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Home My WebLink About20150514.tiff Esther Gesick From: Don Warden Sent: Thursday, February 05, 2015 10:24 AM To: Esther Gesick Cc: Robert J. Frick; Clayton Kimmi Subject: FW: Slovek Ponds and Augmentation Attachments: Case 01CW119 Decree- Raintree Wells -Weld Co Obligation.pdf; Slovek Pond Agreement.pdf Here is the information on the Slovek property we were looking for when I was there in January. It was done later than I thought. The law suit was in the early 1980's, but we did not resolve everything until 1997. Also,attached is the water decree. You may want to attach the water decree to the agreement somehow by having it as communications on the consent agenda, so we have a complete file in Tyler. Donald D. Warden Director of Finance and Administration Finance and Administration PO Box 758 1150 O Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us OPPI:, — r r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Clayton Kimmi Sent: Thursday, February 05, 2015 7:11 AM To: 'Brad Grasmick'; Robert J. Frick; Don Warden Cc: Clayton Kimmi Subject: Slovek Ponds and Augmentation All, Attached are the documents that we have in the water rights files from Steve regarding the augmentation of the Slovek ponds. Clay Kimmi, P.E., CFM Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley,7/l� CO 80632-0758 a Chin rviunsCGcutit0 O?-18-02-0ys 1 �� Ao3ts 2015-0514 O: 970-304-6496 x 3741 F: 970-304-6497 1��I 7011 wrtO/- ONTT U Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for g the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Hatcher [mailto:michelle@clearwatercolorado.com] Sent: Monday, February 02, 2015 4:03 PM To: Clayton Kimmi Cc: Steve Nguyen Subject: Hokestra Unlined Pond Obligation Hi Clay, I talked to Steve and dug through our files in search of documentation regarding the County's long term augmentation obligation for the unlined ponds at Hokestra. I found the attached documents: • 2 of 7.pdf—shows a draft agreement with the Sloveks. Paragraph 6 on pg. 5 of the pdf discusses long term augmentation. • Case 01CW119 Decree—This is the only decree that I could find that discusses the County's obligation. This is the decree for a couple of wells located amongst the unlined ponds. Hope this helps. Let me know if you have any questions. Michelle Michelle Hatcher,Water Resource Specialist Clear Water Solutions,Inc. (1)970.223.3706 (F)970.223.3763 www.clearwatercolorado.com 2 I D1S1 RICT COURT,WAFER DIVISION NO 1 STATE.OF COLORADO 901 9th Avenue Greeley, CO 80631 IN THE MATTER OF THE APPLICATION FOR WA fF.R RIGHTS OF RAINFREE LIMITED. INC. A COURT USE ONLY IN WELD COUNTY.COLORADO Case Number: 01CW119 Attorneys for Applicant Div.: Ctrm.: Richard A. Johnson(#16047) Stephen C. Larson(#23275) JOHNSON & REPUCCI LLP 1401 Walnut Street, Suite 500 Boulder, Colorado 80302-5332 Phone Number. 303-442-1900 RULING OF THE REFEREE AND DECREE OF THE WATER COURT The above-captioned application was referred to the Water Referee for Water Division No I,State of Colorado.by the Water Judge of said Court in accordance with Article 92, Chapter 37, of the Colorado Revised Statutes, known as the Water Right Determination and Administration Act of 1969 The undersigned Referee, having made such investigations as are necessary to determine that the statements in the application are true, and having become fully advised with respect to the subject matter of the application,does hereby make the following determinations and ruling as the Referee in this matter: 1 Application. The Application for Underground Water Rights was filed on July 31, 2001. by RainTree Limited, Inc ("RainTrce"), P.U. Box 2279, Longmont,Colorado 811502 Rain'frec is represented in this matter by Richard A Johnson and Stephen C. Larson of the firm Johnson & Repucci LLP, 1401 Walnut Street,Suite 500, Boulder, Colorado 80302. The Referee hereby finds that the application is complete,covenng all matters required by law. and that the statements in the application arc true. :194rmnime • Ruimp at the lit fame and minx tithe Water Court War iinwnn M 4 Cox No OICW119 2. Jurisdiction All notices required by law have been duly given and the Court has junsdiction over the subject matter of