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Home My WebLink About20140553.tiff LAWRENCE JONES CUSTER GRASMICK LLP ATTORNEYS AT LAW 5245 RONALD REAGAN BLVD.,SUITE 1 JOHIVSTOWN,COLORADO SO534S34 TELEPHONE:970-622-8181 TELECOPIER:970-660-4412 W W W.LICGLAW.COM BRAD@LICGLAW.COM KIM R.LAWRENCE • P.ANDREW JONES • KELLY J.CUSTER • BRADLEY C.GRASMICK • DAVID P.JONES • ALYSON K.SCOTT February 18, 2014 RECEIVED FEB 19 2014 The Board of County Commissioners of the County of Weld WELD COUNTY P.O. Box 758 COMMISSIONERS Greeley, CO 80632 Re: Final Recorded Decree of the Water Court—Case No. 06CW274 Dear CCWCD: Enclosed is the Original Recorded copy of the above mentioned Decree. Please keep it safe in your records as it is the only original. The Law Offices of Lawrence Jones Custer Grasmick will only have a scanned version on file. Please contact Mr. Bradley C. Grasmick or myself at the number provided above if you have any questions. Thank you, LAWRENCE JONES CUSTER GRASMICK LLP Jessi'a 1 reen, Legal A.sistant to Bradley C. Grasmick Enclosure 2014-0553 rii/y6M7. lI 'UDYI.al eer ! CA (BratiaBrovi) a- y-caoiy a/ao/iy 3C,0014 7 3995017 Pages: 1 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1lll kratlis 416'114A PAI ig'Finl lh'+Mi,il li III III DISTRICT COURT, WATER DIVISION NO. 1, WELD COUNTY, COLORADO DATE FILED:January 31,2014 12:21 PM 9th Street& 9th Avenue CASE NUMBER:2006CW274 P.O. Box 2038 Greeley, CO 80632 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ♦COURT USE ONLY♦ IN WELD COUNTY. Case No.2006CW274 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE OF THE WATER COURT This Claim for approval of change of water right and plan for augmentation, having been filed with the Water Clerk, Water Division No. 1 on December 28, 2006 and all matters contained in the application having been reviewed and testimony and evidence having been taken as necessary,the Court hereby enters the following Findings of Fact, Conclusions of Law, Ruling and Decree: FINDINGS OF FACT 1. Applicant. The Applicant is the Board of County Commissioners of the County of Weld. Their address is P.O. Box 758, Greeley Colorado 80632. 2. Application. Applicant filed an Application for Change of Water Rights and Fjn Approval of Plan for Augmentation on December 28, 2006. 3. Publication. The Application was properly published. All notices of this matter 5 required by law have been made and the Court has jurisdiction over the subject matter of this application and over all persons and property affected by it whether they or its c a owners have appeared. 4. Statements of Opposition. The following parties filed timely statements of opposition: The City of Aurora, the City of Englewood, The City of Greeley acting by and through its Water and Sewer Board, The Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central Colorado Water b IA Conservancy District and the Well Augmentation Subdistrict of the Central Colorado 4 o; Water Conservancy District (collectively "Central"), the United Water and Sanitation c m District, the South Adams County Water and Sanitation District, the City and County ?ta `" o� of Broomfield and the Harmony Ditch Company. The time for filing Statements of +�'F � Fo 3995017 Pages: 2 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■IIIM!�1�°'JS}V e'4'�,ilia}'.L'1�iVLI1�IJt '','HIi,iFir+I YLIh Bill Case No.06CW274 Page 2 of 15 Opposition has expired. Stipulations have been entered into by the Applicant with the following Opposers and they have been approved and are on file with the Court: 4.1. The City and County of Broomfield entered into a Stipulation with the Applicant on October 22, 2013. 4.2. The City of Greeley, acting by and through its Water and Sewer Board, entered into a Stipulation with the Applicant on January 13, 2014. 4.3. The City of Englewood entered into a Stipulation with the Applicant on January 16, 2014. II 4.4. South Adams County Water and Sanitation District entered into a Stipulation with the Applicant on January 27, 2014. i of Aurora entered into a Stipulation with the Applicant on January 27, 4.5. The City p pp 2014. 4.6. Central withdrew its Statement of Opposition on May 6, 2010. 4.7. Harmony Ditch Company withdrew its Statement of Opposition on March 4, 2013. 4.8. United Water and Sanitation District withdrew its Statement of Opposition on June 5, 2013. CHANGE OF WATER RIGHTS 5. Water Rights to be Changed. 52 Shares in the Lupton Meadows Ditch Company represented by Stock Certificate Nos. 631, 475 and 624 (hereinafter the Lupton Meadows Shares). There are 3,573 shares of the Lupton Meadows Ditch Company delivered through the Lupton Bottoms Ditch and the 52 shares being changed herein represents a pro-rata amount of 1.5% of the Lupton Meadows Ditch Company shares delivered through the Lupton Bottoms Ditch. 6. Previous Decrees. The Lupton Meadows Shares were historically delivered via the Lupton Bottoms Ditch. The decreed point of diversion for the Lupton Bottoms Ditch is on the west bank of the South Platte River in the northwest quarter of the southwest quarter of Section 19, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. The Lupton Meadows Ditch Company (LMDC) owns the following water rights delivered via the Lupton Bottoms Ditch: 43 Shares in the Lupton Bottom Ditch Company (LBDC). Applicant's Lupton Meadows Shares received its supply of water from the following priorities, as confirmed in the decree entered in Case No. 6009, Arapahoe County District Court,April 28, 1883: 3995017 Pages: 3 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO Mill 1riahldia,lfh. lI�RFI�Ji�,II��I�� WARM Case No.06CW274 Page 3 of 15 Priority LMDC LBDC LMDC Weld Decreed Amount County's No. Ownership Amoun (cfsl Pro-rata 5 52.12% 47.70 24.86 0.36 20 100.00% 10.00 10.00 0.15 31 52.12% 92.87 48.41 0.70 Total: 150.5 83.27 1.21 7. Historical Use. Water attributable to 26 shares, represented by Certificate No. 631 was used on approximately 17.2 acres in portions of both the W %2 of Section 19 and the SW '/4 of Section 18Township 2 North Range 66 West of the 6th P.M. hereinafter referred to as the Bearson Parcel'. Water attributable to 26 shares represented by Certificate Nos. 475 and 624 was used along with water from an additional 60 shares on approximately 50.2 acres in the SE 'A of Section 13 Township 2 North Range 67 West of the 6th P.M and the SW '/4 of Section 18 Township 2 North Range 66 West of the 6th P.M. hereinafter referred to as the Koenig Parcel. The other 60 shares of the Lupton Meadows Ditch Company used on the Koenig Parcel were previously changed in Case No. 02CW265 by Central. The Koenig and Bearson Parcels are hereinafter referred to as the "Property". The Property is shown on the map attached hereto as Exhibit 1. A study period of 1941 to 1985 was selected for the Bearson Parcel and a study period of 1950 to 1993 was selected for the Koenig Parcel based on an examination of aerial photos and the availability of historical cropping data during that time period and the study period used in the decree in Case No. 02CW265. These study periods included wet, dry and average years and were representative of the historical lawful irrigation use of the Lupton Meadows Shares. During the study period, the Lupton Meadows Shares were used on the Property to grow silage corn, grain corn, alfalfa, barley, potatoes, small vegetables, sugar beets and dry beans. 8. Diversions, Ditch Loss, Return Flows and Consumptive Use. Total diversions attributable to the Lupton Meadows Shares during the study period are shown on Exhibit 2, attached hereto. Ditch loss from the Lupton Bottoms Ditch averaged 35% over the study period. The farm headgate delivery attributed to the Lupton Meadows Shares averaged a total of 96.64 acre-feet per year which amounts to 1.86 acre-feet per share per year. The maximum irrigation efficiency from the use of water attributable to the 1 The Bearson Parcel and the shares used thereon were part of a larger farm comprised of approximately 465 acres irrigated by 618 shares in the Lupton Meadows Ditch Company formerly owned by Welco Ventures (hereinafter "Welco"). Welco sold three blocks of Lupton Meadows Ditch shares totaling 106 shares along with 3 parcels of land between 1985 and 1987. One of the three parcels was the Bearson Parcel. The remaining 512 shares and lands were sold to South Adams County Water and Sanitation District, which changed its shares in Case No. 01CW258. The ratio of 26 Lupton Meadows Ditch Shares to acres irrigated on the Bearson Parcel is similar to the ratio of 618 Lupton Meadows Ditch Shares to the total irrigated acres on the original Welco property. 