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December 18, 2014 VOLU M E 1 1 9 | I S S UE 46 | 7 5 ¢
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ElbertCountyNews.net E L B E R T C O U N T Y, C O L O R A D O
A publication of
Sheriff to get 7 new vehicles Commissioners approve $356,000 for purchase By Rick Gustafson
Special to Colorado Community Media
The Elizabeth High School cheer squad competes at the State Spirit Championships in Denver on Dec. 6. Photos by Rick Gustafson
Cards move up in cheer results Squad takes 22nd spot at state championships By Rick Gustafson
Special to Colorado Community Media
POSTAL ADDRESS
ELBERT COUNTY NEWS (USPS 171-100)
OFFICE: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129
The Elizabeth High School cheer squad made the trip north for Day 2 of the Colorado High School Activities Association’s State Spirit Championships in Denver on Dec. 6. The twoday event at the Denver Coliseum drew more than 200 teams from Colorado high schools to compete for the title of state champions in their respective divisions. The categories included cheer, pompon, jazz, co-ed, and hip-hop. “They have been practicing this routine since August,” said second-year cheerleading coach Katie Rothe just before her squad took to the competition floor. “They’re young, but they’re going to do a great job. I’m really excited.” The cheer “red, black,” echoed through the coliseum as the squad’s veterans, seniors Jordan Byrd and Alycia Legge, junior Shelby Otte and sophomore Regan Kearns competed alongside four members making their debut at the state championships, sophomores Heather Philis, Kerah Clouse, Nadia Gunn and Megan Gleman. Cheer continues on Page 13
Karah Clouse, top, and Heather Philis compete for the Cardinals at the State Spirit Championships in Denver.
PHONE: 303-566-4100 A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media. PERIODICALS POSTAGE PAID AT ELIZABETH, COLORADO and additional mailing offices.
In a unanimous vote, Elbert County commissioners approved resolutions to replace seven aging sheriff’s office vehicles. The two resolutions passed at the board of commissioners’ regularly scheduled meeting on Dec. 10 authorize the finance and purchase of two Dodge Chargers, one Dodge Durango and four Dodge Ram pickups. The county plans to enter into a five-year, 2.7 percent financing deal with Kansas State Bank for the $356,000 required for the purchase of the vehicles and make quarterly payments of a little over $19,000. The cost of the new vehicles was included in the 2014 budget, but the BOCC delayed the purchase until the end of the year to ensure the funds were available. “In 2014, we didn’t execute this because our revenues weren’t what we felt they needed to be until just recently,” County Manager Ed Ehmann told the BOCC on Dec. 10. “We’re at a point where we are comfortable replacing these vehicles.” Part of the $356,000 price tag includes the upfit costs from the vehicles’ standard equipment to make them serviceable as a police car. The upfit is equipment essential to law enforcement vehicles, including internal cages, consoles for lights, decals and racks for electronic equipment and new radios. In order to handle the increased electrical draw from additional electronic equipment and lighting, the vehicles also require a more powerful alternator and heavier wiring than an off-the-shelf model. The typical life cycle of a vehicle in Elbert County begins with the sheriff’s department. As they age and become less reliable for police service, they are transferred to less rigorous duty either within the Public Works Department or into the county’s fleet of pool vehicles. “We’re in a replacement program where we start out with our fleet in the sheriff’s department and as they reach 75,000 miles or so we transfer them into other departments or into our pool,” Ehmann said. Pool vehicles are used for county business as well as some commuting by public officials and staff authorized to do so. As cars reach the end of their service life or if wrecked, the county retires them and sells them for their salvage value. The vehicles purchased under the resolutions passed last week are slated to replace cars and trucks that the county salvaged or surplused earlier this year and will not result in the retirement of any additional county vehicles.
POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 DEADLINES: Display: Thurs. 11 a.m. Legal: Thurs. 11 a.m. | Classified: Mon. 10 a.m. G ET SOCIAL WITH US
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Elizabeth High coach Katie Rothe gives some last-minute advice to her cheer squad.
