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April 13, 2017
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SEE SPECIAL EASTER PAGES IN THIS ISSUE ARAPAHOE COUNTY, COLORADO
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JOINING THE RACE: District Attorney George Brauchler wants to be the next governor of Colorado P4
THE PATH FORWARD: County officials are working to shape the future for cyclists, pedestrians P3
A BRUTAL PACE: The 800 meters offers a unique challenge for area athletes P30
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‘It’s irresponsible for us to go and ask for a tax increase before exhausting all other options.’ Cole Wist, state representative | Page 8 INSIDE
VOICES: PAGE 14 | LIFE: PAGE 18 | CALENDAR: PAGE 28 | SPORTS: PAGE 30
LittletonIndependent.net
VOLUME 128 | ISSUE 38
2 The Independent - The Herald
April 13, 2017A
NEWS IN A HURRY
MY NAME IS
Pottery sale at ACC The Arapahoe Community College Clay Club will host the annual Arapahoe Ceramics Guild Spring Pottery Sale April 20-22 at the Colorado Gallery of the Arts at ACC, located on the first floor of the Annex Building. Festivities on April 20 include a meet-the-artists opening reception with light refreshments from 5-6 p.m. Admission is free and the sale is open to the public. Hours of operation: April 20: 10 a.m. to 8 p.m. April 21: 9 a.m. to 8 p.m. April 22: 9 a.m. to 3 p.m. For more information, contact Lucy O’Neill at lucysoars@gmail.com.
JOANNA ANZELMO-RUMP
Veterinarian, substitute teacher
My background I’m a hospice veterinarian. I’m from Elk Grove Village, Illinois, a suburb of Chicago. Living in the mountains had always been a goal, and after veterinary school I got a job in Boulder.
About being a vet I always loved animals and I believed that veterinary medicine was not always about tragedy. Some people think they can’t be a vet because they can’t euthanize an animal. I think that sadness is a part of love. I realized this by reading “All Creatures Great and Small” by James Herriot. He wrote about the human animal bond. As a hospice vet, I know that I serve people by serving their animals, particularly at what can be a sad time. Most people cringe at the thought of hospice and home euthanasia. We can’t change that your pet’s life is ending, but we can change how it ends. By coming to your home to euthanize your family pet we can create a peaceful, beautiful, calm process that celebrates the bond that you’ve had together. The bond and love you share with your pet lasts forever and those final memories can be comforting as you move past the sadness.
Fan of school district I chose Littleton because of the school district. My husband, also a veterinarian, and I have three children and the schools here came highly recommended by professionals we trust. Not only do our children attend school here, I’m fortunate to be a substitute teacher in science at the high school level. If you have suggestions for My Name is…contact Kyle Harding at kharding@coloradocommunity media.com
Historic preservation awards Littleton will celebrate Historic Preservation Month on May 4 at Littleton Museum with a presentation of the 2017 Historic Preservation Awards. Awards will be given for preservation advocacy, improvement of historic cultural resources and long-term care of significant historic properties. The reception will begin at 6:30 p.m.
JoAnna Anzelmo-Rump is a veterinarian and a transplant to Colorado from Illinois. COURTESY PHOTO
Electronics recycling set Littleton residents can recycle electronics and shred documents on April 22. Items like computer monitors, TVs and small appliances can be recycled. There is a $20 fee for tube TVs or monitors or those over 24 inches. Proof of residency will be required. For a list of items accepted and not accepted, visit www. littletongov.org/ Home/Components/News/ News/8494/242. The event will be held from 8 a.m. to noon at the Belleview Service Center, 1800 W. Belleview Ave.
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The Independent - The Herald 3
7April 13, 2017
Planning a path for cyclists, pedestrians County’s master plan reaches its final stage of outreach BY STEPHANIE MASON SMASON@COLORADOCOMMUNITYMEDIA.COM
On Sundays, Karina Elrod, of Littleton, and her family choose to not use their own vehicle. Safety is a priority for her family as they seek other ways to navigate their day. “Wherever we want to go on Sunday, we have to use a bike, our feet or public transit,” Elrod said. “Biking is becoming more and more of what we do… I want to keep my family safe and healthy.” Elrod was one of many Arapahoe County residents packed into the Carson Nature Center in Littleton on April 4 for the Arapahoe County Bike and Pedestrian Master Plan open house. “I am hoping that the masterplan is well thought through,” Elrod said. “I want it to be comprehensive… this is about a good quality of life.” Arapahoe County’s vision for its future of bicycle and pedestrian transportation is in the process of being polished by citizens and implemented into a master plan. In May 2016, Arapahoe County sought out a plan to design the future for bike riders and pedestrians. According to the master plan, the vision is to build a “comprehensive system of on-street and trail facilities that safely connects neighborhoods and destinations and encourages walking and bicycling for travel and recreation.” The plan is being created without design or construction guidelines, said Caitlin Wilson, communication services specialist for the county’s community resources, public works and development department. “It is truly just a blueprint for the future,” Wilson said. “This will serve as a working document for future trail and on-street plans. It will take some serious time with a lot of moving parts... It identifies the gaps.”
A group of Arapahoe County residents discusses items on the proposed planning map at the Arapahoe County Bike and Pedestrian Masterplan Open House at the Carson Nature Center in Littleton on April 4. STEPHANIE MASON In phases one and two, the county completed an inventory and assessment of sidewalks, on-street bike facilities and trails. In the county, there are 3,321 miles of sidewalk in the urbanized areas. Detached sidewalks — meaning those separated from the road by a buffer zone — take up 30 percent of all sidewalks, while 70 percent of them are attached, meaning they are directly adjacent to the road. The county recorded 100 miles of missing sidewalk segments. In its assessment of bike pathways, the county found that 17 percent of roadways are low-stress for bikers and 62 percent are highstress, meaning the biker is on the road alongside traffic. In its first two phases, the county also recognized a need for education and outreach strategies. Between 2010 and 2014 in Arapahoe County, there were more than 900 crashes involving a pedestrian and a motorist, and more than 700 accidents between a cyclist and a motorist.
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“Biking is becoming more and more of what we do … I want to keep my family safe and healthy.”
Karina Elrod Littleton resident Now in phase three, the final segment to the outreach and planning process, Arapahoe County is putting the finishing touches on ideas and maps. In recent open houses in Littleton and Aurora, residents were encouraged to write on the proposed bike and pedestrian map. Citizens circled areas where they were interested in seeing future trails constructed and wrote comments about subjects like sidewalk conditions. Now that the community comments are collected, the maps are
in the process of being refined. The next step, Wilson said, is bringing the plans to Arapahoe municipalities and gaining approval from the board of county commissioners. Phase three of the master plan is expected to be completed in July or August. “Once completed, it will be up to cities and rec districts to decide where they want to implement changes,” Wilson said. As for the entire plan, Wilson said, a proposal of this size could take up to 15 years to implement.
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4 The Independent - The Herald
April 13, 2017A
District attorney, congressman join race for governor’s seat
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George Brauchler is seeking to trade his 18th Judicial District Attorney’s office for one in the state Capitol. Brauchler, a Republican, is campaigning to replace term-limited Democratic Gov. John Hickenlooper in the 2018 election. Citing what he called “ a lack of real leadership at the state level,” Brauchler said he wants to push for a stronger economy and tougher sentences for violent criminals. “Our governor has spent the last six years being affable,” said Brauchler, who announced his candidacy April 5. On the heels of Brauchler’s announcement, the race was infused with another big name, this one on the Democratic side. Six-term Congressman Ed Perlmutter made his candidacy for governor official on April 9. Perlmutter, of Golden, was first elected to the U.S. House in 2006. He represent Colorado’s 7th Congressional District, which largely comprises politically diverse Jefferson County. Brauchler was elected district attorney in 2012 and re-elected after running unopposed in 2016. The 18th Judicial District encompasses Arapahoe, Douglas, Elbert and Lincoln counties. He gained nationwide recognition for prosecuting the case against Aurora theater shooter James Holmes, calling the case “the biggest trial in the history of the state.” He said maintaining his obligations outside the courtroom during the trial shows he can maintain his role as district attorney during the campaign. He added he would put his campaign on hiatus if a big case came up. In February, Colorado’s economy was ranked the best in the country by U.S. News and World Report, but Brauchler said it could be better with less regulation and streamlined registration policies for small business owners. “We’re spending a lot of time running with the herd. I think we can be leading the pack,” Brauchler said. “Are we doing well? I think we’re doing fine, but we can be doing bigger and better for a longer period of time with the right leadership.” Calling criminal justice his “wheelhouse,” Brauchler said he will push for stronger minimum sentences for DUI and homicide offenders. “Right now, someone can com-
mit serious murder and 20-25 years later be back on the street,” he said. Brauchler has lived in Colorado for 45 years, currently residing in Parker with his wife and four children. He attended the University of Colorado, Boulder, and later graduated from the University of Colorado School of Law. He is a colonel in the Colorado Army National Guard. Perlmutter, who launched his campaign at a grocery store in Golden on April 9, served in the state Sentate from 1995-2003. He said he is primarily concerned with protecting the environment and health care for Colorado. Perlmutter said that under the Trump administration, he believes he can do more good as the governor than as a congressman “because it is the states that can act as a check and balance.” Brauchler and Perlmutter have joined a crowded field that Brauchler includes more than a dozen candidates. Notable on the Republican side is businessman Victor Mitchell, a Castle Rock resident who served in the state House from 2007-09. Mitchell runs Lead Funding, an organizaPerlmutter tion that offers financing options for homebuilders and developers. Mitchell was undaunted in his quest for a showdown in the June 2018 Republican primary election. “Attorney Brauchler is a fine fellow — a pretty good lawyer. He’s a patriot and soldier,” Mitchell said in an emailed statement. “But we don’t need yet another lawyer at the Capitol. We need business people who are proven managers.” Aside from Perlmutter, the Democrats in the race with the most name recognition are former state Sen. Mike Johnston and former state Treasurer Cary Kennedy. Johnston is a Denver resident who served in the state Senate from 2009-16, and before that, was a teacher and principal. Kennedy, of Denver, was elected treasurer in 2006 and lost a re-election bid in 2010. In 2011, she was appointed the City of Denver’s chief financial officer and its deputy mayor, and she continued in those capacities until 2016. Four of the past five governors have been Democrats. Hickenlooper was elected to the position in 2010 and re-elected in 2014. — Editors Chris Rotar and Glenn Wallace contributed to this report.
The Independent - The Herald 5
7April 13, 2017
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6 The Independent - The Herald
April 13, 2017A
BUSINESS
The chamber connection: Helping businesses and residents BY CLARKE READER CREADER@COLORADOCOMMUNITYMEDIA.COM
Chambers of Commerce are designed to help their businesses grow and prosper in the community, bring in new customers and contribute to the economy. But that’s not their only focus — chambers also inform and connect the residents of their communities. “If businesses thrive, residents do as well,” said Pam Ridler, president of the Castle Rock Chamber of Commerce. “We live in the community, too, and want it to keep growing and improving.” With all the connections and resources available to them, chambers can serve as critical connections between businesses, nonprofits, local governments and residents. “We work with the West Chamber and Arvada Chamber, because they provide great business connections, and because we’re always looking for experience faculty,” said Kim Rein, director of marketing and communications at Red Rocks Community College. “When we were raising capital for our Arvada campus, they were great in helping us raising awareness in the community.” Training and leadership classes are also often hosted by chambers to get residents more involved. “The chamber offers a leadership program, a young professionals program and various seminars,” wrote Angela Habben, Metro North Chamber president and CEO, in an email interview. “All these provide diverse insight and information into the regional community and benefit one’s business — and personal — growth and development.” Two of the most common ways residents interact with chambers are through chambers’ resources and special events. Resources for newcomers, shoppers “When I needed to move a couple states over, the first place I called was the chamber of commerce of the city where I was moving,” said Andrea LaRew, president of Highlands Ranch’s chamber. “I wish more residents knew to use us as a resource. If someone needs something, we can help them or know someone who can.” Chambers often serve as a first point
of contact for new residents, providing welcome kits and guides to the city. They also provide information to tourists interested in learning about hot spots to visit and entertainment options. “We’re set up at the Arvada Visitor Center, and are able to interact with people just visiting our city,” said Kami Welch, president of the Arvada Chamber of Commerce. “Our place is to be on the home turf and educate and connect people in the community.” For the person looking for a plumber, real estate agent or insurance company, chambers make connecting to reputable businesses easy through online directories and in-person recommendations. “We all band together to promote Jeffco businesses,” said Pam Bales, president and CEO of Jefferson County’s West Chamber. “We have a huge list of businesses to connect with people who need a wide range of services.” For those who prefer a physical resource, chambers create guides that residents can pick up and keep in their car or home. But more and more chambers have embraced social media and technology to extend the reach of businesses in creative and interactive ways. “As a chamber, we’re always in the loop on what’s happening in the community,” LaRew said. “It’s all about access and connection.”
What members are saying
Community events, large and small When a visitor is sampling some of the best Jeffco eateries at Taste of the West, checking out sweet rides at the Englewood Car Show or watching a bull rider at the Douglas County Fair, they’re taking part in a chamber-sponsored event. Many cities’ signature events are hosted or sponsored by their chambers, which serve the dual purpose of highlighting and connecting residents to member businesses, but also promote the city. “The Douglas County Fair and Rodeo has been part of the history here for 60 years,” Ridler said. “We also have the Lighting of the Star event, and the Colorado Artfest is going into its 28th year.” Beyond the big events, chambers host smaller community-driven happenings that connect residents with everyone from nonprofits to elected officials.
These events are open to all residents. “We have second and fourth Friday coffees in the morning at different area businesses, which helps us reach our residents directly,” said Randy Penn, director of the Greater Englewood Chamber of Commerce. “One of the things we’ve had to change is how we reach out to citizens. We Penn have a great relationship with the city, and our next step is getting more residents involved.” Some of the Arvada Chamber’s most popular events are its third Friday breakfasts, where attendees discuss everything from legislative wrap-ups to the state of the city, county, transportation and much more. “We host a candidate forum every year that is really well-attended by residents,” Welch said. “We’re always looking at ways to tackle these issues. Sometimes it gets heated, depending on the subject, but that’s how a good discussion goes.”
Smaller chambers, like the West Colfax Community Association, host monthly morning meetings, that provide information and the opportunity to make important community connections. “My brand new business wouldn’t exist without the WCCA,” said Gene Kalesti, owner of Pure Colorado Event Center and Kitchen. “All the connections needed to get started, I made the association’s meetings.” In the end, so much of what chambers do comes down to a single word — connection. That applies to businesses, residents and the community at large. “Our publications of a city guide that talks about Westminster, open job postings on our website, resident community bags and an online events calendar, ensure people can take on an active role in the community,” wrote Juliet Abdel, Westminster Chamber of Commerce president and CEO, in an email interview. “Residents can also partner as community investors and participate in committees and projects that make a significant impact in our city.”
press.com • South Valley Drywall, located at 8101 Midway Drive in northern Douglas County, has received the Excellence in Ethics Award from the American Subcontractors Association for the sixth time. More information: southvalleydrywall.com • Hawkeye, LLC, recently began offering aerial and ground-level drone videography, editing and production in Parker. More information: HawkEyeFlight.com • Black Belt USA, LLC, opened in Parker in March at 10841 S Crossroads Drive, Suite 6. The company
offers martial arts training for all age groups. Contact Bog Cho for information at 720-378-2614. • Baseline Figures opened recently in Parker at 11688 Spotted St. The company provides body mass analysis. Contact owner/operator Michael Sudia for more information at 720-726-3751. • Burn Boot Camp opened in Highlands Ranch at 8800 S. Colorado Blvd. The fitness facility offers a variety of classes. More information: burnbootcamp.com/highlands-ranch-co • Brooklyn Veterinary Clinic opened their new dog and cat veterinary hospital in Castle Rock at 1320
Virtuoso Loop. Dr. Deb Patterson, Dr. Kathy Gaughan and Dr. Jenni Woods are the veterinarians working in the practice. The facility also provides boarding, grooming and doggy daycare. More information: www.brooklynvet.com • Integrated Ear, Nose and Throat opened a new location at 9960 Sky Ridge Avenue in Lone Tree. More information: www.integratedent.com • Game-Set-Match, a tennis retail store with locations in Centennial, Denver and Louisville, won an award for 2016 Pro/Specialty Retailer of the Year from Tennis Industry magazine.
IN THEIR BUSINESS • Uncle Maddio’s Pizza will open a location in Castle Rock at 3990 Limelight Ave. on April 28. The fast-casual pizza shop offers four pizza sizes and three crust styles, in addition to sandwiches and salads. More information: unclemaddios.com • Rubio’s Coastal Grill will open a location in Littleton at 111 W. Mineral Ave. on April 13. The fast-casual Mexican restaurant offers fish tacos and other items. More information: rubios. com • Car Wash Express has opened a Littleton location at 2421 W. Belleview Ave. More information: carwashex-
The Independent - The Herald 7
7April 13, 2017
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8 The Independent - The Herald
April 13, 2017A
State Senate to determine fate of transportation bill HB-1242 would ask voters to approve sales tax hike for road funding
“All of this needs a vote of the people.” Sen. Daniel Kagan D-Cherry Hills Village
BY KYLE HARDING KHARDING@COLORADOCOMMUNITYMEDIA.COM
State lawmakers are pushing to get a sales tax increase in front of voters this November to fund transportation infrastructure improvements. But while House Bill 17-1242 has widespread support among Democrats, who ensured its passage in the House, it has been met with mixed approval by Republicans. The bill would place a measure on the ballot to increase the state sales and use tax from 2.9 percent to 3.52 percent beginning Jan. 1, 2018 and lasting until 2038. It passed a House vote on March 31 by a 41-24 count and advanced to the Senate, where it would need approval before making its way to the governor’s desk. It has been assigned to the transportation committee. The bill was sponsored in the Democrat-controlled House by Speaker Crisanta Duran, D-Denver, and Rep. Diane Mitsch Bush, D-Steamboat Springs, and in the Republicancontrolled Senate by Senate President Kevin Grantham, R-Canon City, and Sen. Randy Baumgardner, R-Hot Sulphur Springs.
The state transportation system faces a $1 billion per year funding shortfall, according to the Colorado Department of Transportation. If the bill passes at the Capitol and then voters give it the nod, the measure would raise a net amount of about $604 million in new revenue from taxes in fiscal year 2018-19, according to an estimate from the Colorado Legislative Council staff. Under the bill, $300 million of the new revenue will be paid to the state highway fund, with the remainder going to county and municipal governments and a new multimodal transportation fund to develop public transit and bike and pedestrian options. It would also decrease the road safety surcharge — a vehicle registration fee — from $23 to $9 for most cars. “All of this needs a vote of the people,” Sen. Daniel Kagan, D-Cherry Hills Village, said at a town hall he hosted in Littleton on April 4.
Despite some Republican support in the Senate, it drew vocal opposition from House Republicans. Before the House voted on the bill, House Republican Leader Patrick Neville, of Castle Rock, and Assistant Leader Cole Wist, of Centennial, blasted, saying that they were excluded from discussions. Wist believes that transportation improvements should be paid for with existing revenue streams rather than new taxes. “It’s irresponsible for us to go and ask for a tax increase before exhausting all other options,” he said. Wist also believes there will be significant Republican opposition to the bill in the Senate. “Just because the Senate president is sponsoring the bill doesn’t mean it has majority support of that caucus,” he said. Ultimately, four House Republicans supported it, including Polly Lawrence, of Roxborough Park. Lawrence,
who initially opposed it, still has problems with the bill, but hopes the Senate will make some changes to it. “I had quite a few concerns,” she said, noting that she thinks the sales tax increase is too much and she does not like the multimodal transportation oversight committee the bill creates. She believes the state should dedicate some general fund money to transportation projects. “The reason I voted `yes’ was to telegraph to the Senate that I think they can make the changes necessary to make this a workable bill to fix our transportation issues across the state,” she said. Republican House leaders attempted to divert other funding sources to transportation projects during budget negotiations on April 6, but were thwarted by the Democratic majority. Solutions the Republicans offered up included diverting general fund money, reducing funding for renewable energy programs and more. Kagan, who supports HB 17-1242, said he would prefer raising the income tax to raising the sales tax as a means of meeting budget needs, but understands that is a tougher sell to voters. He also said raising gasoline taxes may not fix the problem, as it’s a shrinking revenue source as people both drive less and drive more fuelefficient vehicles. “We think that by doing it this way we potentially have a compromise that can be agreed upon,” he said.
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The Independent - The Herald 9
10 The Independent - The Herald
April 13, 2017A
Bikes are electric at Aspen Grove shop Nonprofit sells and rents powered bicycles but also provides job training
meantime, he is learning a skill that he hopes will help land him a job to help pay his way through school. “Every college town in America has a bike shop,” he said. Most of Goodturn’s customers since opening in November come in for the rentals. Buying an eBike ranges from $2,000 to $5,000 but a two-hour rental is $30. Outdoor Operation Director Tyler Burns said customers can ride out of the shop and be on the South Platte River Trail in minutes, on their way to Chatfield State Park or other destinations. “I haven’t had anybody come back and not have a good time,” he said. Most of the eBikes are pedal-assisted — the rider still has to put in some effort — and top out at 20 mph. The electric motors can be as powerful as 750 watts — slightly more than one horsepower — and add 15 to 20 pounds to the weight of the bike. Riders of eBikes run the gamut, but
BY KYLE HARDING KHARDING@COLORADOCOMMUNITYMEDIA.COM
Electric bicycles — or eBikes — can provide transportation or outdoor recreation alternatives, but a local nonprofit is also hoping they can provide jobs. GoodTurn Cycles, located at Aspen Grove shopping center in Littleton, is both an eBike rental and sales outlet and the setting for a budding apprenticeship program. “This place is designed for young people like me who might have trouble getting a job,” said Nash Hartman, 19. Hartman graduated from high school last year and spent a semester at Colorado State University before deciding to take some time off. He plans to return to college, but in the
SEE BIKES, P13
Nash Hartman, right, is an apprentice at GoodTurn Cycles in Littleton, where he is learning how to work on electric bikes. Tyler Burns, left, is outdoor operations director at GoodTurn. KYLE HARDING
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The Independent - The Herald 11
7April 13, 2017
Polish dance celebrates ‘a hard life’ BY KYLE HARDING KHARDING@COLORADOCOMMUNITYMEDIA.COM
The residents and staff at Highline Place Memory Care in Littleton gathered the afternoon of April 8 for a birthday party. But it wasn’t just any party. Olga Lorentz, who turns 90 on April 13, got a taste of her homeland at the party, as the Polish Youth Dancers from Denver’s St. Joseph’s Polish Church performed traditional dances for her party. Lorentz had an eventful start to her life. She was born in Warsaw, Poland, and at 12 years old saw her city destroyed by Nazi Germany. Because her father was an antiNazi newspaper publisher, the family fled to eastern Poland, but returned to Warsaw in 1941, amid World War II. Lorentz joined the Polish Home
South Suburban master plan to be presented to board STAFF REPORT
The final draft of South Suburban Parks and Recreation District’s upcoming master plan will be presented to the board of directors in May. The master plan will help the district identify priorities over the next decade. Through surveys and meetings beginning last year, the district and its consultants have identified what the district should focus on, including maintaining existing properties rather than acquiring new ones, improving energy and water use efficiency and connecting trails. The draft plan is available online until April 14 at bitly.com/ ssprd-master-final-draft. The district will hold a public hearing on the plan at 7 p.m. on April 26 at Goodson Recreation Center in Centennial. It will be presented to the board for possible approval on May 10. South Suburban encompasses 74 parks and more than 2,000 acres of open space, as well as more than 100 miles of trails and four recreation centers across Littleton, Centennial, Lone Tree, Sheridan, Columbine Valley, Bow Mar and unincorporated areas of Arapahoe, Douglas and Jefferson counties.
Army, trained as a field nurse and was wounded in the Warsaw Uprising in 1944 and later captured by the Nazis and sent to a prison camp. “Olga has had a hard life,” said her daughter, Danusia Lorentz of Littleton. Her mother, who moved into Highline Place about a year and a half ago, no longer speaks much. But she never spoke much about her experience in the war when Danusia and her brothers were growing up in a Polish community in Rochester, New York. “I always knew,” she said. “She would never discuss it.” Monika Czaja, assistant dance director for the Polish Youth Dancers, hoped the traditional dress and dances would please Lorentz. “We want to bring the memories back to her,” she said.
Polish Youth Dancers from St. Joseph’s Polish Church perform dances for Olga Lorentz, left, for her 90th birthday celebration at Highline Place Memory Care in Littleton. KYLE HARDING
Get your head in the game Centennial coach trains more than physical ability BY STEPHANIE MASON SMASON@COLORADOCOMMUNITYMEDIA.COM
Sports are not solely reliant on athletic ability. That’s what Sterling Joseph believes. Owner of Sterling’s Team Speed and a coach for more than 20 years, he trains his athletes in a different way. “Physically, we do the same thing as every other training center,” Joseph said. “A lot of places train from the shoulder down. But, with me, I train from the shoulder down and from the shoulder up. A lot of my kids who come out of here will leave with confidence. They believe they can take on the world.” Joseph, along with six other coaches, trains kids starting at the age of nine and ending at the collegiate level. The goal is improvement, regardless of the athlete’s level. “Our primary focus is development,” said Kira Schueppert, Sterling Team Speed’s business manager. “We have some of the top kids in their club or in their sport and we have kids who want to go from the four team to the three team.” At Sterling’s Team Speed, all levels are welcome. Joseph said he is just as proud of his kids advancing from a four team to a three team as he is his more accomplished players. Mallory Pugh, a member of the United States Women’s National Soccer Team, is one of Joseph’s athletes. “I brag about all the kids I have, not just the top athletes,” Joseph said. Joseph moved to Colorado from Louisiana after studying computer science in college. He slept in his car while trying to find work for the first
Sterling Joseph, owner of Sterling’s Team Speed, has been training young athletes in the Denver area for 20 years. STEPHANIE MASON
few days. He started working an IT job while coaching part-time during those first few years here. Eventually, Joseph decided to coaching full-time. “It was the best decision I could have made,” Joseph said. “It was a natural fit. There is not a day I am not happy coming to work. I am the luckiest person alive.” Katie Marcheso, 22, trained with Joseph for 15 years. She was a soccer player who wanted to be at the top of her sport.
“I’ve seen other strength and conditioning coaches throughout my years and he is the best,” Marcheso said. Marcheso now works for Joseph as a sports performance coach. She believes a great athlete has a strong mind. Leading by example, Marcheso said, has been the best tool to teach the psychological aspect of sports. “All sports are so mental,” Marcheso said. “I think people forget that it is a huge part of the game. We like to push our athletes harder. Having been through everything from the club to D1 level, I can share it all with the kids.” Recently, Joseph moved his gym to a new location at 8170 S. University Blvd. in Centennial. The new place has a sport recovery center, equipped with a cold tub and a hot tub, foam rollers and other recovery tools. It is also furnished with a cardio center, turf fitness area and a weight room. Joseph initially assesses every kid that comes in for training. Every month, the kids are again tested to chart progress. If there is no improvement, the coaches make a new plan. But, an athlete’s mind remains a priority. If kids start failing school, Joseph asks them not to return until their grades are improved. “I want that well-rounded kid,” Joseph said. “It is not just training the body, but the mind as well.” Above all, Joseph wants the athlete to leave his gym with confidence. “At the end of the day, I think every kid deserves the opportunity to gain confidence,” Joseph said. “We have some kids in our special performance program who are not athletes. This mom came in and told us that her kid needed confidence. Now that kid is excelling and is thinking about going into a sport.”
12 The Independent - The Herald
April 13, 2017A
Wastewater treatment plant marks 40th year Event scheduled to celebrate anniversary
The event will be held April 20 at the plant, 2900 S. Platte River Drive, Englewood. A lunch buffet will be served at 11:30 a.m. and there will be an anniversary program at noon and tours of the plant starting at 1 p.m. Dennis Stowe, plant manager, has been a plant employee for 31 years. He said Englewood and Littleton each operated wastewater plants up until the mid-1970s. “The plants needed to be upgraded, but the Environmental Protection Agency ordered the two cities to work together to build and operate a regional plant,” he said. “This plant was
BY TOM MUNDS TMUNDS@COLORADOCOMMUNITYMEDIA.COM
Jimmy Carter was in the White House, Jim Taylor was Englewood mayor and Harold Meyer was Littleton mayor in early April 1977, when the Littleton/Englewood Wastewater Treatment Plant went on line. A celebration is scheduled to celebrate the plant’s 40th anniversary.
built and put on line, but the two city plants were operational for a while after the regional plant opened. When this plant became fully operational and could meet processing requirements, the two old plants were shut down and demolished.” Jim Talent, operations division manager, came to work at the plant soon after it opened. “The plant was much smaller when it opened,” he said. “When I started in March 1977, our staff was about half the size of our staff today partially because we treated about 30 percent of the volume we treat now. Back then, the whole treatment process was done manually. Of course, our treatment area has expanded and now the treatment process is totally automated.” Since it was a regional plant, the customer area gradually expanded, which required expansion of the treatment facilities. Talent said there have been three major plant expansionz and a few smaller ones. The result is today the plant treats an average of about 22 million gallons of wastewater a day in order to serve about 250,000
customers in the 108-square-mile area stretching from I-25 to the foothills and from Evans Avenue to Roxborough Park. In addition to Englewood and Littleton residents, the plant serves the residents of 19 additional sewer districts. The plant is operated as an enterprise fund, which means operations, maintenance and capital improvement costs are paid for by fees collected. The 2017 plant budget is about $18 million. Stowe said the scope of operation lowers rates for those served by the plant. “We pay a discharge fee per customer, which now is about 12 cents per customer per year,” he said. “If the plant just served Englewood and Littleton, the discharge fee per customer would be about $1.25.” The plant has won a wall full of awards. There are national awards from the EPA and the National Association of Clean Water Agencies and regional honors, including recognition from the Rocky Mountain Water Environmental Association.