3995017 Pages: 4 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III IMiir1inith'JlWAYillRI1gY10411101ALti, Uhl Case No.06C W274 Page 4 of 15 Lupton Meadows Shares was determined to be 65%. The historical on-farm depletion of surface water supply of the Lupton Meadows Shares averaged approximately 45.40 acre-feet per year which amounts to 0.87 acre-feet per share. Return flows from the use of the Lupton Meadows Shares accrued to South Platte River in Sections 18 and 19 of Township 2 North, Range 66 West below the headgate of the Platte Valley Canal and averaged 51.24 acre-feet per year during the study period which amounts to 0.99 acre-feet per share. 9. Change of Use. Applicant seeks to change the use of the Lupton Meadows Shares to include augmentation, by direct release or by storage and later release and recharge with the right to totally consume the consumable portion of the water, either by use or disposition. Specifically, the Lupton Meadows Shares will be used as an augmentation supply in the augmentation plan decreed herein and may be returned to the South Platte River via the Bearson augmentation station located in the SE ''A of the NW '/4 of Section 19, Township 2 North Range 66 West or stored in Koenig Reservoir located in the SE 'A of Section 13 Township 2 North Range 67 West. Applicant may store the full augmentation station delivery to all or any portion of the Lupton Meadows Shares in Koenig Reservoir so long as all return flow obligations for the Lupton Meadows Shares changed herein are satisfied by Applicant pursuant to the terms and conditions of this Decree. The Lupton Meadows Shares may also be used in such other plans for augmentation, either directly or via recharge or after storage, in a manner consistent with this Decree and the decrees or substitute water supply plans approved by the state engineer under C.R.S. § 37-92-308 or successor statutes, governing such plans. In the event of any use of the Lupton Meadows Shares in another plan for augmentation or a substitute water supply plan, Applicant shall remain responsible for meeting its historical return flow obligations hereunder, and for tracking, accounting for, and operating within all volumetric limits imposed by this Decree. Applicant shall replace return flows from the Lupton Meadows Shares in response to downstream calls affecting the South Platte River at the place where those returns historically accrued senior to December 28, 2006. 10. Terms and Conditions; Change of Water Right. 10.1. Diversion Season. Diversions of water attributable to the Lupton Meadows Shares shall be limited to the period April 1 through October 31. 10.2. Volumetric Limits. The following volumetric limits shall apply to the use of the Lupton Meadows Shares: 10.2.1. Maximum Annual and 20 Year Cumulative Delivery Limits. Deliveries of the Lupton Meadows Shares shall be limited to a cumulative volume of 1,900 acre-feet on a rolling 20-year basis and a maximum annual volumetric delivery limit of 131 acre-feet. 3995017 Pages : 5 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 Steve Moreno , Clerk and Recorder , Weld County , Co ■III ��l�'��I��ii��y�I�h��:Y i,k��V�:;��I��I'�r'� Siti E111 ■III Case No. 06CW274 Page 5 of 15 10.2. 1 . 1 .Phase In of the 20 Year Average Delivery Limits. During the first 19 years of operation under this Decree, the deliveries shall be limited to 950 acre-feet during any consecutive 10-year period, in addition to the cumulative monthly volumetric limits, as shown in the table in Paragraph 10.2.2 below. 10.2.2. Maximum Monthly Farm Headgate Delivery Limits. Deliveries of the Lupton Meadows Shares shall not exceed the monthly amounts shown below: Cumulative 20-year Rolling 10 - Cumulative Maximum Monthly Rolling Total Total Volumetric Delivery Limits for 52 Monthly Volumetric Limitations on First 19 Month LMDC Shares Limitations Years of Operation (ac-ft) (ac-ft) (ac-ft) Jan 0 p 0 Feb 0 0 0 Mar 0 0 0 Apr 13.1 77 38.3 May 25.6 256 128.2 Jun 35.2 368 184. 1 Jul 32.3 448 224. 1 Aug 29 392 195.8 Sep 22.1 248 123.8 Oct 14.3 111 55.6 Nov 0 0 0 Dec 0 0 0 Total 131 .2 1 ,900 950 10.3 . Return Flow. Future deliveries of the Lupton Meadows Shares shall incur a return flow obligation as set forth in paragraphs 10.3. 1 and 10.3 .2 below. Historic return flows for the Lupton Meadows Shares averaged 51 .24 acre-feet per year with approximately 45% occurring as surface returns and 55% occurring as subsurface returns. The monthly on-farm subsurface returns were lagged to the river using the Alluvial Water Accounting System (AWAS). 10.3. 1 . Summer Return Flows. Return Flow obligations from April to October shall be replaced daily and calculated by multiplying the daily farm headgate delivery of the Lupton Meadows Shares by the following factors for the month in which the water is delivered: Apr May Jun Jul Aug Sep Oct 0.649 0.551 0.461 0.370 0.385 0.502 0.807 3995017 Pages: 6 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III�4�11�' Prrl�hX'I 11�'ti�u�>h 'Leith till Case No.06CW274 Page 6 of 15 10.3.2. Winter Return Flows. Return Flow obligations from November to March shall be calculated by multiplying the total deliveries of the Lupton Meadows Shares made in the prior year, in acre-feet, by the respective monthly factor set forth in the table below. The daily obligation shall then be determined by dividing the monthly amount by the number of days in the applicable month. Jan Feb Mar Nov Dec 0.011 0.009 0.007 0.021 0.015 10.3.3. Replacement of Return Flows. Return flows shall be replaced on a daily basis whenever there is a valid downstream call senior to December 28, 2006 via releases to the South Platte River or its tributaries which makes water available upstream of the affected calling right located downstream from the point where the returns impacted the South Platte River. Return flows for the shares used on the Bearson Parcel impact the South Platte River in the NE VI of Section 19, Township 2N, Range 66W of the 6th PM. and return flows from shares used on the Koenig Parcel impact the South Platte River in the SW '/4 of Section 18, Township 2 N Range 66 W of the 6th P.M. Replacement sources shall include direct delivery of the Lupton Meadows Shares, releases of water attributable to the Lupton Meadows Shares from Koenig Reservoir, deliveries to Applicant pursuant to the perpetual water lease between the Applicant and the City of Greeley dated November 10, 2004 (the"Greeley Lease")and other water supplies which are legally available to replace return flows, added as a replacement source pursuant to the terms of paragraph 16.3 and/or 17 herein and deliverable upstream of the water right entitled to receive said return flows. 11. Dry Up. A total of 32.4 acres on the Property shall not be irrigated by any Lupton Meadows Shares. The lands to be dried up are depicted in Exhibit 7. The Koenig and Bearson Parcels have been or are in the process of being mined and have been effectively removed from irrigation. Approximately 7.6 acres on the Bearson Parcel currently contain vegetation which consumes groundwater due to locally high groundwater conditions. Until such time as Applicant chemically treats said plants or otherwise removes them so as to eliminate the consumption of groundwater to the satisfaction of the Division Engineer, Applicant shall account for the continuing consumption by reducing its consumptive use entitlement and increasing its return flow obligations associated with the Lupton Meadows Shares changed herein by the acre foot amounts shown in Table 12 attached hereto as Exhibit 6.Applicant shall serve notice 3995017 Pages: 7 of 28 Sttev0epp7 Moreno,OuuClerk PM Relcoorrd{err$�µ1eWeld`CoounttyA, CoL `' ,` ®III Ri�'e1��eY'�I14 tif�eA JSit hTfi l"di'i hi Mal la IMiYi 1111 Case No.06CW274 Page 7 of 15 upon the objectors in this case at the same time it notifies the Division Engineer of the fact it has eradicated the plants so as to eliminate the consumption and shall provide the objectors the same information it provides to the Division Engineer regarding the removal of said vegetation. Objectors shall have 30 days to contest the fact that such consumption has been eliminated as claimed in Applicant's notice, and the court retains jurisdiction hereunder to resolve said objection. This dry up adjustment to Applicant's consumptive use entitlement is independent of the augmentation and return flow obligations required elsewhere in this decree. 