisdiction over the determination of ground water herein as
necessary to provide for the adjustment of the amount of water available for withdrawal on an
annual basis to conform to the actual aquifer characteristics encountered upon the drilling of
wells or test holes. § 37-92-305(11), C.R.S. Applicant has given adequate notice that the
amounts decreed herein are subject to increase and/or decrease pursuant to the Court's retained
jurisdiction.
RULING
29. The application herein is granted subject to the limitations described herein.
30. Each of the foregoing Findings of Fact and Conclusions of Law is incorporated herein as
if set out in full.
31. Applicant's rights to the ground water which is the subject of this case are hereby
confirmed. The water may be used for the purposes and in the manner set forth in paragraph 16.
32. Applicant shall relinquish the right to consume, by means of original use, reuse or
successive use, two percent (2%) of the amount of nontributary ground water which is annually
withdrawn from the Lower Arapahoe and Laramie -Fox Hills aquifers pursuant to the provisions
of this decree without regard to dominion or control of the ground water so relinquished. This
requirement may be satisfied with nontributary ground water return flows resulting from
irrigation or by any other appropriate means. Applicant shall provide to the State Engineer an
adequate annual accounting and calculations to assure that it has relinquished two percent (2%)
of the amount of the nontributary ground water withdrawn by it pursuant to the provisions of this
decree.
33. The ground water decreed herein shall not be administered in accordance with the
doctrine of priority of appropriation.
34. The State Engineer shall issue a well permit which conforms with this decree for each of
the wells decreed herein, including the additional wells described in paragraph 15, upon
application therefore, subject only to the following provisions:
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a. The State Engineer shall consider the water rights decreed herein as vested
property rights and shall consider the ground water decreed herein to have been
appropriated by Applicant, subject only to modification as provided in paragraph 36.
b. Prior to drilling any of the wells decreed herein, Applicant shall apply to the State
Engineer for a well permit, and the State Engineer shall issue such permit in conformity
with the provisions of this decree and §37-90-137(4), C.R.S., not later than forty-five
(45) days following application therefore.
c. In determining whether good cause exists to grant a request by Applicant to extend
any well permit issued pursuant to the provisions of this decree and §37-90-137(3)(a)(I),
C.R.S., the State Engineer shall recognize that each well decreed herein, including the
wells described in paragraph 15, is part of an integrated water supply system which will
of necessity be constructed over a substantial number of years.
d. Any well for which a well permit is issued pursuant to the provisions of this
decree which is drilled within two -hundred (200) feet of the location specified in the
permit shall be deemed to have been drilled at the permitted location, and Applicant shall
not be required to apply for a new or amended permit.
e. If Applicant desires to drill any well decreed herein, including the wells described
in paragraph 15, after the expiration of a permit to construct that well, then Applicant
shall apply to the State Engineer for the issuance of a new well permit at the time
Applicant are prepared to construct the well. The State Engineer shall promptly issue a
new well permit with conditions identical to those of the expired permit. Failure to
construct any well described herein within the period of time specified in any well permit
therefore shall not be deemed to extinguish the underlying water right.
f. In the event any of the amounts that Applicant are entitled to withdraw each year
as decreed herein are modified in a proceeding held pursuant to paragraph 36, the
existing permit for each affected well shall be amended to reflect the modified amount of
annual withdrawal. New permits for wells to withdraw water from the affected aquifer
shall likewise reflect any such modification.
g. Prior to constructing any additional or replacement wells, Applicant shall submit a
well permit application to the State Engineer. In considering the permit application for
any such well, the State Engineer shall be governed by the provisions of § 37-90-
137(10), C.R.S., and shall apply the standards of § 37-90-137(4), C.R.S., as if the
application for any such well had been filed on the same date as the application for the
original well was filed. Any such permitting action may be reviewed by this Court
pursuant to § 37-92-305(6), C.R.S.
h. For the purpose of its well permit applications, Applicant need not submit separate
proof, apart from the e terms of this decree, of any matter which has been determined
herein.
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35. In constructing and maintaining the wells decreed herein, including the wells described
in. paragraph 15, Applicant shall comply with the following conditions:
a. Applicant shall have the entire length of the open bore hole geophysically logged
prior to casing or shall submit a geophysical log from another well or test hole located
within one thousand three hundred and twenty (1320) feet of the subject well. A copy of
the geophysical log shall be submitted to the Division of Water Resources as described in
paragraph 36.
b. Applicant shall case the well with an impervious lining at all levels, except the
level of the aquifer from which it is entitled to produce water, in order to prevent
withdrawal of ground water from other aquifers. Applicant shall also seal the well in
such a way as to prevent the commingling of ground water from different aquifers.
c. Applicant shall install and maintain a totalizing flow meter on each well at such
time as the water diverted is beneficially used.
d. Applicant shall maintain records of all withdrawals through each well and submit
them to the Division Engineer on an annual basis or as otherwise requested to do so.
e. Applicant shall attach an identification tag to each well or well pumphouse
specifying the name of the well, the number of the permit associated therewith and the
aquifer from which the well withdraws water.