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In order to clean residue and sediments from the mains, the Water Distribution crews will be isolating sections of pipe by shutting off the valves to connecting pipes, then opening the fire hydrant on the main to full volume. The resulting surge of water flushes mineral accumulations from the pipe. As the rushing water forces the minerals from the mains, it may force small amounts into the connecting service lines. Residents should be aware, therefore, that one or more days during the week of April 17th they may experience a flow of brown water from their taps. They should then turn on their cold water only until the taps are flowing clear. Because of the nature of the project and the limited time available to complete it, crews will be unable to provide prior notification of their daily schedules. Residents are advised to check their cold water daily during the week of April 17th to determine if their systems have been affected by the flushing. If there are any questions, please contact
the Utilities Department at 303-762-2635.
The Independent - The Herald 13
7April 13, 2017
Hearing for carjacking suspect will continue in May Tremaine Speer was arrested last year on suspicion of crimes in Littleton and Aurora BY KYLE HARDING KHARDING@COLORADOCOMMUNITYMEDIA.COM
A hearing to determine if a man accused of two Littleton carjackings last summer will face charges began April 3 but was not completed. The preliminary hearing for Tremaine Dwayne Speer, 32, will continue next month. During the first day of the hearing, four witnesses were called by the prosecution.
BIKES FROM PAGE 10
Burns said they are particularly popular among commuters and those who may be physically unable to ride a traditional bicycle. “We had one lady with a muscle disorder and she couldn’t exercise in any way,” he said. “This was the only way to get her outside.” Hartman is the only apprentice in the program so far, but Burns said
Speer was arrested Aug. 2 and charged with aggravated robbery, possession of a weapon by a felon, menacing a victim with a deadly weapon and motor vehicle theft. He is accused of two daytime gunpoint robberies in Littleton and an additional one in Aurora in late July. The first incident occurred at about 12:20 p.m. July 30 in the 4600 block of West Mineral Avenue. The victim reported that the suspect demanded her car and valuables while brandishing a handgun. She gave up her black 2002 Toyota Celica and was unharmed. In the second incident, on July 31, a victim suffered non-life threatening injuries after allegedly being struck by the suspect. According to prosecutors, Speer backhanded the victim and threw her to the ground.
at least one other may be coming on board soon. The three-month program is designed to teach bike mechanics as well as retail skills and the specifics of the tourism industry. “The hardest part is learning the mechanics themselves,” Hartman said. “Dealing with things like ball bearings and not losing them.” So far he is enjoying the work, however. “I have two chill bosses and I get to work with my hands,” he said, “so I’m pretty happy.”
Similarly to the first incident, the suspect allegedly approached while she was in the parking lot of Littleton Museum in the 6000 block of South Gallup Street, brandished a handgun and demanded her car, a black 2006 Buick LaCrosse. The Aurora incident occurred on July 31. In that incident, the victim was with her 10-year-old son. Speer had recently been paroled after serving prison time for a 2004 robbery conviction at the time of the carjackings. He was arrested Aug. 2 in Denver near 30th Avenue and Fox Street. According to prosecutors, he was wearing a GPS monitor, per the
terms of his parole, when the crimes occurred. While Speer was found guilty of the robbery for which he was imprisoned in October 2004, he was acquitted of attempted murder and assault with a deadly weapon in that incident, in which authorities say he shot the victim. His criminal background also includes a previous motor vehicle theft charge from 2003. His last known address was in Aurora. Speer remains in Arapahoe County Jail on $250,000 bond. The hearing will resume at 1:30 p.m. on May 22 in courtroom 302 at the Arapahoe County Justice Center.
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14 The Independent - The Herald
LOCAL
April 13, 2017A
VOICES
Finding the point can be more complicated than it needs to be
QUIET DESPERATION
Craig Marshall Smith
H
ave you ever heard of Rube Goldberg?” Jennifer said. “Of course.” “Design one yourself. It might turn into a good column.” Goldberg (1882-1970) was known for depicting complicated gadgets that are sequenced to complete a very simple task. They were the opposite of efficiency. I think we all have encountered the opposite of efficiency. Variations of Goldberg’s ingenious designs have appeared in a number of films. I recommend “The Way Things Go,” but you will also find Goldberg variations in “Back to the Future” and “Pee-Wee’s Big Adventure,”
The Massachusetts Institute of Technology has a famous course, Design and Manufacturing, that requires students to create a robot that will complete a relatively simple task with disproportionate ingenuity. Ultimately there is a competition, “an Olympics of engineering,” in front of a cheering crowd. I told Jennifer that I already had a good idea for a column. “How to brighten up your spring patio with new and colorful furniture.” She pretended to yawn. I sat down to work on the crossword puzzle with my favorite No. 2 pencil. “One across,” I said, “I know that one,”
and I was about to fill in the letters, when the point of my pencil broke. I looked at Jennifer and Jennifer looked at me. “How are you going to sharpen your pencil?” she said. “OK, OK,” I said. I thought about how I could sharpen the pencil and make an adventure out of it. How do we sharpen pencils? When I was just a grade-school boy, I pointed pencils in manual sharpeners. The sharpeners were usually black, and stuck to a wall. SEE SMITH, P15
Legislation aims to cut cost of car insurance
D
Bat: A Ballad of the Republic Sung in 1888.” I chose this classic poem to make a point about the influence and importance of poetry, of the arts in our lives. Established by Congress in 1965, the National Endowment for the Arts (NEA) is the independent federal agency that helps give people across America the opportunity to participate in and experience the
id your car insurance premiums go up this year? You’re not alone. Colorado is experiencing a surge in auto insurance rates, with drivers seeing an average rate increase of 15 percent or more on policy renewals. This trend has not gone unnoticed. GUEST We are working hard to bring those COLUMN costs down with a package of bills aimed at reducing insurance rates for struggling Coloradans. There are a number of reasons, beyond individual risk factors, why we may all be experiencing steep increases in our auto insurance premiums this year. Mandates that incentivize lawsuits or exorbitant jury awards drive up all of our rates. Several years ago, Colorado had Jack Tate a no-fault insurance system which mandated drivers buy expensive coverage and auto insurance rates skyrocketed. After the no-fault system crashed in on itself in 2003, premiums plummeted and created a marketplace with more individual options suited to drivers’ needs. However, with more folks moving to Colorado every day, we simply have more drivers on Colorado highways than we can accommodate. Invariably, with more drivers we see more accidents. During the past five years, insurance companies have struggled to keep up with the surge in claims that barely break even with funds collected from our premium costs, especially considering the surge in uninsured motorists. This Republican-led effort aims to lower premiums
SEE DORAY P15
SEE TATE, P15
Don’t let arts endowment strike out ALCHEMY
Andrea Doray
A
pril is National Poetry Month. Thus, I paraphrase: “Oh, somewhere in this favoured land the sun is shining bright, / The band is playing somewhere, and somewhere hearts are light; / And somewhere men are laughing, and somewhere children shout, / But there is no joy in America—the NEA struck out.” Perhaps you recognize this selection I appropriated from Ernest Lawrence Thayer’s “Casey at the
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Littleton Independent (ISSN 1058-7837)(USPS 315-780) A legal newspaper of general circulation in Littleton, Colorado, the Littleton Independent is published weekly on Thursday by Colorado Community Media, 2550 S. Main St., Littleton, CO 80120 PERIODICALS POSTAGE PAID AT LITTLETON, COLORADO and additional mailing offices. POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210, Highlands Ranch, CO 80129
The Independent - The Herald 15
7April 13, 2017
SMITH FROM PAGE 14
You can still find them. When I was a college student, one of my drawing professors expected us to whittle our points, and then refine them on little wooden paddles that had small strips of sandpaper stapled to them. He thought the pencil sharpeners were far too aggressive, and that too much pencil was wasted. When I taught drawing, I had four electric pencil sharpeners stationed around the room. If it were not for the electric sharpeners, too much class time would have been spent pointing pencils. We rely on convenience, unless we’re cast away on an island like Tom Hanks. I did think about the little sandpaper paddles, however. Could I make my own sanding surface and sharpen a pencil that way — if I were stranded somewhere? I determined that I could. But I would need to have access to sand or
DORAY FROM PAGE 14
arts. The NEA is the only funder, public or private, that provides equal access to the arts in all 50 states, the District of Columbia, and U.S. territories, supporting performances, exhibitions, healing arts and arts education programs, festivals, and artist residencies. And the NEA is on the verge of striking out. Yes, I understand – and advocate for – the need to reduce the federal deficit, and yet the current White House budget proposal does not do that. And yes, I also understand that reducing the federal deficit means a reduction in spending … a reduction that causes the least harm and has the most impact. This budget doesn’t do that either. We will never, ever agree on what causes the least harm, but what has the most impact on budget reduction is pretty quantifiable. For example, funding for the National Endowment of the Arts is on the chopping block. Yet the National Endowment for the Arts’ 2016 appropriation of $148 million constitutes only .004 percent of the federal budget. Additionally, NEA grants provide a significant return on investment of federal dollars with $1 of NEA direct funding leveraging up to $9 in private and other public funds, resulting in $500 million in matching support in 2016. With only the $148 million annual budget, the NEA investments in the arts contributes to a $730 billion
grit and some glue. Any island that calls itself an island has sand. But I don’t know what I would do about the glue. I was never a Boy Scout. I have no survival skills. I have a refrigerator. However, I know that some glues are nature-based, and that sap is very sticky. I also know that starch is used in some adhesives, for corrugated board and wallpaper. My island might have a potato tree. Or I could loan the pencil to a gerbil. They gnaw, you know. Ultimately, I gave up on it, walked to the studio, and let my electric Panasonic take care of it. I sat down with my yellow, No. 2 pencil and looked at one across again. Seven-letter word. Clue: “Follow a winding road.” Meander. Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at craigmarshallsmith@comcast.net.
arts and culture economic industry, which includes 4.2 percent of the annual Gross Domestic Product, and supports 4.8 million jobs that yield a $26 billion trade surplus for the country. Colorado Creative Industries, the NEA’s arm in our state, reports that Colorado ranks first in the nation for percentage of residents who personally perform or create artworks, second for residents who attend films and visit historic buildings, neighborhoods and parks, and third in reading literature and in attendance for live music, theater or dance. So … what do we here in Colorado want the “Ballad of the Republic Sung in 2018” to be, 130 years after Casey took the bat? NEA staff cannot lobby or participate in efforts to influence Congress regarding appropriations, law, legislation, or policy. But we can. If we want to fight for the arts in our communities, we need to step up to the plate. All of us. Call or write Colorado’s Congressional delegation and tell them what the arts mean to Colorado, and to you. Tell them not to let the NEA strike out. Andrea Doray is a writer who reminds us that private funding will not sustain the arts. And, of U.S. charitable giving rural areas receive only 5.5 percent of all philanthropic dollars. NEA funding makes sure there is equitable distribution of funds, particularly for underserved communities, across the nation. Contact Andrea at a.doray@andreadoray.com for more information.
WE WANT TO HEAR FROM YOU If you would like to share your opinion, visit our website at www.coloradocommunitymedia.com or write a letter to the editor. Include your name, full address and the best telephone number to contact you. Send letters to letters@coloradocommunitymedia.com.
TATE FROM PAGE 14
by ensuring that injured parties are compensated rather than enriching trial lawyers, helping significantly lower the bottom line for drivers all over Colorado. By guarding against claims of phantom damages — when lawyers attempt to claim more in damage than what was actually suffered — blocking lawyers from unilaterally suing insurance companies without permission of policyholders who are not aware of the action, and lessening factors that contribute to the increase in claims, we can continue to make car insurance as affordable as possible in Colorado. We know insurance is a humdrum subject, but it is one that affects every Colorado family on a budget. That’s why Colorado Senate Republicans are focusing
on solutions, and working hard to lower your rates. We want to ensure that you spend less time worrying about budgeting for your high rates, and more time getting your family where you need to go. Fixing Colorado’s broken transportation system is one of our top priorities, from fixing your highways and bridges to lowering premiums, We, along with the entire Senate Republican caucus, have your back on Colorado’s roads. State Sen. Jack Tate represents Senate District 27, which encompasses parts of unincorporated Arapahoe County, the city of Centennial and the town of Foxfield. He is a Senate sponsor of SB 17-191, Market-Based Interest Rates on Judgments; SB 17-181, Collateral-Source Rule Evidence of Insurance; SB 17-182, Uninsured Motor Vehicle and Medical Coverage; and SB 17-204, Improper Denial of Property and Casualty Claims.
OBITUARIES Martin
Kenneth Dean Martin
Sep. 13, 1929 – Mar. 13, 2017
Dr. Kenneth Dean Martin passed away on Monday March 13, 2017. He was born on September 13, 1929 in Burlington, Iowa. He is survived by daughters Judie Eaton (her husband Mike) and Karen Martin, son Randy Martin (his wife Brooke), and step daughter Jennifer Merkel. He has 10 grandchildren and 17 great-grandchildren. Preceding him in death was his wife, Joyce, parents Leonard and Jessie (Siverly) Martin, brother Gaylord Kent Martin and sisters Helen Averill and Marjorie Bork. He graduated from West Waterloo High School in 1947, Iowa State Teachers College in 1951 with a BA degree and the State University of Iowa college of dentistry with a DDS in 1956. He proudly served in the Iowa National Guard for four years and then the U. S. Navy prior to beginning a private practice in Denver, CO. In addition to his practice of dentistry, he was a flight instructor, piano technician and tuner and a Realtor. He loved working and did not retire until 2011 to care for his wife Joyce. He married Joyce Roberts (Hoemig) October of 1980 and as a couple, enjoyed every moment of their life togethKASINGER, JR.
er. They agreed soon after marriage to do the traveling while they could enjoy it, so they did; Soviet Union, Europe, England, Scotland, Wales, the Caribbean, Mexico and Hawaii. Wow! While at home in Littleton, they took part in the festivities of the town - Western Welcome Week, Bega sister city activities and of course Fiasco. Ken served on many boards and commissions including the Littleton, CO City Council. His goal was always to do his best to improve any group he represented. Music was always a big part of his life. He was always in the church choir, sang with several chamber chorales and played trombone with many bands over the years. After being married to Joyce, they were always involved in being together in singing in groups and playing in the Sun City Pops Band together. To sum up his life, he was one who brought out the best in those he met and enjoyed every aspect of his life. He never tired of bragging about love of his children, grandchildren and greatgrandchildren. And they all loved him right back.
Thomas W. Kasinger, Jr. Dec. 22, 1960 – Apr. 5, 2017
57, of Parker, formerly of Littleton, Colorado, passed away unexpectedly on April 5, 2017. Private services to be held at a later date. The family suggests donations be made to charity of your
choice in memory of Thomas. See ponderosavalleyfunerals. com
Obituaries@ColoradoCommunityMedia.com
16 The Independent - The Herald
April 13, 2017A
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The Independent - The Herald 17
7April 13, 2017
Arapahoe County denies plan for Platte Canyon homes Proposed 40-unit duplex development does not receive zoning change BY KYLE HARDING KHARDING@COLORADOCOMMUNITYMEDIA.COM
On April 4, the Arapahoe County Board of Commissioners voted to deny a preliminary development plan and zoning change for a proposed housing development at the
southwest corner of Bowles Avenue and Platte Canyon Road. The plan, proposed by KB Home, would have allowed for 40 paired duplex homes on the 5.56-acre parcel, a density of 7.08 homes per acre, as opposed to the 2.18 homes per acre allowed under the current residential-2 zoning. The plan, dubbed Platte Canyon Villas, drew significant opposition from neighbors citing concerns about the density, the traffic and the effect on enrollment at Wilder Elementary School.
A higher-density 50-home development for the site was already denied last year. County staff recommended the revised application be approved, saying that it conforms to the comprehensive plan. Though the location is in unincorporated Arapahoe County, it is bordered by Littleton on three sides. Four members of the board voted in favor of District 1 Commissioner Kathleen Conti’s motion to deny the development plan, citing a “lack of compatibility with the surrounding
area.” District 3 Commissioner Jeff Baker said that although he understands objections to the development, he voted against Conti’s motion. “Property rights was what it came down to,” he said, noting that he also wanted to respect staff and the Planning Commission’s recommendations in favor of the project. “I understand there are lot of people who think this is incompatible with the area,” he said.
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18 The Independent - The Herald
The
LOCAL
Nurture of nature
Medicinal plants heal the mind, body and soul BY STEPHANIE MASON SMASON@COLORADOCOMMUNITYMEDIA.COM
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LIFE
April 13, 2017A
ith spring seedlings now popping through the soil, Colorado gardeners everywhere anticipate the growing season of flowers, vegetables and herbs, all of which can be used for a variety of health benefits, experts say. Plants are rich in minerals and vitamins that can greatly benefit an individual’s body, mind and
soul, said Dani Otteson, a community herbalist at Milkweed Herbarium in Littleton. “Medicinal herbs are very versatile,” Otteson said. “I think a lot of times in society we don’t think as much about what we can do to support our health. People think about what medicine they need when they are sick, but we need to take care of ourselves and support our wellness.” Community herbalists sell medicinal herbs to the public, but they are not to be confused with a medical professional, Otteson said. Before using a plant as medicine, it is always wise to talk to a medical professional about any SEE PLANTS, P19
For the mind Otteson started Milkweed Herbarium a year ago. At her business, she sells herbal teas and teaches classes. Otteson, a Littleton resident, primarily teaches people how to use medicinal plants, explaining how to blend teas, make syrups and create infused oils or honey. Since entering the world of medicinal plants, Otteson has experienced a positive change. “One of the biggest differences is that now I am more aware of how I feel,” Otteson said. “It has gotten me really used to checking in and figuring out why I don’t feel good and where don’t I feel good. At that point, I can find the best thing to help.” Her class on nurturing grief and broken hearts is Otteson’s favorite class to teach. She teaches people strategies for dealing with grief, such as prayer, exercise and writing. “There is no one thing that can be an answer, but there are a lot of different strategies I suggest people try,” Otteson said. She also demonstrates how to make teas that she says help with the grieving process. Otteson believes that minerals in certain teas can calm and nurture a person. She suggests people drink tea three to four times a day to benefit from minerals in the tea blend. “In general, minerals are one of the more difficult ingredients for people to get, especially in the standard American diet,” Otteson said. The teas Otteson blends are all inspired by different punk rock songs and albums. Otteson’s uplifting, mood-boosting tea blend, for example, is called “Rise Above,” named after a song by the punk band Black Flag. Otteson said that she creates teas for people dealing with sleep issues and stress. She said it is important to deal with any underlying issues with a psychologist, but she also suggests a soothing tea blend. Otteson’s most popular tea blend recommended for calming a mind is called “I Want to be Sedated,” named after a song by The Ramones. In that tea, she puts catnip, chamomile and passion flower. “Sleep and stress are two of the biggest challenges for people,” Otteson said. “The tea is calming; you can give it to kids, too.”
Dani Otteson, a community Herbalist and recently opened her business, Milkweed Herbarium, holds an unblended tea. S TEPHANIE MASON
For the body Dating back to ancient Egypt, the aloe plant has a long history of medicinal use, according to healthline.com. The plant is a common household succulent often used for sunburn relief. According to the website: • The plant contains active compounds that may reduce pain and inflammation and stimulate skin growth. Simply rubbing a small amount into a burn several times will help reduce pain and encourage healing. • The anti-inflammatory property of aloe, B-sisterole, can ease the pain and reduce the affects of rhumatoid arthritis by consuming two ounces of aloe up to three times a day. • The clear fluid in an aloe plant is 99 percent water. The other one percent is full of antimicrobial properties and contains vitamins C and E. This means that the non-greasy fluid can fight acne, reverse aging effects in skin and serve as a moisturizer. • Aloe vera extract is also a good substitute for chemical mouthwash. The vitamin C fights plaque and the aloe soothes sensitive, swollen or bleeding gums. Aloeplant.info, a website serving as a wellness resource to using aloe for health, suggests creating a honey and aloe face mask. The honey’s antibacterial abilities and aloe’s anti-inflammatory properties combined reduce redness, fight acne and moisturize the skin. To make the mask, combine one tablespoon of pure aloe vera gel and one tablespoon of raw, unpasteurized honey. Apply to the face, neck or back and leave it on for 20 minutes before rinsing the mask off with warm water.
For the soul Rachel Sorrell, owner of Sorrell’s Healing Arts in Evergreen, studied the Mayan approach to medicinal plants in Guatemala. “I think there is a lot out there that is about fitness and lifestyle, but a lot of the time people forget about self-care,” Sorrell said. Sorrell works with cacao, which she said is the purest form of chocolate. She mixes two tablespoons of cacao powder in hot water with chili powder and cinnamon — the same way the Mayans consumed the plant. “In cacao, there are three main ingredients that allow a really beautiful thing to happen within a person,” Sorrell said. “The scientific name for cacao is theobroma. It translates to `food of the gods.’ ” The first ingredient in cacao is theobromine, which is similar to caffeine. Theobromine boosts energy and focus but has less of a “crash” than caffeine, Sorrell said. The second ingredient in cacao is anandamide, or the “bliss chemical.” “As humans, we naturally release anandamide when we are feeling pure joy or pure bliss,” Sorrell said. The third ingredient, phenethylamine, is known as the love chemical. Sorrell said it is naturally produced in the human brain when falling in love. “These three chemicals together allow people to enter a higher state of consciousness,” Sorrell said. “Cacao is a facilitator that works within a person’s body to reach a higher state of feeling bliss, love and focus.” Sorrell leads cacao meditations, in which clients consume a cacao beverage with four to six tablespoons of cacao, more than Sorrell’s recommendation of two tablespoons. After drinking the cacao drink, the meditation starts with some movement and ends in a sitting meditation. “When people cry, it makes me so happy,” Sorrell said. “It is not that I like to see people cry, it is just very moving. I can see people work through things with the help of cacao.”
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7April 13, 2017
H LINER NOTES
Clarke Reader
All things must pass — another record store gone
ave you ever driven by a house you once lived in, perhaps a childhood home, and wanted to stop in and see how things are different? I had the opportunity to do this every time I stepped into the Angelo’s CDs and More in Wheat Ridge. I worked in the store through college, and before that my mother owned the Budget Tapes and CDs at that same location for more than 20 years. But now, after decades of businesses in the Applewood shopping center, the store is closing at the end of April. I got the bad news during a recent Saturday visit to the store, and it knocked the wind out of me. It was like hearing the house you grew up in was going to be bulldozed. Like Joni Mitchell once wrote, “They paved paradise and put up a parking lot.” According to a handout given to shoppers, the store is closing because of an increase in rent prices in the shopping center, as well as required upgrades to the property that Angelo’s would have to pay for. Instead, the location is having a big closing sale all month, and employees will be going to the East Colfax and South Broadway locations. With its closing, west Jefferson County loses its only significant independent music store. On West Colfax there is Chain Reaction records, which focuses on metal and punk albums, and on Wadsworth in Arvada there is Black and Read, but that store doesn’t just do music — it also sells books, games and movies. If you want to
PLANTS FROM PAGE 18
health problems and the intended use of a plant to ensure safety. “If you have a broken arm, you should definitely go to the hospital,” Otteson said. “There are so many ways herbs can support us in our lives, whether it is health challenges or every-day wellness. What it comes down to is people finding help that resonates with them and that they feel comfortable with.”
peruse the latest vinyl releases, check out local artists and get a new CD for your car, the options are now big box stores like Best Buy, Target and Barnes and Noble, or heading to downtown Denver. In 2015, Colin Hanks (Tom Hank’s son) made a fantastic documentary called “All Things Must Pass,” about the rise and fall of the Tower Records chain. The film is overflowing with interviews with former Tower employees, and music luminaries like Bruce Springsteen, Dave Grohl, Elton John and David Geffen. I’ve been thinking a lot lately about some of the things these people discussed since I found out the Wheat Ridge Angelo’s closing. The shuttering of Tower, and other independent music shops, has been a slow but steady process since the advent of online shopping sites like Amazon, and digital music retailers like iTunes, Spotify and Pandora. “How do you compete with that?” Geffen said in one of the film’s interviews. “You know, if you could get Coca-Cola for free from your faucet, you wouldn’t buy a bottle of Coca-Cola.” I completely understand how the ease, accessibility and affordability makes these kinds of services appealing and, of course, I use them, just like everyone else. But I still go to the record store when I find something I love and need a physical copy of, or when I want recommendations. Because even with all the algorithms and recommendations based on previous search histories, you can’t replace the people who truly, truly love music and want to share it with their customers.
Barbara Marshall, a resident of unincorporated Douglas County, said she believes natural medicine is better received by a body. Marshall said that her daughter, who is a nurse, recently had twins and uses a tea to help her body produce enough milk for her infants. “I believe using plants are safer because typically organic and natural items are used,” Marshall said. “Because they are natural items and they are not manufactured in a lab, your body is going to absorb them better.”
Dani Otteson, a community herbalist who recently opened her business, Milkweed Herbarium, poses with a milkweed plant, a plant that Otteson has a deep connection with. STEPHANIE MASON
“Those people knew their stuff. They were really on their ball. I mean, they just weren’t employees and they happened to work at music stores. They were devoted to music,” John said in the film. “It was inviting. It was like going to your favorite café.” For years, I was one of those people, and I learned so much about music from the people I worked with and customers I helped. If it really is the little things in life that matter, it’s difficult to top the joy that comes with discovering a new song, album or band that moves you. There’s nothing quite like it. As Mitchell wrote in the aforementioned song, “You don’t know what you’ve got ‘til it’s gone,” so be sure to celebrate and patronize businesses who provide these kinds of personal services while they’re around. There aren’t many music stores left, and believe me, we need them. But don’t take it from me — The Boss knows you should, too. “You know, everybody in a record store is a little bit of your friend for 20 minutes or so,” Springsteen said in the documentary. “There was that family aspect of a real record store.” Clarke Reader’s column on how music connects to our lives appears every other week. A community editor with Colorado Community Media, he will miss the Wheat Ridge Angelo’s terribly. Check out his music blog at calmacil20.blogspot.com. And share why record stores are important to you at creader@coloradocommunitymedia. com.
20 The Independent - The Herald
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April 13, 2017A
Wonderbound, Flobots join forces to examine struggles
onderbound Dance Company has collaborated with The Flobots, using music from a May album release, to create a production SONYA’S called “Divisions,” SAMPLER which explores in music and dance our evolving struggles between personal identity, community and collective power. April 22-23, PACE Center, 20000 Pikes Peak Ave., Parker; April 29-30, Newman Center, University of Sonya Ellingboe Denver, 2344 E. Iliff Ave. Tickets: parkerarts.org; newmancenterpresents.com.
Makah Indians Dr. Joshua Reid, author of “The Sea is My Country: The Maritime World of the Makahs” will speak about the Indian tribe of northwestern Washington state at 4 p.m. April 22 at Buck Recreation Center, 2004 W. Powers Ave., Littleton, as part of the Tesoro lecture series. Free, but reservations are requested: 303-347-5999.
`Colossal Classics’ The Littleton Symphony performs at 7:30 p.m. April 14 at Littleton United Methodist Church, 5894 S. Datura St., Littleton. Saint-Saens’ Symphony No. 3, “The Organ Symphony,” will feature organist Rick Seaton. Littletonsymphony.org.
Spring Pottery Sale The Arapahoe Community College Clay Club will hold its Spring Pottery Sale on April 20 (1 p.m. to 8 p.m.), 21 (9 a.m. to 8 p.m.), and 22 (9 a.m. to 3 p.m.) in the Colorado Gallery of the Arts, in the Annex Building, east side of the Littleton Main
Eye of the Camera winners Chuck Rasco, Jim Sidinger and Steve Hirsch, Best of Show winners in the 2016 Eye of the Camera Exhibit, will present a joint show of their works from April 21 to May 28 at the Littleton Museum, 6028 S. Gallup St., Littleton. Open during museum hours. Admission is free. 303-795-3950.
