Elbert county news 0123

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January 23, 2014 Elbert County, Colorado | Volume 118, Issue 52 A publication of

elbertcountynews.net

Man gets 26 years in baby’s death Richard Dolin sentenced for killing infant daughter

By George Lurie

glurie @coloradocommunitymedia.com Former Elizabeth resident Richard Dolin was sentenced to 26 years in prison after admitting that he was responsible for the death of his 4-month-old daughter Marlayna, who died in 2012 from traumatic brain injuries after languishing in a medically induced coma for 17 days.

Dolin, 27, was sentenced by Judge Jeffrey Holmes at a Jan. 14 hearing in Kiowa, where more than

40 family members and friends of the young victim packed the courtroom, including the girl’s mother Jaime, who pleaded with the judge to give the defendant the maximum allowable sentence of 32 years.

“Even the maximum sentence is not justice enough for my sweet daughter,” Jaime Dolin said. “Every day my son asks me about his baby sissy and it breaks my heart to have to tell him she is in heaven.”

In November of 2013, Richard Dolin accepted a plea bargain agreement from the District Attorney’s office in which he pleaded guilty to “reckless child abuse resulting in death.”

Dolin was dressed in orange and white striped Elbert County jail prison garb, his hair and beard closely cropped. Throughout the

two-hour hearing, the 6-foot-5 defendant sobbed quietly, glancing occasionally over his shoulder at his former family members.

Dolin His attorney, Emily Wickham, argued that Dolin had an IQ of 72 and had come from a home where he was abused by a crack-addicted father who is currently in prison himself.

“Mr. Dolin has taken responsibility for what he did,” said Wickham, who asked the judge to give her client 10 years in prison, the minimum allowable sentence Dolin continues on Page 7

Family members and supporters of 4-month-old victim Marlayna Dolin gather to pray before the Jan. 14 sentencing hearing of Richard Dolin, who pleaded guilty to reckless child abuse resulting in death and was sentenced to 26 years in prison. Photo by George Lurie

AT THE COW WASH

Voting precincts to change Clerk and recorder’s office to finish new map by early February

By George Lurie

glurie@coloradocommunitymedia.com

A young man and woman work together to wash a cow as they begin to prepare the animal for judging at the National Western Stock Show in Denver. The show opened Jan. 11 and livestock judging, shows and sales, as well as entertainment and special events like rodeos and horse shows, have been going on every day since and will continue until the stock show closes Jan. 26. Photo by Tom Munds

Schlegel: 2012 audit almost finished Commissioners expecting to approve final report this month

By George Lurie

glurie@coloradocommunitymedia.com An outside accounting firm is expected to complete a long overdue audit of the county’s 2012 budget within the next few weeks, according to Elbert County Com-

missioner Kurt Schlegel.

In November 2013, after the county missed multiple deadlines to submit the state-mandated document, the Office of the State Auditor froze more than $102,000 in county tax revenues and ordered Elbert County Treasurer Rick Pettitt to “hold all funds generated pursuant to the taxing authority … until you are notified in writing by this office.”

BOCC Chair Robert Rowland called the

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situation “embarrassing” and blamed the snafu on the county’s former finance director Stan Wilmer, who was fired in October 2013.

The decision to bring in an outside contractor to finish the audit has already cost the county nearly $90,000, Schlegel said at a Jan. 14 BOCC study session. And “unanticipated issues” have caused the cost of the audit to balloon, he explained.

The state’s Department of Local Affairs can freeze repayment to counties of property taxes — the county’s main source of revenue — if the county does not comply with state-mandated deadlines for filing annual financial statements.

Pettitt said that once the audit is complete and reviewed by the BOCC, it will be forwarded to the state, after which he expects the county’s tax revenues will be unfrozen.

Audit continues on Page 7

Elbert County’s electoral precincts are shifting geographically in 2014 — and decreasing from 18 to 15, according to Clerk and Recorder Dallas Schroeder.

“The voting precincts in the town of Elizabeth will basically remain the same but everybody else will be in a new precinct,” said Schroeder, who is in the process of updating and finalizing the county’s new precinct map.

“We will be finished by Feb. 3, in time to comply with state requirements,” Schroeder said. “According to state election law, we can’t make any changes for the year after that date.”

Schroeder, who has been with the county for less than a year, replaced former Clerk and Recorder Diana Hartsough, who resigned in July 2013, citing “health issues.”

Before Schroeder was appointed to his position in September 2013, the county’s Democrat and Republican chairmen had been working with the county’s mapper, Bart Chambers in the Assessor’s Office, to start the process of redrawing the voting precincts.

“There were two objectives,” said Schroeder. “With the new commissioner district lines approved last spring, we had overlapping precincts between commissioner districts. So we had to eliminate that. Plus there was a desire by the party chairs to go from 18 to 15 precincts.”

“So we balanced out the precincts.

Now there are five precincts per commissioner district,” Schroeder added. “So we are now as balanced as we can be.”

After Feb. 1, county residents can contact the election office or go online with the Secretary of State’s office. “Where their voter record,” Schroeder said, “will reflect their new precinct.”

“We’ll post a link on the county’s election site to the Secretary of State’s office,” said Schroeder, who also encouraged voters to stop by his office in the courthouse in Kiowa.

“I have an updated map if people want to take a look.”

2-Color

2 Elbert County News

January 23, 2014

Here’s to living life to ‘The Max’ So why conform to gravity?”

Max Barber died unexpectedly Dec. 17 from an aneurysm that occurred while he was driving. He was 68. A successful contractor and owner of the popular Max Gill and Grill on South Gaylord Street in Denver, he also received national recognition in 1991 when he saved two people who fell through thin ice on Grand Lake.

But to Topher, he was so much more. He was an exuberant, energizing force who grabbed tight to life and made it an exhilarating ride.

“He never let a blade of grass grow beneath his feet,” Topher said, pausing, looking at the beer in his hand. “He’s my dad and he was my best friend. . . . It’s going to be hard without him.”

Although Max had homes in Denver, Florida and France, the cabin he built with his hands in the mid-1980s in Grand Lake — on the water nestled between historic Lemon Lodge and the Grand Lake Yacht Club at the end of the town’s main street — was his favorite.

On the shores of the state’s largest natural lake, the Job Number: 00059528 town counted 447 residents Customer: TANNER GUN in the 2000 census. Its one main road veers off Highway 34, just before the western SHOW Inc.to Rocky Mountain National Park, and leads entrance through a short, straight stretch of western-style buildings Phone: (303)550-8822 that have remained largely unchanged for years.

“This is his home,” Topher said. “He loved being near the water, being in a small town. He loved that this town is a dead end. It was the end of the road.”

It was Topher’s most consistent home, too.

“I love this place,” he said. “Both me and my brother met our wives up here. My life wouldn’t be the same without Grand Lake. We wouldn’t be who we are without this place.”

Growing up, Topher and his brothers Tyler and Todd spent every summer at the lake. Topher and Tyler worked at Pancho and Lefty’s, the eatery popular with locals and weekenders that’s just a one-minute-walk from the cabin.

They learned how to sail — Topher even taught sailing at the yacht club.

Max bought them a boat and they often competed in the annual weeklong regatta - but never won. “ . . . we were always at the back of the pack and that always bummed him out,” Topher said.

Last summer, two days before the regatta, Topher decided to compete when a friend who is an accomplished sailor offered to crew. Midway through the week, Max left for an already planned vacation in Michigan. Topher was

Topher Barber climbed the tall, aluminum ladder, stopping just even with the old, wooden sailboat hanging upside down from the ceiling. He carefully drilled the framed picture of his dad — also upside down — to the center of the stern.

A friend handed him a bottle of champagne and Topher tapped the boat, pouring a little onto the rim.

“We now christen thee,” he said, “the S.S. Max Barber.”

The small gathering of people below him raised their glasses and cheered. “He would like that,” one man said, nodding assuredly as he walked away.

The tribute, sealed as dusk darkened the wintry mountain lake outside the restaurant windows, reflected the man whose gargantuan and colorful presence was notably absent.

“Upside down is perfect,” said Dan Sherwood, Topher’s longtime friend, as he sat at the bar, under the sailboat.

“Max was a kind of renegade who didn’t conform to much.

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tied for first; Max eagerly awaited his daily updates.

“It came down to the last race and we had to finish first — and we did,” Topher said. “I could hear the pride in his voice and knew he had tears in his eyes.”

In late October, after returning from a month in France, Max headed to Grand Lake to winterize the cabin. Topher went with him. They blew out the sprinklers, cut firewood, hung out.

“Just me and him,” Topher said. “It was perfect. I have no regrets about how our relationship ended. . . . We told each other how we felt about each other — we loved each other.”

On Jan. 10, Topher, who lives in Broomfield, decided to check on the cabin, make sure the heat was working, that pipes hadn’t frozen — and meet up with some friends to share a few stories and laughs.

On the passenger seat of his Subaru, he placed a ceramic cowboy boot with a lasso around its heel — the urn holding some of his dad’s ashes, which also include the remains of a December Wall Street Journal, his favorite paper; his red, alma mater Cornell cap; a favorite Hemingway coozie; and the photo of his three sons when they were just boys, wearing cowboy hats, which he always kept in his wallet.

Topher also brought a framed picture of a grinning Max, wearing a tropical shirt and white captain’s hat and holding a beer next to his cheek.

A winter storm swirled gusting snow, creating moments of white-out as he slowly drove Berthoud Pass, reminiscent of the first time he, his brothers and Max had driven to Grand Lake.

“Pop,” Topher said, “we aren’t turning around, are we?”

At the cabin, he set the boot and picture on the dining room table, grabbed two beers — the one for Max snug in another Hemingway coozie — and tuned the CD player to Alabama’s “Mountain Music,” his dad’s favorite and the cabin’s theme song.

Then he talked to Max. And he cried.

The next afternoon, Topher strolled into Pancho and Lefty’s and settled at the bar to talk with friends in the familiar eclectic atmosphere where 1,500 beer cans — all one-of-a-kind — line shelves along the walls. Also on the walls are photos of several longtime locals who have died.

Hanging from the ceiling are a chair lift, a kayak, and a dummy of a man with a serape sleeping in a hammock, a margarita glass in his hand.

And the old, wooden sailboat.

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3

Elbert County News 3

January 23, 2014

Bill allows married gays to file joint taxes Legislation comes on heels of Supreme Court decision

By Vic Vela

vvela@coloradocommunitymedia.com A bill that would allow married gay couples living in Colorado to file joint state tax returns is on its way to a vote in the state Senate, after it passed a legislative committee on Jan. 14.

However, Senate Bill 19 applies only to married couples, not those who are involved in a civil union, which became legal in Colorado last year.

Senate Bill 19 requires that gay couples who married out of state or in another country, and who now reside here, file their state taxes the same as they do at the federal level, either through joint or individual returns.

That’s regardless of the fact that Colorado does not recognize same-sex marriage.

Sen. Pat Steadman, D-Denver, a bill sponsor, told the Senate Finance Committee that the bill aims to do away with confusion on the part of legally married gay couples who can file joint tax returns federally, but were not able to do the same at the state level.

“The reason I’ve introduced this bill is because we have confusing issues in the statute,” Steadman told the committee.

Steadman’s bill passed the committee, following a 3-2 party line vote.

The bill comes on the heels of a July Su-

Sen. Pat Steadman, D-Denver, listens as Lauren Fortmiller, center, and her partner Pamela Thiele, both of Lakewood, testify in support of Senate Bill 19. The bill would allow gay married couples living in Colorado to file joint state tax returns. Photo by Vic Vela preme Court decision that struck down much of the Defense of Marriage Act. Since then, the Internal Revenue Service has ruled that legally married same-sex couples are also considered married for federal tax purposes.

The federal ruling applies to all gay couples who are in legally recognized marriages,

even if they reside in states like Colorado, which has a constitutional ban against gay marriage on its books.

So if a gay couple gets married in New York, then moves to Colorado, they can file joint state returns here.

However, the IRS is clear that only legally married gay couples can file joint returns.

Chamber Web Site Revamped The South Metro Denver Chamber is proud to unveil its newly designed web site. Completely redesigned from the ground up, the site features a sleek, easy to navigate format presenting the Chamber’s brand promise of Remarkable Relationships and a Thriving Community.

Using unique tab headings, the site invites viewers to explore different areas they want more information about: “Get Wise” reveals facts about the Chamber, its events & areas of interest; “Talent” gives directories of Investors, staff and board members; “Trending “ features blog posts by Chamber staff, featured Investor companies, and Investor news & stories; and area information and maps for South Metro Denver area visitors and relocation can be found under “Quest”.

Chamber President and CEO, John Brackney was a driving force behind the new design. “The South Metro Denver Chamber has culturally always been different, from our tagline 2 decades ago ‘Not your ordinary Chamber’, to last decade’s ‘Leadership in Motion’ to our current tag-line ‘Remarkable Relationships and a Thriving Community’. Our new website reflects our tradition of collaboration, empowerment, transformation and celebration all leading to a single word commitment to you: Prosper. “ Continually revolving header images illustrate the Chamber’s wideranging areas of interest and a video block gives the viewer a quick unconventional look at the Chamber’s philosophy. Scroll down the page and the Chamber gives a shout-out to featured companies and leaders who help our community prosper.

Two months of upcoming Chamber events are also posted on the homepage with easy online access to more information and RSVP links for any Chamber event. And at the bottom of the home page, a map of South Metro Denver showing the Chamber’s location as well as its premiere Investors.

The addition of the ability to post and respond to blogs was of major importance in the design of the new site. Putting ideas and issues out to the public and being able to get responses compliments the Chamber’s core values of collaboration, empowerment, transformation and celebration. All posts are categorized and searchable so interested parties can find posts going back as far as two years ago.

Chamber Director of Economic Development Jeff Holwell is excited at the prospects of blogging for the Chamber. “The ability to share our thoughts regarding current business themes and get feedback strengthens our potential for creating a strong business climate. We look forward to gaining valuable insights into our business community and nurturing a stream of communication to help businesses grow.”

Another useful addition to the site are the mobile capabilities it provides.

It’s responsive design allows the site to contract or expand depending on the size of the viewing screen. From full-size computer screens, to tablets, to viewing on your smart phone, the site is fully functional. When viewed on a smart phone, a unique “Mobile Service Directory” powered by LokalMotion is available which gives the option to view nearby Chamber Investors and

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“The revenue department ruling expressly says they are not recognizing civil unions, or other domestic partnerships,” Steadman said. “This is purely a matter of who is married.”

Even though the legislation would not affect couples involved in civil unions, the bill would make changes to an area of last year’s law that created civil unions in Colorado. The civil unions statute does not allow for joint tax filing.

The bill cleared the Finance Committee, with Democratic Sens. Mike Johnston of Denver, Andy Kerr of Lakewood and Jessie Ulibarri of Commerce City voting yes.

Republican Sens. Owen Hill of Colorado Springs and Kevin Grantham of Canon City voted against moving the bill forward.

Michael Norton of the Alliance Defending Freedom, a conservative group that is opposed to gay marriage, called the bill a “subterfuge,” which provides an end-run around the state’s gay marriage ban.

“The people of Colorado have decided what the policy of the state of Colorado as it pertains to marriage,” Norton said.

The bill would benefit couples like Lauren Fortmiller and Pamela Thiele of Lakewood, who married in California in 2008. Fortmiller told the committee that prior to the Supreme Court decision, they, like all gay couples, could only file federal taxes separately.

“It was always painful, year after year, to check that box saying we were single when we are not,” Fortmiller said.

Calendar of Events

For a complete calendar of South Metro Denver Chamber events or more information, visit our web site at www.bestchamber.com or call 303-795-0142.

Thursday, January 23rd:

Women in Leadership Board Meeting Chamber Conference Center, 2154 E. Commons Ave., Centennial

RockPile Energy Services presents: Frac 101 Chamber Conference Center, 2154 E. Commons Ave., Centennial

Grand Opening & Ribbon Cutting Celebration for Home Care Assistance 8200 S. Quebec St., Ste A-5, Centennial

Key Bank presents: Protecting Against Identity Fraud and Scams Chamber Conference Center, 2154 E. Commons Ave., Centennial locate them easily on a map with directions if needed. Investors can also post specials available to mobile viewers.

The site has been in the planning stages for two years with the design and implementation beginning in July of 2013. Denver’s premiere web site design and marketing company, Webolutions, took on the challenge of integrating all of the Chamber’s many facets into the design with exceptional results.

Mike Hanbery, Webolutions Director of New Media Strategies had this to say about the new site. “The South Metro Denver Chamber’s new website provides an individually customizable user experience and reinforces the organization’s brand as an innovator in using technology to build business relationships. We’re pleased with the website’s design and functionality and we look forward to celebrating additional achievements with them for years to come.”

The Chamber’s web site can be viewed at www.BestChamber.com.

Friday, January 24th:

Why MS Word is Driving You Crazy and How to Fix It Mission Critical Systems, 7384 S. Dalton Way, Ste 201, Centennial

President’s Leadership Forum: Melanie Worley, CEO Developmental Pathways Chamber Conference Center, 2154 E. Commons Ave., Centennial

Chamber Unplugged hosted by Developmental Pathways Chamber Conference Center, 2154 E. Commons Ave., Centennial

Monday, January 27th:

Grand Opening & Ribbon Cutting Celebration for The Joint...the Chiropractic Place 7537 S. University Blvd., Centennial

Tuesday, January 28th: Business Bible Study

Chamber Conference Center, 2154 E. Commons Ave., Centennial

International Business Development Task Force Board of Advisors Chamber Conference Center, 2154 E. Commons Ave., Centennial

Wednesday, January 29th:

Grand Opening & Ribbon Cutting Celebration for Elements Therapeutic Massage 2330 E. Arapahoe Rd., #903, Centennial

Recovery Arrives on Main Street Infinity Park Event Center, 4400 E. Kentucky Ave., Glendale

Thursday, January 30th:

Oil & Gas Panel Discussion hosted by Club 20 Colorado Capitol Building, 200 E. Colfax Ave., Denver Owner Iris Lozano was joined by parents, future engineers and scientists, and fellow Chamber Investors to cut the ribbon at the grand opening of Engineering for Kids on Friday, January 10th. The Science, Technology, Engineering & Math (STEM) centered center engages students from 4 to 14 in STEM related studies such as aerospace, mechanical, robotic, and electronic experiences. The new center is located in the Streets at SouthGlenn. www.engineeringforkids.net

Friday, January 31th:

Chamber Ambassadors Meeting Chamber Conference Center, 2154 E. Commons Ave., Centennial

4

4 Elbert County News

January 23, 2014

Marijuana food stamp bill killed Measure sought to prohibit public assistance cash card use

es a problem that doesn’t exist.

The bill died in the Democrat-led committee, following a 3-2 party line vote.

Marble told committee members that federal law requires that the state take measures to prevent public assistance recipients from using their EBT cards inside places like liquor stores, gambling establishments and adult entertainment businesses.

As for use inside pot shops, Marble said that voters supported 2012’s Amendment 64 — which legalized pot sales in Colorado — with the intention of pot being regulated the same way as alcohol. The federal government frowns on EBT cards being used inside places that sell booze.

Without regulation addressing this issue, Marble — who was a member of last year’s Amendment 64 Legislative Task

Force — said that pot shop owners could end up getting a visit from a federal agent.

“I have a feeling we’re going to be seeing trouble that we’re not ready to deal with,” Marble said, referring to federal cash seizures at pot stores.

“We’re setting these newly established marijuana stores up to fail.”

Sen. Bernie Herpin, R-Colorado Springs, supported Marble’s effort, saying that he doesn’t believe that public funds should be used to access marijuana.

“I just don’t understand — people who are using their food stamp money to buy marijuana — why we should be making it easier for them,” he said.

But bill opponents and Democratic committee members said those fears are overblown.

“I’m not aware of widespread misuse,” said Terry Scanlon of the Center for Chil-

Capitol

By Vic Vela

vvela@coloradocommunitymedia.com

Report

A bill that would have prohibited welfare recipients from using public assistance cash cards at marijuana stores and strip clubs died in a legislative committee on Jan. 15.

The bill’s sponsor, Sen. Vicki Marble, R-Fort Collins, argued unsuccessfully that allowing electronic benefit transfer cards — which act as debit cards for people on public assistance — to be used at ATMs that are inside pot shops and adult entertainment places begs for federal prosecutorial intervention.

But Democrats on the Senate’s State, Veterans and Military Affairs Committee cited testimony from bill opponents who said the bill was unnecessary and address-

dren’s Law and Policy. “This is an unnecessary burden to put on the beneficiaries.”

Other arguments against the bill had to do with lack of ATM access for public assistance recipients. Sen. Irene Aguilar, D-Denver, said that she believes the federal government’s intent is to ensure that public assistance recipients have access to ATMs, before the state does anything to restrict their use.

Democratic senators shared narratives about elderly and disabled persons having to go out of their way to find ATMs. In some cases, the closest neighborhood cash dispensaries are found inside liquor stores, or pot shops, they said.

Those persons are not using public assistance to buy pot; they’re just trying to get cash to get on the bus, bill opponents said.

“If you’ve ever known anyone who has been on cash assistance, like I have, it’s not something you abuse,” said Sen. Jessie Ulibarri, D-Commerce City.

Effort to repeal energy measure fizzles Law passed in 2013 increased mandates for rural electric providers

By Vic Vela

vvela@coloradocommunitymedia.com Republican state lawmakers’ first effort this legislative session to undo key Democratic accomplishments from last year failed on Jan. 15.

A Democrat-led Senate committee killed a measure that sought to repeal a law that increased renewable energy mandates that were placed on rural electric providers.

