MAN BEHIND THE DREAM: Metro-area production answers the question: ‘Who is Bayard Rustin?’ P14
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January 18, 2018
ARAPAHOE COUNTY, COLORADO
A publication of
Student suspected of making threats Police began investigating 15-year-old in December
Grace Noel talks about one of her artworks in her studio at the Denver Art Society on Jan. 9. Noel has been a member of the Denver Art Society for about five years. ELLIS ARNOLD
Artist adds color at library ‘Art @ the Library’ program to showcase local creators in series of exhibits BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM
“My artwork is the magical side of reality as viewed from spaceship Earth — it’s the adventures of me and my dog as we travel through space and time.” It’s that kind of spacey, cosmic vibe that permeates the works of Grace Noel, a 29-year-old artist and the first to be featured in the Englewood Public Library’s new pro-
gram, “Art @ the Library,” which kicked off Jan. 4. Noel lives in the Denver Art Society’s residence-and-studios building on 734 N. Santa Fe Drive in Denver, but she has Englewood roots — her father, James Louis Noel, practiced law in Englewood for more than two decades, and Grace Noel remembers spending time as a child at places like the Chuck E. Cheese’s on West Hampden Avenue, just a parking lot away from where her art is now on display. Years later, she’s excited to be featured in a familiar place. “I have so much gratitude for the opportunity,” Noel said. “It’s just unreal. And the people of Englewood have been supportive. I’ve sold
one piece and a print, and it’s just been a week.” Noel’s art isn’t typical by any means — she crafts many of her pieces with a wood-burning tool, watercolor, oil paint, encaustic, sequins, glitter and faux gold leaf to create a textural, layered visual. Her works feature Buddhist and Hindu imagery, and she practices both religions. “I actually am a yogini, and I practice yoga, which is not just an exercise,” said Noel, who teaches private lessons. Her spirituality is part of her inspiration, which includes a positive outlook on life in general. SEE ARTIST, P21
BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM
A male Englewood High School student turned himself in to Englewood police Jan. 3 on suspicion of making “significant threats” toward the school, police said in a news release. The Englewood Police Department began an investigation into the threats on Dec. 20, the release said. The 15-year-old student has been jailed on two misdemeanor charges: Interference with staff, faculty or students of educational institutions, and menacing. The threats were discovered prior to students or staff being in immediate danger, the news release said. “The threats were very significant,” said Chad Read, spokesman for Englewood police. “In terms of the caliber of the threats, they were pretty substantial.” Further information is not available about the student or the threats, partly because he is a juvenile and because of the ongoing case in the 18th Judicial District Attorney’s Office.
THE BOTTOM LINE PERIODICAL
‘Dogs don’t have it in for you if your religion or race or lifestyle preferences are different than theirs.’ Craig Marshall Smith | columnist | Page 12 INSIDE
VOICES: PAGE 12 | LIFE: PAGE 14 | CALENDAR: PAGE 20 | SPORTS: PAGE 22
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VOLUME 97 | ISSUE 48
2 The Independent - The Herald
January 18, 2018J
Colorado Dulcimer Festival to bring sweet sounds to Littleton venue February event will offer two days of magical music at church on Belleview BY SONYA ELLINGBOE SELLINGBOE@COLORADOCOMMUNITYMEDIA.COM
Two 7 p.m. evening concerts on Feb. 2 and 3 will offer the sweet music of mountain and hammered dulcimers, combined with additional instruments: fiddle, guitar, banjo and mandolin. Nationally recognized concert musicians will be part of the annual Colorado Dulcimer Festival, held this year at St. James Presbyterian Church, 3601 W. Belleview Ave., Littleton. Celtic, bluegrass, old-time, country and jazz music will be heard throughout the weekend and there will be a dance band, according to Judy Jones of Roxborough, an instructor/musician on the hammered dulcimer. This festival began 15 years ago in Fort Collins with musician/teacher Steve Eulberg, and moved to the Denver area five years ago. Jones says: “There are two kinds of dulcimers: the hammered and the mountain or lap dulcimer. Both use strings stretched across a soundboard, but differ in shape, sound and playing. Hammered dulcimers are 5,000 years old, from ancient Persia, sit on a stand and have 72 or more strings stretched across a wooden sound box. The player strikes the strings with wooden hammers, producing music in a great dynamic range. Mountain dulcimers originated in the Appalachian Mountains, rest on the player’s lap, and the three or four strings are strummed like a guitar. The tone is gentle and became very popular in the 1960s folk music revival.” During each day, there will be scheduled classes/workshops for beginners through advanced players, with rental instruments available on-site. Also, daytime hours will include jam sessions, perhaps some dance sessions and lots of exchange of music and ideas. On the afternoon of Feb. 3, there will be a children’s class.
Linda Colville plays the hammered dulcimer and Bob Elieson performs on the mountain dulcimer. Both types will be played and taught at the Colorado Dulcimer Festival on Feb. 2 and 3 at St. James Presbyterian Church in Littleton. COURTESY PHOTO.
IF YOU GO The Colorado Dulcimer Festival will be held on Feb. 2 and 3 at St. James Presbyterian Church, 3601 W. Belleview Ave., Littleton. Concerts are open to the public. In addition to evening concerts, both days will be filled with workshops, including one for children 8-12 on Saturday afternoon and jams for all levels of players, including one after Friday evening’s concert. A dulcimer concert is planned. There will be rental instruments available and meals on-site, for those who wish (pre-order suggested). Or there are nearby restaurants. See coloradodulcimerfestival.com for more details. Note that advanced registration ends at midnight, Jan. 22 ($130). At the door, registration costs $140. Included: a concert ticket for each night. (8:15 to 9 p.m.) Individual concert tickets cost $15/adult, $10/student. A single festival workshop costs $40. Visiting musicians include: • Multi-talented Kim McKee, who will appear with her guitarist husband, Ken Wilson, performing traditional and original Celtic music. They teach in southern Colorado. • National Hammered Dulcimer Champion Ted Yoder, Goshen, Indiana. • Tina Gugeler, national champion who performs with contra bands locally. • Steve Eulberg, festival founder. • Erin Mae, youngest National Mountain Dulcimer Champion at 17.
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Instructional aide at school for children with autism About me I’m from Toledo, Ohio. I’m 26, and I’ve been here a little over a year. I moved away from Ohio because I had a midlife crisis and wanted to be somewhere new. I have relatives out here, so my family came out here all the time anyway. Colorado is one of those places where if you’re bored, you’re boring. There’s always something to do. I never hated Toledo. I was just in a weird spot in my life, and if I end up back there I won’t consider it a failure. It’s a smallish Midwestern town. In the last 10 years they got a hockey team and a concert venue. There’s a downtown now. It’s like a Nashville or an Ann Arbor. Teaching and learning I’m an instructional aide at the Joshua School, a school for kids with autism. I’ve been fulltime for two weeks, but I’ve been a substitute since August. It’s a one-on-one teacher to student ratio. The kids have varying levels of needs — it’s all developmental disabilities, but mostly autism. As a sub, I would go in and try to learn a child’s individual goals and behaviors really quickly — what their short- and long-term goals are. It was stressful to have a different kid every day, and children with autism don’t always respond well to new people. Being full-time, I can learn about my kids much more in-depth. I graduated from Bowling Green State University with a bachelor’s in communication disorders. Ideally that would fit into speech pathology, but I
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Shelby Harrigan and her cat, Mama. Harrigan moved to Denver from Ohio and works with children with autism. DAVID GILBERT didn’t get into grad school, so I’m doing this for now. Helping kids I’ve never felt pulled to the special education field, but it’s the easiest place to get a job with my degree. Being there makes me feel like if I can do it, I should do it as long as possible because these kids need so much help. The teachers there are working so hard. If I’m able to push through and do a year, or two, or 17, I need to do that. I never realized how understaffed and underpaid the special education field is. These teachers do and give everything they can. Saying it’s fulfilling sounds cliché, but it’s true. I tell people what I do for a living and I feel pretty cool. If you have suggestions for My Name Is ..., please contact David Gilbert at dgilbert@coloradocommunitymedia.com.
The Independent - The Herald 3
January 18, 2018
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4 The Independent - The Herald
January 18, 2018J
Fire district mergers picking up steam BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM
The clock is ticking. The new year means Littleton is now less than a year away from the departure of its two fire partners — the districts that contract with the city for fire protection — which will officially merge with South Metro Fire Rescue starting Jan. 1, 2019. Littleton City Council has announced it will seek to join forces with South Metro, a large consolidated district that already covers much of the south metro area, rather than allow Littleton Fire Rescue, the city’s firefighting force, to hang on as a muchreduced stand-alone district. The nature of that consolidation is yet to be worked out, however. The city’s fire partners, Highlands Ranch Metro District and Littleton Fire Protection District, which cover areas surround-
ing the city proper, are slated to fully unify with South Metro. Voters in the districts will participate in a special election on May 8 to decide whether to allow South Metro to expand its boundaries to cover them. Unification will go forward regardless of the outcome of the votes, though South Metro plans to keep holding elections in the hopes of passage if the initial bid fails. The City of Littleton, though, will likely start off with South Metro on different footing. “Currently, we’re thinking that we’ll start by contracting for service with South Metro,” said Littleton Mayor Debbie Brinkman. “There has been some chatter coming from staff about going for a full unification, and going before the voters as early as November. Unless I hear a compelling reason, I suggest we work under a contract, ideally less than three years or around a year, in order to stabilize everything and make sure the community is ready for the larger vote.” South Metro Fire Chief Bob Baker said the idea of
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a short-term contract isn’t ideal. “It wouldn’t have to be long-term, but we’re not very interested in a oneyear contract for service,” Baker said. “You’re having to employ people to cover an area. If that contract’s not renewed, you have the difficulty of what to do with the employees. We would really prefer to just fully cover Littleton.” Baker said his staff and attorneys are drafting a memorandum of understanding to present to Littleton’s city council, which he anticipates will be presented to Littleton City Council in early March. Money matters In the meantime, Brinkman said, city staff will be conducting a financial analysis to determine the difference in costs to homeowners once South Metro takes over firefighting in Littleton. Currently, Littleton homeowners pay a mill levy of 6.662, which covers fire protection and a host of other services. South Metro’s rate for coverage is 9.25 mills.
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Stating their case Meanwhile, voters in Littleton Fire Protection District — which includes west Centennial, among other areas — and Highlands Ranch Metro District have received mailers from South Metro, making the case for full consolidation. The mailer, signed by
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Baker and South Metro Fire Rescue Board Chair Dr. Laura Simon, touts benefits of a full inclusion: “Improved service opportunities, including response times, construction and/or relocation of fire stations in the Littleton Fire Protection District, and prevention/ education services.” The firefighters in the part- a ner districts are largely look-n ing forward to joining South s Metro, said Joel Heinemann, i Z president of the Littleton i firefighters’ union. “We’ve been in talks about b this for years,” Heinemann h said. “We feel we’ll be getting good contracts and improved h working conditions and sup- n port. At the end of the day this is really about wanting d to provide a better service to P fi people.” Heinemann said he antici- s pates that firefighters will be o at the forefront of making e the case for unification to C voters. f r Looking ahead l Highlands Ranch Metro y District General Manager fi t SEE DISTRICT, P6
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Brinkman said it’s not yet clear how much funding will be freed up by no longer having to do administrative duties and maintain fire equipment, but she recognizes that a fee increase is likely. “We don’t know yet where that will be burdened,” Brinkman said. “The smart people who look at spreadsheets are better at understanding how these numbers fall into place. We need to look at every scenario, then we’ll need to talk to the community.” Brinkman said she wanted to dispel rumors she’s heard. “We are not going to drain our reserves to pay for this,” Brinkman said. “That money is for an emergency. It’s just not on the table.”
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The Independent - The Herald 5
January 18, 2018
Law enforcement wanted to charge gunman before shooting Attorneys believed Riehl was protected by freedom of speech BY JESSICA GIBBS JGIBBS@COLORADOCOMMUNITYMEDIA.COM
Law enforcement officers were actively searching for ways to criminally charge Matthew Riehl, the suspect in a New Year’s Eve shooting that left Douglas County Deputy Zackari Parrish dead, for his behavior in the weeks before the shooting because local police considered it harassment, documents show. Prior to the shooting, a deputy had visited Riehl to determine if he needed “some sort of intervention.” On Dec. 31, Riehl was shot to death by a SWAT team after killing Parrish and wounding four other officers and two civilians. Authorities say he fired more than 100 rounds at officers. Investigative reports and email exchanges obtained by Colorado Community Media show law enforcement grappling with how to respond to Riehl’s behavior toward law enforcement. Ultimately, a lawyer with the district attorney’s office said it would not be appropriate to charge Riehl and doing so would
potentially violate his First Amendment rights. A Douglas County Sheriff ’s Office detective began investigating information provided by the Lone Tree Police Department concerning Riehl in late November. The police department reported Riehl was harassing a specific officer and the city’s municipal court. The alleged harassment began after the Lone Tree police officer Riehl issued Riehl a speeding ticket on Nov. 10. The detective’s reports show Riehl was initially uncooperative with the officer, and although he eventually became compliant, remained on scene after the ticket was issued to watch officers in his rearview mirror. Riehl then “embarked on an email campaign,” according to the detective’s report. Riehl also posted numerous YouTube videos about the incident, including a slew of insults directed at the officer. Riehl sent multiple emails to the Lone Tree police officer. In one email, he insulted the officer and stated he was more qualified to do his job. He sent 15 emails to the City of Lone Tree Municipal Court between
Nov. 15 and Dec. 5, disparaging the officer and seeking to have the ticket dismissed. In one of the emails, Riehl wrote the officer’s personal address, which he later shared on Twitter. He also compared Lone Tree police officers to Nazis and refused to attend a court appearance that resulted from his speeding ticket, saying the court was run by corrupt officers. The reports also show that as recently as Dec. 5, a deputy accompanied by a clinician visited Riehl to determine if he was “in need of some sort of intervention.” Riehl asked if the deputy had a warrant, and after learning they did not, the report says Riehl “replied that they had interrupted his movie and proceeded to slam the door.” Emails sent between the sheriff ’s office detective, Phil Domenico, and an attorney with the 18th Judicial District Attorney’s Office, Senior Deputy District Attorney Doug Bechtel, show officials debating if and how they could bring criminal charges against Riehl. The detective considered charges for harassment, posting the personal information of a law enforcement officer online, attempting to influence a public servant and intimidating a witness.
Throughout his investigation, however, Domenico said he did not find evidence Riehl made direct threats toward anyone or their property — only that his emails contained “a lot of rambling and rhetoric” and that Riehl spoke “very ill” of the Lone Tree police officer. Domenico provided his reports to the 18th Judicial District Attorney’s Office and asked if an email Riehl wrote to the Lone Tree police officer mentioning the officer’s wife and commenting on Riehl’s skills as a marksman finally warranted criminal charges. “I should have your job. I’m smarter than you. I’m better qualified. I have combat proven medical training and I’ve practiced in Federal court. You are a fumbling lying perjuring buffoon,” Riehl wrote to the police officer, according to Domenico’s report. Riehl went on to say he wanted the officer’s house and pension but told the officer, “you can keep your wife and the dog if you have one.” The quote ends with Riehl saying, “I could drive circles around you and if it ever came down to it, you know I’m a more disciplined marksman than your shaking pathetic lying (expletive).” SEE SHOOTER, P6
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January 18, 2018J
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In an email dated Dec. 14, Bechtel said the office did not believe charges were appropriate, stating Riehl was likely protected by the First Amendment, “especially given the wide latitude since we are public officials.” Bechtel suggested telling Riehl to stop his communications could create grounds for harassment charges if Riehl were to ignore that request. “We have an argument that when a suspect continues to communicate after a clear `Do not contact me’ communication, that it is for the purpose of annoying, harassing or alarming. In this case, the defendant’s intent seems to be to get the ticket dismissed,” Bechtel said after explaining pursuing the case in court as it stood then would likely be unsuccessful. “We do not believe,” Bechtel wrote, “there is a likelihood of success at trial.”
Terry Nolan also plans on interacting with the community ahead of the vote, but said he’s not planning on encouraging people to vote one way or another. “I’ll be going on the road to anyone who wants to listen and talk about it starting this month,” Nolan said. “But getting out the vote isn’t the function of the metro district. We’ll be doing informative presentations.” Nolan said that Highlands Ranch homeowners currently pay a mill levy of 18.205, which will drop by 7 when they sever ties with Littleton, but that South Metro’s rate of 9.25 makes for a net gain of 2.25 mills — or about $6.75 more per month on a
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house valued at $500,000. Residents of the Littleton Fire Protection District currently pay 7.67 mills. Representatives of LFPD could not immediately be reached for comment. Baker said he’s hopeful about the future of the unifications. He said Cunningham Fire Protection District, which cut ties with Littleton last year to merge with South Metro, was officially unified on Jan. 1, and that the process went well. “I’m very encouraged with what I’ve been hearing from the Cunningham folks,” Baker said. “The residents of the district never experienced any interruption in service, and the firefighters are integrating well. I’m looking forward to serving Littleton as well, and I hope they come to the conclusion that full unification is the best option.”
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The Independent - The Herald 7
8January 18, 2018
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8 The Independent - The Herald
January 18, 2018J
Colorado aerospace companies flying high Leaps in technology, beefy defense spending support space industry BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM
Colorado’s economy may be more associated with beer and marijuana than space, but the state’s robust aerospace industry is flying high. Leaps in technology and beefed-up defense spending have been kind to the hundreds of aerospace companies in Colorado, many centered in the Denver suburbs, where legions of engineers are designing, building and operating space-age technology with globe-spanning influence. “We’re first in the nation in terms of per-capita aerospace employment,” said Jay Lindell, a retired Air Force major general whose job title is “champion” of the state’s aerospace and defense industry for the state Office of Economic Development and International Trade. More than 25,000 aerospace workers are employed in Colorado, Lindell said, in more than 400 companies. And while Colorado is home to some of the industry’s big names — Lockheed Martin, Ball Aerospace and United Launch Alliance — more than half of the state’s aerospace companies have 10 employees or fewer. The aerospace industry is diverse, said Vicky Lea, director of the Aerospace and Aviation Division at the Metro Denver Economic Development Corp., which houses the Denver-based Colorado Space Coalition, a consortium of industry stakeholders. “We’ve got great representation in all three pillars of the industry: civil, commercial and military,” Lea said. The bulk of the industry’s funding still comes from government contracting, but the private sector is picking up. “We added more than a thousand new aerospace jobs in Colorado last year,” Lea said. “That’s the biggest jump in a decade.” They’re good jobs, too: The average salary for an aerospace worker is $130,000, Lea said, more than double the overall state average. At the vanguard Some of the projects at the vanguard of 21st-century spaceflight are being developed at Lockheed Martin, said Joe Rice, Lockheed’s director of government relations. Lockheed, which largely pioneered the aerospace industry in Colorado, has offices and facilities scattered around the southwest metro area, including a large campus in Waterton Canyon in unincorporated Jefferson County. “We’re designing and developing the Orion spacecraft, which will take astronauts back to the moon and eventually to Mars,” Rice said. “And we’ve sent spacecraft to every planet in the solar system.” Some of Lockheed’s most influential work is also some of its less visible.
Technicians work on a global positioning system satellite at Lockheed Martin’s Waterton Canyon campus last August. Lockheed is one of the heavy hitters of the Colorado aerospace industry. COURTESY PHOTO
AEROSPACE ADDS UP Aerospace is a driver of employment in Colorado by any measure. According to statistics compiled by the Metro Denver Economic Development Corporation: Colorado’s aerospace industry employed 25,500 people in 2015-2016, with an additional 29,090 military aerospace personnel in the state, for a total of 54,590. Their collective payroll was more than $3.4 billion. The company’s GOES satellites are the foundation of space-based weather monitoring, and 19 of the planet’s 31 Global Positioning System, or GPS, satellites were built by Lockheed. The GPS satellites also broadcast a timing signal that is used to certify global financial transactions, Rice said, and the whole shebang is controlled from Schreiver Air Force Base in Colorado Springs. “We’re the center of the world for GPS,” Lindell said. “There’s not a military mission that gets done without it. I was on a tour at Schriever, and one of the operators said to me: ‘Well sir, we control humanity.’” Rice said Lockheed also provides Colorado with “pride and culture.” “It’s difficult to find a classroom that hasn’t had someone from Lockheed come in to talk about what they do,” Rice said. Other industry big shots call Colorado home. United Launch Systems, a joint Lockheed-Boeing consortium responsible for launching NASA and military satellites, is based in Centennial. DigitalGlobe, which produces geospatial imagery, is based in Westminster. Ball Aerospace has offices in Westminster, Broomfield and Boulder; Raytheon has offices in Aurora, Green-
Between 2011 and 2016, employment in Colorado’s aerospace sector grew by 2.1 percent, while the national figure fell by 3.2 percent. Arapahoe County is home to a plurality — 31.5 percent — of Colorado’s aerospace workers. Jefferson County is second with 23.7 percent. El Paso is home to 20.9 percent, Boulder has 19.8 percent, Adams 2.4 percent, and the other 59 counties are home to the remaining 1.6 percent. wood Village and Colorado Springs; Northrop Grumman has offices in Longmont, Aurora and Colorado Springs; and Sierra Nevada has offices in Centennial and Louisville. From cowboys to rockets Colorado began its development into an aerospace powerhouse in the years following World War II, when the state was known more for its miners and cowboys than engineering feats, Rice said. “It all really got started when the Glenn L. Martin company — the precursor to Lockheed Martin — decided to relocate here in 1956,” Rice said. “The idea was threefold: that we were out of the range of Russian missiles at the time, that the mountains offered some protection, and that the geology was stable for advanced telemetry experiments.” The defense industry rush that followed helped grow the Denver metro area into the powerhouse it is today, said Stephen Leonard, a professor of history at Metropolitan State University of Denver, who has written some of the seminal tomes of Colorado history. “Martin brought high-paying jobs, and supplier companies followed,”
Leonard said. “Soon lots of companies discovered what an attractive place this is, and that contributed majorly to the growth of the southwestern suburbs. Without Martin, Littleton would have remained little a lot longer than it did.” The industry enjoys a symbiotic relationship with the state’s military installations, including U.S. Space Command at Peterson Air Force Base in Colorado Springs. Leonard said the area used to have a better awareness of the achievements in its midst, before the aerospace industry got diffused into a more diverse economy. “It’s an extremely important and underappreciated role,” Leonard said. “Big newspapers were always celebrating some new achievement that Lockheed was making, and they do less of that now, unfortunately.” The next frontier? Looking to the future, the sky’s the limit, Lindell said. “We’re seeing lots of growth in commercial and private spaceflight,” Lindell said. “And satellites are getting cheaper, smaller, and more capable.” Lindell said Colorado’s aerospace profile may grow if plans to develop the state’s first spaceport get off the ground. Based at Front Range Airport near DIA, the spaceport would accommodate space planes, which will take off and land like normal airplanes. A number of industry groups will host Aerospace Day at the Colorado Capitol on March 19, an annual event featuring demonstrations and presentations of the state’s aerospace prowess. “We want people to get as excited about this stuff as we are,” Lindell said. “We’re at the forefront of some big things here. Keep your eye on this industry — it’s really taking off.”
The Independent - The Herald 9
January 18, 2018
Mid-century modern structures have stories to tell City to conduct survey of historic buildings along Littleton Boulevard BY SONYA ELLINGBOE SELLINGBOE@COLORADOCOMMUNITYMEDIA.COM
As Littleton changed from an agricultural town to a modern suburb in the 1950s, 1960s and 1970s, Littleton Boulevard led the way into the city from South Broadway, and a number of significant commercial buildings replaced the older homes that had faced the busy street. Noted architects who lived and worked in the area left a clear mark on the city. Local residents may often drive past without really appreciating the story the structures tell, but preservation consultants Diane Wray Tomasso and Michael Paglia say this is the best mid-century modern collection in Colorado, aside from Boulder’s. From the 1950s into the 1970s, with the arrival of Martin Marietta, Marathon Oil, Honeywell and other companies, Littleton grew very fast and a number of notable commercial buildings appeared, some designed by important architects. Tomasso and Paglia, who surveyed Boulder’s historic mid-century building stock several years ago, is now under contract to conduct a survey of “Mid-Century Resources of Littleton Boulevard” — a study that is nearing completion. It is supported by a grant from the state historical fund. The area of study is limited to a block on either side of Littleton Boulevard, continuing down onto Main Street —
The Arapahoe County Bank was located at 5800-04 S. Datura St., Littleton. It was an example of mid-century architecture by Earl Chester Morris, who designed many Littleton schools. Note the vintage cars. Photos courtesy of Diane Wray Tomasso. PHOTO COURTESY OF DIANE WRAY TOMASSO
although the city contains numerous other notable modernist buildings. At 7 p.m. on Jan. 24, at Littleton’s Bemis Library, Historic Littleton Inc. will sponsor an illustrated talk by the two historic architecture experts about what they have learned as they scrutinized each building and dug through records to learn about architects, builders and businesses — and how each one functioned in an increasingly complex community, as well as about building techniques in the postwar era. Historic Littleton Inc., a membership group devoted to historic preservation, has a longstanding interest in buildings of this postwar period that have qualified as “historic” in recent
years — 40 years is the cutoff. In 2014, the buildings, as a group, were placed on Colorado Preservation Inc.’s annual Most Endangered list, due to concern that they might not receive the respect and care they deserved — and might be bulldozed to make room for apartments, which happened to the IREA Building recently. Once the survey is completed there will be some consideration given to which buildings might be eligible for designation on local, state and national registers of historic places, as are a number of buildings in downtown Littleton’s Historic District, where inclusion is by consent of the owner and some tax advan-
IF YOU GO Diane Wray Tomasso and Michael Paglia will speak at 7 p.m. Jan. 24 at Bemis Library, 6014 S. Datura St., Littleton. Admission free. Note: If readers have materials related to Littleton Boulevard history, Tomasso would like to copy them and return. (Contact this writer if you have such material and are not able to attend the lecture — sellingboe@coloradocommunitymedia.com.) tages apply. As you drive along West Littleton SEE MODERN, P17
MY NAME IS
KEMP KEHN
do something about (depression) the best I can. And try to base it all on the Bible and the correct Scriptures ... And maybe even bring them to Christ.
Homeless man who spends his time in Englewood spreading postivity online How often do you come to the Englewood Public Library? Almost every day. Being able to get online, not having to put up with a whole lot of outside angst, so to speak, from people just trying to anything from trying to get high (to) whatever else they try to do (is why I come). The “I Hate Depression” page on Facebook that I’ve got has been doing pretty well as of late, and I’m just about fininshed with it. It’s for people who may not want to talk about why they’re so depressed. I’ve tried to just put up a lot of various help that may actually be beneficial for all sorts
What drove you into depression yourself? For me, it actually started when I lost my mother in 1999, and it continued through about 2003 because of losing both my parents within that time span, and then trying to figure out how to cope with loss.
Kemp Kehn, 40, at the Englewood Public Library Jan. 3. Kehn, whose stint of homelessness began in 2013, spends days at the library posting on his Facebook pages. ELLIS ARNOLD of different types of depression, from your standard psychological depression to just little things over time that hadn’t been adequately dealt with (that are) just steadily dragging a person down after a while.
Where did you get the idea? I know from the time I had suffered from depression, no matter how simple it seemed to Google (resources), that’s one of the last things you want to do when you’re depressed. I just felt like I should try to
What are some of your other Facebook initiatives? It’s called Christian Help. I’ve got some people on my friends list that will occasionally (respond) if you want to ask some questions that might not pertain to what you might find on that site. As of right now, as far as physically, I can’t really (work) a whole lot. I had some huge problems with my shoulder, and I have a shunt in my head (from a birth injury).
It’s just been working with everything that I’ve been through to the best that I can.
What’s your favorite memory here? There was one time I got done on the computers here … I went outside, and I was just posting stuff to my timeline at the point. And I was approached by one woman outside telling me how much she enjoyed the stuff I was positng on my timeline. And it was like “Oh, that’s great, but do I know you?” And she said, “Oh, no” and introduced myself to me. And she said yeah, I suffer a little bit from depression … and she said your posts really help. I was inspired by that to keep going … it’s kind of amazed me. It just shows definitely that the Lord could use me. If you have someone you’d like us to feature in My Name Is — or if you’d like to be featured — contact Ellis Arnold at earnold@coloradocommunitymedia.com.
10 The Independent - The Herald
January 18, 2018J
Audubon Society files appeal of Chatfield expansion Environmental group says rising water levels would harm ecosystem BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM
An environmentalist group will appeal a judge’s decision that plans to expand Chatfield Reservoir could go forward, despite the group’s assertion that the Army Corps of Engineers’ project to raise the waterline by up to 12 feet will do unnecessary damage to the ecosystem surrounding the lake. The Audubon Society of Greater Denver filed suit against the U.S. Army Corps of Engineers in 2014, claiming that the Corps’ plans will drown vital wetlands and forests, including the habitat of the threatened
Preble’s meadow jumping mouse. A judge in the U.S. District Court for the State of Colorado ruled in favor of the Corps in December, saying that Audubon hadn’t provided sufficient evidence that the plans violated the National Environmental Policy Act. Audubon is appealing the ruling, and seeking an injunction to halt construction that started shortly after. “We were disappointed, but not surprised, by the district court’s ruling on our case and have filed our appeal in hopes of saving Chatfield State Park from this wrong-headed project,” said Polly Reetz, Audubon’s conservation chair, in a statement announcing the appeal. The Chatfield Reservoir Mitigation Company, which is overseeing the project, declined to comment, citing ongoing litigation. The $130 million project will allow
water storage for eight municipal water providers and agricultural organizations across the metro area and northeastern Colorado. Construction is expected to take two years to complete. The project will necessitate removing trees and moving recreational facilities around the lakeshore. Audubon’s lawsuit was based in large part on the concept that the initial Environmental Impact Statement, or EIS, prepared by the Corps failed to adequately examine possible alternatives to the plan, which would add more than 20,000 acre-feet of capacity to the reservoir. “Denver Audubon asserts that the Corps did not seriously consider a number of sound, reasonable alternatives that would do less environmental damage,” Audubon said in a press release, “including increased water conservation, use of space
in Rueter-Hess reservoir, storing water in underground aquifers, and storage in repurposed gravel pits like the South Platte Reservoir near Chatfield.” Judge Philip Brimmer wrote in his ruling that Audubon’s assertions were inadequate to stop the project because the project’s stated goal is to increase water storage capacity to serve the metro area’s growing population, not to reduce the amount of water used. Brimmer also said that Rueter-Hess Reservoir, near Parker, was recently expanded itself and shows no indication of being capable of further expansion. Brimmer’s ruling does not appear to make mention of the idea of storing water in underground aquifers, but it calls the idea of utilizing nearby gravel pits to meet water storage SEE CHATFIELD, P18
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Be a Member of Our Dynamic Team Douglas County Libraries elevates our community by inspiring a love of reading, discovery and connection. It’s a place where purpose and profession align and you’re empowered to make a positive difference. When you join our team, you become part of a dynamic network of doers. Differing talents and diverse backgrounds are valued. You, too, can contribute to this narrative. Douglas County Libraries is currently hiring for multiple positions at several of our locations.
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Diversified Transfer and Storage Has a new Aurora Terminal and is currently hiring for: • Local Drivers Full & Part Time – Average yearly pay $55,000 or more, home nightly • Regional Drivers Average yearly pay $59,000 or more, 4 day run home 2 to 3 full days • OTR Solo and Teams Average yearly pay $70,000 Weekly dedicated runs • Owner Operators – Average 130,000 miles yearly average $2.50 per mile We also have openings and are growing in our Warehouse food grade personnel and Clerical support teams. DTS offers great benefits, health, dental and life insurance, PTO and 401k Call 877-DTS-JOBS or complete an application on line at www.dtsb.com Or in person at 19500 E 34th Drive, Aurora 80011
ENGINEERING Visa Technology & Operations LLC, a Visa Inc. company, currently has openings in our Highlands Ranch, CO location for:
- Sr. Systems Engineers (Job# REF7018D) to be responsible for gathering and analyzing requirements to design, deploy, and support various enterprise middleware technologies. Architect, integrate, and configure applications to fully utilize such as tcServer, Tomcat, IBM WebSphere Application Server, and Oracle WebLogic as well as other middleware technologies. Provide production support for integration solutions in production environments.
To apply, please reference Job# above when mailing resume to: LJ, Visa, Inc., MS: M1-12 SW, 900 Metro Center Blvd., Foster City, CA 94404. EOE RN or LPN nurse(s) needed, PT or FT. Night shifts. CNA Days. One on one patient care. North Parker. Seeking caring, dependable nurses to help keep the family together. Active license required – all nurses welcome to apply (retired, empty nester, those seeking a slower pace, peaceful home, etc). Call 303-646-3020 and leave a message or text 303-919-5339 if we are unavailable
TECHNOLOGY Visa U.S.A. Inc., a Visa Inc. company, currently has openings in our Highlands Ranch, CO location for:
- Sr. Technology Analysts (Job# REF7017N) to review incidents for Tier One customers to ensure tickets are routed correctly and addressed in a timely manner. Work with the client management teams to ensure incidents have proper problem statements. Analyze repeat Incidents for areas of improvement and help develop a plan to implement the resolution as appropriate. Serve as a support representative for cross-organizational initiatives.