Campus, 5900 S. Santa Fe Drive, Littleton. Reception April 21, 5-6 p.m. Order of the Indian Wars The Annual Denver Indian Wars Symposium will be held from 9:30 a.m. to 5 p.m. on May 13 at the Colorado National Guard Headquarters Auditorium, 6868 S. Revere Parkway, Centennial. Five speakers, coffee and doughnuts, full buffet lunch with authors and booksellers. Send check for $35 to OIW, P.O. Box 1650, Johnstown, CO 80534. Information, and author or bookseller arrangements, Mike Koury, 970-420-8193. Artists invited The Third Annual Littleton Plein Air Festival will be held May 31 to June 2. Registration will be limited to 50 artists (by May 12). Juror and demo: Don Sahli. Resulting pieces will be exhibited at Littleton’s Depot Art Gallery June 2 to 18. Depotartgallery.org. Hudson Gardens Concerts at Littleton’s Hudson Gardens were to be announced on
April 10 and will appear on the venue’s website at hudsongardens.org. We didn’t have the listing at press time. In other news from Hudson Gardens: Concert company picnics will be available. Volunteers are sought for gardening and hosting. Construction is starting on the anticipated connection with the Mary Carter Trail. Nixon’s Coffee House will again operate the snack bar, starting soon. The Model Railroad will move near the Welcome Center and Gift Shop. Vikings “Vikings: Beyond the Legend” is open at the Denver Museum of Nature & Science, 2001 Colorado Blvd., Denver through Aug. 13. Ticket prices vary, with the most expensive being $25.95 for non-member adults, and can be purchased at dmns.org/ tickets/Vikings; 303-370-6000. Magic show “Six Amazing Magicians” is the show set for April 14-15 at Theatre of Dreams, 735 Park St., Castle Rock. 303-660-6799, AmazingShows.com
Science behind a story comes alive at conference Annual storytellers conference takes place April 21-23 in Golden BY CHRISTY STEADMAN CSTEADMAN@COLORADOCOMMUNITYMEDIA.COM
Storytelling is the oldest form of communication. “Everyone wants to know how to tell a good story, because stories are what we remember,” said Kate Lutz, board member of Rocky Mountain Storytelling. “And a well-told story will leave a listener wanting more and more.” Rocky Mountain Storytelling, a nonprofit organization, is bringing its annual conference to Golden April 21-23 at the American Mountaineering Center, 710 10th St.
The conference will attract about 100 people, Lutz said, and will offer each person something they will enjoy — from folk tales to personal stories. “Some will be serious, and some will be playful,” Lutz said. “And some will be a combination of the two.” The conference dates back to the 1970s when a college professor started it at Auraria Campus in Denver. It has been at the American Mountaineering Center for about five years, Lutz said. This year, the conference will host workshops, a storytelling concert, keynote addresses and a storytelling slam. The event is family-friendly, but it is recommended that children are at least 10 years of age, as the event is geared to provide a fun storytelling experience for adults. The general public will especially enjoy the Friday night storytelling concert and Saturday night’s story slam, Lutz said.
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Matthew Taylor, a storyteller, actor, teacher and author, will be telling stories, teaching a workshop and delivering a keynote speech at this year’s Rocky Mountain Storytelling convention. COURTESY PHOTO
The story slam on Saturday night is themed “Once Upon a time…,” and everybody is welcome to participate, Lutz said. Friday night’s storytelling concert
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Rocky Mountain Storytelling’s annual conference is in Golden April 21-23 at the American Mountaineering Center, 710 10th St. Tickets can be purchased separately to attend any or all of the conference’s events — Friday night Storytelling Concert, $10; Saturday all-day conference, $70-$90 per person; Saturday night Story Slam, $10; and/or a Sunday Master Class, $60 each. To learn more or purchase tickets, visit www. rmstory.org.
will feature Janice Del Negro, a storyteller and author known for traditional folk and fairy tales; and Matthew Taylor, a storyteller, actor, teacher and author who does mostly personal narrative. “I love the science behind stories — how they work and why they work,” Taylor said. “It’s how we connect as humans.”
The Independent - The Herald 21
7April 13, 2017
CURTAIN TIME Children’s theater “Peter and the Wolf,” adapted and directed by Rory Pierce, will be on stage at Miners Alley Playhouse, 1224 Washington Ave., Golden, at 11 a.m. and 1 p.m. on April 22 and 29. It is inspired by Prokofiev’s famous orchestral work. Tickets, $10: minersalley. com, or phone 303-935-3044. Song and dance “42nd Street” by Michael Stewart, with music and lyrics by Harry Warren and Al Dubin, plays through June 4 at Candlelight Dinner Playhouse, 4747 Marketplace Drive, Johnstown (I-25 to exit 254, just south of historic Johnson’s Corner). Shows Thursdays, Fridays, Saturdays, Sundays, preceded by dinner. See ColoradoCandlelight. com for times and ticket prices, or call 970-744-3747. Regional premiere “Priscilla, Queen of the Desert,” with book by Stephen Elliott and Allan Scott, plays April 21 to May
28 at the Aurora Fox, 9900 E. Colfax Ave., Aurora. Two drag queens and a transgender woman travel in the Australian Outback. Tickets start at $26, 303-739-1970, aurorafoxartscenter.org Don’t cry for me … “Evita” by Andrew Lloyd Webber and Tim Rice plays through April 29 at the Lone Tree Arts Center, 10075 Commons St., Lone Tree. A musical story of Argentina’s legendary first lady, Eva Peron, directed by Gina Rattan. Tickets: 720-509-1000, LoneTreeArtsCenter.org. Search for roots “The Intelligent Design of Jenny Chow” by Rolin Jones plays through May 21 at Vintage Theatre, 1468 Dayton St., Aurora. Mark Pergola directs a story of a female genius who searches for her Chinese birth family. Performances: 7:30 p.m. Fridays, Saturdays; 2:30 p.m. Sundays (no show April 16). Tickets: $24-$30, vintagetheatre.com, 303-856-7830.
22 The Independent - The Herald
April 13, 2017A
Three plays have strong ties to place Littleton, Denver productions take audiences along for interesting rides
Ryan Buehler plays Jamie, the Robber Bridegroom, and Rebekah Ortiz is Rosamund, his intended bride, in “The Robber Bridegroom,” a bluegrass-flavored musical at Town Hall Arts Center through April 30. COURTESY PHOTO
BY SONYA ELLINGBOE SELLINGBOE@COLORADOCOMMUNITYMEDIA.COM
Some plays say “could be anywhere” in their introductions, but our trio of the week all were clearly tied to a specific and unique locale. • Eudora Welty’s novella was the inspiration for Town Hall Arts Center’s “The Robber Bridegroom,” a raucous musical by Alfred Uhry and Robert Waldman, backed by a live bluegrass band that’s center stage. Ryan Buehler plays the likable but crafty robber, Jamie Lockhart, who says, “I steal with style!” He tries to lure Rosamund
(Beckah Ortiz), daughter of the richest local planter, Clement (T.J. Hogle), into a marriage. Along the way, we meet Clement’s wife, Evil Stepmother Salome (Steph Holmbo in an area debut), who even comes up with a poisoned apple, as
well as assorted nasty plots involving elimination of Rosamund. Ryan Heidenreich is her bouncy sidekick, Goat. (These two are supposed to be goofy, but I felt that they overplayed their parts in a deliberately chaotic setting.)
IF YOU GO “THE ROBBER BRIDEGROOM” plays through April 30 at Town Hall Arts Center, 2450 W. Main St., Littleton. 303-794-2787, ext 5; townhallartscenter.org. “THE NETHER” plays through April 23 at Buntport Theater, 717 Lipan St., Denver. Benchmarktheatre.com. “BABY DANCE” plays through April 23 at Mizel arts and Culture Center, 350 S. Dahlia St., Denver. 303-800-6578; maccjcc.org. Also on the scene: Big Harp and Little Harp and a cranky talking head in a box. Mistaken identity is often included in the formula for a comic storyline and the scene becomes SEE PLAYS, P47
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* Loans subject to credit approval. Terms and conditions apply. Offer applies to new home equity line of credit applications taken between March 6, 2017 and June 2, 2017. Loan must close by July 31, 2017. Minimum line amount is $5,000. Annual fee is $75 after first year. Checks written for less than $250 are subject to a fee of $15. Collateral must be owner-occupied single family residential property, a secondary residence, or vacation property. Property insurance required. Investment properties are not eligible. Offer subject to change any time. Advertised APRs are current as of 03/16/17. APRs are subject to change without notice. The advertised 1.99% introductory APR is fixed for the first nine billing cycles. After the introductory period, variable APR of 4.49% - 4.99% based on credit-worthiness and other factors. Post introductory variable APR is based on the Wall Street Journal Prime Rate (4.00% as of 03/16/17) plus a margin. The minimum variable APR will not be lower than 4.00% and the maximum APR will not exceed 21%. The advertised post introductory period APR reflects the variable rate of 4.00% + .49% up to 4.00% +.99% depending on a customers current credit score and a first lien position. Post introductory APRs for lines with a second lien position will be .25% higher. $99.00 in origination fees and closing costs is a flat fee for loans less than $250,000. For loan transactions $250,000 to $500,000, the client is responsible for all closing fees except the origination fee. For transactions that exceed $500,000, the client is responsible for all closing costs and the origination fee. Origination fees and closing costs may range from $325-$3,600 depending on line amount and other factors. Other terms and conditions apply. Other rates and terms are available. Contact bank for details. A division of ZB, N.A. Member FDIC Equal Housing Lender / NMLS#467014
The Independent - The Herald 23
7April 13, 2017
EE W W aster aster
orship orship
APRIL 9:
8:00,9:30,11:00am
PALM SUNDAY APRIL 9:
12:30-2:30pm
EASTER FUN DAY APRIL 13:
7:00pm
MAUNDY THURSDAY SERVICE OF COMMUNION APRIL 14:
7:00pm
St. Luke’s
United Methodist Church
8817 S. Broadway, Highlands Ranch 80129 303-791-0659
stlukeshr.com
GOOD FRIDAY SERVICE OF DARKNESS APRIL 16:
6:00, 8:00, 9:30,11:00am
EASTER
Tapestry United Methodist Church Easter Service at 9:30am JOIN US AT OUR LOCATION AT CU SOUTH DENVER 10035 Peoria Street
All are welcome!
SERVICES
Holy Week and Easter At Christ Lutheran Church
Come and experience the joy of Easter at CLC! Nursery Care will be available at all services! Palm Sunday, April 9th 8:00am, 9:30am, and 11:00am - Palm Sunday Services Palm Sunday Breakfast 8:30am - 11:00am Maundy Thursday, April 13th 7:00pm Service featuring Hand-Washing Ceremony & First Communion Celebration Good Friday, April 14th 12:00pm - Good Friday Service 7:00pm - Good Friday Cantata featuring Celebration Choir & Orchestra Saturday, April 15th 5:00pm - Traditional Easter service featuring the Carillon Ringers
Tapestry United Methodist Church on Facebook | www.tapestryumc.org
Risen! HE IS
COME CELEBRATE EASTER WITH US!
WE OFFER EASTER EVE SERVICE
Saturday, April 15th at 5 p.m. EASTER SUNDAY MORNING
April 16th at 8, 9:30 and 11 Parker United Methodist Church
Easter Sunday, April 16th 7:30am & 8:30am - Traditional services featuring the Celebration Choir 10:00am & 11:30am - Contemporary services featuring Crossroads Band
Christ Lutheran Church
11805 S. Pine Dr. - 303.841.3979 • www.parkerumc.org
8997 S Broadway | Highlands Ranch www.clchr.org | 303-791-0803
Download the Parker UMC App !
24 The Independent - The Herald
EA ST ER
April 13, 2017A
Holy Week Worship Opportunities
SATURDAY, APRIL 15
Hope is Alive!
5 and 7 p.m.
SUNDAY, APRIL 16
Maundy Thursday
8 a.m., 10 a.m. and 12 p.m.
04/13 at 7:00 p.m.
CHCC.ORG/EASTER
9770 Foothills Canyon Boulevard Highlands Ranch, CO 80129 303-683-1300 www.hclchr.org
Easter Saturday Egg Hunt 04/15 at 10:00 a.m.
Resurrection Celebration @ 8:00 a.m., 9:30 a.m. & 10:45 a.m.
Rev. Bruce Skelton, Pastor
Thursday April 13 11:30 a.m. Maundy Thursday Communion Worship Service 7:00 p.m. Maundy Thursday Communion Worship Service with Stripping of the Altar Friday April 14 11:30 a.m. Good Friday Worship Service 7:00 p.m. Good Friday Tenebrae Service Sunday April 16 8:00 a.m. Easter Communion Worship Service Continental Breakfast served between services 10:30 a.m. Easter Communion Worship Service
TRINITY LUTHERAN CHURCH & SCHOOL
4740 N Hwy 83, Franktown, CO • (303) 841-4660 • www.tlcas.org
6485 Ponderosa Dr. Parker CO 303-941-0668 6485 Ponderosa Dr 80138 Parker• CO 80138 Pastor David Fisher 303-941-0668
Pastor David Fisher Sunday Morning Services Fellowship & Worship 9:00am Sunday Morning Services Education Hour 11:00am
Fellowship & Worship 9:00 am Good FridayHour Service Education 11:00 am
Easter Sunday Service 16 9:30 am
(with Redeemer Presbyterian) April 11661 Pine Drive is Parker Easter Sunday Service AprilCO 1680138 9:30am April 14, 7:00 pm
He is risen! www.SpiritofHopeLCMC.org
www.SpiritofHopeLCMC.org
04/14 at 7:00 p.m.
Easter Sunday Worship 04/16 at 6:30 a.m.
Holy Cross Lutheran Church, LCMS
(with Redeemer Presbyterian) 11661 Pine Dr. Parker 80138 Good FridayCO Service April 14, 7:00pm
Good Friday
He is risen!
The Independent - The Herald 25
7April 13, 2017
Holy Week Services
Maundy Thursday, April 13th, 7:00pm Good Friday, April 14th, 7:00pm Easter Vigil, Saturday, April 15th, 5:00pm Easter Sunday, April 16th 8:00am, 9:30am and 11:00am. 550 E Wolfensberger Rd, Castle Rock, CO
303.688.4435
www.epiphanylc.org
NEW BUILDING!
Grace Lutheran Church of Parker-LCMS invites you to visit our new sanctuary. Come worship with us.
Easter Sunday Resurrection Worship 8am &10:30am
Breakfast and Egg Hunt (K-6) 9:15am
Grace Lutheran Church (LCMS) 11135 Newlin Gulch Blvd. Parker, CO 80138 (in front of Lutheran High) 303.840.5493 pastor@glcparker.org | www.glcparker.org
April 16, 2017 9:00 & 10:30 am God’s Grace Community Church www.GodsGraceCC.com Rock Canyon High School 5810 McArthur Ranch Rd Highlands Ranch, CO
Pastor David J. Jensen Nursery Care Provided
26 The Independent - The Herald
April 13, 2017A
...”He has risen, just as He said”... Matthew 28:6 Compass Christian Fellowship 12250 N. Pine Drive, Parker, CO 80138
303 895-0904
Mailing Address: 10940 S. Parker Rd. #611, Parker, CO 80134 • Contact mike.bennett@ compasschristian.org for information.
Come spend your Easter with us this year as we celebrate the Risen Savior.
Lead Pastor Mike Spivey • 7 Years Professional Football Career (1977-1984) • Chaplain University of COLORADO Football, 15 years (1996 – 2010) • Chaplain DENVER BRONCOS 2 years (2009-2010)
Associate/Youth Pastor Mike Bennett • 15 year involvement in ministry • Servant leadership, evangelism, discipleship training, substance abuse awareness, and youth ministries.
Luke 24:2-3 “And they found the stone rolled away from the tomb, but when they went in they did not find the body of the Lord Jesus.” Where did the body go? What does it mean to me? Is He really the Son of God? Why does this matter?
Join us at Compass Christian Fellowship this Resurrection Sunday, April the 16th, 2017 at 10:30am. Children’s programming available for all kids from birth through 6th grade.
www.compasschristian.org
JOIN US FOR OUR EASTER WORSHIP SERVICES
The Independent - The Herald 27
7April 13, 2017
Where Wall Street Knowledge Meets Main Street Values...
Gabrielle Sherry Vice President, Todd Lang Partner, Bruce Lang Partner, Drew Lang Partner, Jill Swank Senior Registered Administrative Associate Drew Lang, Partner, of Lang Investment Group, associated with Wells Fargo Advisors Financial Network, LLC, in Littleton, Colorado was ranked among Barron’s Top Financial Advisors for 2017, as announced in the weekly magazine’s March 6th issue ranking 9th in the state of Colorado. The Lang Investment Group is located in the heart of Littleton on Main Street serving the Rocky Mountain Region for the past 40 plus years.
The Lang Investment Group is a full service financial services firm accepting new clients on a case by case basis. For a free complimentary review and to see how we might be able to help you, please contact us to arrange a meeting.
720-638-7777
www.LangIG.com
The rankings are based on data provided by thousands of advisors. Factors included in the rankings were assets under management, revenue produced for the firm, regulatory record and quality of practice. Investment performance isn’t an explicit component
Investment Products and services are offered through Wells Fargo Advisors Financial Network, LLC (WFAFN) Member SIPC. Lang Investment Group is a separate entity from WFAFN.
Family Owned, Family Run • Colorado Company for Coloradans • 31 Years and Running • Award Winning • Residential and Commercial • Dedicated Friendly Staff
Calm After The Storm™ • No Creepy Door Knockers • Manufacturer Preferred • Insurance Preferred • Free Estimates • Claim Experts
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28 The Independent - The Herald
THINGS to DO
THEATER
‘The Robber Bridegroom’: 7:30 p.m. Thursdays, Fridays and Saturdays, and 2 p.m. Sundays, through Sunday, April 30, with an additional show at 2 p.m. Saturday, April 15, at Town Hall Arts Center, 2450 W. Main St., Littleton. The musical follows a rascally robber of the woods as he courts the only daughter of the richest planter in the country. The proceedings go awry, however, thanks to a case of double-mistaken identity. Tickets available at the box office, by calling 303-794-2787 or online at townhallartscenter.org/robberbridegroom. ‘Don Quixote’: 2 p.m. and 7 p.m. Saturday, April 22 at the Performing Arts Complex at Pinnacle Charter School, 1001 W. 84th Ave., Federal Heights. Presented by Denver Ballet Theatre, Centennial. Go to www.denverballettheatreacademy.com for tickets and information.
ART
Animation Show of Shows: through April 14 at the Alamo Drafthouse Cinema, 7301 S. Santa Fe Drive, Unit 850, Littleton. Featuring 17 new animated shorts from 11 countries. Tickets available at https://drafthouse.com/ denver/tickets/the-18th-annualanimation-show-of-shows/ tickets/0401_55741. Go to www. animationshowofshows.org Explore the Art of Mehndi: 5:30 p.m. Monday, April 17 at the Castle Pines Library, 360 Village Square Lane. Hands-on tips and techniques for adorning your skin with henna. All age. Registration required; call 303-791-7323 or go to www.DCL.org. Art Works with Clyfford Still: 6 p.m. Tuesday, April 18, at the Parker Library, 20105 E. Mainstreet. Learn about the artist behind the Clyfford Still Museum and create your own masterpiece in a professionally guided workshop. For adults. Registration required; call 303-791-7323 or go to www.DCL. org. Cultural Arts Fair: 10 a.m. to 2 p.m. Saturday, April 22 at the Lone Tree Library, 10055 Library Way. Discover diverse music, art, and globally inspired street food (for purchase). All ages. Registration required; call 303-791-7323 or go to www.DCL.org.
April 13, 2017A
this week’s TOP FIVE Magic Show Benefits Heart Association: 7:30 p.m. Saturday, April 15 at Theatre of Dreams, 735 Park St., Castle Rock. Six magicians plus a special surprise guest. Sleight of hand, mind reading, close-up magic, comedy magic and more. Family friendly. Call 303-6606799 or go to http://Tickets.AmazingShows.com for tickets and information. Cravings, Weight Gain and the Blood Sugar Rollercoaster: 10-11 a.m. Saturday, April 15 at the PACE Center, 20000 Pikes Peak Ave., Parker. Learn how nutrient dense-meals support healthy metabolism and which nutrient supplements support healthy blood sugar levels and appetite control. Call 303-805-6800 or go to www. parkerartscenter.com. West of the Blues Band: 2-3 p.m. Saturday, April 15, at Bemis Public Library, 6014 S. Datura St., Littleton. Band members from the Littleton area include Cameron Craig, music teacher; Thomas Curry, retired judge; Terry Schmitt, business owner;
EVENTS
Thrive Church Easter Worship, Egg Hunts: 3 p.m. and 5:30 p.m. Saturday, April 15, and 9 a.m., 11:30 a.m. and 2 p.m. Sunday, April 16, at Parker Performing Arts School, 15035 Compark Blvd., Parker. Egg hunts are open to children in fifth grade and younger. Event also features bounce houses, video games and more. Adults will enjoy free Starbucks coffee and doughnuts. Go to www.thrivechurch.com/ easter-at-thrive. Birding Insights Workshops: 1-4 p.m. Saturday, April 15 (Backyard Bird Feeding in Spring and Summer); and Saturday, May 13, time TBD (Spring Migration), at Audubon Nature Center, 11280 S. Waterton Road, Littleton. Register at http:// www.denveraudubon.org/event/. Workshops give adults and teens birding knowledge and tips, including techniques for identification, food preferences, life cycle and more. Family Tree Maker Software: 9:3011:30 a.m. Tuesday, April 18, at Lutheran Church of the Holy Spirit, 6400 S. University Blvd., Centennial. Professional genealogist Deena Coutant presents the final part of a three-part series on this genealogy software program. No registration required. Contact Bob Jenkins, president,
and Phil Cortese, former City of Littleton employee. Band will play old favorites and some new blues tunes. Call 303-795-3961. Identifying Old Photos: 1-3 p.m. Tuesday, April 18, at Lutheran Church of the Holy Spirit, 6400 S. University Blvd., Centennial. Kirsten Canfield, multimedia librarian for Arapahoe Libraries, provides tips on searching for clues that could help date an image or identify the people or locale. Contact Bob Jenkins, president, at ColumbineGenealogy@gmail.com. Go to www.ColumbineGenealogy.com. Shakesfest 2017: 7 p.m. Tuesday to Saturday, April 18-22 and 1 p.m. April 22 at Castle View High School. Castle View Theatre Company will perform “Much Ado About Nothing” and “William Shakespeare’s Star Wars.” Shakesfest hopes to promotoe Shakespeare in the community while providing high quality theater. Tickets available at ShowTix4u.com.
at ColumbineGenealogy@gmail. com. Go to www.ColumbineGenealogy.com. Shrubs and Trees of Colorado: 11 a.m. Saturday, April 22 at the James H. LaRue Library, 9292 Ridgeline Blvd., Highlands Ranch. Get expert tips from a master gardener on selecting the best shrubs for your yard and caring for them. All ages. Registration required; call 303-791-7323 or go to www. DCL.org. Douglas County Democrats Spring Gala, Auction: 6-10 p.m. Saturday, April 22 at Lone Tree Golf Club, 9808 Sunningdale Blvd., Lone Tree. Newly elected Denver District Attorney Beth McCann is the keynote speaker. Call 720-509-9048 or go to www. DouglasDemocrats.org. Celebrating Pollinators All Around Us: 12:30-3:30 p.m. Saturday, April 22 at Curtis Center for the Arts, 2349 E. Orchard Road, Greenwood Village. Presented by SoSu Artists Collective. Program for ages 14 and older. Learn about honeybees, their habitat and habits, and learn what to plant in your gardens to attract honeybees and other pollinators. Local honey will be available to taste. Register at www.greenwoodvillage.com/registration or call 303-7997-1779.
Plant-A-Seed Workshop for Kids: 1-3 p.m. Saturday, April 22, the Philip S. Miller Library, 100 S. Wilcox St., Castle Rock. Kids ages 8-11 will learn how to plant seeds and care for their plants. Space is limited; register at GrowInDoug. com. Program presented by the Douglas County Conservation District.
Let Your Garden Grow: 10 a.m. to 2 p.m. Saturday, April 22 at Centennial Center Park, 13050 E. Peakview Ave., Centennial. Centennial’s Earth Day celebration features events appealing to gardeners of all ages and skill levels. Plant sale benefits Project C.U.R.E. Paint watercolor paintings on plantable seed paper Help the Centennial Youth Commission plant wildflowers on the butte at the park. Go to the Things to Do tab at http:// www.centennialco.gov/ White Elephant Bingo: 3 p.m. Monday, April 24 at Cantril House, 221 Cantril St., Parker. Bring small trinket or funny item worth $5 or less for the prize pot. Light refreshments served. Space is limited; call 303-482-5552 for information or to RSVP.
Lost Department Stores of Denver: 2 p.m. Monday, April 24 at Bemis Public Library, 6014 S. Datura St., Littleton. local author and historian Mark Barnhouse shares stories and photos of Denver’s long-gone department stores. After the presentation, the audience will share memories of favorite stores no laonger in existence. Copies of Barnhouse’s book, “The Denver Dry Goods: Where Colorado Shopped with Confidence,” will be available for purchase and signing. Call 303795-3961. Red Hat Luncheon: noon Tuesday, April 25 at Cantril House, 221 Cantril St., Parker. Guests wear festive red headgear. Dave Hidalgo performs. The Red Hat Society connects like-minded women, introduces new friends and enriches lives through the power of fun and friendship. Space is limited; call 303-482-5552 for information or to RSVP. Garden Spruce Up Event: 9 a.m. Wednesday, April 26 at Valley House, 255 S. Valley Drive, Castle Rock. Volunteer event a great opportunity to get some exercise while helping local seniors. Bring your own rake and help spruce up the grounds of the assisted living center. Light refreshments will be served to volunteer. Call 303-482-5552 for information or to RSVP. Broken Tee Women’s 18-Hole Saturday Golf Club: play on Saturday mornings; season starts in April. Broken Tee Golf Course is at 2101 W. Oxford Ave., Englewood. Good for working women and mothers. Contact BTWSGC@ aol.com ROAD CarFit for Seniors: 10:30 a.m. to 12:30 p.m. the first Wednesday of each month through September, at Dahlia Campus for Health and Wellbeing, 3401 Eudora St., Denver. 10:30 a.m. to 12:30 p.m. the second Wednesday of each month through September, at AAA-Colorado Southglenn, 700 S. University Blvd., Centennial. Presented by the Reaching Older Adults Program, the 20-minute checkup is free but registration is requested. Call 303-991-5740 for an appointment.
HEALTH
St. Andrew United Methodist Church Blood Drive: 1-5 p.m. Friday, April 14 inside the Gathering Space at 9203 S. University Blvd., Highlands Ranch. Contact Charles Green at 720-287-0121 or go to bonfils.org.
SEE CALENDAR, P36
The Independent - The Herald 29
7April 13, 2017
‘United in Love’ concert to aid Denver Actors Fund IF YOU GO
BY SONYA ELLINGBOE SELLINGBOE@COLORADOCOMMUNITYMEDIA.COM
“These stars are returning to their roots to support the theater community from which they came,” said Eugene Ebner, who conceived an April 30 concert, “United in Love,” with actor Paul Page, of Ebner-Page Productions. “They are examples to all of us for fulfilling their dreams while inspiring and encouraging others.” The concert will be a benefit for the Denver Actors Fund, which was founded in 2013. The fund has provided aid for members of the area theatre community with situational medical need.
“United in Love” will be presented at 7:30 p.m. April 30 at the Lone Tree Arts Center, 10075 Commons St., Lone Tree. Tickets cost $39/$59. Also, 100 audience members will, for an additional $25, be invited to mingle with the cast at a post-show reception. Lonetreeartscenter.org, 720-509-1000. Ebner was speaking of Annaleigh Ashford, a Wheat Ridge High School graduate, who is getting rave reviews for her Broadway performance with Jake Gyllenhaal in “Sunday in the Park With George.” She will enjoy a return engagement with Eaglecrest High School gradu-
ate Andy Kelso, who costarred with Ashford in “Kinky Boots.” Mary Louise Lee, longtime area performer and Denver first lady, will appear as will Broadway’s Jodie Langel, and local composer Denise Gentilli, singers Daniel Langhoff, Sarah Rex, Jeremy Rill, Kirsten and Willow Samu, Eugene Ebner, Randy St. Pierre, Paul Dwyer, Robert Johnson, Thaddeus Valdez, Randy St. Pierre, Clarissa Fugazzoto, Becca Fletcher, Jimmy Bruenger — and more to be announced. The Denver Actors Fund, started by former Denver Post theater critic John Moore and actor/attorney Chris Boeckx in 2013, has made $82,000 available in the past three years to local the-
ater artists in need. It has helped with medical bills, co-payments, delivery of meals and aid in snow shoveling. Recently, the fund has helped a young father struggling with chemotherapy, a director who had triple bypass surgery and parents of a child who died with medical and burial expenses. This will be the biggest benefit in the organization’s history, Moore said. Theater attendees may have notices large shoes, boots, etc. prominently displayed in theatre lobbies. They are there to gather any spare change the audience may have jingling in a pocket or purse, and everything goes into this important fund. For information or to donate, see denveractorsfund.org.