The Elbert County Sheriff ’s Office is poised to get seven new vehicles. Photo by Rick Gustafson
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2 Elbert County News
December 18, 2014
Goodbye to a great friend of libraries Last week, the Elbert County library community lost a lifelong library supporter. Nancy Orth passed away after a battle with cancer. Nancy began her library career in the 1970s driving a bookmobile to small, remote communities on the eastern plains of Colorado. From there she worked as the manager of the Kiowa Library, which at that time was a very small and underfunded county department. Nancy saw that technology was going to be the future of libraries, so she returned to school to become an expert in library technology. Nancy went to work for the Plains and Peaks Regional Library System, where she worked as the technology consultant until the system closed in the early 21st century. In this position she brought small libraries into the computer age. She helped set up local networks and taught classes on all aspects of computer use in libraries. Nancy was instrumental in setting up the Automation System Consortium of Colorado in the 1990s, which has since
morphed into AspenCat. This project enabled small, rural libraries from all over Colorado to become automated for the first time and to have their catalogs available for future projects such as statewide interlibrary loan. Nancy spent countless hours on this project, traveling to outlying areas to get computers set up, records automated and staff trained. It would be hard to overstate the impact that this work had on moving rural libraries in Colorado into the automation age. The Pines & Plains Libraries joined AspenCat just this year. I don’t know how
DOUGLAS-ELBERT COUNTY Music Teachers’ Association meets at 9
a.m. every first Thursday at Parker Bible Church, between Jordan and Chambers on Main Street. All area music teachers are welcome. Call Lucie Washburn, 303-814-3479.
THE ELBERT County Sheriff’s Posse is a nonprofit volunteer organization
that is part of the Elbert County Sheriff’s Office. As volunteers we support the Elbert County Sheriff’s Office, all law enforcement in our county, and the community at large. For more information or a membership application, go to http://www.elbertcountysheriff.com/posse.html, or contact Dave Peontek at 303-646-5456.
THE ELIZABETH Food Bank, 381 S. Banner in Elizabeth (next door to Elizabeth Presbyterian Church) needs to let the public know that we are available to help anyone who needs food. The hours are Friday 12:30-3 p.m. and Saturdays from 9-11:30 a.m. Other times by appointment. LAWYERS AT the Library, a free legal clinic for parties who have no attorney, will be offered from 6-9 p.m. the second Tuesday of every month at the Elizabeth Library, 651 W. Beverly St. Volunteer attorneys will answer questions, help fill out forms and explain the process and procedure for the areas of family law, civil litigation, criminal defense, property law, probate law, collections, appeals, landlord-tenant law and civil protection orders. Walk-ins are welcome. Everyone will be helped on a first-come, first-served basis.
many of our current staff are aware of the contributions that Nancy made in helping bring this system to life. More locally, Nancy was a key player in the formation of the Elbert County Library District in 2000. She had a major role on the campaign committee and made many persuasive presentations to local groups and individuals about the importance of voting for the district. After the campaign to form the library district was successful, Nancy spent several years helping the newly formed district with technology issues and served on the library board of trustees. In 2010 Nancy once again stepped forward to help with the statewide library advocacy project and made presentations to groups around the county highlighting the transformative power of libraries. Nancy served on the board of trustees for the first decade of the district’s existence, stepping down from the board in 2010 because of life-threatening health issues. She continued to support libraries through her membership and participa-
AREA CLUBS MYSTERY BOOK Club meets at 9:30 a.m. the first Saturday of each month at the Simla Public Library. The group enjoys talking about a variety of mystery authors and titles. We also periodically host a Colorado author during our meetings. Everyone may join us, and registration is not required. Visit the Simla Branch of the Elbert County Library District at 504 Washington Avenue, call 719-541-2573, or email farabe@ elbertcountylibrary.org.
THE OUTBACK Express is a public transit service provided through the East Central Council of Local Governments is open and available to all residents of Cheyenne, Elbert, Kit Carson and Lincoln counties and provides an economical and efficient means of travel for the four-county region. Call Kay Campbell, Kiowa, at 719- 541-4275. You may also call the ECCOG office at 1-800-825-0208 to make reservations for any of the trips. You may also visit http://outbackexpress.tripod.com. To ensure that a seat is available, 24-hour advance reservations are appreciated. OVEREATERS ANONYMOUS meets from 10-11 a.m. and from 7-8 p.m.
Wednesdays in the Sedalia Room at New Hope Presbyterian Church, 2100 Meadows Parkway, Castle Rock.
