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Home My WebLink About20163199.tiffLA(111.NCE JONES CUSTER GRASMICK LLP ATTORNEYS AT LAW S245 RONALD REAGAN BLVD., SUITE 1 JOHNSTOWN, COLORADO 80534 TELEPHONE: 970-622-8181 WWW.LJCGLAW.COM Iellv!a Ijrgla v.coni Kim R. Lawrence • P. Andrew Jones • Kelly J. Custer • Bradley C. Grasmick • David P. Jones • Curran A. Trick • Wesley S. Knoll September 29, 2016 Weld County Board of County Commissioners c/o Bruce Barker P.O. Box 758 Greeley, CO 80632 Certified Mail Receipt #70161370000024346804 Re: Application of the Central Colorado Water Conservancy District ("Central"): Case No. 16CW3119 Dear Mr. Barker: Central has filed the enclosed application for change of water rights and claim for storage water rights with the Water Court, Division 1. This letter will serve as the notice to owners of land on which structures are located as required by C.R.S. §37-92-302(2). Sincerely, LAWRENCE JONES CUSTER GRASMICK LLP Digitally signed by i<tilif Kelly J. Custer car Date: 2016.09.29 11:04:26 -06'00' Kelly Custer Cammonica+ions cc' CC.,C (O(11 /ICo 1©/1"7/lCo 2016-3199 SOOO(-17 DISTRICT COURT, WATER DIVISION 1, COLORADO 901 9th Ave. P. O. Box 2038 Greeley, CO 80632 A COURT USE ONLY • CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CENTRAL COLORADO WATER CONSERVANCY DISTRICT IN BOULDER and WELD COUNTIES. Kelly J. Custer, #27247 Lawrence Jones Custer Grasmick LLP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, CO 80534 Telephone: (970) 622-8181 E-mail: keilti.a•ljc,law.ccm Case No. Div.: 1 Courtroom: 1 APPLICATION FOR CHANGE OF WATER RIGHTS AND CLAIM FOR STORAGE WATER RIGHTS 1. Name, mailing address and telephone number of Applicant: Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634, (970) 330-4540. CHANGE OF DIRECT FLOW WATER RIGHT 2. Decreed water right for which change is sought: A. Name of Structure: Rural Ditch B. Date of original and subsequent decrees: CA 1336, June 2, 1882, Boulder County District Court; Case No. 84CW412, August 30, 1985, Water Division No. 1. C. Legal description of location: On Boulder Creek in the NE'/ Section 20, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. D. Source: Boulder Creek through Idaho Creek E. Appropriation Dates: May 5, 1862 and March 10, 1863 Central Colorado Water Conservancy District Case No. 16 C W Page 2 of 9 F. Total amount decreed to structure: 22.75 cfs (1862) and 60.25 cfs (1863) G. Decreed use: Irrigation H. Amount of water that Applicant intends to change: 7.04 shares out of the outstanding 50 shares of the Rural Ditch Company represented by stock certificate no. 382 owned by L.G. Everist, Inc. (`"Shares"). Applicant and L.G. Everist have executed a Purchase and Sale Agreement and Water Lease Agreement, the terms of which allow Applicant to change the water rights attributable to the Shares. Historical use: The Shares were historically used to irrigate land in Section 10, Township 2 North. Range 68 West, 6th P.M., Weld County, Colorado. The Shares were used to irrigate up to approximately 480 acres. The areas are shown on the attached Figure 1. 4. Proposed change: A. Use. Applicant seeks to change the use of the water rights represented by the Shares to include augmentation. recharge, replacement, industrial, municipal, and exchange, in addition to the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. All diversions attributable to the Shares shall be made through the river headgate of the Rural Ditch. The Shares may be used as a source of substitution and replacement supply in the plans for augmentation in Case No. 02CW335 (Ground Water Management Subdistrict of the Central Colorado Water Conservancy District ("GMS")) and Case No. 03CW99 (Well Augmentation Subdistrict of the Central Colorado Water Conservancy District ("WAS")), and such other decreed augmentation plans as Applicant, GMS, or WAS shall obtain, for replacing well depletions and return flows. The Shares may be leased to others for use. Fully consumable water associated with the water delivered under the Shares may be used directly, or after storage, recharge or exchange, consistent with the terms and conditions of Central storage and recharge decrees including but not limited to Case Nos. 81CW382, 82CW413, 83CW184, 85CW370, 87CW304, 88CW127, 92CW021, 92CW165, 94CW96. 94CW97, 94CW199. 00CW83, 01CW48, 02CW269, 02CW270. 