the application and over all persons affected thereby, whether or not they have chosen to appear 3 Objectors. Sand Land, Inc. and Varra Companies timely filed statements of opposition in this matter. No other statements of opposition were filed and the time for filing such statements has expired 4. Overview RainTrcc owns certain property located in the 51/2 SEl/4 of Section 35,T. 3 N, R. 68 W. of the 6th P.M and the N1/2 Nj.I/4 of Section 2,T. 2 N., R.68 W of the 6th P.M.. in Weld County,Colorado(the"Property"). The Properly was formerly the site of a mining operation of Weld County known as the"Hokestra Pit" Weld County mined the Hokcstra Pit pursuant to Iwo mining leases(the"Leases")with the previous owners of the Property,the Slovek family. As a result of Weld County's mining of the Hokestra Pit,six gravel pit lakes were created on the Property,known collectively as the"Slovek Lakes." The Slovek Lakes arc adjacent to the St. Vram River and intercept groundwater tributary to the St. Vram River, the evaporative losses from which are augmented by Weld County pursuant to the terms of its permit Two of the Slovek Lakes on the Property, Lake No.2 and Lake No. 6,concern the present ruling and decree,as do the two wells on the Property known as Well No I and Well No.3 By this ruling and decree,RainTree adjudicates two absolute non-consumptive underground water rights in these two wells. RainTree pumps water from Well Nos. 1 and 3 into Lake Nos 2 and 6,respectively, at rates that do not result in any increase in the evaporative losses from these lakes which is augmented by Weld County. The purpose of RainTree's pumping is to keep the lakes habitable for aquatic wildlife, including fish Given the wells' adjacent proximity to the lakes, the effect of the pumping is to pump groundwater to the lakes that would otherwise be intercepted by the lakes A map depicting the general location of the Property, Lake Nos. 2 and 6.and Well Nos. 1 and 3 is attached as Exhibit A. 5 Name of Structures. A. RainTrec Well No. I B RainTree Well No.3 6 Legal Descriptions A jtainTree Well No 1. This well is located in the N1/2 NEI/4 of Section 2, T. 2 N ,R. 68 W of the 6th P M. in Weld County.Colorado. The well is located approximately 810 feet from the North section line and approximately 2110 feet from the East section line of Section 2. 21u5 smuts. -?- Ruling of the Referee and Druw of the Water('iwrt Water Dorman No 4 rate 'n WWI to 13 RainTree Well No. 3 This well is located in the NI/2 NE1/4 of Section 2, T. 2 N , R. 68 W. of the 6th P.M in Weld County.Colorado The well is located approximately 400 feet from the North section line and approximately 1000 feet from the East section line of Section 2 7. 52gise. A. RainTree WeiLNo I The source for RainTree Well No 1 is groundwater tributary to the St. Vram River. B. JtamTree Well No 3 The source for RainTree Well No. 3 is groundwater tributary to the St Vram River 8. mount. A. RainTree Well No 1: 40 gpm, absolute. 13. RainTree Well No 3 45 gpm,absolute 9. Date of Appropriation. A. RuinTrec Well No 1. February 6, 1998 'I he appropnation was initiated by formation o f the requisite intent to appropriate coupled with actions manifesting such intent, including without limitation, filing for a well permit in the State Engineer's Office,enginccnng work, field inspections and drilling and pumping the wells. B. RainTree Well No 3 February 6. 1998. The appropnation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such intent, including without limitation, filing for a well permit in the State Engineer's Office.engineering work, field inspections and dnlling and pumping the wells. 