Marketplace ANNOUNCEMENTS
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Arts & Crafts Instruction Kids’ Summer Writing Classes For kids entering 2 -12 grades nd
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June 5-July 27 | 10:00-11:30 and 3:00-4:30 Good Shepherd Episcopal Church 8545 E. Dry Creek Road, Centennial Contact Ann Morris for more information admorris9597@gmail.com or 720-999-2040
For all of your martial arts and fitness needs: Go to www.rockymountainmovement.com or Call (720) 244-3927 We have programs for every family member - kids and adults alike!
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Autos for Sale MATTRESSES 50-80% off store prices!! First come, first served have to clear out Prices from $150 depending on size/type Plush, Firm, Pillow Top, Gel Memory Foam, etc. Call/Text 303-807-8579 to come see what I have
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Split & Delivered $275 a cord Stacking available extra $25 Call 303-647-2475 or 720-323-2173
GARAGE & ESTATE SALES
St. Michael & All Angels' Church 1400 S. University Blvd, Denver Pre Sale 4/27 5:00 to 7:00 pm Surcharge $5.00 for presale Sale 4/28 9:00am to 5:00pm Bag Sale 4/29 9am-noon Fill our bags for $5:00 ea. or your trunk for $25.00 Antiques, furniture, estate items, books, housewares, pottery, books, collectibles, jewelry, new linens and more.
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Place an ad to sell your car on this page $25 for 2 weeks in 16 papers and online 303-566-4091 Commercial Vehicles Party Bus Available. All Events. www.gt-tours.com Tom (303)653-7147
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RV’s and Campers 1997 22' Class C Conquest by Gulf Stream Fully self contained E350 V10 Ford engine Clean 47,000 miles $11,000 303-975-6145
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DONATE YOUR CAR, TRUCK, BOAT, RV; Running or not, to www.developmentaldisabled.org Tax deductible! 303-659-1744. 19 years of service (go onto website to see 57 Chevy)
30 The Independent - The Herald
LOCAL
April 13, 2017A
SPORTS
Decades don’t dim coach’s love of game
M
Douglas County junior Lina Corrales was the winner of the 800 and 1,600 races at the April 3 Highlands Ranch Invitational. She claims it takes heart to succeed in 800-meter runs and between races she walks to stay loose and listens to music. PHOTOS BY JIM BENTON
800 meters can be a real pain Race combines elements of a sprint and a distance event BY JIM BENTON JBENTON@COLORDOCOMMUNITYMEDIA.COM
The 800-meter run is not a sprint and it’s not a distance race. It’s a hybrid. It takes speed, stamina, grit and a high threshold for pain to succeed in the 800, which is often referred to as a middle-distance race. In short, the 800 — which is roughly half a mile — is tough, Colorado high school coaches and runners agree. “The 800-meter run is absolutely brutal,” said Faith Christian coach Steve Urban, who was the distance coach last season for boys 5A state champion Pomona.
Kaden Lathrop, a senior at Highlands Ranch, was concise when asked what it takes to excel in the 800. “The number one thing in running the 800 is guts,” he said. “Anyone can be in good enough shape and have the form and speed, but what it really takes to finish an 800 is some guts.” Mountain Vista junior Caden Foster, a friend and rival of Lathrop, sometimes feels wiggly at the finish. “It’s a weird race,” he said. “The first half, you feel good, but it hits you immediately after the first lap. You think, `What am I doing, this is really hard.’ By the time you run the last 100 your legs are Jell-O.” Strategy becomes a big part of the 800, which while neither a sprint nor a distance race, combines elements of both. SEE TRACK, P31
Littleton sophomore Christian Sapakoff says the hardest part of the 800 meters is “hanging in there mentally.”
STANDOUT PERFORMERS Lance Tillman, lacrosse, sophomore, Valor Christian: The Eagles snapped a four-game losing streak with a 22-8 win over Cheyenne Mountain on April 6, and Tillman had six goals and seven assists. Cole Blatchford, baseball, senior, Mountain Vista: He allowed four hits over seven innings and two runs while striking out nine batters in a 4-2 win
over Arvada West on April 8. Micah Conley, track, senior, Arapahoe: He was first in the 110-meter hurdles with a time of 15.91, won the 300 hurdles in 41.02 and ran a leg on the 4x400 relay during the City of Littleton Championships on April 7. Sam Beecher, baseball, junior, Pondero-
sa: The right-hander pitched six innings, allowed one earned run, scattered six hits and fanned 10 batters in the Mustangs’ 5-2 triumph over Evergreen on April 8. Maddie Etten, soccer, sophomore, SkyView Academy: She scored the game-winning goal in the 3-0 conquest of Front Range Christian on April 6.
STANDOUT PERFORMERS are five athletes named from south metro area high schools. Preference is given to those making their debut on the list. To nominate an athlete, contact Jim Benton at jbenton@coloradocommunitymedia.com
arc Johnson was standing near the left-field foul line answering questions, and it didn’t take long to understand why he is still coaching baseball at Cherry Creek High School. It’s for the love of the game. OVERTIME On a recent afternoon, he stopped several times as the Bruins were starting practice to stress to pitchers the importance of throwing strikes, to tutor outfielders on drop steps and to remind a shortstop on knowing the arm strength of outfielders. Jim Benton “I still love working with kids,” he said. “They are fun to work with and they still listen. They try hard.” Johnson, 72, is in his 45th season as head baseball coach at Creek. He also served for 23 as boys soccer coach. He is on a Colorado coaching longevity list that includes Denver East and Machebeuf football legend Pat Panek (52 years), Denver Christian basketball coach Dick Katte (48 years), Dove Creek football coach Kenneth Soper (46 years), Heritage and Columbine wrestling mentor Ray Barron (46 years) and Eaton baseball coach Jim Dantley (46 years), who is now an assistant at Littleton. Only Barron and Johnson are active head coaches. “I’ve been very blessed having the community and administration we have,” Johnson said. Johnson went into this season with 751 coaching victories, so the success ratio works in his favor. The Bruins have captured eight state championships, been the runner-up five times, a final four team in 22 springs and have earned 29 league titles. “There are obviously a lot better players today,” Johnson said. “They’re stronger, bigger and faster. Sometimes the baseball IQ isn’t any better. We work every day on baseball IQ stuff. “Obviously the first state championship in 1983 was memorable. That 1995-96 team when we started that run of five straight state championships was a huge time. That was our heyday.” Filling out lineup cards, strolling to the mound and prepping fields after unpredictable spring storms will continue to be part of Johnson’s life. “I’ve always said this: As soon as the kids don’t relate any more and as soon as the kids aren’t happy, I’ll know its time,” he said. “I’m not going to go anywhere until I feel it is time or the school says it’s time. I still absolutely love it. “For me, I don’t golf or fish because I’m so immersed in baseball. When I do give it up, I’m going to have to learn to fly fish or do something. Coaching is obviously something I love. One thing, I’ve gotten more tolerant than I was when I was younger. You kind of have to shift with the culture a little bit.” SEE BENTON, P31
The Independent - The Herald 31
7April 13, 2017
Highlands Ranch senior Kaden Lathrop, who won the 800 and 1,600 at the April 3 Highlands Ranch Invitational, claims elite 800-meter runners need guts to compete. Lathrop showed grit last spring when he missed five weeks of training after undergoing surgery for a ruptured appendix but came back three weeks before the Class 5A state meet and finished fifth in the 800 meters. JIM BENTON
TRACK FROM PAGE 30
“It is kind of its own category. It is more of a mental race,” said Vincent Workman, the Pomona High school 800-meter record holder and now a freshman at Colorado School of Mines. “You just can’t sit back and kick at the end like a distance race and you can’t just go all out all the time like a sprint race. It’s strategy based and mentally based. “I broke the Pomona high school record for the 800 and that probably was the hardest race of my whole
BENTON FROM PAGE 30
Top boys swimming times Mountain Vista swimming coach Rob Nasser compiles a list of the top submitted swim times and scores in the state, and several Class 4A area boys head the first of Nasser’s reports. Ponderosa’s Blake Wilton
career and I’ve been running since I was 5-years-old. We started the first lap going real fast so I figured I was just going to die… We just kept going at the same speed the entire race and that’s just something that doesn’t happen in an 800 race.” Madison Easton, a senior at Mountain Vista, usually likes to go out fast. “Sometimes that’s not the best move,” Easton said. “I kind of like to go out fast and get my spot. The hardest part of an 800 is the third 200 (meters), so I push the most there and the last 200 is just give it all I’ve got.” Like many runners, Thornton junior Stephanie Carrasco competes in multiple events. She has run the
has the top 4A times in the 50-yard and 100 freestyle events of 21.72 seconds and 47.51 seconds. Ponderosa also has the best times in the 200 and 400 freestyle relays. The Mustangs swam a 1:31.93 in the 200 and 3:18.89 in the 400. Jack Moranetz of D’Evelyn was first in the 200 freestyle with a time of 1:58.20. Senior Johan Staton of Standley Lake has the quickest 200 IM time of 1:58.20.
New basketball coaches Ponderosa has hired an Arapahoe High School graduate as its new head boys basketball coach. Max Schuman, who was the Distinguished Scholar Athlete, MVP and first team
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3,200, 1,600 and 800 this season. She favors the longer races — by comparison, the 800 seems almost like a sprint event. “I prefer the 3,200 because it’s a long-distance event,” she said. “The 800 is really tough because it’s basically sprinting for 800 meters without pace.” Highlands Ranch coach John Padjen calls the 800 a “grueling race” that demands endurance and speed. “And most importantly, a willingness to fight through a high level of pain,” he said. For Douglas County junior Lina Corrales, desire plays a part in meeting the demands of the 800, no matter
Senior Tristan Gess of Green Mountain has the best diving score recorded so far this season with 463.70 points.
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Thornton junior Stephanie Carrasco cruises to victory in the girls 400 meter run at the Maxine Ehrmann Invitational track meet at Adams 12 North Stadium in Westminster on April 8. Carrasco clocked in at 62 seconds, without starting blocks, on her “sprint” day, during which she bypassed both the 1,600- and 3,200-meter runs. STEFAN BRODSKY what race tactic is used. “If you want to race well, you just kind of have to love it and just make sure you have your heart in it 100 percent,” Corrales said. “You just have to deal with the pain and then at the end just hope you make it the best.” Littleton sophomore Christian Sapakoff agrees with those runners who have a love-hate relationship with the 800 meters. “I hate it when I’m doing it but afterward I like it,” he said. “The toughest thing is just hanging in there mentally. You end up hitting kind of a wall at some point and you don’t want to run anymore, but you have to keep going.”
all-state basketball player in 2002 at Arapahoe, will take over the Class 4A Mustangs’ program, according to Athletic Director Tim Ottmann. Schuman was the starting point guard at Colorado College from 2002-05. He replaces Steve Ketchum, who coached Ponderosa for the past two seasons, compiling a record of 22-26. Meanwhile, Darren Pitzner, an assistant coach the past
two years at Lakewood, is the new head girls basketball coach at Green Mountain. Pitzner takes over a team that was 11-14 last season and graduates only three players.
Jim Benton is a sports writer for Colorado Community Media. He has been covering sports in the Denver area since 1968. He can be reached at jbenton@coloradocommunitymedia.com or at 303-566-4083.
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7April 13, 2017
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The Independent - The Herald 35
7April 13, 2017
BATTLING FOR THE BALL
Heritage’s Samantha Manelis, left, and Mountain Vista’s Corey Hoyer fight for control of the ball during the game April 8 at Shea Stadium in Highlands Ranch. Mountain Vista held on to win 2-0. PAUL DISALVO
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36 The Independent - The Herald
April 13, 2017A
CALENDAR FROM PAGE 28
Anticoagulation Basics, Through Thick and Thin: 1:30-2:30 p.m. Monday, April 17 at the South Denver Heart Center, 1000 Southpark Drive, Littleton. Learn to live with warfarin/ coumadin. For information or to register, call 303-744-1065, www.southdenver.com. Diabetes, Pre-diabetes and Insulin Resistance: 11 a.m. to noon Monday, April 17, at the South Denver Heart Center, 1000 Southpark Drive, Littleton. Susan Buckley, RD, CDE, teaches the ins and outs of diabetes and how to control blood sugar. For information or to register, call 303-7441065 or go to www.southdenver.com. Heart Health Nutrition: 11 a.m. to noon Wednesday, April 19 (Thyroid Health-Your Metabolic Engine) at the South Denver Heart Center, 1000 Southpark Drive, Littleton. Presented by Susan Buckley, RD, CDE. For information or to register, call 303-7441065 or go to www.southdenver.com. High Pointe Blood Drive: 10-11:40 a.m. and 1-3 p.m. Wednesday, April 19 inside Suite 230-Conference Room at 6430 S. Fiddler’s Green Circle, Suite 230, Greenwood Village. Contact the Bonfils Appointment Center at 303-363-2300 or bonfils.org. Envision Healthcare Blood Drive: 9-11:10 a.m. and 12:30-2 p.m. Thursday, April 20 inside the Bloodmobile at 6200 S. Syracuse Way, Greenwood Village. Contact the Bonfils Appointment Center at 303-363-2300 or bonfils.org. Littleton United Methodist Church Blood Drive: 1:30-6 p.m. Thursday, April 20 inside the reception hall at 5894 S. Datura St., Littleton. Contact Christine Trickey at 303730-3835 or visit bonfils.org. Craig Hospital Blood Drive: 10-11:40 a.m. and 1-3:30 p.m. Friday, April 21 inside the Family Housing Conference Center, 3425 S. Clarkson St., Englewood. Contact the Bonfils Appointment Center at 303-363-2300 or bonfils.org. Pregnancy and Postpartum Back Pain: 9 a.m. Saturday, April 22 at Physical Therapy Specialists, 7853 E. Arapahoe Court, Suite
1400, Centennial. Pain present during pregnancy that is not treated often continues for months, even years after your baby is born. Seating is limited; call 303-740-2026 or email staff@ptspecialist.com for reservations for this free lecture. Go to www. ptspecialist.com. Do You Know a Child Who Wets the Bed?: 11 a.m. Saturday, April 22, at Physical Therapy Specialists, 7853 E. Arapahoe Court, Suite 1400, Centennial. Don’t wait for your child to outgrow bedwetting. Find out how we can help, starting tonight. Space is limited; call 303-740-2026 or email staff@ ptspecialist.com for reservations for this free lecture. Go to www.ptspecialist.com. Columbine Library Blood Drive: 12:30-6 p.m. Tuesday, April 25 inside the Bloodmobile at 7706 W. Bowles Ave., Littleton. Contact the Bonfils Appointment Center at 303-363-2300 or bonfils.org. Healing Our Youth: Get Educated!: 5:30-9 p.m. Wednesday, April 26, at Colorado’s Finest High School of Choice, 300 W. Chenango Ave., Englewood. Healing Our Youth: Get Educated! is a youth mental health educational program for teachers, school staff/administration and parents. It consists of an inspiring and informative 90-minute, five-speaker panelist presentation plus a mental health resource fair. The event is free, but registration is required. Go to healingouryouth.org to learn more and to register. Two free CEU’s offered. Refreshments served.
EDUCATION
Douglas County AAUW Scholarship: application, transcripts and letters of recommendation due July 15. Scholarship is open to Douglas County residents only. Money may be used for tuition, books or child care while attending school. Scholarship application and instructions available online at douglascounty-co.aauw.net. 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 spaceavailable basis.
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Solution
ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
7April 13, 2017
Public Notices Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov
Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov
Public Trustees COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0038-2017
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On January 27, 2017, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records.
Original Grantor(s) JENNIFER KRAMER Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for SWBC Mortgage Corporation Current Holder of Evidence of Debt SWBC MORTGAGE CORPORATION Date of Deed of Trust December 26, 2014 County of Recording Arapahoe Recording Date of Deed of Trust January 02, 2015 Recording Information (Reception No. and/or Book/Page No.) D5000463 Original Principal Amount $194,275.00 Outstanding Principal Balance $189,520.32
Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 165, HIGHLAND VIEW, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known by street and number as: 2741 E Nichols Cir, Centennial, CO 80122.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 05/17/2017, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 3/23/2017 Last Publication: 4/20/2017 Name of Publication: Littleton Independent
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov DATE: 01/27/2017 , Public Trustee in and for the County of Arapahoe, State of Colorado By: Diana Springfield, Chief Deputy, for Public Trustee
The name, address, business telephone number and bar registration number of the
Public Trustees
Notices
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 05/24/2017, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 3/30/2017 Last Publication: 4/27/2017 Name of Publication: Littleton Independent
Public Trustees
DATE: 01/27/2017 , Public Trustee in and for the County of Arapahoe, State of Colorado By: Diana Springfield, Chief Deputy, for Public Trustee
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
Monica Kadrmas #34904 Randall Chin #31149 Weldon Phillips #31827 Lauren Tew #45041 Nichole Williams #49611 Barrett, Frappier & Weisserman, LLP 1199 Bannock Street, Denver, CO 80204 (303) 350-3711 Attorney File # 00000006487805 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice NO.: 0038-2017 First Publication: 3/23/2017 Last Publication: 4/20/2017 Name of Publication: Littleton Independent
COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0044-2017 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On January 31, 2017, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records. Original Grantor(s) LYNN ALAN DREHER and LORI ANN DREHER Original Beneficiary(ies) WELLS FARGO BANK, N.A. Current Holder of Evidence of Debt WELLS FARGO BANK, N.A. Date of Deed of Trust May 30, 2008 County of Recording Arapahoe Recording Date of Deed of Trust June 11, 2008 Recording Information (Reception No. and/or Book/Page No.) B8067070 Original Principal Amount $167,919.00 Outstanding Principal Balance $158,351.55 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 33, BLOCK 8, KASSLERS ADDITION THIRD FILING; A RESUBDIVISION OF BLOCK 8 OF KASSLER ADDITION, COUNTY OF ARAPAHOE, STATE OF COLORADO APN: 2077-17-3-l2-006 Also known by street and number as: 3533 W Bowles Ave, Littleton, CO 80123. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 05/24/2017, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 3/30/2017 Last Publication: 4/27/2017 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; IF THE BORROWER BELIEVES THAT A
Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov DATE: 01/31/2017 Public Trustee in and for the County of Arapahoe, State of Colorado By: Diana Springfield, Chief Deputy, for Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Lynn M. Janeway #15592 Elizabeth S. Marcus #16092 Kelly Murdock #46915 David R. Doughty #40042 Alison L Berry #34531 Sheila J Finn #36637 Eve M. Grina #43658 Nicholas H. Santarelli #46592 Janeway Law Firm PC 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112 (303) 7069990 Attorney File # 17-014215 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice NO.: 0044-2017 First Publication: 3/30/2017 Last Publication: 4/27/2017 Name of Publication: Littleton Independent COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0033-2017 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On January 27, 2017, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records. Original Grantor(s) KEVIN A PILKINGTON and RAPHAELLA S PILKINGTON Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MEGASTAR FINANCIAL CORP., ITS SUCCESSORS AND ASSIGNS Current Holder of Evidence of Debt NATIONSTAR MORTGAGE LLC Date of Deed of Trust August 22, 2005 County of Recording Arapahoe Recording Date of Deed of Trust September 19, 2005 Recording Information (Reception No. and/or Book/Page No.) B5140788 Original Principal Amount $308,000.00 Outstanding Principal Balance $295,550.93 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 29, BLCOK 1, THE KNOLLS FILING NO. 3, COUNTY OF ARAPAHOE, STATE OF COLORADO Also known by street and number as: CO 80122. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF
Original Principal Amount $308,000.00 Outstanding Principal Balance $295,550.93
Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
The Independent - The Herald 37
PUBLIC NOTICE
Public Notice of Petition for Change of Name
Public notice is given on March 21, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court.
To advertise your public notices call 303-566-4100
LOT 29, BLCOK 1, THE KNOLLS FILING NO. 3, COUNTY OF ARAPAHOE, STATE OF COLORADO
Public Trustees
Also known by street and number as: CO 80122. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
The petition requests that the name of Taylor Pamela Ann Raby be changed to David Patrick Anthony Raby Case No.: 17 C 100249
Name Changes
By: MBL, Judge Legal Notice No: 58730 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent
NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 05/17/2017, at the East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 3/23/2017 Last Publication: 4/20/2017 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 (800) 222-4444 www.coloradoattorneygeneral.gov Federal Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244 (855) 411-2372 www.consumerfinance.gov DATE: 01/27/2017 Public Trustee in and for the County of Arapahoe, State of Colorado By: Diana Springfield, Chief Deputy, for Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Lynn M. Janeway #15592 Elizabeth S. Marcus #16092 Kelly Murdock #46915 David R. Doughty #40042 Alison L Berry #34531 Sheila J Finn #36637 Eve M. Grina #43658 Nicholas H. Santarelli #46592 Janeway Law Firm PC 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112 (303) 7069990 Attorney File # 16-013990 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice NO.: 0033-2017 First Publication: 3/23/2017 Last Publication: 4/20/2017 Name of Publication: Littleton Independent
Name Changes PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on March 21, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Taylor Pamela Ann Raby be changed to David Patrick Anthony Raby Case No.: 17 C 100249 By: MBL, Judge Legal Notice No: 58730 First Publication: March 30, 2017 Last Publication: April 13, 2017
PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on March 23, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Jody Marie Coopersmith be changed to Jody Marie Stancato Case No.: 2017 C 100254 By: J. Kaufmann, Deputy Clerk Legal Notice No: 58743 First Publication: March 30, 2017 Last Publication: April 6, 2017 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on March 29, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Jae Hwan Kim be changed to Daniel Jaehwan Kim Case No.: 17 C 100269 Shana Kloek By: Kim Boswell, Deputy Clerk Legal Notice No: 58794 First Publication: April 13, 2017 Last Publication: April 27, 2017 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on April 3, 2017 that a Petition for a Change of Name of a minor child has been filed with the Arapahoe County Court. The petition requests that the name of Kashora Jasmyn Fast Wolf be changed to Kashora Jasmyn Minard Case No.: 17 C 100278 Shana Kloek By: Deputy Clerk Legal Notice No: 58795 First Publication: April 13, 2017 Last Publication: May 11, 2017 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on April 3, 2017 that a Petition for a Change of Name of a minor child has been filed with the Arapahoe County Court. The petition requests that the name of Maliya Alistar Fast Wolf be changed to Maliya Alistar Minard Case No.: 17 C 100280 Shana Kloek By: Deputy Clerk Legal Notice No: 58796 First Publication: April 13, 2017 Last Publication: May 11, 2017 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on April 3, 2017 that a Petition for a Change of Name of a minor child has been filed with the Arapahoe County Court. The petition requests that the name of Marius Amadeus Fast Wolf be changed to Marius Amadeus Minard Case No.: 17 C 100282 Shana Kloek By: Deputy Clerk Legal Notice No: 58797 First Publication: April 13, 2017 Last Publication: May 11, 2017 Publisher: Littleton Independent
Littleton Englewood * 1
38 The Independent - The Herald Notice To Creditors Public Notice NOTICE TO CREDITORS Estate of Oliver G. Anderson Jr., Deceased Case Number: 17PR128
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 1, 2017, or the claims may be forever barred. Kurt Anderson Personal Representative 5812 W. Hoover Place Littleton, Colorado 80123 Legal Notice No.: 58716 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Creighton Harvey Tom, AKA Craig H. Tom, Deceased Case Number: 2017PR030246
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe, County, Colorado on or before August 1, 2017, or the claims may be forever barred. Patricia Lew Personal Representative 3787 Westerman St. Houston, TX 77005 Legal Notice No.: 58717 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of WAYNE H. NELSON, A/K/A WAYNE HAMILTON NELSON, A/K/A WAYNE NELSON, A/K/A, HAMILTON NELSON, A/K/A W.H. NELSON, Deceased Case Number: 2017PR30251 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the Arapahoe County District Court, Colorado on or before July 30, 2017, or the claims may be forever barred. Pamela J. Hultquist Personal Representative 4449 Grassy Hill Road Rocky Mount, VA 24151 Legal Notice No.: 58718 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: The Englewood Herald and the Littleton Independent Public Notice NOTICE TO CREDITORS In the Matter of the Estate of: JOSE DELFINO SANTISTEVAN Deceased Case Number: 17-PR-30228 All persons having claims against the Abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017, or the claims may be forever barred. Dated this 30th day of March, 2017. ANN M. MESPLAY Personal Representative to the Estate 1358 Heritage Landings Drive Lakeland, FL 33805 Home Phone: 863-266-7769 OR 720-837-6366 Legal Notice No.: 58728 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Lucille Maria Lucero, Lucille O. Lucero, Deceased Case Number: 17PR30212 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 30, 2017, or the claims may be forever barred. Heather A. Lucero, Personal Representative c/o Law Office of Claire E. Dineen, 1444 Blake Street Denver, Colorado 80202 Legal Notice No.: 58729 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Rita E. Solo, Deceased Case Number: 17PR30207 All persons having claims against the above-
Deceased Case Number: 2017 PR 30282
NoticePublic To Notice Creditors NOTICE TO CREDITORS Estate of Rita E. Solo, Deceased Case Number: 17PR30207
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 30, 2017, or the claims may be forever barred. Kevin Zaloudek Attorney for the Personal Representative 600 17th Street, Ste, 2800 Denver, CO 80202 Legal Notice No.: 58732 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: The Englewood Herald and the Littleton Independent Public Notice NOTICE TO CREDITORS Estate of STANLEY F. LOVE, also known as STANLEY FOSTER LOVE and STANLEY LOVE, Deceased Case Number: 2017PR30237 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017, or the claims may be forever barred. MARYANN M. LOVE Personal Representative 2775 S. Brook Drive, Apt. 410 Denver, Colorado 80222 Legal Notice No.: 58736 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: The Englewood Herald Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Candace S. Burch, Deceased Case Number 2017PR30280 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017, or the claims may be forever barred. Paul C. Avery Personal Representative 22194 E. Rowland Place Aurora, CO 80016 paverydds@gmail.com Legal Notice No.: 58737 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Golden Transcript Public Notice NOTICE TO CREDITORS Estate of Jerry M. Hensley, a/k/a Jerry Mae Hensley, a/k/a Jerry Hensley Case Number: 2017PR30182 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017, or the claims may be forever barred. Philip V. Keenan, Personal Representative 950 South Cherry Street, Suite 1650 Denver, CO 80246 Legal Notice No.: 58747 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Timothy John Sorenson, a/k/a Timothy J. Sorenson, a/k/a Timothy Sorenson, Deceased Case Number: 2017PR30271 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 7, 2017, or the claims may be forever barred. Douglas E. Sorenson, Personal Representative 6842 S. Cherokee St. Littleton, CO 80120 Legal Notice No.: 58752 First Publication: April 6, 2017 Last Publication: April 20, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of JERILYNN FAYE BENOIT, Deceased Case Number: 2017 PR 30282 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 14, 2017 or the claims may be forever barred. BRENDA ANN WOLFE, Personal Representative to the Estate 108 Laredo Place
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 14, 2017 or the claims may be forever barred.