05CW331, and 12CW304-A. B. Additional Future Place of Storage at Rinn Valley Parcel: L.G. Everist, Inc. is in the process of mining and constructing lined storage reservoirs on a portion of the historically irrigated lands located in Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County (referred to herein as the "Rinn Valley Parcel"). Applicant and L. G. Everist. Inc. have entered into a Purchase and Sale Agreement that includes the future storage reservoirs. Applicant may take delivery of the Shares at these storage reservoirs and make releases for the uses claimed herein. Central Colorado Water Conservancy District Case No. 16 C W Page 3 of 9 C. Dry up. Approximately 240 acres of the historically irrigated lands are the site of the L.G. Everist Inc. gravel mining at the Rinn Valley Parcels. The remainder of the historically irrigated lands have been developed as light industrial areas, parks, and a residential subdivision within the Town of Firestone. D. Diversion Period. April 1 through October 31. E. Farm Headgate Delivery. Farm headgate deliveries attributable to the Shares averaged a total of 694 acre-feet assuming a 10% ditch loss for the ditch. This amount is preliminary and subject to modification upwards or downwards as additional information becomes available to Applicant. F. Historical Consumptive Use. The historical consumptive use was determined using a study period of 1950-1996. The consumptive use of the Shares was determined to be an average of 390 acre-feet per year. with an average annual consumptive use per share of 55.4 acre- feet. This amount is preliminary and subject to modification upwards or downwards as additional information becomes available to Applicant. G. Return Flows. The lagged return flows from historical use of the Shares averaged 285 acre-feet per year. This amount is preliminary and subject to modification upwards or downwards as additional information becomes available to Applicant. The timing of lagged return flows will be determined using AWAS parameters and the Glover equation. 5. Diversion Records: Applicant's engineering consultants have reviewed records of diversions by the Rural Ditch Company and Applicant will rely on the records in the quantification of the historical use ofthe water rights. Copies ofthe records will be provided to any party on request. 6. Return flows: Applicant will replace the historical return flow portion of the water rights. Applicant hereby appropriates the use of the historical return flows of the water rights and the return flows will be replaced when there is a call senior to the date of the filing of this application. The return flows will be used for the changed uses described herein. The sources of return flow replacement include any sources available to Applicant including but not limited to a portion of the Shares and the sources described in the cases listed in paragraph 4.A. above. 7. Proposed terms and conditions for delivery of the Shares through the Rural Ditch: A. Applicant may take delivery of the Shares at any of the following points of delivery: 1) the Shores Pond B Inlet Structure, located at a point in the SE'/4 of the NE'/4 of Section 2. Township 2 North, Range 68 West of the 6th P.M. in Weld County, Colorado (Shores Reservoir is owned by Applicant and is described in the decree in Case No. 00CW83, Water Division No. I); 2) an augmentation structure currently located near the downstream end of the Rural Ditch at a point in the NE'/4 NE'/4 NW'/4 of Section 1, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado; 3) a future augmentation/bypass structure to be constructed by the Rural Ditch Company at or near its river headgate on Central Colorado Water Conservancy District Case No. 16 C W Page 4 of 9 Boulder Creek; 4) a future augmentation structure associated with the City of Firestone's plans to construct drainage to St. Vrain Creek at a location to be determined near the downstream end of the Rural Ditch; 5) a planned, to -be -constructed Shores Pond C Inlet Structure located in the S1/2 NW1/4 of Section 1, Township 2 North, Range 68 West. 6th P.M., Weld County, Colorado; 6) three planned, to -be -constructed inlet structures into planned, to -be -constructed storage reservoirs located on the Rinn Valley Parcel, which property is currently owned by L.G. Everist, Inc. and which is located in Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado; 7) Hoekstra Pit, owned by Weld County, at an existing Rural Ditch headgate located in the NE'/ SW'/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado; and 8) Heaton Pit, owned by Martin Marietta Materials, located in the NE'/4 of Section 9, Township 2 North, Range 68 West of the 6th P.M.. Weld County. The Shares may be stored in any of the reservoirs described herein and may be subsequently delivered to St. Vrain Creek from the reservoirs. B. The Shares shall be subject to transit loss in the Rural Ditch as determined by the ditch rider, applying the same percentage to all shareholders. In the event that Applicant takes delivery of the Shares at the future augmentation station at the river headgate, the ditch loss portion of the delivery shall remain in the ditch. C. The diversion season applicable to the Shares shall be the same as the season for all shareholders. D. Applicant has entered into