12. Diversions and Deliveries. Applicant shall take delivery of water attributable to the Meadows Shares by continuing to divert the same at the headgate for the Lupton Lupton g Bottoms Ditch and running the same through the Lupton Bottom Ditch "east lateral " for delivery to either the Bearson augmentation station which returns water to the South Platte River below the Platte Valley Canal headgate in the NW l/4 of the NE 'A of n e 66 West of the 6 th P.M. or Koenig Reservoir in Section 19, Township 2 North, Rag the SE 'A of Section 13 Township Rang e67 North Ran e67 West as shown on the map attached as Exhibit 3. Water from the Bearson augmentation station is measured approximately 0.58 miles before it is delivered to the South Platte River and Applicant shall reduce its measured deliveries by 0.5% per mile to account for any and all transit losses from the point of measurement to the point of delivery to the South Platte River. Furthermore, when water available from the Lupton Meadows Shares is transported in the South Platte River or its tributaries for any uses decreed herein it shall be charged such transit losses as determined by the Division Engineer in the same manner as for other water users using the stream for carriage of their water. Such transit losses shall also be assessed when water available under the Lupton Meadows Shares is transported for use by others in other decreed plans for augmentation or approved substitute water supply plans. 13. Future Consumptive Use Entitlement. The quantity of water attributable to the Lupton Meadows Shares which is not identified as return flow by this Decree is equivalent to the consumptive use attributable to the Lupton Meadows Shares. The consumptive use attributable to the Lupton Meadows Shares may be totally consumed without injury to other water users, subject to the terms and conditions of this Decree. The average historical consumptive use for the Lupton Meadows Shares has been calculated to be approximately 45.55 acre-feet per year. In the event the call is junior to December 28, 2006, Applicant may consume the quantity of water identified by this Decree as return flows associated with the Lupton Meadows Shares for the uses decreed herein subject to the terms of this Decree. PLAN FOR AUGMENTATION 14. Structures to Be Augmented. The Bearson Pit. The Bearson Pit is located in the NW 'A and the NE 1/4 of Section 19 Township 2 North Range 66 West of the 6th P.M., Weld County, Colorado; with an approximate center point of 3,225 ft from East Section Line 3995017 Pages: 8 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III(WAD IAlF'6i i1'F1' h�''iYlrh ®IIII Case No.06CW274 -- Page8of15 and 405 ft from North Section Line for the North Pond and 2,515 ft from East Section Line and 1,635 ft from North Section Line for the South Pond. The Bearson Pit is a former gravel pit that is currently unlined and intercepts tributary groundwater. There is no water right decreed to or pending for the Bearson Pit; however,nothing herein precludes Applicant from applying for such a water right in the future. Well permit No. 57967-F (a gravel pit well permit) was issued by the State Engineer's Office for the Bearson Pit on August 5, 2002; a subsequent gravel pit well permit, No. 63397-F, was issued for the Bearson Pit on October 5,2005. 15. Location of Depletions. Evaporative depletions from the Bearson Pit impact the South Platte River above the Meadow Island No. 2 Ditch headgate in the SE '/4 of the SW 1/4 of Section 18, T2N, R66W for the North Pond and above the Evans No. 2 Ditch headgate in the SW'/ of the NE '/ of Section 19, T2N, R66W of the 6th P.M. for the South Pond. 16. Water Rights to be Used for Augmentation. The augmentation supplies to be used in this plan consist of the following: 16.1. The Lupton Meadows Shares. Weld County will continue to divert its 52 LMDC shares at its Lupton Bottom Ditch headgate off of the East Lateral. An augmentation structure has been constructed at a point approximately 2,545 feet from the north section line and 1,518 feet from the west section line in the SE '/4, NW '/4 of Section 19, Township 2 North, Range 66 West of the 6th P.M. The return ditch delivers to the South Platte River below the Platte Valley Canal (Evans No. 2) headgate in the NE '/ of Section 19, Township 2N, Range 66 West. This augmentation station may be revised or other augmentation stations added as determined by agreement with the Lupton Bottoms Ditch Company from time to time in the future, and releases made from such additional augmentation stations upon approval of the Division Engineer. If Applicant seeks to add a new augmentation station, Applicant shall serve notice on the Division Engineer and the objectors in this case who shall have 30 days to provide comments to the Division Engineer. The Court retains jurisdiction to resolve any disputes regarding the Division Engineer's approval or denial of the use of different augmentation stations. 16.2. Water delivered pursuant to the Greeley Lease. Weld County has rights in and to 300 acre-feet of fully consumable water via the Greeley Lease. Water made available under the Greeley Lease shall be delivered to the Cache la Poudre River from the Greeley Municipal Wastewater Treatment Plant outfall, which is located on the south bank of the Cache la Poudre River in the SW 1/4 of the SW 1/4 of Section 4, Township 5 North, Range 65 West of the 6th PM or at such other delivery points that Weld County and the City of Greeley agree in writing; provided, such other points are capable of delivering replacement water above the downstream calling water right. 3995017 Pages: 9 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III lilr1R�'��4ti i li'��INCh1Yrieitall�I+ tIL4! F�'�d lid 11111 Case No.06CW274 Page 9 of 15 16.3. Supplies of Replacement and Augmentation Water of Limited Duration, Additional or Alternative Sources. The Court authorizes the use of supplies of replacement and augmentation water of limited duration, and additional and alternative sources for replacement for depletions and return flows in this Augmentation Plan if such supplies and sources are decreed or lawfully available for such use, are part of an SWSP approved pursuant to C.R.S. §37-92-308 or an interruptible supply agreement approved under C.R.S. §37-92-309. This paragraph sets forth the procedure under which these sources may be used in this plan. These procedures are adequate to prevent injury to other water rights that might otherwise result from the addition of these sources to this plan. 16.3.1. Additional Water Rights Separately Decreed or Lawfully available for Replacement or Augmentation Use. If a water right is decreed or lawfully available for replacement or augmentation use and not already approved for such use under this decree, Applicant shall give at least 30 days advance written Notice of Use of Water Right for Augmentation or Replacement ("Notice") to the Court, the Division Engineer and all the objectors herein which shall describe: 1) the water right by name and decree, if any; 2) the annual and monthly amount of water available to Applicant from the water right; 3) the location or locations at which the water will be delivered to the stream; 4) evidence that the claimed amount of water will not be used by another person; and 5) the manner in which Applicant will account for use of the augmentation credits or replacement water. Any objections to the inclusion of a noticed water right hereunder shall be filed with the court and served on the parties within 30 days after the Notice is filed by the Applicant. If no objection is so filed, then Applicant may use the noticed water rights in this plan for augmentation and for historical return flow replacement in the manner stated in the Notice, without further action by the Court. If an objection is so filed, then Applicant may not use the noticed water rights until the Court determines whether the water rights may be used in this plan for augmentation and for historical return flow replacement, and if so, under what necessary terms and conditions to prevent injury to vested water rights and decreed conditional water rights. No water right may be used unless the Division Engineer approves of its use pursuant to this paragraph. 