10 IS RainTree Well No 1 and RainTree Well No 3 will be used for recreational, aesthetic, and piscatonal purposes,and for fish and wildlife habitat and propagation,by providing freshening flows to Lake Nos 2 and 6,respectively. I I Stipulations with Objectors. RainTree has entered into a stipulation with Sand Land, Inc. and Varra Companies dated}ebruary 17.2003 This stipulation is hereby approved. incorporated into this ruling and decree as if set forth fully herein, and is binding upon the parties, their successors and assigns 2105/ramtne -3- Ruling 01 the Referee and Decree of the Water Court Water Thrown NV 4 t tie No WWI TV 12. Terms and Conditions'. The Referee hereby determines that the above-described water rights have been appropriated and put to beneficial use and that such use will not result in injury to any owners of or persons entitled to use water under a vested water right or a decreed conditional water right, if used in accordance with the terms and conditions set forth below A. Pumping from RainTree Well No. 1 and Rain free Well No 3 into Lake No 2 and Lake No 6, respectively,shall be and hereby is deemed to be non-consumptive and in accordance with the requirements of the South Platte Groundwater Rules and Regulations,so long as the average well yields do not exceed the rates described in paragraph 8 above. B. Properly maintained measuring devices, acceptable to the Division Engineer or Water Commissioner shall be installed RainTree shall report the amounts and dates of the water diversion under this right to the Water Comnussioncr on an annual basis,or,if requested by the Water Commissioner or Division Engineer,RainTree shall so report on a monthly basis C. The Referee finds, and the parties agree,that so long as Lake No.2 and Lake No.6 arc otherwise intercepting groundwater, the pumping of Well No. 1 and Well No. 3 into such lakes in accordance herewith(i)has the effect of delivenng groundwater to such lakes that would,even in the absence of such pumping,be intercepted by such lakes;and(ii)such pumping dots not cause an increase m the amount of groundwater that reaches the lakes nor, accordingly,an increase in the evaporative losses from such lakes Evaporative losses from the lakes is replaced by Weld County,whose mining operations created the lakes See 1 4, above If Weld County or its successors or assigns should ever cease to augment the evaporative losses of groundwater from either Lake No 2 or Lake No 6, then RainTree Well No. I and RainTree Well No 3,as the case may be,shall cease out-of-priority pumping into such lake or lakes,absent an approved Substitute Water Supply Plan or an approved plan to augment any evaporative losses associated with such pumping 13 Ruling and Decree. The foregoing paragraphs are hereby fully incorporated and made a part of this Ruling. The Referee finds that RainTree has satisfied all necessary legal pre- requisites for appropriation and adjudication of the subject underground water ngltts under Colorado law and hereby rules that the water rights descnbed above at paragraphs 4-12 arc hereby granted. fhe Referee further finds and rules that under the terms and conditions set forth in paragraph 12 above,the water supply to which senior appropnators arc entitled is not impaired by these operations and there will be no injury to any owner of,or person entitled to use water under,a vested water nght or a decreed conditional water right 2 OrQra nhee -4- Ruling of the Ralerte and Drove in the Wait C rwrt Water On mon..to 4 t'+ae Nu OlCW114 It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the Division Engineer for Water Division No I and the State Engineer. Dated this B _day of_ M.41 _ ,2003. BY THE RE FREE: t �( J _ ymo S.Liesman Water eferce Water Division No. 1 :[Os;lymlme -5- RECEIVED CENTRAL FILES JUN 10 umtweu Vall iant wat Ruling of the Referee and Manx ill the War Caul Weer rattail Ho` Case No Mewl In NO PROTEST WAS FILED IN THIS MATTER. TILE FOREGOING RULING IS CONFIRMED AND APPROVED AND IS MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated this q day of _ 6,441.. , 2003. BY THE COURT. Alvaa _______ . lein Water Judge Water Division No I 2ionamati. -6- • ,dent By: APPLEOATE GROUP, INC.; 30345227583034528B11;Ju1.30-01 14:18; Page 2/2 \ ifrmrs . I a. - \` ` y IF R■�'. A1 =II • . ,. , '.:12, tr-C.7:c• & .Vrair �.��.. . r. J'+'" I LA, n .w:M 1 • • • 1 C till: g l .. 1 ' 2.Q 1 11j .i1. .,. _� i /".. .<.\ t l/ 1 T 3 N(- \/' :{` WELL3 ;T 2 N wcE 2 I I tlE ( 1O.8 ACRES I r --� L .�` tt It li iI. II WELL 1 IIi II { el II a r.......... li 4832 I ellN„ 500 230 0 500 4 4 611-I J W N FEET k EaTt•IT A or UAW Apploate ,,/,�� Grow w- ,,..Ifl 1VIRTI�E•w��,INC.� ..... Ow' IUD Ya I limp SLOWS PROPERTY WYIYlY�1..ma.f.•�� •r•.� Wr ma Y•�L��Ma Pa Yti Vairfililis IloeNllll tam rail wxYY �wY�agle EXHIBIT A Hello