an Operating Agreement with the Rural Ditch Company dated September 20, 2016. which will govern Applicant's deliveries of the Shares. CHANGE OF STORAGE WATER RIGHT 8. Decreed water right for which change is sought: A. Name of Structure: Rinn Valley Water Storage Reservoir. B. Date of original and subsequent decrees: Case No. 05CW315, Water Division No. 1, August 21, 2014. C. Legal description of location: SW'/4 of Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County. Colorado; and W'/z of SE'/ of Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. D. Points of Diversion: i. The Rinn Valley -Rural Ditch Diversion No. 1 diverts water from Boulder Creek in the NE1/4 of Section 20, Township 2 North, Range 68 West, 6th P.M., Weld County, Central Colorado Water Conservancy District Case No. 16 CW Page 5 of 9 Colorado. This point of diversion is described in more detail in the decree in Case No. 05CW315. ii. The Rinn Valley -Rural Ditch Diversion No. 2 will divert water from Idaho Creek in the SE'/4 of Section 16, Township 2 North, Range 68 West, 6`h P.M., Weld County, Colorado. This point of diversion is described in more detail in the decree in Case No. 05CW315. iii. The Rinn Valley -Idaho Creek Diversion No. 3 will divert water from Boulder Creek in the SW'/4 of Section 29. Township 2 North, Range 68 West, 6`" P.M., Weld County, Colorado. This point of diversion is described in more detail in the decree in Case No. 05CW315. E. Sources: Water tributary to the South Platte River from Boulder Creek and Idaho Creek. F. Appropriation Date: September 30. 1997. G. Total amounts decreed to structure: 325 acre-feet absolute and 47 acre-feet conditional for Phase 3 cell (372 acre-feet total) and 2.128 acre-feet conditional for Phase 1 and 2 cells (one fill) (total 2.500 acre-feet) and one refill for all cells not to exceed a combined total of 336 acre-feet. i. The Rinn Valley -Rural Ditch Diversion No. 1: 40 cfs, absolute. ii. The Rinn Valley -Rural Ditch Diversion No. 2: 40 cfs, conditional. iii. The Rinn Valley -Idaho Creek Diversion No. 3: 40 cfs, conditional. H. Decreed uses: Drought protection associated with the following specific uses: recreation and piscatorial uses within the reservoir cells; irrigation use on the Rinn Valley Project site; all commercial and industrial uses associated with sand and gravel mining at the Rinn Valley site; and augmentation and replacement associated with L.G. Everist mining operations along the South Platte River and its tributaries. In addition, water may be used for augmentation in accordance with an existing lease between L.G. Everist and Big Thompson Investment Holdings. LLC. The water may be fully consumed by storage and subsequent release and further exchange to the point of extinction. Proposed Change: Applicant seeks to change the use of the water right to include augmentation, recharge, replacement, industrial, municipal, and exchange, in addition to the decreed uses, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. The water right may be used as a source of substitution and replacement supply in the plans for augmentation in Case No. 02CW335 (Ground Water Management Subdistrict of the Central Colorado Water Conservancy District ("GMS")) and Case No. 03CW99 (Well Augmentation Subdistrict of the Central Colorado Water Conservancy District ("WAS")), and such other decreed augmentation plans as Applicant, GMS, or WAS shall obtain, for replacing well depletions and return flows. The water right may be leased to others for use. Central Colorado Water Conservancy District Case No. 16 CW Page 6 of 9 J. Remarks: Rinn Valley Storage Reservoir is owned by L.G. Everist, Inc. Applicant and L.G. Everist have entered into a Purchase and Sale Agreement for sale of the facilities and water rights to Applicant. CLAIM FOR CONDITIONAL WATER STORAGE RIGHT 9. Name of Reservoir: Rinn Valley Water Storage Reservoir. 10. Legal description of location: SW'/4 of Section 10, Township 2 North, Range 68 West, 6" P.M., Weld County. Colorado; and W'/2 of SE'/4 of Section 10, Township 2 North, Range 68 West, 6t P.M., Weld County, Colorado. 11. Sources: Water tributary to the South Platte River from Boulder Creek and Idaho Creek. 