Notice To Creditors
BRENDA ANN WOLFE, Personal Representative to the Estate 108 Laredo Place Lochbuie, CO 80603 Home Phone: 720-933-4030 Legal Notice No: 58760 First Publication: April 13, 2017 Last Publication: April 27, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Donald R. Marcue, a/k/a Donald Ralph Marcue, Deceased Case Number: 2017PR30118 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court, Arapahoe County, Colorado, on or before August 8, 2017, or the claims may be forever barred. David Baumgarten, Personal Representative P.O. Box 905 Gunnison, CO 81230 Legal Notice No.: 58776 First Publication: April 6, 2017 Last Publication: April 20, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of LINDA C. LOWERY, Deceased Case Number: 2017PR30252 All persons having claims against the abovenamed estate are required to present them to the Co-Personal Representatives or to the District Court of Arapahoe County, Colorado on or before August 14, 2017, or the claims may be forever barred. Sarah L. Lowery Co-Personal Representative 6663 S. Pontiac Ct. Centennial, CO 80111 Scott A. Lowery Co-Personal Representative 8972 Kittiwake St. Littleton, CO 80126 Legal Notice No.: 58788 First Publication: April 13, 2017 Last Publication: April 27, 2017 Publisher: Littleton Independent Public Notice NOTICE TO CREDITORS Estate of Karleen Victoria Eastman Pollock, a/k/a Karleen Victoria Eastman, a/k/a Karleen Victoria Pollock, a/k/a Karleen V. Eastman, a/k/a Karleen V. Pollock, a/k/a Karleen Eastman, a/k/a Karleen Pollock, Deceased Case Number: 2017PR30304 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 13, 2017, or the claims may be forever barred. Laura Ann Pollock, Personal Representative 1620 Holeman Drive, Erie, CO 80516 Legal Notice No.: 58789 First Publication: April 13, 2017 Last Publication: April 27, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Sherry Gay Wood, aka Sherry G. Wood, Deceased Case Number: 2017 PR 30248 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017 or the claims may be forever barred. Ronald LaVern Martin Personal Representative c/o Katz, Look & Onorato, P.C. 1120 Lincoln Street, Suite 1100 Denver, Colorado 80203 Legal Notice No: 58719 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Joan Wasinger, Deceased Case Number: 2017 PR 30169 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017 or the claims may be forever barred. Susan A. Bugg Personal Representative 6311 Sundance Kid Drive Colorado Springs, Colorado 80923 Legal Notice No: 58720 First Publication: March 30, 2017 Last Publication: April 13, 2017
named estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017 or the claims may be forever barred. Susan A. Bugg Personal Representative 6311 Sundance Kid Drive Colorado Springs, Colorado 80923
Notice To Creditors
Legal Notice No: 58720 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Gerald M. English, aka Gerald English, Deceased Case Number: 2017 PR 30259 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017 or the claims may be forever barred. Personal Representative BOKF, NA, d/b/a Colorado State Bank and Trust c/o Kathryn Porter, Senior Vice President 1600 Broadway, 3rd Floor Denver, Colorado 80202 Legal Notice No: 58738 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Joan M. Gormish, aka Joan Marilyn Gormish, Deceased Case Number: 2017 PR 30278 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before July 31, 2017 or the claims may be forever barred.
April 13, 2017A Notice To NOTICE Creditors PUBLIC NOTICE TO CREDITORS Estate of Betty C. Pinamont, aka Betty Clare Pinamont, aka Elizabeth C. Pinamont, aka Betty Pinamont, Deceased Case Number: 17 PR 30324
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 14, 2017 or the claims may be forever barred. James C. Pinamont Personal Representative 7865 E. 7th Avenue Denver, Colorado 80230 Legal Notice No: 58783 First Publication: April 13, 2017 Last Publication: April 27, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Marjorie M. Swenson, Deceased Case Number: 2016 PR 252
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 14, 2017 or the claims may be forever barred. Patricia A. Eckelberry Personal Representative 26 West Dry Creek Circle, Suite 450 Littleton, Colorado 80120 Legal Notice No: 58784 First Publication: April 13, 2017 Last Publication: April 27, 2017 Publisher: Littleton Independent
Michelle Williams Personal Representative 3936 Bell Mountain Drive Castle Rock, Colorado 80104
Name Changes
Legal Notice No: 58746 First Publication: March 30, 2017 Last Publication: April 13, 2017 Publisher:Englewood Herald and the Littleton Independent
Public Notice of Petition for Change of Name
PUBLIC NOTICE NOTICE TO CREDITORS Estate of Albert M. Wick, Deceased Case Number: 2017 PR 30216 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 6, 2017 or the claims may be forever barred. Donnis E. Wick Personal Representative 745 Front Range Road Littleton, Colorado 80120 Legal Notice No: 58750 First Publication: April 6, 2017 Last Publication: April 20, 2017 Publisher: Littleton Independent PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on March 29, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Annelise Josefa Wagner be changed to Jackal Josef Wagner Case No.: 17 C 100268 Shana Kloek By: Deputy Clerk
PUBLIC NOTICE
Public notice is given on March 29, 2017 that a Petition for a Change of Name of an adult has been filed with the Arapahoe County Court. The petition requests that the name of Annelise Josefa Wagner be changed to Jackal Josef Wagner Case No.: 17 C 100268 Shana Kloek By: Deputy Clerk Legal Notice No: 58753 First Publication: April 6, 2017 Last Publication: April 20, 2017 Publisher: Littleton Independent
Have you seen how Classifieds can work for you?
Legal Notice No: 58753 First Publication: April 6, 2017 Last Publication: April 20, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Juanita B. Nelson, aka Juanita Nelson, aka Juanita Brown Nelson, aka Juanita Mae Nelson, and Juanita Mae Brown, Deceased Case Number: 2017 PR 30264 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before August 6, 2017 or the claims may be forever barred. Nancy Ann Nelson Personal Representative 19935 Latigo Lane Parker, Colorado 80138 Legal Notice No: 58754 First Publication: April 6, 2017 Last Publication: April 20, 2017 Publisher: Littleton Independent PUBLIC NOTICE NOTICE TO CREDITORS Estate of Betty C. Pinamont, aka Betty Clare Pinamont, aka Elizabeth C. Pinamont,
Littleton Englewood * 2
7April 13, 2017 Misc. Private Legals Public Notice DISTRICT COURT, ARAPAHOE COUNTY, STATE OF COLORADO CIVIL ACTION NO. 2016CV031765 DIVISION NO. 202 COMBINED NOTICE OF SHERIFF'S SALE
Plaintiff: SECOND APPLETREE EAST CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation v. Defendants: DIAMOND PORTER; STONEPINE INVESTMENTS LLC; ENRICO D DAVID; ALPINE CREDIT, INC.; INTEGRAL RECOVERIES, INC.; THE OFFICE OF THE ARAPAHOE COUNTY PUBLIC TRUSTEE
Regarding: Condominium Unit 5, in Condominium Building X, the Second Appletree East Condominiums, Arapahoe County Colorado according to the condominium map for the 2nd Appletree East Condominiums - Phase III recorded June 11, 1981 in Book 51 at Pages 21-26, in the records of the office of the Clerk and Recorder of Arapahoe County, Colorado and as defined and described in the condominium declaration for the Second Appletree East Condominiums recorded July 28, 1980 in Book 3252 at Page 654 and the First Amendment to the Condominium Declaration recorded December 30, 1980 in Book 3342 at Page 588 and the supplement thereto recorded June 11, 1981 in Book 3428 at Page 713, County of Arapahoe, State of Colorado Also known and numbered as: 14110 E Temple Dr, X-05, Aurora, CO 80015 TO THE ABOVE NAMED DEFENDANTS, Please take notice:
You and each of you are hereby notified that a Sheriff's Sale of the referenced property is to be conducted by the Civil Unit of Sheriff's Office of Arapahoe County, Colorado at 10:00 A.M., on the 25th day of May 2017, at 13101 E. Broncos Pkwy, Centennial, CO 80112; phone number (720)874-3935. At which sale, the above described real property and improvements thereon will be sold to the highest bidder. Plaintiff makes no warranty relating to title, possession, or quiet enjoyment in and to said real property in connection with this sale. **BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT TIME OF SALE. ** Further, for the purpose of paying off, curing default or redemption, as provided by statute, intent must be directed to or conducted at the above address of the Civil Unit of the Sheriff’s Office of Arapahoe County, Colorado.
PLEASE NOTE THAT THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY.
DATED in Colorado this 23rd day of February, 2017. David C. Walcher Sheriff of Arapahoe County, Colorado By: Dep. Karl Ditus Deputy Sheriff ATTORNEY FOR THE PLAINTIFF: ORTEN CAVANAGH & HOLMES, LLC 1445 Market Street, Suite 350 Denver, CO 80202 Legal Notice No.: 58627 First Publication: March 30, 2017 Last Publication: April 27, 2017 Published In: Littleton Independent 2550 W. Main St., Littleton, CO 80120
Public Notice
Public Notice
DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF COLORADO CASE NO: 2015CV032927 DIV./CTRM.: 204
DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Misc. Private Legals
Plaintiff(s): FIRST VILLAGE EAST APARTMENT HOMES ASSOCIATION, a Colorado nonprofit corporation v. Defendant(s): CALVIN REEVES, JR.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-19; LVNV FUNDING LLC; PORTFOLIO ACQUISITIONS; and CYNTHIA D. MARES as the ARAPAHOE COUNTY PUBLIC TRUSTEE COMBINED NOTICE OF SHERIFF’S SALE This is to advise you that a Sheriff sale proceeding has been commenced through the office of the undersigned Sheriff pursuant to an Order for Judgment and Decree of Foreclosure dated June 23, 2016, and C.R.S. §§ 38-38-101 to 401, by the First Village East Apartment Homes Association, the current holder of a lien recorded with the County of Arapahoe Clerk and Recorder on August 21, 2012. at Reception No. D2092783. The judicial foreclosure is based on a default under the Declaration of Covenants, Conditions, and Restrictions of Hallcraft’s Village East Apartment Homes Filing No. 1 recorded with the Arapahoe County Clerk and Recorder on January 17, 1973, in Reception No. 1335471 (“Declaration”). The Declaration and notices as recorded, establish a lien for the benefit of the First Village East Apartment Homes Association - THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY AND IMPROVEMENTS – against the property legally described as follows: Lot 87, Block 1, HALLCRAFT’S VILLAGE EAST APARTMENT HOMES FILING NO. 1, according to the Official Plat thereof filed for record with the Clerk and Recorder of Arapahoe County, Colorado on June 26, 1972, in Plat Book 22 at Page 56 of the records of said Clerk and Recorder, together with appurtenant easements designated as Easement Nos. 2 and 5 on Hallcraft’s Village East Apartment Homes Filing No. 1 Easement Location Map filed for record with the Clerk and Recorder of Arapahoe County, Colorado on April 6, 1973, in Book 24 at Page 22 of the records of the Clerk and Recorder. County of Arapahoe, State of Colorado Also known by street and number as 1263 South Wheeling Way, Aurora, Colorado 80012. The Sheriff’s sale has been scheduled to occur at 10:00 a.m. on June 8, 2017, at the Arapahoe County Sheriff’s Office, 13101 E. Broncos Parkway, Centennial, Colorado 80112, telephone (720)874-3935. At the sale, the Sheriff will sell the real property described above, and the improvements thereon, to the highest bidder. Plaintiff makes no warranty relating to title, possession, or quiet enjoyment in and to said real property in connection with this sale. BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT TIME OF SALE. All telephone inquiries for information should be directed to the office of the undersigned Sheriff at (720) 874 -3935. The name, address and telephone number of the attorney representing the legal owner of the above described lien is: Daniel J. Zolnikov, #47026, Moeller Graf, P.C., 385 Inverness Parkway, Englewood, CO 80112, telephone (720) 279-2568. Date: March 7, 2017 David C. Walcher Sheriff, Arapahoe County, Colorado By: Sgt. James Osborn, Deputy Sheriff Legal Notice No.: 58688 First Publication: April 13, 2017 Last Publication: May 11, 2017 Published in: Littleton Independent 2550 W. Main St., Littleton, CO 80120
Public Notice
Public Notice
DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF COLORADO CASE NO: 2015CV032927 DIV./CTRM.: 204
DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Plaintiff(s): FIRST VILLAGE EAST APARTMENT HOMES ASSOCIATION, a Colorado nonprofit corporation v. Defendant(s): CALVIN REEVES, JR.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-19; LVNV FUNDING LLC; PORTFOLIO ACQUISITIONS; and CYNTHIA D. MARES as the ARAPAHOE COUNTY PUBLIC TRUSTEE COMBINED NOTICE OF SHERIFF’S SALE
This is to advise you that a Sheriff sale proceeding has been commenced through the office of the undersigned Sheriff pursuant to an Order for Judgment and Decree of Foreclosure dated June 23, 2016, and C.R.S. §§ 38-38-101 to 401, by the First Village East Apartment Homes Association, the current holder of a lien recorded with the County of Arapahoe Clerk and Recorder on August 21, 2012. at Reception No. D2092783. The judicial foreclosure is based on a default under the Declaration of Covenants, Conditions, and Restrictions of Hallcraft’s Village East Apartment Homes Filing No. 1 recorded with the Arapahoe County Clerk and Recorder on January 17, 1973, in Reception No. 1335471 (“Declaration”). The Declaration and notices as recorded, establish a lien for the benefit of the First Village East Apartment Homes Association - THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY AND IMPROVEMENTS – against the property legally described as follows: Lot 87, Block 1, HALLCRAFT’S VILLAGE EAST
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 MARCH 2017 for each County affected.
Misc. Private Legals
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 MARCH 2017 for each County affected. 17CW24 THOMAS F. FEENEY, POB 595, Watkins, CO 80137-595. 303-693-1367. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the well, permit 297596, and to adjudicate the non tributary and not nontributary Denver Basin groundwater. The two 40 acre tracts comprise the north 1/2 of the north 1/2 of section 33, T4S, R64W of the 6th PM which is a total of 80 acres, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 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 AP PEAR 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 MAY 2017 (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.: 58790 First Publication: April 13, 2017 Last Publication: April 13, 2017 Publisher: The Englewood Herald and the Littleton Independent Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MARCH 2017 for each County affected. 17CW3049 LAKEWOOD COUNTRY CLUB, c/o Manager, 6800 West 10th Avenue, Lakewood, CO 80215. 303-233-4614. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN JEFFERSON, DENVER, AND ARAPAHOE COUNTIES. 2. Name of Water Rights: Lakewood Country Club Exchanges. 3. Describe conditional water rights giving the following from the Original Decree: A. Date of Original Decree: September 13, 2004; Case No. 97CW381, District Court, Water Division No. 1. B. Legal Description of “Exchange To” points: (1) Lakewood Country Club Reservoir No. 1: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a priority date of July 1, 1908 for 2.497 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 1 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 2, Township 4 South, Range 69 West of the 6th P.M. bears south 1°30' east 720 feet. (2) Lakewood Country Club Reservoir No. 2: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a priority date of July 1, 1908 for 0.313 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 2 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 6°1' west 605.2 feet. (3) Lakewood Country Club Reservoir No. 3: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a priority date of July 1, 1908 for 1.659 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 3 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 22°6' west 654.6 feet. (4) Lakewood Country Club Reservoir No. 5: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from Lakewood Gulch under a priority date of July 1, 1908 for 2.943 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 5 is set forth in the Decree as follows: the initial point of survey is at a point whence the southwest corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 26°15' west 1,667 feet. (5) Lakewood Country Club Ditch: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion of water from No Name Gulch under a priority date of July 1, 1909 for 2 c.f.s. The decreed location of Lakewood Country Club Ditch is set forth in the Decree as follows: whence the southeast corner of Section 2, Township 4 South, Range 69 West of the 6th P.M. bears south 38°36' east 1,059 feet. (6) Lakewood Country Club Pump No. 1: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion
P.M. bears south 1°30' east 720 feet. (2) Lakewood Country Club Reservoir No. 2: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a priority date of July 1, 1908 for 0.313 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 2 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 6°1' west 605.2 feet. (3) Lakewood Country Club Reservoir No. 3: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a priority date of July 1, 1908 for 1.659 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 3 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 22°6' west 654.6 feet. (4) Lakewood Country Club Reservoir No. 5: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from Lakewood Gulch under a priority date of July 1, 1908 for 2.943 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 5 is set forth in the Decree as follows: the initial point of survey is at a point whence the southwest corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 26°15' west 1,667 feet. (5) Lakewood Country Club Ditch: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion of water from No Name Gulch under a priority date of July 1, 1909 for 2 c.f.s. The decreed location of Lakewood Country Club Ditch is set forth in the Decree as follows: whence the southeast corner of Section 2, Township 4 South, Range 69 West of the 6th P.M. bears south 38°36' east 1,059 feet. (6) Lakewood Country Club Pump No. 1: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion of water from No Name Gulch under a priority date of July 1, 1909 for 3.33 c.f.s. The decreed location of Lakewood Country Club Pump No. 1 is set forth in the Decree as follows: whence the southwest corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 42°30' west 710 feet. (7) Lakewood Country Club Pump No. 3: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion of water from Lakewood Gulch under a priority date of July 1, 1909 for 4 c.f.s. The decreed location of Lakewood Country Club Pump No. 3 is set forth in the Decree as follows: whence the southwest corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 20°45' west 1,672 feet. C. Legal Description of “Exchange From” points: (1) Denver's reusable effluent from the Littleton/Englewood Wastewater Treatment Plant outfall, located on the east bank of the South Platte River approximately 1.4 miles downstream from the confluence of Bear Creek and the South Platte River, as determined by available flow on Denver's Daily Operation Sheets; or (2) Denver's reusable effluent from the Metro Wastewater Treatment Plant outfall, located on the east bank of the South Platte River near the confluence of the South Platte River and Sand Creek, as determined by available flow from Denver's Daily Operation Sheets; or (3) Denver's reusable effluent from the Glendale Wastewater Treatment Plant outfall [no longer available], located on the north bank of Cherry Creek approximately 1,000 feet upstream from the point where Cherry Creek crosses Colorado Boulevard, as determined by available flow from Denver's Daily Operation Sheets; or (4) Denver's reusable return flows in Lakewood Gulch upon quantification by Denver in a subsequent Water Court case. (5) Denver’s raw water delivered through the outlet of Chatfield Reservoir as measured by the outflow gauge; or (6) Any other source of augmentation water available to Denver acceptable to the Division Engineer. D. Source: Water in or tributary to No Name and Lakewood Gulches diverted by exchange of water delivered at the “Exchange From” points described in paragraph 3.C, above, pursuant to the Raw Water Lease Agreement dated September 16, 1997, by and between the Lakewood Country Club and the City and County of Denver, acting by and through its Board of Water Commissioners. E. Appropriation Date: December 31, 1997. F. Amount: 5 c.f.s., conditional, up to 60 acre-feet during any water year (November 1 through October 31), conditional. 1.10 c.f.s and 24.11 acre-feet were made absolute in Case No. 10CW231. G. Use: By exchange for the beneficial uses decreed in Case No. 97CW381. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Case No. 10CW231 made 1.10 cfs and 24.11 acre-feet of the conditional water right absolute. During the diligence period, Applicant has continued to operate the exchange, but such operations did not exceed 1.10 cfs or 24.11 acre-feet. Applicant also incurred and expended over $6,153,000 in costs attributable water lease payments and the operation, maintenance, and management of the Lakewood Golf Course and associated reservoirs and other structures for which the subject water rights are used. Applicant has kept regular records of diversions and usage and made all necessary reports to the Division Engineer, and has installed and maintained measuring devices required to administer the augmentation and exchange plan decreed in Case No. 97CW381. 5. Claim For Continued Diligence: Applicant requests an order finding that Applicant has met its burden of proof and continuing diligence on the 3.9 c.f.s. and 35.89 acre-feet not yet made absolute. 6. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. None.
Misc. Private Legals
The Independent - The Herald 39
ation Date: December 31, 1997. F. Amount: 5 c.f.s., conditional, up to 60 acre-feet during any water year (November 1 through October 31), conditional. 1.10 c.f.s and 24.11 acre-feet were made absolute in Case No. 10CW231. G. Use: By exchange for the beneficial uses decreed in Case No. 97CW381. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Case No. 10CW231 made 1.10 cfs and 24.11 acre-feet of the conditional water right absolute. During the diligence period, Applicant has continued to operate the exchange, but such operations did not exceed 1.10 cfs or 24.11 acre-feet. Applicant also incurred and expended over $6,153,000 in costs attributable water lease payments and the operation, maintenance, and management of the Lakewood Golf Course and associ ated reservoirs and other structures for which the subject water rights are used. Applicant has kept regular records of diversions and usage and made all necessary reports to the Division Engineer, and has installed and maintained measuring devices required to administer the augmentation and exchange plan decreed in Case No. 97CW381. 5. Claim For Continued Diligence: Applicant requests an order finding that Applicant has met its burden of proof and continuing diligence on the 3.9 c.f.s. and 35.89 acre-feet not yet made absolute. 6. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. None.
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 MAY 2017 (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.: 58791 First Publication: April 13, 2017 Last Publication: April 13, 2017 Publisher: The Englewood Herald and the Littleton Independent
City and County PUBLIC NOTICE From the Office of the Arapahoe County Assessor
Colorado law requires the county assessor to hear objections to real property classifications and valuations beginning no later than May 1, 2017. The assessor will be available at the Arapahoe County Administration Building during business hours (8:00 a.m. to 4:30 p.m.) to hear objections to real property classifications or valuations for the 2017 assessment of real property. Objections to the valuation or classification of real property for 2017 must be postmarked, delivered or presented in person no later than June 1, 2017. Information for requesting a review of valuation and for filing an objection is available at the assessor’s office. Marc Scott, County Assessor Legal Notice No.: 58705 First Publication: April 13, 2017 Last Publication: April 13, 2017 Publisher: Littleton Independent and the Englewood Herald
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.
17CW24 THOMAS F. FEENEY, POB 595, Watkins, CO 80137-595. 303-693-1367. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the well, permit 297596, and to adjudicate the non tributary and not nontributary Denver Basin groundwater. The two 40 acre tracts comprise the north 1/2 of the north 1/2 of section 33, T4S, R64W of the 6th PM which is a total of 80 acres, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.
Notices are meant to be noticed. Read your public notices and get involved!
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 MAY
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
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40 The Independent - The Herald
April 13, 2017A Water Courts
DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MARCH 2017 for each County affected. 16CW3196; East Cherry Creek Valley Water and Sanitation District, acting by and through the East Cherry Creek Valley Water and Sanitation District Water Activity Enterprise, Inc. (“ECCV”), c/o David Kaunisto, General Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, Telephone: (303) 693-3800, United Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 775-1005, The above listed parties shall be collectively referred to as the “Applicants.” FIRST AMENDED APPLICATION FOR CONDITIONAL WATER RIGHTS, APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, APPROPRIATION OF HISTORICAL RETURN FLOWS, AND CHANGE OF WATER RIGHTS IN ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ECCV), Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, (Attorneys for United), 2. Background. ECCV has developed an integrated system for the diversion, accretion, collection, storage, transmission, and treatment of its water rights. This integrated system, which is also referred to as the “Water Supply Project” or the “Northern Project,” is designed to provide ECCV with a long-term, sustainable municipal water supply for its service area located in Arapahoe County. A map of ECCV’s service area is attached as Exhibit 1. According to ECCV’s Water Conservation Plan, at full build-out ECCV will require, on average, up to approximately 16,000 acre-feet per year of raw water supply, and up to approximately 24,000 acre-feet in years when delivering water to its aquifer storage and recovery program. The water appropriated according to this decree is necessary to help ECCV meet those projected needs. The conditional water rights claimed herein and operation of the exchanges are necessary to replace out-of-priority depletions resulting from ECCV’s pumping of the ACWWA/ECCV Well Field in the Beebe Draw (the “ACWWA/ECCV Well Field”) and/or historical return flow obligations owed to the South Platte River. A map showing the locations of the structures described in this Application is attached as Exhibit 2. United will construct structures described below as part of satisfying its contractual obligations to ECCV for the Water Supply Project. 3. Description of Conditional Water Storage Rights. 3.1. ECCV Binder Reservoir Storage Right. 3.1.1. Name of Structure. Binder Reservoir (a/k/a “Brighton Lateral Reservoir”). 3.1.2. Location. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3. Diversion Structures. 3.1.3.1. Brighton Lateral. Brighton Lateral will divert water from the east bank of the South Platte River, in either the NW1/4 of the NW1/4 or the NE1/4 of the NW1/4, both of Section 18, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.3. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Binder Reservoir in which ECCV is legally permitted to divert water. 3.1.4. Source. South Platte River. 3.1.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.1.6. Date of Appropriation. December 8, 2016. 3.1.7. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.1.8. Date Water First Applied to Beneficial Use. Not applicable. 3.1.9. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Binder Reservoir Storage Right as follows: 3.1.9.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Binder Reservoir Storage Right as a source of replacement water in the ACWWA/ ECCV Augmentation Plans approved in the decrees entered in Case Nos. 02CW403 (“403 Decree”) and 02CW404/03CW442 (“404/442 Decree”) to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. ECCV will also use the ECCV Binder Reservoir Storage Right directly or as a source of substitute supply for the 70 Ranch Augmentation Plan pursuant to the terms and conditions of the 403/442 Decree. 3.1.9.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Binder Reservoir Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 Decree, as amended by the decree entered in Case No. 10CW306 (“306 Decree”). In
addition, ECCV seeks to use the ECCV Binder Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 3.1.9.3. Use in ECCV’s Exchange. ECCV will use the ECCV Binder Reservoir Storage Right for substitution and exchange as provided in the 404/442 Decree and the decree entered in Case No. 11CW285 (“285 Decree”). ECCV also seeks to use the ECCV Binder Reservoir Storage Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 3.1.9.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Binder Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.1.9.5. Alternate Places of Storage. ECCV also seeks to store the ECCV Binder Reservoir Storage Right in the following surface storage facilities: 3.1.9.5.1. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.1.9.5.2. Barr Lake, an offchannel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.1.9.5.3. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.4. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.5. Any existing or future storage facility in which ECCV is legally permitted to store water. 3.1.9.6. All Municipal Uses. ECCV will use the ECCV Binder Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 3.1.9.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.1.9.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Binder Reservoir Storage Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Binder Reservoir Storage Right as a source of supply or replacement water. 3.1.10. Total Capacity. Binder Reservoir has a planned total capacity of 3,800 acrefeet (with 4 feet of freeboard). 3.1.11. Name and Addresses of the Owner of Binder Reservoir and the Diversion Facility Used to Fill Binder Reservoir. Platte River Water Development Authority (“PRWDA”), 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.2. ECCV Serfer Pit Storage Right. 3.2.1. Name of Structure. Serfer Pit. 3.2.2. Location. Serfer Pit is located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.2.3. Diversion Structure. A temporary pump currently delivers water into Serfer Pit. A permanent pump and pipe to and from the Cache La Poudre River will be placed in the southwest corner of Serfer Pit, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado, and any other existing facilities or facilities constructed in the future capable of delivering water to Serfer Pit in which ECCV is legally permitted to deliver water. 3.2.4.Source. Cache la Poudre River. 3.2.5. Amount Claimed. 100 acre-feet fill, conditional, with the right to one refill in the amount of 100 acre-feet per year, conditional. 3.2.6. Date of Appropriation. December 8, 2016. 3.2.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.2.7. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Serfer Pit Storage Right as follows: 3.2.7.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Serfer Pit Storage Right as a source of replacement water in the ACWWA/ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area. ECCV will also use the ECCV Serfer Pit Storage Right directly or as a source of substitute supply for the 70 Ranch Augmentation Plan pursuant to the terms and conditions of the 404/442 Decree. 3.2.7.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Serfer Pit Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Serfer Pit Storage Right for recharge by delivering the water
Public Notice
to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 3.2.7.3. Use in ECCV’s Exchange. ECCV will use the ECCV Serfer Pit Storage Right for substitution and exchange as provided in the 404/442 and 285 Decrees. ECCV also seeks to use the ECCV Serfer Pit Storage Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 3.2.7.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Serfer Pit Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 3.2.7.5. Alternate Places of Storage. ECCV seeks to store the water in the following surface storage facilities: 3.2.7.5.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined offchannel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.2.7.5.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.2.7.5.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.6. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.8. Any existing or future storage facility to which ECCV is legally permitted to store water. 3.2.7.6. All Municipal Uses. ECCV will use the ECCV Serfer Pit Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area. 3.2.7.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.2.7.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Serfer Pit Storage Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Serfer Pit Storage Right as a source of supply or replacement water. 3.2.8. Name and Addresses of the Owner of the Storage Structure and the Diversion Facility Listed Above. United, 8301 W. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.3. ECCV Highlands Reservoir Storage Right. 3.3.1. Name of Structure. Highlands Reservoir. 3.3.2. Location. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 3.3.3. After water is diverted from the South Platte River it will be delivered to the Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. 3.3.3. Names of the Diversion Facilities Used to Fill Highlands Reservoir. 3.3.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington Canal, immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 3.3.3.2. Burlington Canal (a/k/a the “Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 3.3.3.3. Beebe Seep Canal. Point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one or more of the following locations, all of which will divert surface water only: 3.3.3.3.1. In the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.2. In the SE1/4 of the NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.3. In the W1/2 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.4. In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. 3.3.3.4. Other Diversion Facilities.