To apply, please reference Job# above when mailing resume to: LJ, Visa, Inc., MS: M1-12 SW, 900 Metro Center Blvd., Foster City, CA 94404. EOE
The Independent - The Herald 11
January 18, 2018
MILESTONES Mackenzie Berg, of Littleton, was named to the fall 2017 president’s list at Graceland University. Rylie Cimino, of Littleton, was named to the fall 2017 dean’s list at Belmont University. Tyler Davis, of Littleton, was named to the fall 2017 dean’s list at LeTourneau University. Davis is a senior majoring in mechanical engineering. Marlena Hanne, of Littleton, was named to the fall 2017 dean’s list at Champlain College. Elizabeth Lebar, of Littleton, was named to the fall 2017 dean’s high honors list at Marietta College. Lebar is a graduate of Arapahoe High School. Kyle Lopez, of Littleton, received a Richard and Inez Owen Business Scholarship
from Emporia State University. Caitlin McGilchrist, of Littleton, was named to the fall 2017 dean’s list at Belmont University. Addison Plant, of Littleton, was named to the fall 2017 dean’s list at Maryville University. Plant is studying marketing. Mark Sanford, of Littleton, was named to the fall 2017 dean’s list at LeTourneau University. Sanford is a freshman majoring in professional flight. Letti Stafford, of Littleton, was named to the fall 2017 dean’s list at St. Norbert College. Rafia Sagheer, of Littleton, was named to the fall 2017 dean’s list at Columbia College, Denver campus. Zachary Scott Tucker, of Littleton, was named to the
fall 2017 dean’s list at South Dakota State University. Jackson Wallace, of Littleton, was named to the fall 2017 dean’s list at Belmont University. Amelia Watson, of Littleton, was named to the fall 2017 dean’s list at Belmont University. Helen Watson, of Littleton, was named to the fall 2017 dean’s list at Belmont University. Ryan Wendell, of Littleton, was named to the fall 2017 dean’s list at Bucknell University. Morgan Wilhelm, of Littleton, graduated in December with a bachelor’s degree from Chadron State College. Claire Wilhoite, of Littleton, was named to the 2017 Daktronics-NAIA ScholarAthlete Team. Wilhoite is a junior at the University of Saint Mary. She is a graduate of SkyView Academy, and is
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ties across the U.S. and at key conservation sites around the world. As a student in the AIP master’s degree, Doxon has explored conservation and education at the Denver Zoo, while also conducting projects that have made a difference in the Englewood area. Doxon graduated in December with a master’s degree in teaching in the biological sciences from Miami University through Project Dragonfly. Doxon is the senior museum educator at the Children’s Museum of Denver, Marsico Campus. Sadie Flora, of Englewood, recently performed in “Messiah, Prince of Peace,” the 2017 Christmas Festival presented by the Wheaton College Conservatory of Music. Flora sang soprano II with women’s chorale.
attending Saint Mary on an athletic scholarship. She is on the women’s soccer team. Joshua Wintroub, of Littleton, received a presidential scholarship to attend Cornell College beginning in fall 2018. Madyson Woog, of Littleton, was named to the fall 2017 honor roll at McPherson College. Woog is a freshman. Sarah Doxon, of Englewood, presented “Everyday Nature Heroes” at the 14th annual World Community Conference in December at the Cincinnati Zoo & Botanical Garden. Sponsored by the zoo and Miami University’s Project Dragonfly, the conference showcased the work of Advanced Inquiry Program, Earth Expeditions and Global Field Program graduate students who have conducted inquiry projects in communi-
SEE MILESTONES, P18
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12 The Independent - The Herald
S
January 18, 2018J
LOCAL
VOICES
If we’re lucky, we’ll evolve until we’re as good as dogs
hould anyone who impersonates an impersonator QUIET be allowed DESPERATION to vote? There’s a impressionist in Branson who impersonates Rich Little. Should anyone who can’t remember when to put their trash out be allowed to vote? Should anyone who says he is “like, really Craig Marshall smart” be allowed to Smith vote?
On the other hand, should anyone who adopts a special-needs dog be allowed to vote twice? I think so. How are your heartstrings today? There’s an Aurora dog named Rex. He gets his name from T. Rex, because a congenital deformity stopped his front legs from growing below the joint. He has always walked on his hind legs. You may have seen dogs do that on Letterman, but they were performing. Rex does it all of the time, and, “He has no idea he’s different,” his new foster dad said.
There are other dogs just like Rex. You can find touching videos of them on YouTube. By now, many of you know how I feel about dogs. Versus people. Dogs don’t have it in for you if your religion or race or lifestyle preferences are different than theirs. War isn’t one of their growth industries. Physically, they are indomitable, and are capable of remarkable tolerances and recoveries. Dogs like Rex are often unwanted and discarded. Rex’s new owner, and those involved in his future, have thought about it
I
very differently. The Denver Post reported that Rex was crowdfunded a unique cart to improve his quality of life. “Eddie’s Wheels for Pets spent four weeks engineering a special cart for Rex to act as his front legs and improve his mobility.” Eddie’s Wheels for Pets should be allowed to vote twice too. Rex was dropped off at an animal shelter because his first family couldn’t give Rex the care and attention he needed. Along came Cameron Schumacher. SEE SMITH, P13
What you see is what you get — so carefully create what you see reminder of their goal. They shared with me that 10 years ago, that dream became a reality, as they moved to Colorado full time. There has been so much written about the power of visualization and so many shared and great success stories of people who have used visual techniques to not only meet their goals and objectives, but in many cases, they have far exceeded even their own expectations. So how do we use and harness the power of visualization to set and achieve goals? Well, the very first step in goal setting is to define our goals. Not just keeping them in our head, but actually investing the time to write them down. Whether we do this using technology or on a pad of
was talking with a husband and wife a few years ago. They were from Kansas and for years came to Colorado every winter for a ski vacation. As they drove in from I-70 heading west, they would always WINNING stop as soon as WORDS they saw the Colorado Rockies in the distance. They would pull over on the side of the road and stare at the mountains, they would visualize themselves living in those mountains Michael Norton one day, and they would take a picture and keep that picture on their refrigerator at home as a constant
SEE NORTON, P13
LETTERS TO THE EDITOR Kudos to Fey A small correction is needed for the recent “Council debates LIFT appointments” article by David Gilbert. Gilbert mentions council member Carol Fey’s amendment to “not start interviews for new board members until the city has received a report on the total number of vacancies.” However, that was not the amendment made by Ms. Fey. Her amendment, as stated on the city’s website, was to
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“require interviews not begin until the council has received a recommendation from the LIFT Board on the exact number of vacancies as the LIFT Board understands it and that the interview process be open to the public.” Fey’s motion indicates an expectation that the LIFT board will meet and make a recommendation to council on the number of vacancies. However, I have been told by city staff that LIFT will not meet in order
to make the recommendation. Apparently, there are certain recommendations that LIFT can make to council that do not require them to meet. I wonder what other recommendations LIFT can make to council without holding a meeting? It is worthwhile to mention that the three new councilmembers (Driscoll, Elrod and Schlachter) all voted no to Fey’s amendment that would ensure the appointment process would be
open and transparent from LIFT’s recommendation to council’s appointments. Thank you to Carol Fey for providing for an open and transparent process — great job for a newly elected council member! Carol Brzeczek Littleton
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SEE LETTERS, P13 Englewood Herald (ISSN 1058-7837)(USPS 176-680) A legal newspaper of general circulation in Englewood, Colorado, the Englewood Herald is published weekly on Thursday by Colorado Community Media, 4 West Dry Creek Circle, Suite 100. Littleton, CO 80120. PERIODICALS POSTAGE PAID AT LITTLETON, COLORADO and additional mailing offices. POSTMASTER: Send address change to: 750 W. Hampden Ave., Suite 225, Englewood, CO 80129
The Independent - The Herald 13
January 18, 2018
LETTERS FROM PAGE 12
Family should have say Thank you for your detailed coverage of the tragic New Year’s Eve morning violence. My condolences to the Matthew Riehl and Zackari Parrish families. May their deaths not be for naught. Sheriff Tony Spurlock said, “we are committed to do whatever we can to address the mental health issues in the county and whatever we can do anywhere in the state.” Here are two suggestions: Currently, according to Colorado’s mental health hold law, only licensed medical professionals or law enforcement officers can initiate a mental health hold, an “M-1.” Families of ill relatives are not permitted to initiate an M-1 hold. This is because, way back in the mid 20th century, families were erroneously blamed for causing schizophrenia, and because a few families incarcerated annoying relatives in the old defunct state hospitals. Today, many families are caring for their mentally ill family members and
NORTON FROM PAGE 12
paper or in a planner, we are creating our first set of something visual that will not only be captured on paper or in our technology, we are taking the first step towards imprinting it in our minds as we review our lists. One of my favorite things to participate in is a vision boarding session. Either in a group setting as a participant or as a facilitator or simply at home as we plan out our goals and dreams. I am sure many of you are at least aware of this technique, and many of you have already probably created your vision board for 2018. If not, it is a fun and extremely valuable exercise. A vision board, or even a vision wall, is created by using graphic images of our goals and dreams. The things we want to achieve, acquire, be, do, or have in life. And then pinning or attaching those pictures and images to our board or wall. In some cases, as we build family vision boards, it will include images or pictures of what our children hope to do or become, or maybe where they want to go to college. I have seen some great vision boards in my life, and I am thoroughly impressed when I speak with someone about their vision board and ask about the “why” behind each picture or image. Sailboats, Hawaiian sunsets, a map of Italy, an image of a bed-and-breakfast sign from people who wanted to buy an inn, a trail map of Vail, Beaver Creek, or other ski areas, a picture of a university campus, a postcard of an African safari, a graduation cap and gown, a second home, the logo of a company they want to work for one day or a customer that they want to sell to, and even images of some kind of currency and in some cases actual dollar bills tacked to the wall. These can be so much fun to put together, but more importantly a powerful and very visual reminder of
are intimately aware of their symptoms. By permitting family members to initiate an M-1, the mentally ill might get treatment before psychosis renders them dangerous. Also, we need more resources to assess and treat the seriously mentally ill citizens in our communities. Allocate the funds. Spend the money — for the well being of us all. Jean Trester Centennial A true treasure Thank you for highlighting the remarkable Sonya Ellingboe in your “My Name is…” column. We first met Sonya when we moved to Littleton in the early 1980s.We always enjoy talking with her and seeing her at any one of the art or historic preservation functions in the community. Sonya deeply cares about Littleton and her perspective on all sorts of community matters is always appreciated. And we still miss the books store she used to own in downtown Littleton! Sonya has a great attitude about being involved in the community. She does make a difference. Pat and Rick Cronenberger Littleton what we are doing, why we are doing it, and where we want to go in this life. If you have never built one, send me an email and I am happy to talk you through it. In addition to a vision board, here is another visual idea that may help you. I find that it really helps me. I keep a notebook with me at all times. For me, I can write faster than I type, and when I am speaking with others it is just more personal to be taking notes in this way than trying to capture notes on any of my devices. I also write out my to-do list each day so that I have it right in front of me as a visual aid to keep me on task. Last year I started writing words at the top of each page in my notebook as I create my to-do list. It serves as a constant and consistent reminder of things I am working on in my own life. I write down five things at the top of the page; 1. Seek God first. 2. Say “No” so that I can say “Yes.” 3. Stop trading time for money. 4. No “FOMO” which means stop living with a “Fear of Missing Out.” 5. Practice patience. Maybe you will have five, maybe only two or three, or maybe just one. And certainly, you will have your own words and attributes that you are working on in your personal life. And of course, feel free to use any of the ones I have listed here for myself or ask me the “why” behind each attribute I have chosen. Are you a visual person? Does it help for you to be able to see where you would like to go and what you would like to be, do, or have in this life? Or do you have other ways or tools that you use to keep you on track while you pursue your dreams and goals? Either way, I would love to hear from you at gotonorton@gmail.com, and when we realize that what we see is what we get, it really will be a better than good week. Michael Norton is a resident of Castle Rock, the former president of the Zig Ziglar Corporation, a strategic consultant and a business and personal coach.
SMITH FROM PAGE 12
I’d like to meet Schumacher, and I’d like to meet Rex. Cameron and Rex are uplifting antidotes to the rest of the news, and the rest of the newsmakers (see: “I’m, like, really smart”). Animal shelter chief veterinarian Dr. Louisa Poon thinks Rex will be a candidate for surgically implanted prosthetics, which cost $1,000 to $1,500 per leg, once Rex’s “growth plates” are fully developed. I am considering another dog. The house and my life are too empty without one. I have looked at healthy puppies that come with every conceivable piece of information about their mothers and fathers, the climate of the kennel where they were bred, and what their favorite bedtime stories are. Then there are the other kind, like Rex, who haven’t had it so good.
A dog’s personality is created in its first 16 weeks. They benefit from conscientious owners, and they are adversely affected if their owners aren’t committed to them during that time. However, there are many stories about abandoned and neglected dogs who are rescued and adopted, and turn into joyful “critters,” as my neighbor Sue calls them. She and her husband adopted Taz. Taz gets her name from the Tasmanian devil, because she was a wild child. She not very good-looking, but she’s beautiful. She’s a perfect reflection of her owners. Schumacher already had two dogs. They were a little spooked by Rex at first, because of his differences. Now they love him. See what I mean about dogs? Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at craigmarshallsmith@comcast.net.
OBITUARIES WADDILL
Ruby Waddill
Ruby Waddill, 98, passed December 16, 2017. She married at age 17 and left Kansas for Englewood in 1941. Last of 11 children, she was proceeded in death by husband, Clay, and grandchildren Kenny and Michele. Survived by children: Don Waddill, Linda
Morris, Jeanette Enloe, Patty (Steve) Work, Debbie Waddill, plus numerous grandchildren. Ruby and Clay had a country band for many years. Ruby loved to sing, dance, entertain and host parties. Her home was full of music, people and love.
In Loving Memory Place an Obituary for Your Loved One.
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14 The Independent - The Herald
LOCAL
January 18, 2018J
LIFE
Whatever the weather, Norse fest is coming
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Steve Milloy, composer of “Bayard Rustin: The Man Behind the Dream,” sits in on a rehearsal with the Harmony Chorale at Arvada High School Jan. 6. PHOTOS BY SHANNA FORTIER
Harmony Chorale tips hat to organizer of March on Washington BY SHANNA FORTIER SFORTIER@COLORADOCOMMUNITYMEDIA.COM
Nine out of 10 people on the street don’t know who Bayard Rustin is. But Cincinnati Men’s Chorus Artistic Director Steve Milloy is out to change that. Milloy composed and arranged an original choral piece, “Bayard Rustin: The Man Behind the Dream,” and musical groups throughout the country are starting to perform it. “The piece discusses an unknown fact in our history of this wonderful man, Bayard Rustin,” Milloy said. “He was a peace activist, civil rights activist and an unabashedly openly gay man at a time when that was not exactly looked on as something righteous to do.” Rustin is mostly know for organizing the 1963 March on Washington where Martin Luther King gave his “I Have a Dream” speech. “But if it wasn’t for Bayard Rustin, there wouldn’t be Martin Luther King as we know him,” Milloy said. “It was Bayard Rustin who went and studied non-violent resistance and taught those things to King. And that’s when the civil right movement really took off.” Milloy, who has been singing in LGBTQ choruses for 30 years, was inspired to write the Rustin piece because he was yet to come across one about an African-American. “I was wondering: When am I going to sing something about somebody who looks like me?” said Milloy. “So I thought it was time
Hazel Miller and Mark Boykins reherse their storytelling roles for the upcoming production of “Bayard Rustin: The Man Behind the Dream.” to put something out there about a man who was not just important to the gay, LGBTQ movement, but to the civil rights movement as a whole.” Music in the piece runs the gamut from 19th-century hymnody to ragtime, pop ballads and anthems, jazz, concertized spirituals, chain gang songs and even rap. After hearing about the “The Man Behind the Dream,” Bill Loper, artistic director for Harmony of Colorado Chorael, thought it was perfect for his choir. “The story of Bayard Rustin, such a powerful figure in American history who was really shunned because he was an openly gay man
o far this year, Ullr, the Norse god of winter, seems to mostly have skipped over Colorado. But hopefully the fourth annual UllrGrass festival in Golden will bring the god’s attention back to us. UllrGrass is a three-day music and beer festival that is hosted in Parfet Park, located at 10th Street and Washington Avenue, and New Terrain Brewing Co., 16401 Table Mountain Parkway, from COMING Jan. 26-28. ATTRACTIONS The festival is produced by Coral Creek Music and benefits music education in the Golden community through the Coral Creek Music Project. This year’s lineup includes members of Railroad Earth, Leftover Salmon, the Lyle Lovett Band, Hot Rize and more. Clarke Reader UllrGrass goes beyond offering only music to attendees — craft breweries and cideries will be on hand, as well local vendors and food trucks, and there are even activities for children, like an UllrEgg hunt, scavenger hunt, face-painting and more. The Performance Round of this year’s UllrGrass Band Contest takes place at 6 p.m. on Jan. 18 at New Terrain Brewing Co. There are eight finalists, and each will perform a three-song set. The winner of the Performance Round will perform on the mainstage at UllrGrass 2019. The Performance Round is free and open to the public. Seeing as the event is named in honor of winter, the festival will be hosted come snow or shine, so prepare layers to stay warm. Ullr devotees have been known to show up in Viking garb — helmets, drinking horns and leather chest plates — whatever you need to summon the spirit of Ullr. And because Ullr is also the Patron Saint of Skiers, don’t be afraid to put your ski pants on. Tickets for the music festival can be purchased as a weekend pass or single-day pass. VIP tickets are also available. Beer festival tickets can be purchased as a supplemental ticket, as a package with a weekend pass or Saturday single-day ticket, or for the beer festival only. To learn more, visit www. ullrgrass.com.
... it’s a story that just needs to be told,” Loper said. “You can go down the street and ask anybody, ‘Do you know who Bayard Rustin was,’ and nine people out of 10 will say no.” Loper has been doing that while he’s been handing out fliers promoting Harmony’s performance of Milloy’s “Bayard Rustin: The Man Behind the Dream.” Harmony is a lesbian, gay, bisexual, transgender and straight ally chorus that was founded in 1991. The 70-member choir pulls members from the Denver metro area and northern Colorado.
I like big barrels and I cannot lie Those in search of a little liquid warmth this winter shouldn’t miss Colorado Plus’ fourth annual Big Barrel Aged Beer Festival, from Jan. 19 through 21 at 6995 W. 38th Ave. in Wheat Ridge. The festival will feature a variety of beers, including Bull and Bush Barrel Aged Man Beer, Rockyard Rockness Monster, Funkwerks Duplicity, Avery Samael’s, C+ Cookie Zilla and more. These are rare and one-off barrel aged beers that will appeal to anyone interested in seeing how barrel aging and the type of barrels can affect the taste of a beer. Go to www.coloradoplus.net for all the details.
SEE CHORALE, P15
SEE READER, P15
The Independent - The Herald 15
January 18, 2018
READER
11964 Washington St. in Northglenn. For all the details on the celebration, go to www.facebook.com/atCheers.
FROM PAGE 14
Honoring Tom Petty with local bar bands The sudden death of rock legend Tom Petty last year was one of the hardest losses in a year full of great talents going out. Petty was responsible of some all-time great songs, including “Free Fallin’,” “American Girl” and “Learning to Fly,” and by all accounts was an extraordinarily decent man. Thankfully, his music lives on, and local bands like The Humbuckers, 3 Star Monday, Last Rhino and special guests Tompettyproject and Adrienne Osborn will be playing it at 6:30 p.m. on Saturday, Jan. 20, during the Tom Petty Tribute Night at @ Cheers,
CHORALE
Clarke’s Concert of the Week — Passion Pit at the Ogden Passion Pit, which is the brainchild of frontman and produccer Michael Angelakos, has been one of the most fun electro-pop bands since their 2009 debut, “Manners,” first hit the scene. In the ensuing years, Passion Pit has developed an ardent fan base, and 2017’s independent release, “Tremendous Sea of Love,” showed musicians eager to explore and experiment with the more familiar elements of electronic music. Now Passion Pit will be performing at 8 p.m. on Monday, Jan. 22, at the Ogden Theatre, 935 E. Colfax Ave., in Denver as part of their first
tour since 2016. Joining Angelakos in the Passion Pit live band will be Chris Hartz, Aaron Harrison Folb and Giuliano Pizzulo, and opener courtship. To score tickets, visit www.ogdentheatre.com. Music for a good cause at Good Shepherd Centennial’s Good Shepherd Episcopal Church, 8545 E. Dry Creek Road, is looking to start 2018 off by hosting quality concerts that benefit good causes with its third Music with a Mission Concert Series. The series is made up of five free concerts, which raise money for different causes. In its first two seasons, the series has generated over $20,000 for both local, national and international mission organizations. There are three performances left in the series — the Forte Handbell Quar-
tet, at 7 p.m. on Friday, Jan. 19, to benefit Covenant Cupboard Food Pantry; the Hummin’birds bluegrass group at 7 p.m. on Friday, Feb. 16, to benefit Heifer International; and Juice O’ The Barley, playing Irish pub music, at 7 p.m. on Friday, March 23, to benefit the National Alliance on Mental Illness (NAMI). Based in Colorado Springs, Forté is a nationally recognized handbell quartet that performs a blend of Celtic, techno, pop-country, classical, and new age. For more information, visit www. gshep.org. Clarke Reader’s column on culture appears on a weekly basis. A community editor with Colorado Community Media, he can be reached creader@ coloradocommunitymedia.com.
WHO IS BAYARD RUSTIN?
FROM PAGE 14
Last May Harmony performed a piece called, “Tyler’s Suite,” about a young man, Tyler Clemente, who died by suicide after being cyber-bullied. The community reaction from those performances is what led Loper to the Bayard Rustin piece. “What ‘Tyler’s Suite’ really brought for me as artistic director was when we do things that are more missionbased, that have a purpose and that give us a reason to be, the possibilities are limitless,” Loper said. “The Bayard Rustin piece is hands down the best thing we’ve ever done. I am so proud to be a part of it. It’s reaching people, it’s telling a story and it’s informing people. “And its going to be very entertaining.” The Harmony Chorale will be joined by Arvada resident and awardwinning R&B singer Hazel Miller and her band. Miller will act as a narrator and a soloist in the Colorado performances. “The music in this is moving, it’s inspirational,” Miller said. “The information given is priceless and I’m very proud to be part of this.” Miller loves the music so much that she has decided to learn all the music and sing alto with the choir throughout the whole performance.
Bayard Rustin was a Quaker, conscientious objector, openly gay, civil rights activist and the organizer of Martin Luther King Jr.’s 1963 March on Washington and co-organizer of the Southern Christian Leadership Conference. An organizer of the first Freedom Rides protesting racial segregation in the south, Rustin was arrested for sitting in the whites only section of a bus 12 years before Rosa Parks made headlines. He was sentenced to work on a chain gang. Upon his release, Rustin’s five-part series for the New York Post titled “22 days on a chain gang” described the brutal details of his imprisonment and ultimately led to the abolition of the chain gang in North Carolina. In 2013, President Barack Obama bestowed Rustin a posthumous Presidential Medal of Freedom. Mark Boykins, currently the Director of Music at the Peoples Presbyterian Church, will join Miller as a storyteller. The performance will be rounded out by 55 young voices from the Arvada High School Chorale. This makes the age-range of voices span 70 years. “I’m flattered and thrilled that he invited us” said John Miller, choir director and teacher at Arvada High School. “Educationally, there’s layers and layers of things they’re going to get from this. To see a program like this with a living composer that can come in and meet with them ... that
John Denver Tribute Benefit Concert
The John Adams Band & the photography of John Fielder
More than 50 students from Arvada High School will be joining the Harmony Chorale for the production of “Bayard Rustin: The Man Behind the Dream.” SHANNA FORTIER almost never happens. It’s very inspiring.” The dynamics that Steve Milloy brings to rehearsal are something that Arvada High senior Haley Stimack appreciates. “I feel a lot of the message when Mr. Milloy is conducted us,” Stimack said. “You can feel how passionate he is about it.” Milloy said not only is his piece musical and informative, but it’s a
message that is needed in society right now. “This piece is really about nonviolent resistance in a time when we really truly need it,” Milloy said. “People need to stand up and be counted and we also need to come together and to talk. I’m hoping that this piece along with many other things starts spurring that conversation about understanding and a peaceful resolve.”
PUBLIC ONLINE AUCTION Diamond & Other Jewelry, Ski Junction Ski/Snowboard Apparel, Coins, Tools & More Staggered Bidding Ends, January 20th 10:00 AM
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16 The Independent - The Herald
January 18, 2018J
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rofessional wind players and percussionists from the United States Air Force Academy Band, who represent the nation’s finest music schools, SONYA’S will perform a free SAMPLER concert at 7:30 p.m. on Jan. 25 at Littleton United Methodist Church, 5894 S. Datura St., Littleton. These virtuoso musicians will perform as soloists and in various chamber groups, presenting music by Mozart, Sonya Ellingboe Messiaen, Ponchelli and Gounod. The concert is jointly sponsored by the U.S. Air Force and patrons of LUMC Fine Arts Series in celebration of the 25th year of the series. 303-7946379. Literary journal For more than 50 years, Arapahoe Community College students and instructors have produced the annual “Progenitor,” a literary/art magazine of works by students, former students and others each spring. Students who want to be involved enroll in English 231 and learn how to edit, format and design a quality piece, which goes out to students, faculty and community. The 2017 edition just received acclaim as “Most Outstanding Community College Literary-Art Magazine for 2017” from the American Scholastic Press Association, with Special Merit accolades. It also received a Magazine Pacemaker Finalist Award from the Associated Collegiate Press. It will be accepting entries for the 2018 edition until Feb. 15. Contact Andrea Mason, progenitor@arapahoe.edu or writersstudio@arapahoe.edu. Art Encounters Entries for the 2018-2019 Art Encounters outdoor sculpture program in Douglas County are accepted through Feb. 9 on the Call For Entry website, callforentry.org. Visit Art Encounters’
site online for details. Selected pieces will be displayed in Highlands Ranch, Castle Rock, Parker, Lone Tree and Roxborough. There is a stipend and two awards.
South Suburban art exhibits During January, artists will exhibit work in these South Suburban Parks and Recreation District rec centers: Roseanne Jurgens of Centennial exhibits photographs, “The Gritty and the Pretty,” juxtaposing landscapes and images of weight room equipment and vehicles, at Buck Recreation Center. The Paint Box Guild of Littleton will display paintings at Lone Tree Recreaton Center. Cecil Jacobson of Littleton exhibits wood carvings at Goodson Recreation Center. Dick Gallagher of Lakewood has paintings, “Inked Car Art,” at Lone F Tree Golf Club and Hotel through March 31.
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Art festival Lia Hanchett, ThunderRidge High School senior, is organizing an art festival, as her senior project, to raise money for expansion of the art program at Ranchview Middle School, where she says, due to limited choir and orchestra programs, students can’t compete in state contests. The festival will be at ThunderRidge High School, 1991 W. Wildcat Reserve Parkway, Highlands Ranch, from 6-8 p.m. Jan. 31, and will feature musicians, artists, photographers and more from Ranchview and ThunderRidge at a kid-friendly festival. Admission: $5 individual; $10 family. All proceeds will go to Ranchview’s art program. S.E. Ellis Author S.E. Ellis, who has published a YA novel, “Hestia, the Dreamwalker,” spoke to fourth-grade students at Centennial School of the Arts on Jan. 12. She highlighted the perseverance necessary to become a writer. (Write, even if you don’t feel like it!) SEE SAMPLER, P17
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The Independent - The Herald 17
January 18, 2018
SAMPLER
FROM PAGE 16
And she spoke about the logistics of publishing. Her book tells of a newly orphaned 14-year-old who used her dreamwalking skills to rescue a kidnapped younger brother from nefarious forces. Her book is available at Amazon and Spirit Wise, 6590 S. Broadway, Littleton. Cowboy poets The 29th Annual Colorado Cowboy Poetry Gathering will be held at the American Mountaineering Center in Golden, 710 10th St. Jan. 18 through 21. Three evening performances, two full days of family activities and a lineup of performers. Tickets available, coloradocowboygathering.com. Chamber music “Winter Winds With CSO Winds” will feature Julie Thornton, flute; Michael Thornton, horn; Ian Wisekal, oboe; Tristan Rennie, bassoon; Jacob
SM
Shafer, clarinet; and Margaret McDonald, piano at 2 p.m. Jan. 20 in Hampden Hall, Englewood Civic Center, 1000 Englewood Parkway, Englewood. Tickets: $20/$15, free under 18. Englewoodarts.org. Parker author Michelle Crystal of Parker has just published her first novel, “Lavender Blue,” which she says is set in Colorado, in times past and present. Copies are available: michelle@readmichellecrystal.com. Curtis Center for the Arts “Open Space-Finite Frontier” is exhibited through Feb. 28 at Curtis Center for the Arts, 2349 E. Orchard Road, Greenwood Village. Curator Robin Whatley, Art Students League Program Coordinator, will speak from 1-3 p.m. on Jan. 27. The American West is interpreted many ways. Admission free. Hours: Monday-Friday 8:30 a.m. to 4:30 p.m.; Saturday 10 a.m. to 4 p.m. Check here about art classes. 303-7971779, greenwood village.com/art.
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Boulevard, consider that the Apostolic Church at 379 was once Winchell’s Donut House and the building at 609, occupied by Doctors Care, was once Dawson and Co. Realty. A block south is Academy Appliance, 5787 S. Foresthill St., once occupied by Reg and Sally Besette’s Western Empire Realty. He was a city councilman and she was instrumental in the civil rights efforts of the Littleton Council on Human Relations to encourage people of color to live in Littleton. Notable: At 5782 S. Gallup St. is the Gallup Building, designed by prominent architect Eugene Sternberg. Note window details and fancy masonry. At 1150 W. Littleton Blvd. is the Francam Building, designed by Rene Chouzenoux for his offices. He lived in a lovely home he designed in Aberdeen
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FROM PAGE 9
M
MODERN
Village and was involved in developing Normandy Estates south of Coal Mine Road. Two especially fine buildings are Littleton Savings and Loan at 1449 W. Littleton Blvd., designed by Joe and Louise Marlow, with its decorative metal sunscreen by sculptor Robert Probst, and the Marlows’ Title Guarantee Co. at 2000 W. Littleton Blvd., with a colorful tile mural- now, appropriately, the office for an architectural firm. At 2609 W. Littleton Blvd. is Sternberg’s Courthouse Building with its accordion roof, now an office building, and at 5800-04 S. Datura St. is the Arapahoe County Bank, designed by Earl Chester Morris, who also designed many of Littleton’s early schools, including Littleton High School. Tomasso and Paglia are hoping that readers who are longtime residents may have information, photos, newspaper clippings, ads or other memorabilia related to Littleton Boulevard’s history.
C o m m u nit
y
18 The Independent - The Herald
January 18, 2018J
CHATFIELD FROM PAGE 10
needs impractical given the relative cost and logistical difficulty. Audubon’s appeal, filed in court on Jan. 8, argues that the court erred in its findings on alleged Clean Water Act violations related to the disposal of soil slated to be dredged from areas in which recreation facilities will be relocated around the reservoir. The appeal also argues that Audubon Society, which hosts a variety
MILESTONES FROM PAGE 11
Gabriela Gonzales, of Englewood, was named to the fall 2017 dean’s list at Belmont University. Margaret MacDonald, of Englewood, graduated in December from
of nature programs around the lake, will be irreparably harmed by the rise in water levels, as removal of vegetation will make their activities difficult. “The loss of habitat that will occur should the underbrush and vegetation be removed cannot be adequately replaced,” reads Audubon’s appeal in part. “As a result, Denver Audubon members will no longer be able to bird or peacefully enjoy the serenity of the Park, and the organization will no longer be able to fulfill its mission ‘to connect people with nature through conservation, education, and research.’”
the University of Kansas with a master’s degree in business administration. Kyle Robideau, of Englewood, was named to the fall 2017 dean’s list at Chadron State College. Joseph Wolfe, of Englewood, was named to the fall 2017 dean’s list at Columbia College, Denver campus.
Local Focus. More News. ColoradoCommunityMedia ColoradoCommunityMedia.com
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20 The Independent - The Herald
THINGS to DO
THEATER
Matthew Brandt Show: 7-8 p.m. Friday, Jan. 19 at Recreation Center at Southridge, 4800 McArthur Ranch Road, Highlands Ranch. Go to http://www.hrcaonline. org/events. Classic magic and contemporary showpieces. `Fool Us’ Winner Stuart MacDonald Show: 7:30 p.m. Friday, Jan. 19 and Saturday, Jan. 20 at Theatre of Dreams, 735 Park St., Castle Rock. Call 303-660-6799 or go to http://Tickets.AmazingShows.com. “Fool Us” is a TV magic competition in which magicians perform in front of magician-comedian duo Penn & Teller. If Penn & Teller cannot figure out how a trick is done, the magician wins a five-star trip to Las Vegas to perform as the opening act in the duo’s famous show. David Taylor Zikr Dance Ensemble Auditions: 1 p.m. Sunday, Jan. 21 at Denver Ballet Theatre and Centerstage Starz studios, 8150 S. University Blvd., Suite 120, Centennial For ages 16 and older. Five-week course runs from May 14 to June 17. Go to www. zikrdance.com.
ART/CRAFTS
`Intersecting Formations’ Opening Reception: 6-9 p.m. Friday, Jan. 19 at Museum of Outdoor Arts, 1000 Englewood Parkway, Englewood. Exhibit on display through March 30; features 12 collaborations with painter Craig Marshall Smith. Go to http:// moaonline.org/intersectingformations/ Teen Maker Night: Doctor Who: 5-6 p.m. Friday, Jan. 19 at Castlewood Library, 6739 S. Uinta St., Centennial. Teens: Join us to hang out, relax and get creative in the Makerspace. January’s theme is Dr. Who. Save your spot at arapahoelibraries.org. Stories and Art Project with Boulder Museum of Contemporary Art: 10-11 a.m. Saturday, Jan. 20 at Southglenn Library, 6972 S. Vine St., Centennial. Kids: It’s time to cultivate your inner Picasso with our friends from the Boulder Museum of Contemporary Art. Join us for a story and create a literature based project. Save your spot at arapahoelibraries. org. Build a Catapult Challenge: 2-3 p.m. Saturday, Jan. 20 at Koelbel Library, 5955 S. Holly St., Centennial. Teens: Do you have what it takes to storm the castle? Construct a catapult from scratch using everyday objects. Then, test
January 18, 2018J
this week’s TOP FIVE Art of Downsizing and Decluttering: 10 a.m. Saturday, Jan. 20 at the Lone Tree Library, 10055 Library Way. Learn creative ways to view your treasures and part with them. Adults. Registration is required at 303-791-7323 or DCL.org.
Holly St., Centennial. Parents and caregivers of little ones: Colleen Bredell, a local licensed professional counselor who specializes in children and family therapy, will empower parents with practical how-to strategies to better manage challenging behaviors, deliver positive yet effective discipline, set reasonable expectations and much more. Save your spot at arapahoelibraries.org.
