Posted December 31, 1969

DISTRICT COURT, WATER DIVISION 1, COLORADO

JANUARY 2014 WATER RESUME PUBLICATION

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JANUARY 2014 for each County affected.

14CW3010 Gary L. Wagner, 9430 Newton, Westminster, CO 80031, Telephone No.: 303-427-5154; Save-A-Child, Inc., 3241 West 44th Avenue, Denver, CO 80211, Telephone No.: 303-455-6120. Please send all pleadings and correspondence to Applicants counsel: Wayne F. Forman, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 220, Denver, CO 80202; Phone Number: (303) 223-1100; Fax Number: (303) 223-1111; Email: wforman@bhfs.com. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND CHANGES OF WATER RIGHTS, IN ADAMS COUNTY. Request for Approval of Augmentation Plan. (1) Structures to be Augmented: Lower Arapahoe Aquifer Wells: Wells to withdraw not nontributary Lower Arapahoe aquifer groundwater underlying approximately 217 acres of land located in the NE1/4 and N1/2SE1/4 of Section 22, T. 1 S., R. 67 W. of the 6th P.M., Adams County, Colorado (the “Subject Property”). The not nontributary ground water rights in the Lower Arapahoe aquifer underlying the Subject Property were previously decreed in two cases: Case No. 02CW185 with respect to 12.6 acre-feet/year underlying the southern 57 acres in the N1/2SE1/4 of said Section 22; and Case No. 99CW124 with respect to 33.5 acre-feet/year underlying the northern 160 acres in the NE1/4 of said Section 22. The Applicants own the right to withdraw the 12.6 acre-feet per year of Lower Arapahoe aquifer ground water decreed in Case No. 02CW185 and 16.75 acre-feet per year of Lower Arapahoe aquifer ground water decreed in Case No. 99CW124. The wells that will withdraw the subject Lower Arapahoe aquifer groundwater are located on 10 lots within the following described subdivision (the “Subdivision”) overlying a portion of the Subject Property: THE RIDGE AT RIVERDALE SUBDIVISION, according to the plat thereof recorded July 29, 2005 under Reception No. 20050729000807430, and THE RIDGE AT RIVERDALE SUBDIVISION – Lot 1 & 2, Block 1 and Lot 2 & 3, Block 2 - Amended Plat, recorded December 22, 2005 under Reception No. 20051222001405820, Adams County real property records, depicted on the attached Exhibit A and shown on the attached Exhibit B. The particular lots within the subdivision on which the subject Lower Arapahoe aquifer wells will be located (the “Subject Lots”), which are depicted on Exhibit A, together with their average annual withdrawal rates, are as follows:

Average Annual Rate of

Lot/Block Withdrawal (acre feet per year)

L. 1/B. 1 (parsonage) 0.55

L. 1/B. 1 (church) 1.93

L. 3/B.1 0.55

L. 2/B. 2 0.55

L. 6/B. 2 0.55

L. 8/B. 2 0.55

L. 9/B. 2 0.55

L. 11/B. 2 0.80

L. 12/B. 2 0.80

L. 1/B. 3 0.55

L. 2/B. 3 0.55

TOTAL: 7.93

Pursuant to paragraph 4.11 of the 99CW124 Decree and paragraph 4.4.2 of the 02CW185 Decree (together, the “Prior Decrees”), this Application seeks judicial approval of a plan for augmentation for the withdrawal of 7.93 acre-feet annually of the not nontributary Lower Arapahoe aquifer groundwater over a 300-year period (the “Subject Lower Arapahoe Rights”). (2) Water Rights to be Used for Augmentation: Depletions from the withdrawal of the Subject Lower Arapahoe Rights shall be augmented from two sources: return flows from the use of the Subject Lower Arapahoe Rights on the Subject Lots; and the reservation of 7.93 acre-feet per year of the Laramie-Fox Hills groundwater rights adjudicated by the Prior Decrees. (3) Statement of Augmentation Plan: (3.1) Estimated Diversions: Applicants plan to use the 7.93 acre feet per year of the Subject Lower Arapahoe Rights to supply single-family residences and a church on the Subject Lots. Applicants anticipate that this ground water shall be used as follows: 4.35 acre-feet per year for indoor domestic use associated with single-family residences and church operations; and 3.58 acre-feet per year for irrigation associated with single family residences. Applicants reserve the right to amend the forgoing estimates without amending this Application or republishing the same. (3.2) Return Flows: Wastewater treatment for indoor uses will be provided by on-site sewage disposal systems. Approximately 10% of the water diverted for indoor use will be consumed, leaving 90% to return to the affected stream systems. Of the ground water applied to irrigation use, 85% is estimated to be consumed, with 15% constituting return flows. Of the 7.93 acre-feet per year of Lower Arapahoe aquifer ground water to be used, 4.46 acre-feet per year are estimated to accrue as return flows. (3.3)Replacement of Depletions During Pumping: During pumping of the Subject Lower Arapahoe Rights, Applicants will replace annual depletions to the affected stream pursuant to C.R.S. § 37-90-137(9). Using the state’s model, depletions will occur to the Big Dry Creek and the South Platte River. Return flows will accrue to the South Platte River basin. The Subject Lower Arapahoe Rights are located more than one mile from any point of contact between any natural stream including its alluvium. During 300 years of pumping, taking account of Adams County’s 300-year water supply rule, Applicant must replace 4% of withdrawals to the South Platte River basin, which equals 0.32 acre feet per year, which will be accomplished by the above-described return flows. (3.4) Replacement of Post Pumping Depletions: Following the cessation of pumping, the maximum annual South Platte Basin depletions will be approximately 0.21 acre-feet. Applicants shall reserve a total of 2,379 acre feet of the Laramie-Fox Hills Rights (7.93 acre feet per year times 300 years) to replace post-pumping depletions. (4) No Injury: This plan for augmentation will not result in injury to any vested water right or decreed conditional water right. (5) Owners of Overlying Land: Applicants, Save-A-Child, Inc., and Gary L. Wagner were the owners of all of the overlying land at the time of Prior Decrees. Applicants have conveyed a number of the Subject Lots to third parties but have retained the groundwater rights described in this Application. The requested plan for augmentation will benefit the Subject Lots. Request for Approval of Changes in Water Rights. (6) Proposed Changes: The Prior Decrees establish separate well fields for the Lower Arapahoe aquifer groundwater rights that are the subject of each of the respective decrees. By this change, Applicants request that they be entitled to withdraw such groundwater through wells constructed anywhere on the Subject Property to, in effect, combine the two Lower Arapahoe aquifer well fields established in the Prior Decrees. Similarly, the Prior Decrees establish separate well fields for the Laramie-Fox Hills aquifer groundwater rights that are the subject of each of the respective decrees. By this change, Applicants request that they be entitled to withdraw the 2,379 acre feet of such groundwater that are reserved for post-pumping augmentation, as described above, through a well or wells constructed anywhere on the Subject Property to, in effect, combine the two Laramie-Fox Hills aquifer well fields established in the Prior Decrees with respect to such groundwater. (7) Name and address of owner of land on which points of diversion and place of use are located: (7.1) Applicants. (7.2) Robert Noble Fleming Living Trust, 13965 Florence Court, Brighton, CO 80602; Paul A. Wewel and Dianna F. Wewel, 9885 E. 138th Place, Brighton, CO 80602; PJDS Family Trust, 9845 E. 138th Place, Brighton, CO 80602.

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of MARCH 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Published in the Westminster Window

February 13, 2014

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