Any other existing facilities or facilities constructed in the future capable of delivering water to Highlands Reservoir in which ECCV is legally permitted to divert water. 3.3.4. Source of the Water. South Platte River. 3.3.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.3.6. Date of Appropriation. December 8, 2016. 3.3.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.3.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.3.7. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Highlands Reservoir Storage Right as follows: 3.3.7.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Highlands Reservoir Storage Right as a source of replacement water in the ACWWA/ ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. 3.3.7.2. Use in ECCV’s Recharge Project. ECCV seeks to use the ECCV Highlands Reservoir Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Highlands Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 3.3.7.3. Use in ECCV’s Exchanges. ECCV seeks to use the water as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 3.3.7.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Highlands Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.3.7.5. Alternate Places of Storage. ECCV seeks to store the ECCV Highlands Reservoir Storage Right in the following surface storage facilities: 3.3.7.5.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.3.7.5.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.7.5.3. Any existing or future storage facility to which ECCV is legally permitted to store water. 3.3.7.6. All Municipal Uses. ECCV will use the ECCV Highlands Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 3.3.7.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.3.7.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Highlands Reservoir Storage Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Highlands Reservoir Storage Right as a source of supply or replacement water. 3.3.8. Name and Addresses of the Owner of the Storage Structure and the Diversion Facility Listed Above. 3.3.8.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.2. The land on which Highlands Reservoir will be located is currently owned by Highland Equities, L.L.C., 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.3.8.3. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 3.3.8.4. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) and the Beebe Seep Canal are owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 3.3.8.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 3.3.8.6. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.1, above, may be located is owned by one or more of Edmundson Land, LLC, P.O. Box 932, Brighton, Colorado, 80601 and Public Service Company of Colorado, P.O. Box 1979, Denver, Colorado, 80201. 3.3.8.7. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.2, above, may be located is owned by one or more of Vicki and David Pelletier, 3851 E. Geddes Avenue, Centennial, Colorado 80122 and Weld County, Colorado, 1150 O Street, Greeley, Colorado 80631. 3.3.8.8. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.3, above, may be located is owned by one or more of Len Pettinger, 18437 County Road 8, Brighton, Colorado 80603,
and Town of Lochbuie, Colorado, 703 County Road 37, Brighton, Colorado, 80603. 3.3.8.9. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.4, above, may be located is owned by Mile High Duck Club, c/o Brown and Locke P.C., 1720 S. Bellaire St., Ste. 405, Denver, Colorado 80222. 4. Description of Conditional Direct Flow Water Rights. 4.1. ECCV Binder Pipeline Water Right. 4.1.1. Name of Structure. Binder Pipeline. 4.1.2. Location. Binder Pipeline will be located upstream of the confluence of the South Platte River and Big Dry Creek. The proposed diversion structure will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.1.3. Source. South Platte River. 4.1.4.Amount Claimed. 30 cfs, conditional. 4.1.5. Date of Appropriation. December 8, 2016. 4.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.1.6. Uses. By this Application, ECCV seeks a decree granting the right to use the Binder Pipeline Water Right as follows: 4.1.6.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Binder Pipeline Water Right as a source of replacement water in the ACWWA/ ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. 4.1.6.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Binder Pipeline Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Binder Pipeline Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 4.1.6.3. Use in ECCV’s Exchanges. ECCV seeks to use the Binder Pipeline Water Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 4.1.6.4. Storage. ECCV seeks to use the Binder Pipeline Water Right for storage, directly or by exchange, in the following facilities: 4.1.6.4.1. Barr Lake, an offchannel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.1.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.1.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.1.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.1.6.4.5. Any other storage facility to which ECCV is legally permitted to store water. 4.1.6.5. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Binder Pipeline Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 4.1.6.6. All Municipal Uses. ECCV will use the ECCV Binder Pipeline Water Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 4.1.6.7. Right of Reuse, Successive Use, and Disposition. 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. 4.1.7.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Binder Pipeline Water Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Binder Pipeline Water Right as a source of supply or replacement water. 4.1.7. Name and Addresses of the Owner of the Diversion Structure Listed Above. PRWDA, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111, will be the owner of the Binder Pipeline and owns easements along the path where the pipeline will be located. 4.2. ECCV Brighton Lateral Water Right. 4.2.1. Name of Structure. Brighton Lateral. 4.2.2. Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to Brighton Lateral from the Burlington Canal. 4.2.3. Source. South Platte River. 4.2.4. Amount Claimed. 10 cfs, conditional. 4.2.5. Date of Appropriation. December 8, 2016. 4.2.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.2.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.2.6. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Brighton Continued to Next Page 58792
Littleton Englewood * 4
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7April 13, 2017 Continued From Last Page 58792 Page 2 or 4 Lateral Water Right as follows: 4.2.6.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Brighton Lateral Water Right as a source of replacement water in the ACWWA/ ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. 4.2.6.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Brighton Lateral Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Brighton Lateral Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 4.2.6.3. Use in ECCV’s Exchange. ECCV seeks to use the ECCV Brighton Lateral Water Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 4.2.6.4. Storage. ECCV seeks to use the Brighton Lateral Water Right for storage in the following facilities: 4.2.6.4.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.2.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.2.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.2.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.2.6.4.5. Any other storage facility to which ECCV is legally permitted to store water. 4.2.6.5. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Brighton Lateral Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 4.2.6.6. All Municipal Uses. ECCV will use the water via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 4.2.6.7. Right of Reuse, Successive Use, and Disposition. 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. 4.2.6.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Binder Lateral Water Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Binder Lateral Water Right as a source of supply or replacement water. 4.2.7. Name and Addresses of the Owner of the Diversion Structure Listed Above. New Brighton Lateral, LLC, 1801 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 5. Claims for Conditional Recharge Water Rights or Plans for Augmentation. 5.1.ECCV Drouhard Recharge Right. 5.1.1. Name of Structure. Drouhard Recharge Site. 5.1.2. Recharge Location. The Drouhard Recharge Site is an offchannel recharge site located in the SE1/2 of the SE1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3. Points of Diversion. Water will be diverted from the South Platte River to the Drouhard Recharge Site from the following locations: 5.1.3.1. Farmers Independent Ditch. The Farmers Independent Ditch headgate is located in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3.2. Western Mutual Ditch. The Western Mutual Ditch headgate is located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.3. Drouhard Pipeline. The Drouhard Pipeline is a bi-directional pipeline that will be located parallel to County Road 40.5 from the Drouhard Pond to Milliken Reservoir. The proposed diversion structure will divert water from Milliken Reservoir, in the NE1/4 of the SE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.4. Milliken Reservoir. Water will be delivered from Milliken Reservoir through the bi-directional Drouhard Pipeline. 5.1.3.5. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to the Drouhard Recharge Site in which ECCV is legally permitted to divert water. 5.1.4. Amount Claimed. 20 cfs, conditional. 5.1.5. Date of Appropriation. December 8, 2016. 5.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.1.6. Sources of Water for the Plan for Augmentation. 5.1.6.1. Drouhard Recharge Site. ECCV will use the water rights described in Exhibit 4 for recharge at the Drouhard Recharge Site. 5.1.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.1.7.Recharge Accretions. Water recharged into the alluvial
aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.1.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but are not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Drouhard Recharge Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Drouhard Recharge Right as a source of supply or replacement water. 5.2. ECCV Brighton Lateral Recharge Right. 5.2.1. Name of Structure. Brighton Lateral. 5.2.2. Recharge Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to the Brighton Lateral from the Burlington Canal. Recharge will occur within the Brighton Lateral. 5.2.3. Amount Claimed. 10 cfs, conditional. 5.2.4. Date of Appropriation. December 8, 2016. 5.2.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.2.4.2. Date Water First Applied to Beneficial Use. Not applicable. 5.2.5. Sources of Water for the Plan for Augmentation. 5.2.5.1. Brighton Lateral. ECCV will use the water rights described in Exhibit 4 for recharge in the Brighton Lateral. 5.2.5.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.2.6. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.2.7. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Brighton Lateral Recharge Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Brighton Lateral Recharge Right as a source of supply or replacement water. 5.3. ECCV Brighton Lateral Recharge Site Right. 5.3.1. Name of Structure. Brighton Lateral Recharge Site. 5.3.2. Recharge Location. The Brighton Lateral Recharge Site is an off-channel recharge site located in the S1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.3. Point of Diversion. 5.3.3.1. Brighton Lateral. The point of diversion for the Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to the Brighton Lateral from the Burlington Canal. 5.3.3.2. Burlington Canal. 5.3.4. Amount Claimed. 20 cfs, conditional. 5.3.5. Date of Appropriation. December 8, 2016. 5.3.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.3.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.3.6. Sources of Water for the Plan for Augmentation. 5.3.6.1. Brighton Lateral Recharge Site. ECCV will use the water rights described in Exhibit 4 for recharge at the Brighton Lateral Recharge Site. 5.3.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 3792-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.3.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.3.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Brighton Lateral Recharge Site Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with pre-
viously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Brighton Lateral Recharge Site Right as a source of supply or replacement water. APPROPRIATIVE RIGHTS OF EXCHANGE. The 2017 ECCV South Platte River and St. Vrain Creek Exchange, the 2016 ECCV Cache la Poudre Exchange, and the 2016 ECCV Beebe Canal Exchange, further described below, are collectively referred to in this Application as the “2016 ECCV Exchanges.” 6. Claim for Appropriative Rights of Substitution and Exchange2016 ECCV South Platte River and St. Vrain Creek Exchange. 6.1. Exchange-From Points. 6.1.1. SPR Reach 5. 6.1.1.1. Downstream End Point of South Platte River Reach 5 - Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West, of the 6th P.M., Morgan County, Colorado. ECCV does not seek to exchange water up Beaver Creek. For purposes of the appropriative rights of exchange decreed herein, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 17.1.8 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said Section 13. 6.1.1.2. Fort Morgan Canal above the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from the Hofmeister farm will accrue to the South Platte River above the Lower Platte & Beaver headgate, located in the SW1/4 of the SW1/4 of Section 25, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. 6.1.1.3. Fort Morgan Canal below the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from Glassey farm will accrue to the South Platte River below the Lower Platte & Beaver headgate, located in the NE1/4 of the SE1/4 of Section 21, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 6.1.1.4. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 NE1/4 of said Section 3. 6.1.1.5. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 6.1.1.6. ECCV 70 Ranch Recharge Project Quantification Point. The ECCV 70 Ranch Recharge Project was decreed at paragraphs 34-38 of the 404/442 Decree. The Quantification Point for recharge accretions from the ECCV 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ECCV 70 Ranch Recharge Project accrue to the South Platte River at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. 6.1.2. SPR Reach 4. 6.1.2.1. Downstream End Point of South Platte River Reach 4 – Bijou Canal Headgate. SPR Reach 4 was decreed at paragraph 17.1.7 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate, located on the south bank of the South Platte River in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said Section 13. 6.1.2.2. 70 Ranch Reservoir. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The preliminarily designed outlet structure for 70 Ranch Reservoir will allow releases from 70 Ranch Reservoir by gravity flow back to the South Platte River at a point in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Water may also be released to the Hardin Seep Canal and delivered to the South Platte River through an existing return ditch in the NW1/4 of the NW1/4 of Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3. SPR Reach 3. 6.1.3.1. Downstream End Point of South Platte River Reach 3 – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 17.1.6 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3.2. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ECCV intends to divert certain sources of substitute supply, as described in Exhibit 4,
from the Cache la Poudre River and deliver the substitute supplies from said Canal to Crow Creek in the NW1/4 of the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.3. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ECCV intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River to Lone Tree Creek, in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.4. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. ECCV will deliver its sources of substitute supply to the confluence of the Cache la Poudre River and the South Platte River by: (1) conveying certain sources of substitute supply, as described in Exhibit 4, down the Cache la Poudre River to its confluence with the South Platte River; and/or (2) delivering certain sources of substitute supply, as described in Exhibit 4, to the confluence of Sand Creek and the Cache la Poudre River, which is located in the NW1/4 of the NW1/4 of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, immediately above the Cache la Poudre River’s confluence with the South Platte River. From the confluence of Sand Creek and the Cache la Poudre River, the sources of substitute supply will be conveyed in the Cache la Poudre River to the exchange-from point at the confluence of the Cache la Poudre River and the South Platte River. 6.1.3.5. Ogilvy Ditch Augmentation Stations. ECCV will use the following augmentation structures to deliver certain sources of substitute supply from the Ogilvy Irrigating Ditch to the South Platte River: (1) an existing augmentation structure near where the Ogilvy Ditch bifurcates located in the NW1/4 of the NE1/4 of Section 9, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the NE1/4 of the NW1/4 of Section 15, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado; and (2) the end of ditch augmentation structure which delivers water to Crow Creek in the SW1/4 of the SE1/4 of Section 12, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the NE1/4 of the SE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. 6.1.4. SPR Reach 2. 6.1.4.1. Downstream End Point of South Platte River Reach 2– Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 17.1.5 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.2. Strohauer Pond Accretions and Release. The point at which water recharged or discharged at the Strohauer Pond Recharge Site accretes to the South Platte River is located in the NE1/4 of the NW1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.3. Milliken Reservoir Outlet Structures. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. In addition, the North Diversion structure of Milliken Reservoir, 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, can also operate as an outlet from Milliken Reservoir. 6.1.4.4. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion, described below. 6.1.4.5. Haren Recharge Accretions. The point at which water recharged at the Haren Recharge Site accretes to the South Platte River is located in the SW1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.4.6. Drouhard Recharge Accretions and Release. The location at which water recharged or discharged at the Drouhard Recharge Site accretes to the South Platte River is located in the E1/2 of the SE1/4 of Section 24, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.4.7. Brownwood Augmentation Station. Located in the NW1/4 of Section 25, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 4.6 miles down ditch from the Western Mutual Ditch headgate. 6.1.4.8. Farmers Independent Ditch Lower Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 1, Township 4 North, Range 66 West of the 6th P.M., Weld County Colorado. 6.1.4.9. Farmers Independent Ditch Pipeline. Located in the NE1/4 of the SE1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5. SPR Reach 1. 6.1.5.1. Downstream End Point of South Platte River Reach 1– FIDCo Upper Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 24, Township 3
North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.5.2. Binder Reservoir. Located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water from Binder Reservoir will be released to the South Platte River via the Binder Pipeline at a location on the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3. Brighton Lateral Accretions. The most downstream location of accretions from Brighton Lateral to the South Platte River will be within either the NW1/4 of the NW1/4 or the NE1/4 of the NW1/4, both of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.4. Fulton Irrigating Ditch Augmentation Stations. ECCV will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) an existing augmentation structure located in the SW1/4 of the NW1/4 of Section 8, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the SE1/4 of the NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., Adams County, Colorado; and (2) an augmentation structure to be constructed in Section 3 of the Fulton Ditch, in the NE1/4 of the SE1/4 of Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the NW1/4 of the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.5. United Reservoir No. 3 Discharge Point. The point of discharge from United Reservoir No. 3 to the South Platte River is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. 6.1.5.6. St. Vrain Pipeline (a/k/a “United Diversion Facility No. 5”). The point of discharge from the St. Vrain Pipeline to the South Platte River will be located in one of the following locations: (1) at a point located upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; (2) at a point upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SE1/4 of the SE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, or the SE1/4 of Section 25, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (3) at a point near the SW1/4 of the SE1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 6.2.Exchange-To Points. 6.2.1. SPR Reach 4. 6.2.1.1. 70 Ranch Reservoir Surface Diversion. The surface diversion facility for 70 Ranch Reservoir will be located in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.2.2. SPR Reach 3. 6.2.2.1. Powell Spillway. Pumping depletions that accrue to the South Platte River at the Powell Spillway will replaced at the SE1/4 of the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.2.2.2. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. 6.2.3. SPR Reach 2. 6.2.3.1. Milliken Reservoir Diversion Points. Water will be diverted from the South Platte River at the following diversion facilities: 6.2.3.1.1. South Diversion. A point of diversion for Milliken Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado (referred to as the “South Diversion”). 6.2.3.1.2. North Diversion. A point of diversion for Milliken Reservoir may be located on the South Platte River downstream of the confluence with the St. Vrain River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado (referred to as the “North Diversion”). 6.2.3.1.3. Milliken Pumps. A pump is currently located 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. 6.2.3.1.4. Western Mutual Ditch Headgate. The point of diversion for the Western Mutual Ditch headgate is located on the South Platte River, in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water will be delivered to Milliken Reservoir through an interconnect between the Western Mutual Ditch and Milliken Reservoir. 6.2.3.2. Western Mutual Ditch Headgate. Described in paragraph 6.2.3.1.4, above. 6.2.4. SPR Reach 1. 6.2.4.1. Farmers Independent Ditch Headgate. The Farmers Independent Ditch headgate is located on the east bank of the South Platte River in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. ECCV will deliver water from the Farmers Independent Ditch headgate to the Drouhard Recharge Site. 6.2.4.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Substitute supplies exchanged and conveyed through the Binder Pipeline will be delivered to Binder Reservoir. 6.2.4.3. United Diversion Facility No. 3. United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located Continued to Next Page 58792
Littleton Englewood * 5
42 The Independent - The Herald Continued From Last Page 58792 Page 3 or 4 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. Substitute supplies exchanged and diverted at the United Diversion Facility No. 3 will be delivered to United Reservoir No. 3. Water stored in United Reservoir No. 3 can be delivered to Barr Lake through the Beebe Pipeline pursuant to the 403 Decree. Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake the water can also be delivered through a drainage seep to and through the Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. Water can also be delivered from United No. 3 through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. 6.2.4.4. Burlington Canal Headgate. The Burlington Canal headgate is, pursuant to a changed point of diversion approved in the 403 Decree, located on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Substitute supplies exchanged and diverted at the Burlington Canal headgate will be delivered to Barr Lake. Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake, the water can also be delivered through a drainage seep to and through the Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. ECCV may also deliver water to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees. Water can also be delivered from the Burlington Canal through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 6.3. Rates on the Appropriative Rights of Exchange. 6.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 5. 6.4. Date of Appropriation. December 8, 2016. 6.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 6.4.2. Date Water First Applied to Beneficial Use. Not applicable. 6.5. Uses. Substitute supplies exchanged to the Exchange-To Points described above and discharged to the South Platte River may be: 6.5.1. Used by ECCV to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 6.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project approved in the 404/442 Decree, or future recharge facilities in which ECCV is legally permitted to recharge water. 6.5.3. Used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Augmentation Plan approved in the 404/442 Decree, or future augmentation plans if separately decreed. 6.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ECCV Augmentation Plan approved in the 403, 404/442, and 306 Decrees, or future augmentation plans if separately decreed. 6.5.5. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees, or future recharge facilities in which ECCV is legally permitted to recharge water. 6.5.6. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ECCV’s service area. 6.5.7. Used to meet its historical return flow obligations for ECCV’s existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 6.5.8. Stored in the following surface storage facilities: 6.5.8.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.5.8.2. Serfer Pit, a lined off-channel reservoir located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 6.5.8.3. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.5.8.4. United Reservoir No. 3, an offchannel reservoir located on the east side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.5.8.5. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 6.5.8.6. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.7. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.5.8.8. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.9. Any existing or future storage facility to which ECCV is legally permitted to store water. 6.5.9. Use by ACWWA. ECCV may lease and/or trade exchange space available to the 2016 ECCV SPR and St. Vrain Creek Exchange and water exchanged under the 2016 ECCV SPR and St. Vrain Creek Exchange to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges
April 13, 2017A sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the 2016 ECCV SPR and St. Vrain Creek Exchange as a source of supply or replacement water. 6.6. Sources of Substitute Supply for 2016 ECCV South Platte River and St. Vrain Exchange. 6.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 6.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ECCV seeks to allow such sources to serve as substitute supplies for the exchanges. 6.7. Substitute Water Supply Projections. ECCV shall make projections of the yield of the 2016 ECCV Exchanges pursuant to the procedures described in paragraph 16 of the 403 Decree and paragraph 68 of the 404/442 Decree. ECCV shall incorporate the projected yield into the augmentation plans approved in the 403 and 404/442 Decrees pursuant to the notice of use procedures described in paragraphs 19.2 and 17.3, respectively, of those decrees. 7. Claim for Appropriative Rights of Substitution and Exchange- 2016 ECCV Cache la Poudre River Exchange. 7.1. Exchange-From Points. 7.1.1. Greeley Canal No. 3 Return Structures. ECCV will deliver water associated with its change shares in the Greeley Irrigation Company to the Cache la Poudre and the South Platte Rivers from the following locations: 7.1.1.1. F Street Release Structure. Located in the SE1/4 of the SW1/4 of Section 34, Township 6 North, Range 66 West, Weld County, Colorado, at a point approximately 1,602 feet east of the west section line and 837 feet north of the south section line of Section 34. 7.1.1.2. 23rd Avenue Structure. Located in the NE1/4 of the SE1/4 of Section 1, Township 5 North, Range 66 West, Weld County, Colorado, at a point approximately 1,070 feet west of the east section line and 2,482 feet north of the south section line of Section 1. 7.1.1.3. 16th Street Structure. Located in the NW1/4 SE1/4 of Section 10, Township 5 North, Range 65 West, Weld County Colorado, at a point approximately 1,967 west of the east section line and 2,616 feet south of the north section line of Section 10. 7.1.2. Greeley No. 2 Canal Augmentation Stations. ECCV will deliver water associated with its changed shares in the New Cache la Poudre Irrigating Company and Cache la Poudre Reservoir Company to the Cache la Poudre and the South Platte Rivers from the following locations: 7.1.2.1. A proposed augmentation return structure contemplated for construction near the Greeley Canal No. 2 headgate (the Headgate Augmentation Station); the turnout location off the Greeley Canal No. 2 would likely be within the NE1/4 of the SE1/4 of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 7.1.2.2. A proposed augmentation station (the Serfer Augmentation Station), located in the SE1/4 of the SW1/4 of Section 12, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. Water turned out from the Greeley No. 2 Ditch at this station would be delivered directly to Serfer Pit, where it could be stored or passed through to the Cache la Poudre River. 7.1.2.3. Law Ditch Augmentation Station, located in the NE1/4 of the SE1/4 of Section 15, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, delivers to the Cache la Poudre above the Greeley No. 3 Canal via the John Law Seepage Ditch. 7.1.2.4. A proposed augmentation station (the Orr Lateral Augmentation Station), located in the NW1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, on the Orr-Tollgate farm, to deliver to the Cache la Poudre above the Greeley No. 3 Canal. 7.1.2.5. Graham Seep Augmentation Station, located in the NW1/4 of the SE1/4 of Section 13, Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado. Water delivered through this station would enter the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.2.6. A proposed augmentation station (Carpenter Lateral Augmentation Station), to be located in the SE1/4 of the NW1/4 of Section 19, Township 6 North Range 65 West of the 6th P.M., Weld County, Colorado. It would deliver water to the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate, via the Carpenter Lateral and Graham Seep. 7.1.2.7. Eaton Draw Augmentation Station, located in the NW1/4 of the NE1/4 of Section 17, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.2.8. Lone Tree Creek Augmentation Station, located in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the South Platte River just below the Cache la Poudre confluence via Lone Tree Creek. 7.1.2.9. Lower Sand Creek Augmentation Station, located in the SE1/4 of the NW1/4 of Section 27, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre River below the Ogilvy Ditch headgate via Sand Creek. 7.1.2.10. Galeton Draw Augmentation Station, proposed to be located in the NE1/4 of Section 7, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. It would deliver to the South Platte River via Lone Tree Creek. 7.1.2.11. Gill Augmentation Station, proposed to be located on or close to the section line dividing Sections 22 and 27 in Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, could deliver water to the South Platte River via Crow Creek. 7.1.2.12. Lower Crow Creek Augmentation Station, located more or less on the quarter section line dividing the NW1/4 and the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, and delivers to the South Platte River a short distance above the Empire Ditch headgate. 7.1.2.13. Upper Crow Creek Augmentation Station, located in the SW1/4 of the
NW1/4 of Section 16, Township 6 North, Range 63 West of the 6th P.M., Weld, County, Colorado. This Augmentation Station delivers water to the South Platte River a short distance above the Empire Ditch headgate. 7.1.2.14. Upper Sand Creek Augmentation Station, located in the NW1/4 of the NE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. This Augmentation Station delivers water to the Cache la Poudre River below the Ogilvy Ditch headgate. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 7.2. Exchange-To Point. 7.2.1. Serfer Pit. Diversions from the Cache la Poudre River into Serfer Pit will be made at the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado. The location of the Serfer Pit is shown on the map attached as Exhibit 2. 7.3. Rates on the Appropriative Right of Exchange. 7.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 6. 7.4. Date of Appropriation. December 8, 2016. 7.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 7.4.2. Date Water First Applied to Beneficial Use. Not applicable. 7.5. Uses. Substitute supplies exchanged to Serfer Pit described above and discharged to the Cache la Poudre River may be: 7.5.1. Used by ECCV to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 7.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project in the 404/442 Decree, or any future recharge facilities in which ECCV is legally permitted to recharge water. 7.5.3. Used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Augmentation Plan in the 404/442 Decree, or future augmentation plans if separately decreed. 7.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ECCV Augmentation Plan pursuant to the 403, 404/442, and 306 Decrees, or future augmentation plans if separately decreed. 7.5.5. Used as a source of substitute supply for the appropriative right of exchange pursuant to the 285 Decree, the exchanges claimed herein, or future exchanges if separately decreed. 7.5.6. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project in the 404/442 and 306 Decrees, or any future recharge facilities in which ECCV is legally permitted to recharge water. 7.5.7. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ECCV’s service area. 7.5.8. Used to meet its historical return flow obligations for ECCV’s existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 7.5.9. Stored in the following surface storage facilities: 7.5.9.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 7.5.9.2. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 7.5.9.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 7.5.9.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 7.5.9.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.6. Binder Reservoir, off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7.5.9.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.8. Any existing or future storage facility to which ECCV is legally permitted to store water. 7.5.10. Use by ACWWA. ECCV may lease and/or trade exchange space available to the 2016 ECCV Cache la Poudre River Exchange and water exchanged under the 2016 ECCV Cache la Poudre River Exchange to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the 2016 ECCV Cache la Poudre River Exchange as a source of supply or replacement water. 7.6. Sources of Substitute Supply. 7.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 7.6.2. Future Acquired Sources. ECCV intends to acquire and/ or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ECCV seeks to allow such sources to serve as substitute supplies for the exchanges. 7.7. Substitute Water Supply Projections. ECCV shall make projections of the yield of the 2016 ECCV Exchanges pursuant to the procedures described in paragraph 16 of the 403 Decree and paragraph 68 of the 404/442 Decree. ECCV shall incorporate the projected yield into the augmentation plans approved in the 403 and 404/442 Decrees pursuant to the notice of