Craft Lab: Journal Making: 1:30 p.m. Sunday, Jan. 21 at the Parker Library, 20105 E. Mainstreet. All ages. Registration required. Call 303-791-7323 or go to DCL.org. Rikki-Tikki-Tavi: 7-8:30 p.m. Thursday, Jan. 25 at Cherry Hills Community Church, 3900 Grace Blvd., Highlands Ranch. Original ballet Ariel show based on the short story in Rudyard Kipling’s “Jungle Book.” Highlands Ranch Cultural Association winter cultural series. Call 303-471-8859 or go to www.HRCAonline.org/tickets for tickets. Strategies for Positive Parenting: 7-8:30 p.m. Thursday, Jan. 25 at Koelbel Library, 5955 S. it out against the competition. Save your spot at arapahoelibraries.org.
MUSIC
Native American Flute Performance: 1:30-2:30 p.m. Friday, Jan. 19 at Koelbel Library, 5955 S. Holly St., Centennial. Relax the senses with the soothing sounds of the Native American flute. Renowned musician and storyteller Eric Many Winds Herrera can’t wait to share the beauty of Native American culture through his live musical performance and stories. Save your spot at arapahoelibraries.org. Music with a Mission Concert: Forte Handbell Quartet: 7 p.m. Friday, Jan. 19 at Good Shepherd Episcopal Church, 8545 E. Dry Creek Road, Centennial. Nationally recognized, advanced handbell quartet marked by artistry, energy, and dedication to their craft. Will perform a wide variety of musical styles. Free admission. A “love offering” will be collected for Covenant Cupboard Food Pantry. Piano Recital by Jooeun Pak: 2 p.m. Sunday, Jan. 21 at St. Andrew United Methodist Church, 9203 S. University Blvd., Highlands Ranch. Jooeun will play selections by Chopin, Giastera, Hayden and
Wind Masterworks: 7:30 p.m. Friday, Jan. 26 at Littleton United Methodist Church, 5894 S. Datura St., Littleton. Professional wind players and percussionists from the U.S. Air Force Academy Band perform.
Vine. All welcome.
FILM/MOVIES
Movie Matinee: `Dunkirk’: 2 p.m. Saturday, Jan. 20 at Bemis Public Library, 6014 S. Datura St., Littleton. Centered on the Dunkirk evacuation of World War II, Allied soldiers from Belgium, Britain, and France are trapped and surrounded by the German Army. The troops must fight a fierce battle to evacuate and survive. Enjoy free popcorn and lemonade at the film. Lifetree Café Discussion Group: 5-6 p.m. Monday, Jan. 22 (News from the Future: A Futurest Gives a Sneak Peek); Jan. 29 (Friends for Life: 10 Buddies. 38 Years, One Weekend a Year) at DAZBOG, 202 Wilcox St., Castle Rock. Call 303814-0142. Go to LifetreeCafe.com. Rear Window Screening: 6-8 p.m. Wednesday, Jan. 24 at Koelbel Library, 5955 S. Holly St., Centennial. If you are a fan of classic movies or inspired by A.J. Finn’s novel, The Woman in the Window, join us to watch Rear Window. Save your spot at arapahoelibraries.org.
FOOD/COOKING
A Taste of Tea: 7 p.m. Thursday, Jan. 25 at the Parker Library, 20105 E. Mainstreet. Sip and sample a variety of teas from English Tealeaves. For adults. Registration required. Call 303791-7323 or go to DCL.org.
READING/WRITING
Wednesday Book Buzz Book Club: 12:30-2 p.m. Wednesday, Jan. 24 at Englewood Library, 1000 Englewood Parkway. Read “The Cuckoo’s Calling” by Robert Galbraith [mystery]. Call 303762-2560.
EVENTS
Rebuilding When Your Relationship Ends Seminar: 6:30-8:30 p.m. Thursday, Jan. 18 and Jan. 25 at St. Andrew United Methodist Church, 9203 S. University Blvd., Highlands Ranch. 10-week seminar promotes healing for those who are going through a divorce, or the ending of a love relationship. After Jan. 25, class is closed to new participants. Offers education, support, and optional social activities. Complimentary child care provided with prior registration. Contact Beth Walker at 720-352-9915 or bethdwalker@ gmail.com for information and to register. Open Play: 10 a.m. to 4 p.m. Saturday, Jan. 20 at Englewood Library, 1000 Englewood Parkway. Call 303-7622560. Country Line Dancing: 6 p.m. Saturday, Jan. 20 at the Lone Tree Library, 10055 Library Way. Learn to line dance from a professional instructor. Refreshments provided. All ages. Registration is required at 303791-7323 or DCL.org.
Intro to Nonviolent Communication: 1-4 p.m. Saturday, Jan. 20 at Englewood Library, 1000 Englewood Parkway. Based on the Non-Violent Communication work of Marshall Rosenberg; helps transform patterns of communication that often lead to conflict or disconnection. Join for this free introductory class and discover the many ways compassionate communication can transform your life. Call 303-762-2560.
Global Warming: Should you be Concerned: 2 p.m. Monday, Jan. 22 at Bemis Public Library, 6014 S. Datura St., Littleton. Local physicist William Koch leads discussion. Call 303-795-3961.
HEALTH
Paragon Fitness Open House: 9:30-11:30 a.m. Saturday, Jan. 20 at 5894 S. Zang St., Littleton. Meet the staff, try out the equipment and see what group classes are available. Healthy snacks and drinks provided. Contact soltera. events@n2publishing.com to RSVP. Diabetes, Pre-diabetes and Insulin Resistance: 11 a.m. to noon Monday, Jan. 22 at the South Denver Heart Center, 1000 SouthPark Drive, Littleton. Presented by Susan Weitkunat, RD, CDE. Learn the ins and outs of diabetes and how to control blood sugar. Call 303-744-1065 or go to www. southdenver.com for information and to register. Class is free. Sitting is the New Smoking: 11:30 a.m. to 12:30 p.m. Wednesday, Jan. 24 at the South Denver Heart Center, 1000 SouthPark Drive, Littleton. Presented by Susan Buckley, RD, CDE. Call 303-7441065 or go to www.southdenver. com for information and to register. Class is free.
EDUCATION
Get Ready for High School Equivalency: 6 p.m. Tuesday, Jan. 23 at the Philip S. Miller Library, 100 S. Wilcox St., Castle Rock. Instruction, assessment and practice for those preparing to take high school equivalency exams. For ages 17plus. Registration is required. Call 303-791-7323 or go to DCL.org. Editor’s note: Calendar submissions must be received by noon Wednesday for publication the following week. Send listings to calendar@coloradocommunitymedia.com. No attachments, please. Listings are free and run on a space-available basis.
The Independent - The Herald 21
January 18, 2018
HOW TO MAKE A DIFFERENCE Send volunteer opportunities to hharden@ coloradocommunitymedia.com 18th Judicial District Attorney’s Office Domestic Violence Program: Provides information and support to crime victims. Need: Victim advocates interact with and support victims of domestic violence. They also provide resource referrals and explain processes to victims. Requirements: 20 hours of training required; volunteers must commit to one morning a week at the justice center in Castle Rock. Contact: Mel Secrease, 720-733-4552 or msecrease@da.18.state.co.us. AARP Foundation Tax-Aide: Offers free tax filing help to anyone, especially those 50 and older, who cannot afford a tax preparation service. Need: Volunteers to help older, lower-in-
“Limitless Infinity,” a piece by Grace Noel, is on display at the Englewood Public Library. Noel, a local artist with a studio space in Denver, is the first artist to be featured in the Englewood library’s Art @ the Library program, which showcases work by artists in the area. PHOTOS BY ELLIS ARNOLD
ARTIST FROM PAGE 1
“It’s just more appreciation for the moment and what we all have in the moment,” Noel said. “My artwork’s all about how cool it is to be alive on planet Earth.” Noel, who grew up in Boulder, attended Oregon State University and came up in the art scene there, returned to Colorado at the Denver Art Society, where she’s been a member for about five years. There are more than 20 studios in its building, which sits in an arts district that has had to battle recent rent increases. It’s a “very cooperative, very encouraging community — super friendly, geared toward inclusivity,” said Noel, adding that many artists are figuring out how to stick it out in the current financial straits. Michelle Brandstetter, adult-services librarian at Englewood Public Library, said the Denver Art Society was among the first places she contacted in her search for artists to feature. “They have some really talented artists there,” Brandstetter said.
More of Grace Noel’s artwork is on display in showcases at the Englewood Public Library. Noel’s work will be on display for several weeks.
Alzheimer’s Association, Colorado Chapter: Provides care and support to 67,000plus families dealing with all kinds of dementing illnesses. Need: Walk to End Alzheimer’s committee members. Requirements: Individuals who love to help plan and execute Walk to End Alzheimer’s. Contact: Deb Wells, 303-813-1669 or dwells@alz.org. SEE VOLUNTEERS, P40
Residents asked to vote on light fixture design STAFF REPORT
The Englewood library’s new program showcases local artists and starts each exhibit with a meet-andgreet reception with the featured artist. The library partners with local restaurants to provide free food for those events and provide them some exposure, too. Brandstetter came up with the idea for the program. “We already have artists scheduled until November,” Brandstetter said. Exhibits will usually last six to seven weeks, she said. In the separate, already established annual Student Art Show, students from the public Englewood Schools district will have their art featured at the library from late March to mid-April. For the new program, artists from Englewood, the Denver area and Lakewood are among those scheduled so far, Brandstetter said. Noel’s exhibit lasts until March 15, Noel said. To check out her art elsewhere, visit the Aloft Denver Downtown hotel on 15th and Stout streets — that exhibit continues through March 31 — or see her one-night exhibit at The Church nightclub at 1160 N. Lincoln St. on Feb. 1.
come taxpayers prepare their tax returns. Requirement: All levels of experience are welcome; training and support provided. Contact: 1-888-OUR-AARP (687-2277) or www.aarpfoundation.org/taxaide
Pedestrian light fixture upgrades are part of planned streetscape improvements in the 3400 block of South Broadway in Englewood Englewood is deciding between two styles and is asking for residents to vote for their favorite. The two styles are on display near 3435
S. Broadway, and ballot cards are available in the Englewood Grand and The BOB. A photo of the poles and voting also may be found online at http:// www.englewoodco.gov/government/ city-departments/public-works/sbroadway-pedestrian-light-fixtureproject. Voting is open through Feb. 2.
22 The Independent - The Herald
LOCAL
January 18, 2018J
SPORTS
Twins are powerhouse basketball performers
I’LL TAKE TWO
S Littleton senior Jason Levy puts up a jump shot during the Jan. 10 game against Evergreen. The shot was good, putting two points on the board, as the senior led the Lions in scoring with 23 points, which included hitting eight of 11 field goals. The effort topped Levy’s season average of scoring 15.9 points per game. Evergreen built an early lead and the Lions went on scoring runs, but they were not able to close the gap as the Cougars won the game, 77-59. PHOTO BY TOM MUNDS
BY THE NUMBERS
28
Field goals made on 49 attempts for a 57 percent shooting percentage in the Littleton boys’ 75-41 basketball win over Green Mountain on Jan. 13.
7
Consecutive dual meet victories for the Arapahoe girls swimming team.
2
9
7
Wins as the EngleAssists for Cherry Creek’s Straight wins for the Heriwood boys and girls Jana Van Gytenbeek in tage hockey team after a basketball teams the 65-39 girls basket- 3-1 win over Resurrection swept Bruce Randolph ball victory over ThunChristian on Jan. 13. on Jan. 11 and 12. derRidge on Jan. 13.
Standout Performers Jason Levy, Littleton The senior led the team with 23 points in a 77-59 loss to Evergreen on Jan. 10.
Jaela Richardson, Cherry Creek The 6-foot senior tallied a seasonhigh 23 points in the 77-46 girls basketball win over Mullen on Jan. 10.
Sebastian Cole, Cherry Creek
Delaney Smith, Arapahoe
The sophomore point guard hit six of seven 3-pointers and had 25 points in the 77-76 overtime win over Mullen on Jan. 10.
The senior won the 50 freestyle, 100 butterfly and swam on the winning 200 free relay team in the girls swimming 138-48 dual meet win over Cherokee Trail on Jan. 11.
Cole Trautman, Heritage
Wayne Coyne, Heritage
The goal by the sophomore center at 5:40 of the third period was the game winner in a 3-1 hockey win over Resurrection Christian on Jan. 11.
The senior had 17 points and 13 rebounds in a 57-33 girls basketball win over Gateway on Jan. 10.
Colorado Community Media selects six athletes from area high schools each week as “Standout Performers.” Preference is given to athletes making their debut on the list. To nominate an athlete, contact Jim Benton by noon on Sunday at jbenton@coloradocommunitymedia.com
tandley Lake seniors Garrett and Savannah Martin have been double trouble for Jefferson County 4A basketball opponents this season. The Martins are fraternal twins and like most siblings are very competitive. Some of the first evidence of their OVERTIME competitiveness was evident when they played T-ball as 4-year-olds. Savannah is very quick to point out that she is minutes older than her brother and came out first. Jim Benton Their parents, Heather and Billy, have been able to see every game for both twins this season, either watching live in person or on video because they were attending the game of the other sibling. Now that the Jeffco 4A season has started, boys and girls basketball games are played at different venues. They split attending weekday games and then go the watch the offspring they didn’t see for the weekend contests. “Weekend game were fabulous in the off-season, there were doubleheaders,” said Heather. Both Martins rank among the Jeffco leaders. Garrett, a 6-3 forward, is third in the league with a 19.8 scoring average. He is second with 9.2 rebounds a game and second in double doubles with six. “Garrett is having a great year on the court playing as well as leading this team of young athletes. He is an absolute pleasure to coach and gives everything he has when on the floor,” said Ted Allen, head boys basketball coach at Standley Lake. Garrett hit .490 last baseball season as a middle infielder and is planning to attend McLennan Community College in Waco, Texas, with hopes of landing a Division I offer and follow in the footsteps of his dad. No, we are not talking about that Billy Martin who played and managed the Yankees. Garrett’s father was a four-year standout at the University of Texas at Arlington and played professional SEE BENTON, P24
The Independent - The Herald 23
January 18, 2018
Putting passion into practice
Preparation is key for coach with most wins in Colorado high school girls basketball history BY JIM BENTON JBENTON@COLORDOCOMMUNITYMEDIA.COM
There were no sports for girls at the middle school Caryn Jarocki attended in the Chicago area, so she kept the scorebook for the boys. That didn’t sit well with Jarocki. “That made me angry because I was good and could play,” said Jarocki, 56. “I got into high school and they had basketball. I always loved playing and I always wanted to coach it. I love giving my kids my love for the game.” Jarocki’s passion for the game has translated into the most victories of any girls basketball coach in Colorado history. Last month, she won her 600th game. Jarocki, 56, played three years at the University of Denver and coached for 11 seasons at Colorado Academy in Denver. She has been the head coach for the past 20 seasons at Highlands Ranch High School and her teams have won seven state championships, most recently in 2011. Her first state title was in 2000. “She has built a tradition and a program there that just feeds off itself and is so solid,” said Bruce Wright, the former Highlands Ranch athletic director. “It is geared toward helping kids to be their best. It continues to build off itself.” In her 32nd season as a head coach, Jarocki has compiled 607 victories in games through Jan. 13 and never has had a losing season as a head coach. She has averaged 19.5 wins a season. At Highlands Ranch she has won 20.3 games a season going into the current campaign and the Falcons have averaged 22.3 victories in the past 11 seasons. “Teams are different and players are different,” Jarocki said. “You have to find what each team is good at and put the pieces together. I’ve gotten better at that over the years. “My favorite part of the day is going to practice ... It is a privilege.”
Talking about practice At practice, Jarocki demands that her players concentrate on details and work hard on defense. “She wants us to have that intensity and always play tough. That’s what she stresses the most,” said senior
Highlands Ranch coach Caryn Jarocki has compiled more wins than any girls basketball coach in state history.
ATOP THE LIST Colorado girls high school basketball coaches with the most victories: • Caryn Jarocki, Highlands Ranch/Colorado Academy: *607 • Bill Bradley, ThunderRidge/Monarch: 465 • John Mraule, Montrose: 462 • Mike Croell, Broomfield: 457 • Gail Hook, Monarch/Centaurus: 432 *Through games of Jan. 13. guard Tommi Olson. Jarocki, a physical eduation teacher at the school, never loses her focus, or intensity. “I’m actually more mellow than I used to be,” Jarocki said. “Defense is the place where we can improve the most. I don’t have the longest patience span with that. “Hard work, paying attention to details and great kids that are willing to listen to you are the reason for the wins. The players are the ones playing.” Jarocki has more interaction with players during practice than in games. Assistant coach Traci Nemechek coached against Jarocki when she was the head coach at Dakota Ridge and is often the first to talk to players when they exit the court for a substitution. “I will tell you in practice it looks the opposite,” Nemechek said. “The assistants are after the players and she is so teacher-mode. When it’s game time, she is into it. We try to balance each other.” High standards One thing is obvious: The Falcons are well-prepared. “Caryn always had her team prepared to play,” said former ThunderRidge and Monarch coach Bill Bradley, who is now coaching in Georgia. “The kids knew what they were doing and knew what they were supposed to be doing.”
PHOTOS BY JIM BENTON
FORMER PLAYERS REFLECT ON ‘COACH J’ Blaire Braxton, 2016 Highlands Ranch graduate, sophomore at Montana State “I think that part of what continually keeps coach Jarocki at the top is the standard that she holds for her program. This program that she created not only builds better basketball players, but better young women as well.” Lindsay Mallon, 2011 Highlands Ranch graduate who played at Northern Colorado “Players know what is expected of them if they want to play for Coach J on varsity, so there is a lot of preparation in middle and early high school to reach the level needed to be one of her players ... Coach J values Regis Jesuit coach Carl Mattei faces Jarocki in meaningful Continental League games each season. “She sets her standards very high,” he said. “Once she won that first state championship, and achieving that success, she has been able to have every class after that play at a very
the little details that separate her from the rest of the coaches and demands that of her players.” Bri Stiers, 2016 Highlands Ranch graduate, sophomore at the University of Missouri-Kansas City “I remember during my senior year, I would just go have lunch with her and just talk about basketball or life or anything that was weighing on my heart, and she always seemed to know how to say the right thing. She was so much more than just another coach to me — she was my main coach and my mentor ... Every single win she has under her belt (has been) well fought for and well deserved. I’m proud to call her my coach.” high level. It is a credit to her ability to lead.” Jarocki, Mattei and many high school girls mentors coach on club teams during the summer. Jarocki formed the Colorado Basketball Club SEE PASSION, P24
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24 The Independent - The Herald
January 18, 2018J
PASSION FROM PAGE 23
eight years ago. Several CBC players are on the current Highlands Ranch High team. “I wanted to see my kids achieve certain things in the summer, and it wasn’t happening,” Jarocki said. “It started to become clear it would be much more favorable for my kids to play together.”
‘Coach J’ Jarocki is often referred to as “Coach J,” and many former players are appreciative of having had a chance to play for a coach who reached the 600-win milestone in a Dec. 7 win over Arapahoe. “Coach Jarocki demands a level of respect that not a lot of coaches can gain,” Montana State sophomore Blaire Braxton said. “A lot of coaches have one way of trying to get players to respond, but Coach J creates relationships that allow her to connect with each player individually.
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“I am forever grateful for the lessons that she has taught me as I will take them with me the rest of my life.” Lindsay Mallon, a 2011 Highlands Ranch graduate who played at Northern Colorado, said practices were harder than games. “Coach J held us very accountable to never take a play off and play hard,” she said. “We didn’t want to let each other or Coach J down and would hold each other accountable during practice, (which) led to success in games.” Nemechek says Jarocki’s connection
BENTON
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FROM PAGE 22
baseball in the Mets, Diamondbacks and Nationals organizations. He was a three-time minor league All-Star. Savannah is 5-9 forward who is uncertain on which college she will attend. She is fourth in Jeffco scoring with a 15.8 but leads in rebounding and blocks with averages of 13.3 and 27 blocks. She leads the state’s 4A players with 11 double doubles. “She has played at an elite level this year,” said Gators’ girls coach Lee Gibson. “She’s scoring, rebounding and doing all the other things for us. She’s also been a leader for us, keeping everybody positive. The best thing you can say about Savannah is she has all the talent and uses every time she steps on the floor.”
with her players is distinct. “Probably the biggest thing besides her ability to coach and win games is she cares about kids,” Nemechek said. “A lot of people don’t see that because they see the wins, but there is so much more that happens in practice.” This season’s Highlands Ranch team is 11-3 and ranked second in the CHSAANow.com Class 5A poll as Jarocki continues to rack up victories. “The students and all the great players I’ve had make this fun,” Jarocki said. “I am very grateful to them.”
Hot stove season I don’t know if there is a hot stove league for high school football. The term hot stove is for baseball’s off-season where baseball fans used to sit around a hot stove in the winter to discuss moves, changes and hopes for their favorite teams. Well, there are several area high schools looking for new head football coaches and Thornton has hired one. Nick Trombetta, who led Denver North to a 7-3 record last season, has been named head coach at Thornton, where he used to be an assistant coach. Athletic directors and administrators at Arapahoe, Englewood, Faith Christian, Highlands Ranch and Valor Christian are still scanning resumes to find people to take over the reins of their football programs. Jim Benton is a sports writer for Colorado Community Media. He has been covering sports in the Denver area since 1968. He can be reached at jbenton@coloradocommunitymedia.com
To advertise your place of worship in this section, call Karen at 303-566-4091 or email Serving the southeast Denver kearhart@ColoradoCommunityMedia.com area Greenwood Village Castle Rock/Franktown
Castle Rock/Franktown
First United Methodist Church 1200 South Street Castle Rock, CO 80104 303.688.3047 www.fumccr.org
Services: Sunday Worship 4825 N. Crowfoot Valley Road Castle Rock, CO. 80108 303-663-5751 www.CanyonsCC.org
Sunday Services: 9:30am – Traditional
9:00am & 10:45am
9:00am - Sunday School
11:00am – Modern Traditional
Little Blessings Parents Day Out www.littleblessingspdo.com
(Nursery & Sunday School offered during 11am service)
Trinity Lutheran Church & School
Sunday Worship 8:00 & 10:45 a.m. Sunday School Bible Study 9:30am Trinity Lutheran School & ELC (Ages 3-5, Grades K-8)
303-841-4660 www.tlcas.org
Parker
Centennial St. Thomas More
Sunday Services - 10 a.m.
Catholic Parish & School
Seven Sunday Masses Two Daily Masses Confessions Six Days a Week STM Catholic School Preschool – Grade 8
8035 South Quebec Street Centennial, CO 80112 303.770.1155
www.stthomasmore.org
Congregation Beth Shalom
Cimarron Middle School 12130 Canterberry Parkway Parker, CO 80138 www.CSLParker.org
Serving the Southeast Denver area
Call or check our website for information on services and social events! www.cbsdenver.org
303-794-6643
Highlands Ranch Pine Lane Elementary South 6475 E Ponderosa Dr. Parker, CO 80138 303-941-0668
The Independent - The Herald 25
January 18, 2018
On campus: Arapahoe • Franny Cable is listed by the website prepswimco.com as the top 5A diver in state with a score of 506.85, and senior Delaney Smith has the second fastest time in the 200 IM with a 2:03.33 clocking. The Warriors are ranked third as a team. • Losing skids are unusual for the boys basketball team, but the Warriors have dropped five straight games. Cherry Creek • Sophomore girls basketball guard Jana Van Gytenbeek has made a verbal commitment to play college basketball at Stanford. She is the state 5A leader with 7.2 assists per game. The Bruins will be seeking to break a five-game losing streak against rival
Grandview in a Jan. 20 Centennial League game. • South Metro Offensive Football Player of the Year Dimitri Stanley is a basketball standout too. The senior hit a layup to send the Jan. 10 game against Mullen into overtime and then made the game-winning layup in the extra session to spark the 77-76 boys basketball win. • The girls swim team is ranked third in the prepswimco.com swim rankings and the 200 IM relay team has the second fastest time recorded this season of 1:46.83. Englewood Boys basketball coach John Nonemacher is establishing a new culture this season, one that includes hard work, defensive emphasis and a new system on offense. Tough work is
News and notes from local high school sports programs
starting to pay off. The Pirates are 2-7 and coming off a win over Bruce Randolph and a narrow 66-65 loss to Weld Central.
Aspen also have 12 points, but the Eagles have a game in hand on both teams. Resurrection Christian is 6-1-0 in the league and Aspen is 5-0-2. Heritage is 11-1-0 overall.
Heritage • The Eagles’ girls swimming team is third in in the Jan. 10 4A prepswimco. com rankings. Kylie Andrews has posted the fastest times in the 50 and 100 freestyle events with times of 23.76 and 51.28 respectively. Heritage is also first in the 200 freestyle relays event with a 1:36.85 clocking. • After a key 3-1 win over Resurrection Christian on Jan. 13, the hockey team is tied for first place in the Peak Conference with 12 points and a 6-0-0 record. Resurrection Christian and
Littleton • The boys basketball team and student council will be selling raffle tickets to win a Maserati for a weekend and a steak dinner at Fleming’s during the Littleton boys basketball game Jan. 19 against D’Evelyn. • Coach Ryan Fletcher’s boys basketball team ended a three-game losing streak with a 75-44 win over Green Mountain on Jan. 13. The Lions are 8-4 overall and 1-3 in the Jeffco 4 league with a tough road ahead with games against Golden and D’Evelyn.
It is your duty (dooty)!
Picking up after your dog goes further than making your neighbors happy. When you are out walking your dog, it is your duty to collect their waste. Often, the trails and parks we enjoy with our dogs are adjacent to creeks and reservoirs. Dog waste that is not collected gets carried away during rainstorms to nearby waterways and can be a significant source of pollution. Unlike one might think, dog waste is not a fertilizer. Rather, it carries harmful bacteria like E. coli, which poses serious health risks if allowed to come in contact with water. Local stormwater agencies are teaming together to bring you this message. We take this so seriously that we posted this ad rather than send you more garbage in the mail. One thing is clear: our creeks, rivers and lakes depend on you.
T H IS ST ORMWATER MESSAGE B R OUGHT TO YOU B Y
Visit onethingisclear.org to: • Report accidental and illegal dumping to your local agency • Search local volunteer events • Find more helpful tips Dog waste is not a fertilizer. Thank you for promptly picking up after your dog to keep our waterways clean. Colorado Community Media agrees: Please recycle this newspaper responsibly and partner with our communities for a better tomorrow. Ad campaign creative donated by the Town of Castle Rock Utilities Department, Stormwater Division.
26 The Independent - The Herald
January 18, 2018J
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The Independent - The Herald 27
8January 18, 2018
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28 The Independent - The Herald
January 18, 2018J
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8January 18, 2018
LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
$143,371.81
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 02/28/2018, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.
Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.
Public Notices Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov
Public Trustees COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0563-2017
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On October 18, 2017, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records.
Original Grantor(s) FIKRET SELIMAGIC Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for SOUTHSTAR FUNDING, LLC Current Holder of Evidence of Debt The Bank of New York Mellon Trust Company, N.A. as successor in interest to all permitted successors and assigns of JPMorgan Chase Bank, N.A. as Trustee for MASTR Adjustable Rate Mortgages Trust 2005-1, Mortgage PassThrough Certificates, Series 2005-1 Date of Deed of Trust November 19, 2004 County of Recording Arapahoe Recording Date of Deed of Trust November 24, 2004 Recording Information (Reception No. and/or Book/Page No.) B4204288 Original Principal Amount $112,800.00 Outstanding Principal Balance $102,806.67
Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
LOTS 35 & 36, BLOCK 1, TAYLOR'S ADDITION, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known by street and number as: 3053 S GALAPAGO ST, ENGLEWOOD, CO 80110.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 02/14/2018, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 12/21/2017 Last Publication: 1/18/2018 Name of Publication: Littleton Independent
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov DATE: 10/18/2017
Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov
Public Trustees
DATE: 10/18/2017 Susan K Ryden, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan K Ryden, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Monica Kadrmas #34904 Randall Chin #31149 Weldon Phillips #31827 Lauren Tew #45041 Nichole Williams #49611 Barrett, Frappier & Weisserman, LLP 1199 Bannock Street, Denver, CO 80204 (303) 350-3711 Attorney File # 00000007026529 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice NO.: 0563-2017 First Publication: 12/21/2017 Last Publication: 1/18/2018 Name of Publication: Littleton Independent COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0584-2017 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On October 27, 2017, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records. Original Grantor(s) TIMOTHY A STEWART Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR STEARNS LENDING, LLC Current Holder of Evidence of Debt STEARNS LENDING, LLC Date of Deed of Trust August 20, 2014 County of Recording Arapahoe Recording Date of Deed of Trust August 21, 2014 Recording Information (Reception No. and/or Book/Page No.) D4077048 Original Principal Amount $189,504.00 Outstanding Principal Balance $180,724.37 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 6, BLOCK 2, SOUTHCREEK SUBDIVISION, FILING NO. 1, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known by street and number as: 7891 SOUTH KALISPELL CIRCLE, ENGLEWOOD, CO 80112. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 02/28/2018, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 1/4/2018 Last Publication: 2/1/2018 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE
Notices
as provided by law and in said Deed of Trust.
First Publication: 1/4/2018 Last Publication: 2/1/2018 Name of Publication: Littleton Independent
Public Trustees
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov DATE: 10/27/2017 Susan K Ryden, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan K Ryden, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Monica Kadrmas #34904 Randall Chin #31149 Weldon Phillips #31827 Lauren Tew #45041 Nichole Williams #49611 Barrett, Frappier & Weisserman, LLP 1199 Bannock Street, Denver, CO 80204 (303) 350-3711 Attorney File # 00000006968960 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice NO.: 0584-2017 First Publication: 1/4/2018 Last Publication: 2/1/2018 Name of Publication: Littleton Independent COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0618-2017 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On November 9, 2017, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records. Original Grantor(s) TERRI A VERMILLION Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for First Magnus Financial Corporation Current Holder of Evidence of Debt Federal National Mortgage Association (“Fannie Mae”), a corporation organized and existing under the laws of the United States of America Date of Deed of Trust September 29, 2006 County of Recording Arapahoe Recording Date of Deed of Trust October 05, 2006 Recording Information (Reception No. and/or Book/Page No.) B6143015 Original Principal Amount $156,500.00 Outstanding Principal Balance $143,371.81 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. PLEASE SEE ATTACHED LEGAL DESCRIPTION Also known by street and number as: 2824 West Centennial Drive C, LITTLETON, CO 80123. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
The Independent - The Herald 29
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. PLEASE SEE ATTACHED LEGAL DESCRIPTION
To advertise your public notices call 303-566-4100
Also known by street and number as: 2824 West Centennial Drive C, LITTLETON, CO 80123.
Public Trustees
Name Changes
NOTICE OF SALE
Public Notice of Petition for Change of Name
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 03/14/2018, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 1/18/2018 Last Publication: 2/15/2018 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov DATE: 11/09/2017 Susan K Ryden, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan K Ryden, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Eve Grina #43658 Jennifer Cruseturner #44452 Holly Shilliday #24423 Courtney Wright #45482 Erin Robson #46557 Jennifer Rogers #34682 McCarthy & Holthus LLP 7700 E Arapahoe Road, Suite 230, Centennial, CO 80112 (877) 369-6122 Attorney File # CO-17-783694-LL The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 0618-2017 LEGAL DESCRIPTION CONDOMINIUM UNIT C, THE STEEPLECHASE III CONDOMINIUMS TOGETHER WITH GARAGE NO. C, ACCORDING TO THE CONDOMINIUM MAP THEREOF, RECORDED ON OCTOBER 22, 1997, AT RECEPTION NO. A7133750 IN THE RECORDS OF THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF ARAPAHOE, COLORADO, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE STEEPLECHASE III CONDOMINIUMS, RECORDED ON MAY 28, 1997 AT RECEPTION NO. A7062094, IN SAID RECORDS. FIRST AMENDMENT RECORDED JUNE 10, 1997 AT RECEPTION NO. A7068621, SECOND AMENDMENT RECORDED AUGUST 26, 1997 AT RECEPTION NO. A7106125. THIRD AMENDMENT RECORDED SEPTEMBER 25, 1997 AT RECEPTION NO. A7120772, FOURTH AMENDMENT RECORDED 102297 AT RECEPTION NO. A7133751, COUNTY OF ARAPAHOE, STATE OF COLORADO. Legal Notice NO.: 0618-2017 First Publication: 1/18/2018 Last Publication: 2/15/2018 Name of Publication: Littleton Independent
PUBLIC NOTICE
Public notice is given on December 22, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Shih Ruey Benson be changed to Jenn Shilei Benson Case No.: 2017 C 101083 J. Kaufmann By: Deputy Clerk Legal Notice No: 521000 First Publication: January 11, 2018 Last Publication: January 25, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on January 5, 2018 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Khanh Tuan Anh Thai be changed to Mimi Khanh Thai Case No.: 2018 C 100014 By: Clerk of Court/Deputy Clerk Legal Notice No: 521002 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on December 15, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Nina Maria Mooney be changed to Nina Maria Pettersen Case No.: 2017 C 101062 Shana Kloek Clerk of Court Legal Notice No: 59923 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on January 4, 2018, that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Valerie Tracy Houghton be changed to Valerie Tracy Dunn Case No.: 18 C 100011 Shana Kloek By: Kim Boswell, Deputy Clerk Legal Notice No: 521006 First Publication: January 11, 2018 Last Publication: January 25, 2018 Publisher: Littleton Independent PUBLIC NOTICE Publication Notice of Petition for Change of Name
Public notice is given on January 5, 2018, that a petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Terri Lee Kasunic be changed to Terri Lee Morris Case No: 2018 C 100016 By: Kelly Ann LaFave County Court Judge Legal Notice No: 521008 First Publication: January 11, 2018 Last Publication: January 25, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on January 9, 2018, that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Brandon David Carroll be changed to Brandon David Marley Case No.: 18 C 100023
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Notice of Petition 30 ThePublic Independent The Herald for Change of- Name
Public notice is given on January 9, 2018, that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court.