Last year, the Legislature, through Senate Bill 252, mandated that rural electric associations generate 20 percent of their energy through renewable sources. That doubled the former standard of 10 percent.

The law has drawn the ire of Republicans, who argued that the legislation hurts business in rural parts of the state

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and will drive up energy costs.

“Why are we continuing to have this bad bill on the books?,” said Sen. Ted Harvey, R-Highlands Ranch, who sponsored the repeal effort. “This bill rights a terrible wrong.

The 20 percent target is common throughout much of Colorado, but supporters of Harvey’s bill testified that the new standard hurts rural parts of the state, in particular.

They insist that the mandate will hurt rural economies, even though the law puts a 2 percent cap on energy rate hikes.

Sean Conway, a Weld County Commissioner, told the State, Veterans and Military Affairs Committee that the bill is unfair and that lawmakers should “hit the reset button” on the legislation.

Conway was a leader behind a recent movement by several counties to secede from the state, due in large part to last year’s passage of Senate Bill 252.

“The 800-pound gorilla in this room is that rural-urban divide,” Conway said.

But several testified against Harvey’s effort, saying that the new standards have expanded the renewable energy field in the state and has created new jobs.

“What I heard overwhelmingly from the testimony today is that Senate Bill 252 has led to job creation,” said Sen. Jessie Ulibarri, a Democrat from Adams County and committee chairman.

Ulibarri added that he “did not hear specifically from rural electric cooperatives their concerns on this bill.”

As expected, the repeal effort failed on a 3-2 party line vote. The State, Veterans and Military Affairs Committee is known as the “kill committee” inside the Capitol, a place where certain bills proposed by the minority party are sent to die.

Earlier in the day, Harvey and other Senate Republicans held a press conference, where they blasted Democrats for sending a good number of their bills to the so-called kill committee.

But the committee has been used in similar fashion by Republicans in the past. And Democrats insist that every bill will be considered appropriately.

“There is no promise of outcome,” said Ulibarri. “There is a promise of a fair hearing.”

The repeal bill’s defeat hardly spells the end of this issue. A Republican effort to reduce the energy mandate from 20 percent to 15 percent was introduced in the House the same day.

This session, Republicans will also seek repeals or changes to other pieces of Democrat-sponsored laws that were enacted last year, such as gun-control legislation and election reform.

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Daniel and Priscilla Schnell of Elizabeth CO are proud to announce the engagement of their daughter Maria Constancia Schnell, to Mr. Harlan Peter Brakeley of Middlebury, Vermont. Maria is a 2003 graduate of Elizabeth High School and received her Bachelors and Masters degrees from University of Colorado. Harlan is a graduate of Colorado College, CO Springs.

Both are employed in the technology field, Maria with Infor Corporation and Harlan with Nordstrom Corporation. A May 10, 2014 wedding is planned in Castle Rock, CO, where the couple will make their home.

Congratulations and blessings to Maria and Harley as they begin their lives together.

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5

Elbert County News 5

January 23, 2014

County foreclosures declining Only 54 properties sold at auction in 2013

By George Lurie

glurie@coloradocommunitymedia.com An improving economy and rising real estate market have stemmed the tide of foreclosures in Elbert County, according to the county’s Treasurer and Public Trustee Rick Pettitt.

Pettitt conducts public trustee sales nearly every Wednesday morning in his courthouse office in Kiowa. He said that in 2013, just 54 commercial and residential properties around the county changed hands via foreclosure.

In 2012, Pettitt’s office facilitated the sale of 98 foreclosed properties.

“The first year I was in office (in 2011),” Pettitt added, “we started the foreclosure process on 221 properties.”

Bid information on properties included in Pettitt’s trustee sales have to be received by his office by noon on the Monday prior to the Wednesday sale.

Pettitt said that only “about half” of the properties that start the foreclosure process wind up being sold to the highest bidder.

In some cases, the banks holding the mortgage on the properties do not receive any bids higher than their posted sale price and “end up taking the properties back themselves,” Pettitt explained.

The county posts information regarding upcoming trustee sales on a courthouse bulletin board as well as on its website.

“At the Wednesday sales, if someone bids even a dollar over the bank sale price,

 HAVE A LEGISLATIVE QUESTION? Email Colorado Community Media Legislative Reporter Vic Vela at vvela@coloradocommunitymedia.com or call 303-566-4132.

they get the property,” said Pettitt.

If multiple buyers are interested in a property, Pettitt conducts an on-the-spot auction and the property is sold to the highest bidder.

Only one property was included in the trustee sale for the week of Jan. 13 — a residential property a bank was listing for sale at slightly more than $500,000. The current “market value” of the home, according to the information included in the sale announcement, was nearly a million dollars.

“Sounds like somebody could get a bargain,” said Pettitt.

The steady decline in foreclosures

elbert county news

around the county is “indicative of what’s going on all across the state,” Pettitt said.

“Now there are less people in trouble” — underwater on their mortgages — “and the overall economy is getting better.”

In fact, the county’s real estate market appears to be gaining momentum.

Kyle Fenner, director of Community and Development Services reported at a recent BOCC study session the number of “new builds” — construction permits issued by the county for new homes — has doubled every year since 2011.

“There were 78 new builds in 2013,” Fenner reported.

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Franktown

Lone Tree

Parker

Trinity Lutheran Church & School

Sunday Worship 8:00 & 10:45 a.m.

Trinity Lutheran School & ELC (Ages 3-5, Grades K-8)

 303-841-4660 www.tlcas.org  Castle Rock  First United

Methodist Church  1200 South Street  Castle Rock, CO 80104 303.688.3047 www.fumccr.org

 Services:  Saturday 5:30pm

Sunday 8am, 9:30am, 11am Sunday School 9:15am

Little Blessings Day Care www.littleblessingspdo.com

Plans Gone Astray? To whom will you go when you’re out of ideas?

There are times when we simply need a gracious God to guide us. Come and join us at 9:30 a.m. Sunday mornings at Lone Tree Civic Center, 8527 Lone Tree Parkway.

For directions and any questions about our ministry, contact Pastor Craig: (303) 883–7774 Immanuel Lutheran Mission is a member congregation of Lutheran Congregations in Mission for Christ

Lone Tree

Chabad

Lone Tree

Lone Tree

Highlands Ranch

Church of Christ GRACE PRESBYTERIAN Sunday Worship - 10:00am Bible Study immediately following Wednesday Bible Study - 7:30pm

Alongside One Another On Life’s Journey

303-792-7222

Currently meeting at: 9220 Kimmer Drive, Suite 200 Lone Tree 80124 303-688-9506 www.LoneTreeCoC.com

Sundays at 10:00 am

Littleton

Greenwood Village

Jewish Center

Douglas County’s only Synagogue, Hebrew School and Preschool No membership required www.DenverJewishCenter.com

www.gracecolorado.com

You are invited to worship with us:

Where people are excited about God’s Word.

You’re invited to a No charge Public welcome Singles, Couples, Marrieds and Families of all ages are welcome.

CONFERENCE

JAN. 24-26, 2014

Friday 7PM, Sat. 7PM, Sunday 10:45AM & 6PM

4391 E Mainstreet, Parker, CO 80134 Office (303) 841-3836

www.parkerbiblechurch.org

Joy

Grace is on the NE Corner of Santa Fe Dr. & Highlands Ranch Pkwy.

(Across from Murdochs)

LUTHERAN CHURCH, ELCA

303-798-8485

An Evangelical Presbyterian Church Sunday Worship 10:30 4825 North Crowfoot Valley Rd. Castle Rock • canyonscc.org 303-663-5751 “Loving God - Making A Difference”

A place for you

Denver Tech Center

Welcome Home!

Weaving Truth and Relevance into Relationships and Life

worship Time 10:30AM sundays 9:00am Spiritual Formation Classes for all Ages 90 east orchard road littleton, co

Congregation Beth Shalom Join us at Sheraton Denver Tech Center 7007 S Clinton Street in Greenwood Village

www.cbsdenver.org

303-794-6643

Highlands Ranch

4900 S Syracuse St, Denver, CO 80237

10 am every Sunday Free parking

www.gracepointcc.us

First Presbyterian Church of Littleton Open and Welcoming

Sunday Worship

Current Study:

8:00 am Chapel Service 9:00 & 10:30 am

Spiritual Ancestry Pastor Mark Brewer

Sunday School 9:00 & 10:30 am Sunday

8:30 a.m.

11:00 a.m.

1609 W. Littleton Blvd.

(303) 798-1389 • www.fpcl.org

www.st-andrew-umc.com 303-794-2683 Preschool: 303-794-0510 9203 S. University Blvd.

Highlands Ranch, 80126

Sunday Worship

8:45 am & 10:30 am

Worship Services Sundays at 9:00am

9030 Miller road Parker, Co 80138 303-841-2125 www.pepc.org

(Next to RTD lot @470 & University)

303-791-3315

pastor@awlc.org www.awlc.org Open hearts. Open minds. Open doors.

Connect – Grow – Serve

8391 S. Burnley Ct., Highlands Ranch

(nearby I-25 and Arapahoe Rd.)

303 798 6387 Meets at the Marriott DTC

Abiding Word Lutheran Church

Parker evangelical Presbyterian church

Parker

SErviCES:

Saturday 5:30pm

Sunday 8:00 & 10:30am

Education Hour: Sunday 9:15am Joyful Mission Preschool 303-841-3770 7051 East Parker Hills Ct. • Parker, CO 303-841-3739 www.joylutheran-parker.org United Church Of Christ Parker Hilltop 10926 E. Democrat Rd. Parker, CO • 10am Worship www.uccparkerhilltop.org 303-841-2808

Parker

Community Church of Religious Science Sunday services held in the historic Ruth Memorial Chapel at the Parker Mainstreet Center

...19650 E. Mainstreet, Parker 80138

New Thought...Ancient Wisdom Sunday Service

& Children’s Church 10:00 a.m.

Visit our website for details of classes & upcoming events.

303.805.9890

www.P a r k er C C R S.org P.O. Box 2945—Parker CO 80134-2945

To advertise your place of worship in this section, call 303-566-4091 or email kearhart@ColoradoCommunityMedia.com.

6-Opinion

6 Elbert County News

January 23, 2014

opinions / yours and ours

Time for major immigration reform Colorado is home to roughly half a million immigrants, about a third of whom are undocumented, according to a report by the Center for Immigration Studies.

More than 11 million undocumented immigrants are estimated to be in the United States.

In Colorado and across the nation, industries like farming and construction rely on the labor provided by workers who are not in the country legally. To that end, the way of life enjoyed by so many Americans is dependent upon them.

The system, however, under which these immigrants work, live and learn is broken. Few would argue against that point. But what’s to be done?

Spearheaded by a bipartisan “Gang of Eight” — which included Sen. Michael Bennet, of Colorado — a comprehensive immigration-reform measure passed, with support from a number of Republicans, through the Democrat-controlled U.S. Senate last June. The bill, S. 744, went nowhere in the House, though.

Early signs are that the Republicancontrolled House has no plans to take up a single comprehensive bill this year either,

our view but will instead address immigration in a piecemeal fashion of multiple measures.

It is encouraging that the House plans to address this critical issue, and in fact, there are reports that Speaker John Boehner aims to unveil the principles of the plan before the end of the month. But as they forge ahead with a plan of their own, we urge House leaders to embrace the primary tenets of the Senate-passed measure.

For one thing, S. 744 is good for business. A letter sent to the Senate last June in support of the bill was signed by myriad business organizations, including the Denver Metro, South Metro Denver and U.S. chambers of commerce.

In part, the letter said: “America’s current immigration system is broken and does not meet the needs of our citizens or businesses. Improvements to our nation’s immigration policies are long overdue and are essential to contin-

ued economic growth. We especially applaud the efforts of the bipartisan `Gang of 8’ for their leadership on this issue and commend the entire Senate for your hard work on this difficult and controversial issue.”

The U.S. Chamber of Commerce, hardly a stronghold of liberal ideals, is one of the most outspoken proponents of comprehensive immigration reform in general and S. 744 in particular, touting a study that says the nation’s economy would stand to grow by $1.5 trillion over 10 years.

S. 744 — also known as the Border Security, Economic Opportunity, and Immigration Modernization Act — takes a truly broad-based approach to reform.

Among other things, the bill calls for: • More than $40 billion of initial funding to shore up border security.

• Mandatory use by employers of an electronic employment verification system known as E-Verify.

• Creation of a Registered Provisional Immigrant program that includes background checks and mandates the payment of application fees. RPI status may be renewed after six years and immigrants can

pursue lawful permanent residence after 10 years, if they remain employed, pay taxes, pass background checks and meet English proficiency requirements.

• A faster track to lawful permanent residence for undocumented immigrants who came to the United States as children and for agricultural workers.

• A path to citizenship, for those who fulfill the RPI requirements, which would take 13 years or more.

That last point, the path to citizenship, has been one of the more controversial aspects of the bill and was met with large resistance by House Republicans last year.

We’re not sold on the necessity of it being part of an immigration overhaul, but we understand and appreciate the importance it plays for both lawmakers behind the bill and for immigrants whose dream includes citizenship.

With worker shortages looming and wasteful spending rampant on a current system that isn’t getting the job done, S. 744 is, on the whole, a beacon of hope.

Leaders in the U.S. House of Representatives would do well to follow the light — and act now.

The curmudgeon takes a holiday

See you at the top, or over it If you have ever experienced skiing with a group or with your family, you just may be familiar with this statement, usually shouted from a chairlift down to a family member or friend on the slopes, or even spoken into a cell phone when two parties have been separated from one another, “I will see you at the top.”

Although I have been skiing in Colorado for the past 18 seasons, this still happens to our family, as a matter of fact it happened a couple of weeks ago as I was skiing with two of my children.

We became separated and as I was going back up the chairlift I found myself shouting down to my son, “I’ll see you at the top!”

And spending as much time skiing each year as I do, I have had the opportunity to hear the phrase “See you at the top or meet me at the top” with great frequency.

This statement has special meaning for me for other reasons too. Zig Ziglar’s first book is titled “See You at the Top.” Millions of people have been impacted by this book as it is a guide to personal and professional success. Having worked with Mr. Ziglar and his family for many years, just hearing the words “See you at the top” brings back incredible and wonderful memories for me.

Where is the “Top?” It’s all relative right? I mean the “Top” for you may be different than the “Top” for your neighbor or coworker. When we are skiing and get separated it’s easy to identify where the top actually is on the mountain. But in life, the “Top” can be a tricky thing for some people to identify with or just have a hard time seeing happening for them-

selves.

The book, “See You at the Top” focuses on things like having a healthy self-image, the importance of a positive attitude, building winning relationships, setting and achieving goals, and living with hope. So you see, it’s not targeted at any specific role or job type, it is a book that was written to meet people, all people, wherever they are on their success journey.

Mr. Ziglar didn’t stop there though, as he continued to motivate and inspire millions of people around the world, he changed the ending to each one of his talks. Instead of ending with, “I will see you, and yes I do mean you at the top,” he changed it to “Hey I am going to see you, and yes I do mean you, not just at the top, I am going to see you over the top.” That little change and reminder at the end of his talks or seminars made all the difference for me personally in the pursuit of my goals as I know there is always more to strive for.

And every time I hear someone else shout it from a chairlift or from the slopes I am reminded that the “Top” is only a temporary destination in our life journey and pursuit of happiness and Norton continues on Page 7

It’s snowing and the dog won’t go outside. Meanwhile, the dog across the street, Taz, is outside rolling around, jumping up and down, and playing mumblety-peg with a squirrel.

We have no appointments and no meetings. We are both safe and sound and warm. I have nothing to complain about today, and that may be a first. I am sure I could pick at a scab and write about an injustice or a tragedy or Detroit, but I am not going to.

The curmudgeon, the fault-finder, is taking some time off to look around and smell the Sumatra. It probably won’t last very long. I think if I stayed away from the television, the newspaper and the computer for a few days I could stretch this out. But I haven’t even come close to doing that since I was in rehab, and that was 16 years ago.

The rehab I went to was a sanctuary. I didn’t have to wear a hospital gown, and I wasn’t chained to my bed. We could leave for a couple of hours every day, within a specified radius, and as long as we didn’t go to our homes or to Colfax.

One girl went to Colfax the night before

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her graduation, and she was shown the door.

Anyway, I am not going to offer an opinion about Martin Scorsese’s new film, which sets a record for the f-word in an R-rated film at 506. Or offer an opinion about MSNBC’s apology for its bit on the Romneys’ adopted grandson. Or comment about the zero degree temperatures that nearly half the population is experiencing right now.

I am wearing blinders.

Well, no, that’s impossible, isn’t it?

If I had been wearing blinders I wouldn’t have known that Phil Everly died. I have written about the Everly brothers before.

They affected my life. The first song I heard Marshall continues on Page 7

A publication of

Phone: 303-566-4100 | Fax: 303-566-4098 On the Web: elbertcountynews.net Columnists and guest commentaries The Elbert County News features a limited number of regular columnists, found on these pages and elsewhere in the paper, depending on the typical subject the columnist covers. Their opinions are not necessarily those of the Elbert County News.

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Include your full name, address and the best number to reach you by telephone.

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7-Color

Elbert County News 7

January 23, 2014

Chatfield project edging closer Healey One more hurdle to clear before heading to governor

By Jennifer Smith

jsmith@coloradocommunitymedia. com The Colorado Parks and Wildlife Commission unanimously accepted the Chatfield Reservoir Reallocation Project plan during its Jan. 9 meeting, sending it on next to the Colorado Water Conservation Board and ultimately to the governor.

Chairman Bill Kane, while acknowledging the concerns of many citizens who addressed the board, noted the document is compliant with the law.

“We have to decide if the greater good is served by approval or denial,” he said.

“And we’ve got to figure out of the perfect could potentially be the enemy of the good.”

The U.S. Army Corp of Engineers authored the plan in an effort to meet the growing need for water in the metro area.

It recommends reallocating 20,600 acrefeet of water from flood control to usable storage, raising the water in the recreation area by 12 feet. Water would cover more of the park, requiring reconfiguration of the marina and other amenities.

“Chatfield wasn’t originally meant to be recreational,” said Commissioner Dean Wingfield. “We’re going to put a hiccup in it, but I don’t know what it’s going to look like in 20 years. I think my children and my grandchildren will see a very beautiful Chatfield.”

The statewide Water Supply Initiative

Audit Continued from Page 1

“It usually only takes the state a day or two to release the funds once they approve the audit,” Pettitt said.

The accounting firm of Eide Bailey is performing the work.

Pettitt said he had not checked the exact amount of the funds currently frozen since earlier this month.

“This is really a slow time of the year for collecting taxes so I wouldn’t think the amount (frozen) has increased that much,” Pettitt added.

The treasurer said the ongoing situation has not caused cash-flow issues for the county. “All of our bills are continuing to be paid.”

Norton Continued from Page 6

success. It’s the attitude of going further, beyond the top, that drives me to want to work harder at my goals. For me it is about going “Over the top.”

What do you think about when you hear the words, “See you at the top?”

Marshall Continued from Page 6

on my new transistor Toshiba in 1958 was “All I Have to Do is Dream.” That’s a good theme for living.

All of Alice’s adventures were in a dream.

But life is only dreamy now and then.

It can hit on us with a closed fist. The big picture can smack us with worldly current events, or it can smack us in our own homes. It’s not going to smack me today.

I hope.

Do you recognize this? “Living is easy with eyes closed, misunderstanding all you see.” The answer is at the end of the column.

Unless you live in a packing crate, it’s almost impossible to dodge current events.

They come at us from every direction.

estimates Colorado will need between 600,000 and 1 million acre-feet annually of additional municipal and industrial water by the year 2050.

“There is also a strong need for additional water supplies for the agricultural community in the South Platte Basin, as thousands of acres of previously irrigated land has not been farmed in recent years due to widespread irrigation well curtailments,” reads a Corps press release.

The final report outlined three other options but concludes this is the least costly and has the most local support. It says this option would provide $8.42 million annually in economic benefits, while acknowledging there could be adverse effects on recreation and the environment that will be “mitigated to the most sustainable alternative to below a level of significance.”

Communities downstream from the dam have expressed concern that the changes will negatively impact the South Platte River as it runs through them, and the Corps acknowledges those flows are a key uncertainty.

“While mitigation and modification plans have been developed … in coordination with resource agencies, there is still a level of concern that implementing a reallocation could lead to a somewhat different condition for which environmental mitigation or recreational facility modification has not been designed appropriately,” reads the study.

It says the water providers are working closely with resource agencies on projects that could pick up where the mitigation efforts leave off.

Schlegel said the 2012 audit “is going through executive review right now and we’ve been promised that it will be done no later than January 31, and earlier if possible. They are working as quickly as they can.”

When the audit is completed, Schlegel said the BOCC will set a special meeting “to accept it” and then the document will be forwarded to the state.

A similar situation occurred in 2012 when the county also missed repeated deadlines to submit to the state its yearend 2011 audit. In that case, the state froze more than $117,000 in county property tax revenues for nearly two months until the report was received by the auditor’s office.

At the Jan. 14 study session, Rowland vowed: “This is going to be the last time the county finds itself in this position.”

Where is the “Top” for you? Have you ever imagined what could be beyond the “Top” or as Zig says, “Over the top?” for yourself?

I would love to hear all about it at gotonorton@gmail.com and when you do seek the top or going over the top it will definitely be a better than good week.

Michael Norton is a resident of Highlands Ranch, the former President of the Zig Ziglar Corporation and the CEO/Founder of www.candogo.com.

I am guilty of straying to some news services while I am writing my columns, and there I am again, on the Grumbleville bus. But not this time.

Maybe tomorrow. Don’t get used to this.