36. The Water Judge shall retain jurisdiction over this matter pursuant to the provisions of §
37-92-305(11), C.R.S. to provide for the adjustment of the amount of water available for annual
withdrawal to conform to actual local aquifer characteristics. Applicant shall obtain a
geophysical log for each of the wells described in paragraph 12 or a geophysical log of the
applicable aquifer from another well or test hole located within one thousand three hundred and
twenty (1320) feet of the subject well and may also obtain a porosity log or core sample suitable
for a laboratory specific yield test. Applicant shall submit such logs to the State Engineer in
accordance with the provisions of the Statewide Nontributary Ground Water Rules, 2 CCR 402-
7. Thereafter, the Applicant or the State Engineer may, by petition, invoke the Court's retained
jurisdiction under the above caption and case number and request a final determination of the
amount of water available from the aquifer in which the well is decreed. The petition shall state
the quantity of water which the petitioner believes is available for withdrawal annually from that
aquifer based upon the site -specific data. The petition shall include a reference to the sixty (60)
day objection period described below. Copies of the petition shall be served by certified mail,
return receipt requested, upon each of the parties hereto or the successors -in -interest, if such
successors have been identified and an address therefore provided in writing. Service of such
documents shall initiate a sixty (60) day period during which Applicant, Applicant's successor -
in -interest or the State Engineer may file an objection to the quantity stated in the petition. If any
such objection is filed, then the matter shall be set for hearing. If no such objection is filed, then
the Court shall, within sixty (60) days following expiration of said sixty (60) day period, enter a
final determination of the amount of water available from that aquifer adopting the quantity
stated in the petition. The Court's retained jurisdiction shall terminate with respect to a
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Page 9
particular aquifer upon entry of a final decree determining the amount of water available from
that aquifer pursuant to this provision.
37. The nature and extent of the rights determined herein shall be defined by the provisions
of § 37-90-137(4), C.R.S. No findings of reasonable diligence are required in order to maintain
the water rights determined herein. This proceeding is for the determination of the right to the
water described herein for existing and future uses. The rights to the use of ground water
determined herein are vested property rights.
38. This Ruling shall become final and appealable upon entry as a Judgment and Decree of
the Water Court notwithstanding the retained jurisdiction of the Court.
Dated:
Lori J. !ter
Water Referee
Water Divi ion No. I
State of Colorado
THE COURT FINDS THAT NO PROTEST HAS BEEN FILED IN THIS MATTER.
THE COURT HEREBY CONFIRMS AND APPROVES THE FOREGOING RULING
OF THE REFEREE, AND ENTERS THE SAME AS THE JUDGMENT AND
DECREE OF THIS COURT.
Dated: NOV - 3 2004
• ec
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BY THE COURT:
The Ho o , :le Roger A. Klein
District Court Judge
Water Division No. I
State of Colorado
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EXHIBIT A
Legal Description
Decree Wcc redecnls end SellingslbE21 bgo4Local SeikingslTemporary Internet Files4OLE831Proposed
Case No. 2004CW16
Page 10
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111 1I\%\ 111111
\\111\31\1E111111111County, Co3254498 01/ 2005 04:25P Weld GlCO & Recorder
of g Qili9! 0.00 Steve Moreno
11 of 12 R 81.40 �
B 1076 RFC D2016497 D7/10/B5 12:20 6.00 2/002
F 0643 MARY 1'LY ANN FELJER.STEIN CLE2,1C & RECORDER WELD CD, CO
;IBTT " A "
33, nship 1
A tract bf land located thethe 6tY�S1/2 1'_1��,Sbea.ngnfv�'trer,Naescra.3aed
Y�ort1� , Range 65 hest of
as follows:
BEGINNING at the East Q1.1.arter Corner of said Section 33 and
considering the East line of said Section 33.
se�at�+;ear QtheretoE and
with all other bearings contained
:thence SDD"°2211 DI'°S s L -i-3 of..�. d e.r� _per '3.3 -
.distance of. 2299.85 feet? . -
• hen S9000'00"14, 8BD _3.0 ..feet;' point are a line being parallel
thence SOD °24' DD"E, 330.00 feet to •a P
to and 30.00. feet North of. the South line oSe.ction
io 333X10
t• hence S9D00'00°W along said line being parallel a o an 3D 00 3 10_05
feet North of the 5oirtl, line of said section .33.,
feet to a point on the Easterly Eight-Of--'Wav of the Dan' r Hudson
Canal; bf—Wy line- of- said _ e o er Eu s a . .
theme clang the Easterly R-ght - bearings 1iand distances:
D
Canal. by the fallowing twenty (20)
N46°4D'14nW., 357.55 f.eet;
NB6°13'37"W, 202.17 feet;
1+734°32'12"W, B9.D2 feet; -
1;T1D'4B 6B.13 feet;
1402°3B'50"E, 345-4B feet;
x740 ° X1' 41.°E, B274 feet;
1STB8°5B'D4"E, 195.12 feet;
1142°31'443"E,'147.60 feet;
ND6°31 33"E, 190.37 -feet;
126°29.' 12"W, 304.31 feet;
104°58'36"A, 132.52 feet;
1814°16'30"E,. 232.77 feet.;
N09°48'3414, 157.13 feet;
N28°05'24"ln, 147'40 feet;
N45058'57"W, 493.96 fet;
N70°1 '11".W,.103.07 feet;
588°13' 44"W1 160.86 feet;
NBD°54'46"W, 98.77 feet;
N'51°23.'50"W, B9.76 feet; pint on the North line of: the S'
173 6 °23 ' 37 "W, 210.54 feet to a. point
of said- Section 33; . the North line of the S1/2 of said Section
thence 189°50'50"� along the BEGINNING
33 a distance of 5130 _ 73 feet to the POINT
5
2.7
u
aDa?
EET
40'
Section 33
Township 2 North
Range 65 nest'
dr.
/ COLORADO .
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Jinterstate Rout
3254498 01/19/2005 04:25P Weld County, CO
12 of 12 R 61.00 iI 0.00 Steve Moreno Clerk & Recorder
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