16.3.2. Additional Water Rights — Temporary Administrative Approval. If a water right is not decreed or otherwise lawfully available for augmentation or replacement use, and Colorado statutes or other governing authority provide a mechanism for using such water right without the need of a decree or well permit, Applicant shall provide written notice to the objectors herein of its request for approval of the State Engineer pursuant to §37-92-308 or §37-92-309, C.R.S., or other 3995017 Pages: 10 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III M��l11R II, '4S+�i�r�JhQh; I+L�tfi�11W RAY I�h ■IIII Case No.06CW274 Page 10 of 15 applicable statute. Such notice shall be in addition to any notice required by the applicable statute. Applicant also shall provide the following information in its notice to the parties pursuant to this paragraph : 1 ) the source of water proposed for use; 2) the amount of water available to Applicant; 3) the timing of the availability of the water; 4) the point of delivery of the water; and 5) Applicant' s legal entitlement to use the water for augmentation or replacement purposes. Applicant may use such water rights in this plan of augmentation and/or for replacement of historical return flows upon the State Engineer's approval of the underlying administrative application for the term of such approval, unless such approval is reversed or modified on appeal or under retained jurisdiction. 16.3.3. Retained Jurisdiction. The Court retains jurisdiction in this matter to add sources and supplies for replacement or augmentation use to this plan for augmentation and to resolve any disputes related to the addition of sources and supplies hereunder. 17. Replacement by Recharge or Other Source at the Point of Depletion. Applicant is in the process of identifying and plans to construct a recharge pond or ponds and/or acquire or develop other water supplies which can be used to replace depletions under this Plan at the point of depletion for the Bearson Pit as described herein. No specific recharge right is decreed herein, and no specific practice of recharge is approved herein. In order to add a new water supply, Applicant shall follow the provisions of paragraph 16.3. In order to add a recharge pond to this plan, Applicant shall serve notice on the Division Engineer and the objectors in this case. Objectors shall have 90 days from the date of such notice to provide comments to the Division Engineer. The notice shall include, in addition to the information required by the State Engineer's recharge protocol in effect at the time notice is given, at least the following information: (1) a description of the proposed recharge site; (2) the location of the recharge site; (3) the capacity of the site; (4) the information required to determine evaporation from the site, including the surface area, and a stage-capacity relationship determination for the site and the average monthly net evaporation values based on the location of the site; (5)the W, B, X, S and T values to be utilized in the analytical equations by Glover and others representing a no-flow boundary which will be used to determine the effect of the recharge accretions on the South Platte River from the recharge site; and (6) updated accounting forms. If no comments are filed by Objectors, upon approval by the Division Engineer, Applicant may use the noticed recharge site in this plan for augmentation in the manner approved by the Division Engineer, without further action by the Court. If comments are filed by Objectors, then Applicant may not use the noticed recharge site unless and until the Court determines whether the recharge site may be used in this plan for augmentation, and if so, under what necessary terms and conditions to prevent injury 3995017 Pages: 11 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III IiiictI Q14.'Ir ifilit UNWARY,I7 K141ild ■III Case No.06CW274 - -- Page 11 of 15 to vested water rights and decreed conditional water rights. The Court retains jurisdiction to resolve any dispute regarding the approval, use or operation of any new recharge pond. 18. Method for Determination of Depletions. Depletions from the Bearson Pit are based, in part, on the number of surface acres of ground water exposed within the Bearson Pit and corresponding weather data for locations at or near the location of the Bearson Pit. The total maximum exposed surface area of the two ponds comprising the Bearson Pit is equal to 8.4 acres2. The calculated annual gross evaporation for the Bearson Pit was calculated from data published by Farnsworth et.al (1982) in NOAA Technical Report NWS 33. The Bearson Pit is situated between the 40 and 45 inch contour intervals on the annual free water surface evaporation map. A straight line interpolation resulted in an estimated gross evaporation at the Bearson Pit of 44.1 inches. This annual amount has been redistributed monthly according to the guidelines provided in SB 89-120. A credit for effective precipitation, equal to the effective precipitation determined from the historical use analysis,was applied to offset the gross evaporative losses from the Bearson Pit. The net evaporation was then determined by subtracting the effective precipitation from the gross evaporation. The calculated net evaporation was determined to be 3.28 acre-feet per acre per year or a total of 27.53 acre-feet per year of evaporative depletions for the total maximum exposed surface area of the Bearson Pit. 19. Timing and Location of Depletions. Evaporative depletions calculated as described in paragraph 17 above will produce lagged depletions to the South Platte River. Accordingly, the net depletions from the Bearson Pit shall be lagged to the South Platte River using the analytical equations described by Glover (Glover, Robert E., 1977, Transient Ground Water Hydraulics, Water Resources Publications) and others, as available in the AWAS computer program or another acceptable program which applies the Glover methodology. Aquifer properties used to lag the depletions are as follows: X B W T s (feet) (fee (feet (end/ North Pond 534 5,242 5,776 158,175 0.20 South Pond 1,09 5,893 6,990 166,322 0.2 20. Replacement of Out of Priority Depletions. The daily amounts required to be replaced to offset evaporative depletions from the Bearson Pit are set forth in Exhibit 4. T o prevent injury to vested water rights, Applicant shall make replacement of out-of-priority depletions in time, location and amount from the sources identified herein, via releases to the South Platte River or its tributaries at or above the point of depletion of the Bearson Pit, or at or above the location of the calling 2 6.1 surface acres are exposed on the north pond and 2.3 acres on the south pond. 3995017 Pages: 12 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII M��J�'litlir!��ti'�+�F�«N:F,ILlifir'L�1 A'rM�I�,YL,h �I III Case No.06CW274 Page 12 of 15 water right, including exchanges, that is downstream of the point of depletion. Replacement shall be made on a daily basis. As of the date of entry of this Decree, there is no water right and therefore no priority decreed to or pending for the Bearson Pit. When water available to replace depletions under this plan is transported in the South Platte River or its tributaries it shall be charged such transit losses as determined by the Division Engineer in the same manner as for other water users using the stream for carriage of their water. CONCLUSIONS OF LAW 21. Incorporation. The foregoing Findings of Fact are incorporated into these conclusions of law. 22. Notice and Jurisdiction. The Water Court for Division No. 1 has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected by this Decree, pursuant to C.R.S. §§37-92-203 (1), 302, and 304 regardless of whether they have appeared in this case. The application in this matter and the resume publications of the application placed such persons on notice of the relief requested by the application and granted by this Decree. 23. Change of Water Right Contemplated by Law. The Change of Water Right described herein is contemplated by law and satisfies the requirements of C.R.S. §37- 92-101 et seq. The change of water right will not injuriously affect any owner of or person entitled to use water under a vested water right or a decreed conditional water right so long as operated and administered in accordance with the terms of this Decree. 24. No Precedent. This Decree is the result of substantial negotiations and settlement discussions between all of the parties. Its terms are based on the specific facts and circumstances of this case and compromises by the parties. By stipulation to entry of this decree no party in this case intends that it become precedent to resolve issues in any other case, and all parties reserve the rights to challenge the engineering analysis conducted upon, and terms and conditions to be applied to, any other application for approval of a change of water rights, or for approval of a change of water rights for any other ditch. 25. Plan for Augmentation Contemplated by Law. The Application for Change of Water Rights and Approval of Plan for Augmentation described herein is contemplated by law and satisfy the requirements of C.R.S. §37-92-101 et seq. Operation of the plan for augmentation will not injuriously affect any owner of or person entitled to use water under a vested water right or a decreed conditional water right so long as operated and administered in accordance with the terms of this Decree. 