The trick to an upbeat day is to avoid Christiane Amanpour. She’s great, but she always in the thick of something, halfway around the world. It’s forever dire straits with her, not those uplifting stories about corn roasts and sugar gliders.

The TV movie of the day is “No Country For Old Men.” Best to avoid that one too.

I don’t know how some people do it.

How some people have days like this every day. I have a friend who is informed, but nothing ever wrinkles her forehead.

Nothing is going to wrinkle my forehead today. It’s “Strawberry Fields Forever.”

Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at craigmarshallsmith@comcast.net.

Continued from Page 2

“ . . . to make that boat his — The Max,” Topher said. “He’s in the bar area looking out on the lake. It just makes so much sense.”

In mid-February, a celebration of life for Max will be held at his Denver restaurant. Those who come should wear happy colors. No black. No tears.

Because Max wouldn’t want crying, Topher said.

He loved life too much.

Topher tells this story about the Grand Lake cabin:

Dolin Continued from Page 1

under state law.

Before Judge Holmes handed down the sentence, Dolin read a brief statement. “I am sorry for what I did to my daughter,” he said.

“If I didn’t hurt her, she would be here today.

I will never forgive myself.”

Dolin, who had no previous criminal record, had been taking care of his infant daughter and 3-year-old son Landon while his wife went to college one night a week.

On March 14, 2012, Elbert County sheriff’s deputies responded to a call for medical help involving an infant having seizures at Dolin’s Elizabeth residence.

The baby was initially seen at Children’s Hospital in Parker and subsequently transported to Children’s Hospital in Denver, where she was placed in a medically induced coma while being treated for cranial bleeding and broken ribs.

The baby died from those injuries on April 1, 2012.

When questioned by police, Dolin initially claimed his son had hit the baby in the face with a Spiderman toy but later changed his story and said the baby had fallen off a couch onto a cement floor while he was out of the room folding laundry.

When the child started acting strangely, Dolin said he put her in a warm bath and

“We’re known for staying up way too late there and having Lemon Lodge renters yell at us. One day, a couple of Lemon Lodge renters come up and say they’re trying to go to bed . . . and how much longer will you guys be staying up?”

Max glanced at his watch, then looked up.

“We’ve been partying for 23 years here,” he said, “and think we’ve got 23 more to go.”

Cheers.

Ann Macari Healey’s column about people, places and issues of everyday life appears every other week. She can be reached at ahealey@coloradocommunitymedia.com or 303-566-4110.

later admitted to shaking her when she continued to have seizures.

But doctors found evidence of multiple injuries to the baby’s ribs and other parts of her body that the child had suffered prior to her March 2012 hospitalization.

Dolin was arrested two days after the baby was hospitalized and has been held for the past 21 months in the Elbert County jail.

At the sentencing hearing, Janice Kimball Prokop, the baby’s great grandmother, said, “The reason Marlayna is gone is because someone shook her, broke her, destroyed her developing little brain. This was no accident.

With her death a family was destroyed.”

At the hearing, all of the victim’s family members and supporters wore buttons displaying a photo of baby Marlayna.

“I am forever grateful to this community for its support and for taking a piece of our pain,” said Jaime Dolin.

In a statement issued after the sentencing, 18th Judicial District Attorney George Brauchler said, “There is no place in our society for a parent who kills their own child.

The years this man will spend in prison are meaningless when compared to the years he stole from the most vulnerable, most defenseless, the most innocent life in our community. May the image of her sweet face never leave his mind.”

Dolin, who must serve at least 75 percent of his sentence, will be eligible for parole in 2034. He was also ordered to pay restitution in the amount of $51,450.

OBITUARIES Jackson

Edna Jackson

Nov 10, 1916 - Jan 15,2014

Edna Jackson passed away January 15 in Colorado Springs. She was born November 10, 1916 in Bovina, Colorado. She was preceded in death by her husband, Samuel Jackson, of 62 years. She is survived by her children, Roy (Kay) Jackson, Rick (Joetta) Jackson, and Rockey (Karen) Jackson, 7 grand-children, 19 great grandchildren and a brother Ray Henry of Hugo, CO. Services were held Monday January 20 at Elbert Christian Church. She was laid to rest at Elbert Cemetery.

In lieu of flowers, please make donations to Elbert Women’s Club, P.O. Box 302, Elbert, CO 80106

To place an Obituary for Your Loved One… Private Contact: Viola Ortega 303-566-4089 Obituaries@ColoradoCommunityMedia.com

Funeral Homes Visit: www.memoriams.com

Local Focus.

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South MetroLIFE 8-Life-Color

8 Elbert County News January 23, 2014

Passport to Paris nears end of trip

Lacey Connell as Peter Pan and Stephen Day as Captain Hook in “Peter Pan” at PACE. Photo by Focus Tree

Peter Pan flies at PACE Director hopes traditional play has elements of surprise

By Sonya Ellingboe

sellingboe@coloradocommunitymedia.com While there have been many onstage versions over the years since it was published in 1904, J.M. Barrie’s beloved tale of “Peter Pan,” the boy who didn’t want to grow up, will be true to the familiar Mary Martin version that appears occasionally on TV. Now under Disney’s careful control, it has become part of our cultural fabric and when it fills the large stage at the PACE Center in Parker, directed by Ben Dicke and produced by Starkey Theatrix, a new generation of children will experience the delight of seeing Peter, Wendy, Michael, Nana, the pirates, Indians, Banks’ nursery and Never-Never Land.

“How do we make it our own? Everything is so expected,” Dicke asks.

With a strong professional cast, lavish costumes and a special set built by the PACE technical crew, it promises to be a magical production. Dicke said

IF YOU GO “Peter Pan” plays at 7:30 p.m. Jan. 24, 25, 31, Feb. 1, 8; 2 p.m. Jan. 25, 26, Feb. 1, 8, 9 at the PACE Center, 20000 Pikes Peak Ave., Downtown Parker. Tickets cost $16 to $25, with a 20 percent discount for children: 303-8056800, PACEcenteronline.org.

he started the rehearsal process with a movement workshop.

Lacey Connell, who has been playing Dorothy in “Wizard of Oz” at the Colorado Springs Fine Arts Center, stood out in auditions and call-backs and will be the forever-young Peter — a role traditionally played by a woman. Veteran actor/ singer Stephen Day will play the menacing Captain Hook.

Flying by Foy has been in the business of flying Peter Pan since Mary Martin played the part on Broadway in 1954 with the great Cyril Ritchard as her Captain Hook.

Director Dicke said the Foy’s employee in charge in Parker has been in the business for 15 years and flew in from Las Vegas just to get the job done.

“We have the best musical director in

town, David Nehls, a fine choreographer in Matthew Peters and Laurie Klaperich brought neat colors for costumes,” said Dicke, who is excited about how the performance is coming together.

“I hope it’s the Peter Pan you know and recognize — and haven’t seen before,” he commented. He imagines tickets will be in short supply by the second weekend.

Dicke’s MFA in Theatre Performance is from Roosevelt University in Chicago, a city where he performed before moving to Denver.

His family and fiancée are from this area, so Englewood will remain home base, although he and his fiancée have a New York apartment, where he will return once “Peter Pan” is up and running.

He performs and directs on regional stages around the country.

In addition to his theatrical career, Dicke, 34, continues to be involved in distance running. “I’m still trying to trash my body,” he said.

He runs distances from 5k to 100 miles on road and trail and is a proud member of not only Actor’s Equity Association, but of Rocky Mountain Road Runners.

Young soloist to perform with symphony Piano prodigy hails from China

By Sonya Ellingboe

sellingboe @coloradocommunitymedia.com “Great Stories in Music: the Fantastic Story of Peer Gynt” is the title for the next Littleton Symphony concert on Feb. 7 at Littleton United Methodist Church.

Incorporated in this performance is another great story: 18-year-old piano prodigy Jiaqi Long will perform Rachmaninoff’s “Rhapsody on a Theme of Paginini.”

Long was born in 1996 in Liuzhou, Guanxi Province, China and started piano studies at age 4. He won the Little Musician’s Piano Competition a year later in

IF YOU GO The Littleton Symphony Orchestra, conducted by Jurgen de Lemos, will perform at 7:30 p.m. on Feb. 7 at Littleton United Methodist Church, 5894 S. Datura St., Littleton, featuring pianist Jiaqi Long. Tickets cost $15/ $12/ free 21 and under: littletonsymphony.org, or Gorsett Violin Shop, 8100 Quebec St. B 206, Centennial (M-F 12-6; Sat 10-4). Information: 303-933-6824, info@ littletonsymphony.org.

his home province and won other competitions in the years that followed.

In 2007, he was admitted to the PreCollege Piano Division of the Guanxi Arts Institute, where he studied with Professor Cheng Jun, while he continued academic training at the Tiantao Elementary School.

While at the college, he had opportu-

nities to perform for special guests, including Daniel Sher, Dean of the CU College of Music and pianist Larry Graham, Emeritus Professor of Music at CU. In August 2010, with his parent’s support, he traveled to Colorado, where he is a student at Accelerated Schools and continues his piano studies with Professor Larry Graham and Jasmine Steadman, living with Jasmine Steadman and her husband Dale Steadman.

He continues to compete and won the 2012 Steinway Concerto Competition, earning the opportunity to perform with the Colorado Symphony and an invitation to play with the Littleton Symphony.

The program, conducted by Music Director Jurgen de Lemos, will also include; Liszt’s “Les Preludes,” and narration of Grieg’s fantastic tale for the “Peer Gynt Suite” by CPR Classical announcer David Rutherford.

“Passport to Paris,” three shows that feature French art from 1600 to 1900, will end their collective run Feb. 9 at the Denver Art Museum, 100 W. 14th Ave. in Denver.

Included: “Court to Café: Three Centuries of French Masterworks from the Wadsworth Atheneum;” “Nature as Muse: Impressionist Landscapes from the Frederick C. Hamilton Collection and the Denver Art Museum” (Hamilton just recently donated his collection to the museum); and “Drawing Room: An Intimate Look at French Drawings from the Esmond Bradley Collection.”

Extended hours are announced to make the shows accessible to more visitors: on Thursday evenings, the shows will be open until 7 p.m. and on Feb. 7, 8, 9, until 10 p.m. Timed tickets are required: Go to www.ParisinDenver.com. *Opening Jan. 26: “Fracture: Cubism and After” featuring 13 paintings in a rotation from the Museum’s collection showing skewed perspectives by creative types, including Picasso and Lichtenstein. Included in museum admission.

Wind Band music from three centuries

The Highlands Ranch Concert Band presents a broad collection of music in its first free concert of 2014, at 2 p.m. Jan 26 at St. Andrews Methodist Church, 9203 S. University Blvd., Highlands Ranch.

The program will include John Philip Sousa’s “Hands Across the Sea,” an 1899 march dedicated to America’s allies abroad and to the Highty-Tightys, the regimental band of Virginia Tech. Aaron Copland’s “Hoedown” from “Rodeo and a “Broadway Spectacular!” medley featuring “Hello Dolly!” “What I Did For Love,” “Mame,” “Tomorrow,” and Sunrise, Sunset” are also on the program.

For Information on how to join or on future programs, see www.hrconcertband.org or call president Kelley Messall, 303-683-4102.

Front Range Theatre Company

A Triple Threat Summer Camp is announced for 11- to 18-year olds from June 9 to 21 at Mountain Vista High School, 10585 Mountain Vista Ridge, Highlands Ranch. Sessions will run from 8 a.m. to 3 p.m. with instruction in voice, acting, dancing and technical theater.

Laurilea Williams, theater director for Mountain Ridge Middle School in Highlands Ranch is the point of contact and may be reached via email at frontrangetheatrecompanyed@gmail.com.

Also planned: a Professional New York City Tour from June 3-6 for students.

Film discussion series

Offered by Colorado Humanities, “Created Equal: America’s Civil Rights Struggle” will be a four-month series of film clips and conversation with Littleton and Denver community members who were involved. On Feb. 5 is “The Abolitionists” with Charles Everett Pace; Mar. 5 “Slavery By Another Name” with Helen Kearney; April 2 “The Loving Story” with Dr. Charles Fraser; and May 7 “Freedom Riders” with Carlotta Walls LaNier. Register for one or more online through the Library Main Calendar, www.littletongov.org or call 303795-3961.

9-Color

Elbert County News 9

January 23, 2014

BuSineSSeS W E D N E S D AY

F E B R UA RY

Relationships “Dogs Barking” by Richard Zajdlic plays Jan. 16 to Feb. 8 at the John Hand Theater, 7653 E. 1st Place, Denver. Presented by Silhouette Theatre Company, directed by Brian Brooks. Performances: 7:30 p.m. Thursdays; 2 p.m. Saturdays; 6:30 p.m. Sundays; 7:30 p.m. (No performance on Feb. 2); Industry nights Mondays Jan. 27 and Feb. 3. 7:30 p.m.

(Silhouette shares this theater with Spotlight, alternating performances.) Tickets: $16, 303-999-9143, www.silhouettetheatrecompany.org.

1515 ArApAHoe St, toWer 3, Ste 400, Denver, Co 80202

3:30pm

Orphans

11:30am

Boing Boeing

“Boing Boeing” by Marc Camoletti, translated by Beverly Cross and Francis Evans, plays through Feb. 9 at Town Hall Arts Center, 2450 W. Main St., Downtown Littleton.

Robert Wells is director. Performances: 7:30 p.m. Thursdays, Fridays, Saturdays; 2 p.m.

Sundays and Sat., Jan. 25; 6:30 p.m. Jan. 26.

Tickets: $20-$40, 303-794-2787, ext.5, www.

TownHallArtsCenter.com.

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“Stuart Little,” based on E.B. White’s tale of a most unusual mouse, is presented by Dallas Children’s Theatre at Lone Tree Arts Center. Performances on Feb. 5 at 10 a.m., 12:30 p.m., and 6 p.m. Tickets: $8, 720-5091000, www.LoneTreeArtsCenter.org.

“Orphans” plays through Feb. 9 at Edge Theatre, 1560 Teller St., Lakewood. Performances: 8 p.m. Fridays, Saturdays; 6 p.m.

Sundays (no show Feb. 2); Industry night 8 p.m. Jan 27. Tickets: theedgetheater.com.

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Presented by Performance Now, “Damn Yankees” will play Jan. 31 to Feb. 16 at the Lakewood Cultural Center, 470 S. Allison Parkway, Lakewood. Britta Lee is director, with musical direction by Ken Goodwin of Highlands Ranch. Performances: 7:30 p.m.

Fridays, Saturdays; 2 p.m. Sundays. Tickets: $28/$25/$21. 303-987-7845, www.performancenow.org.

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The designers behind a $200,000 electronic message board that will go in front of the Parker Arts, Culture and Events Center say they wanted to create a window to the action inside.

Sporting a 12-by-6-foot LED screen, the new gateway art piece will announce shows to passing motorists and pedestrians once it’s installed this spring. At 20-feet tall, the sign will quickly become a noticeable landmark along East Mainstreet near Pine Drive.

Bob Gnaegy, signage designer for TaCito Design, Inc., said he wanted to create a look that complements the PACE Center’s architecture and “draws eyes to the building.”

The sign is being built by YESCO, a company also creating a sign for the new Charles Schwab campus on Lincoln Avenue near Interstate 25 in Lone Tree.

The idea was to make an aesthetic statement by designing a sculpture with a “sign carefully integrated into it,” Gnaegy

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said. The team wanted to avoid a typical LED sign on a stone base. The result was what looks like an “abstract artist’s easel,” which Gnaegy described as a fitting analogy for supporting PACE artists and their work in all types of media.

It’s not overpowering and capably blends art and technology, he said, adding it was “appropriate to go beyond convention” because of the message board’s intended use.

Councilmember John Diak said some residents don’t know where the PACE Center is located and he expressed concern that the piece “doesn’t create a brand” because the performing arts venue’s name isn’t on the sign.

“Something that says `PACE Center’ would be more appealing,” he said.

The venue name will be used in advertisements for upcoming shows on the large screen, according to the team charged with creating the message board.

A handful of young trees lining East Mainstreet could be removed because of concerns that future growth could obstruct the sign. One councilmember suggested using planters containing flowers to replace them.

The sign is expected to be the first piece in a sculpture garden that will decorate the PACE Center’s front lawn.

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10 Elbert County News January 23, 2014

ELIZABETH BOYS TAKE TWO IN A ROW Cardinals improve to 9-4 overall with league wins

By Scott Stocker

Special to Colorado Community Media In a way, it was somewhat a brutal night for the Elizabeth boys basketball team in their Colorado 7 League game against Weld Central. However, the Cardinals were able to prevail with an 83-75 victory over the visiting Rebels on Jan. 17.

And it certainly wasn’t any easier for Elizabeth the next day against visiting Fort Morgan, despite the 76-64 victory. With the wins, the Cardinals improved to 9-4 overall and 2-1 in league play. Fort Morgan fell to 10-4 and Weld Central 4-9, with both opponents now 2-2 in the league standings.

Six of the Elizabeth players, led by Aaron Stone’s 22 points, were able to score in double-figures in the wild victory against Weld Central. The game was tied 39-39 at the intermission with the Cardinals gaining a 51-50 edge heading into the final quarter.

“It was very physical, but we played well overall,” said Stone, who scored eight of the Cardinals first 12 points in the final stanza. “It was just best to leave it all out on the court. We tried not to be in hurry, save the ball and share it. It was a good game to have when it comes to physical output.”

Trevor Boss, who accounted for 11 points, was in total agreement.

“It was like playing tag out there,” Boss said. “Our key was rebounding and not to sell out on defense. Just go out there are score. We were able to fight back throughout the night and with Jake (Gavitt) out, we just all needed to push harder. We’ll have him back, but we did miss him out there.”

Gavitt, who has been the leading scorer for Elizabeth this season, is out with an injured knee. He is expected back in the lineup within a couple of weeks.

Elizabeth, coached by Mike Boss, was able to gain command in the fourth quarter as the Cardinals went on a 14-3 run within the quarter’s first three-minutes.

From there, it was just holding on.

“The boys came up hard, knowing they would be without Jake,” Boss said. “It was definitely one of our most physical games to date.”

Indeed, a comment well accepted by Elizabeth’s Brandon Severinsen, who came through with 14 points for the winners.

“We just couldn’t seem like we could connect early,” Severinsen said. “They were tough and we knew they were going to be tough. We just wanted to play hard and without Jake, we just had to find our way to come through. It was a teamwork game that got us through. That second half went well.”

On the other side of the court, it was a tough loss for Weld Central and coach Brett Cloepfil.

“Both teams went out there and competed well,” Cloepfil said. “It was an ex-

tremely physical game, one of our toughest of the season in that respect. We just didn’t do a good enough job stopping them in that fourth quarter. We had our second half problems and just gave up a lot of points.”

Certainly the thoughts of Weld Central standouts, Austin Bull, who scored 20 points and Dyllan Galligan, who tallied 19 in the losing effort.

“It was a rough night and (Stone) was certainly good against us,” said Galligan.

“I think it was our best game point-wise, but we still lost. They got the offensive rebounds when it counted — we just couldn’t seem to come through when we needed it the most.”

Added Bull, “It was pretty chippie out there, too. We just needed to overcome the physical play and execute on defense. We had some good stops, but not enough. I certainly will look forward to playing them at home (Feb. 11).”

It was considered a toss-up the following night when Elizabeth hosted Fort Morgan, coached by Chad Unrein, as both team are considered true league championship contenders. Yet the Cardinals were able to establish a 41-26 halftime lead putting solid pressure on the Mustangs.

And it was pressure Elizabeth had to overcome as Fort Morgan battled back.

“We were up by 20 points midway through the third quarter and it seemed that we just lost focus in the fourth,” Mike Boss said. “It was something to learn from and to adjust. Aaron Stone was tough

again. The key for us is to adjust offensively, share the basketball, have our drives and get some good outside shooting. The offense was good. We just need to get better on defense.”

Leading the way for Elizabeth against the Mustangs was Ryan White and Trevor Boss, who both came through with 21-point efforts. Logan Weber only scored two points, but he was a standout defensively for the Cardinals.

“This is a game in which we came out and got into it, and, it was better than we played last night.” White said. “We hit the three’s and we played some solid defense, getting a lot of steals. After the first half we had a talk saying we had to come out with more effort and we did, getting a big lead.

I think we were more effective in creating our shots tonight.”

Weber had solid thoughts on the pressure Fort Morgan could probably provide.

“We knew that with Fort Morgan we had to fight to the last minute and to really cut down on our mistakes,” Weber said. “This was a very big game for us as our two teams are right in the chase for the league title.

With Jake out, we also knew that we all had to have a much larger effort on our parts.”

Unrein knew it was going to be a rough night, but it certainly didn’t come out as he had hoped.

“We just didn’t shoot well, 26 out of 86 for the game,” Unrein said. “In the first half we were 10 of 39. Not a way for us to go.”

CARDINALS GIRLS CRUISE TO 11-1 RECORD Elizabeth overcomes mistakes to win big in pair of games

By Scott Stocker

Special to Colorado Community Media Mistakes, mistakes, mistakes. That was the word the Elizabeth girls were repeating over and over at their game Jan. 17 against visiting Weld Central. Yet, despite the mistakes, the Cardinals still prevailed, 55-34 against their Colorado 7 League rival.

Mistakes are something you learn from and they were certainly at a minimum for Elizabeth in the Jan. 18 game against visiting Fort Morgan. As a result, the Cardinals were able to come through with a resounding 82-33 victory, thus running their record to 11-1, 3-0 in the league.

Despite the miscues, Elizabeth, coached

by Jaime Schmalz, was still able to top Weld Central, dropping the Rebels to 9-4 overall, 3-1 in the league.