Name Changes
The petition requests that the name of Brandon David Carroll be changed to Brandon David Marley Case No.: 18 C 100023
Shana Kloek By: Kim Boswell, Deputy Clerk Legal Notice No: 521017 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on January 9, 2018, that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Jessica Ruth Valero be changed to Jessica Ruth Hogan Case No.: 18 C 100022 By: Deputy Clerk Legal Notice No: 521022 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on January 11, 2018, that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Joyce Marie Percoco be changed to Joyce Marie O’Neill Case No.: 18 C 100025 By: Kim Boswell, Deputy Clerk Legal Notice No: 521034 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on December 26, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Alison Christine Higgins be changed to Alison Christine Kelman Case No.: 2017 C 101085 Shana Kloek By: John Jesse, Deputy Clerk Legal Notice No: 59988 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on December 22, 2017, that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Denise Escoto be changed to Denise Ordaz Case No.: 17 C 101079 By:J. Kaufmann, Deputy Clerk Legal Notice No: 59989 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent
Notice To Creditors Public Notice NOTICE TO CREDITORS Estate of Nicholas A. Huner, also known as Nick Huner, Deceased Case Number: 17PR31205
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 18, 2018, or the claims may be forever barred. Frank Leo Huner, Jr. Leslie S. Huner Co-Personal Representatives 3440 Elk Canyon Court Sedalia, Colorado 80135 Legal Notice No: 521021 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Thorus E. LaCroix, aka Terry E. LaCroix, aka Thorus E. LaCroix, Jr., Deceased Case Number: 2017 PR 528 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District
PUBLIC NOTICE NOTICE TO CREDITORS Estate of Thorus E. LaCroix, aka Terry E. LaCroix, aka Thorus E. LaCroix, Jr., Deceased Case Number: 2017 PR 528
Notice To Creditors
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 18, 2018, or the claims may be forever barred. Holly J. LaCroix Personal Representative 3574 Hatfield Circle Oceanside, CA 92056 Legal Notice No: 521028 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Sherrill Ann Bickel, a/k/a Sherrill A. Bickel, a/k/a Sherrill Bickel, Deceased Case Number: 2018PR30001 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 11, 2018, or the claims may be forever barred. Baysore & Christian Fiduciary Services, LLC 7200 E. Dry Creek Road, Ste B-201 Centennial, CO 80112 Legal Notice No.: 521007 First Publication: January 11, 2018 Last Publication: January 25, 2018 Publisher: The Englewood Herald and the Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Vincent Jeffries, a/k/a Vincent J. Jeffries, Deceased Case Number: 2018PR30007 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 18, 2018, or the claims may be forever barred. Stephen Vincent Personal Representative 14736 West Horseman Lane Sun City, AZ 85375 Legal Notice No.: 521013 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of DANIEL PATICK RAFFERTY, Deceased Case Number: 2017PR031238 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 18, 2018, or the claims may be forever barred. Gerald and Eileen Rafferty, Co-Personal Representatives 457 Hayloft Way Brighton, Colorado, 80601 Legal Notice No.: 521023 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of DOROTHY D. HAWKINS, Deceased Case Number: 2018 PR 30014 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 18, 2018 or the claims may be forever barred. Lawrence B. Hawkins Personal Representative c/o Hall & Evans, LLC, 1001 17th Street, Suite 300 Denver, CO 80202 Legal Notice No.: 521024 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: The Englewood Herald and the Littleton Independent Public Notice District Court County of Arapahoe, Colorado Arapahoe County Justice Center 7325 South Potomac Street Centennial, CO 80112 IN THE MATTER OF THE ESTATE OF ROBERT S. BAYHA, aka ROBERT BAYHA, aka STEVEN BAYHA, aka ROBERT STEVEN BAYHA, aka R. STEVEN BAYHA, DECEASED. Melissa R. Schwartz, #24734 Steenrod, Schwartz & McMinimee, LLP 3773 Cherry Creek North Drive, Suite 775 Denver, CO 80209 Phone Number: 303-534-5100 Fax Number: 303-534-5186 E-Mail: mschwartz@steenrodlaw.com Petitioner
aka STEVEN BAYHA, aka ROBERT STEVEN BAYHA, aka R. STEVEN BAYHA, DECEASED. Melissa R. Schwartz, #24734 Steenrod, Schwartz & McMinimee, LLP 3773 Cherry Creek North Drive, Suite 775 Denver, CO 80209 Phone Number: 303-534-5100 Fax Number: 303-534-5186 E-Mail: mschwartz@steenrodlaw.com Petitioner Case Number: 18 PR 30029
Notice To Creditors
NOTICE OF HEARING BY PUBLICATION PURSUANT TO § 15-10-401, C.R.S. To: Any and all unknown heirs of Robert S. Bayha, aka Robert Bayha, aka Steven Bayha, aka Robert Steven Bayha, aka R. Steven Bayha, Deceased Last Known Address, if any: Unknown A hearing on the Petition for Adjudication of Intestacy and Formal Appointment of Personal Representative and proposed Order will be held at the following time and location or at a later date to which the hearing may be continued: Date: March 15, 2018 Time: 8:00 a.m. Courtroom or Division: Probate Division Address: 7325 South Potomac Street, Centennial, CO 80012 Legal Notice No.: 521029 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Danton D. Wirth, aka Danton Devroux Wirth and Danton Wirth, Deceased Case Number: 2017PR31150 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado, on or before May 4, 2018, or the claims may be forever barred. Kami Pomerantz, Esq. Personal Representative c/o Holland & Hart, LLP P. O. Box 8749 Denver, CO 80201-8749 Legal Notice No.: 59920 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Kurt R. Gibson, Deceased Case Number: 2017 PR 31195 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before April 30, 2018 or the claims may be forever barred. Michael Reagor, Attorney for Personal Representative c/o Dymond Reagor PLLC 8400 E. Prentice Ave., Suite 1040 Greenwood Village, CO 80111 Legal Notice No: 59921 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of MATTHEW G. STARBUCK, a/k/a MATTHEW GERALD STARBUCK, Deceased Case Number: 2017PR031118 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 4, 2018, or the claims may be forever barred. Joel Q. Starbuck Personal Representative 7070 Pierson Street Arvada, CO 80004 Legal Notice No.: 59922 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of: EVA MANNHEIMER, Deceased Case Number: 2017PR31165 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of ARAPAHOE County, Colorado on or before May 04, 2018, or the claims may be forever barred. Gabrielle Knox, Personal Representative c/o Hulbert & Associates, LLC 326 Main Street Sterling, Colorado 80751 Legal Notice No.: 59925 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: The Englewood Herald and the Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Carl Cunningham Evans, Jr., aka Carl C. Evans, Jr., aka Carl C. Evans, aka Carl Evans, Jr., aka Carl Evans,
January 18, 2018J
Public Notice
Notice To Creditors PUBLIC NOTICE
NOTICE TO CREDITORS Estate of Carl Cunningham Evans, Jr., aka Carl C. Evans, Jr., aka Carl C. Evans, aka Carl Evans, Jr., aka Carl Evans, Deceased Case Number: 2017 PR 31199 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 11, 2018, or the claims may be forever barred. Tracey E. Gardiner Personal Representative 558 Castle Pines Parkway, B4-347 Castle Pines, Colorado 80108 Legal Notice No: 521001 First Publication : January 11, 2018 Last Publication: January 25, 2018 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of LORETTA ANN PETERSON, also known as LORETTA A. PETERSON, Deceased Case Number: 2017PR31233 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 18, 2018, or the claims may be forever barred. Kathleen M. Muller Personal Representative 6317 South Lafayette Place Littleton, Colorado 80121 Legal Notice No: 521010 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: Englewood Herald and the Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Wilma L. DiCicco, Deceased Case Number: 2017 PR 31220 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 4, 2018, or the claims may be forever barred. Annette Russell Personal Representative 9211 Bauer Court Lone Tree, Colorado 80124 Legal Notice No: 59924 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Englewood Herald and the Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Ruth A. Templeton, Deceased Case Number: 2017 PR 31184 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 4, 2018, or the claims may be forever barred. Sally Knight Personal Representative 830 East Cornell Avenue Englewood, Colorado 80113 Legal Notice No: 59986 First Publication: January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Wilma Helen Hoag, aka Wilma H. Hoag, Deceased Case Number: 2017 PR 031193 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court ofArapahoe County, Colorado on or before May 4, 2018, or the claims may be forever barred. Maria Theresa B. Lopez, Esq. Attorney for Shirley Ann Luecke, Personal Representative 3773 Cherry Creek Drive North, Suite 575 Denver, Colorado 80209 Legal Notice No: 59987 First Publication : January 4, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent
Misc. Private Legals Public Notice NOTICE IS GIVEN HAMPDEN PARK N’ STORE Notice is given that pursuant to the statute C.R.S. 38-21.5-103, of the Colorado Revised Statute HAMPDEN PARK N’ STORE at 3411 S. Irving St., Englewood, CO 80110.
NOTICE IS GIVEN HAMPDEN PARK N’ STORE
Misc. Private Legals
Notice is given that pursuant to the statute C.R.S. 38-21.5-103, of the Colorado Revised Statute HAMPDEN PARK N’ STORE at 3411 S. Irving St., Englewood, CO 80110. 303-781-4911, is taking possession on January 20, 2018 of all property listed below for back rent owed. This miscellaneous household and personal property will be sold at public auction to the highest bidder on January 20, 2018 at 10:00 a.m. sharp, at the address listed above. Addresses of tenants listed below are last given last known. CASH OR CREDIT CARD ONLY! #103, Daniel Romero 4899 S. Dudley St. Apt. G-8 Denver, Co 80123 #215, Keith Palmifier 3633 S. Sheridan Blvd. Apt S-7 Denver, CO 80235 #227, Genevieve Bona 3390 S. Canosa Ct. Apt. A Englewood, CO 80110 #316, Andrew Montoya 4565 W Cedar Ave Denver, CO 80219 #404, Raymond Green III 3245 S Delaware St. Englewood, CO 80110 #438, Chad Bardon 8738 Lakeshore Rd. Lakeport, MI 48059 #607, William Brady 4180 S. Irving St Denver, CO 80236 #655, Chris Redington 817 B, Virginia St #17 Reno, NV 89501 #757, Erica Viail 1400 Stuart ST. Apt. B Denver, CO 80204 #809, Ofelia Rivera 1301 S. Xavier St. Denver, CO 80219 #842, #3023, Steve Weaver 5590 W. Warren Ave #2 Denver, CO 80227 Legal Notice No.: 521009 First Publication: January 18, 2018 Final Publication: January 18, 2018 Publisher: Englewood Herald and the Littleton Independent Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2017 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 DECEMBER 2017 for each County affected.
17CW3205 THE CITY OF AURORA, COLORADO, a municipal corporation of the Counties of Adams, Arapahoe, Denver, Douglas and Jefferson, acting by and through its Utility Enterprise (“Aurora”), 15151 East Alameda Avenue, Suite 3600, Aurora, Colorado 80012-1555, (303) 739-7370, Email: AuroraWater@auroragov.org. Attorneys: John M. Dingess, Anthony J. Basile and Teri L. Petitt, Hamre. Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado 802371829, phone (303) 779-0200, fax (303) 7793662, mail@hrodlaw.com, jdingess@hrodlaw.com, abasile@hrodlaw.com, poolteri@hrodlaw.com. APPLICATION FOR CHANGE OF WATER RIGHTS IN PARK, JEFFERSON, DOUGLAS, ARAPAHOE, DENVER, ADAMS AND WELD COUNTIES. 2. Application for Change of Water Rights: 2.1. Decreed water rights for which change is sought: 2.1.1. Name of Structure: McArthur Ditch. 2.1.2. Original Decree: CA 1678, Park County District Court, entered May 22, 1913; priority number 258. 2.1.3. Relevant Subsequent Decrees: None. 2.1.4. Decreed point of diversion: The East Bank of the East Fork of Cook Creek in the SW/4 SE/4 of Section 27, Township 7 South, Range 73 West, 6th P.M., in Park County, Colorado, at a point whence the Southeast Corner of Section 27 bears South 67° 39’ East 2,304 feet. This location is identified on Exhibit A hereto. 2.1.5. Source: East Fork of Cook Creek (a.k.a. McArthur Gulch), a tributary to the North Fork of the South Platte River. 2.1.6. Appropriation Date: May 1, 1868. 2.1.7. Rate of Diversion: 1.41 cfs, absolute. 2.1.8. Decreed use: Irrigation. 2.2. Description of proposed changes: The Applicant requests the following changes of use for the subject water rights: 2.2.1. Change to alternate types of use: In addition to use for agricultural irrigation on the historically irrigated lands, Applicant seeks to add the following uses: Municipal, domestic, agricultural, energy production, manufacturing, mechanical and industrial purposes including, but not limited to: fire protection, irrigation, commercial, recreation, fish and wildlife propagation, reservoir evaporation replacement, creation and maintenance of wetlands, maintenance of storage reserves, stock watering, reclamation, revegetation, dust suppression, water treatment and supply, wastewater treatment, storage for such uses, and use as a supply or substitute supply for augmentation, replacement, exchanges decreed or to be decreed, and substitute supply plans. All uses include reuse and successive reuse to extinction for the above purposes, or disposition of effluent for the above purposes. 2.2.2. Change to alternate places of use: In addition to use on the historically irrigated lands, which may continue for a time after the entry of this change Decree, Applicant seeks to add the following place of use: Aurora’s current and future service areas served by its municipal water supply and water reuse systems, including areas served by its connections with other systems, and by any current or future water
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substitute supply plans. All uses include reuse 8and January 18, 2018 successive reuse to extinction for the above
purposes, or disposition of effluent for the above purposes. 2.2.2. Change to alternate places of use: In addition to use on the historically irrigated lands, which may continue for a time after the entry of this change Decree, Applicant seeks to add the following place of use: Aurora’s current and future service areas served by its municipal water supply and water reuse systems, including areas served by its connections with other systems, and by any current or future water supply contracts or obligations of Aurora. Currently, Aurora is located in Township 3 South, Ranges 64, 65, 66 and 67 West, 6th P.M. in Adams County; Township 4 South, Ranges 64, 65, 66 and 67 West and Township 5 South, Ranges 65, 66 and 67 West, 6th P.M. in Arapahoe County; and Township 6 South, Ranges 65 and 66 West, 6th P.M. in Douglas County. Aurora's service area has changed from time to time and will continue to do so. Aurora may also use the water to meet its replacement or delivery obligations in Water Division 1. 2.2.3. Change from Direct Flow to Direct Flow or Storage: After diversion and prior to initial use by Aurora, water diverted pursuant to the subject water rights may be stored at any of the locations set forth below in paragraphs 2.2.3.5. to 2.2.3.17. Such water may be delivered to storage by means of the use of natural stream channels, component facilities of Aurora’s South Platte diversion and conveyance system in which Aurora is the owner or in privity with the owner, component facilities of Aurora’s Prairie Waters System, and/or any points of diversion authorized in the respective decrees for those storage structures including, but not limited to, the City of Aurora Intake Structure, the Brighton Ditch, the Lupton Bottom Ditch, and the Western Mutual Ditch, described below in paragraphs 2.2.3.1. to 2.2.3.4. Reusable effluent resulting from the initial use for the changed uses of the historical consumptive use component of the water diverted pursuant to the subject water rights may be stored in any reservoir Aurora is authorized to use. See Exhibit B attached hereto. 2.2.3.1 City of Aurora Intake Structure. For direct flow into the existing intake tower and tunnel at the Strontia Springs Diversion Dam, in Douglas County, Colorado and across the channel of the South Platte River. The Dam is located on the South Platte River in the NW/4 of the NW/4 of Section 21, T7S, R69W, 6th P.M. This structure is filled by the pool in Strontia Springs Reservoir and then conveys water to Quincy Reservoir, Aurora Reservoir, and the East Reservoir Complex. 2.2.3.2. The Brighton Ditch. The headgate of the Brighton Ditch is on the west bank of the South Platte River in the SE/4 SE/4, Section 11, T1S, R67W, 6th P.M. in Adams County, Colorado, at a point approximately 780 feet north and 1,120 feet west of the SE corner of Section 11. 2.2.3.3. Lupton Bottom Ditch. The headgate of the Lupton Bottom Ditch is generally located on the west bank of the South Platte River in the NW/4 of the SW/4 of Section 19, T1N, R66W, 6th P.M., in Weld County, Colorado. 2.2.3.4. Western Mutual Ditch (a.k.a. Hewes Cook Ditch). The headgate of the Western Mutual Ditch is on the east bank of the South Platte River in the SE/4 of the SW/4 of Section 11, T3N, R67W of the 6th P.M., in Weld County, Colorado, approximately 230 feet north and 2,510 feet east of the SW corner of Section 11. 2.2.3.5. Strontia Springs Dam and Reservoir. The Strontia Springs Dam is constructed on the South Platte River in Douglas County, Colorado, with the east-end of dam (right) abutment located at a point from whence the NW corner of Section 21, T7S, R69W, 6th P.M., bears North 52 degrees West a distance of 1,300 feet. The approximate (right) abutment latitude is 39°25’56” North and longitude is 105°07’31” West. Decreed in Water Division 1, Case No. 04CW218. 2.2.3.6. Quincy Reservoir. Quincy Reservoir is an off-channel reservoir located in the NE/4, E/2 of the NW/4, and N/2 of the SE/4 of Section 9, and the S/2 of the NW/4, N/2 of the SW/4 of Section 10, T5S, R66W, 6th P.M., in Arapahoe County, Colorado. The approximate (right) abutment is latitude 39º38'15" north, and longitude 104º46'36" west, which point is also described as a point in the NE/4 of the NE/4 of Section 9, T5S, R66W, 6th P.M. that lies 370 feet from the north line and 1,145 feet from the east line of Section 9. Decreed in Water Division 1, Case No. 03CW415. 2.2.3.7. Aurora Reservoir. The Aurora Reservoir is an off-channel reservoir located upon Senac Creek, an intermittent stream, in Sections 15, 16, 20, 21 and 22, T5S, R65W, 6th P.M., in Arapahoe County, Colorado. The east-end of the dam (right) abutment is located at a point from whence the northwest corner of Section 15, T5S, R65W, 6th P.M. bears north 45º west a distance of 2,970 feet, which point is also described as a point in the SE/4 of the NW/4 of Section 15, T5S, R65W, 6th P.M. that lies 2,110 feet from the north line and 2,105 feet from the west line of Section 15. The approximate (right) abutment is latitude 39º37'06" north, and longitude 104º39'11" west. Decreed in Water Division 1, Case No. 03CW415. 2.2.3.8. East Reservoir Complex. The East Reservoir will be located in one or more of the following off-channel locations: Site 1A: In Sections 14 and 23 and the N/2 of Section 26, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 1B: In Sections 9, 10 and 15 and S/2 of Sections 3 and 4 and N/2 of Section 16, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 2B: In Sections 26 and 27 and N/2 of Sections 34, 35 and 36, T4S, R65W, 6th P.M., in Arapahoe County, Colorado. Decreed in Water Division 1, Case No. 03CW415. 2.2.3.9. Gravel Pit Reservoir A and Aquifer Recharge and Recovery Facility A ("ARR-A") located on all or portions of the following quarter-sections, all located in T1N, R67W, 6th P.M.; the S/2 of Section 13, and the N/2 of the NW/4 of Section 24, in Weld County, Colorado. Decreed in Water Division 1, Case No. 06CW104. 2.2.3.10. Aurora-Everist (Fort Lupton) Reservoir Complex No. 1. This reservoir complex is a group of interconnected gravel pits that are located on a portion of the NE/4 of Section 25, T2N, R67W, 6th P.M., and portions of the NW/4 and portions of the SW/4 of the NE/4, Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. Decreed in Water Division 1, Case No. 02CW330. 2.2.3.11. Aurora-Everist (Fort Lupton) Reservoir Complex No. 2. This reservoir complex is a group of interconnected gravel pits located on portions of the SE/4 and SE/4 of the SW/4 of Section 25, T2N, R67W, 6th P.M., and portions of the SW/4, Section 30, T2N, R66W, 6th P.M., in Weld County, Color-
Misc. Private Legals
voir complex is a group of interconnected gravel pits that are located on a portion of the NE/4 of Section 25, T2N, R67W, 6th P.M., and portions of the NW/4 and portions of the SW/4 of the NE/4, Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. Decreed in Water Division 1, Case No. 02CW330. 2.2.3.11. Aurora-Everist (Fort Lupton) Reservoir Complex No. 2. This reservoir complex is a group of interconnected gravel pits located on portions of the SE/4 and SE/4 of the SW/4 of Section 25, T2N, R67W, 6th P.M., and portions of the SW/4, Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. Decreed in Water Division 1, Case No. 13CW3080. 2.2.3.12. Stillwater Ranch Reservoir ("Walker North"). Walker North is located in the S/2 NE/4 of Section 36, T1N, R67W of the 6th P.M., in Weld County, Colorado. Decreed in Water Division 1, Case No. 97CW392. 2.2.3.13. Robert W. Walker Reservoir ("Walker South"). Walker South is located on portions of the SE/4 of Section 36, T1N, R67W, 6th P.M., in Weld County, Colorado. Decreed in Water Division 1, Case No. 97CW272. 2.2.3.14. Kirby-Dersham Gravel Pit Reservoir. The Kirby-Dersham Gravel Pit Reservoir is located on portions of the NW/4 of the SE/4, the SW/4 of the SE/4, and the NE/4 of the SE/4, of Section 36, T1N, R67W, 6th P.M., in Weld County, Colorado. 2.2.3.15. Challenger Gravel Pit Reservoir. The Challenger Gravel Pit Reservoir is located on a portion of the E/2 of the NW/4 of Section 1, T1S, R67W, 6th P.M., in Adams County Colorado. 2.2.3.16. Aurora Tucson South Storage Facility ("Tucson South") and Aquifer Recharge and Recovery Facility B ("ARR-B"). These facilities will occupy all or portions of the N/2 of the SE/4, the SW/4 of the SE/4, and the SW/4, all in Section 1, T1S, R67W, 6th P.M., in Adams County, Colorado. Decreed in Water Division 1, Case No. 03CW414. 2.2.3.17. Gilcrest Reservoir. An offchannel reservoir to be constructed within part of Section 2, T3N, R67W and parts of Sections 23, 26, 34, and 35, T4N, R67W of the 6th P.M., in Weld County, Colorado. Decree pending in Water Division 1, Case No. 16CW3058. 2.3. Historical use information: The subject water rights were used for the irrigation of meadow and pasture lands located generally in the SE/4 of Section 27 and in the SW/4 of Section 26, T7S, R73W of the 6th P.M., in Park County, Colorado. 2.3.1. The water rights have been used to irrigate approximately 35 acres of land as shown on Exhibit A. 2.3.2. Summaries of records of actual diversions of the McArthur Ditch water right are attached as Exhibit C, attached hereto. 3. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: 3.1. Aurora is the owner of, or the holder of a contractual right to purchase, each of the storage structures identified in paragraph 2.2.3., except Strontia Springs Reservoir, East Reservoir Complex, Walker North Reservoir, and Walker South Reservoir. On information and belief other or additional owners of the lands on which said structures are located or will be constructed are those set forth below. 3.2. The Strontia Springs Dam and Reservoir Complex is owned by the City and County of Denver, acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, Colorado 80204-3412. Aurora has contract rights to use the complex. 3.3. East Reservoir Complex sites: See attached Exhibit D. 3.4. Walker North Reservoir: Carl F. Eiberger, 303 S. Broadway Ste 200, Denver, Colorado 80209. 3.5. Walker South Reservoir: HIBE, LLC, 301 Centennial Drive, Milliken, Colorado 80543. 3.6. Tucson South and ARR-B site: Aggregate Industries WCR, Inc., 1687 Cole Boulevard, Suite 300, Golden, Colorado 80401 4. Prayers for Relief: 4.1. Applicant respectfully requests this Court grant a decree for the requested changes of Applicant’s interests in the subject water rights. 4.2. Applicant requests this Court also grant such additional relief that it deems necessary and appropriate to further the purposes of the change of water right requested herein. (Application and attachments are 13 pages)
Misc. Private Legals
WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY 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 JANUARY 2018 (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. Legal Notice No.: 521030 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: Englewood Herald Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2017 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 DECEMBER 2017 for each County affected. 17CW3206 City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204. APPLICATION FOR FINDING OF
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 DECEMBER 2017 for each County affected.
Misc. Private Legals
17CW3206 City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES, IN DOUGLAS, JEFFERSON, ARAPAHOE, DENVER, BROOMFIELD, WELD, BOULDER AND ADAMS COUNTIES, District Court, Water Division 1, Colorado, Weld County Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley, Colorado 80632. 1. Name, Mailing Address, Email Address, and Telephone Number of Applicant. City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Email: daniel.arnold@denverwater.org, Telephone: 303-628-6460. 2. Name of Water Rights. a. Recycling Plant Intake Water Right b. Recycling Plant Substitution and Exchange Water Right 3. Description of Recycling Plant Intake Water Right. a. Type of Water Right. Direct flow. b. Date of Original and All Relevant Subsequent Decrees. The original decree for the Recycling Plant Intake Water Right was entered on December 6, 2011 in Case No. 2001CW287 WD1. c. Legal Description of Structure. The Recycling Plant Intake Pump Station is located near the Metro North and South Outfalls at the Metro Plant. The Recycling Plant Intake Pump Station diverts treated wastewater through two intakes from the Metro wastewater treatment plant effluent streams located in the North and South channels that feed into Metro’s chlorine contact basin. The two intakes are located in the NE 1/4 of the NW 1/4, S12, T3S, R68W, 6th P.M. in Adams County, Colorado, approximately 777 feet from the north section line and 1,455 feet from the west section line and approximately 797 feet from the north section line and 1,553 feet from the west section line. d. Source of Water. Wastewater effluent tributary to the South Platte River that is diverted from the North and South Outfalls of Metro. e. Date of Appropriation. December 28, 2001. f. Amount. (1) Flow Rate. A maximum flow rate not to exceed 70 cubic feet per second (“c.f.s.”) (conditional). (2) Volumetric Limit. 17,500 acre-feet diversion limit annually from November 1 through October 31 of the following year, in combination with the volume of water diverted under the Recycling Plant Substitution and Exchange Water Right, and the exchange from the Lupton Lakes Reservoir Complex to the Recycling Plant Intake Pump Station claimed in Case No. 2009CW123 WD1. g. Use. The water diverted under the Recycling Plant Intake Water Right will be diverted through the Recycling Plant Intake Pump Station for use by Denver Water’s recycled plant water customers following treatment at the Recycling Plant, for nonagricultural irrigation, commercial, industrial, and municipal uses, including mechanical, manufacturing, industrial, power generation, fire protection, street sprinkling, irrigation of parks, schools, yards, lawns, grounds and open spaces, maintenance and filling of lakes and ponds, recreation, piscatorial, and maintenance and preservation of wildlife and aesthetic values. The water so delivered may be fully consumed and, if not fully consumed in the first use, any return flows from such first use may be reused and successively used, subject to the terms and conditions of this Decree, by Denver Water and its customers, directly or after storage or exchange, for the uses described above, as well as for all municipal uses, including but not limited to domestic uses, augmentation, substitution, replacement of lake and reservoir evaporation, and sewage treatment. h. Place of Use. Waters diverted under this water right may be placed to beneficial use by Denver Water wherever it may, now or in the future, legally provide water. 4. Description of Recycling Plant Substitution and Exchange Water Right. a. Type of Water Right. Appropriative right of substitution and exchange. b. Appropriative Right of Substitution and Exchange. The Recycling Plant Substitution and Exchange Water Right will be used to divert water out-of-priority at the Recycling Plant Intake Pump Station, described in paragraph 0.0, by substitution and exchange from the exchange-from points set forth in paragraph 0.0 of this Application. Maps generally depicting the exchange reaches are attached hereto as Exhibit A. c. Date of Original and All Relevant Subsequent Decrees. The original decree for the Recycling Plant Substitution and Exchange Water Right was entered on December 6, 2011 in Case No. 2001CW287 WD1. d. Source of Water at Exchange-to Point. Wastewater effluent tributary to the South Platte River that is diverted from the North and South Outfalls of Metro. e. Locations of Exchange-to Point. The Recycling Plant Intake Pump Station is located near the Metro North and South Outfalls at the Metro Plant. The Recycling Plant Intake Pump Station diverts treated wastewater through two intakes from the Metro wastewater treatment plant effluent streams located in the North and South channels that feed into Metro’s chlorine contact basin. The two intakes are located in the NE 1/4 of the NW 1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. The first intake is located approximately 777 feet from the north section line and 1,455 feet from the west section line. The second intake is located approximately 797 feet from the north section line and 1,553 feet from the west section line. f. Locations of Exchange-from Points. (1) Metro Outfall. The point where the Metro Outfall physically discharges wastewater to the South Platte River, located within the NE 1/4 of the NW 1/4, S12, T3S R68W, 6th P.M., in Adams County, Colorado, at a point located approximately 37 feet from the north section line and 1,367 feet from the west section line. (2) The Outlet of the South Reservoir Complex. The South Reservoir Complex consists of two offchannel reservoirs designated as Bambei-Walker Reservoir (f.k.a. Miller Dam and Reservoir) and Welby Reservoir (f.k.a. Cat Reservoir). A pipeline located under the South Platte River connects the two reservoirs so they operate as an integrated unit. The outlet for the South
Platte River, located within the NE 1/4 of the NW 1/4, S12, T3S R68W, 6th P.M., in Adams County, Colorado, at a point located approximately 37 feet from the north section line and 1,367 feet from the west section line. (2) The Outlet of the South Reservoir Complex. The South Reservoir Complex consists of two offchannel reservoirs designated as Bambei-Walker Reservoir (f.k.a. Miller Dam and Reservoir) and Welby Reservoir (f.k.a. Cat Reservoir). A pipeline located under the South Platte River connects the two reservoirs so they operate as an integrated unit. The outlet for the South Reservoir Complex is located on the west bank of the South Platte River in the NE 1/4 of the NW 1/4 of S1, T3S, R68W of the 6th P.M., Adams County, Colorado, at a point located approximately 997 feet from North section line and 2,477 feet from West section line. (3) Confluence of South Platte River and Clear Creek. The confluence of the South Platte River and Clear Creek located in the SW 1/4 of the SE 1/4 of S36, T2S, R68W of the 6th P.M., in Adams County, Colorado. (4) The Outlet of the North Reservoir Complex. The North Reservoir Complex consists of five off-channel reservoirs designated as Howe-Haller A Reservoir, HoweHaller B Reservoir, Hazeltine Reservoir, Dunes Dam and Reservoir and Tanabe Reservoir. The five reservoirs are connected by pipelines so that they function as an integrated unit. The outlet of the North Reservoir Complex is located within the NW 1/4 of the NE 1/4 of S3, T2S, R67W, 6th P.M., in Adams County, Colorado at a point commencing from the NE corner of Section 3 South 85° 25’ 40” West, a distance of 2583.58 feet. (5) South Adams County Water and Sanitation District Wastewater Treatment Plant Outfall. The point where the South Adams County Wastewater Treatment Plant physically discharges wastewater to the South Platte River located within the SW 1/4 of the SE 1/4 of S17, T2S, R67W, 6th P.M., in Adams County, Colorado, at a point located approximately 1,245 feet from South section line and 2,607 feet from East section line. (6) Outfall of Northern Treatment Plant. To accommodate municipal growth and increasing water treatment requirements, Metro constructed a second wastewater treatment facility - the Northern Treatment Plant - which is located in Weld County near the City of Brighton, Colorado, adjacent to the South Platte River, at a location approximately 20 miles downstream from the Metro Outfall. The legal description of the Northern Treatment Plant Outfall is in the SE 1/4 of the SW 1/4 of S31, T1N, R66W, 6th P.M., Weld County, Colorado. g. Locations of Upstream Substitute Supply Release Points. Water will be released from the sources listed in Exhibit B from the structures or locations described below and transported downstream to the confluence of the Metro Outfall and the South Platte River pursuant to C.R.S. § 37-83-101 for use as a substitute supply for wastewater tributary to the South Platte that is diverted from the locations described in paragraph 0.0. (1) Lawn Irrigation Return Flows. Denver Water’s Lawn Irrigation Return Flows (“LIRFs”) as quantified and decreed for use and a t t h e l o c a t i o n s d e c r e e d i n C a s e N o. 2004CW121 WD1. (2) The Littleton/Englewood Waste Water Treatment Plant Outfall. The Littleton/Englewood Waste Water Treatment Plant Outfall is located in the SE 1/4 of the SE 1/4 of S28, T4S, R68W of the 6th P.M., 128 feet from South Section line and 34 feet from East Section line, Denver County, Colorado. (3) Chatfield Reservoir Outlet. The Reservoir formed by the Chatfield Dam, an existing structure located approximately eight miles southwest of the City and County of Denver, Colorado on the main stem of the South Platte River; the right abutment of which is located in Douglas County, Colorado in S6 and S7, T6S, R68W, of the 6th P.M.; and the left abutment of which is located in Jefferson County, Colorado in S1, T6S, R69W of the 6th P.M. (4) Harriman Ditch Headgate. The Harriman Ditch Headgate from Bear Creek is located at a point on the South side of said creek in the NE 1/4 of the NE 1/4 of S2, T5S, R70W, 6th P.M., in Jefferson County, Colorado, approximately 199 feet from North section line and 783 feet from East section line. The Turkey Creek point of diversion is located on the south bank of Turkey Creek in the NW 1/4 of the NW 1/4 of S7, T5S, R69W, 6th P.M., in Jefferson County, Colorado, approximately 38 feet from North section line and 541 feet from West section line. h. Sources of Substitute Supply for Exchange. The water rights that will be used as substitute supplies to operate the Recycling Plant Substitution and Exchange described in paragraph 0 are those identified in Exhibit B. i. Exchange Reaches. (1) Exchange Reach A. From the point where the Metro Outfall physically discharges wastewater to the South Platte River, located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. (2) Exchange Reach B. From the South Reservoir Complex outlet located on the west bank of the South Platte River in the SW 1/4 of the NE 1/4 of S1, T3S, R68W of the 6th P.M., Adams County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. (3) Exchange Reach C. From the confluence of the South Platte River and Clear Creek, located in the SW1/4 of the SE1/4 of S36, T2S, R68W of the 6th P.M., in Adams County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. (4) Exchange Reach D. From the outlet of the North Reservoir Complex which is located within the NW1/4 of the NE1/4 of S3, T2S, R67W, 6th PM., in Adams County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. (5) Exchange Reach E. From the confluence of the outfall of the South Adams County Wastewater Treatment Plant with the South Platte River located within the SW1/4 of the SE1/4 of S17, T2S, R67W, 6th P.M., in Adams County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. (6) Exchange Reach F. From the Northern Treatment Plant Outfall which is located at the SE1/4 of the SW1/4 of Section 31, T1N, R66W, 6th P.M., Weld County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. j.