SENIORS MEET in Elizabeth every Monday at 11 a.m. for food, fun and fellowship at Elizabeth Senior Center, 823 S. Banner St. Bring a dish for potluck on the first Monday of each month. Other Mondays, bring a sack lunch. Bingo, games and
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tion in the Kiowa Friends of the Library — back where it all began. She was also a reliable and generous supporter of the Elbert County (Pines & Plains) Libraries Foundation. I had the honor of working with Nancy for my first four years as a director, frequently calling on her institutional memory, both of Elbert County and of the network of libraries she worked with over the decades. It is with great sadness that I learned of her passing. Jan Gabehart co-wrote this week’s column. Kari May lives in Elizabeth and is the director of the Pines & Plains Libraries. She can be contacted through the library at director@elbertcountylibrary.org. Pines & Plains Libraries is an independent taxing entity created by a vote of the citizens in 2000 and serves all residents of Elbert County. The district is funded primarily through a mill levy assessed on properties. Visit pplibraries. org for more information about the variety of information and resources available through your libraries.
socializing. New leadership. Call Agnes at 303-883-7881 or Carol at 303-646-3425 for information.
CYCLE CLUB meets at 9 a.m. Saturdays in the parking lot of Southeast Christian Church. Tour the streets of Parker, Elizabeth and Castle Rock. Call John at 720-842-5520. PARKER ARTISTS Guild presents free art classes for kids and teen on the second Saturday of each month at Hobby Lobby at Parker Road and Mainstreet. Lessons and Lemonade classes for ages 10-12 are at 9:30 or 11 a.m., and the Teen Art Studio for grades 7-9 are at 1 or 3 p.m. Reservations required by the Wednesday before class. Go to www.parkerartistsguild.com and click on Youth Programs. 20 students maximum. HILLTOP SOCIAL Club has been an active women’s club in the Parker area since 1921. We meet the second Thursday of each month at noon at the Hilltop Schoolhouse at Flintwood and Democrat Roads. The ladies have maintained the schoolhouse since 1954 for community use, and the preservation of the history of the Hilltop area. For more information please call Be at 303-841-4581, or Fran at 303-841-9655. Clubs continues on Page 7
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Elbert County News 3
December 18, 2014
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4 Elbert County News
December 18, 2014
VA catches heat for hospital dispute Congressional delegation blasts agency’s actions By Vic Vela
vvela@coloradocommunitymedia.com Colorado’s congressional delegation last week blasted the Department of Veterans Affairs for its handling of a construction contract dispute that has further delayed the building of a new VA hospital and has left hundreds of workers in limbo. A fast-moving news cycle began on Dec. 10, when a federal civilian board of appeals ruled that the VA was in breach of contract with the group it hired to build a state-of-theart veterans hospital in Aurora. The contract dispute was over money. The contractor, Kiewit-Turner, claimed it could not finish work on the project at the price tag that the VA had originally set, which was $582.8 million. Kiewit-Turner said it would take about $1 billion to finish the work. The Civilian Court of Contract Appeals
ruled in favor of Kiewit-Turner, which resulted in the contractor abruptly stopping work at the site, located at Interstate 225 and Colfax Avenue. About 1,400 construction workers were employed at the site. “Where we are right now is really unfortunate,” Republican Congressman Mike Coffman told Colorado Community Media. Coffman’s 6th Congressional District is primarily made up of Aurora, Centennial, Highlands Ranch and Littleton. “Workers lost their jobs right before the holidays and it’s unfortunate for taxpayers who foot the bill and the veterans who earned health-care benefits that this hospital is needed to deliver.” The day after the appeals board ruling was handed down, Coffman and every other member of Colorado’s congressional delegation attached their signatures to a letter to VA officials and higher-ups at Kiewit-Turner, urging the two to come together to find a solution. “We are deeply concerned about this situation and urge VA and KT to immediately
negotiate a path forward for this project,” the letter reads. In the letter, the elected officials urged, “in the strongest terms possible,” for the negotiations to result in a modified contract that will allow construction to continue for 60 days while a long-term contract is worked out. Any long-term contract will be handled by the Army Corps of Engineers, rather than the VA. That’s because on Dec. 11, the VA agreed to hand over construction oversight on the Aurora project to the Corps. The next day, Coffman announced that he will introduce legislation to strip away the VA’s authority to manage all future construction projects.