Freshman guard Olivia Whitworth had one of her best outings of the season scoring 14 points for Elizabeth. She was joined in double-figures by Oregon-bound Tatum Newuberth, 17 points, and Sabra Ross, 13 points.

“Despite the mistakes, we still played well as a team,” Whitworth said. “No one is selfish and we just went out hard. We knew they would key on Tatum, too. I felt

ELIZABETH HIGH SCHOOL Boys basketball Elizabeth 76, Fort Morgan 64 Elizabeth used their 23 point third quarter to help them win 76-64 against Fort Morgan. Both seniors Trevor Boss and Ryan White scored 21 points in the game versus the Cardinals. Senior James Christiansen scored 12 points and junior Aaron Stone scored 10. Stone grabbed six rebounds and senior Brandon Severinson had five.

Elizabeth 83, Weld Central 75

I shot pretty well and was able to play hard against their press. We didn’t allow them many points and that first half was solid defensively for us.”

Indeed it was. Weld Central, coached by Lynda Smialek, had its problems getting on the scoreboard.

Elizabeth jumped out to a 14-5 lead in the first quarter and led 32-10 at the half.

For all intent and purpose, the Cardinals had this one in the bag.

“I do think that we could have played a lot better against them,” said Kaylyn Radtke, who was a standout on defense for Elizabeth, while adding three points on one long shot. “They were scrappy, to be sure. But we all hustled out there.

“Our key was rebounding and playing that hard defense. My shot was off and I have to admit I was nervous coming into the game. We have a lot of respect for them and knew it was going to be difficult. We just had to keep our mistakes down. Still, we had a few more than any of us would have anticipated.”

“We just seemed to be playing sloppy and it definitely was one of our most sloppy games,” Schmalz said. “Our young girls stepped up tonight and they were able to carry us. It was one of the harder games for Tatum. Overall, I just don’t seem to have a clue as to why we played this way.”

Alicia Gerken was the only Weld Central player to reach double-figures with 10 points.

“We were able to overcome some of our first-half mistakes and play better in the second,” said Gerken, a 5-foot, 7-inch junior. “But Elizabeth is a very good team and we realized that from the beginning.

We came here ready to go, but Elizabeth is awesome. We were excited to play them and it’s certainly a learning experience.”

Smialek had similar thoughts.

“Elizabeth is certainly one of the best teams that we’ve played,” Smialek said.

“It is a learning experience and we will be looking forward to playing them in our next meeting at home. The first half was difficult, yet the girls were putting out a hard effort. We had the chances to score, too. We just couldn’t get the ball to go down.”

Elizabeth certainly had a different look, one in which they have had for much of the season, the following night against Fort Morgan. And, it certainly was a turnaround night for Neubert as she scored a game high 31-points. Twelve of those points came in the first quarter as the Cardinals established a solid 20-4 lead.

“We definitely rebounded from last night and I sure did on my part,” said Neubert, who is playing with a broken finger.

“Our defense was just outstanding. We saw the floor well and we had the offense working. It certainly was better than last night against Weld Central and I was able to work through the pain.”

Fort Morgan, coached by Jim Kreikemeier, was able to rebound somewhat in

With Elizabeth only being up by one point at the end of the third quarter, the Cardinals scored 32 points in the fourth to capture the win against Weld Central. Junior Aaron Stone scored 22 points for his team and senior Trevor Boss scored 11.

Seniors Ryan White and James Christiansen and junior Stuart Eurich all scored 10 points. Stone had 10 rebounds for the double double and Christiansen went 6-for-6 at the free throw line.

Senior Tatum Neubert’s 31 points helped with Elizabeth’s victory over Fort Morgan as they won 82-33. Senior Sabra Ross scored 17 points and senior Sara Ernst scored 11. The Cardinals have won six consecutive games and are 11-1 on the season.

4 p.m. - Elizabeth @ Pueblo South TUESDAY 7 p.m. - Elizabeth @ Englewood

UPCOMING GAMES

Girls basketball

FRIDAY 5:30 p.m. - Elizabeth vs. Fort Lupton SATURDAY

FRIDAY 7 p.m. - Elizabeth vs. Fort Lupton SATURDAY 2 p.m. - Elizabeth @ Roosevelt TUESDAY 7 p.m. - Elizabeth vs. Englewood

the second quarter, but still trailed 36-22 at the intermission. But Elizabeth broke the game wide open in the third quarter outscoring the Mustangs, 27-4, thus putting a big smile on Schmalz’s face.

“We just mixed it up a lot better tonight and played hard for the first three quarters,” Schmalz said. “Our three-point shots were going down and it certainly was pleasant to see the way Tatum redeemed herself tonight from last night. We were able to press defensively and then take some good advantage when we got the ball back. The girls concentrated and got the job done.”

Elizabeth’s Sabra Ross also felt she got the job done, coming through with 15 points following her 13-point effort against Weld Central.

“It just definitely was a team effort,” Ross said. “Our passing was on tonight and I was looking to get the ball to the others.

When I couldn’t, I just shot. Tonight we just didn’t feel afraid to get anything done. The offense was on track, certainly Tatum was.”

And, it was a game that had Kreikemeier shaking his head.

“We played hard, but definitely had our hands full,” Kreikemeier said. “Neubert is definitely a Division I player. What a young lady with talent. They started hitting the three’s and that hurt, as well, and they just had their floor game going. We just were not having that great of offensive night on our side. The girls tried, they were just overwhelmed.”

Prep sports Scoreboard

Elizabeth 82, Fort Morgan 33

Boys basketball

Girls basketball

11

January 23, 2014

Elbert County News 11

THINGS TO DO

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.

JAN. 26, Feb. 23 MONTHLY BREAKFAST The Elbert Woman’s Club plans its monthly breakfast from

8 a.m. to 1 p.m. Sunday, Jan. 26 and Sunday, Feb. 23 at the Russell Gates Mercantile Community Hall. Biscuits, gravy, sausage, ham, scrambled eggs, coffee/tea and juice are served for $6/adults and $3/children younger than 12. The hall is located in Elbert on Elbert Road between Highways 86 and 24, 11 miles south of Kiowa. Proceeds support the maintenance and renovation of the Hall, built in 1906.

share a few songs, perform, play along, sing along with others. Enjoy new guitar friends to jam with. Gerry Vinson hosts on the first Wednesday from 6:30-9 p.m., and Laurie Smith hosts on the second Wednesday from 6-9 p.m. Uncertain? Drop by and observe.

Banjo, ukelele, mandolin welcome. Call Laurie at 720-363-3531.

LAWYERS AT THE LIBRARY, a free legal clinic for parties who have no attorney, will be offered from 6-9 p.m. the second Tuesday of every month at the Elizabeth Library, 651 W. Beverly St. Volunteer attorneys will answer questions, help fill out forms and explain the process and procedure for the areas of family law, civil litigation, criminal defense,

property law, probate law, collections, appeals, landlord-tenant law and civil protection orders. Walk-ins are welcome. Everyone will be helped on a first-come, first-served basis.

MYSTERY BOOK CLUB meets at 9:30 a.m. the first Saturday of each month at the Simla Public Library. The group enjoys talking about a variety of mystery authors and titles. We also periodically host a Colorado author during our meetings. Everyone may join us, and registration is not required. Visit the Simla Branch of the Elbert County Library District at 504 Washington Avenue, call 719-541-2573, or email farabe@ elbertcountylibrary.org.

JAN. 31 to Feb. 2 DISCARD YOUR JUNK Bring your old furniture and miscellaneous junk to the Elizabeth Library from Jan. 31 to Feb. 2. ARC Thrift Stores will park a 45-foot trailer at the library, 651 W. Beverly St., and the more we fill the trailer, the larger the donation ARC will make to the Elbert County Libraries Foundation. Contact Wendy at 303-646-3792, option 7.

THE OUTBACK EXPRESS is a public transit service provided through the East Central Council of Local Governments is open and available to all residents of Cheyenne, Elbert, Kit Carson and Lincoln counties and provides an economical and efficient means of travel for the four-county region. Call Kay Campbell, Kiowa, at 719- 541-4275. You may also call the ECCOG office at 1-800-825-0208 to make reservations for any of the trips. You may also visit http://outbackexpress.tripod.com.

DIVORCE AND POST-DECREE CLINIC. Elbert and Lincoln County Pro Se Divorce Clinic is offered from 9 a.m. to noon the third Friday of each month at the Elbert County Justice Center, 751 Ute St., in Kiowa. For information, call 303-520-6088 or email morGan@hayday.org. The clinic is free for parties who have no attorney and who are going through dissolution of marriage, legal separation, or post-decree cases. All walk-ins are welcome, and will be assisted on a first-come, first-served basis.

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DOUGLAS-ELBERT COUNTY MUSIC TEACHERS’ ASSOCIATION meets at 9 a.m.

every first Thursday at Parker Bible Church, between Jordan and Chambers on Main Street. All area music teachers are welcome. Call Lucie Washburn, 303-814-3479.

THE ELBERT COUNTY SHERIFFS POSSE is a nonprofit volunteer organization that is part of the Elbert County Sheriffs Office. As volunteers we support the Elbert County Sheriffs Office, all law enforcement in our county, and the community at large. Membership is open to anyone without a criminal record. It meets the last Monday of the month at the Elbert County Sheriffs Office at 7 p.m. For more information or a membership application, go to http://www.elbertcountysheriff.com/posse.html, or contact Dave Peontek at 303-646-5456.

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THE ELIZABETH FOOD BANK, 381 S. Banner in Elizabeth (next door to Elizabeth

Presbyterian Church) needs to let the public know that we are available to help anyone who needs food. The hours are Friday 12:30-3 p.m. and Saturdays from 9-11:30 a.m.

Other times by appointment.

ELIZABETH GUITAR GROUP. Elizabeth guitar circle will meet on the first and second Wednesday of each month at the Elizabeth Library. Traditional protocol/courtesy. Country, pop, bluegrass, cowboy, Beatles, 50s, 60s, 70s, blues, jazz and more. We who play for pleasure would love to meet more of same. Acoustic or power down. Come prepared to

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For immediate consideration Please call Erik McIntyre at 303-688-4077 or apply online at www.schwansjobs.com

Help Wanted Centennial Mental Health Center has an opening for a full time Administrative Coordinator in our Elizabeth Office who will offer support to the Clinical Management team. Three years experience in a business office setting. Mastery of complex administrative and secretarial skills, including MS Office and Adobe.

Excellent verbal and written communication skills. High School Diploma or equivalent. College level coursework in business administration and secretarial functions preferred. 11.54/hr. DOE, full benefit package offered.

Visit our website for a full job description and online application at www.centennialmhc.org or email resume to jobs@CentennialMHC.org

REAL ESTATE Cemetery Lots 3 lots in Elizabeth Cemetary $400 each (303)917-2585

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SALOME’S STARS FOR THE WEEK OF JAN 20, 2014

ARIES (Mar 21 to Apr 19) Although you’re getting kudos and other positive reactions to your suggestions, don’t let the cheers drown out some valid criticisms. Better to deal with them now than later.

TAURUS (Apr 20 to May 20) Following your keen Bovine intuition pays off, as you not only reassess the suggestions some people are putting in front of you, but also their agendas for doing so.

GEMINI (May 21 to Jun 20) You continue on a highenthusiasm cycle as that new project you’ve assumed takes shape. You’re also buoyed by the anticipation of receiving some good news about a personal matter.

crossword • sudoku & weekly horoscope

GALLERY OF GAMES

CANCER (Jun 21 to Jul 22) Your eagerness to immerse yourself in your new assignment is understandable. But be careful that you don’t forget to take care of that pressing personal situation as well.

LEO (Jul 23 to Aug 22) This is a good time to learn a new skill that could give a clever Cat an edge in the upcoming competition for workplace opportunities. Enjoy the arts this weekend with someone special.

VIRGO (Aug 23 to Sept 22) You could risk creating an impasse if you insist on expecting more from others than they’re prepared to give. Showing flexibility in what you’ll accept could prevent a stalemate.

LIBRA (Sept 23 to Oct 22) Although you can weigh all factors of a dispute to find an agreeable solution for others, you might need the skilled input of someone you trust to help you deal with an ongoing situation of your own.

SCORPIO (Oct 23 to Nov 21) The good news is that your brief period of self-doubt turns into a positive “I can do anything” attitude. The better news is that you’ll soon be able to prove it.

SAGITTARIUS (Nov 22 to Dec 21) This is a good time for Sagittarians to start making travel plans while you still can select from a wide menu of choices and deals, and not be forced to settle for leftovers.

CAPRICORN (Dec 22 to Jan 19) Like your zodiacal sign, the sure-footed Goat, you won’t allow obstacles in your path to keep you from reaching your goal.

Don’t be surprised by who asks to go along with you.

AQUARIUS (Jan 20 to Feb 18) Let your head dominate your heart as you consider the risks that might be involved in agreeing to be a friend’s co-signer or otherwise act as his or her backup in a financial matter.

PISCES (Feb 19 to Mar 20) Prioritize: Resolve to close the door and let your voicemail take your phone calls while you finish up a task before the end-of-week deadline. Then go out and enjoy a fun-filled weekend.

BORN THIS WEEK: Your capacity for care and compassion helps to bring comfort to others. © 2014 King Features Synd., Inc.

12 Elbert County News

Notice To Creditors PUBLIC NOTICE NOTICE TO CREDITORS Estate of Gary Lynn Oldham, aka Gary L. Oldham, aka Gary Oldham, Deceased Case Number: 2014 PR 30001 All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Elbert County, Colorado on or before May 23, 2014 or the claims may be forever barred.

Jeanette Oldham Personal Representative c/o Mark D. Masters, Esq. 2696 S. Colorado Blvd., Suite 350 Denver, Colorado 80222 Legal Notice No: 927874 First Publication: January 23, 2014 Last Publication: February 6, 2014 Publisher: Elbert County News

Misc. Private Legals Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3155 Timberline Stables, Inc., P.O. Box 640, Parker, CO 80134 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIEFOX HILLS AQUIFERS, ELBERT COUNTY, 110 acres located in the E1/2 of Section 2, T6S, R65W of the 6th P.M., being Lots 2, 3, and 4, Prairie Ridge, as shown on Attachment A. (1740, 1780, and 1790 Michael Gates Drive). Denver: 63 acre-feet; Arapahoe: 43 acre-feet; and Laramie-Fox Hills: 33 acre-feet, Domestic, commercial, industrial, irrigation, stockwatering, and augmentation purposes, on and off the Subject Property. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (3 pages).

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 927861 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3172 East Cherry Creek Valley Water and Sanitation District (“ECCV) c/o David Kaunisto, District Manager, 6201 S. Gun Club Road, Aurora, CO 80016, (303) 693-3800; United Water and Sanitation District, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 785-3585. APPLICATION FOR A CONDITIONAL WATER RIGHT AND A CONDITIONAL RECHARGE RIGHT, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: William B. Tourtillott, Esq., Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ECCV); Tod J. Smith, Esq, THE LAW OFFICE OF TOD J. SMITH, LLC 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, (Attorney for United); 2. Description of Conditional Water Right. 2.1.

Name of Structure. 2.1.1. 70 Ranch Reservoir. The 70 Ranch Reservoir is 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. in Weld County, Colorado. A map showing the location of 70 Ranch Reservoir is attached as Exhibit 1. United will construct 70 Ranch Reservoir as part of satisfying its contractual obligations to ECCV for the Water Supply Project. 2.2.

Name of Diversion Facility. 2.2.1. Diversion Structure. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. in Weld County, Colorado. 2.3. Source. South Platte River.

TION FOR A CONDITIONAL WATER RIGHT AND A CONDITIONAL RECHARGE RIGHT, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: William B. Tourtillott, Esq., Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ECCV); Tod J. Smith, Esq, THE LAW OFFICE OF TOD J. SMITH, LLC 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, (Attorney for United); 2. Description of Conditional Water Right. 2.1.

Name of Structure. 2.1.1. 70 Ranch Reservoir. The 70 Ranch Reservoir is 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. in Weld County, Colorado. A map showing the location of 70 Ranch Reservoir is attached as Exhibit 1. United will construct 70 Ranch Reservoir as part of satisfying its contractual obligations to ECCV for the Water Supply Project. 2.2.

Name of Diversion Facility. 2.2.1. Diversion Structure. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. in Weld County, Colorado. 2.3. Source. South Platte River.

2.4. Amount Claimed. 3,000 acre-feet, conditional, with one refill in the amount of 3,000 acre-feet per year conditional. 2.5.

Date of Appropriation. October 22, 2013.

2.6. How Appropriation was Initiated. The appropriation date is based upon the date of the posting of the Notice of Appropriation which was October 22, 2013. A copy of this notice is attached as Exhibit 2.

ECCV’s Board of Directors passed a Resolution approving this appropriation on November 26, 2013. ECCV and United have conducted engineering studies to determine the feasibility of constructing 70 Ranch Reservoir, and have identified the location of 70 Ranch Reservoir as described above in paragraph 2.1.1., and have identified the location of the diversion structure as described in paragraph 2.2.1. 2.7. Date Water First Applied to Beneficial Use. Not applicable. 2.8.

Uses. Applicants seek a decree granting the right to use the above-described conditional water right as follows: 2.8.1. Directly or as a source of replacement supply for the ACWWA/ECCV Aug-mentation Plan pursuant to the terms and conditions of the decrees in Case Nos. 02CW403, 02CW404, 03CW442, and the pending application in Case No. 10CW306 for pumping water for delivery to ECCV’s service area from the ACWWA/ECCV Well Field. ECCV and United will follow the procedures in paragraph 19 of the decree in Case No. 02CW403, paragraphs 25 and 58.5 of the decree entered in Case Nos. 02CW404 and 03CW442, and the provisions described in pending Case No. 10CW306 to add this conditional water right as an additional source of replacement supply. 2.8.2. For delivery to recharge in the Beebe Draw pursuant to the terms and conditions of the decree in Case Nos. 02CW404 and 03CW442, and the pending application in Case No. 10CW306. ECCV and United will follow the procedures in paragraphs 15.4 and 19 of the decree in Case Nos. 02CW404 and 03CW442 and the provisions described in pending Case No. 10CW306, to include the conditional water right as an additional source of replacement supply. 2.8.3.

Directly or as a source of substitute supply for the 70 Ranch Augmentation Plan pursuant to the terms and conditions of the decree in Case Nos. 02CW404 and 03CW442, and the pending application in Case No. 10CW306. ECCV and United will follow the procedures in paragraph 25.6.1 of the decree in Case Nos .

02CW404 and 03CW442 and the provisions described in pending Case No. 10CW306, to add the conditional water right as an additional source of replacement supply. 2.8.4. For delivery to recharge on the 70 Ranch pursuant to the terms and conditions of the decree in Case Nos. 02CW404 and 03CW442, and the pending application in Case No .

10CW306. ECCV and United will follow the procedures in paragraphs 15.4 and 19 of the decree in Case Nos. 02CW404 and 03CW442 and the provisions described in pending Case No. 10CW306, to include the conditional water right as an additional source of replacement supply. 2.8.5.

As a source of substitute supply for the substitution and exchange sought in the application, as it may be amended, in Case No. 11CW285. 2.8.6. For all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service area of ECCV located in Arapahoe County, as it now exists or may exist in the future, and/or the service area of others with whom ECCV may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the Arapahoe County Water and Wastewater Authority. 2.8.7. 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. 2.9.

Total Capacity. The 70 Ranch Reservoir has a planned total capacity of 6,000 acrefeet. 2.10. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above. 2.10.1.

70 Ranch Reservoir is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3. Description of Conditional Recharge Right. 3.1. Name of Structure. 3.1.1. Haren Recharge Pond.

The Haren Recharge Pond is located in the SW1/4 of Section 16, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. 3.2. Name of Diversion Facility. 3.2.1. Haren Pipeline.

The Haren Pipeline diverts water from the South Platte River in the SE1/4 of the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. A map showing the location of the Haren Recharge Pond and both diversion points for the Haren Pipeline is attached as Exhibit 3. In the alternative, the Haren Pipeline will divert water from the South Platte River in the SE1/4 of the NE1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. 3.3.

Source. South Platte River. 3.4. Amount Claimed: 50 cfs, conditional. 3.5. Date of Appropriation. November 26, 2013. 3.6.

How Appropriation was Initiated. The appropriation date is based upon the date ECCV’s Board of Directors passed a Resolution approving this appropriation. ECCV and United have conducted engineering studies to determine the feasibility of constructing Haren Pipeline and they have the legal ability to recharge water in the Haren Recharge Pond. 3.7. Date Water First Applied to Beneficial Use. Not applicable. 3.8. Uses. Applicants seek a decree granting the right to use the abovedescribed conditional water right for the uses described in paragraph 2.8. 3.9.

Name and Addresses of the Owner of the Structure and the Diversion Facility Listed Above. 3.9.1. The Haren Recharge Pond is owned by the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634 and United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3.9.2. The Haren Pipeline is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3.9.3. The Haren Pipeline Point of Diversion located at the SE1/4 of the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado, is owned by Eaton

Misc. Private Legals

Source. South Platte River. 3.4. Amount Claimed: 50 cfs, conditional. 3.5. Date of Appropriation. November 26, 2013. 3.6.

How Appropriation was Initiated. The appropriation date is based upon the date ECCV’s Board of Directors passed a Resolution approving this appropriation. ECCV and United have conducted engineering studies to determine the feasibility of constructing Haren Pipeline and they have the legal ability to recharge water in the Haren Recharge Pond. 3.7. Date Water First Applied to Beneficial Use. Not applicable. 3.8. Uses. Applicants seek a decree granting the right to use the abovedescribed conditional water right for the uses described in paragraph 2.8. 3.9.