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Wastewater Treatment Plant with the South Platte River located within the SW1/4 of the SE1/4 of S17, T2S, R67W, 6th P.M., in Adams County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. (6) Exchange Reach F. From the Northern Treatment Plant Outfall which is located at the SE1/4 of the SW1/4 of Section 31, T1N, R66W, 6th P.M., Weld County, Colorado to the Recycling Plant Intake Pump Station located in the NE1/4 of the NW1/4, S12, T3S, R68W, 6th P.M., in Adams County, Colorado. j. Date of Appropriation. December 28, 2001. k. Amount. (1) Flow Rate. A maximum flow rate not to exceed 70 c.f.s., (conditional) provided that the combined diversion rate at the Recycling Plant Intake Pump Station from all sources shall not exceed a flow rate of 70 c.f.s. at any one time. (2) Volumetric Limit. 17,500 acre-feet annually from November 1 through October 31 of the following year, in combination with the exchange from the Lupton Lakes Reservoir Complex to the Recycling Plant Intake Pump Station decreed in Case No. 2009CW123 WD 1 and the Recycling Plant Intake Water Right. l. Use. The water diverted under the Recycling Plant Substitution and Exchange will be diverted through the Recycling Plant Intake Pump Station for use by Denver Water s recycling plant water customers following treatment at the Recycling Plant for nonagricultural irrigation, commercial, industrial, and municipal uses, including mechanical, manufacturing, industrial, power generation, fire protection, street sprinkling, irrigation of parks, yards, schools, lawns, grounds and open spaces, recreation, piscatorial, maintenance and filling of lakes and ponds, and maintenance and preservation of wildlife and aesthetic values. If Denver Water uses a fully consumable substitute supply to perform the Substitution and Exchange, the water so diverted and delivered may be fully consumed and, if not fully consumed in the first use, any return flows from such first use may be reused and successively used, subject to the terms and conditions of this Decree, by Denver Water and its customers, directly or after storage or exchange, for the uses described above, as well as for all municipal uses, including but not limited to domestic uses, augmentation, substitution, replacement of lake and reservoir evaporation, and sewage treatment. m. Place of Use. Waters diverted under the Recycling Plant Substitution and Exchange will be placed to beneficial use by Denver Water wherever it may, now or in the future, legally provide water. 5. Claim for Finding of Reasonable Diligence. The following work, undertaken during the diligence period, was necessary to operate the diversion and beneficial use of water under the Recycling Plant Intake Water Right and the Recycling Plant Substitution and Exchange Water Right: a. Recycling Plant. Denver Water completed the following diligence activities related to the recycling plant during the diligence period: (1) In 2011, the Board installed 16,689 linear feet of 36-inch recycle pipe between East 33rd Avenue and Boston Street to East 47th Avenue and Peoria Street to extend recycle water Conduit 302 to more customers. (2) In 2011, completed design, drafting and surveying for the Montbello recycled water mains project to extend Conduit 308 to serve the Montbello neighborhood with recycled water. (3) In 2012, installed Conduit 308, which consists of a 24-inch diameter recycled water conduit that extends from the intersection of Peoria Street and East Andrews Drive approximately 20,000 feet to the intersection of East 56th Avenue and Montbello. The project also included the installation of 23,000 linear feet of 4-inch to 12-inch recycled water distribution mains and appurtenances to distribute water to City and County of Denver and Adams County customers. (4) In 2012, furnished and installed appurtenances to connect 23 customers as part of the Montbello recycled water project. (5) In 2011, converted cooling towers at Denver International Airport (“DIA”) and other Denver area cooling towers from potable water to recycled water. (6) In 2012, completed the recycling plant safety shower upgrades project. The project consisted of upgrading the existing safety shower system at the Denver Water’s recycling plant by installing tempered water systems, ADA compliant safety shower units and flow detection alarm systems in 4 buildings to a total of 26 safety shower units. (7) In 2012, extended Conduit 302, a recycled water conduit, by installing 10,860 linear feet of 36-inch recycled water pipeline along 56th Avenue from Chambers Road to Tower Road to connect more customers to the recycled water system. (8) Purchased PVC pipe to be used for the recycled water system from HD Supply Waterworks through 2014. (9) Retained CH2M Hill in 2015 to evaluate the chlorination systems at Denver Water’s water recycling plant. (10) Completed the Montbello recycled water distribution system point of service modifications in 2012. (11) Completed electrical inspections at the Denver Water recycling plant in 2012. (12) Retained Smith Environmental and Engineering for prairie dog management along the Conduit 302 alignment. (13) In 2012, executed an agreement with the Denver Museum of Nature & Science (“DMNS”) to construct a ground source heat pump (“GSHP”) system for heating and cooling its new Education and Collection Facility (“ECF”) with recycled water. The closed-loop GSHP system utilizes water circulating within the Denver Water recycled water system as the heat sink/source. (14) In the 2015, completed the installation of Conduit 309, a 24-inch recycled water pipeline that extends from the intersection of East 47th Avenue and Havana Street approximately 7,700 feet to Prairie Meadow Drive and Central Park Boulevard, which included a 57-foot bore under a railroad track. (15) In 2015, replaced a recycled water motor pump on the main line. (16) In 2015, executed the North Stapleton Recycled Water Infrastructure Agreement with Park Creek Metropolitan District for the Conduit 309 extension. (17) Retained Carollo Engineers Inc. in 2015 to analyze recycled water demand management. (18) In 2016, converted six Denver Public Schools from potable to recycled water for irrigation. The schools are Denver Center for International Studies (“DCIS”) at Ford, Montbello High School, Maxwell Elementary, McGlone Academy, Farrall B Howell ECE and South High School and City Stadium. Matching funds for a grant were provided for DCIS at Ford and Maxwell Elementary for the conversions. (19) In 2016, executed an inter-governmental agreement with the Denver Parks and Recreation Department for irrigation efficiencies, con-
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2015 to analyze recycled water demand man32 The(18) Independent - The Herald agement. In 2016, converted six Denver
Public Schools from potable to recycled water for irrigation. The schools are Denver Center for International Studies (“DCIS”) at Ford, Montbello High School, Maxwell Elementary, McGlone Academy, Farrall B Howell ECE and South High School and City Stadium. Matching funds for a grant were provided for DCIS at Ford and Maxwell Elementary for the conversions. (19) In 2016, executed an inter-governmental agreement with the Denver Parks and Recreation Department for irrigation efficiencies, conversions and sources of water for Denver Parks. (20) In 2017, executed a memorandum of understanding with Sand Creek Metropolitan District (“SCMD”) which lays out responsibilities and contingencies related to the permit application process and subsequent permit holding for the discharges of recycled water to be provided to the SCMD lakes located in the Gateway Park neighborhood. (21) Denver Water expended at least $17,900,000 during the last diligence period on the recycle plant and its infrastructure. b. South Reservoir Complex. Denver Water completed the following diligence activities related to the South Reservoir Complex exchange-from point during the diligence period: (1) Storage, diversion and beneficial use of water right during the diligence period. (2) Completed a dewatering well MODFLOW stream depletion analysis at Bambei-Walker Reservoir. (3) Installed ventilation systems in the pump house to eliminate buildup of hydrogen sulfide. (4) Placed fill to rehabilitate banks along the east side of BambeiWalker Reservoir. (5) Extended mounding drain outlet pipes with like materials to accommodate the stable slope and riprap material thickness, and construct a concrete rundown at the pumped mounding drain outlet. (6) Performed erosion control as required by all local, state, and federal requirements. (7) Acquired a permanent easement from Sam E. Hill at BambeiWalker Reservoir for access to the reservoir for maintenance, construction and repairs. (8) Began initial design of a water quality mitigation project. Installation of the equipment and appurtenant facilities is scheduled for 2018. (9) Made drainage improvements at Welby Reservoir on the west side of the complex including grading Gardeners Ditch and adjacent overflow area to protect water quality; installation of concrete pipe, manholes and drop inlets; removal of trash, old structures and trees; cleaning of culverts and installation of two grouted overflow structures. (10) Rezoned and replatted 69th Way adjacent to Welby Reservoir. The work included relocating a gas line, additional support during the County review process and survey work necessary for required subdivision plat. (11) Constructed a stormwater pond and realigned the Gardeners Ditch to convey runoff away from the reservoir. (12) Purchased part of the Meyer Property parcel at Welby Reservoir. (13) Denver Water, Adams County, and South Adams County Water and Sanitation District signed an Inter-governmental Agreement on July 9, 2013 to abandon a portion of the private drive and construct a new public street dedicated to Adams County. The dedicated street will provide access to the reservoir, to adjacent property owned by Denver Water and South Adams Co. as well as to property of private land owners. (14) Denver Water and South Adams County Water and Sanitation District signed an Inter-governmental Agreement on April 9, 2014 for the operation of the North and South Reservoir Complexes and delivery of 5K Water to South Adams. (15) Initiated initial design of a water quality mitigation project to replace the existing floating electrical powered reservoir mixers. Installation of the equipment and appurtenant facilities is scheduled for 2018. (16) Expended approximately $3,700,000 during the last diligence period on the South Reservoir Complex. c. North Reservoir Complex: Denver Water completed the following diligence activities related to the North Reservoir Complex exchange-from point during the diligence period: (1) Constructed the First Creek drainage crossing at HoweHaller Reservoir site. (2) Completed hydroseeding on the reservoir slopes at Howe-Haller. (3) Acquired a Section 404 Permit through the U.S. Army Corps of Engineers to construct an emergency spillway between Howe-Haller A and First Creek. (4) Surveyed slopes and completed asbuilts of outlet, inlets and spillway between Howe-Haller A & B. (5) Topographic survey of flood damaged reservoir slopes for future design, repair and stabilization of westerly slopes along the South Platte River and the Bull Seep. (6) Performed a geotechnical engineering study and developed a final design for the repair of reservoir bank slopes impounding the Howe-Haller A and B Reservoirs. Portions of the slopes for the two reservoirs were damaged by surface water runoff erosion occurring during the regional flooding in 2013 and 2015. (7) Conducted a hydraulic and structural engineering analysis for the new spillway/rundown structure at Denver Water’s Howe-Haller Reservoir A that was destroyed in the 2013 floods. (8) Completed the South Platte Collection System North Metro Howe-Haller A and B Reservoirs Flood Repair Project. The project consists of regrading and reconstructing the reservoir slopes damaged during 2013 and 2015 flooding and constructing a new concrete rundown and spillway structure to pass future flood flows from First Creek safely into Howe-Haller A Reservoir. (9) Completed the South Platte Collection System- North Metro Howe-Haller and Hazeltine Reservoirs Property Fencing Project. Denver Water initiated a safety and security protocol at the facility to fence the perimeter of our property. This project completes the property fencing around Howe-Haller A, B, and Hazeltine Reservoirs. The fencing will connect to Adams County fencing on the western border at their open space trail. (10) Received notification that the liners for Howe-Haller A and Howe-Haller B continue to meet the State’s standards for lining following repair of the slopes. (11) Completed the outlet works and interconnect installation at Dunes Reservoir. (12) Signed an exclusive easement agreement for the Dunes Outlet Works with South Adams County Water & Sanitation District. (13) Signed a Crossing Agreement for the Dunes Outlet Works with the Fulton Irrigation Ditch Company. (14) Approved the purchase of 6.1 acres of land at the Dunes Reservoir site. The additional land was required to construct a security fence and reservoir outlet conduit. (15) Completed inundation mapping for Dunes Dam and Reservoir. (16) Received acceptance from State Engineer’s Office for First Fill Plan. (17) Completed a water quality
Misc. Private Legals
Dunes Reservoir. (12) Signed an exclusive easement agreement for the Dunes Outlet Works with South Adams County Water & Sanitation District. (13) Signed a Crossing Agreement for the Dunes Outlet Works with the Fulton Irrigation Ditch Company. (14) Approved the purchase of 6.1 acres of land at the Dunes Reservoir site. The additional land was required to construct a security fence and reservoir outlet conduit. (15) Completed inundation mapping for Dunes Dam and Reservoir. (16) Received acceptance from State Engineer’s Office for First Fill Plan. (17) Completed a water quality modeling study to evaluate potential water quality concerns at the reservoir and evaluate mitigation equipment that could be used to mitigate those concerns. (18) Designed water quality mitigation equipment and appurtenant facilities. Construction of equipment is budgeted for the first quarter of 2018. (19) Designed and constructed electrical, instrumentation, and controls necessary to operate the reservoir. (20) Continued removal of material at Hazeltine. (21) Entered into an agreement with Asphalt Specialties Company, Inc. for the Hazeltine Gravel Pit reclamation project. This project includes removal of common fill, site management, dewatering, mining record keeping and foreign material handling. Additional work was completed by the contractor including the removal of 429 cubic yards (CY) of additional material, the removal of approximately 3,000 CY of concrete debris and trash from the north embankment. This allowed for a drainage trench to be constructed to dewater the pit to the final grade of the reservoir floor. (22) Completed stabilizing the mining slopes within Hazeltine Reservoir by designing and constructing internal buttress slopes as required by the reclamation plan. (23) Designed and constructed the Hazeltine outlet structure. (24) Completed the Hazeltine Reservoir Slurry Wall Repair Project. Upon completion of the repair work the State approved the reservoir’s liner as meeting reservoir lining criteria. (25) Conducted phase 1 environmental site assessment of two vacant parcels adjacent to Tanabe Reservoir. (26) Purchased parcels 1 and 2 adjacent to Tanabe Reservoir. (27) Completed the Tanabe Reservoir Outlet and Interconnect pipeline. The work includes construction of interconnect conduit by both open cut and trenchless installation, reinforced concrete inlet/outlet structure, pipeline access vault, a building to house controls for regulating flow between Tanabe Reservoir and the Fulton Inlet Pipeline valve vault, and the Hazeltine Pump Station Pipeline which connects the Fulton Inlet Pipeline valve vault to the Hazeltine outlet structure, which returns all water from the North complex to the South Platte River. (28) Completed a water quality modeling study to evaluate potential water quality concerns at the reservoir and evaluate mitigation equipment that could be used to mitigate those concerns. (29) Designed water quality mitigation equipment and appurtenant facilities. Construction of equipment is budgeted for the first quarter of 2018. (30) Designed and constructed electrical, instrumentation, and controls necessary to operate the reservoir. (31) In 2015, Denver Water and South Adams completed the obligations relating to the construction of the improvements to the Fulton Ditch and enlargement of the Fulton Ditch pursuant to the June 15, 2001 Agreement between Fulton, Denver Water and South Adams. Under the Agreement, Denver Water and South Adams have completed certain improvements to the Fulton Ditch, including reconstruction of the ditch headgate at the South Platte River and lining portions of the ditch, in exchange for a carriage agreement and easement in the Fulton Ditch. The purpose of these improvements is to increase the ditch's carrying capacity, such that Denver Water and South Adams may carry, pursuant to the carriage agreement and easement, up to 150 c.f.s. of non-Fulton water in the ditch from the ditch's headgate to Denver Water's first turnout structure at the North Reservoir Complex between 108th and 115th Avenues. Denver Water and Sout h Adams, together with the City of Thornton, have now completed these improvements to the Fulton Ditch and Fulton has granted carriage rights as contemplated by the Agreement. (32) Denver Water spent approximately $29,000,000 during the last diligence period on the North Reservoir Complex. 6. Claim to Make Amount Absolute. a. Of the 70 c.f.s. conditionally decreed, Denver Water claims 60.36 c.f.s. of the Recycling Plant Intake Water Right absolute. This claim is based on a diversion of water on October 25, 2017, and subsequent application to beneficial use. b. Of the 70 c.f.s. conditionally decreed, Denver Water claims 32.72 c.f.s. of the Recycling Plant Substitution and Exchange Water Right absolute. This claim is based on the operation of a substitution to, and exchange from the Metro Outfall at the South Platte River to the Recycling Plant Intake Pump Station, on August 1, 2008. c. Denver Water may rely on other diversions under the Recycling Plant Intake Water Right and Recycling Plant Substitution and Exchange Water Right to support its claim to make absolute an amount equivalent to the amounts set forth in paragraph 6.a. and b. above or a lesser amount. 7. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Denver Water is not proposing new diversion or storage structures that do not already exist, nor is Denver Water proposing modifications to any existing diversion or storage structure for the diversion of the water rights described herein. However, Denver Water is providing notice to the following entities because this application relates to certain structures and property in which the following entities may have a property interest. (a) Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, CO 80601. (b) Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. (c) Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601. (d) Henrylyn Irrigation District, 29490 County Road 14, Keenesburg, CO 80643. (e) Metro Wastewater Reclamation District, 6450 York Street, Denver, CO 80229. (f) South Adams County Water and Sanitation District, 6595 East 70th Avenue, Commerce City, CO 80022.
Misc. Private Legals
WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY
27th Avenue, Brighton, CO 80601. (c) Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601. (d) Henrylyn Irrigation District, 29490 County Road 14, Keenesburg, CO 80643. (e) Metro Wastewater Reclamation District, 6450 York Street, Denver, CO 80229. (f) South Adams County Water and Sanitation District, 6595 East 70th Avenue, Commerce City, CO 80022.
vs. Defendant(s): HA RIM CORPORATION, INC, a Colorado Corporation and JONG GYU OH, AND JUNG GI LEE, INDIVIDUALLY AND D/B/A HONEY BAKERY. And Plaintiff(s): HA RIM CORPORATION, INC, a Colorado Corporation, JONG GYU OH, AND JUNG GI LEE
WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.
Defendant(s): NEW YORK BAKERY CORP, INC., a Colorado Corporation, And YONG WOON KIM AND CHOON GI LEE additional parties Case No.: 09CV403 Div./Crt.: 402
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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 JANUARY 2018 (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. Legal Notice No.: 521031 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: Englewood Herald Public Notice DISTRICT COURT, ARAPAHOE COUNTY, STATE OF COLORADO Case Number: 2017CV31120 Plaintiff: Murphy Creek Master Association, Inc. v. Defendants: Rick R. Harrington; Jan L. Harrington; Litton Loan Servicing, L.P..; The Parkways at Murphy Creek Neighborhood Association, Inc.; Cynthia D. Mares, as Arapahoe County Public Trustee; Sue Sandstrom, as Arapahoe County Treasurer NOTICE OF SHERIFF'S SALE Lot 4, Block 3, Murphy Creek Subdivision Filing No. 10, County of Arapahoe, State of Colorado Also known as: 1317 South Duquesne Court, Aurora, CO 80018. TO THE ABOVE NAMED DEFENDANTS or JUDGMENT DEBTORS, Please take notice: You and each of you are hereby notified that a Sheriff's Sale of the referenced property is to be conducted by the Sheriff's Department of County of Arapahoe, State of Colorado at 10:00 am, on the 15th day of February, 2018 at the Arapahoe County Sheriff's Office Civil Unit located at 13101 East Broncos Parkway, Centennial, CO, 80112, phone number (720) 874-3850, at which sale, the above described real property and improvements thereon will be sold to the highest bidder. Plaintiff makes no warranty relating to title, possession, or quiet enjoyment in and to said real property in connection with this sale. For the purposes of paying off, curing the default, or redemption as provided by statute, intent must be directed to or conducted at the OFFICE OF THE SHERIFF, CIVIL UNIT, located at 13101 East Broncos Parkway, Centennial, CO, 80112, County of Arapahoe, State of Colorado. **BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT TIME OF SALE. ** PLEASE NOTE THAT THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY. Judgment is in the amount of $7,887.85. Attorney for Murphy Creek Master Association, Inc. WesternLaw Group LLC Gabriel Stefu, #34616 9351 Grant Street #120 Thornton, CO 80229 gtefu@westernlawgroup.com DATED in Colorado this 7th day of November, 2017. David C. Walcher Sheriff of Arapahoe County, Colorado By: Sgt. James Osborn, Deputy Sheriff Legal Notice No.: 59762 First Publication: December 21, 2017 Last Publication: January 18, 2017 Published In: Littleton Independent 4 W. Dry Creek Cr. 100, Littleton, CO 80120 Public Notice DISTRICT COURT, ARAPAHOE COUNTY, COLORADO Arapahoe County Justice Center 7325 S. Potomac Street Centennial, Colorado 80112 Plaintiff(s): NEW YORK BAKERY CORP, INC., a Colorado Corporation, vs. Defendant(s): HA RIM CORPORATION, INC, a Colorado Corporation and JONG GYU OH, AND JUNG GI LEE, INDIVIDUALLY AND D/B/A HONEY BAKERY. And Plaintiff(s): HA RIM CORPORATION, INC, a Colorado Corporation, JONG GYU OH, AND JUNG GI LEE Defendant(s): NEW YORK BAKERY CORP, INC.,
Misc. Private Legals
Attorneys for Defendants & Judgment Creditor: Robert L. Pitler, #1139 Kristen M. Tarrin, #37974 PITLER AND ASSOCIATES, P.C. 10800 East Bethany Drive, Suite 250 Aurora, CO 80014 (303) 758-2221 Telephone (303) 755-5113 Fax robertlpitler@rpitlerlaw.com ktarrin@rpitlerlaw.com COMBINED NOTICE OF SALE This Notice concerns the Order and Decree for Judicial Foreclosure or Alternatively Sell the Property via Real Estate Agent and Transcript of Judgment described as follows: Original debtor/defendant: Yong Woon Kim and Choon Gi Lee Original creditor/plaintiff: Jong Gyu Oh and Jung Gi Lee Current holder (“Holder) of Evidence of Debt (“Debt”) secured by the Transcript of Judgment: Jong Gyu Oh and Jung Gi Lee Transcript of Judgment date: June 23, 2011 and January 3, 2011 Transcript of Judgment recording date: June 27, 2011 and April 29, 2011 Transcript of Judgment recording information: D1060477 and D1040850 Order and Decree of Foreclosure date: September 7, 2017 Original principal balance of Debt: $100,403.00 and 35,000.00 Principal balance of Debt on date of this Notice: $224,598.29 (combined judgments with 8% interest through October 19, 2017 Description of property (“Property”) presently encumbered by Transcript of Judgment: LOT 16 BLOCK, 10 STERLING HILLS SUBDIVISION FILING NO. 9, COUNTY OF ARAPAHOE, STATE OF COLORADO 2579 S. Flanders Ct., Aurora, CO 80013-7694 YOU ARE NOTIFIED AS FOLLOWS: The Holder of the Debt secured by the Transcript of Judgment has filed written election and demand for sale with the undersigned Sheriff under the terms of the Order and Decree for Judicial Foreclosure or Alternatively Sell the Property via Real Estate Agent. The name, address and telephone number of attorney representing the Holder of the debt is as follows: PITLER & ASSOCIATES, P.C. Robert L. Pitler, #1139 Kristen M. Tarrin, #37974 10800 E. Bethany Dr. Suite 325 Aurora, CO 80014 (303) 758-2221 THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN THEREFORE, NOTICE IS HEREBY GIVEN that the undersigned Sheriff will at 10:00 o’clock A.M., on the date of February 15, 2018, at the Office of the Sheriff, 13101 East Broncos Parkway, Centennial, Colorado, phone number 720874-3935, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, the heirs and assigns of said Grantor, for the purpose of paying the indebtedness provided in said Transcript of Judgment, Order and Decree for Judicial Foreclosure or Alternatively Sell the Property via Real Estate Agent, attorney fees, and the expenses of sale, and will deliver to the purchaser a certificate of purchase, all as provided by law. **BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT TIME OF SALE. ** THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED BY BE USED FOR THAT PURPOSE. Date: November 14, 2017 David C. Walcher, Sheriff Arapahoe County Colorado By: Sgt. James Osborn Legal Notice No.: 59777 First publication: December 21, 2017 Last publication: January 18, 2018 Published in: Littleton Independent 4 West Dry Creek Circle Suite 100 Littleton, CO 80120 Public Notice DISTRICT COURT, ARAPAHOE COUNTY, COLORADO Case Number: 2017CV31205 Division: 202 Courtroom: COMBINED NOTICE OF SHERIFF'S SALE Plaintiff: Tyndall Green II Homeowners Association, Inc., v. Defendant(s): Lorena J Bruce Testamentary Trust, Lot 15, Block 1, Paula Dora Subdivision Filing No. 6, County of Arapahoe, State of Colorado Also known as: 9792 East Hawaii Place, Aurora, CO 80247 TO THE ABOVE NAMED DEFENDANTS or JUDGMENT DEBTORS,
Plaintiff: Tyndall Green II Homeowners Association, Inc., v. Defendant(s): Lorena J Bruce Testamentary Trust,
January 18, 2018J
Lot 15, Block 1, Paula Dora Subdivision Filing No. 6, County of Arapahoe, State of Colorado Also known as: 9792 East Hawaii Place, Aurora, CO 80247
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TO THE ABOVE NAMED DEFENDANTS or JUDGMENT DEBTORS, Please take notice:
You and each of you are hereby notified that a Sheriff's Sale of the referenced property is to be conducted by the Sheriff's Office of County of Arapahoe, State of Colorado at 10:00 am, on the 22nd day of February, 2018 at the Arapahoe County Sheriff's Office Civil Unit located at 13101 East Broncos Parkway, Centennial, CO, 80112, phone number (720) 874-3851, at which sale, the above described real property and improvements thereon will be sold to the highest bidder. Plaintiff makes no warranty relating to title, possession, or quiet enjoyment in and to said real property in connection with this sale.
For the purposes of paying off, curing the default, or redemption as provided by statute, intent must be directed to or conducted at the OFFICE OF THE SHERIFF, CIVIL UNIT, located at 13101 East Broncos Parkway, Centennial, CO, 80112, County of Arapahoe, State of Colorado.
**BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT TIME OF SALE. **
PLEASE NOTE THAT THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY. Judgment is in the amount of $6,011.35. Attorney for Tyndall Green Homeowners Association WesternLaw Group LLC Gabriel Stefu, #34616 9351 Grant Street #120 Thornton, CO 80229 gtefu@westernlawgroup.com DATED in Colorado this 21st day of November, 2017. David C. Walcher Sheriff of Arapahoe County, Colorado By: Sgt. James Osborn Deputy Sheriff Legal Notice No.: 59808 First Publication: December 28, 2017 Last Publication: January 25, 2018 Published In: Littleton Independent 4 West Dry Creek Circle Suite 100., Littleton, CO 80120 Public Notice DISTRICT COURT, ARAPAHOE COUNTY, COLORADO Court Address; 7325 S Potomac St Centennial, CO 80112 Case Number: 2014CV32078 Plaintiff: THE CHAMBERS RIDGE TOWNHOUSE ASSOCIATION, a Colorado non-profit corporation
Defendants: LISA LUTZ; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-2; DEE J. F. ZEITZ; B&R CHECK HOLDERS, INC.; CYNTHIA D. MARES AS PUBLIC TRUSTEE FOR ARAPAHOE C OUNTY; SUE SANDSTROM AS TREASURER FOR ARAPAHOE COUNTY; UNKNOWN TENANT(S) IN POSSESSION Plaintiff’s Attorney: Stephane R. Dupont, #39425 Gina C. Botti #42005 WINZENBURG, LEFF, PURVIS & PAYNE, LLP 8020 Shaffer Parkway, Suite 300 Littleton, CO 80127 Telephone: (303) 863-1870 Facsimile: (303) 863-1872 SHERIFF’S NOTICE OF SALE Under a Default Judgment Against Defendants Lisa Lutz, Deutsche Bank National Trust Company, Dee J.F. Zeitz, and B&R Check Holders Inc.entered on October 5, 2017, and Amended Order and Decree for Judicial Foreclosure issued July 27, 2017 in the above titled action, I am ordered to sell certain real property as follows:
Original Lienee: Lisa Lutz Original Lienor: The Chambers Ridge Townhouse Association Current Holder of the evidence of debt: The Chambers Ridge Townhouse Association Date of Lien being foreclosed: December 15, 2011 Date of Recording of Lien being foreclosed: December 16, 2011 County of Recording: Arapahoe Recording Information: D1123910 Original Principal Balance of the secured indebtedness: $3,977.80 Outstanding Principal Balance of the secured indebtedness as of the date hereof: $18,451.90 Amount of Judgment Filed October 5, 2017: $17,507.90 Description of property to be foreclosed: LOT 18, BLOCK 1, CHAMBERS RIDGE SUBDIVISION FILING NO. 1, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known as: 1930 S. Helena Street, #C, Aurora, CO 80013 THE PROPERTY TO BE FORECLOSED AS DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN.
Littleton Englewood * 4
SUBDIVISION FILING NO. 1, 8January COUNTY 18, OF2018 ARAPAHOE, STATE OF COLORADO.
Also known as: 1930 S. Helena Street, #C, Aurora, CO 80013
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THE PROPERTY TO BE FORECLOSED AS DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN. THE LIEN BEING CLOSED MAY NOT BE A FIRST LIEN. The covenants of Plaintiff have been violated as follows: failure to make payments on said indebtedness when the same were due and owing. THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on March 1, 2018, in front of the flagpole of the Arapahoe County Sheriff’s Office, Civil Unit, located at 13101 East Broncos Parkway, Centennial, CO 80112, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. **BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT TIME OF SALE.** Inquiries regarding this Sheriff’s Sale must be directed to the Civil Unit of the Arapahoe County Sheriff’s Office, telephone 720-874-3851. DATED at Centennial, Colorado this 28th day of November, 2017. David C. Walcher, Sheriff Arapahoe County, Colorado By: Sgt. James Osborn Deputy Sheriff Legal Notice No.: 59832 First Publication: January 4, 2018 Last Publication: February 1, 2018 Name of Publication: Littleton Independent 4 West Dry Creek Circle Suite 100 Littleton, CO 80120 Public Notice DISTRICT COURT, ARAPAHOE COUNTY, COLORADO 7325 South Potomac Street, Centennial, Colorado 80112 303-649-6355 In the Matter of the Petition for the Adoption of a Child RYAN JOHNSON, Petitioner, And TRAVIS LEE MOORMAN, Respondent. Attorneys for Petitioner: The Harris Law Firm P.C. Nevene Hullender 1125 17th Street, Suite 450 Denver, Colorado 80202 303-515-5000 Nevene@HarrisFamilyLaw.com Attorney Registration No. 38977 Case No: 15JA29 Division: 35 NOTICE OF ADOPTION PROCEEDING AND SUMMONS TO RESPOND PURSUANT TO §19-5-105(5), C.R.S. To the above named Respondent(s): You are hereby notified that a Petition for Adoption has been filed and if you wish to respond to the Petition, you must file your Response with the clerk of this Court within 35 days after this Notice is served on you. You may be required to pay a filing fee with your Response. The Response form (JDF 1315) can be found at www.courts.state.co.us by clicking on the “Self Help/Forms” tab.
Your failure to file a Response, or to appear, within 35 days after service, and, in the case of an alleged father, your failure to file a claim of paternity under Article 4 of Title 19, C.R.S., within 35 days after service, if a claim has not previously been filed, may likely result in termination of your parental or your alleged parental rights to the minor child.
The following documents are also served herewith: • Petition for Stepparent Adoption • Petition to Terminate the Parent-Child Legal Relationship • Affidavit of Abandonment • Consent to Adopt – Custodial Parent • Statement of Fees Charged • Affidavit of Diligent Efforts Dated: December 28, 2017. THE HARRIS LAW FIRM, P.C. By: Nevene Hullender, #38977 Attorneys for Petitioner Legal Notice No.: 59909 First Publication: December 28, 2017 Last Publication: January 25, 2018 Publisher: Littleton Independent Public Notice DISTRICT COURT, ARAPAHOE COUNTY, COLORADO Court Address: 7325 S. Potomac St. Centennial, CO 80112 Plaintiff(s): WILLOW AT HIGHLINE CONDOMINIUM ASSOCIATION, INC. Defendant(s): MARY ELLEN BLEY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for COUNTRYWIDE HOME LOANS, INC.; CYNTHIA MARES, ARAPAHOE COUNTY PUBLIC TRUSTEE; AND OCCUPANT(S) Attorney for Plaintiff(s): Name: Richard W. Johnston, Esq.