DA drops burglary charges against woman Donna Gregory cleared of any wrongdoing By Chris Michlewicz
Elizabeth United Methodist Church Christmas Eve Family Worship
cmichlewicz @coloradocommunitymedia.com
Carols and Candlelight 4:00 & 6:00 p.m. 724 E. Kiowa Ave (Hwy 86) Elizabeth, CO (Turn at the car wash) www.elizabethunitedmethodists.org 303-646-1870
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Coffman cited a Government Accountability Office report that shows VA projects in four cities, including Aurora, to be hundreds of millions of dollars over budget and almost three years behind schedule. “Really, this is a pattern of total mismanagement by the VA in major construction projects,” Coffman said. Democratic Congressman Ed Perlmutter said in an emailed statement that the VA wanted a $1 billion medical center, but “the project was never redesigned to fit” the near$600 million contract budget. “There has been a serious dispute between the VA and the prime contractor for too long,” Perlmutter said.
All charges were dropped against a woman arrested in connection with the burglary of her grandparents’ Parker home. The 18th Judicial District Attorney’s Office asked Douglas County Court Judge Susanna Meissner-Cutler to dismiss the case against Donna Gregory, 18, after investigators did not find enough evidence to ensure “success at trial,” said Brian Eckhardt, deputy district attorney. Kathy Maguire, Gregory’s public defender, slammed the investigation during a Dec. 11 hearing at the Douglas County Justice Center in Castle Rock. She said the charges were the result of statements by one suspect, Timothy Jayne, an ex-boyfriend who said Gregory took part in the alleged crime. “There actually was zero evidence that she had contact with Mr. Jayne,” Maguire said. “This investigation was tainted.” Sgt. Ron Hanavan, public information officer for the Douglas County Sheriff’s Office,
said detectives took the correct action. “We completed a thorough investigation and based on the totality of the information gathered throughout the investigation, and probable cause, the appropriate judicial process was followed,” Hanavan said. Criminal cases against the three men arrested for their alleged roles in the burglary — Jayne, Dalton Evans and Holden Verdos — will continue. Michelle Yi, spokeswoman for the district attorney’s office, declined comment because “we don’t want to compromise those cases.” Maguire said Jayne was “led” by investigators to make statements implicating Gregory, prompting police to label her as the “mastermind.” Gregory’s grandparents, the alleged victims of the burglary, took out a restraining order against their granddaughter based on the police investigation, Maguire said. Gregory later passed a polygraph test, Maguire noted. Jayne, Evans and Verdos are still in custody, but Gregory posted a $45,000 bond shortly after her arrest in late September and has remained free since. Investigators will return Gregory’s cell phone and clothes to her, and Meissner-Cutler said Gregory can call the Colorado Bureau of Investigation to have them destroy a DNA sample taken during the investigation.
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6 Elbert County News
December 18, 2014 PAID ADVERTISEMENT
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El Paso County - If you suffer with knee arthritis pain, you have probably already tried many treatments... especially countless pain medications. Experienced doctors understand that, even though pain medications such as anti-inflammatory pain pills are part of the recommended early treatment plan for knee arthritis pain...they are rarely the answer. In most cases they have minimal results (if any) and have a laundry list of potential side effects. Some being serious and even life threatening. Are There Any Better Options? Thankfully, advancements in science and technology come extremely fast. And now there is a very good option for knee arthritis to help relieve the pain. An option that a lot of knee arthritis sufferers have never heard of... and even worse... have not been properly informed about. Before we get into the actual treatment, please understand this... Osteo Relief Institute is a real medical clinic that has treated thousands of knee arthritis sufferers. Patients travel from all over the country to be treated at their clinic because they want the best medical treatments available. What you are about to discover is a REAL medical treatment. Not a miracle cure you see on infomercials or on the internet. Know this fact: There is no cure for arthritis. But there is this treatment that... when performed correctly and with the proper technology... has already helped thousands
of knee arthritis sufferers possibly just like you. Even if you have heard of this treatment - or even tried it without good results - please read this. You will find out why it may not have worked for you and how you may be able to get much better results. What is This Treatment? This treatment is called viscosupplementation. And it has gained quite a bit of popularity in recent years and it has gotten mixed results for a couple of reasons. But before we get into that, here’s what you need to know about viscosupplementation. When you have arthritis, you suffer a decrease in the cushioning and lubricating fluids in your knee. In other words, your knee joint basically “dries up.” The lubricating fluid that decreases is called “synovial fluid.” Pharmaceutical companies (with the help of scientists) can now make natural synovial fluid gellike compounds that, during viscosupplementation treatments...doctors can precisely introduce directly into the knee and other joints. This helps replace the lubricating fluid to the knee joint - allowing it to move more freely and smoothly and often decreasing or even eliminating the pain. What Results Can Be Expected? Like all medical treatments, the results vary and can not be predicted. But many knee arthritis sufferers get dramatic results. It is not uncommon for patients to either postpone knee replacement surgery for years... or even permanently cancel it.