26. Retention of Dominion. Dominion over water depends on a water user's intent and ability to quantify and use, by recapture or other proper means, a certain quantity of water that may be distinguished by volume from other water in a stream. Public Service Co. v. Willows Water Dist., 856 P.2d 829 (Colo. 1993). Applicant has the intent and 3995017 Pages: 13 of 28 02/ 4 .00 Steve 07/2014 Moreno:0Clerk and 3:23 PM R Fe Recorder,1 Weld County, CO VIII f+!�1R14I�r!:Iti�:IFhI El��l �L+f� h�R4��ti�4Y�lh 11111 Case No.06CW274 Page 13 of 15 ability to maintain dominion over and to use for the purposes adjudicated by this Decree all water released for the beneficial uses described in this Decree until used for augmentation or replacement purposes pursuant to the terms and conditions of this Decree. 27. Burden of Proof. Applicant has met its burden of proof and is therefore entitled to a decree approving its change of water right and plan for augmentation. 28. No Injury. The terms and conditions required by this Decree are adequate to assure that no material injury to any water users will result from the operation of the plan for augmentation and change of water right. So long as operated and administered in accordance with this Decree, the plan for augmentation will replace the out of priority depletions associated with the evaporative water losses from the Bearson Pit without injury to any other vested water rights on the South Platte River or tributaries thereto. 29. Administrability. This Decree is administrable by the officials of the State of Colorado. Pursuant to C.R.S. §37-92-305(5), Applicant shall install and maintain measuring devices as are reasonably determined by the Division Engineer to be necessary for the proper administration of this Decree. DECREE 30. Preceding Paragraphs Incorporated. The foregoing Findings of Fact and Conclusions of Law are incorporated into this Decree as if fully set forth. 31. Change of Use and Plan for Augmentation Approved. The Change of Water Rights and Plan for Augmentation are confirmed, approved, adjudicated and decreed subject to the terms and conditions of this Decree. 32. Adequacy of Replacement and Augmentation Supplies. The replacement and augmentation supplies that the Applicant will use for operation of the Plan for Augmentation are and shall continue to be of a quality and quantity so as to meet the requirements for which the water of senior appropriators has normally been used. Such substituted water shall be accepted by senior appropriators in substitution for water derived by the exercise of their decreed rights. C.R.S. 37-32-305(5). 33. Accounting. Applicant has demonstrated an appropriate method of accounting for stream depletions, diversions and deliveries associated with the operation of the change of water right and plan for augmentation. Applicant's accounting under this Decree shall include, at minimum and in addition to any other requirements under this Decree, the following information: the name and priority dates of the calling water right, the river headgate diversion of the Lupton Bottom Ditch, the measured total flow at each augmentation station used for the delivery of the Lupton Meadows Shares, a calculation of • 3995017 Pages: 14 of 28 02/07/2014 03:23 PM R Fee:$146,00 Steve Moreno, Clerk and Recorder: Weld County, CO X111 F4rmm:�kL'I ��t l�I+�IIN'h�i,�f'�1alYJY��I i'i11111I Case No.06CW274 Page 14 of 15 all volumetric limitations, including running volumetric limits, on deliveries attributable to the Lupton Meadows Shares, the return flow factors and corresponding surface and subsurface return flow obligations associated with the use of the Lupton Meadows Shares, the locations, amounts and sources of water used to meet the return flow obligations, the total evaporative losses from the Bearson Pit, lagged depletions caused by evaporation from the Bearson Pit, the measured amount of water attributed to the Lupton Meadows Shares diverted into the Koenig Pit, an accounting of all transit losses, measured releases of the amount of water attributed to the Lupton Meadows Shares from the Koenig Pit, and the amount and location of the delivery of water under the Greeley Lease for augmentation and replacement uses under this Decree. Applicant shall use an accounting year of April 1 through March 31. Accounting under this Decree shall be provided to the Division Engineer or his designated representative on a monthly basis. Applicant's proposed accounting forms are attached hereto as Exhibit 5. 34. Applicant's proposed accounting forms attached as Exhibit 5 are not decreed herein and may be changed from time to time provided that Applicant serves notice on Opposers herein of the proposed changes and Opposers are given 30 days to provide comments to the Division Engineer, such changed forms include the information required by this Decree, and the changes are approved by the Division Engineer. Applicant may not operate under this Decree until the initial accounting forms are approved. Applicant shall submit the proposed initial accounting forms to the Division Engineer for approval within 30 days from the date of entry of this Decree. Applicant shall serve notice on the Opposers when it submits the proposed initial accounting forms to the Division Engineer for approval. If the proposed initial accounting forms differ in any way from the proposed accounting forms attached as Exhibit 5, Applicant shall also serve on Opposers a copy of the proposed initial accounting forms submitted to the Division Engineer for approval. Within 30 days of service of Applicant's notice of submission of the proposed initial accounting forms and, as necessary hereunder, a copy of such forms, Opposers may provide comments to the Division Engineer on the proposed initial accounting. In addition, upon the Division Engineer's approval of the initial accounting forms or any subsequent changes in the accounting forms, Opposers may within 30 days of such approval file a written objection with the Court, which shall set a hearing to resolve the dispute. In any such hearing, Applicant shall have the burden to prove that the initial accounting forms or any subsequent changes to the accounting forms are necessary and adequate to properly account for the change of water rights and plan for augmentation approved in this Decree. The Court retains jurisdiction to resolve objections to the accounting forms. 35. Greeley Lease. Nothing in this Decree modifies, or is intended to modify, the terms of the Greeley Lease. 36. Retained Jurisdiction. Except to the extent otherwise set forth in this decree and pursuant to C.R.S. 37-92-304 (6), the change of water rights and plan for augmentation shall remain subject to reconsideration of the issue of injury to vested water rights of • 3995017 Pages: 15 of 28 02/07/2014 03:23 PM R Fee:$146.00 Steven Moreno, I-Clerk and Recorder, Weld County,MIN MINii�WW II`` Yi'iYi ®IIII Case No.06CW274 Page 15 of 15 others resulting from the operation of the change of water rights and plan for augmentation for 3 years from the date of entry of this decree. The addition of any new water supply pursuant to paragraph 16.3 or any recharge pond pursuant to paragraph 17 to the augmentation plan following entry of this decree shall be subject to reconsideration on the issue of injury to vested water rights for 3 years from the date each and every such water supply and recharge pond is first added to the plan and used in the augmentation plan or for replacement purposes pursuant to the terms and conditions of this Decree. . Any person, within the designated period, may petition the Court to invoke its retained jurisdiction. Any such petition shall state with particularity the factual basis for requesting the Court evaluate injury to vested water rights associated with the operation of this Decree, together with proposed decretal language to remedy the alleged injury. Unless otherwise stated herein, the party lodging the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, Applicant shall thereupon have the burden of proof to show: a) that any modification sought by Applicant will avoid injury to other appropriators, or b) that any modification sought by an Opposer is not required to avoid injury to other appropriators or c) that any term or condition proposed by Applicant in response to Opposer's petition does avoid injury to other appropriators. DATED this 31st day of January, 2014. BY THE COURT: iajyy1/40.