Plaintiff(s): WILLOW AT HIGHLINE CONDOMINIUM ASSOCIATION, INC. Defendant(s): MARY ELLEN BLEY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for COUNTRYWIDE HOME LOANS, INC.; CYNTHIA MARES, ARAPAHOE COUNTY PUBLIC TRUSTEE; AND OCCUPANT(S)
Misc. Private Legals
Attorney for Plaintiff(s): Name: Richard W. Johnston, Esq. Address: Tobey & Johnston, P.C. 6855 South Havana Street, Suite 275 Centennial, CO 80112-3813 Phone Number: (303) 799-8600 Fax Number: (303) 799-6977 E-mail: rjohnston@tobeyjohnston.com Atty. Reg. #: 19823 Case Number: 17CV31853 Div.: 402 SUMMONS THE PEOPLE OF THE STATE OF COLORADO TO DEFENDANT(S) NAMED ABOVE: You are summoned and required to file with the Clerk of this Court an answer or other response to the attached Complaint within twenty-one (21) days after this summons is served on you in the State of Colorado, or within thirty-five (35) days after this summons is served on you outside the State of Colorado, or within sixty-three (63) days after this summons is served upon the United States or one of its agencies. If you fail to file your answer or other response to the Complaint in writing within the applicable time period, judgment by default may be entered against you by the Court for the relief demanded in the Complaint, without any further notice to you. The following documents are also served with this Summons: Complaint in Foreclosure, District Civil Case Cover Sheet and Notice of Commencement of Action (Lis Pendens). DATE: August 21, 2017 TOBEY & JOHNSTON, P.C. By: /s/* Richard W. Johnston *Original signature on file at the office of Tobey & Johnston, P.C. This summons is issued pursuant to Rule 4, C.R.C.P., as amended. A copy of the Complaint must be served with this Summons. This form should not be used where service by publication is desired. WARNING: A VALID SUMMONS MAY BE ISSUED BY A LAWYER AND IT NEED NOT CONTAIN A COURT CASE NUMBER, THE SIGNATURE OF A COURT OFFICER, OR A COURT SEAL. THE PLAINTIFF HAS 14 DAYS FROM THE DATE THIS SUMMONS WAS SERVED ON YOU TO FILE THE CASE WITH THE COURT. YOU ARE RESPONSIBLE FOR CONTACTING THE COURT TO FIND OUT WHETHER THE CASE HAS BEEN FILED AND OBTAIN TH E C ASE N U M BER . IF T H E PLAINTIFF FILES THE CASE WITHIN THIS TIME, THEN YOU MUST RESPOND AS EXPLAINED IN THIS SUMMONS. IF THE PLAINTIFF FILES MORE THAN 14 DAYS AFTER THE DATE THE SUMMONS WAS SERVED ON YOU, THE CASE MAY BE DISMISSED UPON MOTION AND YOU MAY BE ENTITLED TO SEEK ATTORNEY'S FEES FROM THE PLAINITFF. Amended and Adopted by the Court, En Banc, October 10, 2013, effective immediately Legal Notice No.: 59870 First Publication: December 21, 2017 Last Publication: January 18, 2018 Publisher: Littleton Independent Public Notice NOTICE AS TO PROPOSED BUDGETS NOTICE IS HEREBY GIVEN that the proposed budgets for the years of 2017 and 2018 have been submitted to the Wild Plum Metropolitan District ("District"). Such proposed budgets will be considered at the organizational meeting and public hearing of the Board of Directors of the District to be held at the offices of CalAtlantic Homes, 6161 South Syracuse Way, Suite 200, Greenwood Village, Colorado, at 10:30 a.m. on Thursday, January 25, 2018. Copies of the proposed 2017 and 2018 budgets are available for public inspection at the offices of Simmons & Wheeler, P.C., 304 Inverness Way South, Suite 490, Englewood, Colorado. Any interested elector within the District may, at any time prior to final adoption of the 2017 and 2018 budgets, file or register any objections thereto. Dated: January 5, 2018 WILD PLUM METROPOLITAN DISTRICT By: /s/ Matthew R. Dalton, General Counsel Legal Notice No: 521020 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent Public Notice DISTRICT COURT, ARAPAHOE COUNTY, COLORADO 7325 South Potomac Street, Centennial, Colorado 80112 303-649-6355 In the Matter of the Petition for the Adoption of a Child RYAN JOHNSON, Petitioner, And TRAVIS LEE MOORMAN, Respondent. Attorneys for Petitioner: The Harris Law Firm P.C. Nevene Hullender 1125 17th Street, Suite 450 Denver, Colorado 80202 303-515-5000 Nevene@HarrisFamilyLaw.com Attorney Registration No. 38977 Case No: 15JA28 Division: 35
The Independent - The Herald 33
And TRAVIS LEE MOORMAN, Respondent. Attorneys for Petitioner: The Harris Law Firm P.C. Nevene Hullender 1125 17th Street, Suite 450 Denver, Colorado 80202 303-515-5000 Nevene@HarrisFamilyLaw.com Attorney Registration No. 38977 Case No: 15JA28 Division: 35
Misc. Private Legals
NOTICE OF ADOPTION PROCEEDING AND SUMMONS TO RESPOND PURSUANT TO §19-5-105(5), C.R.S. To the above named Respondent(s): You are hereby notified that a Petition for Adoption has been filed and if you wish to respond to the Petition, you must file your Response with the clerk of this Court within 35 days after this Notice is served on you. You may be required to pay a filing fee with your Response. The Response form (JDF 1315) can be found at www.courts.state.co.us by clicking on the “Self Help/Forms” tab. Your failure to file a Response, or to appear, within 35 days after service, and, in the case of an alleged father, your failure to file a claim of paternity under Article 4 of Title 19, C.R.S., within 35 days after service, if a claim has not previously been filed, may likely result in termination of your parental or your alleged parental rights to the minor child. The following documents are also served herewith: • Petition for Stepparent Adoption • Petition to Terminate the Parent-Child Legal Relationship • Affidavit of Abandonment • Consent to Adopt – Custodial Parent • Statement of Fees Charged • Affidavit of Diligent Efforts Dated: December 28, 2017. THE HARRIS LAW FIRM, P.C. By: Nevene Hullender, #38977 Attorneys for Petitioner Legal Notice No.: 59910 First Publication: December 28, 2017 Last Publication: January 25, 2018 Publisher: Littleton Independent Public Notice DISTRICT COURT, ARAPAHOE COUNTY, COLORADO 7325 S. Potomac Street Centennial, CO 80112 Plaintiff: VALLAGIO AT INVERNESS RESIDENTIAL CONDOMINIUM ASSOCIATION, INC., A NON PROFIT COLORADO CORPORATION v. Defendant(s): MERCEDES DEVITT, DONALD D. SIMPSON, UNIVERSAL LENDING CORPORATION, and CYNTHIA MARES as THE PUBLIC TRUSTEE of ARAPAHOE COUNTY, COLORADO Attorney for Plaintiff(s) NAVARO & ASSOCIATES LLC Steven Navaro #26191 94 Crown Point Pl. Castle Rock, CO 80108 Tel: 303-793-0900 Fax: 720-863-0957 Email: steve@navarolaw.com Case Number: 2017CV32610 Ctrm/Div: 21 SUMMONS BY PUBLICATION THE PEOPLE OF THE STATE OF COLORADO TO THE FOLLOWING DEFENDANTS: Mercedes Devitt: You are hereby summoned and required to appear and defend against the claims of the complaint filed with the court in this action, by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within 35 days after the service of this Summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court. If you fail to file your answer or other response to the complaint in writing within 35 days after the date of the last publication, judgment by default may be rendered against you by the court for the relief demanded in the complaint without further notice. This is an action of foreclosure pursuant to Rule 105, C.R.C.P. to the real property situate in Arapahoe County, Colorado and legally described as follows: Unit 10104, Building L-2, Vallagio at Inverness Residential Condominiums, according to the Condominium Map thereof recorded July 21, 2011 under Reception No. D1069132, and the Vallagio at Inverness Residential Condominium Declaration recorded April 10, 2007, under Reception No. B7045316, in the records of the Clerk and Recorder DATE FILED: December 26, 2017 NAVARO & ASSOCIATES LLC BY: /s/ Steven Navaro Steven Navaro #26191 Legal Notice No: 59985 First Publication: January 4, 2018 Last Publication: February 1, 2018 Publisher: Littleton Independent
City and County Public Notice
CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING January 31, 2018 at 11:00 A.M. REGARDING AN APPLICATION FOR A HOTEL & RESTAURANT LIQUOR LICENSE Notice is hereby given that there will be a public hearing on Wednesday, January 31, 2018 at 11:00 a.m., Englewood Civic Center, Council Chambers, 1000 Englewood Parkway, Englewood, Colorado, to consider an application for a new Hotel & Restaurant Liquor License for Duffer Haus LLC dba Duffer Haus, 3470 South Broadway, Englewood, Colorado 80113. Brian Meadows, owner/manager 4664 E. 135th Ave, Thornton CO 80214
Public comment will be heard at the hearing or written communications regarding the issuance of this license may be submitted to the City Clerk, 1000 Englewood Parkway, Englewood, Colorado 80110 by Janaury 30, 2018 at 5:00 p.m. By order of the Liquor and Marijuana Licensing Authority of the City of Englewood, Colorado. /s/ Jackie McKinnon Deputy City Clerk Legal Notice No.: 521026 Published: January 18,18, 2018 First Publication: January 2018 Last Publication: January 18, 2018 Englewood Herald Publisher: The Englewood Herald Llpublic hearing new app for herald and the Littleton Independent
Public Notice
City Public andNotice County
PANORAMA METROPOLITAN DISTRICT NOTICE OF VACANCY ON THE BOARD OF DIRECTORS OF THE PANORMA METROPOLITAN DISTRICT
TO WHOM IT MAY CONCERN, and particularly to the electors of the Panorama Metropolitan District of the County of Arapahoe, Colorado.
NOTICE IS HEREBY GIVEN pursuant to Section 32-1-808, C.R.S., that a vacancy currently exists on the Board of Directors of the Panorama Metropolitan District (“District”). Any qualified, eligible elector of the District interested in filling such vacancy and serving on the Board of Directors should file a Letter of Interest with the Board on or before the close of business on January 29, 2018.
Letters of Interest are available and can be obtained from the Panorama Metropolitan District, c/o AJ Beckman at Special District Management Services, Inc., 141 Union Boulevard, Suite 150, Lakewood, CO 80228, (303) 987-0835. PANORAMA METROPOLITAN DISTRICT By: /s/ AJ Beckman Secretary Legal Notice No.: 521011 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: Littleton Independent
Notice To Creditors Public Notice NOTICE TO CREDITORS Estate of Willie Ruth Harris, a/k/a W. Ruth Harris, Deceased Case Number: 17PR31203
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to District Court of Arapahoe County, Colorado on or before May 8, 2018, or the claims may be forever barred. Keith A. Gregory Personal Representative c/o Olivere Law, PLLC, 1763 Franklin Street Denver, Colorado 80218 Legal Notice No.: 521042 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: The Englewood Herald and the Littleton Independent
CITY OF SHERIDAN NOTICE OF ADOPTION OF ORDINANCE
Public Notice
On the 8th day of January, 2018, the City Council of the City of Sheridan, Colorado, approved on first reading the following Ordinance:
NOTICE TO CREDITORS Estate of C. David Conaway, a/k/a Charles David Conaway, Deceased Case Number: 2018PR30024
ORDINANCE NO. 1-2018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHERIDAN, COLORADO, APPROVING THE 4095 S. SANTA FE DRIVE REZONING APPLICATION Copies of aforesaid Ordinance are available for public inspection in the office of the City Clerk, City of Sheridan, 4101 South Federal Blvd., Sheridan, Colorado. Legal Notice No.: 521012 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: The Englewood Herald and the Littleton Independent Public Notice NOTICE OF OPPORTUNITY TO PROVIDE QUOTE 2018 SERVICE LINE REPLACEMENT PROJECT WILLOWS WATER DISTRICT ARAPAHOE COUNTY, COLORADO NOTICE IS HEREBY GIVEN, pursuant to C.R.S. 32-1-1001(1)(D)(I), that Willows Water District is soliciting quotes for a Service Line Replacement Project for 2018. Be advised, to-wit: a) Willows Water District will review proposals received prior to 5:00 pm February 2, 2018, at 6930 South Holly Circle, Centennial, Colorado 80112-1018; and b) The proposal requirements are available at, to-wit: 6930 South Holly Circle Centennial, Colorado 80112-1018 Tel: 303-770-8625 Dated this 10th day of January 2018. BY ORDER OF THE BOARD OF DIRECTORS OF THE WILLOWS WATER DISTRICT Legal Notice No.: 521027 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: The Englewood Herald Littleton Independent and the Centennial Citizen Public Notice PANORAMA METROPOLITAN DISTRICT NOTICE OF VACANCY ON THE BOARD OF DIRECTORS
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to District Court of Arapahoe County, Colorado on or before May 8, 2018, or the claims may be forever barred. John G. Conaway Personal Representative c/o Olivere Law, PLLC, 1763 Franklin Street Denver, Colorado 80218
“Trust Us!”
Legal Notice No.: 521043 First Publication: January 18, 2018 Last Publication: February 1, 2018 Publisher: The Englewood Herald and the Littleton Independent
Without public notices, the government wouldn’t have to say anything else.
Public notices are a community’s window into the government. From zoning regulations to local budgets, governments have used local newspapers to inform citizens of its actions as an essential part of your right to know. You know where to look, when to look and what to look for to be involved as a citizen. Local newspapers provide you with the information you need to get involved.
Notices are meant to be noticed. Read your public notices and get involved!
Littleton Englewood * 5
34 The Independent - The Herald
January 18, 2018J Public Notice
DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2017 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 DECEMBER 2017 for each County affected. 16CW3196; East Cherry Creek Valley Water and Sanitation District, acting by and through the East Cherry Creek Valley Water and Sanitation District Water Activity Enterprise, Inc. (“ECCV”), c/o David Kaunisto, General Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, Telephone: (303) 693-3800; United Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. Telephone: (303) 775-1005. The above listed parties shall be collectively referred to as the “Applicants.” SECOND AMENDED APPLICATION FOR CONDITIONAL WATER RIGHTS, APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, APPROPRIATION OF HISTORICAL RETURN FLOWS, AND CHANGE OF WATER RIGHTS IN ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN AND WELD COUNTIES.. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ECCV), Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, (Attorneys for United). 2. Background. ECCV has developed an integrated system for the diversion, accretion, collection, storage, transmission, and treatment of its water rights. This integrated system, which is also referred to as the “Water Supply Project” or the “Northern Project,” is designed to provide ECCV with a long-term, sustainable municipal water supply for its service area located in Arapahoe County. A map of ECCV’s service area is attached as Exhibit 1. According to ECCV’s Water Conservation Plan, at full build-out ECCV will require, on average, up to approximately 16,000 acre-feet per year of raw water supply, and up to approximately 24,000 acre-feet in years when delivering water to its aquifer storage and recovery program. The water appropriated according to this decree is necessary to help ECCV meet those projected needs. The conditional water rights claimed herein and operation of the exchanges are necessary to replace out-of-priority depletions resulting from ECCV’s pumping of the ACWWA/ECCV Well Field in the Beebe Draw (the “ACWWA/ECCV Well Field”) and/or historical return flow obligations owed to the South Platte River. A map showing the locations of the structures described in this Application is attached as Exhibit 2. United will construct structures described below as part of satisfying its contractual obligations to ECCV for the Water Supply Project. 3. Description of Conditional Water Storage Rights. 3.1. ECCV Binder Reservoir Storage Right. 3.1.1. Name of Structure. Binder Reservoir (a/k/a “Brighton Lateral Reservoir”). 3.1.2. Location. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3. Diversion Structures. 3.1.3.1. United Diversion Facility No. 3 (up to 40 cfs). The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Brighton Lateral through a turn-out in the Beebe Pipeline. Water is conveyed to Binder Reservoir through the Brighton Lateral. 3.1.3.2. Burlington Canal (a/k/a “Burlington/O’Brien Canal”) (up to 50 cfs). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Water is delivered from the Burlington Canal to the Brighton Lateral. Water is conveyed to Binder Reservoir through the Brighton Lateral. 3.1.3.3. Binder Pipeline (up to 30 cfs). Binder Pipeline will divert water from the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.4. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Binder Reservoir in which ECCV is legally permitted to divert water. 3.1.4. Source. South Platte River. 3.1.5. Amount Claimed. 1,350 acre-feet, conditional, with the right to one refill in the amount of 1,350 acre-feet per year, conditional. 3.1.6. Date of Appropriation. December 8, 2016. 3.1.7. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.1.8. Date Water First Applied to Beneficial Use. Not applicable. 3.1.9. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Binder Reservoir Storage Right as follows: 3.1.9.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Binder Reservoir Storage Right as a source of replacement water in the ACWWA/ECCV Augmentation Plans approved in the decrees entered in Case Nos. 02CW403 (“403 Decree”) and 02CW404/03CW442 (“404/442 Decree”) to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. ECCV will also use the ECCV Binder Reservoir Storage Right directly or as a source of substitute supply for the 70 Ranch Augmentation
Plan pursuant to the terms and conditions of the 403/442 Decree. ECCV will also use the ECCV Binder Reservoir Storage Right as a source of replacement water in the augmentation plan decreed in Case No. 13CW3026, as well as in any future plans for augmentation. 3.1.9.2. Use in ECCV’s Recharge Projects including Aquifer Storage and Recovery and Aquifer Recharge and Recovery. ECCV seeks to use the ECCV Binder Reservoir Storage Right for recharge (including aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 Decree, as amended by the decree entered in Case No. 10CW306 (“306 Decree”). In addition, ECCV seeks to use the ECCV Binder Reservoir Storage Right for recharge (including aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 3.1.9.3. Use in ECCV’s Exchange. ECCV will use the ECCV Binder Reservoir Storage Right for substitution and exchange as provided in the 404/442 Decree and the decrees entered in Case Nos. 11CW285 (“285 Decree”) and 11CW280 (“280 Decree”). ECCV also seeks to use the ECCV Binder Reservoir Storage Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 3.1.9.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Binder Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers, or their tributaries. 3.1.9.5. Alternate Places of Storage. ECCV also seeks to store the ECCV Binder Reservoir Storage Right in the following surface storage facilities: 3.1.9.5.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.1.9.5.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.1.9.5.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.6. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.7. Serfer Pit, an off-channel reservoir located in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.1.9.5.8. Any existing or future storage facility in which ECCV is legally permitted to store water. 3.1.9.6. All Municipal Uses. ECCV will use the ECCV Binder Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 3.1.9.7. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.1.9.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Binder Reservoir Storage Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Binder Reservoir Storage Right as a source of supply or replacement water. 3.1.10. Total Capacity. Binder Reservoir has a planned total capacity of 3,800 acre-feet (with 4 feet of freeboard). 3.1.11. Name and Addresses of the Owner of Binder Reservoir and the Diversion Facility Used to Fill Binder Reservoir. 3.1.11.1. River Water Development Authority (“PRWDA”), 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.1.11.2. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 3.1.11.3. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 3.2. ECCV Serfer Pit Storage Right. 3.2.1. Name of Structure. Serfer Pit. 3.2.2. Location. Serfer Pit is located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.2.3. Diversion Structure. A pump currently delivers water into Serfer Pit. A permanent pump and pipe to and from the Cache La Poudre River will be placed in the southwest corner of Serfer Pit, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado, and any other existing facilities or facilities constructed in the future capable of deliv-
ering water to Serfer Pit in which ECCV is legally permitted to deliver water. 3.2.4. Source. Cache la Poudre River. 3.2.5. Amount Claimed. 10 acre-feet fill, conditional, with the right to one refill in the amount of 10 acre-feet per year, conditional. 3.2.6. Date of Appropriation. December 8, 2016. 3.2.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.2.7. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Serfer Pit Storage Right for the same uses as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ECCV seeks to store the water in Binder Reservoir, which is an offchannel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.2.8. Name and Addresses of the Owner of the Storage Structure and the Diversion Facility Listed Above. United, 8301 W. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.3. ECCV Highlands Reservoir Storage Right. 3.3.1. Name of Structure. Highlands Reservoir. 3.3.2. Location. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 3.3.3. After water is diverted from the South Platte River it will be delivered to the Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. 3.3.3. Names of the Diversion Facilities Used to Fill Highlands Reservoir. 3.3.3.1. United Diversion Facility No. 3 (up to 100 cfs). The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington Canal, immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 3.3.3.2. Burlington Canal (a/k/a the “Burlington/O’Brien Canal”) (up to 250 cfs). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 3.3.3.3. Other Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Highlands Reservoir in which ECCV is legally permitted to divert water. 3.3.4. Source of the Water. South Platte River. 3.3.5. Amount Claimed. 1,500 acre-feet, conditional, with the right to one refill in the amount of 1,500 acre-feet per year, conditional. 3.3.6. Date of Appropriation. December 8, 2016. 3.3.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.3.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.3.7. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Highlands Reservoir Storage Right for the same uses as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ECCV seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.3.8. Name and Addresses of the Owner of the Storage Structure and the Diversion Facility Listed Above. 3.3.8.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.2. The land on which Highlands Reservoir will be located is currently owned by Highland Equities, L.L.C., 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.3.8.3. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 3.3.8.4. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 3.3.8.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 4. Description of Conditional Direct Flow Water Rights. 4.1. ECCV SPR 1 Water Right. 4.1.1. Points of Diversion. 4.1.1.1. United Diversion Facility No. 3 (up to 100 cfs). The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 4.1.1.2. Burlington Canal (a/k/a the “Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 4.1.3. Source. South Platte River. 4.1.4. Amount Claimed. 210 cfs, cumulative for all diversion points, conditional. 4.1.5. Date of Appropriation. November 30, 2017. 4.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the filing of the second amended application in this case. 4.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.1.6. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV SPR1 Water Right for the same uses as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ECCV seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.1.7. Name and Addresses of the Owner of the Diversion Structure Listed Above. 4.1.7.1. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Ag-
gregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 4.1.7.2. The Burlington Canal (a/k/a “Burlington/ O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 5. Claims for Conditional Recharge Water Rights or Plans for Augmentation. 5.1. ECCV Drouhard Recharge Right. 5.1.1. Name of Structure. Drouhard Recharge Site. 5.1.2. Recharge Location. The Drouhard Recharge Site is an off-channel recharge site located in the SE1/2 of the SE1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3. Points of Diversion. Water will be diverted from the South Platte River to the Drouhard Recharge Site from the following locations: 5.1.3.1. Farmers Independent Ditch. The Farmers Independent Ditch headgate is located in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3.2. Western Mutual Ditch. The Western Mutual Ditch headgate is located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.3. Milliken Reservoir. Water will be delivered from Milliken Reservoir through the bi-directional Drouhard Pipeline. The Drouhard Pipeline is a bi-directional pipeline that will be located parallel to County Road 40.5 from the Drouhard Pond to Milliken Reservoir. The proposed diversion structure will divert water from Milliken Reservoir, in the NE1/4 of the SE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. The points of diversion for Milliken Reservoir are described in paragraphs 6.2.3.1, below. 5.1.3.4. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to the Drouhard Recharge Site in which ECCV is legally permitted to divert water. 5.1.4. Amount Claimed. 27 cfs cumulative for all points of diversion described above, conditional. 5.1.5. Date of Appropriation. December 8, 2016. 5.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.1.6. Rediversion of Other Sources. In addition to the new recharge water right described in this paragraph 5.1 and its subparagraphs, ECCV may divert, either directly or by exchange, the water rights described in Exhibit 4 for recharge in the Drouhard Recharge Site to generate accretion credits. ECCV may also divert, directly or by exchange, any water rights and water supplies ECCV acquires in the future, at the points of diversion described in paragraph 5.1.3 and its subparagraphs, above, for delivery to the Drouhard Recharge Site to generate recharge accretions. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.1.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.1.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but are not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ECCV seeks to store the water in Binder Reservoir, which is an offchannel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.8.1. Use by ACWWA. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Drouhard Recharge Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Drouhard Recharge Right as a source of supply or replacement water. 5.1.9. Name and Addresses of the Owner of the Diversion Facilities Listed Above. 5.1.9.1. Farmers Independent Ditch. The Farmers Independent Ditch is owned by the Farmers Independent Ditch Company, 3005 W. 29th St., Suite G-1, Greeley, CO 80631. 5.1.9.2. Western Mutual Ditch. The Western Mutual Ditch is owned by the Western Mutual Ditch Company, PO Box 282, LaSalle, CO 80645. 5.1.9.3. Milliken Reservoir. Milliken Reservoir is owned by the United Milliken Reservoir Enterprise, LLC, 8301 E. Prentice Ave, Suite 100, Greenwood Village, CO 80111 and Scout Investments, LLC, 8301 E. Prentice Ave, Suite 100, Greenwood Village, CO 80111. 5.2. ECCV Brighton Lateral Recharge Right. 5.2.1. Name of Structure. Brighton Lateral. 5.2.2. Recharge Location. Recharge will occur within the Brighton Lateral. Water is delivered to the headgate of the Brighton Lateral from the diversion points from the South Platte River listed in paragraph 5.2.3, below. The headgate for the Brighton Lateral is located in the NE1/4 of the SE1/4 of Section 29, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 5.2.3. Points of Diversion. 5.2.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Brighton Lateral through a turn-out in the Beebe Pipeline. 5.2.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Water is delivered from the Burlington Canal
to the Brighton Lateral. 5.2.4. Amount Claimed. 13 cfs cumulative for all points of diversion described above, conditional. 5.2.5. Date of Appropriation. December 8, 2016. 5.2.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.2.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.2.6. Rediversion of Other Sources. In addition to the new recharge water right described in this paragraph 5.2 and its subparagraphs, ECCV may divert, either directly or by exchange, the water rights described in Exhibit 4 for recharge in the Brighton Lateral to generate accretion credits. ECCV may also divert, directly or by exchange, any water rights and water supplies ECCV acquires in the future, at the points of diversion described in paragraph 5.2.3 and its subparagraphs for delivery to the Brighton Lateral to generate recharge accretions. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.2.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow downgradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.2.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ECCV seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.2.8.1. Use by ACWWA. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Brighton Lateral Recharge Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Brighton Lateral Recharge Right as a source of supply or replacement water. 5.2.9. Name and Addresses of the Owner of the Diversion Facilities Listed Above. 5.2.9.1. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 5.2.9.2. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 5.3. ECCV Brighton Lateral Recharge Site Right. 5.3.1. Name of Structure. Brighton Lateral Recharge Site. 5.3.2. Recharge Location. The Brighton Lateral Recharge Site is an off-channel recharge site located in the S1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.3. Point of Diversion. 5.3.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Brighton Lateral through a turn-out in the Beebe Pipeline. Water is conveyed through the Brighton Lateral to the Brighton Lateral Recharge Site. 5.3.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Water is delivered from the Burlington Canal to the Brighton Lateral and thence to the Brighton Lateral Recharge Site. 5.3.4. Amount Claimed. 42 cfs cumulative for all points of diversion described above, conditional. 5.3.5. Date of Appropriation. December 8, 2016. 5.3.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.3.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.3.6. Rediversion of Other Sources. In addition to the new recharge water right described in this paragraph 5.3 and its subparagraphs, ECCV may divert, either directly or by exchange, the water rights described in Exhibit 4 for recharge in the Brighton Lateral Recharge Site Right to generate accretion credits. ECCV may also divert, directly or by exchange, any water rights and water supplies ECCV acquires in the future, at the points of diversion described in paragraph 5.3.3 and its subparagraphs, above, for delivery to the Brighton Lateral Recharge Site Right to generate recharge accretions. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.3.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.3.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ECCV seeks to store the water in Binder Reservoir, which is an offchannel reservoir located in the N1/2 of Section Continued to Next Page 521032
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8January 18, 2018 Continued From Last Page.521032 page 2 of 3 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.8.1. Use by ACWWA. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Brighton Lateral Recharge Site Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Brighton Lateral Recharge Site Right as a source of supply or replacement water. 5.3.9. Name and Addresses of the Owner of the Diversion Facilities Listed Above. 5.3.9.1. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 5.3.9.2. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. APPROPRIATIVE RIGHTS OF EXCHANGE The 2017 ECCV South Platte River and St. Vrain Creek Exchange, the 2016 ECCV Cache la Poudre Exchange, and the 2016 ECCV Beebe Canal Exchange, further described below, are collectively referred to in this Application as the “2016 ECCV Exchanges.” 6. Claim for Appropriative Rights of Substitution and Exchange- 2016 ECCV South Platte River and St. Vrain Creek Exchange. 6.1. Exchange-From Points. 6.1.1. SPR Reach 5. 6.1.1.1. Downstream End Point of South Platte River Reach 5 Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West, of the 6th P.M., Morgan County, Colorado. ECCV does not seek to exchange water up Beaver Creek. For purposes of the appropriative rights of exchange decreed herein, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 17.1.8 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said Section 13. 6.1.1.2. Teague Return Pipeline. United has an easement to use an existing pipeline that extends from a parcel located approximately ten miles south of the Fort Morgan Canal and crosses underneath the Cana in the NE1/4 of the SW1/4 of Section 13, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado, and discharges to the South Platte River in the SW1/4 of the NW1/4 of Section 30, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 6.1.1.3. Fort Morgan Canal Quantification Point. The location where return flow accretions and future recharge accretions from the Fort Morgan farms will accrue to the South Platte River above the Lower Platte & Beaver headgate, located in the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 57 West, 6th P.M., Morgan County Colorado. 6.1.1.4. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 6.1.1.5. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 NE1/4 of said Section 3. 6.1.1.6. ECCV 70 Ranch Recharge Project Quantification Point. The ECCV 70 Ranch Recharge Project was decreed at paragraphs 34-38 of the 404/442 Decree. The Quantification Point for recharge accretions from the ECCV 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ECCV 70 Ranch Recharge Project accrue to the South Platte River at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. 6.1.2. SPR Reach 4. 6.1.2.1. Downstream End Point of South Platte River Reach 4 – Bijou Canal Headgate. SPR Reach 4 was decreed at paragraph 17.1.7 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate, located on the south bank of the South Platte River in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said Section 13. 6.1.2.2. Hardin Seep. Located in the NW1/4 of the NW1/4 of Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.2.3. 70 Ranch Reservoir. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The preliminarily designed outlet structure for 70 Ranch Reservoir will allow releases from 70 Ranch Reservoir by gravity flow back to the South Platte River at a point in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.2.4. Illinois Ditch Augmentation Station. The
point at which water released through the Illinois Ditch augmentation station returns to the South Platte River is located in the NW1/4 of the NW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3. SPR Reach 3. 6.1.3.1. Downstream End Point of South Platte River Reach 3 – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 17.1.6 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3.2. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ECCV intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River and deliver the substitute supplies from said Canal to Crow Creek in the NW1/4 of the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.3. Ogilvy Ditch Augmentation Station. An existing augmentation structure near where the Ogilvy Ditch bifurcates located in the NW1/4 of the NE1/4 of Section 9, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the NE1/4 of the NW1/4 of Section 15, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. 6.1.3.4. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ECCV intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River to Lone Tree Creek, in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.5. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. ECCV will deliver its sources of substitute supply to the confluence of the Cache la Poudre River and the South Platte River by conveying certain sources of substitute supply, as described in Exhibit 4, down the Cache la Poudre River including its tributaries. 6.1.4. SPR Reach 2. 6.1.4.1. Downstream End Point of South Platte River Reach 2– Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 17.1.5 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.2. Milliken Reservoir Outlet Structures. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; (4) North Diversion structure located on the South Platte River downstream of the confluence with the St. Vrain River in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado; (5) Pump Station No. 1 located at SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (6) Pump Station No. 2 located in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado near the confluence of the St. Vrain and South Platte Rivers. 6.1.4.3. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion, described below. 6.1.4.4. Haren Recharge Accretions and Release. The point at which water recharged or discharged at the Haren Recharge Site accretes to the South Platte River is located in the SW1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.4.5. Drouhard Recharge Accretions and Release. The location at which water recharged or discharged at the Drouhard Recharge Site accretes to the South Platte River is located in the E1/2 of the SE1/4 of Section 24, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.4.6. Brownwood Augmentation Station. Located in the NW1/4 of Section 25, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 4.6 miles down ditch from the Western Mutual Ditch headgate. 6.1.4.7. Farmers Independent Ditch Pipeline. Located in the NE1/4 of the SE1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5. SPR Reach 1. 6.1.5.1. Downstream End Point of South Platte River Reach 1– FIDCo Upper Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.5.2. Binder Pipeline. Located in the NW1/4 of Section 18, Township 1
North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3. Brighton Lateral and Brighton Lateral Recharge Site Accretions. Accretions from water recharged in the Brighton Lateral and Brighton Lateral Recharge Site will accrue to the South Platte River and will be quantified at the following locations: 6.1.5.3.1. Upper Brighton Lateral Quantification Point. Located above the Brighton Ditch headgate, which is located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.1.5.3.2. Middle Brighton Lateral Quantification Point. Located above the Lupton Bottom Ditch headgate, which is located in the NW 1/4 of the SW 1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3.3. Lower Brighton Lateral Quantification Point. Located above the Platteville Ditch headgate, which is located in the SE 1/4 of the SE 1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.1.5.4. Fulton Irrigating Ditch Augmentation Stations. ECCV will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) Upper Augmentation Station is located in the SE1/4 NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., and delivers water to the South Platte River in the SE1/4 of the NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M.; (2) Ft. Lupton Augmentation Station is located in the NW 1/4 of Section 9, Township 1 North, Range 66 West of the 6th P.M., and delivers water to the South Platte River in the NW1/4 SE1/4 of Section 31, Township 2 North, Range 66 West of the 6th P.M.; (3) Lower Augmentation Station may be constructed at the head of the Fulton Wasteway, located in the NE1/4 of the SE1/4 of Section 28, Township 2 North, Range 66 West of the 6th P.M., and would deliver water to the South Platte River in the NW1/4 of the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M.; (4) Midland Fulton Augmentation Station is located in the SW1/4 of the NE1/4 of Section 5, Township 1 South, Range 66 West of the 6th P.M., and delivers water to the South Platte River via the City of Brighton’s North Storm Drain Outfall in or near the SE1/4 of the SW1/4 of the SW1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M.; and (5) 148th Avenue Augmentation Station on the Fulton Ditch is located on the south edge of the SW1/4 of the NW1/4 of Section 17, Township 1 South, Range 66 West of the 6th P.M., and delivers water to the South Platte River via the outlet of Ken Mitchell Lakes which is located in the SE1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M. approximately 416 feet from the South Section line and 1,071 feet from the East Section line. 6.1.5.5. United Reservoir No. 3 Discharge Point. The point of discharge from United Reservoir No. 3 to the South Platte River is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. 6.1.5.6. St. Vrain Pipeline Discharge. The point of discharge from the St. Vrain Pipeline to the South Platte River will be located in one of the following locations: (1) at a point located upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; (2) at a point upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SE1/4 of the SE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, or the SE1/4 of Section 25, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (3) at a point near the SW1/4 of the SE1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. The ExchangeFrom Points are shown on the map attached to the Application as Exhibit 2. 6.2. Exchange-To Points. 6.2.1. SPR Reach 4. 6.2.1.1. 70 Ranch Reservoir Surface Diversion. The surface diversion facility for 70 Ranch Reservoir will be located in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.2.1.2. United Diversion Facility No. 1. If an agreement with the Riverside Irrigation District and Riverside Reservoir Company (“Riverside”) is obtained, the headgate will be located at the existing headgate for the Riverside Intake Canal. The existing headgate for the Riverside Canal Intake is located on the north bank of the South Platte River in the SW1/4 of the SW1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Absent an agreement with Riverside, the headgate will be located on the north bank of the South Platte River in the S1/2 of the SW1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado between the headgate of the Riverside Intake Canal and the west section line of Section 20, Township 5 North, Range 63 West, 6th PM, at a location to be established within that reach, approximately 200 yards in extent. 6.2.2. SPR Reach 3. 6.2.2.1. Powell Spillway. Pumping depletions that accrue to the South Platte River at the Powell Spillway will replaced at the SE1/4 of the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.2.2.2. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. 6.2.3. SPR Reach 2. 6.2.3.1. Milliken Reservoir Diversion Points. Water will be diverted by exchange into Milliken Reservoir from the South Platte River at the following diversion facilities: 6.2.3.1.1. South Diversion. A point of diversion for Milliken Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado (referred to as the “South Diversion”). 6.2.3.1.2. North Diversion. A point of diversion for Milliken Reservoir may be located on the South Platte River down-