12. Points of diversion: A. Rinn Valley -Rural Ditch Diversion No. 1 will be located on Boulder Creek in the NE'/4 of Section 20, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. The point of diversion is the existing diversion structure which is owned by the Rural Ditch Company. B. Rinn Valley -Rural Ditch Diversion No. 2 will be located on Idaho Creek in the SPA of Section 16, Township 2 North, Range 68 West, 6th P.M.. Weld County, Colorado. The point of diversion is the existing diversion structure which is owned by the Rural Ditch Company. C. Rinn Valley -Idaho Creek Diversion No. 3 will be located on Boulder Creek in the SW'/4 of Section 29, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. The point of diversion is an existing diversion structure referred to as the Idaho Creek Carrier. D. Idaho Creek Diversion NW will be located on Idaho Creek in the NW'/4 SW'/ Section 10, Township 2 North, Range 68 West. 6th P.M., Weld County, Colorado. E. Idaho Creek Diversion North will be located on Idaho Creek in the N'/2 SW'/4 Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County. Colorado. F. Godding Ditch Diversion will be located on Idaho Creek in the SW'/4 Section 21, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. The point of diversion is the existing diversion structure which is owned by the Godding Ditch Company. 13. Appropriation date: April 19, 2016. A. How appropriation was initiated: By the formation of intent to appropriate, executing a purchase agreement for the water storage facility, and resolution by the Board of Directors. 14. Amount claimed: A. 3000 acre-feet, conditional, and one annual refill in the amount of 3000 acre-feet, conditional. Central Colorado Water Conservancy District Case No. 16 C W__ Page 7 of 9 B. Rinn Valley -Rural Ditch Diversion No. 1: 90 cfs, conditional, combined with diversions at the Rinn Valley -Rural Ditch Diversion No. 2. C. Rinn Valley -Rural Ditch Diversion No. 2: 90 cfs, conditional, combined with diversions at the Rinn Valley -Rural Ditch Diversion No. 1. D. Rinn Valley -Idaho Creek Diversion No. 3: 80 cfs, conditional. E. Idaho Creek Diversion NW: 10 cfs, conditional. F. Idaho Creek Diversion North: 50 cfs, conditional. G. Godding Ditch Diversion: 50 cfs, conditional. 15. Proposed uses: Recreation and piscatorial uses within the storage cells; augmentation. recharge, replacement, irrigation, industrial, municipal, and exchange. Applicant claims the right to totally consume the consumable portion of the water, either by first use, successive use. or disposition. The water right may be used as source of substitution and replacement supply in the plans for augmentation in Case No. 02CW335 (Ground Water Management Subdistrict of the Central Colorado Water Conservancy District ("GMS")) and Case No. 03CW99 (Well Augmentation Subdistrict of the Central Colorado Water Conservancy District ("WAS")), and such other decreed augmentation plans as Applicant, GMS, or WAS shall obtain, for replacing well depletions and return flows. The water right may be leased to others for use. 16. Remarks: The first annual fill of the reservoir will be limited to its as -built physical capacity. A portion of the fill. up to 2500 acre-feet, will be diverted pursuant to the 2005 storage right priority which Applicant claims to change in this application. The remainder, up to a total of 3000 acre-feet. will be diverted pursuant to the 2016 storage right claimed herein. A portion of the annual refill, 336 acre-feet, will be diverted pursuant to the 2005 priority. The remainder will be diverted pursuant to the 2016 refill right claimed herein. Releases may be made from the reservoir by any lawful means, including but not limited to pumping from the reservoir to Boulder Creek, or by pumping to the Rural Ditch for subsequent delivery to the St. Vrain River. 17. Names and addresses of owners, if other than Applicant, of land on which structures are located: L.G. Everist, Inc., 7321 E 88"' Ave., Suite 200, Henderson, CO 80640. Rural Ditch Company, 735 Bowen, Longmont, CO 80501. Weld County, c/o Bruce Barker, P.O. Box 758, Greeley, CO 80632. The Godding Ditch Company, P.O. Box 1826. Longmont, CO 80502. Big Thompson Investment Holdings, LLC, P.O. Box 273180, Fort Collins, CO 80527. Martin Marietta Materials Heaton Pit. 2702 State Highway 119, Longmont, CO 80504-9541. Central Colorado Water Conservancy District Case No. 16 CW Page 8 of 9 Dated September 28, 2016. LAWRENCE JONES CUSTER GRASMICK LLP Digitally signed by ��.0�� Kelly J. Custer �(j� Date: 2016.09.28 14:27:05 -06'00' Kelly J. Custer, #27247 E -filed per Rule 121 duly signed copy on file at the Law Offices of Lawrence Jones Custer Grasmick LLP Central Colorado Water Conservancy District Case No, 16 CW Page 9 of 9 VERIFICATION STATE OF COLORADO ) )ss. COUNTY OF`Co ) Ed Armbruster, P.E., being first duly sworn upon oath, deposes and states that he is the water resources engineer for the Applicant, that he has read the foregoing and that the contents contained therein are true and correct to the best of his information, knowledge and belief. Ed Armbruster' Subscribed and sworn to before me this 2 (p day of September, 2016, by Ed Armbruster. WITNESS my hand and official seal. My Commission Expires: MARISA VITELLO NOTARY PUBLIC STATE OF COLORADO NOTARY ID a 20124053542 MY COMMISSION EXPIRES 08.19.2029 r Pilled per Rule 121 duly signed copy on file at the Law Offices of Lawrence Jones Custer Grasmick LLP Hello