Name and Addresses of the Owner of the Structure and the Diversion Facility Listed Above. 3.9.1. The Haren Recharge Pond is owned by the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634 and United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3.9.2. The Haren Pipeline is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3.9.3. The Haren Pipeline Point of Diversion located at the SE1/4 of the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado, is owned by Eaton Cattle Co., c/o Dorothy Thomas Phelps, 21421 Highway 60, Platteville, CO 80651.

3.9.4. The Haren Pipeline Point of Diversion located at the SE1/4 of the NE1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado, is owned by RML Properties Investors, c/o Robert Lembke, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. WHEREFORE, ECCV and United request that the Court enter a decree granting the conditional water rights, and for such other relief it deems proper. (7 pages; 4 exhibit pages)

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 927865 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3163 Earl M. Baldwin and Joyce E. Baldwin, 300 Ponderosa Lane, Elizabeth, CO 80107 DISTRICT COURT, WATER DIVISION NO. 1, COLORADO, 901 9th Avenue, Room 418, P.O. Box 2038, Greeley, CO 80631. IN THE MATTER OF THE APPLICATION FOR NONTRIBUTARY GROUNDWATER RIGHTS IN THE LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN ELBERT COUNTY, COLORADO. Water Division No. 1. Attorneys for Applicants Earl M. Baldwin and Joyce E. Baldwin: Karl F. Kumli, III. #11784; Gabriella Stockmayer, #43770, Dietze & Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO 80302, Telephone: (303) 447-1375. APPLICATION FOR GROUNDWATER RIGHTS FROM NONTRIBUTARY SOURCES IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANTS’ PROPERTY. Introduction Applicants Earl M. Baldwin and Joyce E. Baldwin are the owner of lands located in Elbert County (“Subject Property”). Applicant seeks a decree for the nontributary ground water rights underlying the Subject Property located within the Denver Basin pursuant to C.R.S. § 37-92302(2). The Subject Property is located outside any designated basin. Application 1. Name and Address of Applicant: Earl M. Baldwin and Joyce E. Baldwin, 300 Ponderosa Lane, Elizabeth, Colorado 80107. 2. Subject Property: 80 acres generally located in the East Half of the Northwest Quarter of Section 34, Township 7 South, Range 65 West, 6th P.M., in Elbert County, Colorado, as more fully described and shown on Attachment A hereto (“Subject Property”). 3. Source of Water Rights: The source of the groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary as described in C.R.S. § 3790-103(10.5). 4. Appropriation: i. Date of Appropriation: Not applicable, but for informational purposes, December 31, 2013; ii. How appropriation was initiated: Not applicable, but for informational purposes, by filing this application; and, iii.

Date water applied to beneficial use: Not applicable, but for informational purposes, application will be made for well permits, as required. 5. Estimated Amount Claimed: Pursuant to C.R.S. § 37-90137(4), Applicant is entitled to the following amounts of nontributary water from the following aquifers of the Denver Basin underlying Applicant’s property: Aquifer

Sat. Thick. (Feet) Specific Yield Annual Approp.

(Acre-feet/year)

Lower Dawson 67.0

.20

10.7

Denver

190.6

.17

25.9

Arapahoe

242.0

.17

32.9

Laramie-Fox Hills 199.3 Total

.15

23.9

93.4 Acrefeet/year

6. Proposed Use: All uses, including domestic, commercial, industrial, irrigation, construction, stock watering, dust suppression, recreation, fire protection, fish and wildlife, aesthetic, mining and augmentation purposes, including storage on the Subject Property. 7. Wells: There are no existing wells, no unexpired permitted but unconstructed wells, or unpermitted wells which are located on the Subject Property into the aquifers which are the subject of this application. Application will be made for well permits prior to construction of the wells. 8. Applicant’s Certification: Applicant Earl M. Baldwin certifies that he and Joyce E. Baldwin own the Subject Property free and clear of all liens and encumbrances and that no other person or entity has a financial interest in the Subject Property. 9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to

12 Lower Dawson

67.0

.20

10.7

Denver

190.6

.17

25.9

Arapahoe

242.0

.17

32.9

Laramie-Fox Hills 199.3

.15

Total

23.9

93.4 Acrefeet/year

6. Proposed Use: All uses, including domestic, commercial, industrial, irrigation, construction, stock watering, dust suppression, recreation, fire protection, fish and wildlife, aesthetic, mining and augmentation purposes, including storage on the Subject Property. 7. Wells: There are no existing wells, no unexpired permitted but unconstructed wells, or unpermitted wells which are located on the Subject Property into the aquifers which are the subject of this application. Application will be made for well permits prior to construction of the wells. 8. Applicant’s Certification: Applicant Earl M. Baldwin certifies that he and Joyce E. Baldwin own the Subject Property free and clear of all liens and encumbrances and that no other person or entity has a financial interest in the Subject Property. 9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. § § 37-92-302(2) and 37-90137(6), C.R.S. Prayer for Relief WHEREFORE Applicant prays that this Court enter a Decree Granting this Application and such other relief as the Court deems just and proper in the premises.

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 927862 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3165 Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Gary Atkin, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, (303) 790-4830; East Cherry Creek Valley Water and Sanitation District, acting directly and by and through the East Cherry Creek Valley Water and Sanitation District Water Activity Enterprise, Inc. (“ECCV”), c/o David Kaunisto, District Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, (303) 693-3800; United Water and Sanitation District, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 7853585. The above listed parties will be collectively referred to as the “Applicants.”

APPLICATION FOR UNDERGROUND WATER RIGHTS IN AD AMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln, Suite 3500, Denver, Colorado 80203, (Attorneys for ACWWA); William B. Tourtillott, Esq., Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln, Suite 3500, Denver, Colorado, 80203, (Attorneys for ECCV); Tod J. Smith, Esq., THE LAW OFFICE OF TOD J. SMITH, LLC, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, (Attorney for United); 2. Introduction. In Case Nos. 02CW403, 02CW404, and 03CW442, the Court decreed a plan for augmentation for the ACWWA/ECCV Well Field located in the Beebe Draw. Pending Case No. 10CW306 involves claims to add ACWWA as an end user of the decreed plan for augmentation and the ACWWA/ECCV Well Field. The purpose of this application is to claim underground water rights for the wells in the ACWWA/ECCV Well Field. A general location map of the wells in the ACWWA/ECCV Well Field is attached as Exhibit 1. 3. Description of the Underground Water Rights for the Wells Decreed in Case No. 02CW403. 3.1.

Legal descriptions of the wells. 3.1.1.

Well P-6 (Permit No. 64478-F) located in the SE1/4 of the SW1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.1.2.

Well E-7A (Permit No. 64477-F) located in the SW1/4 of the SW1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.1.3.

Well P-8 (Permit No. 64476-F) located in the NW1/4 of the NW1/4 of Section 12, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.1.4.

Well P-11 (Permit No. 64475-F) located in the SW1/4 of the SW1/4 of Section 12, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.1.5.

Well P-12 (Permit No. 64473-F) located in the SW1/4 of the NW1/4 of Section 12, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.1.6.

Well P-13 (Permit No. 64474-F) located in the SE1/4 of the NE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.2.

Source. Alluvial ground water tributary to the South Platte River. 3.3. Date of initial appropriation. May 31, 2013. 3.4. How appropriation was initiated. By pumping water from the wells described in paragraphs 3.1.1 through 3.1.6 for beneficial use in ECCV’s service area. 3.5. Depth.

75 feet. 3.6. Amount claimed. 2,000 gpm for each well. 3.7. Proposed uses. All municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service areas of ACWWA located in Arapahoe and Douglas Counties and ECCV located in Arapahoe County, as those service areas now exist or may exist in the future, and/or the service area of others with whom ACWWA and/or ECCV may contract to provide water, water delivery, and water delivery infrastructure. ACWWA and ECCV ask the

the SW1/4 of the NW1/4 of Section 12, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.1.6.

Well P-13 (Permit No. 64474-F) located in the SE1/4 of the NE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.2.

Source. Alluvial ground water tributary to the South Platte River. 3.3. Date of initial appropriation. May 31, 2013. 3.4. How appropriation was initiated. By pumping water from the wells described in paragraphs 3.1.1 through 3.1.6 for beneficial use in ECCV’s service area. 3.5. Depth.

75 feet. 3.6. Amount claimed. 2,000 gpm for each well. 3.7. Proposed uses. All municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service areas of ACWWA located in Arapahoe and Douglas Counties and ECCV located in Arapahoe County, as those service areas now exist or may exist in the future, and/or the service area of others with whom ACWWA and/or ECCV may contract to provide water, water delivery, and water delivery infrastructure. ACWWA and ECCV ask the Court to decree that they have the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction all water diverted pursuant to the decree entered in this case. 4. Description of the Underground Water Rights for the Wells Decreed in Case Nos. 02CW404 and 03CW442. 4.1.

Legal descriptions of the wells. 4.1.1.

Well P-2 (Permit No. 75063) located in the NE1/4 of the NE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 4.1.2.

Well P-3 (Well Permit No. 75064) located in the SE1/4 of the NE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 4.1.3.

Well P-4 (Well Permit No. 75065) located in the NW1/4 of the SE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 4.1.4.

Well P-5 (Well Permit No. 75066) located in the NE1/4 of the SW1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 4.1.5.

Well P-15 (Well Permit No. 75067) located in the SW1/4 of the NE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado.

4.1.6. Well P-18 (Well Permit No. 75068) located in the NE1/4 of the NE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado.

4.2. Source. Alluvial ground water tributary to the South Platte River. 4.3. Date of initial appropriation. May 31, 2013. 4.4.

How appropriation was initiated. By pumping water from the wells described in paragraphs 4.1.1 through 4.1.6 for beneficial use in ACWWA and ECCV’s service areas.

4.5. Depth. 75 feet. 4.6. Amount claimed. 2,000 gpm for each well. 4.7.

Proposed uses. All municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service areas of ACWWA located in Arapahoe and Douglas Counties and ECCV located in Arapahoe County, as those service areas now exist or may exist in the future, and/or the service area of others with whom ACWWA and/or ECCV may contract to provide water, water delivery, and water delivery infrastructure. ACWWA and ECCV ask the Court to decree that they have the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction all water diverted pursuant to the decree entered in this case. 5. Description of the Underground Water Rights for the Wells Claimed in Case No .

10CW306. 5.1. Legal descriptions of the wells. 5.1.1. Well No. E-1 located in the SW1/4 of the NE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 5.1.2.

Well No. P-14 located in the NE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 5.1.3. Well No. P-19 located in the NE1/4 of the SW1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado.

5.1.4. Well No. P-20 located in the NW1/4 of the SE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 5.1.5. Well No. P-21 located in the SW1/4 of the SE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. A copy of the Well Permit Applications as filed with the State Engineer’s office on December 30, 2013, are attached as Exhibit 2. 5.2. Source. Alluvial ground water tributary to the South Platte River.

5.3. Date of initial appropriation. May 31, 2013. 5.4. How appropriation was initiated. By resolution of the Board of Directors of ACWWA and ECCV; by ground water modeling and a hydrogeologic analysis for the wells described in paragraphs 5.1.1 through 5.1.5; and by filing the second amended application in Case No. 10CW306. 5.5. Depth. 75 feet. 5.6.

Amount claimed. 2,000 gpm for each well. 5.7. Proposed uses. All municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service areas of ACWWA located in Arapahoe and Douglas Counties and ECCV located in Arapahoe County, as those service areas now exist or may exist in the future, and/or the service area of others with whom ACWWA and/or ECCV may contract to provide water, water delivery, and water delivery infrastructure. ACWWA and ECCV ask the Court to decree that they have the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction all water diverted pursuant to the decree entered in this case.

6.

Name and Address of Owner of Land on which the Wells are Located. 6.1. United Water and Sanitation District CAW Equities, LLC, c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 785-3585.

WHEREFORE, ACWWA, ECCV, and United request that the Court enter a decree granting the conditional water rights, and for such other relief it deems proper.

(9 pages, 11 exhibit pages)

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

January 23, 2014

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Misc. Private Legals

Legal Notice No.: 927863 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3171 Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Gary Atkin, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, (303) 790-4830; United Water and Sanitation District, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 785-3585.

The above listed parties will be collectively referred to as the “Applicants.” APPLICATION FOR A CONDITIONAL WATER RIGHT AND A CONDITIONAL RECHARGE RIGHT IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln, Suite 3500, Denver, Colorado 80203, (Attorneys for ACWWA); Tod J. Smith, Esq., THE LAW OFFICE OF TOD J. SMITH, LLC, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, (Attorney for United); 2. Description of Conditional Water Right. 2.1. Name of Structure. 2.1.1.

70 Ranch Reservoir. The 70 Ranch Reservoir is 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. in Weld County, Colorado. A map showing the location of 70 Ranch Reservoir is attached as Exhibit 1.

United will construct 70 Ranch Reservoir as part of satisfying its contractual obligations to ACWWA for the Water Supply Project. 2.2. Name of Diversion Facility.

2.2.1. Diversion Structure. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. in Weld County, Colorado. 2.3. Source. South Platte River. 2.4 . Amount Claimed. 3,000 acre-feet, conditional, with one refill in the amount of 3,000 acre-feet per year conditional. 2.5 . Date of Appropriation. October 22, 2013. 2.6. How Appropriation was Initiated. The appropriation date is based upon the date of the posting of the Notice of Appropriation, which was October 22, 2013. A copy of this notice is attached as Exhibit 2. ACWWA’s Board of Directors passed a Resolution approving this appropriation on November 13, 2013. ACWWA and United have conducted engineering studies to determine the feasibility of constructing 70 Ranch Reservoir, and have identified the location of 70 Ranch Reservoir as described above in paragraph 2.1.1., and have identified the location of the diversion structure as described in paragraph 2.2.1. 2.7. Date Water First Applied to Beneficial Use. Not applicable.

2.8. Uses. Applicants seek a decree granting the right to use the above-described conditional water right as follows: 2.8.1.

Directly or as a source of replacement supply pursuant to the plan for augmentation claimed in Case No. 10CW306 for delivery to ACWWA’s service area from the ACWWA/ECCV Well Field located in the Beebe Draw. ACWWA will follow the provisions described in pending Case No. 10CW306 to add this conditional water right as an additional source of replacement supply. 2.8.2. For delivery to recharge in the Beebe Draw pursuant to the recharge project claimed in Case No. 10CW306. ACWWA will follow the provisions described in pending Case No. 10CW306 to add this conditional water right as an additional source of replacement water. 2.8.3. As a source of substitute supply for the substitution and exchange sought in the application, as it may be amended, in Case No. 09CW283.

2.8.4. Directly or as a source of replacement supply for the 70 Ranch augmentation plan pursuant to the plan for augmentation claimed in Case No. 10CW306 for delivery to ACWWA’s service area.

ACWWA will follow the provisions described in pending Case No. 10CW306 to add this conditional water right as an additional source of replacement supply.

2.8.5. Delivery to recharge on the 70 Ranch as claimed in Case No. 10CW306.

ACWWA will follow the provisions described in pending Case No. 10CW306 to add this conditional water right as an additional source of replacement water. 2.8.6.

For all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service area of ACWWA l o c a te d i n Ara p a ho e a n d Douglas Counties, as it now exists or may exist in the future, and/or the service area of others with whom ACWWA may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the East Cherry Creek Valley Water and Sanitation District.. 2.8.7.

ACWWA 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. 2.9. Total Capacity. The 70 Ranch Reservoir has a planned total capacity of 6,000 acre-feet. 2.10 . Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above. 2.10.1. 70 Ranch Reservoir is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3 Description of Conditional Recharge Right. 3.1. Name of Structure. 3.1.1. .

Haren Recharge Pond. The Haren Recharge Pond is located in the SW1/4 of

all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 2.9. Total Capacity. The 70 Ranch Reservoir has a planned total capacity of 6,000 acre-feet. 2.10 . Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above. 2.10.1. 70 Ranch Reservoir is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3 Description of Conditional Recharge Right. 3.1. Name of Structure. 3.1.1. .

Haren Recharge Pond. The Haren Recharge Pond is located in the SW1/4 of Section 16, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. 3.2. Name of Diversion Facility.

3.2.1. Haren Pipeline. The Haren Pipeline diverts water from the South Platte River in the SE1/4 of the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. A map showing the location of the Haren Recharge Pond and both diversion points for the Haren Pipeline is attached as Exhibit 3. In the alternative, the Haren Pipeline will divert water from the South Platte River in the SE1/4 of the NE1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. 3.3. Source. South Platte River.

3.4. Amount Claimed. 50 cfs, conditional.

3.5. Date of Appropriation. November 13, 2013. 3.6. How Appropriation was Initiated. The appropriation date is based upon the date ACWWA’s Board of Directors passed a Resolution approving this appropriation. ACWWA and United have conducted engineering studies to determine the feasibility of constructing Haren Pipeline and they have the legal ability to recharge water in the Haren Recharge Pond. 3.7 . Date Water First Applied to Beneficial Use. Not applicable. 3.8. Uses.

Applicants seek a decree granting the right to use the above-described conditional water right for the uses described in paragraph 2.8. 3.9. . Name and Addresses of the Owner of the Structure and the Diversion Facility Listed Above. 3.9.1.

The Haren Recharge Pond is owned by the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634 and United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111.

3.9.2. The Haren Pipeline is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. 3.9.3. The Haren Pipeline Point of Diversion located at the SE1/4 of the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado, is owned by Eaton Cattle Co., c/o Dorothy Thomas Phelps, 21421 Highway 60, Platteville, CO 80651. 3.9.4. The Haren Pipeline Point of Diversion located at the SE1/4 of the NE1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado, is owned

by RML Properties Investors, c/o Robert Lembke, 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111.

WHEREFORE, ACWWA and United request that the Court enter a decree granting the conditional water rights, and for such other relief it deems proper. (7 pages, 4 exhibit pages).

January 23, 2014

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 927864 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3174 Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Gary Atkin, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, (303) 790-4830; United Water and Sanitation District, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 785-3585.

APPLICATION FOR A CONDITIONAL WATER RIGHT, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln, Suite 3500, Denver, Colorado 80203, (Attorneys for ACWWA); Tod J. Smith, Esq., THE LAW OFFICE OF TOD J. SMITH, LLC, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, (Attorney for United). 2. Name of Structure. 2.1.

Milton Lake (also known as Milton Reservoir). Milton Lake is 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. A map showing the location of Milton Lake is attached as Exhibit 1. 2.1.1. Location of Dam. At a point near the east line of the SW1/4 of Section 11, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.1.2. Surface Area. 1,623 acres at high water line.

2.1.3. Storage Height. 36 feet. 2.1.4. Capacity. 21,695 acre-feet, excluding dead storage which is less than 100 acre-feet.

2.2. Storage Space in Milton Lake. United owns 38.175 shares in the Milton Lake Division of the Farmers Reservoir and Irrigation Company (“FRICO”) for use in the Water Supply Project, as decreed in Case Nos. 02CW403, 02CW404, 03CW442, and pending Case No. 10CW306. Ownership of the shares entitles United to a pro rata portion of the associated storage space in Milton Lake, which equals approximately 740 acre-feet. East Cherry Creek Valley Water and Sanitation District has the first priority to use the storage space in Milton Lake and ACWWA has the second priority to use the storage space. 3. Name of the Diversion Facilities Used to Fill Milton Lake. 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. 3.2. Burlington Ditch (also known as Burlington/O’Brian Canal).

The headgate is on the east bank of the South Platte River in the NE1/4 of the SW1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M., City and

trict has the first priority to use the storage space in Milton Lake and ACWWA has the second priority to use the storage space. 3. Name of the Diversion Facilities Used to Fill Milton Lake. 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. 3.2. Burlington Ditch (also known as Burlington/O’Brian Canal).

The headgate is on the east bank of the South Platte River in the NE1/4 of the SW1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. The City of Thornton has an agreement with Burlington/FRICO for use of the first 200 cfs of excess capacity in the Burlington Ditch.

ACWWA’s use of the Ditch will be limited

by Thornton’s prior right. 3.3. Platte Valley Canal (also known as the Evans No. 2 Ditch). The headgate is on the east bank of the South Platte River in Section 19, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. The Platte Valley Irrigation Company has a carriage easement for 177 cfs. in the Platte Valley Canal. ACWWA shall obtain any necessary agreements with the Platte Valley Irrigation Company prior to using the jointly operated portion of the Platte Valley Canal for any excess capacity. The maximum rate of delivery is 350 cfs. 3.4 Beebe Seep Canal. The entire length of the canal extends from Barr Lake located in Section 23, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, to Milton Lake, as described in paragraph 2.1. 4. Appropriation Information. 4.1. Date of Appropriation. December 11, 2013. 4.2. How Appropriation Was Initiated. The appropriation date is based upon the date ACWWA’s Board of Directors passed a Resolution approving this appropriation which was December 11, 2013. ACWWA intends to use the conditional water right claimed in this application as part of the Water Supply Project in Case No. 10CW306. 4.3. Date Water First Applied to Beneficial Use. Not applicable. 5. Source of the Water. South Platte River; Beebe Inflow into Milton Lake from the Beebe Draw. “Beebe Inflow” means all groundwater seepage and surface inflow into Milton Lake from the Beebe Draw. Water from the Beebe Draw can be delivered to Milton Lake through the Beebe Seep Canal. The Beebe Seep Canal extends from Barr Lake to Milton Lake. 6. Amount Claimed. 5,000 acrefeet per year, conditional. 7. Uses.