stream of the confluence with the St. Vrain River, of the 6th P.M., Weld County, Colorado. 7.1.4. in the NE1/4 of the SW1/4 of Section 26, Town- Confluence of the Cache la Poudre River and the ship 4 North, Range 67 West of the 6th P.M., Weld Orr Lateral, located in the NW1/4 of the SW1/4 of County Colorado (referred to as the “North Diver- Section 32, Township 6 North, Range 66 West of sion”). 6.2.3.1.3. Milliken Pumps. (1) Pump Sta- the 6th P.M., Weld County, Colorado. 7.1.5. F tion No. 1 located at SW1/4 of the SW1/4 of Sec- Street Release Structure. Located in the SE1/4 of tion 35, Township 4 North, Range 67 West of the the SW1/4 of Section 34, Township 6 North, 6th P.M., Weld County, Colorado; and (2) Pump Range 66 West of the 6th P.M., Weld County, Station No. 2 located in Section 34, Township 4 Colorado. 7.1.6. Confluence of the Cache la North, Range 67 West of the 6th P.M., Weld Poudre River and the Graham Seep, located in County, Colorado near the confluence of the St. the NW1/4 of the NE1/4 of Section 36, Township Vrain and South Platte Rivers. 6.2.3.1.4. West- 6 North, Range 66 West of the 6th P.M., Weld ern Mutual Ditch Headgate. The point of diver- County, Colorado. 7.1.7. 23rd Avenue Structure. sion for the Western Mutual Ditch headgate is lo- Located in the SW1/4 of the NW1/4 of Section 31, cated on the South Platte River, in the SE1/4 of Township 6 North, Range 65 West of the 6th P.M., the SW1/4 of Section 11, Township 3 North, Weld County, Colorado. 7.1.8. Confluence of the Range 67 West of the 6th P.M., Weld County, Cache la Poudre River and Eaton Draw, located Colorado. Water will be delivered to Milliken Res- in in the NE1/4 of the SW1/4 of Section 32, Townervoir through an interconnect between the West- ship 6 North, Range 65 West of the 6th P.M. Weld ern Mutual Ditch and Milliken Reservoir. 6.2.3.2. County, Colorado. 7.1.9. 16th Street Structure. Western Mutual Ditch Headgate. Described in Located in the NE1/4 NE1/4 of Section 10, Townparagraph 6.2.3.1.4, above. 6.2.4. SPR Reach ship 5 North, Range 65 West of the 6th P.M., Weld 1. 6.2.4.1. Farmers Independent Ditch Head- County Colorado. 7.1.10. Confluence of the gate. The Farmers Independent Ditch headgate Cache la Poudre River and Sand Creek, located is located on the east bank of the South Platte in the in the NE1/4 of the NW1/4 of Section 11, River in the SW1/4 of Section 19, Township 3 Township 5 North, Range 65 West of the 6th P.M., North, Range 66 West of the 6th P.M., Weld Weld County, Colorado. 7.1.11. Confluence of County, Colorado. ECCV will deliver water from the Cache la Poudre River and the South Platte the Farmers Independent Ditch headgate to the River. Located in the SW1/4 of the SW1/4 (Lot 4) Drouhard Recharge Site. 6.2.4.2. Binder Pipe- of Section 6, Township 5 North, Range 64 West of line. Binder Pipeline will divert water from the east the 6th P.M., Weld County, Colorado, the centroid bank of the South Platte River in the NW1/4 of being 590 feet from the west section line and Section 18, Township 1 North, Range 66 West of 4,760 feet from the north section line. The Exthe 6th P.M., Weld County, Colorado. Substitute change-From Points are shown on the map atsupplies exchanged and conveyed through the tached to the Application as Exhibit 2. 7.2. ExBinder Pipeline will be delivered to Binder Reser- change-To Point. 7.2.1. Serfer Pit. voir. 6.2.4.3. United Diversion Facility No. 3. Diversions from the Cache la Poudre River into United Diversion Facility No. 3 is located on the Serfer Pit will be made at the NE1/4 of the NE1/4 east bank of the South Platte River, in the SW1/4 of Section 24, Township 6 North, Range 68 West of Section 26, Township 1 South, Range 67 West of the 6th P.M., Larimer County, Colorado. The of the 6th P.M., Adams County, Colorado, located location of the Serfer Pit is shown on the map at1,636 feet east of the west line and 1,531 feet tached as Exhibit 2. 7.2.2. Greeley Canal No. 2 north of the south line of said Section 26. Substi- Headgate. Located on the northern bank of the tute supplies exchanged and diverted at the Unit- Cache la Poudre River, in the NE1/4 of Section ed Diversion Facility No. 3 will be delivered to 11, Township 6 North, Range 68 West of the 6th United Reservoir No. 3. Water stored in United P.M., Larimer County, Colorado. 7.3. Rates on Reservoir No. 3 can be delivered to Barr Lake the Appropriative Right of Exchange. 7.3.1. Exthrough the Beebe Pipeline pursuant to the 403 change Matrix. The maximum exchange rates in Decree. Water stored in Barr Lake can be deliv- cubic feet per second for the conditional approered to Milton Lake via the Beebe Draw. From priative rights of exchange are set forth in the Barr Lake the water can also be delivered through Exchange Matrix attached as Exhibit 6. 7.4. Date a drainage seep to and through the Brighton Lat- of Appropriation. December 8, 2016. 7.4.1. How eral to Binder Reservoir, or through the FRICO Appropriation was Initiated. The appropriation delivery canals in the Beebe Draw to Highlands date is based upon the Resolution passed by the Reservoir. Water can also be delivered from Unit- ECCV Board of Directors on December 8, 2016. ed No. 3 through the Beebe Pipeline to and The Notice of Appropriation was posted on Dethrough the Brighton Lateral to Binder Reservoir. cember 15, 2016, a copy of which is attached as 6.2.4.4. Burlington Canal Headgate. The Burling- Exhibit 3. 7.4.2. Date Water First Applied to Benton Canal headgate is, pursuant to a changed eficial Use. Not applicable. 7.5. Uses. Substipoint of diversion approved in the 403 Decree, tute supplies exchanged to Serfer Pit described located on the east bank of the South Platte River above and discharged to the Cache la Poudre in the NE1/4 of the SW1/4 of Section 14, Town- River may be used for the same purposes for ship 3 South, Range 68 West of the 6th P.M., City which the source water is decreed and may be and County of Denver, Colorado. Substitute sup- exchanged multiple times as necessary to place plies exchanged and diverted at the Burlington the water to its decreed uses. 7.6. Sources of Canal headgate will be delivered to Barr Lake. Substitute Supply. 7.6.1. Existing Water Rights Water stored in Barr Lake can be delivered to Mil- Portfolio. Exhibit 4 is a list of the sources of subton Lake via the Beebe Draw. From Barr Lake, the stitute supply claimed herein for the appropriative water can also be delivered through a drainage rights of exchange. 7.6.2. Future Acquired seep to and through the Brighton Lateral to Binder Sources. ECCV intends to acquire and/or lease Reservoir, or through the FRICO delivery canals additional water supplies in the future for use as a in the Beebe Draw to Highlands Reservoir. ECCV source of supply for the exchanges described in may also deliver water to recharge facilities in the this Application. To the extent that this future acBeebe Draw pursuant to the terms and conditions quired water is available at the exchange-from of the ECCV Beebe Draw Recharge Project ap- points listed above, ECCV seeks to allow such proved in the 404/442 and 306 Decrees. Water sources to serve as substitute supplies for the excan also be delivered from the Burlington Canal changes. 8. Claim for Appropriative Rights of through the Beebe Pipeline to and through the Substitution and Exchange- 2016 ECCV Beebe Brighton Lateral to Binder Reservoir. 6.2.4.5. St. Canal Exchange. 8.1. Exchange-From Points. Vrain Pipeline. The St. Vrain Pipeline will divert 8.1.1. Highlands Reservoir. Highlands Reservoir from the St. Vrain River from following two loca- is located in the Beebe Draw as described above tions: (1) 500 feet west and 200 feet north of the in paragraph 3.3.2, above. Water will be released SE corner of Section 20, Township 3 North, to the Beebe Seep Canal through the outlet works Range 67 West of the 6th P.M. Weld County, of Highlands Reservoir. The location of the outlet Colorado and (2) the NW 1/4 of the NW 1/4 of structure for Highlands Reservoir has not yet Section 10, Township 3 North, Range 67 West of been finally determined. The preliminary design the 6th P.M., Weld County, Colorado. The Ex- anticipates that Highlands Reservoir will be gravchange-To Points are shown on the map attached ity drained under Weld County Road (“WCR”) 39 to the Application as Exhibit 2. 6.3. into the existing drainage that has pipe crossings Rates on the Appropriative Rights of Exchange. of the railroad and Interstate 76, and then flows 6.3.1. Exchange Matrix. The maximum ex- west on the south side of WCR 4 to the Beebe change rates in cubic feet per second for the con- Draw in the NW1/4 of the NE1/4 of Section 31, ditional appropriative rights of exchange are set Township 1 North, Range 65 West of the 6th P.M., forth in the Exchange Matrix attached as Exhibit Weld County, Colorado. An inlet structure from 5. 6.4. Date of Appropriation. Decem- the Beebe Seep Canal, the potential locations of ber 8, 2016. 6.4.1. How Appropriation was Initi- which are described above in paragraph 3.3.3.3, ated. The appropriation date is based upon the may be designed to also deliver water from HighResolution passed by the ECCV Board of Direc- lands Reservoir to the Beebe Seep Canal, and as tors on December 8, 2016. The Notice of Appro- an outlet structure it would also be an exchangepriation was posted on December 15, 2016, a from point. 8.1.2. Milton Lake. Milton Lake is copy of which is attached as Exhibit 3. 6.4.2. located in Sections 10, 11, 14, 15, 22, and 23, Date Water First Applied to Beneficial Use. Not Township 3 North, Range 65 West of the 6th P.M., applicable. 6.5. Uses. Substitute supplies ex- Weld County, Colorado. 8.1.3. Beebe Seep Cachanged to the Exchange-To Points described nal: Accretions occur to the Beebe Seep Canal. above and discharged to the South Platte River To the extent there is a live stream in the Beebe may be used for the same purposes for which the Seep Canal accretions can be diverted by exsource water is decreed and may be exchanged change at the exchange to points described bemultiple times as necessary to place the water to low. The Exchange-From Points are shown on its decreed uses. 6.6. Sources of Substitute Sup- the map attached to the Application as Exhibit 2. ply for 2016 ECCV South Platte River and St. 8.2. Exchange-To Points. 8.2.1. Barr Lake. Barr Vrain Exchange. 6.6.1. Existing Water Rights Lake is located in portions of Sections 15, 21, 22, Portfolio. Exhibit 4 is a list of the sources of sub- 23, 26, 27, 28, and 33, Township 1 South, Range stitute supply claimed herein for the appropriative 66 West, 6th P.M., Weld County, Colorado. 8.2.2. rights of exchange. 6.6.2. Future Acquired Sourc- Toe of Barr Lake Dam. The toe of Barr Lake Dam es. ECCV intends to acquire and/or lease addi- is located in the NW1/4 of Section 23, Township 1 tional water supplies in the future for use as a South, Range 66 West, 6th P.M., Weld County, source of supply for the exchanges described in Colorado, approximately 390 feet from the north this Application. To the extent that this future ac- section line and 930 feet from the west section quired water is available at the exchange-from line of said Section 23. 8.2.3. DeSanti Headgate. points listed above, ECCV seeks to allow such The headgate for the DeSanti Parcel is located on sources to serve as substitute supplies for the ex- the DeSanti Parcel, which is located in the SE1/4 changes. 7. Claim for Appropriative Rights of of Section 11, Township 1 South, Range 66 West, Substitution and Exchange- 2016 ECCV Cache la 6th P.M., Adams County, Colorado. 8.2.4. Poudre River Exchange. 7.1. Exchange-From Bowles Seep Headgate. The headgate for the Points. 7.1.1. Serfer Augmentation Station Dis- Bowles Seep is located in the NE1/4 of the SW1/4 charge. Water will be delivered through the pro- of Section 31, Township 1 North, Range 65 West, posed Serfer Augmentation Station that will dis- 6th P.M., Weld County, Colorado. 8.2.5. East charge to the Cache la Poudre River in the SW1/4 Neres Headgate. The headgate for the East of the NW1/4 of Section 13, Township 6 North, Neres is located in the SW1/4 of the NE1/4 of Range 68 West of the 6th P.M., Larimer County, Section 10, Township 2 North, Range 65 West, Colorado. 7.1.2. Serfer Pit. Releases to the 6th P.M., Weld County, Colorado. 8.2.6. HighCache la Poudre River from Serfer Pit will be lands Reservoir Beebe Seep Canal Diversion(s). made at the NE1/4 of the NE1/4 of Section 24, The Highlands Reservoir Beebe Seep Canal diTownship 6 North, Range 68 West of the 6th P.M., version points are located in the Beebe Draw, as Larimer County, Colorado. 7.1.3. Confluence of described above in paragraph 3.3.3.3. Water will the Cache la Poudre River and the John Law be exchanged to these points from Milton Seepage Ditch, located in the SE1/4 of the NW1/4 Continued to Next Page 521032 of Section 35, Township 6 North, Range 67 West
Littleton Englewood * 7
36 The Independent - The Herald Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10.2. ECCV’s FIDCO Shares. In the decree entered in Case No. 12CW73 (“73 Decree”), ECCV changed the place and type of use of 17.5 shares of the Farmers Independent Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 10.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Farmers Independent Ditch headgate is junior to December, 2016 or there is no call from downstream of the Farmers Independent Ditch headgate, ECCV seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described above in paragraph 9.7, the historical return flow portion of its irrigation season delivery of ECCV’s FIDCO Shares and the winter return flow portion of its prior irrigation season deliveries of ECCV’s FIDCO Shares. ECCV also seeks to amend paragraph 21.4.1 of the 73 Decree as necessary to accomplish this appropriation of return flows. 10.4. Appropriation Information. 10.4.1. Date of Appropriation. December 29, 2016. 10.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 10.4.3. Date Water First Applied to Beneficial Use. Not applicable. 10.5. Source. South Platte River. 10.6. Amount Claimed. Up to 103.8 acre-feet per year, conditional. 10.7. Claimed Uses. ECCV’s claimed uses for the water attributable to the return flows associated with ECCV’s FIDCO Shares are described above in paragraph 9.7. 11. ECCV’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Weldon Valley Ditch Company (“ECCV’s Weldon Shares”). 11.1. Name of Structure. Weldon Valley Ditch, the decreed point of diversion is located on the North bank of the South Platte River, in the SW1/4 NW1/4 SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. 11.2. ECCV’s Weldon Shares. In Case No. 11CW151/05CW58 (“151 Case”), which is currently pending before this Court, ECCV is seeking to change the place and type of use of 44 shares of the Weldon Valley Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 11.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Weldon Valley Ditch headgate is junior to December, 2016 or there is no call from downstream of the Weldon Valley Ditch headgate, ECCV seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ECCV’s Weldon Shares and the winter return flow portion of its prior irrigation season deliveries of ECCV’s Weldon Shares. ECCV also seeks to amend paragraph 14.D.(1) of the Stipulated Change Decree filed with the Court in the 151 Case on December 28, 2016 as necessary to accomplish this appropriation of return flows. 11.4. Appropriation Information. 11.4.1. Date of Appropriation. December 29, 2016. 11.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 11.4.3. Date Water First Applied to Beneficial Use. Not applicable. 11.5. Source. South Platte River. 11.6. Amount Claimed. Up to 925.9 acrefeet per year, conditional. 11.7. Claimed Uses. ECCV’s claimed uses for the water attributable to the return flows associated with ECCV’s Weldon Shares are described in paragraph 9.7, above. 12. ECCV’s Independent Claim to Appropriate Return Flows Associated with its Changed Shares in Lower Latham Ditch Company (“ECCV’s Lower Latham Shares”). 12.1. Name of Structure. Lower Latham Ditch, which diverts water from the South Platte River in the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 12.2. EC-
CV’s Lower Latham Shares. Pursuant to the decree entered in Case No. 02CW404/03CW442 (“404/442 Decree”), ECCV changed its water rights associated with 6 shares in Lower Latham Ditch Company. 12.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Lower Latham Ditch headgate is junior to November 30, 2017 or there is no call from downstream of the Lower Latham Ditch headgate, ECCV seeks the right to use, reuse, successively use, and use to extinction, for all purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ECCV’s Lower Latham Shares and the winter return flow portion of its prior irrigation season deliveries of ECCV’s Lower Latham Shares. 12.4. Appropriation Information. 12.4.1. Date of Appropriation. November 30, 2017. 12.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Second Amended Application in this case was filed. 12.4.3. Date water First Applied to Beneficial Use. Not applicable. 12.5. Source. South Platte River. 12.6. Amount Claimed. Up to 966 acrefeet per year, conditional. 12.7. Claimed Uses. By this Application, ECCV seeks a decree granting the right to use the return flows associated with ECCV’s Lower Latham Shares as described in paragraph 9.7. 13. Change in Use of ECCV’s Previously Changed Water Rights. 13.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92305(3)(e), ECCV seeks to change its previouslyquantified water rights described below (collectively, the “Previously Changed Shares”) to add additional beneficial uses as described paragraph 13.3, below, as well as to add additional sources of water that can be used to replace return flow obligations associated with the Previously Changed Shares. 13.1.1. Farmers Independent Ditch Company Shares. In the 73 Decree, ECCV originally changed 17.5 Farmers Independent Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 13.1.2. Greeley Irrigation Company Shares. Pursuant to the 40 Decree, ECCV originally changed 5.472 Greeley Irrigation Company shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 13.1.3. Weldon Valley Ditch Company Shares. In the 151 Case, ECCV requests to change 44 Weldon Valley Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 13.1.4. New Cache la Poudre Irrigating Company (“NCLPIC”) and Cache la Poudre Reservoir Company (“CLPRC”) Shares. In Case No. 13CW3026, ECCV changed 16 shares in the NCLPIC and 16 shares in the CLPRC from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses as more fully described in the proposed decree in that case. 13.1.5. Lower Latham Ditch Shares. In the 404/442 Decree, ECCV changed 6 shares in the Lower Latham Ditch to use for replacement, augmentation, recharge, and substitute supply. 13.1.6. Hardin Ditch/Peterson Water Right. In the 404/442 Decree, ECCV changed a 4/23rds interest in 23/28ths of the Hardin Ditch/Peterson Water Right to use for replacement, augmentation, recharge, and substitute supply. 13.1.7. Illinois Ditch Water Right. In the 404/442 Decree, ECCV changed 7 cfs of the Illinois ditch Water Right to use for replacement, augmentation, recharge, and substitute supply. 13.2. Replacement of Return Flow Obligations. The decrees for the Previously Changed Shares require Applicants to meet historical return flow obligations in time, place, and amount, as more fully described in the relevant decrees. ECCV seeks the ability to meet these return flow obligations using any of the wa-
Adopt Me
ter rights described in Exhibit 4, so long as those rights have been decreed for use for augmentation, replacement, or substitution. Additionally, ECCV seeks the ability to use any future acquired water rights to meet these return flow obligations to the extent that future acquired sources are decreed for augmentation, replacement, or substitution purposes. 13.3. Additional Uses. To the extent the Previously Changed Shares are not already decreed for such purposes, ECCV seeks to add the following as permissible uses of the Previously Changed Shares. 13.3.1. Augmentation Plans. ECCV may use its Previously Changed Shares in the augmentation plans decreed in Case Nos. Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, the augmentation plan decreed in 13CW3026, and any future augmentation plans sought by ECCV. 13.3.2. Recharge including Aquifer Storage and Recovery and Aquifer Recharge and Recovery. ECCV may use its Previously Changed Shares for recharge (including aquifer storage and recovery and aquifer recharge and recovery) in the recharge facilities previously decreed in Case Nos. Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, the recharge facilities sought in this Application, and any other existing or future recharge facilities to which ECCV may legally recharge water. 13.3.3. Exchanges. ECCV may use its Previously Changed Shares in the exchanges previously decreed in Case Nos. 02CW404/03CW442,11CW285, and 11CW280, the exchanges sought in this Application, and any future exchanges operated or decreed by ECCV. 13.3.4. Storage. ECCV may store its Previously Changed Shares in the following surface storage structures for subsequent delivery into ACWWA’s or ECCV’s municipal system or for use as a source of augmentation, replacement, recharge, exchange or substitute supply: 13.3.4.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 13.3.4.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 13.3.4.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 13.3.4.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 13.3.4.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 13.3.4.6. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 13.3.4.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 13.3.4.8. Serfer Pit, an off-channel reservoir located in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 13.3.4.9. Any existing or future storage facility to which ECCV is legally permitted to store water. 13.3.5. Replacement of Return Flow Obligations. ECCV may use its Previously Changed Shares to replace return flows obligations associated with the Previously Changed Shares, as well as the return flow obligations of any other water rights
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changed by ECCV in the future. 13.3.6 Use by ACWWA. ECCV may lease and/or trade water attributable to the Previously Changed Shares to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the Previously Changed Shares as a source of supply or replacement water. 14. Change in Use of ECCV’s Existing Storage Water Rights. 14.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92-305(3)(e), ECCV seeks to change the previously decreed water storage rights described below (collectively, the “ECCV’s Existing Water Storage Rights”) to add additional beneficial uses as described paragraph 14.2, below. 14.1.1. Milton Lake 2003 Storage Right, adjudicated in Case No. 02CW404/03CW442 for 5,000 acre-feet each water storage year, conditional. 14.1.2. ECCV 2011 Barr Lake Water Storage Right, adjudicated in Case No. 11CW280 for 9,000 acre-feet, conditional. 14.1.3. United Reservoir No. 3 Water Storage Right, adjudicated in Case No. 11CW280 for 1,000 acre-feet, conditional. 14.1.4. Gilcrest Reservoir Water Storage Right, adjudicated in Case No. 11CW280 for 3,000 acre-feet, conditional. 14.1.5. ECCV 2014 Barr Lake Water Storage Refill Right, adjudicated in Case No. 14CW3164 for 9,000 acre-feet, conditional. 14.1.6. ECCV 2014 United Reservoir No. 3 Water Storage Refill Right, adjudicated in Case No. 14CW3164 for 1,000 acre-feet, conditional. 14.1.7. ECCV 2014 Gilcrest Reservoir Water Storage Refill Right, adjudicated in Case No. 14CW3164 for 3,000 acre-feet, conditional. 14.1.8. ECCV 70 Ranch Reservoir Water Storage Right, adjudicated in Case No. 13CW3172 for 3,000 acre-feet, conditional and a refill right in the amount of 3,000 acre-feet, conditional. 14.2. Additional Uses. To the extent ECCV’s Existing Water Storage Rights are not already decreed for such purposes, ECCV seeks to add the uses described in paragraph 13.3 and its subparagraphs, above, as permissible uses of ECCV’s Existing Water Storage Rights. (36 pages, 7 exhibits). WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY 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 JANUARY 2018 (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.
Legal Notice No.: 521032 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: Englewood Herald
PUBLIC NOTICES
Continued From Last Page.521032 page 3 of 3 Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 8.3. Rates on the Appropriative Right of Exchange. 8.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 7. 8.4. Date of Appropriation. December 8, 2016. 8.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 8.4.2. Date Water First Applied to Beneficial Use. Not applicable. 8.5. Uses. Water diverted by exchange under the 2016 ECCV Beebe Canal Exchange will be used for the same purposes for which the source water is decreed and may be exchanged multiple times as necessary to place the water to its decreed uses. 8.6. Sources of Substitute Supply. 8.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 8.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ECCV seeks to allow such sources to serve as substitute supplies for the exchanges. 9. ECCV’s Independent Claim to Appropriate Return Flows Associated with its Changed Shares in the Greeley Irrigation Company (“ECCV’s GIC Shares”). 9.1. Name of Structure. Greeley Canal No. 3, the decreed headgate location of which is on the South side of the Cache la Poudre River, in the NW1/4 of the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 9.2. ECCV’s GIC Shares. By the decree entered in Case No. 06CW40 (“40 Decree”), ECCV changed the place and type of use of 5.472 shares of the Greeley Irrigation Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 9.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Greeley Canal No. 3 headgate is junior to December, 2016 or there is no call from downstream of the Greeley Canal No. 3 headgate, ECCV seeks the right to use, reuse, successively use, and use, to extinction, for all of the purposes described in paragraph 9.7, below, the historical return flow portion of its irrigation season delivery of ECCV’s GIC Shares and the winter return flow portion of its prior irrigation season deliveries of ECCV’s GIC Shares. ECCV also seeks to amend paragraph 16.3 of the 40 Decree as necessary to accomplish this appropriation of return flows. 9.4. Appropriation Information. 9.4.1. Date of Appropriation. December 29, 2016. 9.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 9.4.3. Date Water First Applied to Beneficial Use. Not applicable. 9.5. Source. Cache la Poudre River. 9.6. Amount Claimed. Up to 51.45 acre-feet per year, conditional. 9.7. Claimed Uses. By this Application, ECCV seeks a decree granting the right to use the return flows associated with ECCV’s GIC Shares as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ECCV seeks to store this water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10. ECCV’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Farmers Independent Ditch Company (“ECCV’s FIDCO Shares”). 10.1. Name of Structure. Farmers Independent Ditch, the decreed headgate is located on the east bank of the South Platte River in the SW1/4 of Section 19,
January 18, 2018J
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The Independent - The Herald 37
8January 18, 2018 Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2017 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 DECEMBER 2017 for each County affected. 16CW3195; Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Steve Witter, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830; United Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 775-1005. The above listed parties shall be collectively referred to as the “Applicants.” SECOND AMENDED APPLICATION FOR CONDITIONAL WATER RIGHTS, APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, APPROPRIATION OF HISTORICAL RETURN FLOWS, AND CHANGE OF WATER RIGHTS IN ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ACWWA), Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, (Attorneys for United). 2. Background. On December 15, 2009, ACWWA entered into an Intergovernmental Agreement (“IGA”) with East Cherry Creek Valley Water and Sanitation District (“ECCV”) and United to provide for ACWWA’s participation in ECCV’s integrated system for the diversion, accretion, collection, storage, transmission, and treatment of ECCV’s water rights (“Water Supply Project”). The Water Supply Project (a/k/a the “ACWWA Flow Project”) is now designed to provide ECCV and ACWWA with a long-term, sustainable municipal water supply for its service area located in Arapahoe and Douglas Counties, Colorado. A map of ACWWA’s service area is attached as Exhibit 1. At full buildout, ACWWA’s projected water demand is approximately 10,275 acre-feet per year. The water appropriated herein is necessary to help ACWWA meet its projected water demand. The conditional water rights claimed herein and operation of the exchanges are necessary to replace out-of-priority depletions resulting from ACWWA’s pumping of the ACWWA/ECCV Well Field in the Beebe Draw (the “ACWWA/ECCV Well Field”) and/or historical return flow obligations owed to the South Platte River. A map showing the locations of the structures described in this Application is attached as Exhibit 2. United will construct structures described below as part of satisfying its contractual obligations to ACWWA for the Water Supply Project. 3. Description of Conditional Water Storage Rights. 3.1. ACWWA Binder Reservoir Storage Right. 3.1.1. Name of Structure. Binder Reservoir (a/k/a the “Brighton Lateral Reservoir”). 3.1.2. Location. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3. Diversion Structures. 3.1.3.1. United Diversion Facility No. 3 (up to 40 cfs). The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Brighton Lateral through a turn-out in the Beebe Pipeline. Water is conveyed to Binder Reservoir through the Brighton Lateral. 3.1.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”) (up to 50 cfs). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Water is delivered from the Burlington Canal to the Brighton Lateral. Water is conveyed to Binder Reservoir through the Brighton Lateral. 3.1.3.3. Binder Pipeline (up to 30 cfs). Binder Pipeline will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.4. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Binder Reservoir in which ACWWA is legally permitted to divert water. 3.1.4. Source. South Platte River. 3.1.5. Amount Claimed. 2,450 acre-feet, conditional, with the right to one refill in the amount of 2,450 acre-feet per year, conditional. 3.1.6. Date of Appropriation. December 14, 2016. 3.1.7. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.1.8. Date Water First Applied to Beneficial Use. Not applicable. 3.1.9. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Binder Reservoir Storage Right as follows: 3.1.9.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right as a source of replacement water in the ACWWA Augmentation Plans approved in the decree entered in Case No. 10CW306 (“306 Decree”) and the augmentation plan decreed in Case No. 13CW3026. In addition, ACWWA seeks to use the ACWWA Binder Reservoir Storage Right as a source of replacement water in any future plans for augmentation. 3.1.9.2. Use in ACWWA’s Recharge Projects including Aquifer Storage and Recovery and Aquifer Recharge and Recovery. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right for recharge (in-
cluding aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Binder Reservoir Storage Right for recharge (including aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 3.1.9.3. Use in ACWWA’s Exchange. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right either directly or following storage, as a source of substitute supply for the appropriative right of exchange approved in the decree entered in Case No. 09CW283 (“283 Decree”). ACWWA also seeks to use the ACWWA Binder Reservoir Storage Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 3.1.9.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River, or their tributaries. 3.1.9.5. Alternate Places of Storage. ACWWA also seeks to store the ACWWA Binder Reservoir Storage Right in the following surface storage facilities: 3.1.9.5.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35,Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.1.9.5.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.1.9.5.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.6. Highlands Reservoir, an offchannel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.7. Serfer Pit, an off-channel reservoir located in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.1.9.5.8. Any existing or future storage facility in which ACWWA is legally permitted to store water. 3.1.9.6. All Municipal Uses. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 3.1.9.7. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ACWWA claims the right to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.1.9.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Binder Reservoir Storage Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case Nos. 11CW285 and 11CW280, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Binder Reservoir Storage Right as a source of supply or replacement water. 3.1.10. Total Capacity. Binder Reservoir has a planned total capacity of 3,800 acre-feet (with 4 feet of freeboard). 3.1.11. Name and Addresses of the Owner of Binder Reservoir and the Diversion Facility Used to Fill Binder Reservoir. 3.1.11.1. Platte River Water Development Authority (“PRWDA”), 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.1.11.2. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 3.1.11.3. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) and the Beebe Seep Canal are owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 3.2.ACWWA Serfer Pit Storage Right. 3.2.1. Name of Structure. Serfer Pit. 3.2.2. Location. Serfer Pit is located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.2.3. Diversion Structure. A pump currently delivers water into Serfer Pit. A permanent pump and pipe to and from the Cache La Poudre River will be placed in the southwest corner of Serfer Pit, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, and any other existing facilities or facilities constructed in the future capable of delivering water to Serfer Pit in which ACWWA is legally permitted to divert water. 3.2.4. Source. Cache la Poudre River. 3.2.5. Amount Claimed. 272 acre-feet fill, conditional, with the right to one refill in the amount of 272 acre-feet per year, con-
ditional. 3.2.6. Date of Appropriation. December 14, 2016. 3.2.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.2.7. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Serfer Pit Storage Right for the same uses as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.2.8. Name and Addresses of the Owner of Serfer Pit and the Diversion Facility Used to Fill Serfer Pit. United Water and Sanitation District, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3. ACWWA Highlands Reservoir Storage Right. 3.3.1. Name of Structure. Highlands Reservoir. 3.3.2. Location. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 3.3.3. After water is diverted from the South Platte River it will be delivered to Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. 3.3.3. Names of the Diversion Facilities Used to Fill the Reservoir. 3.3.3.1. United Diversion Facility No. 3 (up to 100 cfs). The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington Canal, immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 3.3.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”) (up to 250 cfs). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 3.3.3.3. Other Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Highlands Reservoir in which ACWWA is legally permitted to divert water. 3.3.4. Source of the Water. South Platte River. 3.3.5. Amount Claimed. 1,500 acre-feet, conditional, with the right to one refill in the amount of 1,500 acre-feet per year, conditional. 3.3.6. Date of Appropriation. December 14, 2016. 3.3.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.3.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.3.7. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Highlands Reservoir Storage Right for the same uses as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.3.8. Name and Addresses of the Owner of Highlands Reservoir and the Diversion Facility Used to Fill Highlands Reservoir. 3.3.8.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.2. The land on which Highlands Reservoir will be located is currently owned by Highland Equities, L.L.C., 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.3. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United Water and Sanitation District. 3.3.8.4. The Burlington Canal (a/k/a “Burlington/ O’Brien Canal”) and the Beebe Seep Canal are owned by FRICO, 80 South 27th Avenue, Brighton, Colorado 80601. 3.3.8.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 3.4. ACWWA Barr Lake Storage Right. 3.4.1. Name of Structure. Barr Lake. 3.4.2. Location. Barr Lake is an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.4.3. Diversion Structures. 3.4.3.1. United Diversion Facility No. 3 (up to 100 cfs). The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington Canal, immediately above Barr Lake. 3.4.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”) (up to 900 cfs). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 3.4.4. Source. South Platte River. 3.4.5. Amount Claimed. 3,000 acre-feet, conditional, with a right to one refill in the amount of 3,000, conditional. 3.4.6. Date of Appropriation. November 30, 2017. 3.4.7. How Appropriation was Initiated. The appropriation date is based on the filing of the second amended application in this case. 3.4.8. Date Water First Applied to Beneficial Use. N/A. 3.4.9. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Barr Lake Storage Right for the same uses as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado. 3.4.10. Name and Addresses of the Owner of Barr Lake and the Diversion Facilities Used to Fill Barr Lake. 3.4.10.1. Barr Lake and the canals which will be used to deliver water to Barr Lake are owned by FRICO. 3.4.10.2. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado 80601. 3.4.10.3. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United Water and Sanitation District. 4. Description of Conditional Direct Flow Water Rights. 4.1. ACWWA SPR 1 Water Right. 4.1.1. Points of Diversion. 4.1.1.1. United Diversion Facility No. 3 (up to 100 cfs). The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 4.1.1.2. Burlington Canal (a/k/a the “Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 4.1.3. Source. South Platte River. 4.1.4. Amount Claimed. 176 cfs, cumulative for all diversion points, conditional. 4.1.5. Date of Appropriation. November 30, 2017. 4.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Filing of the second amended application in this case. 4.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.1.6. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA SPR1 Water Right for the same uses as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.1.7. Name and Addresses of the Owner of the Diversion Structure Listed Above. 4.1.7.1. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 4.1.7.2. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 5. Claim for Conditional Recharge Water Rights or Plans for Augmentation. 5.1. ACWWA Drouhard Recharge Right. 5.1.1. Name of Structure. Drouhard Recharge Site. 5.1.2. Recharge Location. The Drouhard Recharge Site is an offchannel recharge site located in the SE 1/2 of the SE1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3. Points of Diversion. Water will be diverted from the South Platte River to the Drouhard Recharge Site from the following locations: 5.1.3.1. Farmers Independent Ditch. The Farmers Independent Ditch headgate is located in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3.2. Western Mutual Ditch. The Western Mutual Ditch headgate is located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.3. Milliken Reservoir. Water will be delivered from Milliken Reservoir through the bi-directional Drouhard Pipeline. The Drouhard Pipeline is a bi-directional pipeline that will be located parallel to County Road 40.5 from the Drouhard Pond to Milliken Reservoir. The proposed diversion structure will divert water from the Milliken Reservoir in the NE1/4 of the SE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. The points of diversion for Milliken Reservoir are described in paragraphs 6.2.3.1, below. 5.1.3.4. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to the Drouhard Recharge Site in which ACWWA is legally permitted to divert water. 5.1.4. Amount Claimed. 27 cfs cumulative for all points of diversion described above, conditional. 5.1.5. Date of Appropriation. December 14, 2016. 5.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.1.6. Rediversion of Other Sources. In addition to the new recharge water right described in this paragraph 5.1 and its subparagraphs, ACWWA may divert, either directly or by exchange, the water rights described in Exhibit 4 for recharge in the Drouhard Recharge Site to generate accretion credits. ACWWA may also divert, directly or by exchange, any water rights and water supplies ACWWA acquires in the future, at the points of diversion described in paragraph 5.1.3 and its subparagraphs for delivery to the Drouhard Recharge Site to generate recharge accretions. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.1.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.1.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.8.1. Use by ECCV. ACWWA may also lease and/or trade recharge accretions from the ACWWA Drouhard Recharge Right to ECCV for use in ECCV’s aug-
mentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case Nos. 11CW285 and 11CW280, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Drouhard Recharge Right as a source of supply or replacement water. 5.1.9. Name and Addresses of the Owner of the Diversion Facilities Listed Above. 5.1.9.1. Farmers Independent Ditch. The Farmers Independent Ditch is owned by the Farmers Independent Ditch Company, 3005 W. 29th St., Suite G-1, Greeley, CO 80631. 5.1.9.2. Western Mutual Ditch. The Western Mutual Ditch is owned by the Western Mutual Ditch Company, PO Box 282, LaSalle, CO 80645. 5.1.9.3. Milliken Reservoir. Milliken Reservoir is owned by the United Milliken Reservoir Enterprise, LLC, 8301 E. Prentice Ave, Suite 100, Greenwood Village, CO 80111 and Scout Investments, LLC, 8301 E. Prentice Ave, Suite 100, Greenwood Village, CO 80111. 5.2. ACWWA Brighton Lateral Recharge Right. 5.2.1. Name of Structure. Brighton Lateral. 5.2.2. Recharge Location. Recharge will occur within the Brighton Lateral. Water is delivered to the headgate of the Brighton Lateral from the diversion points from the South Platte River listed in paragraph 5.2.3, below. The headgate for the Brighton Lateral is located in the NE1/4 of the SE1/4 of Section 29, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 5.2.3. Points of Diversion. 5.2.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Brighton Lateral through a turn-out in the Beebe Pipeline. 5.2.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Water is delivered from the Burlington Canal to the Brighton Lateral. 5.2.4. Amount Claimed. 13 cfs cumulative for all points of diversion described above, conditional. 5.2.5. Date of Appropriation. December 14, 2016. 5.2.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.2.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.2.6. Rediversion of Other Sources. In addition to the new recharge water right described in this paragraph 5.2 and its subparagraphs, ACWWA may divert, either directly or by exchange, the water rights described in Exhibit 4 for recharge in the Brighton Lateral to generate accretion credits. ACWWA may also divert, directly or by exchange, any water rights and water supplies ACWWA acquires in the future, at the points of diversion described in paragraph 5.2.3 and its subparagraphs, above, for delivery to the Brighton Lateral to generate recharge accretions. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.2.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.2.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.2.8.1. Use by ECCV. ACWWA may also lease and/or trade recharge accretions from the ACWWA Brighton Lateral Recharge Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285 and 11CW280, as well as the recharge projects and exchanges sought in Case Nos. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Recharge Right as a source of supply or replacement water. 5.2.9. Name and Addresses of the Owner of the Diversion Facilities Listed Above. 5.2.9.1. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 5.2.9.2. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 5.3. ACWWA Brighton Lateral Recharge Site Right. 5.3.1. Name of Structure. Brighton Lateral Recharge Site. 5.3.2. Recharge Location. The Brighton Lateral Recharge Site is an off-channel recharge site located in the S1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.3. Points of Diversion. 5.3.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Continued to Next Page 521033
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38 The Independent - The Herald Continued From Last Page.521033 page 2 of 3 Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Brighton Lateral through a turn-out in the Beebe Pipeline. Water is conveyed through the Brighton Lateral to the Brighton Lateral Recharge Site. 5.3.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Water is delivered from the Burlington Canal to the Brighton Lateral and thence to the Brighton Lateral Recharge Site. 5.3.4. Amount Claimed. 42 cfs cumulative for all points of diversion described above, conditional. 5.3.5. Date of Appropriation. December 14, 2016. 5.3.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.3.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.3.6. Rediversion of Other Sources. In addition to the new recharge water right described in this paragraph 5.3 and its subparagraphs, ACWWA may divert, either directly or by exchange, the water rights described in Exhibit 4 for recharge in the Brighton Lateral Recharge Site Right to generate accretion credits. ACWWA may also divert, directly or by exchange, any water rights and water supplies ACWWA acquires in the future, at the points of diversion described in paragraph 5.3.3 and its subparagraphs, above, for delivery to the Brighton Lateral Recharge Site Right to generate recharge accretions. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.3.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.3.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store the water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.8.1. Use by ECCV. ACWWA may also lease and/or trade recharge accretions from the ACWWA Brighton Lateral Recharge Site Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case Nos. 11CW285 and 11CW280, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Recharge Site Right as a source of supply or replacement water. 5.3.9. Name and Addresses of the Owner of the Diversion Facilities Listed Above. 5.3.9.1. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 5.3.9.2. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) is owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. APPROPRIATIVE RIGHTS OF EXCHANGE The 2016 ACWWA South Platte River and St. Vrain Creek Exchange, the 2016 ACWWA Cache la Poudre Exchange, and the 2016 ACWWA Beebe Canal Exchange, further described below, are collectively referred to in this Application as the “2016 ACWWA Exchanges.” 6. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA South Platte River (“SPR”) and St. Vrain Creek Exchange. 6.1. Exchange-From Points. 6.1.1. SPR Reach 5. 6.1.1.1. Downstream End Point of South Platte River Reach 5 - Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West, of the 6th P.M., Morgan County, Colorado. ACWWA does not seek to exchange water up Beaver Creek. For purposes of the appropriative rights of exchange decreed herein, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 19.1.8 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said section. 6.1.1.2. Teague Return Pipeline. United has an easement to use an existing pipeline that extends from a parcel located approximately ten miles south of the Fort Morgan Canal and crosses underneath the Cana in the NE1/4 of the SW1/4 of Section 13, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado, and discharges to the South Platte River in the SW1/4 of the NW1/4 of Section 30, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 6.1.1.3. Fort Morgan Canal Quantification Point. The location where return flow accretions and future recharge accretions from the Fort Morgan farms will accrue to the South Platte River above the Lower Platte & Beaver headgate, located in the NW1/4 of the
January 18, 2018J NW1/4 of Section 35, Township 4 North, Range 57 West, 6th P.M., Morgan County Colorado. 6.1.1.4. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 6.1.1.5. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 of the NE1/4 of said Section 3. 6.1.1.6. ACWWA 70 Ranch Recharge Project Quantification Point. The ACWWA 70 Ranch Recharge Project was decreed in Case Nos. 10CW306 (“306 Decree”). The Quantification Point for recharge accretions from the ACWWA 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ACWWA 70 Ranch Recharge Project accrue to the South Platte River at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. 6.1.2. SPR Reach 4. 6.1.2.1. Downstream End Point of South Platte River Reach 4 – Bijou Canal Headgate. SPR Reach 4 was decreed at paragraph 19.1.7 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate, located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said section. 6.1.2.2. Hardin Seep. Located in the NW1/4 of the NW1/4 of Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.2.3. 70 Ranch Reservoir. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The preliminarily designed outlet structure for 70 Ranch Reservoir will allow releases from 70 Ranch Reservoir by gravity flow back to the South Platte River at a point in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3. SPR Reach 3. 6.1.3.1. Downstream End Point of South Platte River Reach 3 – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 19.1.6 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3.2. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River and deliver the substitute supplies from said Canal to Crow Creek in the NW1/4 of the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.3. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River to Lone Tree Creek, in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.4. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. ACWWA will deliver its sources of substitute supply to the confluence of the Cache la Poudre River and the South Platte River by conveying certain sources of substitute supply, as described in Exhibit 4, down the Cache la Poudre River to its confluence with the South Platte River; and/or (2) delivering certain sources of substitute supply including its tributaries. 6.1.4. SPR Reach 2. 6.1.4.1. Downstream End Point of South Platte River Reach 2 – Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 19.1.5 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.2. Milliken Reservoir Outlet Structures. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26,
Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; (4) North Diversion structure located on the South Platte River downstream of the confluence with the St. Vrain River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; (5) Pump Station No. 1 located at SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (6) Pump Station No. 2 located in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado near the confluence of the St. Vrain and South Platte Rivers. 6.1.4.3. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion, described below. 6.1.4.4. Haren Recharge Accretions and Release. The point at which water recharged or discharged at the Haren Recharge Site accretes to the South Platte River is located in the SW1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.4.5. Drouhard Recharge Accretions and Release. The location at which water recharged or discharged at the Drouhard Recharge Site accretes to the South Platte River is located in the E1/2 of the SE1/4 of Section 24, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.4.6. Brownwood Augmentation Station. Located in the NW1/4 of Section 25, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 4.6 miles down ditch from the Western Mutual Ditch headgate. 6.1.4.7. Farmers Independent Ditch Pipeline. Located in the NE1/4 of the SE1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5. SPR Reach 1. 6.1.5.1. Downstream End Point of South Platte River Reach 1 – FIDCo Upper Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.5.2. Binder Pipeline. Located on the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3. Brighton Lateral and Brighton Lateral Recharge Site Accretions. Accretions from water recharged in the Brighton Lateral and Brighton Lateral Recharge Site will accrue to the South Platte River and will be quantified at the following locations: 6.1.5.3.1. Upper Brighton Lateral Quantification Point. Located above the Brighton Ditch headgate, which is located in the SE 1/4 of the SE 1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.1.5.3.2. Middle Brighton Lateral Quantification Point. Located above the Lupton Bottom Ditch headgate, which is located in the NW 1/4 of the SW 1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3.3. Lower Brighton Lateral Quantification Point. Located above the Platteville Ditch headgate, which is located in the SE 1/4 of the SE 1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.1.5.4. Fulton Irrigating Ditch Augmentation Stations. ACWWA will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) Upper Augmentation Station is located in the SE1/4 NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., and delivers water to the South Platte River in the SE1/4 of the NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M.; (2) Ft. Lupton Augmentation Station is located in the NW 1/4 of Section 9, Township 1 North, Range 66 West of the 6th P.M., and delivers water to the South Platte River in the NW1/4 SE1/4 of Section 31, Township 2 North, Range 66 West of the 6th P.M.; (3) Lower Augmentation Station may be constructed at the head of the Fulton Wasteway, located in the NE1/4 of the SE1/4 of Section 28, Township 2 North, Range 66 West of the 6th P.M., and would deliver water to the South Platte River in the NW1/4 of the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M.; (4) Midland Fulton Augmentation Station is located in the SW1/4 of the NE1/4 of Section 5, Township 1 South, Range 66 West of the 6th P.M., and delivers water to the South Platte River via the City of Brighton’s North Storm Drain Outfall in or near the SE1/4 of the SW1/4 of the SW1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M.; and (5) 148th Avenue Augmentation Station on the Fulton Ditch is located on the south edge of the SW1/4 of the NW1/4 of Section 17, Township 1 South, Range 66 West of the 6th P.M., and delivers water to the South Platte River via the outlet of Ken Mitchell Lakes which is located in the SE1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M. approximately 416 feet from the South Section line and 1,071 feet from the East Section line. 6.1.5.5. United Reservoir No. 3 Discharge Point. The point of discharge from United Reservoir No. 3 to the South Platte River is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. 6.1.5.6. St. Vrain Pipeline. The point of discharge from the St. Vrain Pipeline to the South Platte River will be located in one of the following locations: (1) at a point located upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; (2) at a point upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SE1/4 of the SE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, or the SE1/4 of Section 25, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (3) at a point near the SW1/4 of the SE1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Ap-
plication as Exhibit 2. 6.2. Exchange-To Points. 6.2.1. SPR Reach 4. 6.2.1.1. 70 Ranch Reservoir Surface Diversion. The surface diversion facility for the 70 Ranch Reservoir will be located in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.2.1.2. United Diversion Facility No. 1. If an agreement with the Riverside Irrigation District and Riverside Reservoir Company (“Riverside”) is obtained, the headgate will be located at the existing headgate for the Riverside Intake Canal. The existing headgate for the Riverside Canal Intake is located on the north bank of the South Platte River in the SW1/4 of the SW1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Absent an agreement with Riverside, the headgate will be located on the north bank of the South Platte River in the S1/2 of the SW1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado between the headgate of the Riverside Intake Canal and the west section line of Section 20, Township 5 North, Range 63 West, 6th PM, at a location to be established within that reach, approximately 200 yards in extent. 6.2.2. SPR Reach 3. 6.2.2.1. Powell Spillway. Pumping depletions that accrue to the South Platte River at the Powell Spillway will be replaced at the SE1/4 of the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.2.2.2. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. 6.2.3. SPR Reach 2. 6.2.3.1. Milliken Reservoir Diversion Points. Water will be diverted by exchange into Milliken Reservoir from the South Platte River at the following diversion facilities: 6.2.3.1.1. South Diversion. A point of diversion for Milliken Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam, on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado (referred to as the “South Diversion”). 6.2.3.1.2. North Diversion. A point of diversion for Milliken Reservoir may be located on the South Platte River, downstream of the confluence with the St. Vrain River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado (referred to as the “North Diversion”). 6.2.3.1.3. Milliken Pumps. (1) Pump Station No. 1 located at SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (2) Pump Station No. 2 located in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado near the confluence of the St. Vrain and South Platte Rivers. 6.2.3.1.4. Western Mutual Ditch Headgate. The point of diversion for the Western Mutual Ditch Headgate is located on the South Platte River, in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water will be delivered to Milliken Reservoir through an interconnect between the Western Mutual Ditch and Milliken Reservoir. 6.2.3.2. Western Mutual Ditch Headgate. Described in paragraph 6.2.3.1.4, above. 6.2.4. SPR Reach 1. 6.2.4.1. Farmers Independent Ditch Headgate. The Farmers Independent Ditch headgate is located on the east bank of the South Platte River, in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. ACWWA will deliver water from the Farmers Independent Ditch headgate to the Drouhard Recharge Site. 6.2.4.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Substitute supplies exchanged and conveyed through Binder Pipeline will be delivered to Binder Reservoir. 6.2.4.3. United Diversion Facility No. 3. United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. Substitute supplies exchanged and diverted at United Diversion Facility No. 3 will be delivered to United Reservoir No. 3. Water stored in United Reservoir No. 3 can be delivered to Barr Lake through the Beebe Pipeline pursuant to the decree entered in Case No. 02CW403 (“403 Decree”). Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake the water can also be delivered through a drainage seep to and through Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. Water can also be delivered from United No. 3 through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. 6.2.4.4. Burlington Canal Headgate. The Burlington Canal headgate is, pursuant to a changed point of diversion approved in the 403 Decree, located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Substitute supplies exchanged and diverted at the Burlington Canal headgate will be delivered to Barr Lake. Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake, the water can also be delivered through a drainage seep to and through Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. ACWWA may also deliver water to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees. Water can also be delivered from the Burlington Canal through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. 6.2.4.5. St. Vrain Pipeline. The St. Vrain Pipeline will divert from the St. Vrain River from the following two locations: (1) 500 feet west and 200 feet north of the SE corner of Section 20, Township 3 North, Range 67 West of the 6th P.M. Weld County, Colorado and (2) the NW1/4 of the NW1/4 of Section 10, Township 3 North, Range 67 West of the
6th P.M., Weld County, Colorado. The ExchangeTo Points are shown on the map attached to the Application as Exhibit 2. 6.3. Rates on the Appropriative Rights of Exchange. 6.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 5. 6.4. Date of Appropriation. December 14, 2016. 6.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 6.4.2. Date Water First Applied to Beneficial Use. Not applicable. 6.5. Uses. Substitute supplies exchanged to the Exchange-To Points described above and discharged to the South Platte River may be used for the same purposes for which the source water is decreed and may be exchanged multiple times as necessary to place the water to its decreed uses. 6.6. Sources of Substitute Supply for 2016 ACWWA South Platte River and St. Vrain Exchange. 6.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the 2016 ACWWA South Platte River and St. Vrain Creek Exchange. 6.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 7. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA Cache la Poudre River Exchange. 7.1. Exchange-From Points. 7.1.1. Serfer Augmentation Station Discharge. Water will be delivered through the proposed Serfer Augmentation Station that will discharge to the Cache la Poudre River in the SW 1/4 of the NW 1/4 of Section 13, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 7.1.2. Serfer Pit. Releases to the Cache la Poudre River from Serfer Pit will be made at the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado. 7.1.3. Confluence of the Cache la Poudre River and the John Law Seepage Ditch, located in the SE1/4 of the NW1/4 of Section 35, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. 7.1.4. Confluence of the Cache la Poudre River and the Orr Lateral, located in the NW1/4 of the SW1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7.1.5. Confluence of the Cache la Poudre River and the Graham Seep, located in the NW1/4 of the NE1/4 of Section 36, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7.1.6. Confluence of the Cache la Poudre River and Eaton Draw, located in in the NE1/4 of the SW1/4 of Section 32, Township 6 North, Range 65 West of the 6th P.M. Weld County, Colorado. 7.1.7. Confluence of the Cache la Poudre River and Sand Creek, located in the in the NE1/4 of the NW1/4 of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.1.8. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 7.2. Exchange-To Points. 7.2.1. Serfer Pit. Diversions from the Cache la Poudre River into Serfer Pit will be made at the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado. The location of the Serfer Pit is shown on the map attached as Exhibit 2. 7.2.2. Greeley Canal No. 2 Headgate. is located on the northern bank of the Cache la Poudre River, in the NE1/4 of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 7.3. Rates on the Appropriative Right of Exchange. 7.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the 2016 ACWWA Cache la Poudre River Exchange are set forth in the Exchange Matrix attached as Exhibit 6. 7.4. Date of Appropriation. December 14, 2016. 7.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 7.4.2. Date Water First Applied to Beneficial Use. Not applicable. 7.5. Uses. Substitute supplies exchanged to Serfer Pit described above and discharged to the Cache la Poudre River may be used for the same purposes for which the source water is decreed and may be exchanged multiple times as necessary to place the water to its decreed uses. 7.6. Sources of Substitute Supply. 7.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 7.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 8. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA Beebe Canal Exchange. 8.1. Exchange-From Points. 8.1.1. Highlands Reservoir. Highlands Reservoir is located in the Beebe Draw, as described above in paragraph 3.3.2, above. Water will be released to the Beebe Seep Canal through the outlet works of Highlands Reservoir. The location of the outlet structure for Highlands Reservoir has not yet been finally determined. The preliminary design anticipates that Highlands Reservoir will be gravity drained under Weld County Road (“WCR”) 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76, and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 Continued to Next Page
Littleton Englewood * 10
The Independent - The Herald 39
8January 18, 2018 Continued From Last Page.521033 page 3 of 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. An inlet structure from the Beebe Seep Canal, the potential locations of which are described above in paragraph 3.3.3.3, may be designed to also deliver water from Highlands Reservoir to the Beebe Seep Canal, and as an outlet structure it would also be an exchangefrom point. 8.1.2. Milton Lake. Milton Lake is located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 8.1.3. Beebe Seep Canal: Accretions occur to the Beebe Seep Canal. To the extent there is a live stream in the Beebe Seep Canal accretions can be diverted by exchange at the exchange to points described below. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 8.2. Exchange-To Points. 8.2.1. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado. 8.2.2. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado, approximately 390 feet from the north section line and 930 feet from the west section line. 8.2.3. DeSanti Headgate. The headgate for the DeSanti Parcel is located on the DeSanti Parcel, which is located in the SE1/4 of Section 11, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. 8.2.4. Bowles Seep Headgate. The headgate for the Bowles Seep is located in the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West, 6th P.M., Weld County, Colorado. 8.2.5. East Neres Headgate. The headgate for the East Neres is located in the SW1/4 of the NE1/4 of Section 10, Township 2 North, Range 65 West, 6th P.M., Weld County, Colorado. 8.2.6. Highlands Reservoir Beebe Seep Canal Diversion(s). The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw, as described above in paragraph 3.3.3.3. Water will be exchanged to these points from Milton Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 8.3. Rates on the Appropriative Right of Exchange. 8.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 7. 8.4. Date of Appropriation. December 14, 2016. 8.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 8.4.2. Date Water First Applied to Beneficial Use. Not applicable. 8.5. Uses. Water diverted by exchange under the 2016 ACWWA Beebe Canal Exchange will be used for the same purposes for which the source water is decreed and may be exchanged multiple times as necessary to place the water to its decreed uses 8.6. Sources of Substitute Supply. 8.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 8.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 9. ACWWA’s Independent Claim to Appropriate Return Flows Associated with its Changed Shares in Fulton Irrigating
Ditch Company (“ACWWA’s Fulton Shares”). 9.1. Name of Structure. Fulton Ditch, the decreed headgate location is near Section 9, between Sections 16 and 17, in Township 2 South, Range 67 West of the 6th P.M., Weld County, Colorado. 9.2. ACWWA’s Fulton Shares. Pursuant to the decree entered in Case No. 10CW313 (“313 Decree”), ACWWA changed its water rights associated with 182 shares in Fulton Irrigating Ditch Company. 9.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Fulton Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Fulton Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all purposes described in paragraph 9.7, below, the historical return flow portion of its irrigation season delivery of ACWWA’s Fulton Shares and the winter return flow portion of its prior irrigation season deliveries of ACWWA’s Fulton Shares. ACWWA also seeks to amend paragraph 5.4. of the 313 Decree as necessary to accomplish this appropriation of return flows. 9.4. Appropriation Information. 9.4.1. Date of Appropriation. December 29, 2016. 9.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 9.4.3. Date water First Applied to Beneficial Use. Not applicable. 9.5. Source. South Platte River. 9.6. Amount Claimed. Up to 317.1 acre-feet per year, conditional. 9.7. Claimed Uses. By this Application, ACWWA seeks a decree granting the right to use the return flows associated with ACWWA’s Fulton Shares as described in paragraph 3.1.9 and its subparagraphs, above. Additionally, ACWWA seeks to store this water in Binder Reservoir, which is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10. ACWWA’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Farmers Independent Ditch Company (“ACWWA’s FIDCO Shares”). 10.1. Name of Structure. Farmers Independent Ditch, the decreed headgate of which is located on the east bank of the South Platte River, in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10.2. ACWWA’s FIDCO Shares. In the decree entered in Case No. 12CW73 (“73 Decree”), ACWWA changed the place and type of use of 20 shares of the Farmers Independent Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 10.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Farmers Independent Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Farmers Independent Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ACWWA’s FIDCO Shares and the winter return flow portion of its prior irrigation season deliveries of ACWWA’s FIDCO Shares. ACWWA also seeks to amend paragraph 15.4.1 of the 73 Decree as necessary to accomplish this appropriation of return flows. 10.4. Appropriation Information. 10.4.1. Date of Appropriation. December 29, 2016. 10.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 10.4.3. Date Water First Applied to Beneficial Use. Not applicable. 10.5. Source. South Platte River. 10.6. Amount Claimed. Up to 98.8 acre-feet per year, conditional. 10.7. Claimed Uses. ACWWA’s claimed uses for the water attributable to the return flows associated with ACWWA’s FIDCO Shares are described above in paragraph 9.7. 11.
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ACWWA’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Weldon Valley Ditch Company (“ACWWA’s Weldon Shares”). 11.1. Name of Structure. Weldon Valley Ditch, the decreed point of diversion of which is located on the North bank of the South Platte River, in the SW1/4 of the NW1/4 of the SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. 11.2. ACWWA’s Weldon Shares. In Case No. 11CW151/05CW58 (“151 Case”), ACWWA changed the place and type of use of 62.625 shares of the Weldon Valley Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 11.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Weldon Valley Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Weldon Valley Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ACWWA’s Weldon Shares and the winter return flow portion of its prior irrigation season deliveries of ACWWA’s Weldon Shares. ACWWA also seeks to amend paragraph 19.D.(1) of the Stipulated Change Decree filed with the Court in the 151 Case on December 28, 2016 as necessary to accomplish this appropriation of return flows. 11.4. Appropriation Information. 11.4.1. Date of Appropriation. December 29, 2016. 11.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 11.4.3. Date Water First Applied to Beneficial Use. Not applicable. 11.5. Source. South Platte River. 11.6. Amount Claimed. Up to 1,365.9 acre-feet per year, conditional. 11.7. Claimed Uses. ACWWA’s claimed uses for the water attributable to its return flows associated with its Weldon Shares are described in above in paragraph 9.7. 12. Change in Use of ACWWA’s Previously Changed Water Rights. 12.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92305(3)(e), ACWWA seeks to change the previously-quantified water rights described below (collectively, the “Previously Changed Shares”) to add additional beneficial uses as described paragraph 12.3, below, as well as to add additional sources of water that can be used to replace return flow obligations associated with the Previously Changed Shares. 12.1.1. Fulton Irrigating Ditch Company Shares. In the 313 Decree, ACWWA originally changed 182 shares of Fulton Irrigating Ditch Company from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses, either directly or following recharge and/or storage. 12.1.2. Farmers Independent Ditch Company Shares. In the 72 Decree, ACWWA originally changed 20 Farmers Independent Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.3. Weldon Valley Ditch Company Shares. In Consolidated Case Nos. 11CW151/05CW58, ACWWA changed 62.625 Weldon Valley Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.4. New Cache la Poudre Irrigating Company (“NCLPIC”) and Cache la Poudre Reservoir Company (“CLPRC”) Shares. In Case No. 13CW3026, ACWWA changed 96 shares in the NCLPIC and 20 shares in the CLPRC from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses as more fully described in the proposed decree in that case. 12.2. Additional Sources of Replace-
ment Water to Meet Return Flow Obligations. The decrees for the Previously Changed Shares require Applicants to meet historical return flow obligations in time, place, and amount as more fully described in the relevant decrees. ACWWA seeks the ability to meet these return flow obligations using any of the water rights described in Exhibit 4, so long as those rights have been decreed for use for augmentation, replacement, or substitution. Additionally, ACWWA seeks the ability to use any future acquired water rights to meet these return flow obligations to the extent that future acquired sources are decreed for augmentation, replacement, or substitution purposes. 12.3. Additional Uses. To the extent the Previously Changed Shares are not already decreed for such purposes, ACWWA seeks to add the following as permissible uses of the Previously Changed Shares. 12.3.1. Augmentation Plans. ACWWA may use its Previously Changed Shares in the augmentation plans decreed in Case Nos. 10CW306 and 13CW3026 and any future augmentation plans sought by ACWWA. 12.3.2. Recharge including Aquifer Storage and Recovery and Aquifer Recharge and Recovery. ACWWA may use its Previously Changed Shares for recharge (including aquifer storage and recovery and aquifer recharge and recovery) in the recharge facilities previously decreed in Case Nos. 10CW306, the recharge facilities sought in this Application, and any other existing or future recharge facilities to which ACWWA may legally recharge water. 12.3.3. Exchanges. ACWWA may use its Previously Changed Shares in the exchanges previously decreed in Case No. 09CW283, the exchanges sought in this Application, and any future exchanges operated or decreed by ACWWA. 12.3.4. Storage. ACWWA may store its Previously Changed Shares in the following surface storage structures for subsequent delivery into ACWWA’s or ECCV’s municipal system or for use as a source of augmentation, replacement, recharge, exchange or substitute supply: 12.3.4.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 12.3.4.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 12.3.4.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35,Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 12.3.4.4. Barr Lake, an off-channel reservoir located in Sections 15, 21,22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 12.3.4.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 12.3.4.6. Binder Reservoir, an offchannel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 12.3.4.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 13.3.4.8. Serfer Pit, an off-channel reservoir located in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 12.3.4.9. Any existing or future storage facility to which ACWWA is le-
gally permitted to store water. 12.3.5. Replacement of Return Flow Obligations. ACWWA may use its Previously Changed Shares to replace return flows obligations associated with the Previously Changed Shares and well as the return flow obligations of any other water rights changed by ACWWA in the future. 12.3.6. Use by ECCV. ACWWA may lease and/or trade water attributable to the Previously Changed Shares to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case Nos. 11CW285 and 11CW280, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the Previously Change Shares as a source of supply or replacement water. 13. Change in Use of ACWWA’s Existing Storage Water Rights. 13.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92-305(3)(e), ACWWA seeks to change the previously decreed water storage rights described below (collectively, the “ACWWA’s Existing Water Storage Rights”) to add additional beneficial uses as described paragraph 13.2, below. 13.1.1. United No. 3., adjudicated in Case No. 10CW312 for 500 acre-feet, conditional, with one refill in the amount of 500 acre-feet per year conditional. 13.1.2. ACWWA Gilcrest Reservoir Water Storage Right, adjudicated in Case No. 13CW3173 for 500 acre-feet, conditional, with one refill in the amount of 500 acre-feet per year conditional. 13.1.3. ACWWA 70 Ranch Water Storage Right, adjudicated in Case No. 13CW3171 for 3,000 acre-feet, conditional, with one refill in the amount of 3,000 acre-feet per year conditional. 13.2. Additional Uses. To the extent ACWWA’s Existing Water Storage Rights are not already decreed for such purposes, ACWWA seeks to add the uses described in paragraph 12.3 and its subparagraphs as permissible uses of ACWWA’s Existing Water Storage Rights. (37 pages, 7 exhibits). WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY 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 JANUARY 2018 (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. Legal Notice No.: 521033 First Publication: January 18, 2018 Last Publication: January 18, 2018 Publisher: Englewood Herald
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40 The Independent - The Herald
January 18, 2018J
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Angel Heart Project: Delivers meals to men, women and children with life-threatening illnesses. Need: Volunteers to deliver meals to clients in the south Denver area. Requirements: Attend an orientation and submit to a background check. Training provided to all new drivers. Deliveries start at 1 p.m. and last until 3 p.m. Contact: 303-830-0202 or volunteer@ projectangelheart.org. Animal Rescue of the Rockies: Provides foster care for death-row shelter dogs and cats throughout Colorado. Need: Foster families for animals on lists to be euthanized Contact: www.animalrescueoftherockies.org. Arthritis Foundation, Colorado/Wyoming Chapter: Helps conquer everyday battles through life-changing information and resources, access to care, advancements in sciences and community connections. Need: Walk to Cure Arthritis committee members and general office volunteer support. Requirements: Individuals who love to help plan and execute Walk to Cure Arthritis. We combat arthritis every day, so support from volunteers so that we can serve people is crucial. Contact: Amy Boulas, aboulas@arthritis.org, 720-409-3143.
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ASSE International Student Exchange Program: Organizes student exchange programs.
Need: Local host families to provide homes for boys and girls age 15-18 from a variety of countries. Contact: Cathy Hintz, 406-488-8325 or 800-733-2773 Audubon Society of Greater Denver: Provides engaging and educational birding and wildlife programs at the Audubon Nature Center at Chatfield State Park and throughout the Denver metro area. Need: Volunteers lead birding field trips and assist with nature programs, office projects, fundraising and community events. Location: Chatfield State Park and offsite locations around Denver. Age Requirement: 18 years or older for yearround volunteers; 13-17 for summer camp programs. Contact: Kate Hogan at communityoutreach@denveraudubon.org or 303-9739530. AYUSA: International Youth Exchange Program: Promotes quality exchange programs for high school students from around the world. Need: Host families for international high school students ages 15-18 studying in the Denver area. Requirements: Provide a safe home, meals and transportation for 5-10 months. All family types are considered. Must fill out online application and pass background check. Contact: Adrienne Bivens, 720-467-6430 or abivens@ayusa.org. Go to www.ayusa.org. Castle Rock Senior Activity Center: Provides services to local seniors. Need: Volunteer drivers to take seniors to appointments, the grocery store, pharma-
cies and more. Contact: Juli Asbridge, 720-733-2292 Children’s Hospital Colorado South Campus, Highlands Ranch Contact: 720-777-6887 Colorado Humane Society: Handles animal abuse and neglect cases. Need: Volunteers to care for pregnant cats, dogs and their litters, as well as homes for cats and dogs that require socializing or that are recovering from surgery or injuries. Contact: Teresa Broaddus, 303-961-3925 Colorado Refugee English as a Second Language Program: Teaches English to recently arrived refugees, who have fled war or persecution in their home country. In Colorado, refugees are from Afghanistan, Burma, Bhutan, Somalia, Iraq, Eritrea and D.R. Congo, among others. Need: Volunteers to teach English. Tutoring takes place in the student’s home. Refugees live throughout Denver, but the largest concentrations are in Thornton, near 88th Avenue and Washington Street, and in east Denver/Aurora, near Colfax Avenue and Yosemite Street. Other Details: Tutors do not need to speak the student’s language. Most participants are homebound women and small children, adults who are disabled, and senior citizens. Many are not literate in their first language, and remain isolated from American culture. Requirements: Volunteers must attend training at Emily Griffith Technical College in downtown Denver. Sessions take place every 6-8 weeks. Go to www.refugee-esl.org for information and volunteer application. Contact: Sharon McCreary, 720-423-4843 or sharon.mccreary@emilygriffith.edu.
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