° ✓'ftivw — James F. Hartmann Water Judge Water Division No. 1 . 4 r /RI' 67W ' 66W i 011 I. 012 r. ';;, r 007 008A. ). i :fr. -j. • s�' • r Li '—• . ' Y 1 It ie -I; € V s • r • 16 i 014 013 - 018 - '',11a -.. ° 077 17 5 a , a Koenig Parcel ) it- ist -oC. 04 fs Or re" } _ . Bearson Parcel i"---1 t 1::: - ., , , dio 11 t• -[ { 023 02: ///////, ' 020T2 N � : r San dhill Reservoir -e. � / Welco Property, , liatai ,, ..L.,.:1-- ,....... loirrir' . . .„1, - leir . t _ t rt F az 64 - IILM 1//##,:f. 1%. fl � _` `' 026 0 • . /, 030 • 029 - , 03 LO a N t:ill4- '� ; pv - slit z r ! .� E i 40 Li. o Mi -i . CC 1 us 9 . * m r e 4.1b 035 0 ,� v* 0 E .. t 032 eri• N '� s"t�. ; Q yet : (a ar F. 6 M � n � Date: 12-21-09 EXHIBIT 1 © Drawn By: DS LUPTON MEADOWS DITCH COMPANY�I4-gilt:Cwt.' I Scale: as shown cleat WATERso!rrvionc Bearson and Koenig Properties 0 550 1 ,100 2,200 ob No: 06-150 min*, ••ohh Warm • Wanno • •nu mveti•D (XYE.OliA IIMFeet- %t(•SConryS<aE5.S•.12•wn:{Y OO.N536•47.733],05 ,-igure: 1 Of: 1 3995017 Pages : 17 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 Steve Moreno . Clerk and Recorder . Weld County , CO sill PVT Pal %MIAMI II4w1s'il KI rfi1 Ill II EXHIBIT 2 Total River Headgate Diversions for Weld County Shares Lupton Bottom Ditch Deliveries to Lupton Meadows Ditch Co. Stockholders No. of Weld County Shares: 52 Note: All units are in acre-feet Total Shares: 3,573 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1941 0.00 0.00 0.00 2.23 18.47 29.92 27.20 18.35 17.42 6.56 0.00 0.00 120.14 1942 0.00 0.00 0.00 0.00 0.00 21.07 24.84 31.47 21.48 7.68 0.00 0.00 106.54 1943 0.00 0.00 0.00 4.50 18.01 31.50 25.88 22.41 21.73 16.26 0.00 0.00 140.29 1944 0.00 0.00 0.00 0.00 16.26 31.51 28.91 22.51 21.57 17.48 0.00 0.00 138.23 1945 0.00 0.00 0.00 0.00 19.22 20.01 33.51 24.20 23.03 1 .05 0.00 0.00 121.01 1946 0.00 0.00 0.00 20.22 18.40 26.81 23.69 24.85 18.26 3.43 0.00 0.00 135.66 1947 0.00 0.00 0.00 6.76 31.96 29.40 48.35 44.62 34.04 6.68 0.00 0.00 201.81 1948 0.00 0.00 0.00 11 .95 36.94 36.36 30.57 22.51 20.89 6.17 0.00 0.00 165.38 1949 0.00 0.00 0.00 4.15 18.07 25.59 43.25 30.76 22.01 6.84 0.00 0.00 150.67 1950 0.00 0.00 0.00 8.25 19.34 38.47 33.39 23.51 21.78 21.05 0.73 0.00 166.53 1951 0.00 0.00 0.00 0.00 27.21 43.69 46.86 25.85 20.61 6.68 0.00 0:00 170.89 1952 0.00 0.00 0.00 2.84 29.81 54.16 41.45 28.51 21.71 21.97 0.00 0.00 200.44 1953 0.00 0.00 0.00 0.00 27.69 44.18 32.44 30.98 21.61 20.43 0.00 0.00 177.33 1954 0.00 0.00 0.00 8.74 22.14 21.58 23.22 23.26 21.72 19.39 0.00 0.00 140.06 1955 0.00 0.00 0.00 4.12 25.99 22.83 22.43 25.65 18.91 12.76 0.00 0.00 132.68 1956 0.00 0.00 0.00 7.69 30.32 39.42 23.14 23.09 20.30 20.99 0.00 0.00 164.95 1957 0.00 0.00 0.00 0.00 3.23 27.28 44.52 33.64 19.58 7.01 0.00 0.00 135.25 1958 0.00 0.00 0.00 0.48 10.95 37.45 28.74 23.57 19.38 14:45 0.00 0.00 135.03 1959 0.00 0.00 0.00 0.00 21.81 40.98 33.59 29.77 17:74 0.00 0.00 0.00 143.88 1960 0.00 0.00 0.00 9.96 14.47 44.53 40.59 25.67 20.63 6.42 0.00 0.00 162.28 1961 0.00 0.00 0.00 1 .05 19.02 20.15 33.45 40.82 12.09 2.11 0.00 0.00 128.69 1962 0.00 0.00 0.00 3.76 39.44 29.21 36.46 26.57 21.37 17.27 0.00 0.00 174.09 1963 0.00 0.00 0.00 6.95 22.11 19.70 22.85 27.63 20.38 13.78 0.00 0.00 133.40 1964 0.00 0.00 0.00 3.23 24.09 24.57 27.37 29.23 21.15 19.46 5.81 0.00 154.92 1965 0.00 0.00 0.00 9.69 24.57 11.49 36.73 36.80 16.03 2.42 0.00 0.00 137.74 1966 0.00 0.00 0.00 12.16 24.19 23.86 25.32 26.20 17.44 4.42 0.00 0.00 133.59 1967 0.00 0.00 0.47 16.14 17.87 4.42 17.44 29.82 22.32 8.35 0.00 0.00 116.83 1968 0.00 0.00 0.00 9.11 23.89 33.42 34.34 34.31 25.57 5.79 0.00 0.00 166.44 1969 0.00 0.00 0.00 12.14 16.45 15.47 45.03 36.59 23.94 2.95 0.00 0.00 152.57 1970 0.00 0.00 0.00 0.00 28:95 20:49 43.78 42.59 15.03 0.00 0.00 0.00 150.84 1971 0.00 0.00 0.00 2.17 15.45 45.49 45.51 32.85 11.92 0.00 0.00 0.00 153.38 1972 0.00 0.00 0.00 17.26 22.80 20.70 36.06 26.75 6.39 6.20 0.00 0.00 136.16 1973 0.00 0.00 0.00 0.00 1.88 28.95 45.66 38.23 13.41 0.00 0.00 0.00 128.13 1974 0.00 0.00 0.00 0.81 29.86 30.82 37.24 31.92 11.18 2.57 0.00 0.00 144.40 1975 0.00 0.00 0.00 3.96 22.81 19.63 43.02 33.15 15.75 5.73 0.00 0.00 144.05 1976 0.00 0.00 0.00 13.88 21.39 32.27 35.83 39.60 13.97 0.41 0.00 0.00 157.34 1977 0.00 0.00 2.71 11.94 30.64 28.71 21.87 24.74 20.54 12.92 0.71 0.00 154.76 1978 0.00 0.00 0.00 14.00 10.36 30.47 38.46 28.60 20.87 10.59 0.00 0.00 153.35 1979 0.00 0.00 0.00 0.00 13.42 21.78 49.62 24.43 17.69 14.87 0.00 0.00 141 .82 1980 0.00 0.00 0.00 0.00 3.99 35.12 42.64 37.61 18.44 10.70 0.00 0.00 148.51 1981 0.00 0.00 0.00 6.11 15.73 16.82 28.03 28.19 20.28 8.32 0.00 0.00 123.47 1982 0.00 0.00 0.00 15.22 18.37 18.68 36.08 35.37 13.98 2.45 0.00 0.00 140.15 1983 0.00 0.00 0.00 0.00 4.08 6.48 29.85 39.18 16.84 9.69 0.98 0.00 107.10 1984 0.00 0.00 0.00 0.00 15.21 30.70 45.93 29.23 14.46 0.71 0.00 0.00 136.23 1985 0.00 0.00 0.00 13.43 10.71 38.34 36.31 39.77 21.63 0.00 0.00 0.00 160.19 Average 0.00 0.00 0.07 5.89 19.72 28.32 34.48 30.12 19.05 8.56 0.18 0.00 146.38 Avg /share 0.00 0.00 0.00 0.11 0.38 0.54 0.66 0.58 0.37 0.16 0.00 0.00 2.82 Note: Monthly River Headgate Diversions for the Lupton Bottom Ditch (Structure No. 812) as recorded in District No. 2 Water Commissioner Field Books from 1941-1969 and CDSS electronic Records from 1958 - 1985. The Lupton Meadow Ditch Company's ownership in the Lupton Bottom Ditch is approximately 52.1% of the total diversions from Priority Nos. 5 & 31 and 100% ownership in Priority No. 20. Note: The number of outstanding shares in the Lupton Meadows Ditch Company was 4,084 represented by 3,573 in the Lupton Bottom Ditch Company which represents the current (2013) number of shares. c lear'WATERso/trtions water rights • planning • ang$noor►ng 3995017 Pages : 18 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 �, s, = .aWeld County , CO - ® r •. P � . ►�. rl. Steve Moreno . Clerk and Recorder , Ii R67W - W Y n i .. 1- ■III �!��l1�Cl�t�.��:1 �� tl.�� I �w N,'��t��I�I4ii��ii lint �: tS. i '. j .. �::,.. V,iM.'.`ariH•,.. - , • - • -_ . r ran.. -'" -^� S T« ra ; ) _ 14 y + ,L �•• '£H '-ix ,..... 0 '� i fe.,iii, .5.,, ;re: elf. .71 'S _ t .r: $ y; , a X }! . • •? a N - O • • 1. 8 .A �i ' r u41 .... 72 J `� ..g. tl - {�F... .wi - - ar .r.• ,a. _ c re ` ' r:'r , •• c` i ;tom' r r , iir it 'n '^ s 1 • V y E - - y. � � err _ , X41-fli!tit.TIL4 " 4. ` y�,;. .. _ tipr r lDkb, mss ItWifIrC' irfrfri.4 , ., . /�S® a -i. _ qq Tik_ i lD • rasa t V tap to ell d CO X ) 1 a s f 19:03 . a. ilie t'rr'fr ®n Bottom p� a .a ,' g • �4 o4a Ft .. n i',s ; � C' ` yy r�- 1 , ,ar i.r. 7f f Y �• C • Augmentation Structure • ` Bearson Pit 3 I 2005 aeritptograpt k F Koenig Pit Date: 12-21-09 _ i� t EXHIBIT 3 lib Drawn By: DS Illireif WPTON MEADOWS DITCH COMPANY Scale: as shown t ft r wArEa r ; i t Bearson Augmentation Reach 0 170 340 680 Job No: 06-150 nrar Noir' • psann;re • {Inuit.esriaU �'tt1i Feet�,o�c.mry�o,u:.ss. * ,».:,�m .of<e-oA m r,e� Figure: 1 Of: 1 3995017 Pages : 19 of 28 02/07/2014 0312 k PMd R oeder�:1 Weld OCounty ; CO EXHIBiT4 StPVe M1L�'�i� h�� !� I jy 11`` !{� ` {�� ill Evaporative Losses ��' it �ItfT'r I T i�fl� i� �Ifllii�i��i�� ,I ,III Bearson Pit Percent of Gross Pond Effective Net Pond Evaporation from Evaporation from Total Pond Lagged Daily Month Annual Evaporation Precipitation Precipitation Evaporation North Pond South Pond Evaporation Depletions Depletion Evaporation (feet) (inches) (feet) (acre-feet / acre) (acre-feet) (acre-feet) (acre-feet) (acre-feet) (acre-feet) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Jan 3.0% 0.11 0.44 0.00 0.11 0.67 0.25 0.93 1.17 0.04 Feb 3.5% 0.13 0.59 0.00 0.13 0.78 0.30 1.08 1 .22 0.04 Mar 5.5% 0.20 1.07 0.00 0.20 1.23 0.46 1.69 1.61 0.05 Apr 9.0% 0.33 1.80 0.01 0.32 1.95 0.73 2.68 2.33 0.08 May 12.0% 0.44 2.37 0.07 0.37 2.24 0.84 3.08 2.77 0.09 Jun 14.5% 0.53 1.64 0.10 0.44 2.67 1.01 3.68 3.27 0.11 Jul 15.0% 0.55 1.42 0.10 0.45 2.76 1.04 3.81 3.50 0.11 Aug 13.5% 0.50 1.29 0.08 0.42 2.53 0.96 3.49 3.38 0.11 Sep 10.0% 0.37 0.98 0.03 0.34 2.05 0.77 2.82 2.93 0.10 Oct 7.0% 0.26 0.64 A 0.00 0.25 1 .54 0.58 2.13 2.38 0.08 Nov 4.0% 0.15 0.77 0.00 0.15 0.90 0.34 1.23 . 