ACWWA seeks a decree granting the right to use the above-described conditional water right as follows: 7.1. Directly or as a source of replacement supply pursuant to the plan for augmentation claimed in Case No. 10CW306 for delivery to ACWWA’s service area from the ACWWA/ECCV Well Field located in the Beebe Draw.

7.2. For delivery to recharge in the Beebe Draw pursuant to the recharge project claimed in Case No. 10CW306 to include the conditional water right as an additional source of replacement water. 7.3. For all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service area of ACWWA located in Ar apahoe and Douglas Counties, as it now exists or may exist in the future, and/or the service area of others with whom ACWWA may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the East Cherry Creek Valley Water and Sanitation District. 7.4.

ACWWA 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. 8. Names and Addresses for the Owner of the Storage and Diversion Facilities Listed Above. 8.1. Milton Lake is owned by Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601. 8.2. United Diversion Facility No. 3 is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 8.3. The Burlington Ditch is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601. 8.4. The Platte Valley Canal is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601. 8.5. The Beebe Seep Canal is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601. WHEREFORE, ACWWA and United request that the Court enter a decree granting the conditional water storage right, and for such other relief it deems proper. (6 pages; 1 exhibit page)

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 927867 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3175 Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Gary Atkin, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, (303) 790-4830; United Water and Sanitation District, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 785-3585.

The above listed parties will be collectively referred to as the “Applicants.” APPLICATION FOR A CONDITIONAL WATER RIGHT IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln, Suite 3500, Denver, Colorado

Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 785-3585.

The above listed parties will be collectively referred to as the “Applicants.” APPLICATION FOR A CONDITIONAL WATER RIGHT IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln, Suite 3500, Denver, Colorado 80203, (Attorneys for ACWWA); Tod J. Smith, Esq., THE LAW OFFICE OF TOD J. SMITH, LLC, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, (Attorney for United). 2. Name of Structure. 2.1.

Highlands Reservoir. 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. A map showing the location of Highlands Reservoir is attached as Exhibit 1. Water will be diverted from the South Platte River at the diversion facilities described in paragraph 3 below. 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”) system.

ACWWA and United have the ability to use FRICO’s delivery canals pursuant to the conveyance contract between United and the Farmers Reservoir and Irrigation Company. United will construct Highlands Reservoir as part of satisfying its contractual obligations to ACWWA for the Water Supply Project. 3. Name of the Diversion Facilities Used to Fill the Reservoir. 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. 3.2. Burlington Ditch (also known as Burlington/O’Brian Canal). The headgate is on the east bank of the South Platte River in the NE1/4 of the SW1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. The City of Thornton has an agreement with Burlington/FRICO for use of the first 200 cfs of excess capacity in the Burlington Ditch. ACWWA’s use of the Ditch will be limited by Thornton’s prior right. 4. Appropriation Information. 4.1. Date of Appropriation.

October 22, 2013. 4.2.

How Appropriation Was Initiated.The appropriation date is based upon the date of the posting of the Notice of Appropriation which was October 22, 2013. This notice is attached as Exhibit 2. ACWWA’s Board of Directors passed a Resolution approving this appropriation on November 13, 2013. ACWWA and United have conducted engineering studies to determine the feasibility of constructing Highlands Reservoir and have identified the location of Highlands Reservoir as described above in paragraph 2.1., and have identified the location of the diversion structures as described in paragraphs 3.1. and 3.2. 4.3. Date Water First Applied to Beneficial Use. Not applicable. 5. Source of the Water. South Platte River. 6. .Amount Claimed. 1,500 acre-feet, conditional, with one refill in the amount of 1,500 acre-feet per year conditional. 7.Uses. Applicants seek a decree granting the right to use the above-described conditional water right as follows: 7.1. Directly or as a source of replacement supply pursuant to the plan for augmentation claimed in Case No. 10CW306 for delivery to ACWWA’s service area from the ACWWA/ECCV Well Field located in the Beebe Draw. 7.2. For delivery to recharge in the Beebe Draw pursuant to the recharge projects claimed in Case No. 10CW306 to include the conditional water right as an additional source of replacement water.7.3. For all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service area of ACWWA located in Arapahoe and Douglas Counties, as it now exists or may exist in the future, and/or the service area of others with whom ACWWA may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the East Cherry Creek Valley Water and Sanitation District. 7.4. ACWWA 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. 8.Total Capacity.

When completed the Reservoir will have the total capacity of approximately 2,000 acre-feet. 9. Names and Addresses for the Owner of the Storage and Diversion Facilities Listed Above. 9.1. The Highlands Reservoir is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 9.2. United Diversion Facility No. 3 is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111.9.3. The Burlington Ditch is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601 .

WHEREFORE, ACWWA and United request that the Court enter a decree granting the conditional water storage right, and for such other relief it deems proper. (6 pages, 4 exhibit pages).

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 927868 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3176 East Cherry Creek Valley Water and Sanitation District (“ECCV) c/o David Kaunisto, District Manager, 6201 S. Gun Club Road, Aurora, CO 80016, (303) 693-3800;

13 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 2013 for each County affected.

Misc. Private Legals

13CW3176 East Cherry Creek Valley Water and Sanitation District (“ECCV) c/o David Kaunisto, District Manager, 6201 S. Gun Club Road, Aurora, CO 80016, (303) 693-3800; United Water and Sanitation District, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111, (303) 785-3585. APPLICATION FOR A CONDITIONAL WATER RIGHT, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: William B. Tourtillott, Esq., Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ECCV); Tod J. Smith, Esq, THE LAW OFFICE OF TOD J. SMITH, LLC 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, (Attorney for United). 2. Name of Structure. 2.1.

Highlands Reservoir. 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. A map showing the location of Highlands Reservoir is attached as Exhibit 1. Water will be diverted from the South Platte River at the diversion facilities described in paragraph 3 below. After water is diverted from the South Platte River it will be delivered to the Highlands Reservoir from the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO’s”) system.

ECCV and United have the ability to use FRICO’s delivery canals pursuant to the Amended and Restated Water Supply Agreement. United will construct Highlands Reservoir as part of satisfying its contractual obligations to ECCV for the Water Supply Project. 3. Name of the Diversion Facilities Used to Fill the Reservoir. 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. 3.2. Burlington Ditch (also known as Burlington/O’Brian Canal). The headgate is on the east bank of the South Platte River in the NE1/4 of the SW1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. The City of Thornton has an agreement with Burlington/FRICO for use of the first 200 cfs of excess capacity in the Burlington Ditch. ECCV’s use of the Ditch will be limited by Thornton’s prior right. 4. Appropriation Information.

4.1. Date of Appropriation. October 22, 2013. 4.2. How Appropriation Was Initiated. The appropriation date is based upon the date of the posting of the Notice of Appropriation which was October 22, 2013. This notice is attached as Exhibit 2.

ECCV’s Board of Directors passed a Resolution approving this appropriation on November 26, 2013. ECCV and United have conducted engineering studies to determine the feasibility of constructing Highlands Reservoir and have identified the location of Highlands Reservoir as described above in paragraph 2.1., and have identified the location of the diversion structures as described in paragraphs 3.1. and 3.2. 4.3. Date Water First Applied to Beneficial Use. Not applicable. 5.

Source of the Water. South Platte River.

6. Amount Claimed. 1,500 acre-feet, conditional, with one refill in the amount of 1,500 acre-feet per year conditional. 7.

Uses. Applicants seek a decree granting the right to use the above-described conditional water right as follows: 7.1. Directly or as a source of replacement supply for the ACWWA/ECCV Augmentation Plan pursuant to the terms and conditions of the decrees in Case Nos. 02CW403, 02CW404, 03CW442, and the pending application in Case No. 10CW306 for pumping water for delivery to ECCV’s service area from the ACWWA/ECCV Well Field. ECCV and United will follow the procedures in paragraph 19 of the decree in Case No. 02CW403, paragraphs 25 and 58.5 of the decree entered in Case Nos. 02CW404 and 03CW442, and the provisions described in pending Case No. 10CW306 to add this conditional water right as an additional source of replacement supply. 7.2. For delivery to recharge in the Beebe Draw pursuant to the terms and conditions of the decree in Case Nos. 02CW404 and 03CW442, and the pending application in Case No. 10CW306. ECCV and United will follow the procedures in paragraphs 15.4 and 19 of the decree in Case Nos. 02CW404 and 03CW442, and the provisions described in pending Case No. 10CW306, to include the conditional water right as an additional source of replacement water. 7.3. For all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service area of ECCV located in Arapahoe County, as it now exists or may exist in the future, and/or the service area of others with whom ECCV may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the Arapahoe County Water and Wastewater Authority.

7.4. 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. 8. Total Capacity. When completed the Reservoir will have the total capacity of approximately 2,000 acre-feet.

9. Names and Addresses for the Owner of the Storage and Diversion Facilities Listed Above. 9.1. The Highlands Reservoir is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 9.2. United Diversion Facility No. 3 is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111.

9.3. The Burlington Ditch is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601. WHEREFORE, ECCV and United request that the Court enter a decree granting the conditional water storage right, and for such other relief it deems proper. (6 pages, 3 exhibit pages) THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or

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 FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Misc. Private Legals

Legal Notice No.: 927869 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

13CW3180 United Water and Sanitation District, acting by and through the United Water Acquisition Enterprise (“United” or the “Applicant”), c/o Robert Lembke, 8301 East Prentice Ave., #100, Greenwood Village, Colorado 80111, (303) 775-1005. APPLICATION FOR A CONDITIONAL STORAGE RIGHT AND TO MAKE A PORTION ABSOLUTE – GILCREST RESERVOIR IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, tod@tjslaw.com, (Attorney for Applicant). 2. Description of Conditional Water Storage Right. 2.1. Name of Structure. 2.1.1. Gilcrest Reservoir. Gilcrest Reservoir is an 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. Gilcrest Reservoir will consist of a series of lined gravel pit cells. One cell has been lined and water has been stored in that cell. A map showing the location of Gilcrest Reservoir is attached as Exhibit 1.

Water has been and will be diverted from the South Platte River at the diversion facilities described in paragraph 2.2 below.

2.2. Name of the Diversion Facilities Used to Fill Gilcrest Reservoir and Outlet Structures. 2.2.1. Gilcrest Reservoir Points of Diversion. One point of diversion for Gilcrest Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam and will be located 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”). A second point diversion 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”). 2.2.2. Gilcrest Reservoir Outlet Structures. Gilcrest Reservoir will have outlets with the capability of returning water to the South Platte River which may be located at one of more of 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.

2.2.3. Gilcrest Pump. A pump has been constructed in the SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. A pump may also be constructed near the confluence of the South Platte River and the St. Vrain River in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado to allow for the diversion of water from the South Platte River into Gilcrest Reservoir for storage. 2.3. Use of Gilcrest Reservoir. Gilcrest Reservoir, L.L.C. owns the structure, diversion, outlet facilities described in paragraph 2.2 above and land on which those facilities will be or are located. Nothing in this Application shall be construed to create any right on the part of United to utilize land or structures owned by others, including, but not limited to, Gilcrest Reservoir and other structures or reservoirs for the diversion, carriage, or storage of water. United may not utilize any such land or structures until it has acquired the legal right to do so. 2.4. Use of Jay Thomas Ditch Diversion Structure.

The Jay Thomas Diversion Structure and the land on which it is located are owned by the Public Service Company, d/b/a Xcel Energy Inc. To the extent the Applicant is involved in the construction of a diversion structure for Gilcrest Reservoir at the Jay Thomas Diversion site, the Applicant will not utilize any such land or structures until it, or Gilcrest Reservoir, L.L.C. has acquired the legal right to do so. 3.

Source. South Platte River. 4. Amount Claimed. 3,000 acre-feet, conditional, with one refill in the amount of 3,000 acrefeet per year conditional. The designed intake rate is approximately 260 cfs. 5.

Amount Claimed Absolute. As of the date of filing this Application, 225 acre-feet have been stored in Gilcrest Reservoir for United’s use. United continues to divert water into Gilcrest Reservoir under free river conditions and claims as absolute any additional amounts diverted and stored. The absolute amount is included in the total 3,000 acre-foot claim. 6. Date of Appropriation. September 13, 2013. 7.

How Appropriation was Initiated. On September 13, 2013, United initiated this appropriation by installing a pump in the South Platte River, diverting and storing free river water into Gilcrest Reservoir.

These diversions were implemented pursuant to a short-term, temporary lease agreement with Gilcrest Reservoir, L.L.C for storage space in Gilcrest Reservoir.

Water stored this year in Gilcrest Reservoir for United will be used for, but not limited to oil, gas and mineral production, exchange and augmentation. United’s Board of Directors passed a Resolution approving this appropriation on October 4, 2013 (attached as Exhibit 2). 8. Date Water First Applied to Beneficial Use. September 13, 2013, by the diversion and storage of water for future use. 9. Uses.

9.1. Directly or as a source of augmentation and substitute supply for use on and for the future development of lands owned

by United and other entities to whom United will provide water for land development in the Beebe Draw, on the 70 Ranch, and within the Sand Hills Metropolitan District, as it currently exists or may exist in the future. For municipal, industrial, commercial, irrigation uses, including, but not limited to, domestic, mechanical, manufacturing, drought protection, storage, exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, and use by other parties with the right to store water in the Reservoir. 9.2.

Directly or as a source of augmentation and substitute supply for industrial purposes, including but not limited to oil, gas and mineral production. 9.3. Directly or as a source of augmentation and substitute

politan District, as it currently exists or may exist in the future. For municipal, industrial, commercial, irrigation uses, including, but not limited to, domestic, mechanical, manufacturing, drought protection, storage, exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, and use by other parties with the right to store water in the Reservoir. 9.2.

Directly or as a source of augmentation and substitute supply for industrial purposes, including but not limited to oil, gas and mineral production. 9.3. Directly or as a source of augmentation and substitute supply for farm lands acquired by United and other entities from which senior water rights have been or will be transferred to meet United’s contractual obligations. 9.4.

United 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. United seeks a decree granting the right to use the above-described conditional water rights for all industrial, commercial, irrigation and municipal uses, including but not limited to domestic, irrigation, mechanical, manufacturing, drought protection, storage, demonstrated future demands, exchange, augmentation and replacement, recharge, substitute supply, and for all other beneficial uses. 10. Total Capacity. Gilcrest Reservoir has a planned total capacity of approximately 27,000 acre-feet. United has had discussions with Gilcrest Reservoir, LLC regarding the purchase of a portion of that storage. 11. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above, and lands on which those facilities will be located. 11.1. Gilcrest Reservoir. Gilcrest Reservoir and its diversion and outlet facilities are owned by Gilcrest Reservoir, L.L.C., 9191 Towne Centre Drive, Suite 210, San Diego, CA 92122. 11.2. Jay Thomas Diversion Dam. The Jay Thomas Diversion Dam and the land at the point of diversion for Gilcrest Reservoir are owned

by Public Service Company, d/b/a Xcel Energy Inc., 1800 Larimer Street, Suite 1300, Denver, CO 80202. (6 pages, 6 exhibit pages)

Elbert County News 13

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 927870 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DECEMBER 2013 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 2013 for each County affected.

13CW3182 United Water and Sanitation District, acting by and through the United Water Acquisition Enterprise (“United” or the “Applicant”), c/o Robert Lembke, 8301 East Prentice Ave., #100, Greenwood Village, Colorado 80111, (303) 775-1005. APPLICATION FOR A CONDITIONAL STORAGE RIGHT – HIGHLANDS RESERVOIR IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 1007 Pearl Street, Suite 220, Boulder, Colorado 80302, tod@tjslaw.com, (Attorney for Applicant). 2. Description of Conditional Water Storage Right. 2.1. Name of Structure. 2.1.1.

Highlands Reservoir. 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. A map showing the location of Highlands Reservoir is attached as Exhibit 1. Water will be diverted from the South Platte River at the diversion facilities described in paragraph 2.2 below. 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. United has the ability to use FRICO’s delivery canals pursuant to the conveyance contract between United and FRICO. United will construct Highlands Reservoir for multiple uses, including, but not limited to: (a) satisfying its obligations to the Arapahoe County Water and Wastewater Authority (“ACWWA”) under the Intergovernmental Agreement dated December 15, 2009, and the East Cherry Creek Valley Water and Sanitation District (“ECCV”) under the Amended and Restated Water Supply Agreement dated May 2007; (b) the direct use and augmentation of wells in the Beebe Draw for use on and development of lands owned

by United or affiliated entities in the Beebe Draw and the Sand Hills Metropolitan District; and (c) storage for other entities 2.2.

Name of Diversion Facilities. 2.2.1.

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. The diversion structure has a current capacity of 100 c.f.s, with the ability to expand to more than 500 c.f.s. This Diversion delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington/O’Brien Canal immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir.

2.2.2. Burlington Ditch (also known as Burlington/O’Brien Canal). The headgate is 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. The City of Thornton has an agreement with Burlington/FRICO for use of the first 200 c.f.s. of excess capacity in the Burlington Ditch. United’s use of the Ditch will be limited by Thornton’s prior right. 2.3. Source. South Platte River. 2.4. Amount Claimed. 2,000 acre-feet conditional, with one refill in the amount of 2,000 acre-feet per year conditional. 2.5. Date of Appropriation. October 4, 2013. 2.6. How Appropriation was Initiated. The appropriation date is based the United’s Board of Directors’ approval of a resolution on October 4, 2013, approving this appropriation (attached as Exhibit 2), the posting of Notices of Appropriation at the site of the Reservoir and at the point of diversion on October 22, 2013 (attached as Exhibit 3), and the filing of this

use of the Ditch will be limited by Thornton’s prior right. 2.3. Source. South Platte River. 2.4. Amount Claimed. 2,000 acre-feet conditional, with one refill in the amount of 2,000 acre-feet per year conditional. 2.5. Date of Appropriation. October 4, 2013. 2.6. How Appropriation was Initiated. The appropriation date is based the United’s Board of Directors’ approval of a resolution on October 4, 2013, approving this appropriation (attached as Exhibit 2), the posting of Notices of Appropriation at the site of the Reservoir and at the point of diversion on October 22, 2013 (attached as Exhibit 3), and the filing of this Application as directed by the Resolution and pursuant to the Notices of Appropriation. United has conducted engineering studies to determine the feasibility of constructing Highlands Reservoir, has identified the location of Highlands Reservoir as described above in paragraph 2.1.1., and has identified the location of the diversion structures as described in paragraph 2.2.

2.7. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 2.8. Uses. United seeks this water right for uses other than those claimed by (a) ECCV jointly with United and (2) ACWWA jointly with United in applications filed with the District Court, Water Division No. 1, on December 30, 2013 for conditional storage rights in Highlands Reservoir. By this application, United seeks a decree granting the right to use the above-described conditional water right as follows: 2.8.1. Directly or as a source of augmentation and substitute supply for use on and for the future development of lands owned by United and other entities to whom United will provide water for land development in the Beebe Draw and within the Sand Hills Metropolitan District as it currently exists or may exist in the future. For municipal, industrial, commercial, irrigation uses, including, but not limited to, domestic, mechanical, manufacturing, drought protection, storage, exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, and use by other parties with the right to store water in the Reservoir. 2.8.2. Directly or as a source of augmentation and substitute supply for industrial purposes, including but not limited to oil, gas and mineral production. 2.8.3. Directly or as a source of augmentation and substitute supply for irrigation of farm lands acquired by United and other entities from which senior water rights have been or will be transferred to meet United’s contractual obligations.

2.8.4. United 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. United seeks a decree granting the right to use the above-described conditional water rights for all industrial, commercial, irrigation and municipal uses, including but not limited to domestic, irrigation, mechanical, manufacturing, drought protection, storage, future planned development, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, to meet future demonstrated demand, and for all other beneficial uses. 2.9. Total Capacity. Highlands Reservoir has a planned total capacity of 2,000 acre-feet. 2.10. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above, and lands on which those facilities will be located. 2.10.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 2.10.2. The land on which the Reservoir will be located is owned by Highland Equities, L.L.C., 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 2.10.3.

The United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111 holds a perpetual easement granted by Henderson Aggregate, LTD for the United Diversion Facility No. 3. The diversion structure is owned by United. 2.10.4. The Burlington Ditch (also known as Burlington/O’Brien Canal) is owned by the Farmers Reservoir and Irrigation Company (“FRICO”), 80 South 27th Avenue Brighton, Colorado 80601. 2.10.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. (6 pages, 8 exhibit pages)

14 Elbert County News

Misc. Private Legals

position must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Misc. Private Legals

Legal Notice No.: 927871 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2013 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 2013 for each County affected.

and for the future development of lands owned by United, 70 Ranch, LLC, and other entities to whom United will provide water for land development in the Beebe Draw and within the Sand Hills Metropolitan District, as it now exists or may exist in the future. For municipal, industrial, commercial, irrigation uses, including, but not limited to, domestic, mechanical, manufacturing, drought protection, storage, exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, and use by other parties with the right to store water in the Reservoir. 2.8.2. For inclusion as a source of supply in the plan for augmentation previously decreed in Case No. 88CW264(B), District Court, Water Division No. 1, Decree entered August 20, 1996, for municipal, industrial, commercial, irrigation uses, including, but not limited to, domestic, mechanical, manufacturing, drought protection, storage , exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, and use by other parties with the right to store water in the Reservoir on the 70 Ranch in Weld County, Colorado, and within the Sand Hills Metropolitan District, as it now exists or may exist in the future. 2.8.3. Directly or as a source of augmentation and substitute supply for industrial purposes, including but not limited to oil, gas and mineral production. 2.8.4. Directly or as a source of augmentation and substitute supply on farm lands acquired by United and other entities from which senior water rights have been or will be transferred to meet United’s contractual obligations.