use procedures described in paragraphs 19.2 and 17.3, respectively, of those decrees. 8. Claim for Appropriative Rights of Substitution and Exchange- 2016 ECCV Beebe Canal Exchange. 8.1. Exchange-From Points. 8.1.1. Highlands Reservoir. Highlands Reservoir is located in the Beebe Draw as described above in paragraph 3.3.2. Water will be released to the Beebe Seep Canal through the outlet works of Highlands Reservoir. The location of the outlet structure for Highlands Reservoir has not yet been finally determined. The preliminary design anticipates that Highlands Reservoir will be gravity drained under Weld County Road (“WCR”) 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76, and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. An inlet structure from the Beebe Seep Canal, the potential locations of which are described above in paragraph 3.3.3.3, may be designed to also deliver water from Highlands Reservoir to the Beebe Seep Canal, and as an outlet structure it would also be an exchangefrom point. 8.1.2. Milton Lake. Milton Lake is located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 8.2. Exchange-To Points. 8.2.1. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado. 8.2.2. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado, approximately 390 feet from the north section line and 930 feet from the west section line of said Section 23. 8.2.3. DeSanti Headgate. The headgate for the DeSanti Parcel is located on the DeSanti Parcel, which is located in the SE1/4 of Section 11, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. 8.2.4. Highlands Reservoir Beebe Seep Canal Diversion(s). The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw, as described above in paragraph 3.3.3.3. Water will be exchanged to these points from Milton Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 8.3. Rates on the Appropriative Right of Exchange. 8.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 7. 8.4. Date of Appropriation. December 8, 2016. 8.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 8.4.2. Date Water First Applied to Beneficial Use. Not applicable. 8.5. Uses. Water diverted by exchange under the 2016 ECCV Beebe Canal Exchange will be used to satisfy ECCV’s replacement obligations in the Beebe Draw and delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees, or any future recharge facilities in which ECCV is legally permitted to recharge water. ECCV may also lease and/or trade exchange space available to the 2016 ECCV Beebe Canal Exchange and water exchanged under the 2016 ECCV Beebe Canal Exchange to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the 2016 ECCV Beebe Canal Exchange as a source of supply or replacement water. 8.6. Sources of Substitute Supply. 8.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 8.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ECCV seeks to allow such sources to serve as substitute supplies for the exchanges. 8.7. Substitute Water Supply Projections. ECCV shall make projections of the yield of the 2016 ECCV Exchanges pursuant to the procedures described in paragraph 16 of the 403 Decree and paragraph 68 of the 404/442 Decree. ECCV shall incorporate the projected yield into the augmentation plans approved in the 403 and 404/442 Decrees pursuant to the notice of use procedures described in paragraphs 19.2 and 17.3, respectively, of those decrees. The 2016 ECCV South Platte River and St. Vrain Creek Exchange, 2016 ECCV Cache la Poudre Exchange and 2016 ECCV Beebe Canal Exchange are collectively referred to in this Application as the “2016 ECCV Exchanges.” 9. ECCV’s Independent Claim to Appropriate Return Flows Associated with its Changed Shares in the Greeley Irrigation Company (“ECCV’s GIC Shares”). 9.1. Name of Structure. Greeley Canal No. 3, the decreed headgate location of which is on the South side of the Cache la Poudre River, in the NW1/4 of the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 9.2. ECCV’s GIC Shares. By the decree entered in Case No. 06CW40 (“40 Decree”), ECCV changed the place and type of use of 5.472 shares of the Greeley Irrigation Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 9.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Greeley Canal No. 3 headgate is junior to December, 2016 or there is no call from downstream of the Greeley Canal No. 3 headgate, ECCV seeks the right to use, reuse, successively use, and use, to extinc-
tion, for all of the purposes described in paragraph 9.7, below, the historical return flow portion of its irrigation season delivery of ECCV’s GIC Shares and the winter return flow portion of its previous irrigation season delivery of ECCV’s GIC Shares. 9.4. Appropriation Information. 9.4.1. Date of Appropriation. December 29, 2016. 9.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 9.4.3. Date Water First Applied to Beneficial Use. Not applicable. 9.5. Source. Cache la Poudre River. 9.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ECCV’s GIC Shares, conditional. 9.7. Claimed Uses. 9.7.1. Use in ECCV’s Plans for Augmentation. ECCV seeks to use the water attributable to the return flows associated with ECCV’s changed GIC Shares as a source of replacement water in the ACWWA/ECCV Augmentation Plan approved in the 403, 404/442, and 306 Decrees, for pumping water for delivery to ECCV’s service area from the ACWWA/ECCV Well Field. ECCV will follow the procedures in the 403 and 404/442 Decrees to add its return flows as a source of replacement supply. ECCV also seeks to use the water attributable to its return flows associated with ECCV’s GIC Shares as a source of replacement water pursuant to the 70 Ranch Augmentation Plan approved in the 404/442 and 306 Decrees. ECCV will follow the procedures in paragraph 25.6.1 of the 404/442 Decree to add its return flows as a source of replacement supply. In addition, ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares as a source of replacement water in plans for augmentation that it may seek in the future. 9.7.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 and 10CW306 Decrees, and in any other recharge facility in which ECCV is legally permitted to recharge water. 9.7.3. Use in ECCV’s Exchanges and/or Storage. ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares, either directly or following storage, as a source of substitute supply for the appropriative right of exchange approved in the 404/442 and 285 Decrees, and in any other future exchange operated or decreed by ECCV. ECCV seeks to store and exchange the water attributable to its return flows associated with ECCV’s GIC Shares in Barr Lake, United Reservoir No. 3, and Milliken Reservoir pursuant to the decreed entered in Case No. 11CW280 (“280 Decree”). ECCV also seeks to store the water attributable to the return flows associated with ECCV’s GIC Shares in 70 Ranch Reservoir and the Serfer Pit, and any other storage facility in which ECCV is legally permitted to store water. 9.7.4. All Municipal Uses. ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares for all municipal uses via augmentation and exchange. ECCV’s municipal uses include but are not limited to domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the present and future service area of ECCV. 9.7.5. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ECCV claims the right to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 9.7.6. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV’s GIC Share Return Flows to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV’s GIC Share Return Flows as a source of supply or replacement water. 10. ECCV’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Farmers Independent Ditch Company (“ECCV’s FIDCO Shares”). 10.1. Name of Structure. Farmers Independent Ditch, the decreed headgate is located on the east bank of the South Platte River in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10.2. ECCV’s FIDCO Shares. In the decree entered in Case No. 12CW73 (“73 Decree”), ECCV changed the place and type of use of 17.5 shares of the Farmers Independent Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 10.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Farmers Independent Ditch headgate is junior to December, 2016 or there is no call from downstream of the Farmers Independent Ditch headgate, ECCV seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described above in paragraph 9.7, the historical return flow portion of its irrigation season delivery of ECCV’s FIDCO Shares and the winter return flow portion of its previous irrigation season delivery of ECCV’s FIDCO Shares. 10.4.Appropriation Information. 10.4.1. Date of Appropriation. December 29, 2016. 10.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 10.4.3. Date Water First Applied to Beneficial Use. Not applicable. 10.5. Source. South Platte River. 10.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ECCV’s FIDCO Shares, conditional. 10.7. Claimed Uses. ECCV’s claimed uses for the water attributable to the return flows associated with ECCV’s FIDCO Shares are described above in paragraph 9.7. 11. ECCV’s Claim to Appropriate Return Continued to Next Page 58792
Littleton Englewood * 6
The Independent - The Herald 43
7April 13, 2017 Continued From Last Page 58792 Page 4 or 4 Flows Associated with its Changed Shares in the Weldon Valley Ditch Company (“ECCV’s Weldon Shares”). 11.1. Name of Structure. Weldon Valley Ditch, the decreed point of diversion is located on the North bank of the South Platte River, in the SW1/4 NW1/4 SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. 11.2. ECCV’s Weldon Shares. In Case No. 11CW151/05CW58 (“151 Case”), which is currently pending before this Court, ECCV is seeking to change the place and type of use of 44 shares of the Weldon Valley Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 11.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Weldon Valley Ditch headgate is junior to December, 2016 or there is no call from downstream of the Weldon Valley Ditch headgate, ECCV seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ECCV’s Weldon Shares and the winter return flow portion of its previous irrigation season delivery of ECCV’s Weldon Shares. 11.4. Appropriation Information. 11.4.1. Date of Appropriation. December 29, 2016. 11.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 11.4.3. Date Water First Applied to Beneficial Use. Not applicable. 11.5. Source. South Platte River. 11.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to EC-
CV’s Weldon Shares, conditional. 11.7. Claimed Uses. ECCV’s claimed uses for the water attributable to the return flows associated with ECCV’s Weldon Shares are described in paragraph 9.7, above. 12. Change in Use of ECCV’s Previously Changed Water Rights. 12.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92-305(3) (e), ECCV seeks to change its previously-quantified water rights described below (collectively, the “Previously Changed Shares”) to allow such water to be used and stored as described below. 12.1.1. Farmers Independent Ditch Company Shares. In the 73 Decree, ECCV originally changed 17.5 Farmers Independent Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.2. Greeley Irrigation Company Shares. Pursuant to the 40 Decree, ECCV originally changed 5.472 Greeley Irrigation Company shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.3. Weldon Valley Ditch Company Shares. In the 151 Case, ECCV requests to change 44 Weldon Valley Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.4. New Cache la Poudre Irrigating Company (“NCLPIC”) and Cache la Poudre Reservoir Company (“CLPRC”) Shares. In Case No. 13CW3026, ECCV is seeking to change 16shares in the NCLPIC and 16 shares in the CLPRC from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses as more fully described in the application and pro-
posed decree in that case. 12.2. Replacement of Return Flow Obligations. The decrees for the Previously Changed Shares require Applicants to meet historical return flow obligations in time, place, and amount, as more fully described in the relevant decrees. ECCV seeks the ability to meet these return flow obligations using any of the water rights described in Exhibit 4, so long as those rights have been decreed for use for augmentation, replacement, or substitution. Additionally, ECCV seeks the ability to use any future acquired water rights to meet these return flow obligations to the extent that future acquired sources are decreed for augmentation, replacement, or substitution purposes. 12.3. Additional Uses. To the extent the Previously Changed Shares are not already decreed for such purposes, ECCV seeks to add the following as permissible uses of the Previously Changed Shares. 12.3.1. Augmentation Plans. ECCV may use its Previously Changed Shares in the augmentation plans decreed in Case Nos. Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and any future augmentation plans sought by ECCV. 12.3.2. Recharge Facilities. ECCV may use its Previously Changed Shares in the recharge facilities previously decreed in Case Nos. Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, the recharge facilities sought in this application, and any other existing or future recharge facilities to which ECCV may legally recharge water. 12.3.3. Exchanges. ECCV may use its Previously Changed Shares in the exchanges previously decreed in Case No. 11CW285, the exchanges sought in this application, and any future exchanges operated or
decreed by ECCV. 12.3.4. Storage. ECCV may store its Previously Changed Shares in the following surface storage structures for subsequent delivery into ACWWA’s or ECCV’s municipal system or for use as a source of augmentation, replacement, recharge, exchange or substitute supply: 12.3.4.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 12.3.4.2. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 12.3.4.3. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 12.3.4.4. Any existing or future storage facility to which ECCV is legally permitted to store water. 12.3.5. Replacement of Return Flow Obligations. ECCV may use its Previously Changed Shares to replace return flows obligations associated with the Previously Changed Shares, as well as the return flow obligations of any other water rights changed by ECCV in the future. 12.3.6 Use by ACWWA. ECCV may lease and/or trade water attributable to the Previously Changed Shares to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV,
pursuant to any future applications, so long those future applications list the Previously Changed Shares as a source of supply or replacement water. (44 pages, 7 exhibits). 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 MAY 2017 (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.
Get Involved! Legal Notice No.: 58792 First Publication: April 13, 2017 Last Publication: April 13, 2017 Publisher: Englewood Herald and the Littleton Independent
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44 The Independent - The Herald
April 13, 2017A Water Courts
DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MARCH 2017 for each County affected. 16CW3195; Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Steve Witter, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830; United Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 775-1005. The above listed parties shall be collectively referred to as the “Applicants.” FIRST AMENDED APPLICATION FOR CONDITIONAL WATER RIGHTS, APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, APPROPRIATION OF HISTORICAL RETURN FLOWS, AND CHANGE OF WATER RIGHTS IN ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ACWWA), Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, (Attorneys for United). 2. Background. On December 15, 2009, ACWWA entered into an Intergovernmental Agreement (“IGA”) with East Cherry Creek Valley Water and Sanitation District (“ECCV”) and United to provide for ACWWA’s participation in ECCV’s integrated system for the diversion, accretion, collection, storage, transmission, and treatment of ECCV’s water rights (“Water Supply Project”). The Water Supply Project (a/k/a the “ACWWA Flow Project”) is now designed to provide ECCV and ACWWA with a long-term, sustainable municipal water supply for its service area located in Arapahoe and Douglas Counties, Colorado. A map of ACWWA’s service area is attached as Exhibit 1. At full buildout, ACWWA’s projected water demand is approximately 10,275 acre-feet per year. The water appropriated herein is necessary to help ACWWA meet its projected water demand. The conditional water rights claimed herein and operation of the exchanges are necessary to replace out-of-priority depletions resulting from ACWWA’s pumping of the ACWWA/ECCV Well Field in the Beebe Draw (the “ACWWA/ECCV Well Field”) and/or historical return flow obligations owed to the South Platte River. A map showing the locations of the structures described in this Application is attached as Exhibit 2. United will construct structures described below as part of satisfying its contractual obligations to ACWWA for the Water Supply Project. 3. Description of Conditional Water Storage Rights. 3.1. ACWWA Binder Reservoir Storage Right. 3.1.1. Name of Structure. Binder Reservoir (a/k/a the “Brighton Lateral Reservoir”). 3.1.2. Location. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3. Diversion Structures. 3.1.3.1. Brighton Lateral. Brighton Lateral will divert water from the east bank of the South Platte River, in either the NW1/4 of the NW1/4 or the NE1/4 of the NW1/4, both of Section 18, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.3. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Binder Reservoir in which ACWWA is legally permitted to divert water. 3.1.4. Source. South Platte River. 3.1.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.1.6. Date of Appropriation. December 14, 2016. 3.1.7. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.1.8. Date Water First Applied to Beneficial Use. Not applicable. 3.1.9. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Binder Reservoir Storage Right as follows: 3.1.9.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right as a source of replacement water in the ACWWA Augmentation Plans approved in the decree entered in Case No. 10CW306 (“306 Decree”) to replace depletions from the pumping of water from the ACWWA/ ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Binder Reservoir Storage Right as a source of replacement water in any future plans for augmentation. 3.1.9.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Binder Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future
recharge facility to which ACWWA is legally permitted to recharge water. 3.1.9.3. Use in ACWWA’s Exchange. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right either directly or following storage, as a source of substitute supply for the appropriative right of exchange approved in the decree entered in Case No. 09CW283 (“283 Decree”). ACWWA also seeks to use the ACWWA Binder Reservoir Storage Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 3.1.9.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 3.1.9.5. Alternate Places of Storage. ACWWA also seeks to store the ACWWA Binder Reservoir Storage Right in the following surface storage facilities: 3.1.9.5.1. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.1.9.5.2. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.1.9.5.3. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.4. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.5. Any existing or future storage facility in which ACWWA is legally permitted to store water. 3.1.9.6. All Municipal Uses. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 3.1.9.7. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ACWWA claims the right to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.1.9.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Binder Reservoir Storage Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Binder Reservoir Storage Right as a source of supply or replacement water. 3.1.10. Total Capacity. Binder Reservoir has a planned total capacity of 3,800 acre-feet (with 4 feet of freeboard). 3.1.11. Name and Addresses of the Owner of Binder Reservoir and the Diversion Facility Used to Fill Binder Reservoir. Platte River Water Development Authority (“PRWDA”), 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.2. ACWWA Serfer Pit Storage Right. 3.2.1. Name of Structure. Serfer Pit. 3.2.2. Location. Serfer Pit is located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.2.3. Diversion Structure. A temporary pump currently delivers water into Serfer Pit. A permanent pump and pipe to and from the Cache La Poudre River will be placed in the southwest corner of Serfer Pit, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, and any other existing facilities or facilities constructed in the future capable of delivering water to Serfer Pit in which ACWWA is legally permitted to divert water. 3.2.4. Source. Cache la Poudre River. 3.2.5. Amount Claimed. 100 acrefeet fill, conditional, with the right to one refill in the amount of 100 acre-feet per year, conditional. 3.2.6. Date of Appropriation. December 14, 2016. 3.2.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.2.7. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Serfer Pit Storage Right as follows: 3.2.7.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Serfer Pit Storage Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Serfer Pit Storage Right as a source of replacement water in any future plans for augmentation. 3.2.7.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Serfer Pit Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Serfer Pit Storage Right for recharge
Public Notice
by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 3.2.7.3. Use in ACWWA’s Exchange. ACWWA seeks to use the ACWWA Serfer Pit Storage Right either directly or following storage, as a source of substitute supply for the appropriative right of exchange approved in the 283 Decree. ACWWA also seeks to use the ACWWA Serfer Pit Storage Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 3.2.7.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Serfer Pit Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.2.7.5. Alternate Places of Storage. ACWWA seeks to store the water in the following surface storage facilities: 3.2.7.5.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.2.7.5.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.2.7.5.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.6. Binder Reservoir, off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.8. Any existing or future storage facility to which ACWWA is legally permitted to store water. 3.2.7.6. All Municipal Uses. ACWWA will use the ACWWA Serfer Pit Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 3.2.7.7. Right of Reuse, Successive Use, and Disposition. 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. 3.2.7.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Serfer Pit Storage Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Serfer Pit Storage Right as a source of supply or replacement water. 3.2.8. Name and Addresses of the Owner of Serfer Pit and the Diversion Facility Used to Fill Serfer Pit. United Water and Sanitation District, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3. ACWWA Highlands Reservoir Storage Right. 3.3.1. Name of Structure. Highlands Reservoir. 3.3.2. Location. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 3.3.3. After water is diverted from the South Platte River it will be delivered to Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. 3.3.3. Names of the Diversion Facilities Used to Fill the Reservoir. 3.3.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington Canal, immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 3.3.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 3.3.3.3. Beebe Seep Canal. Point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one or more of the following locations, all of which will divert only surface water: 3.3.3.3.1. In the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.2. In the SE1/4 of the NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County,
Colorado. 3.3.3.3.3. In the W1/2 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.4. In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. 3.3.3.4. Other Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Highlands Reservoir in which ACWWA is legally permitted to divert water. 3.3.4. Source of the Water. South Platte River. 3.3.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.3.6. Date of Appropriation. December 14, 2016. 3.3.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.3.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.3.7. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Highlands Reservoir Storage Right as follows: 3.3.7.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right as a source of replacement water in any future plans for augmentation. 3.3.7.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 3.3.7.3. Use in ACWWA’s Exchanges. ACWWA seeks to use the water as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 3.3.7.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.3.7.5. Alternate Places of Storage. ACWWA seeks to store the ACWWA Highlands Reservoir Storage Right in the following surface storage facilities: 3.3.7.5.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.3.7.5.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.7.5.3. Any existing or future storage facility to which ACWWA is legally permitted to store water. 3.3.7.6. All Municipal Uses. ACWWA will use the ACWWA Highlands Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 3.3.7.7. Right of Reuse, Successive Use, and Disposition. 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. 3.3.7.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Highlands Reservoir Storage Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Highlands Reservoir Storage Right as a source of supply or replacement water. 3.3.8. Name and Addresses of the Owner of Highlands Reservoir and the Diversion Facility Used to Fill Highlands Reservoir. 3.3.8.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.2. The land on which Highlands Reservoir will be located is currently owned by Highland Equities, L.L.C., 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.3. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United Water and Sanitation District. 3.3.8.4. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) and the Beebe Seep Canal are owned by FRICO, 80 South 27th Avenue, Brighton, Colorado 80601. 3.3.8.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 3.3.8.6. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.1, above, may be located is owned by one or more of Edmundson
Land, LLC, P.O. Box 932, Brighton, Colorado, 80601, and Public Service Company of Colorado, P.O. Box 1979, Denver, Colorado, 80201. 3.3.8.7. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.2, above, may be located is owned by one or more of Vicki and David Pelletier, 3851 E. Geddes Avenue, Centennial, Colorado 80122, and Weld County, Colorado, 1150 O Street, Greeley, Colorado 80631. 3.3.8.8. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.3, above, may be located is owned by one or more of Len Pettinger, 18437 County Road 8, Brighton, Colorado 80603, and Town of Lochbuie, Colorado, 703 County Road 37, Brighton, Colorado 80603. 3.3.8.9. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.4, above, may be located is owned by Mile High Duck Club, c/o Brown and Locke P.C., 1720 S. Bellaire Street, Suite 405, Denver, Colorado 80222. 4. Description of Conditional Direct Flow Water Rights. 4.1. ACWWA Binder Pipeline Water Right. 4.1.1. Name of Structure. Binder Pipeline. 4.1.2.Location. Binder Pipeline will be located upstream of the confluence of the South Platte River and Big Dry Creek. The proposed diversion structure will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.1.3. Source. South Platte River. 4.1.4. Amount Claimed. 30 cfs. 4.1.5. Date of Appropriation. December 14, 2016. 4.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.1.6. Uses. By this Application, ACWWA seeks a decree granting its right to use the ACWWA Binder Pipeline Water Right as follows: 4.1.6.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Binder Pipeline Water Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Binder Pipeline Water Right as a source of replacement water in any future plans for augmentation. 4.1.6.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Binder Pipeline Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Binder Pipeline Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 4.1.6.3. Use in ACWWA’s Exchanges. ACWWA seeks to use the Binder Pipeline Water Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 4.1.6.4. Storage. ACWWA seeks to use the Binder Pipeline Water Right for storage, directly or by exchange, in the following facilities: 4.1.6.4.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.1.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.1.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.1.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.1.6.4.5. Any other storage facility to which ACWWA is legally permitted to store water. 4.1.6.5. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Binder Pipeline Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 4.1.6.6. All Municipal Uses. ACWWA will use the ACWWA Binder Pipeline Water Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 4.1.6.7. Right of Reuse, Successive Use, and Disposition. 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. 4.1.7.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Binder Pipeline Water Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Binder Pipeline Right as a source of supply or replacement water. 4.1.7. Name and Addresses of the Owner of Binder Pipeline. PRWDA, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, will be the owner of the Binder Pipeline and owns easements along the path where the pipe Continued to Next Page 58793
Littleton Englewood * 8
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7April 13, 2017 Continued From Last Page 58793 Page 2 or 4 line will be located. 4.2. ACWWA Brighton Lateral Water Right. 4.2.1. Name of Structure. Brighton Lateral. 4.2.2. Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to Brighton Lateral from the Burlington Canal. 4.2.3. Source. South Platte River. 4.2.4. Amount Claimed. 10 cfs, conditional. 4.2.5. Date of Appropriation. December 14, 2016. 4.2.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.2.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.2.6. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Brighton Lateral Water Right as follows: 4.2.6.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Brighton Lateral Water Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Brighton Lateral Water Right as a source of replacement water in any future plans for augmentation. 4.2.6.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Brighton Lateral Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Brighton Lateral Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 4.2.6.3. Use in ACWWA’s Exchange. ACWWA seeks to use the ACWWA Brighton Lateral Water Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 4.2.6.4. Storage. ACWWA seeks to use the Brighton Lateral Water Right for storage in the following facilities: 4.2.6.4.1. Barr Lake, an offchannel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.2.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.2.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.2.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.2.6.4.5. Any other storage facility to which ACWWA is legally permitted to store water. 4.2.6.5. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Brighton Lateral Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 4.2.6.6. All Municipal Uses. ACWWA will use the water via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 4.2.6.7.Right of Reuse, Successive Use, and Disposition. 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. 4.2.6.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Brighton Lateral Water Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Right as a source of supply or replacement water. 4.2.7. Name and Addresses of the Owner of Brighton Lateral. New Brighton Lateral, LLC, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 5. Claim for Conditional Recharge Water Rights or Plans for Augmentation. 5.1. ACWWA Drouhard Recharge Right. 5.1.1. Name of Structure. Drouhard Recharge Site. 5.1.2. Recharge Location. The Drouhard Recharge Site is an off-channel recharge site located in the SE 1/2 of the SE1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3. Points of Diversion. Water will be diverted from the South Platte River to the Drouhard Recharge Site from the following locations: 5.1.3.1. Farmers Independent Ditch. The Farmers Independent Ditch headgate is located in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3.2. Western Mutual Ditch. The Western Mutual Ditch headgate is located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.3. Drouhard Pipeline. The Drouhard Pipeline is a bi-directional pipeline that will be located parallel to County Road 40.5 from the Drouhard Pond to Milliken Reservoir. The proposed diversion structure will divert water from the Milliken Reservoir in the NE1/4 of the SE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.4. Milliken Reservoir. Water will be delivered from Milliken Reservoir through the bi-directional Drouhard Pipeline. 5.1.3.5. Future Diversion Facilities. Any other
existing facilities or facilities constructed in the future capable of delivering water to the Drouhard Recharge Site in which ACWWA is legally permitted to divert water. 5.1.4. Amount Claimed. 20 cfs, conditional. 5.1.5. Date of Appropriation. December 14, 2016. 5.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.1.6. Sources of Water for the Plan for Augmentation. 5.1.6.1. Drouhard Recharge Site. ACWWA will use the water rights described in Exhibit 4 for recharge at the Drouhard Recharge Site. 5.1.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.1.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow downgradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.1.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ACWWA may also lease and/or trade recharge accretions from the ACWWA Drouhard Recharge Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Drouhard Recharge Right as a source of supply or replacement water. 5.2. ACWWA Brighton Lateral Recharge Right. 5.2.1. Name of Structure. Brighton Lateral. 5.2.2. Recharge Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Recharge will occur within the Brighton Lateral. 5.2.3. Amount Claimed. 10 cfs, conditional. 5.2.4. Date of Appropriation. December 14, 2016. 5.2.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.2.4.2. Date Water First Applied to Beneficial Use. Not applicable. 5.2.5. Sources of Water for the Plan for Augmentation. 5.2.5.1. Brighton Lateral. ACWWA will use the water rights described in Exhibit 4 for recharge in Brighton Lateral. 5.2.5.2. Future Acquired Sources. ACWWA intends to acquire and/ or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.2.6. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.2.7. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ACWWA may also lease and/or trade recharge accretions from the ACWWA Brighton Lateral Recharge Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Recharge Right as a source of supply or replacement water. 5.3. ACWWA Brighton Lateral Recharge Site Right. 5.3.1. Name of Structure. Brighton Lateral Recharge Site. 5.3.2. Recharge Location. The Brighton Lateral Recharge Site is an off-channel recharge site located in the S1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.3. Points of Diversion. 5.3.3.1. Brighton Lateral. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to Brighton Lateral from the Burlington Canal. 5.3.3.2. Burlington Canal. The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 5.3.4. Amount Claimed. 20 cfs, conditional. 5.3.5. Date of Appropriation. December 14, 2016. 5.3.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.3.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.3.6. Sources of
Water for the Plan for Augmentation. 5.3.6.1. Brighton Lateral Recharge Site. ACWWA will use the water rights described in Exhibit 4 for recharge at the Brighton Lateral Recharge Site. 5.3.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.3.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.3.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ACWWA may also lease and/or trade recharge accretions from the ACWWA Brighton Lateral Recharge Site Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Recharge Site Right as a source of supply or replacement water. APPROPRIATIVE RIGHTS OF EXCHANGE. The 2016 ACWWA South Platte River and St. Vrain Creek Exchange, the 2016 ACWWA Cache la Poudre Exchange, and the 2016 ACWWA Beebe Canal Exchange, further described below, are collectively referred to in this Application as the “2016 ACWWA Exchanges.” 6. Claim for Appropriative Rights of Substitution and Exchange 2016 ACWWA South Platte River (“SPR”) and St. Vrain Creek Exchange. 6.1. Exchange-From Points. 6.1.1. SPR Reach 5. 6.1.1.1. Downstream End Point of South Platte River Reach 5 Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West, of the 6th P.M., Morgan County, Colorado. ACWWA does not seek to exchange water up Beaver Creek. For purposes of the appropriative rights of exchange decreed herein, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 19.1.8 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said section. 6.1.1.2. Fort Morgan Canal above the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from the Hofmeister farm will accrue to the South Platte River above the Lower Platte & Beaver headgate, located in the SW1/4 of the SW1/4 of Section 25, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. 6.1.1.3. Fort Morgan Canal below the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from Glassey farm will accrue to the South Platte River below the Lower Platte & Beaver headgate, located in the NE1/4 of the SE1/4 of Section 21, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 6.1.1.4. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 of the NE1/4 of said Section 3. 6.1.1.5. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 6.1.1.6. ACWWA 70 Ranch Recharge Project Quantification Point. The ACWWA70 Ranch Recharge Project was decreed at paragraphs 37-41 of the decree entered in Case Nos. 02CW404/03CW442 (“404/442 Decree”). The Quantification Point for recharge accretions from the ACWWA 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ACWWA 70 Ranch Recharge Project accrue to the South Platte River at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. 6.1.2. SPR Reach 4. 6.1.2.1. Downstream End Point of South Platte River Reach 4 – Bijou Canal Headgate. SPR Reach 4 was decreed at paragraph 19.1.7 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate, located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said section. 6.1.2.2. 70 Ranch Reservoir. Located in