1.68 0.06 Dec 3.0% 0.11 0.45 0.00 0.11 0.67 0.25 0.93 1.28 0.04 Total 100% 3.68 13.48 0.40 3.28 19.99 7.54 1 .27.53 27.53 - Exposed Water Surface = 8.40 acres (Maximum surface area of two ponds as determined from 2006 aerial) Gross Annual Evaporation = 44.10 inches (Interpolated from NOM contours) Notes: (1) State Engineer's Guidelines for Gravel Pits at elevations below 6,500 feet (2) NOM Technical Report NWS 33 Map 3 and distributed monthly according to Percent of Annual Evaporation (1) (3) Used adjusted Fort Lupton data set from 1941-1985 (4) Average monthly effective precipitation applied to consumptive use of historically irrigated crops as calculated from IDSCU Model analysis for 26 shares of LMDC used on the Bearson Parcel. (5) Gross Evaporation minus Effective Precipitation converted to units of feet, (2) - (4) (6) Evaporation from North Pond is the product of Net Evaporation (5) and Exposed Water Surface (6.1 acres) (7) Evaporation from South Pond is the product of Net Evaporation (5) and Exposed Water Surface (2.3 acres) (8) Total Evaporative Loss is the product of Net Evaporation (5) and Exposed Water Surface, or (6) + (7) (9) Lagged stream depletions at the river as a result of evaporative losses at the Bearson Pit (10) Daily depletion values, (9) / number of days in month \. k. :yW.e., (IcarrWATERsolrrtrons � water rights • Planning • engineering 107.- el Cod J . CliC>He re y .ceed . ...t IV%CS& c - 3995017 Pages : 20 of 28 02/07/2014 03 : 23 PM R Fee : $ 146 . 00 Steve Moreno ; Clerk and Recorder , Weld County . CO ■iii IV, ��l:��r �r�u��Dili II EXHIBIT 5 Weld County Plan for Augmentation (WDID 0202580), Case No. 06CW274 Monthly Accounting Structure Information: Name WDID Well Permit No. Owner Admin. No. Bearson Pit 0203008 63397-F Weld County 51864.47481 Contact Information for Well Owner: °51- Clay Kimmi, County Engineer i Weld County Department of Public Works P.O. Box 758 Greeley, CO 80632 (970) 304-6496 Contact Information for Person Responsible for Submitting Accounting: Clear Water Solutions, Inc. 8010 S. County Road 5, Ste. 105 Windsor, CO 80528 (970) 223-3706 Contact Information for Plan Attorney: Brad Grasmick Lawrence Jones Custer and Grasmick, LLP 5245 Ronald Regan Blvd., Suite 1 Johnstown, CO 80534 (970) 622-8181 3995017 Pages : 21 of 28 02/07/2014 03 : 23 PM R Fee : $ 146 . 00 Steve Moreno . Clerk and Recorder Weld County : CO ■111 !r!AAl T,lir I :II Pi4L, a i'1' , 11111 EXHIBIT 5 Page 1 RIVER CALL Case No. 06CW274 BEARSON PIT Administration No. 51864.47481 WDID: 0203008 Permit No. 63397-F Input Input Input Date of LMDC Return Flows in Name of Downstream Administration No. Appropriation for Free River? Priority? Calling Water Right Calling Water Right No = 1 No = 1 Date Yes = 0 Yes = 0 1/1/14 0 0 1/2/14 0 0 1/3/14 0 0 1/4/14 0 0 1/5/14 0 0 1/6/14 0 0 1/7/14 0 0 1/8/14 0 0 1/9/14 0 0 1/10/14 0 0 1/11/14 0 0 1/12/14 0 0 1/13/14 0 0 1/14/14 0 0 1/15/14 0 0 1/16/14 0 0 1/17/14 0 0 1/18/14 0 0 1/19/14 0 0 1/20/14 0 0 1/21/14 0 0 1/22/14 0 0 1/23/14 0 0 1/24/14 0 0 1/25/14 0 0 1/26/14 0 0 1/27/14 0 0 1/28/14 0 0 1/29/14 0 0 1/30/14 0 0 1/31/14 0 0 3995017 Pages : 22 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 Steve Moreno , Clerk and Recorder : Weld County . CO ■III N EXHIBIT 5 Page 2 TOTAL CU Evaporative Losses from the Bearson Pit Case No. 06CW274 Total Pond Lagged Month Evaporation Depletion (acre-feet) (acre-feet) Jan 0.93 -1.17 Feb 1.08 -1.22 Mar 1.69 -1.61 101\ brit" Apr 2.68 -2.33 May 3.08 -2.77 Jun 3.68 -3.27 -filitkttitt Jul 3.81 -3.50 Aug 3.49 -3.38 4 Sep 2.82 -2.93 Oct 2.13 -2.38 Nov 1.23 -1.68 Dec 0.93 -1.28 TOTAL 27.53 -27.53 Notes: (1) Based upon 8.4 acres of exposed water surface. (2) Based upon NOAA Technical Report NWS 33 Map 3. (3) The daily depletion amount will be computed by dividing the monthly amount equally by the number of days in each month. 3995017 Pages : 23 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 Steve Moreno . Clerk and Recorder , Weld County , CO VIII !till rid lit: '!Il'I`I L. *$ 'r'!PiV.!'ttt+ ICIP'iI i,kJ , III III EXHIBIT 5 Page 3 LMDC DELIVERIES FOR AUGMENTATION Case No. 06CW274 Input Input RID DELIVERIES RETURN FLOW OBLIGATIONS "Total LMDC sTransit Losses from Aug. 'Total LMDC LMDC Deliveries Transit Losses Deliveries through Structure Release on River Summer b Winter y 1 LBD River Total through Bearson from Augmentation Credit at Headgate Augmentation to Point of Return Flow Return Flow Return Flow Augmentation Structure to River Point of Diversions Structure to River Depletion Obligation Obligation Obligation Structure (0.5%/ mi.) Depletion (rate loss set by SEO) Month (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) Jan-14 0.00 0.00 0.00 0.00 0.00 0.00 1.10 1.10 _ Feb-14 0.00 0.00 0.00 0.00 0.00 0.00 0.86 0.86 Mar-14 0.00 0.00 0.00 0.00 0.00 0.00 0.70 0.70 Apr-14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 May-14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jun-14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jul-14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Aug-14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Sep-14 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Oct-14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Nov-14 0.00 0.00 0.00 0.00 0.00 0.00 2.02 2.02 Dec-14 0.00 0.00 0.00 0.00 0.00 0.00 1.42 1.42 LMDC Deliveries Transit Losses Total LMDC Transit Losses from Aug. Total LMDC Structure Release on River Summer Winter Total LBD River Headgate through Bearson from Augmentation Deliveries through Credit at to Point of Return Flow Return Flow Return Flow Diversions Augmentation Structure to River Augmentation Depletion Point of Obligation Obligation Obligation Structure (0.5%/ mi.) Structure to River (rate loss set by SEO) Depletion Date (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) 1/1/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/2/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/3/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/4/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/5/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/6/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/7/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/8/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/9/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/10/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/11/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/12/2014 0.00 0.00 0.00 0.00 0.00 0.00 - 1/13/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/14/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/15/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/16/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/17/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/18/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/19/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/20/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/21/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/22/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/23/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/24/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/25/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/26/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/27/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/28/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/29/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/30/2014 0.00 0.00 0.00 0.00 0.00 0.00 1/31/2014 0.00 0.00 0.00 0.00 0.00 0.00 Notes: (1) Lupton Bottom Ditch river headgate diversions (source of data CDSS). (2) Weld County's LMDC share deliveries to the Bearson Augmentation Structure (see also page 3 of Decree Exhibit 5). (3) Transit losses along the Bearson Augmentation Ditch from the Bearson Augmentation Structure to the South Platte River. (4) Column 1 - Column 2. (5) Transit losses from the outlet of the Bearson Augmentation Ditch down the South Platte River to the most downstream point of impact for the Bearson Pit Depletions. Transit loss rate per mile along this section of the South Platte River is set by the State Engineers Office. (6) Column 3 - Column 4. (7) See Paragraph 10.3.1 of the Decree for more detail. Return flow factors are listed on page 4 of Decree Exhibit 5. (8) See Paragraph 10.3.2 of the Decree for more detail. Return flow factors are listed on page 4 of Decree Exhibit 5. (9) Column 6 + Column 7. 3995017 Pages : 24 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 Steve Moreno , Clerk and Recorder : Weld County , CO ■III PFJIJIT IIIIIIII 'Il 1Pi{ 171E ill filigilIliflenilliiiiii 11 II EXHIBIT 5 Page 4 ; RETURN FLOW FACTORS iif\ 1 Case No. 06CW274 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1 2 3 4 5 6 7 8 9' " 10 11 12 Summer Return Flow Factors 0.649 0.551 0.461 0.370 0.385. 0.502 0.807 Winter Return Flow Factors 0.011 0.009 0.007 0.021 0.015 Notes: Return Flow obligations from April to October shall be replaced daily and calculated by multiplying the daily farm headgate delivery of the Lupton Meadows Shares by the respective monthly factor. Return Flow obligations from November to March shall be calculated by multiplying the total deliveries of the Lupton Meadows'Shares made in the prior year, in acre-feet, by the respective monthly factor. The daily obligation shall then be determined by dividing the monthly amount by the number of days in the applicable month. 