2.8.5. For delivery to recharge in the Haren Recharge Pond by exchange. The Haren Recharge Pond and related facilities are described below in paragraph 3.

2.8.6. United asks the Court to decree that they have 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. United seeks a decree granting the right to use the abovedescribed conditional water rights for all industrial, commercial, irrigation and municipal uses, including but not limited to domestic, mechanical, manufacturing, drought protection, storage, exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, use by other parties with the right to store water in the Reservoir and for other beneficial purposes. 2.9.

Total Capacity. The 70 Ranch Reservoir has a planned total capacity of 6,000 acrefeet. 2.10. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above, and lands on which those facilities will be located. 2.10.1. 70 Ranch Reservoir and its diversion facilities are owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 2.10.2. The facilities described above will be located on land owned by 70 Ranch, LLC, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 3. Description of Conditional Recharge Right. 3.1. Name of Structure. 3.1.1. Haren Recharge Pond.

The Haren Recharge Pond is located in the SW1/4 of Section 16, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. The Pond has been constructed and is operational. 3.2.

Name of Diversion Facility. 3.2.1. Haren Pipeline. The Haren Pipeline will divert water from the South Platte River at one of two alternate locations: 3.2.1.1. The SE1/4 of the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. in Weld County, Colorado. 3.2.1.2.

SE1/4 of the NE1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. A map showing the location of the Haren Recharge Pond and the Haren Pipeline alternate alignments is attached as Exhibit 4. 3.3. Source. South Platte River. 3.4.

Amount Claimed. 50 c.f.s., conditional.

3.5. Date of Appropriation. December 13, 2013. 3.6. How Appropriation was Initiated. The appropriation date is based upon the posting of Notices of Appropriation on December 13, 2013 (attached as Exhibit 5) and the filing of this Application.

3.7. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 3.8. Uses. The Applicant seeks a decree granting the right to use the abovedescribed conditional water right for the uses described above in paragraph 2.8.

3.9. Name and Addresses of the Owner of the Structure and the Diversion Facility Listed Above, and land on which the diversion facilities will be located. 3.9.1. The Haren Recharge Pond is owned by the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80634 and the United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 3.9.2. The Haren Pipeline is owned by the United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 3.9.3. The Haren Pipeline Diversion Alternate 1 identified above in paragraph 3.2.1.1 will be located on land owned by the Eaton Cattle Company, 21421 Highway 60, Platteville, CO 80651 (Dorothy Thomas Phelps). 3.9.4. The Haren Pipeline Diversion Alternate 2 identified above in paragraph 3.2.1.2. will be located on land owned by RML Properties Investors, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. (7 pages, 10 exhibit pages)

Misc. Private Legals

(Dorothy Thomas Phelps). 3.9.4. The

14 Haren Pipeline Diversion Alternate 2 iden-

tified above in paragraph 3.2.1.2. will be located on land owned by RML Properties Investors, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. (7 pages, 10 exhibit pages)

Misc. Private Legals

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

” Elbert County Government reserves the right, as its interest may require, to reject any and all bids, to waive formalities and informalities contained in-said bid and furthermore to award a contract for items herein, either in whole or in part, if it is deemed to be in the best interest of Elbert County to do so. Additionally, Elbert County reserves the right to negotiate optional items and or services with the successful bidder.

Government Legals

Please contact Lynne Eschbach for a complete set of specifications or any questions regarding this bid at 303-6213157, Elbert County Public Works Department, from 7:00 a.m. to 3:30 p.m. Monday through Thursday, excluding holidays.

ELBERT COUNTY PUBLIC WORKS DEPARTMENT Ed Ehmann, Director Legal Notice No.: 927860 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: Elbert County News

priation. September 13, 2013. 4.2. How Appropriation Was Initiated. On September 13, 2013, ACWWA initiated this appropriation by diverting and storing free river in Gilcrest Reservoir. On behalf of ACWWA, United leased 500 acre-feet of storage in Gilcrest Reservoir from Gilcrest Reservoir, LLC. Water stored in Gilcrest Reservoir under this appropriation will be used in ACWWA’s 2014-2015 Substitute Water Supply Plan. ACWWA’s Board of Directors passed a Resolution approving this appropriation on November 13, 2013.

4.3. Date Water First Applied to Beneficial Use. Not applicable. 5. Source of the Water. South Platte River. 6. Amount Claimed. 500 acre-feet, conditional, with one refill in the amount of 500 acre-feet per year conditional. 7. Uses. Applicants seek a decree granting the right to use the above-described conditional water right as follows: 7.1. Directly or as a source of replacement supply pursuant to the plan for augmentation claimed in Case No. 10CW306 for delivery to ACWWA’s service area from the ACWWA/ECCV Well Field located in the Beebe Draw. 7.2. For delivery to recharge in the Beebe Draw pursuant to the recharge projects claimed in Case No. 10CW306 to include the conditional water right as an additional source of replacement water. 7.3. As a source of substitute supply for the substitution and exchange sought in the application, as it may be amended, in Case No. 09CW283, filed on behalf of ACWWA and United.

7.4. Directly or as a source of replacement supply for the 70 Ranch Augmentation Plan pursuant to the plan for augmentation claimed in Case No. 10CW306 for delivery to ACWWA’s service area.

7.5. Delivery to recharge on the 70 Ranch as claimed in Case No. 10CW306 to include the conditional water right as an additional source of replacement water. 7.6.

For all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the service area of AC WWA l o c a ted i n Ara pa h o e a nd Douglas Counties, as it now exists or may exist in the future, and/or the service area of others with whom ACWWA may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the East Cherry Creek Valley Water and Sanitation District. 7.7.

ACWWA 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. 8. Names and Addresses for the Owner of the Storage and Diversion Facilities Listed Above. 8.1. Gilcrest Reservoir.

Gilcrest Reservoir is owned by Gilcrest Reservoir, LLC, 9191 Towne Centre Drive, Suite 210, San Diego, CA 92122.

8.2. Jay Thomas Diversion Dam. The Jay Thomas Diversion Dam and the land at the point of diversion for Gilcrest Reservoir are owned by Public Service Company, d/b/a Xcel Energy Inc., 1800 Larimer Street, Suite 1300, Denver, CO 80202. The facility will only be used with the permission of Public Service Company. WHEREFORE, ACWWA and United request that the Court enter a decree granting the conditional water storage right, and for such other relief it deems proper. (6 pages; 1 exhibit page)

January 23, 2014

Government Legals

Public Notice 13CW3183 United Water and SanitaDISTRICT COURT, tion District, acting by and through the WATER DIVISION 1, COLORADO United Water Acquisition Enterprise DECEMBER 2013 WATER (“United” or the “Applicant”), c/o Legal Notice No.: 927872 RESUME PUBLICATION Robert Lembke, 8301 East Prentice First Publication: January 23, 2014 Ave., #100, Greenwood Village, ColorLast Publication: January 23, 2014 TO: ALL PERSONS INTERESTED ado 80111, (303) 775-1005. APPLICAPublisher: The Elbert County News IN WATER APPLICATIONS TION FOR A CONDITIONAL STORAGE IN WATER DIV. 1 RIGHT, CONDITIONAL RIGHT OF RECHARGE, AND INCLUSION AS A Pursuant to C.R.S. 37-92-302, you are noSOURCE OF WATER FOR THE AUGtified that the following is a resume of all MENTATION PLAN DECREED IN CASE water right applications and certain NO. 88CW264(B) IN ADAMS, ARamendments filed in the Office of the WaAPAHOE, DENVER, DOUGLAS, ELPublic Notice ter Clerk during the month of DECEMBERT, MORGAN AND WELD BER 2013 for each County affected.

COUNTIES. Please send all pleadings DEPARTMENT OF HOMELAND and correspondence to: Tod J. Smith, SECURITY 13CW3173 Arapahoe County Water and Esq., LAW OFFICE OF TOD J. SMITH, FEDERAL EMERGENCY Wastewater Authority (“ACWWA”), c/o LLC, 1007 Pearl Street, Suite 220, MANAGEMENT AGENCY Gary Atkin, General Manager, 13031 Boulder, Colorado 80302, (Attorney for East Caley Avenue, Centennial, ColorApplicant). 2. Description of Conditional Proposed Flood Hazard Determinations ado 80111, (303) 790-4830; United WaWater Storage Right. 2.1. Name of Strucfor the Unincorporated Areas of Elbert ter and Sanitation District, acting directly ture. 2.1.1. 70 Ranch Reservoir. The 70 County, Colorado, and Case No. 13-08and by and through the United Water and Ranch Reservoir will be located in the 1173P The Department of Homeland SeSanitation District ACWWA Enterprise S1/2 of Section 3, Township 4 North, curity’s Federal Emergency Management (“United”), c/o Robert Lembke, 8301 East Range 63 West of the 6th P.M. and a porAgency (FEMA) solicits technical informaPrentice Avenue #100, Greenwood Viltion of the NE1/4 of Section 10, Township tion or comments on proposed flood hazlage, Colorado 80111, (303) 785-3585.

4 North, Range 63 West of the 6th P.M. in ard determinations for the Flood InsurAPPLICATION FOR A CONDITIONAL Weld County, Colorado. A map showing ance Rate Map (FIRM), and where applicWATER RIGHT, IN ADAMS, ARAPAHOE, the location of 70 Ranch Reservoir is atable, the Flood Insurance Study (FIS) reDENVER, DOUGLAS, ELBERT, MORtached as Exhibit 1. The 70 Ranch Reserport for your community. These flood hazGAN AND WELD COUNTIES. Please voir and the diversion facility described ard determinations may include the addisend all pleadings and correspondence to: below will be used for multiple uses intion or modification of Base Flood ElevaBrian M. Nazarenus, Esq., Sheela S. cluding, but not limited to: (a) satisfying its tions, base flood depths, Special Flood Stack, Esq., Susan M. Ryan, Esq., RYobligations to the Arapahoe County Water Hazard Area boundaries or zone designaLEY CARLOCK & APPLEWHITE, 1700 and Wastewater Authority (“ACWWA”) untions, or the regulatory floodway. The Lincoln, Suite 3500, Denver, Colorado der the Intergovernmental Agreement FIRM and, if applicable, the FIS report 80203, (Attorneys for ACWWA); Tod J. dated December 15, 2009, and the East have been revised to reflect these flood Smith, Esq., THE LAW OFFICE OF TOD Cherry Creek Valley Water and Sanitation hazard determinations through issuance J. SMITH, LLC, 1007 Pearl Street, Suite District (“ECCV”) under the Amended and of a Letter of Map Revision (LOMR), in ac220, Boulder, Colorado 80302, (Attorney Restated Water Supply Agreement dated cordance with Title 44, Part 65 of the for United). 2. Name of Structure. 2.1.GilMay 2007; (b) augmentation of wells on Code of Federal Regulations. These decrest Reservoir. Gilcrest Reservoir is an the 70 Ranch and on other property terminations are the basis for the floodoff-channel reservoir located within a part owned by United and other entities; and plain management measures that your of Section 2, Township 3 North, Range 67 (c) storage for other entities. 2.2. Name of community is required to adopt or show West and Sections 23, 26, 34, and 35, Diversion Facility. 2.2.1. Diversion Strucevidence of having in effect to qualify or Township 4 North, Range 67 West of the ture. Located in the SE1/4 of the SE1/4 of remain qualified for participation in the Na6th P.M., Weld County, Colorado. GilSection 34, Township 5 North, Range 63 tional Flood Insurance Program. For more crest Reservoir is a lined gravel pit. A West of the 6th P.M. in Weld County, Colinformation on the proposed flood hazard map showing the location of Gilcrest orado, and United Diversion Facility No. 6, determinations and information on the Reservoir is attached as Exhibit 1. 2.2. which is claimed in Case No. 10CW306 statutory 90-day period provided for apUse of Gilcrest Reservoir. Gilcrest Reserfor inclusion in the 70 Ranch Plan for Augpeals, please visit FEMA’s website at voir, L.L.C. owns the structure referred to mentation and will be located in the www.fema.gov/plan/prevent/fhm/bfe, or in this Application as “Gilcrest Reservoir.”

NW1/4 of the NE1/4 of Section 3, Towncall the FEMA Map Information eXchange Nothing in this Application shall be conship 4 North, Range 63 West and the (FMIX) toll free at 1-877-FEMA MAP (1strued to create any right on the part of SE1/4 of the SW1/4 of Township 5 North, THE WATER RIGHTS CLAIMED BY 877-336-2627).

ACWWA or United to utilize land or strucRange 63 West, both of the 6th P.M., THESE APPLICATIONS MAY AFFECT tures owned by others, including, but not Weld County, Colorado. 2.3. Source.

IN PRIORITY ANY WATER RIGHTS Legal Notice No.: 927856 limited to, Gilcrest Reservoir and other South Platte River. 2.4. Amount and Rate CLAIMED OR HERETOFORE ADJUDICFirst Publication: January 16, 2014 structures or reservoirs for the diversion, Claimed. 6,000 acre-feet, conditional, ATED WITHIN THIS DIVISION AND Last Publication: January 23, 2014 carriage, or storage of water. ACWWA with one refill in the amount of 6,000 acreOWNERS OF AFFECTED RIGHTS Publisher: The Elbert County News and United may not utilize any such land feet per year conditional. Design of the inMUST APPEAR TO OBJECT WITHIN or structures until it has acquired the legal take structure has not been completed but THE TIME PROVIDED BY STATUTE OR right to do so. 3. Name of the Diversion is estimated at approximately 100 c.f.s.

Public Notice BE FOREVER BARRED. Facilities Used to Fill Gilcrest Reservoir 2.5. Date of Appropriation. October 4, and Outlet Structures. 3.1. Gilcrest 2013. 2.6. How Appropriation was InitiINVITATION TO BID YOU ARE HEREBY NOTIFIED that any Reservoir Points of Diversion. One point ated. The appropriation date is based the party who wishes to oppose an applicaof diversion for Gilcrest Reservoir will be United’s Board of Directors’ approval of a Elbert County Public Works Departtion, or an amended application, may file located adjacent to the Jay Thomas Ditch resolution on October 4, 2013 (attached ment, State of Colorado, is hereby acwith the Water Clerk, P. O. Box 2038, Diversion Dam and will be located on the as Exhibit 2), approving this appropriation, cepting sealed bids for the purchase of Greeley, CO 80632, a verified Statement east bank of the South Platte River in the the posting of Notices of Appropriation at four (4) new 2013 or 2014 Model 140M, of Opposition, setting forth facts as to why NW1/4 of the NW1/4 of Section 11, Townthe site of the Reservoir and at the point of 12M, 772GP, 772G - G946 or equivalent; the application should not be granted, or ship 3 North, Range 67 West of the 6th diversion on October 22, 2013 (attached five (5) year, 7,500 hour guaranteed buy why it should be granted only in part or on P.M., Weld County, Colorado (referred to as Exhibit 3), and the filing of this Applicaback with 7,500 hour bumper to bumpcertain conditions. Such Statement of Opas the “South Diversion”). A second point tion as directed by the Resolution and purer warranty. All items listed on the speposition must be filed by the last day of diversion will be located on the South cification sheet need to be included on suant to the Notices of Appropriation.

FEBRUARY 2014 (forms available on Platte River downstream of the confluthe bid.

United has conducted engineering studwww.courts.state.co.us or in the Clerk’s THE WATER RIGHTS CLAIMED BY ence with the St. Vrain River in the NE1/4 ies to determine the feasibility of conoffice), and must be filed as an Original THESE APPLICATIONS MAY AFFECT of the SW1/4 of Section 26, Township 4 Bids will be accepted until 10:00 a.m., structing 70 Ranch Reservoir, has identiand include $158.00 filing fee. A copy of IN PRIORITY ANY WATER RIGHTS North, Range 67 West of the 6th P.M., Monday, February 3, 2014. Three (3) fied the location of 70 Ranch Reservoir as each Statement of Opposition must also CLAIMED OR HERETOFORE ADJUDICWeld County Colorado (referred to as the copies of said bid shall be submitted. Bids described above in paragraph 2.1.1., and be served upon the Applicant or ATED WITHIN THIS DIVISION AND “North Diversion”). 3.2. Gilcrest Reserwill not be considered which are received has identified the location of the diversion Applicant’s Attorney and an affidavit or OWNERS OF AFFECTED RIGHTS voir Outlet Structures. Gilcrest Reservoir after the time stated and any bids restructure as described in paragraph 2.2.1. certificate of such service of mailing shall MUST APPEAR TO OBJECT WITHIN has several outlets with the capability of ceived will be returned unopened. Faxed 2.7. Date Water First Applied to Beneficial be filed with the Water Clerk.

THE TIME PROVIDED BY STATUTE OR returning water to the South Platte River bids will not be accepted. Bids will be Use. Not applicable, conditional water BE FOREVER BARRED. at the following locations; (1) the SE1/4 of opened at 10:30 a.m., or as soon as posright. 2.8. Uses. United seeks this water Legal Notice No.: 927866 the NW1/4 of Section 2, Township 3 sible thereafter, Monday, February 3, right on its own behalf for uses other than First Publication: January 23, 2014 YOU ARE HEREBY NOTIFIED that any North, Range 67 West of the 6th P.M., 2014, in the Commissioner Meeting those claimed by (a) ECCV jointly with Last Publication: January 23, 2014 party who wishes to oppose an applicaWeld County, Colorado; (2) the NW1/4 of Room, Elbert County Courthouse, 215 United and (2) ACWWA jointly with United Publisher: The Elbert County News tion, or an amended application, may file the NW1/4 of Section 35, Township 4 Comanche Street, Kiowa, Colorado in applications filed with the District Court, with the Water Clerk, P. O. Box 2038, North, Range 67 West of the 6th P.M., Water Division No. 1, on December 30, 80117. The bid opening is open to the Greeley, CO 80632, a verified Statement Weld County, Colorado; and (3) the 2013. By this application, United seeks a public. Please mail bids to: Elbert County of Opposition, setting forth facts as to why SW1/4 of the NE1/4 of Section 26, Towndecree granting the right to use the abovePublic Works Department, Attn: Lynne the application should not be granted, or ship 4 North, Range 67 West of the 6th described conditional water right as folEschbach, P.O. Box 116, Kiowa, CO why it should be granted only in part or on P.M., Weld County, Colorado. 4. Approlows: 2.8.1. Directly or as a source of aug80117 or deliver to: Elbert County Public certain conditions. Such Statement of Oppriation Information. 4.1. Date of Appromentation and substitute supply for use on Works Department, 218 Cheyenne Street, Without public notices, position must be filed by the last day of priation. September 13, 2013. 4.2. How and for the future development of lands Kiowa, Colorado 80117. Please mark outthe government wouldn’t FEBRUARY 2014 (forms available on Appropriation Was Initiated. On Septemowned by United, 70 Ranch, LLC, and s i d e o f e n v e l o p e “ F O U R M O T O R have to say anything else. www.courts.state.co.us or in the Clerk’s ber 13, 2013, ACWWA initiated this approother entities to whom United will provide GRADER BID FIVE (5) YEAR GUARANoffice), and must be filed as an Original Public notices are a community’s window priation by diverting and storing free river water for land development in the Beebe TEED BUY BACK” into the government. From zoning and include $158.00 filing fee. A copy of regulations to local budgets, governments in Gilcrest Reservoir. On behalf o f Draw and within the Sand Hills Metropoliteach Statement of Opposition must also have used local newspapers to inform ACWWA, United leased 500 acre-feet of an District, as it now exists or may exist in Elbert County Government reserves the citizens of its actions as an essential part be served upon the Applicant or of your right to know. You know where to storage in Gilcrest Reservoir from Gilcrest the future. For municipal, industrial, comright, as its interest may require, to reject Applicant’s Attorney and an affidavit or look, when to look and what to look for to Reservoir, LLC. Water stored in Gilcrest mercial, irrigation uses, including, but not any and all bids, to waive formalities and be involved as a citizen. Local newspapers THE WATER RIGHTS CLAIMED BY certificate of such service of mailing shall Reservoir under this appropriation will be limited to, domestic, mechanical, manuinformalities contained in-said bid and furprovide you with the information you THESE APPLICATIONS MAY AFFECT be filed with the Water Clerk. need to get involved. used in ACWWA’s 2014-2015 Substitute facturing, drought protection, storage, exthermore to award a contract for items IN PRIORITY ANY WATER RIGHTS Water Supply Plan. ACWWA’s Board of change, augmentation and replacement, herein, either in whole or in part, if it is CLAIMED OR HERETOFORE ADJUDICLegal Notice No.: 927871 Notices are meant to be noticed.

Directors passed a Resolution approving deemed to be in the best interest of Elbert recharge, substitute supply, to meet Read your public notices and get involved!

First Publication: January 23, 2014 ATED WITHIN THIS DIVISION AND this appropriation on November 13, 2013.

County to do so. Additionally, Elbert demonstrated future demands, and use by Last Publication: January 23, 2014 OWNERS OF AFFECTED RIGHTS 4.3.

Date Water First Applied to Beneficial County reserves the right to negotiate opother parties with the right to store water Publisher: The Elbert County News MUST APPEAR TO OBJECT WITHIN Use. Not applicable. 5. Source of the Wational items and or services with the sucin the Reservoir. 2.8.2. For inclusion as a THE TIME PROVIDED BY STATUTE OR ter. South Platte River. 6. Amount cessful bidder. source of supply in the plan for augmentaPublic Notice BE FOREVER BARRED. Claimed. 500 acre-feet, conditional, with tion previously decreed in Case No. one refill in the amount of 500 acre-feet Please contact Lynne Eschbach for a 88CW264(B), District Court, Water DiviELBERT COUNTY VENDOR PMT LIST NOVEMBER 2013 YOU ARE HEREBY NOTIFIED that any per year conditional.