the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The preliminarily designed outlet structure for 70 Ranch Reservoir will allow releases from 70 Ranch Reservoir by gravity flow back to the South Platte River at a point in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Water may also be released to the Hardin Seep Canal and delivered to the South Platte River through an existing return ditch in the NW1/4 of the NW1/4 of Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3. SPR Reach 3. 6.1.3.1. Downstream End Point of South Platte River Reach 3 – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 19.1.6 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3.2. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River and deliver the substitute supplies from said Canal to Crow Creek in the NW1/4 of the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.3. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River to Lone Tree Creek, in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.4. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. ACWWA will deliver its sources of substitute supply to the confluence of the Cache la Poudre River and the South Platte River by: (1) conveying certain sources of substitute supply, as described in Exhibit 4, down the Cache la Poudre River to its confluence with the South Platte River; and/or (2) delivering certain sources of substitute supply, as described in Exhibit 4, to the confluence of Sand Creek and the Cache la Poudre River, which is located in the NW1/4 of the NW1/4 of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, immediately above the confluence of the Cache la Poudre River with the South Platte River. From the confluence of Sand Creek and the Cache la Poudre River, the sources of substitute supply will be conveyed in the Cache la Poudre River to the exchange-from point at the confluence of the Cache la Poudre River and the South Platte River. 6.1.4. SPR Reach 2. 6.1.4.1. Downstream End Point of South Platte River Reach 2 – Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 19.1.5 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.2. Strohauer Pond Accretions and Release. The point at which water recharged or discharged at the Strohauer Pond Recharge Site accretes to the South Platte River is located in the NE1/4 of the NW1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.3. Milliken Reservoir Outlet Structures. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. In addition, the North Diversion structure of the reservoir 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, can also operate as an outlet from Milliken Reservoir. 6.1.4.4. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion, described below. 6.1.4.5. Haren Recharge Accretions and Release. The point at which water recharged or discharged at the Haren Recharge Site accretes to the South Platte River is located in the SW1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.4.6. Drouhard Recharge Accretions and Release. The location at which water recharged or discharged at the Drouhard Recharge Site accretes to the South Platte River is located in the E1/2 of the SE1/4 of Section 24, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.4.7. Brownwood Augmentation Station. Lo-
cated in the NW1/4 of Section 25, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 4.6 miles down ditch from the Western Mutual Ditch headgate. 6.1.4.8. Farmers Independent Ditch Lower Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 1, Township 4 North, Range 66 West of the 6th P.M., Weld County Colorado. 6.1.4.9. Farmers Independent Ditch Pipeline. Located in the NE1/4 of the SE1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5. SPR Reach 1. 6.1.5.1. Downstream End Point of South Platte River Reach 1 – FIDCo Upper Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.5.2. Binder Reservoir. Located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water from the Binder Reservoir will be released to the South Platte River via the Binder Pipeline at a location on the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3. Brighton Lateral Accretions. The most downstream location of accretions from Brighton Lateral to the South Platte River will be within either the NW1/4 of the NW1/4, or the NE1/4 of the NW1/4, both of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.4. Fulton Irrigating Ditch Augmentation Stations. ACWWA will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) an existing augmentation structure located in the SW1/4 of the NW1/4 of Section 8, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the SE1/4 of the NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., Adams County, Colorado; and (2) an augmentation structure to be constructed in Section 3 of the Fulton Irrigating Ditch, in the NE1/4 of the SE1/4 of Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the NW1/4 of the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.5. United Reservoir No. 3 Discharge Point. The point of discharge from United Reservoir No. 3 to the South Platte River is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. 6.1.5.6. St. Vrain Pipeline (a/k/a “United Diversion Facility No. 5”). The point of discharge from the St. Vrain Pipeline to the South Platte River will be located in one of the following locations: (1) at a point located upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; (2) at a point upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SE1/4 of the SE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, or the SE1/2 of Section 25, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (3) at a point near the SW1/4 of the SE1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 6.2. Exchange-To Points. 6.2.1. SPR Reach 4. 6.2.1.1. 70 Ranch Reservoir Surface Diversion. The surface diversion facility for the 70 Ranch Reservoir will be located in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.2.2. SPR Reach 3. 6.2.2.1. Powell Spillway. Pumping depletions that accrue to the South Platte River at the Powell Spillway will be replaced at the SE1/4 of the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.2.2.2 Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. 6.2.3. SPR Reach 2. 6.2.3.1. Milliken Reservoir Diversion Points. Water will be diverted from the South Platte River at the following diversion facilities: 6.2.3.1.1. South Diversion. A point of diversion for Milliken Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam, on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado (referred to as the “South Diversion”). 6.2.3.1.2. North Diversion. A point of diversion for Milliken Reservoir may be located on the South Platte River, downstream of the confluence with the St. Vrain River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado (referred to as the “North Diversion”). 6.2.3.1.3. Milliken Pumps. Currently, a pump is located 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 and St. Vrain Rivers, in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.2.3.1.4. Western Mutual Ditch Headgate. The point of diversion for the Western Mutual Ditch Headgate is located on the South Platte River, in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water will be delivered to Milliken Reservoir through an interconnect between the Western Mutual Ditch and Milliken Reservoir. 6.2.3.2. Western Mutual Ditch Headgate. Described in paragraph 6.2.3.1.4, above. 6.2.4. SPR Reach 1. 6.2.4.1. Farmers Independent Ditch Headgate. The Farmers Independent Ditch headgate is located on the east bank of the South Continued to Next Page 58793
Littleton Englewood * 9
46 The Independent - The Herald Continued From Last Page 58793 Page 3 or 4 Platte River, in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. ACWWA will deliver water from the Farmers Independent Ditch headgate to the Drouhard Recharge Site. 6.2.4.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Substitute supplies exchanged and conveyed through Binder Pipeline will be delivered to Binder Reservoir. 6.2.4.3. United Diversion Facility No. 3. United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. Substitute supplies exchanged and diverted at United Diversion Facility No. 3 will be delivered to United Reservoir No. 3. Water stored in United Reservoir No. 3 can be delivered to Barr Lake through the Beebe Pipeline pursuant to the decree entered in Case No. 02CW403 (“403 Decree”). Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake the water can also be delivered through a drainage seep to and through Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. Water can also be delivered from United No. 3 through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. 6.2.4.4. Burlington Canal Headgate. The Burlington Canal headgate is, pursuant to a changed point of diversion approved in the 403 Decree, located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Substitute supplies exchanged and diverted at the Burlington Canal headgate will be delivered to Barr Lake. Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake, the water can also be delivered through a drainage seep to and through Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. ACWWA may also deliver water to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees. Water can also be delivered from the Burlington Canal through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 6.3. Rates on the Appropriative Rights of Exchange. 6.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 5. 6.4. Date of Appropriation. December 14, 2016. 6.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 6.4.2. Date Water First Applied to Beneficial Use. Not applicable. 6.5. Uses. Substitute supplies exchanged to the Exchange-To Points described above and discharged to the South Platte River may be: 6.5.1. Used by ACWWA to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 6.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project approved in the 306 Decree, or future recharge facilities in which ACWWA is legally permitted to recharge water. 6.5.3. Used to replace depletions from the pumping of ACWWA’s wells on 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Augmentation Plan approved in the 306 Decree, or future augmentation plans if separately decreed. 6.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ACWWA Beebe Draw Augmentation Plan approved in the 306 Decree, or future augmentation plans if separately decreed. 6.5.5. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees or future recharge facilities in which ACWWA is legally permitted to recharge water. 6.5.6. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ACWWA’s service area. 6.5.7. Used to meet ACWWA’s historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 6.5.8. Stored in the following surface storage facilities: 6.5.8.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.5.8.2. Serfer Pit, a lined offchannel reservoir located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 6.5.8.3. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.5.8.4. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.5.8.5. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 6.5.8.6. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.7. Binder Reservoir, an off-chan-
April 13, 2017A nel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.5.8.8. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.9. Any existing or future storage facility to which ACWWA is legally permitted to store water. 6.5.9. Use by ECCV. ACWWA may lease and/or trade exchange space available to the 2016 ACWWA SPR and St. Vrain Creek Exchange and water exchanged under the 2016 ACWWA SPR and St. Vrain Creek Exchange to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the 2016 ACWWA SPR and St. Vrain Creek Exchange as a source of supply or replacement water. 6.6. Sources of Substitute Supply for 2016 ACWWA South Platte River and St. Vrain Exchange. 6.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the 2016 ACWWA South Platte River and St. Vrain Creek Exchange. 6.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 6.7. Substitute Water Supply Projections. ACWWA shall make projections of the yield of the 2016 ACWWA Exchanges pursuant to the procedures described in paragraph 45 of the 306 Decree. ACWWA shall incorporate the projected yield into the augmentation plans approved in the 306 Decree pursuant to the notice of use procedures described in paragraph 17.3 of that decree. 7. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA Cache la Poudre River Exchange. 7.1. Exchange-From Points. 7.1.1. Greeley No. 2 Canal Augmentation Stations. ACWWA will deliver water associated with its changed shares in the New Cache la Poudre Irrigating Company and Cache la Poudre Reservoir Company to the Cache la Poudre and South Platte Rivers from the following locations: 7.1.1.1. A proposed augmentation return structure contemplated for construction near the Greeley Canal No. 2 headgate (the Headgate Augmentation Station); the turnout location off the Greeley Canal No. 2 would likely be within the NE1/4 of the SE1/4 of Section 11, Township 6 North, Range 68 West, of the 6th P.M., Larimer County, Colorado. 7.1.1.2. A proposed augmentation station (the Serfer Augmentation Station), located in the SE1/4 of the SW1/4 of Section 12, Township 6 North, Range 68 West, of the 6th P.M., Larimer County, Colorado. Water turned out from the Greeley No. 2 Ditch at this station would be delivered directly to Serfer Pit, where it could be stored or passed through to the Cache la Poudre River. 7.1.1.3. Law Ditch Augmentation Station, located in the NE1/4 of the SE1/4 of Section 15, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, delivers to the Cache la Poudre above the Greeley No. 3 Canal via the John Law Seepage Ditch. 7.1.1.4. A proposed augmentation station (the Orr Lateral Augmentation Station), located in the NW1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, on the Orr-Tollgate farm, to deliver to the Cache la Poudre above the Greeley No. 3 Canal. 7.1.1.5. Graham Seep Augmentation Station, located in the NW1/4 of the SE1/4 of Section 13, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water delivered through this station would enter the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.1.6. A proposed augmentation station (Carpenter Lateral Augmentation Station), located in the SE1/4 of the NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. It would deliver water to the Cache la Poudre River below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate, via the Carpenter Lateral and Graham Seep. 7.1.1.7. Eaton Draw Augmentation Station, located in the NW1/4 of the NE1/4 of Section 17, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre River below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.1.8. Lone Tree Creek Augmentation Station, located in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the South Platte River just below the Cache la Poudre confluence via Lone Tree Creek. 7.1.1.9. Lower Sand Creek Augmentation Station, located in the SE1/4 of the NW1/4 of Section 27, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre River below the Ogilvy Ditch headgate via Sand Creek. 7.1.1.10. Galeton Draw Augmentation Station, proposed to be located in the NE1/4 of Section 7, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. It would deliver to the South Platte River via Lone Tree Creek. 7.1.1.11. Gill Augmentation Station, proposed to be located on or close to the section line dividing Sections 22 and 27 in Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, could deliver water to the South Platte River via Crow Creek. 7.1.1.12. Lower Crow Creek Augmentation Station, located more or less on the quarter section line dividing the NW1/4 and SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. It delivers to the South Platte River a short distance above the Empire Ditch headgate. 7.1.1.13. Upper Crow Creek Augmentation Station, located in the SW1/4 of the NW1/4 of Section 16, Township 6 North, Range 63 West of the 6th P.M., Weld, County, Colorado. This Augmentation Sta-
tion delivers water to the South Platte River a short distance above the Empire Ditch headgate. 7.1.1.14. Upper Sand Creek Augmentation Station, located in the NW1/4 of the NE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. This Augmentation Station delivers water to the Cache la Poudre River below the Ogilvy Ditch headgate. 7.1.2. Whitney Irrigating Ditch. The Whitney Irrigating Ditch headgate is located on the north side of the Cache la Poudre River, near the NW corner of the SE1/4 of Section 19, Township 6 North, Range 67 West, in the 6th P.M., Weld County, Colorado. ACWWA may deliver water associated with its shares in the Whitney Irrigating Ditch Company to the Cache la Poudre and South Platte Rivers through augmentation stations pursuant to a future judicial or administrative proceeding. 7.1.3. Lake Canal Ditch. The Lake Canal Ditch headgate is located in the SE corner of Section 2, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. ACWWA may deliver water associated with its shares in the Lake Canal Ditch Company to the Cache la Poudre and South Platte Rivers through augmentation stations pursuant to a future judicial or administrative proceeding. 7.1.4. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 7.2. Exchange-To Point. 7.2.1. Serfer Pit. Diversions from the Cache la Poudre River into Serfer Pit will be made at the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado. The location of the Serfer Pit is shown on the map attached as Exhibit 2. 7.3. Rates on the Appropriative Right of Exchange. 7.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the 2016 ACWWA Cache la Poudre River Exchange are set forth in the Exchange Matrix attached as Exhibit 6. 7.4. Date of Appropriation. December 14, 2016. 7.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 7.4.2. Date Water First Applied to Beneficial Use. Not applicable. 7.5. Uses. Substitute supplies exchanged to Serfer Pit described above and discharged to the Cache la Poudre River may be: 7.5.1. Used by ACWWA to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 7.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project approved in the 306 Decree, or any future recharge facilities in which ACWWA is legally permitted to recharge water. 7.5.3. Used to replace depletions from the pumping of ACWWA’s wells on 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Augmentation Plan approved in the 306, Decree or future augmentation plans if separately decreed. 7.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ACWWA Beebe Draw Augmentation Plan approved in the 306 Decree or future augmentation plans if separately decreed, or future augmentation plans if separately decreed. 7.5.5. Used as a source of substitute supply for the appropriative right of exchange approved in the 283 Decree, the exchanges claimed herein, or future exchanges if separately decreed. 7.5.6. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project approved in the 306 Decree or any future recharge facilities in which ACWWA is legally permitted to recharge water. 7.5.7. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ACWWA’s service area. 7.5.8. Used to meet ACWWA’s historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 7.5.9. Stored in the following surface storage facilities: 7.5.9.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 7.5.9.2. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 7.5.9.3. United Reservoir No. 3, an offchannel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 7.5.9.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 7.5.9.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.6. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7.5.9.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.8. Any existing or future storage facility to which ACWWA is legally permitted to store water. 7.5.10 Use by ECCV. ACWWA may lease and/or trade exchange space available to the 2016 ACWWA Cache la Poudre River Exchange and water exchanged under the 2016 ACWWA Cache la Poudre River Exchange to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and
exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the 2016 ACWWA Cache la Poudre River Exchange as a source of supply or replacement water. 7.6. Sources of Substitute Supply. 7.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 7.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 7.7. Substitute Water Supply Projections. ACWWA shall make projections of the yield of the 2016 ACWWA Exchanges pursuant to the procedures described in paragraph 45 of the 306 Decree. ACWWA shall incorporate the projected yield into the augmentation plans approved in the 306 Decree pursuant to the notice of use procedures described in paragraph 17.3 of that decree. 8. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA Beebe Canal Exchange. 8.1. ExchangeFrom Points. 8.1.1. Highlands Reservoir. Highlands Reservoir is located in the Beebe Draw, as described above in paragraph 3.3.2. Water will be released to the Beebe Seep Canal through the outlet works of Highlands Reservoir. The location of the outlet structure for Highlands Reservoir has not yet been finally determined. The preliminary design anticipates that Highlands Reservoir will be gravity drained under Weld County Road (“WCR”) 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76, and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. An inlet structure from the Beebe Seep Canal, the potential locations of which are described above in paragraph 3.3.3.3, may be designed to also deliver water from Highlands Reservoir to the Beebe Seep Canal, and as an outlet structure it would also be an exchange-from point. 8.1.2. Milton Lake. Milton Lake is located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 8.2. Exchange-To Points. 8.2.1.Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado. 8.2.2. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado, approximately 390 feet from the north section line and 930 feet from the west section line. 8.2.3. DeSanti Headgate. The headgate for the DeSanti Parcel is located on the DeSanti Parcel, which is located in the SE1/4 of Section 11, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. 8.2.4. Highlands Reservoir Beebe Seep Canal Diversion(s). The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw, as described above in Paragraph 3.3.3.3. Water will be exchanged to these points from Milton Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 8.3. Rates on the Appropriative Right of Exchange. 8.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 7. 8.4. Date of Appropriation. December 14, 2016. 8.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 8.4.2. Date Water First Applied to Beneficial Use. Not applicable. 8.5. Uses. Water diverted by exchange under the 2016 ACWWA Beebe Canal Exchange will be used to satisfy ACWWA’s replacement obligations in the Beebe Draw and delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project approved in the 306 Decree, or any future recharge facilities in which ACWWA is legally permitted to recharge water. ACWWA may also lease and/or trade exchange space available to the 2016 ACWWA Beebe Canal Exchange and water exchanged under the 2016 ACWWA Beebe Canal Exchange to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the 2016 ACWWA Beebe Canal Exchange as a source of supply or replacement water. 8.6. Sources of Substitute Supply. 8.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 8.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 8.7. Substitute Water Supply Projections. ACWWA shall make projections of the yield of the 2016 ACWWA Exchanges pursuant to the procedures described in paragraph 45 of the 306 Decree. ACWWA shall incorporate the projected yield into the augmentation plans approved in the 306 Decree pursuant to the notice of use procedures described in paragraph
17.3 of that decree. 9. ACWWA’s Independent Claim to Appropriate Return Flows Associated with its Changed Shares in Fulton Irrigating Ditch Company (“ACWWA’s Fulton Shares”). 9.1. Name of Structure. Fulton Ditch, the decreed headgate location is near Section 9, between Sections 16 and 17, in Township 2 South, Range 67 West of the 6th P.M., Weld County, Colorado. 9.2. ACWWA’s Fulton Shares. Pursuant to the decree entered in Case No. 10CW313 (“313 Decree”), ACWWA changed its water rights associated with 182 shares in Fulton Irrigating Ditch Company. 9.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Fulton Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Fulton Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all purposes described in paragraph 9.7, below, the historical return flow portion of its irrigation season delivery of ACWWA’s Fulton Shares and the winter return flow portion of its previous irrigation season delivery of ACWWA’s Fulton Shares. 9.4. Appropriation Information. 9.4.1. Date of Appropriation. December 29, 2016. 9.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 9.4.3. Date water First Applied to Beneficial Use. Not applicable. 9.5. Source. South Platte River. 9.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ACWWA’s Fulton Shares, conditional. 9.7. Claimed Uses. 9.7.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares as a source of replacement water in the ACWWA/ECCV Augmentation Plan approved in the 306 Decree, for the pumping of water for delivery to ACWWA’s present and future service area from the ACWWA/ECCV Well Field. ACWWA also seeks to use the water attributable to its return flows associated with ACWWA’s Fulton Shares as a source of replacement water pursuant to the 70 Ranch Augmentation Plan approved in the 306 Decree. In addition, ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares as a source of replacement water in any future plans for augmentation. 9.7.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree, and in any other recharge facility in which ACWWA is legally permitted to recharge water. 9.7.3. Use in ACWWA’s Exchanges and/or Storage. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares, either directly or following storage, as a source of substitute supply for the appropriative right of exchange pursuant to the 283 Decree, and any other future exchange operated or decreed by ACWWA. ACWWA seeks to store and exchange the water attributable to its return flows associated with ACWWA’s Fulton Shares in Milliken Reservoir pursuant to the 283 Decree. ACWWA also seeks to store the water attributable to the return flows associated with ACWWA’s Fulton Shares in 70 Ranch Reservoir and Serfer Pit, and any other storage facility in which ACWWA is legally permitted to store water. 9.7.4. All Municipal Uses. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares for all municipal uses via augmentation and exchange. ACWWA’s municipal uses include, but are not limited to, domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the present and future service area of ACWWA. 9.7.5. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ACWWA claims the right to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 9.7.6. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA’s Fulton Shares Return Flows to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA’s Fulton Shares Return Flows as a source of supply or replacement water. 10. ACWWA’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Farmers Independent Ditch Company (“ACWWA’s FIDCO Shares”). 10.1. Name of Structure. Farmers Independent Ditch, the decreed headgate of which is located on the east bank of the South Platte River, in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10.2. ACWWA’s FIDCO Shares. In the decree entered in Case No. 12CW73 (“73 Decree”), ACWWA changed the place and type of use of 20 shares of the Farmers Independent Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 10.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Farmers Independent Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Farmers Independent Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ACWWA’s FIDCO Shares and the winter return flow portion of its previous Continued to Next Page 58793
Littleton Englewood * 10
The Independent - The Herald 47
7April 13, 2017
Getting out and getting going
PLAYS FROM PAGE 22
BY TOM SKELLEY TSKELLEY@COLORADOCOMMUNITYMEDIA.COM
Each spring, warm temperatures and an abundance of sunshine beckon Coloradans out of the house. Whether starting a workout regimen from scratch or just trying to get back to their pre-winter form, Dr. Kathy Vidlock of Colorado Orthopaedics in Lone Tree says the benefits of walking and running go beyond weight loss and physical fitness. “Exercise of any kind is beneficial for people with depression and anxiety. It helps relieve stress and it helps regulate sleep patterns. It helps all people rest more easily at night,” Vidlock says. “Walking is probably the most underrated form of exercise there is.” Vidlock offers other words of advice to help walkers and runners of all shapes, ages and sizes get the safest and healthiest workout on the trails, sidewalks and shopping mall floors in the area. Happy trails Vidlock says outdoor environments like trails and sidewalks provide the best psychological benefit, but indoor environments like the mall are better suited for rainy or cold days. Trails are softer than sidewalks and better suited for people who are just starting out or have joint pain. Concrete sidewalks provide more stability for those starting a running regimen who may be at risk for falls. Dress for success “Shoes can really help you or hurt you,” Vidlock says. She recommends going to a running or walking goods retailer to be fitted. Other recommendations are to wear layers of wicking fabric, material that draws perspiration away from the body, to prevent getting too hot during a run or walk, or getting damp and cold as the workout ends. Get going A good goal for beginners is to work up to a routine of walking for 30 minutes at a time, three times a week. Adding short bursts of intensity to the walk, which Vidlock describes as “a point where maintaining a conversation becomes difficult,” will maximize benefits to the heart and lungs. After establishing a routine, she recommends walking for nine minutes and Continued From Last Page 58793 Page 4 or 4 irrigation season delivery of ACWWA’s FIDCO Shares. 10.4. Appropriation Information. 10.4.1. Date of Appropriation. December 29, 2016. 10.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 10.4.3. Date Water First Applied to Beneficial Use. Not applicable. 10.5. Source. South Platte River. 10.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ACWWA’s FIDCO Shares, conditional. 10.7. Claimed Uses. ACWWA’s claimed uses for the water attributable to the return flows associated with ACWWA’s FIDCO Shares are described above in paragraph 9.7. 11. ACWWA’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Weldon Valley Ditch Company (“ACWWA’s Weldon Shares”). 11.1. Name of Structure. Weldon Valley Ditch, the decreed point of diversion of which is located on the North bank of the South Platte River, in the SW1/4 of the NW1/4 of the SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. 11.2. ACWWA’s Weldon Shares. In Case No. 11CW151/05CW58 (“151 Case”), ACWWA changed the place and type of use of 62.625 shares of the Weldon Valley Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 11.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Weldon Valley Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Weldon Valley Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery
Steve and Tonia Smith of Colorado Springs go for a run to take in some scenery and get exercise. Dr. Kathy Vidlock of Colorado Orthopaedics recommends people try to walk for 30 minutes three times a week to get started on an exercise regimen. PHOTO COURTESY OF DR. KATHY VIDLOCK OF COLORADO ORTHOPAEDICS.
running for one, then adding a minute of running and reducing a minute of walking each week. Talk with your doc Vidlock recommends consulting your doctor to make sure you’re physically able to begin a walking or running regimen, especially if you have a family history of heart disease or lung problems. She also cautions individuals with musculoskeletal or joint instability to consult their physician before pounding the pavement. Keep going “The first couple of weeks are always the hardest,” Vidlock says. “If you know that there are going to be times when you don’t really feel like running, it will be easier for you to keep going.” She also advises inviting others to join in and reminding yourself of health benefits to stay motivated at first. Maintaining a routine for four to six weeks makes it more likely it will become part of your lifestyle. Treat yourself Rewards are a great way to motivate yourself to begin and maintain a walking or running routine, as long as the reward isn’t chocolate cake. Vidlock says other types of rewards, like a new pair of shoes or exercise equipment, can be just as motivating, and less self-defeating.
of ACWWA’s Weldon Shares and the winter return flow portion of its previous irrigation season delivery of ACWWA’s Weldon Shares. 11.4. Appropriation Information. 11.4.1. Date of Appropriation. December 29, 2016. 11.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 11.4.3. Date Water First Applied to Beneficial Use. Not applicable. 11.5. Source. South Platte River. 11.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ACWWA’s Weldon Shares, conditional. 11.7. Claimed Uses. ACWWA’s claimed uses for the water attributable to its return flows associated with its Weldon Shares are described in above in paragraph 9.7. 12. Change in Use of ACWWA’s Previously Changed Water Rights. 12.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92-305(3)(e), ACWWA seeks to change the previously-quantified water rights described below (collectively, the “Previously Changed Shares”) to allow such water to be used and stored as described below. 12.1.1. Fulton Irrigating Ditch Company Shares. In the 313 Decree, ACWWA originally changed 182 shares of Fulton Irrigating Ditch Company from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses, either directly or following recharge and/or storage. 12.1.2. Farmers Independent Ditch Company Shares. In the 72 Decree, ACWWA originally changed 20 Farmers Independent Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.3. Weldon Valley Ditch Company Shares. In Consolidated Case Nos. 11CW151/05CW58, ACWWA changed 62.625 Weldon Valley Ditch shares from irrigation use to
municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.4. New Cache la Poudre Irrigating Company (“NCLPIC”) and Cache la Poudre Reservoir Company (“CLPRC”) Shares. In Case No. 13CW3026, ACWWA is seeking to change 96 shares in the NCLPIC and 20 shares in the CLPRC from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses as more fully described in the application and proposed decree in that case. 12.2. Replacement of Return Flow Obligations. The decrees for the Previously Changed Shares require Applicants to meet historical return flow obligations in time, place, and amount as more fully described in the relevant decrees. ACWWA seeks the ability to meet these return flow obligations using any of the water rights described in Exhibit 4, so long as those rights have been decreed for use for augmentation, replacement, or substitution. Additionally, ACWWA seeks the ability to use any future acquired water rights to meet these return flow obligations to the extent that future acquired sources are decreed for augmentation, replacement, or substitution purposes. 12.3. Additional Uses. To the extent the Previously Changed Shares are not already decreed for such purposes, ACWWA seeks to add the following as permissible uses of the Previously Changed Shares. 12.3.1. Augmentation Plans. ACWWA may use its Previously Changed Shares in the augmentation plans decreed in Case No. 10CW306 and any future augmentation plans sought by ACWWA. 12.3.2. Recharge Facilities. ACWWA may use its Previously Changed Shares in the recharge facilities previously decreed in Case Nos. 10CW306, the recharge facilities sought in this application, and any other existing or future recharge facilities to which ACWWA may legally recharge wa-
pretty confusing if one seeks a linear plotline. (Don’t bother!) Dance numbers, with a bluegrass flavor, are choreographed by Kelly Kates and the music director is Donna Debreceni. Enjoy this one for its colorful collection of backwoodsy characters and upbeat music. • Science fiction fans are the target audience for Jennifer Haley’s play, set in a virtual wonderland. “The Nether” is presented as a first offering by the new Benchmark Theatre Company at the Buntport Theater (though very different from Buntport company’s witty productions). The central set is the bedroom of an old house, in Sims/Papa’s virtual world, where people fulfill some unacceptable fantasies. Just log in and choose an identity … On the outside, in the real world, is the office of detective Morris (Haley Johnson), who suspects something is going on and interviews Papa and his clients, who each have a storyline. Johnson is company co-founder with director Rachel Bouchard. Papa is well-played by local actor Marc Stith, also a company member, and the clients who enter his world are Doyle (the excellent Jim Hunt) and another detective type, Woodnut (Cameron Varner). In the Nether, they meet 12-year-old Iris (talented young Ella Madison, who happily said in an after-show talk-back, “I like to be someone else!”). • A hot, humid Louisiana trailer park, in 1991, is a crowded home for Wanda (Kelly Uhlenhop) and Al (Robert Michael Sanders) and their four kids in “Baby Dance.” Pregnant with a fifth child she does not want, the desperate Wanda runs a newspaper ad and connects with a well-off childless couple and a lawyer who handles such matters. The prospective mom, Rachel (Megan Van De Hey), appears to get acquainted shortly before the baby is due to arrive, and is obviously uncomfortable with the trailer trash lifestyle, although she tries to keep calm. Al appears on the scene, swearing at the neighbors and their dog and generally hostile. His angle is to see how much money he can extract from Rachel and her husband Richard (Josh Levy). Sanders plays nasty guy really well in this piece. The scene moves to the hospital, where baby arrives and lawyer Ron (Gracen Porecca) joins the scene, conferring with Richard and deflecting Al’s requests for a new car. This poignant tale is well-presented by Cherry Creek Theatre Company in its new home at the Mizel Arts and Culture Center.
ter. 12.3.3. Exchanges. ACWWA may use its Previously Changed Shares in the exchanges previously decreed in Case No. 09CW283, the exchanges sought in this application, and any future exchanges operated or decreed by ACWWA. 12.3.4. Storage. ACWWA may store its Previously Changed Shares in the following surface storage structures for subsequent delivery into ACWWA’s or ECCV’s municipal system or for use as a source of augmentation, replacement, recharge, exchange or substitute supply: 12.3.4.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 12.3.4.2. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 12.3.4.3. Highlands Reservoir, an offchannel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 12.3.4.4. Any existing or future storage facility to which ACWWA is legally permitted to store water. 12.3.5. Replacement of Return Flow Obligations. ACWWA may use its Previously Changed Shares to replace return flows obligations associated with the Previously Changed Shares and well as the return flow obligations of any other water rights changed by ACWWA in the future. 12.3.6. Use by ECCV. ACWWA may lease and/or trade water attributable to the Previously Changed Shares to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in
Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the Previously Change Shares as a source of supply or replacement water. (45 pages, 7 exhibits). 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 MAY 2017 (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.: 58793 First Publication: April 13, 2017 Last Publication: April 13, 2017 Publisher: Englewood Herald and the Littleton Independent
Littleton Englewood * 11
48 The Independent - The Herald
April 13, 2017A