But There Is A BIG Problem The key is the treatment must be EXTREMELY PRECISE. If the injection is slightly off, the medication will not get into the knee joint and the treatment will not work. That’s why the experts at Osteo Relief Institute use advanced digital imaging so they can see the medicine going directly into the knee joint during the treatment. Research shows that doctors performing joint injections without imaging miss the joint as much as 30% of the time. If you have tried viscosupplementation without this special digital imaging without good results - this may be why. That’s why Osteo Relief Institute takes it even one step further. They do not just use one step process of advanced imaging during treatment - they use two in their “double confirmation” process. This is to ensure patients get the best possible results. Another Important Factor Viscosupplementation medications also come in several different brands and chemical make-ups. Just like all medications, some people respond better to some than others. While many doctors only use one brand, the experts at Osteo Relief Institute use several and great effort is taken to figure out what the best one for YOU is. One last thing: The experts at Osteo Relief Institute have found that the earlier you start Viscosupplementation the better. This is most likely because the longer you wait - the more joint destruction takes place. That’s why Osteo Relief
Advanced Imaging Allows Doctors To Pin-Point Treatments And Relieve Knee Arthritis Pain
Science rescues knee arthritis sufferers? Research shows joint injections done without advanced imaging misses the joint about 30% of the time. Now doctors can put lubricating fluid directly into the arthritic joint that may alleviate pain and restore function to many.
is now seeing so many patients as young as 45. Summary: If you have knee arthritis pain and have not tried Viscosupplementation, you should look into it as soon as possible. If you have tried it without good results, you may still be able to get great results with the proper imaging and specific medication Who Should Try This Treatment? Not everyone is a candidate for this treatment. But if you are, there is a good chance you may relieve some... or possibly all of your pain. You are a potential candidate for this treatment if you have knee pain and have not gotten good results from antiinflammatory medication or other common arthritis treatments. Especially if you have already tried viscosupplementation without good results. The best way to tell if you are a good candidate for this treatment is to be screened by one of
the doctors at Colorado Springs, CO. What To Do Next If You Are In Pain: Your Invitation Osteo Relief Institute offers a limited number of complimentary knee arthritis treatment screenings every month. These screenings are a way for knee arthritis sufferers to get some of their questions answered and see if they are a candidate for this treatment. If you would like a complimentary screening, just call 719-323-6612 and tell the scheduling specialist who answers the phone, “I would like a complimentary knee arthritis screening.” The screenings fill up fast every month. If you do not call in time to get one this month, the specialist will schedule you for next month. This screening is no cost and no obligation. This treatment is covered by many insurance plans and Medicare.
Non-Surgical Spine Pain, Vein Treatment, And Joint Arthritis Relief
HOW IT WORKS: With The Proper Advanced Imaging And Technology Joint Cushioning and Lubricating Medication is Placed Precisely In The Arthritic Knee Joint To Relieve Stiffness And Pain
WARNING: This Treatment Can Fail When Done Without This Advanced Imaging
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Elbert County News 7
December 18, 2014
NOW HIRING FOR OUR NEW LOCATION IN AURORA LOCATED AT 25701 E. SMOKY HILL ROAD
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Clubs Continued from Page 2
PARKER SCOTTISH Country Dance meets from 7-9 p.m. Thursdays at Parker Mainstreet Center, 19650 E. Mainstreet. The cost is $4 per class. Call Sam Reynolds at 303-805-1446 or sam@ SpinwardStars.com. THE PARKER Sunrise Lions Club is a service club that supports the Parker community. Meetings are at 7 a.m. the first and third Wednesdays of each month at Fika Coffee House on Mainstreet, in the old section of Parker. Join us. We have fun while doing good. For information, contact Lonnie Farmer at 303-841-3332. PARKER TOASTMASTERS Club “Where Leaders Are Made” meets from 7-8 p.m. every Thursday in Room 206 on the second floor at Southeast Christian Church, 9560 Jordan Road, Parker. Club is open to all. For information, visit www.parkertoastmasters. com, or call Eric Dunham at 303-386-6119. PARKER WRITERS Group memberships and monthly workshops are free and open to anyone interested in writing. Our members range from new writers to internationally published authors. The group meets from 2-4 p.m. the second Sunday of each month at the Parker Library, 10851 S. Crossroads Drive, Parker. Go to www.parkerwritersgroup.org or contact parkerwritersgroup@gmail. com for event details. THE SOUTH East Beekeeping Club. This Beekeeping Club meets the first Wednesday of every month at the North Pinery Firehouse, Parker, at 6:30-8:30 p.m. We welcome all levels of beekeeping from no-bees to wanna-bees to tons of bees. Our meeting time is spent solving beekeeping challenges, networking and refreshments. There is no fee for this meeting and a lending library is available. The South East Beekeeping Club was formerly called the High Prairie Bee Club. For more information, call Louise at 303 840 7184.