4\ ei • St O 4c)/ tc$S1/47 • 25 of 28 Pages ' R Fee : $146 . 00 `�r��ti�) ,' II� 17 COuntY : CC° 39950 03 :23 PM We l� �I �int s�Y 02/07 /2014 clerk and Recordr\,f: ,`t ,( f Steve Moreno : li��ltiit��h� t �m\\ �� J 1;i!iii► `tit EXHIBIT 5 Page 5 LMDC VOLUMETRIC LIMITS Case No.06CW274 VOLLRETRIC DELIVERY OMITS FOR 52 SHARES YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEARS YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 Rolling 10-year - Cumulative 20-year Cumulative Total ' Maximum Monthly Rolling Total Monthly Volumetric Limitations on - Delivery Umit for 52 Volumetric First 19 Years Delivery in Delivery in Delivery in Delivery in Delivery in Delivery in Delivery In Dellver%ln -Delivery in Delivery in RUNNING Month LMDC Shares Limitations of Operation 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 TOTAL (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) April 13.1 77 38.3 0 0 May 25.6 256 128.2 0 0 June 35.2 368 184.1 0 0 July 323 448 224.1 0 0 August 29.0 392 195.8 0 0 September 22.1 248 123.8 0 _ 0 October 14.3 111 55.6 0 0 ANN.TOTAL: 131.2 1,900 950 0 0 0 0 0 0 0 0 0 0 0 Notes: For more detail refer to Paragraph 10.2 of the Decree. P , Ff "� 2� 9'. ci. " ‘.. .1 4 N r c- 06/ 14 t� j4 3995017 Pages : 26 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 Steve Moreno , Clerk and Recorder , Weld County , CO 111111 ira!V Ili :s:IJ i UPI 1,th 1 Nii!*R'IWN kid 11111 EXHIBIT 5 Page 6 SUMMARY SHEET Case No.06CW274 Input Input 6Transit Losses from Aug. 10 Transit Losses 3 a Transit Losses $Total LMDC rr LMDC Structure from Other Lease Credit Lagged from Deliveries s y 2 Deliveries Release on River 7 Total Releases Releases from Leased from Other Month Evaporative LMDC Return Augmentation through Total LMDC i7 Net River through Bearson to from the City of Other Lease Sources to Point Sources Depletions from Flow Obligations Structure to Augmentation Deliveries Balance Augmentation Point of Greeley Sources of Depletion at Point of the Bearson Pit River Structure to Structure Depletion (rate loss set by Depletion (0.5%/mi.) River (rate loss set by SEO) SEO) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) Jan-14 0.0 0.0 _ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Feb-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Mar-14 0.0 0.0 _ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Apr-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 May-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Jun-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Jul-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Aug-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Sep-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Oct-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Nov-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 _ Dec-14 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Annual Total: 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Transit Losses Total LMDC Transit Losses Transit Losses. Lease Credit Lagged LMDC Deliveries from Deliveries from Aug. from Other Evaporative LMDC through Bearson Augmentation through Structure Total LMDC Total Releases Releases from Leased from Other p g g g Net River Return from the City of Other Lease Sources Depletions from Augmentation Structure to Augmentation Release on River Deliveries Sattrces to Point Balance the Bearson Pit Flow Obligations Structure River Structure to to Point of Greeley Sources of Depletion at Point of Date (0.5%/mi.) River Depletion (rate loss set by Depletion (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) •. (ac-ft) (ac-ft) (ac-ft) (ac-ft) 1/1/14 0 0 0 0 0 0 0 0 0 0 0 0 1/2/14 0 0 0 0 0 0 0 0 0 0 0 0 1/3/14 0 0 0 0 0 0 0 0 0 0 0 0 1/4/14 0 0 0 0 0 0 0 0 0 0 0 0 1/5/14 0 0 0 0 0 0 0 0 0 0 0 0 1/6/14 0 0 0 0 0 0 0 0 0 0 0 0 1/7/14 0 0 0 0 0 0 0 0 0 0 0 0 1/8/14 0 0 0 0 0 0 0 0 0 0 0 0 1/9/14 0 0 0 0 _ 0 0 0 0 0 0 0 0 1/10/14 0 0 0 0 0 0 0 0 0 0 0 0 1/11/14 0 0 0 0 0 0 0 0 0 0 0 0 1/12/14 0 0 0 0 0 0 0 0 0 0 0 0 1/13/14 0 0 0 0 0 0 0 0 0 0 0 0 1/14/14 0 0 0 0 0 0 0 0 0 0 0 0 1/15/14 0 0 0 0 0 0 0 0 0 0 0 0 1/16/14 0 0 0 0 0 0 0 0 0 0 0 0 1/17/14 0 0 0 0 0 0 0 0 0 0 0 0 1/18/14 0 0 0 0 0 0 0 0 0 0 0 0 1/19/14 0 0 0 0 0 0 0 0 0 0 0 0 1/20/14 0 0 0 0 0 0 0 0 0 0 0 0 1/21/14 0 0 0 0 0 0 0 0 0 0 0 0 1/22/14 0 0 _ 0 0 - 0 0 0 0 0 0 0 0 1/23/14 0 0 0 0 0 0 0 0 0 0 0 0 1/24/14 0 0 0 0 0 0 0 0 0 0 0 0 1/25/14 0 0 0 0 0 0 0 0 0 0 0 0 1/26/14 0 0 0 0 0 0 0 0 0 0 0 0 1/27/14 0 0 0 0 0 0 0 0 0 0 0 0 1/28/14 0 0 0. 0 0 0 0 0 0 0 0 0 1/29/14 0 0 0 0 0 0 0 0 0 0 0 0 1/30/14 0 0 0 0 0 0 0 0 0 0 0 0 1/31/14 0 0 0 0 0 0 0 0 0 0 0 0 Notes: (1) Values from page 2 of Decree Exhibit 5,adjusted for the downstream call status on the South Platte River(see page 1 of Decree Exhibit 5). Depletions are expressed as a negative value. (2) Values from Column 9,page 3 of Decree Exhibit 5,adjusted for whether the LMDC Return Flows are in priority or not(see page 1 of Decree Exhibit 5). (3) Weld County's LMDC share deliveries to the Bearson Augmentation Structure(see also page 3 of Decree Exhibit 5). (4) Transit losses along the Bearson Augmentation Ditch from the Bearson Augmentation Structure to the South Platte River(see also page 3 of Decree Exhibit 5). (5) Column 3-Column 4. (6) Transit losses'from the outlet of the Bearson Augmentation Ditch down the South Platte River to the most downstream point of impact of the Bearson Pit depletions. Transit loss rate per mile along this section of the South Platte River is set by the State Engineers Office(see also page 3 of Decree Exhibit 5). (7) Column 5-Column 6. (8) Based on annual lease schedule with the City of Greeley for treated effluent from Greeley's WWTP and part of an annual 300 acre-feet,long-term lease agreement. Weld County will not use the Greeley water if the call is above the confluence of the South Platte River and the Poudre River,unless and until the County decrees the exchange,and then it can be used provided the call is junior to the priority of the exchange from the Poudre River to the point of depletion for the Bearson Pit. (9) Additional water supplies that have been approved for augmentation use. For more detail,see Decree Paragraph 16.3 and Paragraph 17. (10)Transit Losses incurred from other leased sources of replacement water to the most downstream point of impact of the Bearson Pit depletions on the South Platte RiverIB (11)Column 9-Column 10. (12)Column 1+Column 2+Column 7+Column 8+Column 11. For the Net River Balance,depletions are expressed as a negative and accretions are expressed as a positive net river balance. 3995017 Pages : 27 of 28 02/07/2014 03 : 23 PM R Fee : $146 . 00 Steve Moreno , Clerk and Recorder . Weld County . CO III NIIIIIIIIIIIrlirliiillilifiN ritilrkiliWil+F,ll1 rialli iiiiii i II II EXHIBIT 6 Table 12 Lagged Future Groundwater Consumption All units are in acre-feet Jan Feb Mar Apr May Jun Jul Aug Sep Oct . •Nov Dec Total Unlagged 0.00 0.00 0.00 0.07 0.16 0.33 0.44 0.37 0.22 0.08 0.00 0.00 1.67 Lagged 0.04 0.03 0.03 0.06 0.11 0.22 0.32 0.33 0.26 0.16 0.08 0.05 1.67 Notes: The unlagged future groundwater consumption is accounted for monthly based on the monthly NIR distribution. The lagged future groundwater consumption is calculated using the IDSAWAS Model. eil- 44. Ak c 5 , � ni L. ) :-. eiic to ('I r /rrVv- Nc VS- . c *le !ake xe 1 R67W R66W , :1), 1; . ict. - - - ;`,. , I i f # a ..___-- • i . • � . 8 • _ . _- -h. 4-re a 15:2 • ut • f 5 : , . cr - • —4 1, 4404 tiff ' :.. : .4: ;././.::: 11:1;i:ti irctiii:. ,..2.• s . . CU S O 73 r0 alai • li /41111 , , Nati ma— i Illi tor4s - L —s 1►F' r ` la- r` L �'• Bearson �, v �_. 'tt f' i• ' I. tivi_ � Dry-up Area \ CD 171 acres \ i: • .: / • ly t1 • '� 0 ea • � .l-.. _ .. -• _ 1 � le'l .... - .T F c'�::_...y(> J. 9^..('rb .._ r� ' •:: ,I T2 N {,, _i if.• ' 4 ' - ,I ist et+� .Ti... -> — — ,+ • 19 ; , ell a' N.N. ' , . • _ t N , 4.4et : il .'-: • .N.. I IS. .' )c 4 1 le sire . N41/44( l • S 14*. .,Fib¢ > . • ..,:i - y �_ �. z= Legend ,� _ c , Y�Y " YA .. r e S- -" Township & Range Lines i i , , Section Lines 2011 Weld County NAIP Aerial. (Image' . , t _ itiLL �.:._ Date: 1-2-2014 - a�ff� Exhibit 7 Drawn By: RVP LUPTON MEADOWS DITCH COMPANY Scale: 1 in = 650 ft /cif rWATERSOltrtinrts WIIDc. Associated Dry-up From 52 LMDC Shares 0 300 600 Job No: 06 150 water ri il(5ptannlnp • engineering COLORADOFeet Case No.: 06CW274 Y10 S.Coia lRa45.Sc IW,MNma C0. .90506.9107[2.N25 Hello