7.SERVICES Uses. Applicants complete any sion No. 1,326722.98 Decree entered August 20,HLTHparty SEPT GENERAL FUND CO DEPT OF PUBL 25.00 JERI SPEAR set of specifications MILEAGEorREIMBURSEMENT 45.00 RT CORP LLC MONTHLY FEES 265.67 who TOX wishes to oppose an applicaseek a decree granting the rightELECTION to use the questions regarding this bid at 303-6211996, for$854,996.30 municipal, industrial, GENERAL FUND CO DEPT commerOF REVENUE tion, or OPERATING EXPENSE 3,074.50 JESSICA FANN MILEAGE REIMBURSEMENT 13.65 RUNBECK SVCS OFFICE SUPPLIES 188.58 an amended application, may file above-described water right as 3157, Elbert County Public OPERATING Works Departcial, irrigation uses, including, but not limHEALTH FUND $4,107.56 CO INTERACTIVE MONTHLY JESSIE MCKNIGHT EXPENSE 75.00 conditional RUNNING CREEK QUICK with the WaterSERVICES Clerk, P. O. Box 283.59 2038, follows: 7.1.19.60 Directly LUBE or as a source of rement,GRAHAM from 7:00 a.m. to 3:30REIMBURSEMENT p.m. Monday ited to, domestic, mechanical, manufacturROAD & BRIDGE FUND $163,635.79 COLT DEFENSE LLC TRAINING 1,175.00 JOAN VEHICLE MAINTENANCE 291.31 Greeley, CO 80632, a verified Statement placement 522.50 supply pursuant to CONSTRUCTION the plan for through Thursday, excluding holidays.JUDGE PAY ing, drought protection, storage, SALES & USE TAX FUND $7,267.76 COMANCHE VETexHOSPITAL SVC CHARGE JOAN M. WHITE ELECTION SCHMIDT of Opposition, setting forth facts as to86.28 why in Case No. change, augmentation and replacement, LEAF FUND $21,429.31 COMCAST MONTHLY UTILITIES 427.04 JOHN DEERE FINANCIAL LEASE AGREEMENT augmentation 31,902.75 claimed CO OPERATING EXPENSE 10,362.10 the application should not be granted, or for delivery to ACWWA’s ELBERT COUNTY recharge,$30,889.66 substitute supply, to MEDIA meet OF CO HUMAN SERVICES FUND COMMUNITY EXPENSEonly in part 99.75 KANSAS STATE BANK PUBLICLEASE AGREEMENT 10CW306 60,354.84 SIGNAL GRAPHICSserOFFICE SUPPLIES 90.20 why itOPERATING should be granted or on vice area from Well WORKS DEPARTMENT MILEAGE REIMBURSEMENT demonstrated future demands, use by MEADOWS STATION $41,216.25 CONNIEand MILLS ELECTION JUDGE PAYStatement 507.50 KELLEY MIKE 102.00the ACWWA/ECCV SPRINT MONTHLY UTILITIES 715.54 certain conditions.

Such of OpField located in the Beebe Draw.

7.2.

For other parties with the right to store water Ed Ehmann, Director FOXWOOD ESTATES $17,510.00 CORPORATE BILLING position OPERATING EXPENSE 354.85 KIOWA CREEK COMM CHRCH TANF CONTRACT 3,090.00 STAPLES ADVANTAGE OFFICE SUPPLIES 3,009.24 must be filed by the last day of delivery to recharge in theOFBeebe Draw in the Reservoir on the 70 Ranch in Weld CONSERVATION TR FUND $6,088.91 CORRECTIONAL HLTHCARE MONTHLY2014 SERVICES 22,292.32 KIOWA STORAGE STORAGE FEES 60.00 STATE COLORADO FEES 791.00 FEBRUARY (forms available on the recharge projects claimed County,$1,147,141.54 Colorado, andCRACKERJACK within the Sand Legal Notice TOTALS MUD JACKING OPERATING EXPENSEor in the Clerk’s 510.00 LARRY ROSS No.: 927860 REIMBURSEMENT pursuant to181.19 STERICYCLE HAZ. WASTE REMOVAL 293.61 www.courts.state.co.us in Case No.691.33 10CW306 to include Hills Metropolitan District, as it now exists First Publication: January 23, 2014 CUC CREDIT CARD be TRANS. 5,026.04 LAWSON PRODUCTS OPERATING EXPENSE STONE OIL COthe INCconFUEL/PROPANE 21,543.12 office), and must filed as an Original ditional water right as an additional source or may exist in AMT the future.

2.8.3. Directly Last Publication: January 23, 2014 Vendor Name Description D-J PETROLEUM FUEL/DISEL 37,863.13 LISA MAZZOLA COLL SERV. LIAISON 2,092.50 SUSAN LUDWIG OPERATING EXPENSE 420.00 and include $158.00 filing fee. A copy of DHHS CLIENT LYLE SIGN INC OPERATING EXPENSE 1,208.07 SAINT VINCENT MILEAGE REIMBURSEMENT 42.00 of replacement water.SUSAN 7.3. As a source of or as a source of augmentation and subPublisher: Elbert County News each OPERATING Statement EXPENSE of Opposition must75.00 also 2HP CONSTRUCTION, LLC OPERATING EXPENSE 5,100.00 DEEPpurposes, ROCK MONTHLY UTILITIES 8.45 MANDY TAYLOR REIMBURSEMENT 31.76 SYSCO FOOD SERVICES MONTHLY EXPENSES 4,598.53 substitute supply for the substitution and stitute supply for industrial inbe served upon the Applicant or ACOMA LOCKSMITH SERVICE BUILDING MAINTENANCE MARKETING OFFICE Attorney SUPPLIES and an affidavit 2,923.16 MARINI DIESEL INC VEHICLE MAINTENANCE 141.10 in TENNANT SALES AND 210.10 exchange sought the application, as SVC it CO OPERATING EXPENSE cluding but not112.00 limited toDELL oil, gas and min-L.P. Applicant’s or ADVANCED QUALITY AUTO VEHICLE MAINT eral production.

2,176.85 TRAINING 40.00 MARJORIE F. WHITE ELECTION JUDGE PAY 465.00 in THE LIGHTHOUSE OPERATING EXPENSE 193.00 may be amended, Case No. 09CW283, 2.8.4.DOUGCO DirectlySHERIFF’S or as a OFFICE AGATE MUTUAL TELEPHONE MONTHLY UTILITIES 23.05 DOUG/ELBRT CTY TASK certificate of such service of mailing shall MATT MARTINICH OPERATING EXPENSE 660.00of ACWWA TIMOTHEOS FINAL PAYMENT 5,000.00 filed on behalf andINC United. source of augmentation and substitute be filed with the Water Clerk.

AIRGAS INTERMOUNTAIN FEES 608.71 FORCE by United TANF GRANT 4,128.36 MCAFEE INC OPERATING EXPENSE 363.78 INC of replaceGROUNDS MAINTENANCE 2,500.00 7.4. Directly or as aTLLC source supply on farm lands acquired AL SERRA OPERATING EXPENSE 373.90 DUNRIGHT WELDING WELDING 395.00 MEDVED FORD PARTS VEHICLE MAINTENANCE TLORanch LLC AugmentaMONTHLY SERVICES 136.00 ment supply41.76 for the 70 and other entities from which senior water LegalVET Notice No.: 927872 ALL ACCESS INC OPERATING EXPENSE 1,030.05 PLAINS VET. SERVICES 518.00 MHC KENWORTH VEHICLE MAINTENANCE DEPUTY COMP 400.00 tion Plan1,866.34 pursuant TODD to thePEDERSON plan for augrights have been or willDUSTY be transferred to First Publication: ANTHONY CORRADO ELECTION JUDGEmeet PAY United’s 552.50 E&G TERMINAL,INC EQUIPMENT January 23, 2014 366.25 MICHELLE NAIL REIMBURSEMENT mentation claimed 16.00 inTOWN OF KIOWA MONTHLY UTILITIES 3,036.09 Case No. 10CW306 contractual obligations.

Last Publication: January 23, 2014 88.80 ARAPAHOE HEATING SVC BUILDING MAINTENANCE 888.96 E470 PUBLIC HWY EXPRESS TOLL MID-AMERICAN RSCH CHEM OPERATING EXPENSE 290.62 TOWN OF SIMLA MONTHLY UTILITIES 132.07 for delivery to ACWWA’s service area.

2.8.5. For delivery to recharge in the HarPublisher: The Elbert County News3,500.00 ASSA ABLOY ENTRANCE SYS OPERATING EXPENSE 4,390.00 CTRL COUNCIL MRKTING CONTIB. MIKE TESMAN REIMBURSEMENT 7.5. Delivery 100.00 TRANSWEST TRUCKS 138.33 to recharge on the 70 Ranch INC. VEHICLE MAINTENANCE en Recharge Pond by EAST exchange.

The GOV ASSURED WASTE EC COALITION OUTREACH TANF CONTRACT 1,363.17 MINES & ASSOCIATES PC MONTHLY SERVICES 535.80 TRUE VALUE HARDWARE OPERATING EXPENSE 241.98 as claimed in Case No. 10CW306 to inHaren Recharge Pond and related facilitSOLUTIONS MEDICAL WASTE ies are described 166.35below EDinKOVITZ AUCTIONEER TAX SALE 300.00 MORPHOTRUST OPERATING EXPENSE TECHNOLOGIES 8,081.00 clude the23,288.00 conditional TYLER water right as an ad- INC MONTHLY CONTRACT paragraph 3.

AUTO GLASS GUYS VEHICLE MAINT 2.8.6. United195.00 EIDE BAILLY SERVICE AGREEMENT 19,950.00 MOUNTAIN VIEW ELECTRIC MONTHLY UTILITIES 337.78 U.S. POSTAL SERVICE FEES 116.00 ditional source of replacement water. 7.6. asks the Court to decree AUTO-CHOLOR SYSTEM MONTHLY SERVICES ELuse, PASOreuse, COUNTY OPERATING EXPENSE 6,750.00 NASRALLAH CUSTOM ULTRAMAX EQUIPMENT 2,028.00 For all municipal, industrial, andAMMUNITION irrigation that they have178.00 the right to sucBABY BEAR HUGS TANF CONTRACT cessively use 832.00 ECCA 4TH QUARTER CALLS 8,811.25 LEATHER OPERATING EXPENSE 420.00 UMB BANK NA BOND PAYMENT /INTEREST 58,726.25 uses, including but not limited to domestic, and dispose of by sale, exBARBARA S. SJAASTAD ELECTION JUDGE PAY 397.50 ELBERT COUNTY R&B VEHICLE MAINTENANCE 1,141.22 NEXTEL COMMUNICATIONS MONTHLY EXPENSESirrigation,4,311.56 UNIVERSITY PHYSICIANS INC SUPERVISED VISITS 750.00 mechanical, manufacturing, change, augmentation, or otherwise, BASS VIVA I. CONTRACT WAGES 271.50 ELBERT COUNTY to TRSR MONTHLY RENT 1,810.00 OFFICE OF DISTRICT ATTNY QUARTERLY FEES 260,588.00 VERIZON WIRELESS MONTHLY PAYMENT 837.51 commercial,39.00 industrial, drought protection, extinction all water lawfully diverted and/or BERG HILL GREENLEAF RUSC LEGAL FEES 2,706.11 ELIZABETH CHAIN SAW EQUIPMENT MAINTENANCE 38.00 OVERHEAD DOOR CO OPERATING EXPENSE VIAERO WIRELESS MONTHLY SERVICES 234.39 demands, exchange, aug-CO INC RETAINER GROUP impounded2,273.88 pursuantELIZABETH to the decree BLACK HILLS ENERGY MONTHLY UTILITIES FIRE DEPT. OPERATING EXPENSE 450.00 PARKER PORT-A-POTTY MONTHLY SERVICES to meet future 239.00 WAGNER EQUIPMENT 128.75 and replacement, recharge, entered in this768.76 case. United seeksSTORAGE a deBLUE STAR POLICE SUPPLY OPERATING EXPENSE ELIZABETH MONTHLY SERVICES 220.00 PARKER SIGNS SIGNS FOR ECDHHS mentation 287.00 WASTE MANAGEMENT MONTHLY UTILITIES 711.23 substitute supply, and regularight to use the aboveC&M REBUILDERS,INC VEHICLE MAINT cree granting the 50.74 EMERGENCY VEHICLE SPEC. EQUIPMENT MAINTENANCE 81.00 PARTS DIRECT VEHICLE MAINTENANCE 209.64 adjustment WELLS FARGO BOND PAYMENT 337,212.50 tion of water supply, WESTSIDE including TOWING further exdescribed conditional rights for all CAROLYN BURGENER MONTHLY EXPENSES 200.00 water ENERTIA CONSULTING OPERATING EXPENSE 19,867.76 PHILLIP OLBERT ELECTION JUDGE PAY 492.50 OPERATING EXPENSE 332.50 change with other water systems and with industrial, commercial, andCOMM. muniCCP INDUSTRIES INC OPERATING EXPENSE 317.61 irrigation FAIR POINT MONTHLY FEES 246.49 PHOENIX TECHNOLOGY GR OPERATING EXPENSE 5,548.94 WINTERBERG OIL COMPANY OPERATING EXPENSE 331.25 users, and for BOYS-NAPA all other beneficipal uses, including not limitedINC to doCDW GOVERNMENT OPERATING EXPENSE 9,865.94 butFLATIRONS OPERATING EXPENSE 400.00 PITNEY BOWES INC POSTAGE SUPPLIES other water 5,000.00 WITT VEHICLE MAINTENANCE 2,416.29 cial uses 286.68 within the service area of mestic, mechanical, manufacturing, OPERATING EXPENSE 105.00 CENTURYLINK MONTHLY SERIVCES 472.21 FRONTIER BUSINESS PROD OPERATING EXPENSE 465.09 POTESTIO BROTHERS EQUIP VEHICLE MAINTENANCE WRIGLEY ENTERPRISES AC WWA l o c a ted XEROX i n AraCORPORATION pa h o e a nd drought protection, exchange, MONTHLY EXPENSE 2,429.05 CERTIFIED LAB MONTHLY SERVICES 124.90 storage, FRONTIER COMM CORP MONTHLY RENTAL 995.96 POYSTI AND ADAMS AUDIT PREP 38,694.37 Douglas Counties, now exists or may and replacement, recharge, MONTHLY PAYMENT 63.84 CHARLES WALKER ELECTION JUDGEaugmentation PAY 422.50 G&K SERVICES OPERATING EXPENSE 296.31 PROVOTE SOLUTIONS OPERATING EXPENSE 9,067.67 asYitTIME the service area substitute supply, demonstrated ZEE MEDICAL MEDICAL SUPPLIES 205.83 CHEM TOX OPERATING EXPENSE 370.00to meet GALL’S INC OPERATING EXPENSE 524.18 PUREWATER DYNAMICS MONTHLY RENTAL exist in the future, 50.00 and/or whomZEP ACWWA maySVC confuture demands, use by GEIGER other parties with SALES AND SHOP SUPPLIES 84.87 CLIA LAB PRGM FEES 200.00 OPERATING EXPENSE 838.48 QUILL CORPORATION OFFICE SUPPLIES of others with 352.69 the right to store waterGLASER in the Reservoir CMI INC EQUIP MAINTENANCE 101.57 GAS COMPANY MONTHLY UTILITIES 111.74 QWEST MONTHLY UTILITIES tract to provide 1,412.73water, water delivery, and water delivery infrastructure, including but and for other beneficialGLENN purposes.

2.9.

COLORADO ASSESOR A. OHRNS CONTRACT WAGES/TRAVEL 1,920.00 RHONDA L. BRAUN ELECTION JUDGE PAY 547.50 Legal Notice to the East Cherry CreekNo.: Val-927873 Total Capacity.

The 70GOVERNMENT Ranch Reservoir ASSOC. TRAINING AND DUES 1,400.75 FLEET SALES VEHICLE PURCHASE 17,000.00 PORTA POT RENTAL MONTHLY UTILITIES not limited 195.00 First Publication: ley Water2,889.51 and Sanitation District. 7.7.January 23, 2014 has a planned total of 6,000KENNEL acreCO BUREAU OF INVEST OPERATING EXPENSE 79.00capacity HALLCREST KENNEL FEES 284.97 ROCK PARTS COMPANY VEHICLE MAINTENANCE COLORADO COMMUNITY OPERATING EXPENSE 3,366.50and HEATHER HARCOURT OPERATING EXPENSE 487.50 RKY MTN. SPRING & ACWWA asks the Court decree that itJanuary 23, 2014 feet. 2.10. Name Addresses of the LasttoPublication: CDOT OPERATING EXPENSE HONNEN EQUIPMENT LAMP 2,259.08 SUSPENSE VEHICLE MAINTENANCE 236.46 has the right to use,Publisher: reuse, successively Owner of the 100.00 Storage Structure and the CO Elbert County News CO DEPT AGRICULTURE EQUIPMENT 206.00 Listed IREA Above, and MONTHLY UTILITIES 7,481.13 ROD WILSON DEPUTY COMP 200.00 of by sale, exchange, use and dispose Diversion Facilities augmentation, or otherwise, to extinction lands on which those facilities will be locall water lawfully diverted and/or impounated. 2.10.1. 70 Ranch Reservoir and its ded pursuant to the decree entered in this diversion facilities are owned by United case. 8. Names and Addresses for the Water and Sanitation District, 8301 East

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“Trust Us!”

15-Color

Elbert County News 15

January 23, 2014

Rocking Horse project acquired Developers plan community with age-restricted component

By Chris Michlewicz

cmichlewicz@coloradocommunitymedia.com The new owners of a housing development — half of which is designated for an agerestricted retirement community — plan to jumpstart construction activity.

Rocking Horse, a 1,036-acre neighborhood off Inspiration Drive in the northeastern corner of Douglas County, is now in the hands of Wheelock Street Capital, the same company that developed Anthem Colorado in Broomfield.

Rocking Horse got off the ground in 2006, but the economic downturn put the project on hold indefinitely. Sales only recently began to recoup, with 50 homes being sold in 2013.

So far, there are only 150 occupied homes at the site.

Where some see a fledgling housing development that has had trouble getting off the ground, Wheelock Street Capital sees opportunity.

The company, which has developed 12 master-planned communities across the country, had a list of “very specific criteria” when it began shopping for a new project two years ago, said Jeff Handlin, president of Oread Capital and Development, the operating partner for Wheelock.

“We wanted a large-scale master planned community that was in an area of high median income and had high college graduate percentages,” Handlin said.

Wheelock found the “perfect confluence” of enticing factors, he said, including immediate access to Denver International Airport and office parks like Meridian and the Denver Technological Center. Wheelock subsidiary WS-RHA Development, LLC acquired the property and development rights from Rocking Horse Partners, LLC, on Jan. 6.

Wheelock and Oread Capital and Development are in the process of selecting between two and four homebuilders to construct the remainder of the community. It has not been determined whether the existing builders, Lennar Homes and Meritage Homes, will stay on. However, they will continue building on the limited number of lots they own in the interim.

Wheelock plans to take its time in deciding on the type of architecture, the size of lots and features in the homes. It will conduct extensive market research, analyze demographics and look at nearby subdivisions in part to help determine the “niches” that might be absent from the existing selection of homes in the area, Handlin said.

“We look at this as a 7- to 10-year project.

We won’t rush decisions that set the tone for this neighborhood,” he said. “We’d rather take our time to get feedback from the residents.”

Wheelock has already decided to begin installing infrastructure in the first half of 2014

for an as-yet-unnamed 55-and-older retirement community comprising roughly half of the available land. Brisk sales at Heritage Eagle Bend, a retirement village near E-470 and Gartrell Road, are a good indicator of the “massive demand” for an active adult community, Handlin said.

The age-restricted portion of the development will be constructed on the western half of the land and boast a ranch-style home product that’s different from the rest of Rocking Horse. It will also have its own amenities and homeowners’ association. The idea is to “create separation, but promote integration,” Handlin says.

“People want to be close to their kids and grandkids,” he said.

If everything goes according to plan, new homes in the non-age restricted part of Rocking Horse will start to pop up in late 2014 or early 2015. The average closing price for existing homes in Rocking Horse is in the low $400,000s.

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Government Legals

Government Legals

Public Notice

proposed budget amendment is available for inspection by the public in the Administrative Office of Elbert County located at 215 Comanche Street, Kiowa, CO 80117.

Such proposed budget amendment has been scheduled for a public hearing to be held at the regular board meeting of the Board of County Commissioners on Wednesday, January 29, 2014 at 9:00 A.M. at 215 Comanche Street, Kiowa, CO 80117. Any interested elector of Elbert County may file any objections

NOTICE OF PROPOSED 2014 BUDGET AMENDMENT (Pursuant to 29-1-106, C.R.S.) Board of County Commissioners of Elbert County, CO NOTICE IS HEREBY GIVEN that a proposed 2014 budget amendment has been submitted to the Board of County Commissioners of Elbert County, CO. The

Government Legals to the proposed budget amendment at any time prior to the final adoption of the budget by the Board of County Commissioners.

BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY, CO Legal Notice No.: 927880 First Publication: January 23, 2014 Last Publication: January 23, 2014 Publisher: The Elbert County News

When government takes action, it uses local newspapers to notify you. Reading your public notices is the best way to find out what is happening in your community and how it affects you. If you don’t read public notices, you never know what you might miss.

Notices are meant to be noticed.

Read your public notices and get involved!

16-Color

16 Elbert County News

January 23, 2014

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