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TEEN LIBRARY Council. Douglas County Libraries’ teen groups meet monthly to help plan events, weigh in on library materials and serve the library community. Members earn community service hours toward graduation requirements. For information about a group at a library in your area, call 303-791-7323 or visit with a youth librarian.
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8-Opinion
8 Elbert County News
Y O U R S
OPINION
December 18, 2014
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O U R S
A publication of
9137 Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 Phone: 303-566-4100 Fax: 303-566-4098 On the Web: ElbertCountyNews.net Get Social with us
GERARD HEALEY President and Publisher CHRIS ROTAR Editor VIC VELA State Desk and Legislative Editor RON MITCHELL Local Sales Manager THERESE DOMBROWSKI Marketing Consultant
It’s time for a holiday from the holidays Where did Christmas go? And when? I wonder if home-shopping channels had anything to do with it. They start advertising Christmas merchandise in September. And I begin to see Santa snowboarding on a Norelco in November. Christmas used to be a day, and then it was a few days. It was a few days of shopping and anticipation, and now it’s a season. I am not here to humbug it: I just want to know when it all changed. And it has all changed, at least for me. If you are half my age, Christmases that start in September are all you know. Christmas has become a monster, really. It bares its red and green teeth on the day after Thanksgiving, the most heinous day of the year. Some families make Black Friday an annual event. Line up in the night, and scramble into stores when they open. I would lose my mind. I am uncomfortable around people to begin with, and being around a lot of them with that intent would be unbearable. And it all starts to go back the day after Christmas. I don’t understand. But I don’t understand a lot of things. Why anyone would watch reruns of “Murphy Brown,” unless they lost a bet. I have a friend who couldn’t be happier that Christmas music is played in November, and I am sure that I offend him when I say that it is criminal. Every year he reads “A Christmas Carol.”
That’s good. Dickens was brilliant. I sent my friend a copy of the book, printed in the 19th century. That seems like a wonderful tradition. I think we all know the story, but we forget the wording, which is clever and descriptive and unlike any other wording in literature. (By the way, “What the dickens?” and similar phrases, do not refer to Charles Dickens. Answer below.) My parents kept all of our Christmas decorations in a great big box. The box went with us from Michigan to Pennsylvania, California, Ohio, Tennessee and back to Michigan. Every year we got it out. The colorful cardboard boxes that the tree lights were in preserved the unmistakable smell of accumulated years. Eventually, in my 50s, I petitioned to avoid Christmas travel, and it was approved. Flying back and forth that week was never fun. I sometimes wound up spending the night in airports or in airport hotels. In 1955 all I had to do was walk down-
stairs. We were living near Uniontown, Pa. My father was selling Buicks. There was a Christmas parade. The four of us were in a Buick convertible. Santa was in the back seat. He was. He waved to the crowd, which wasn’t very crowded, and threw candy canes at people. He didn’t have much of an arm. When we reached the end, and it was time to go home, Santa asked my father for a ride. I leaned forward to hear the address, thinking that it might be Canada at the very least and that we were in for a long night. Santa lived a few blocks from us. There was nothing special about his house. I didn’t see a single elf or a single reindeer. I began to have doubts. Now I have doubts about other things. We are smothered with covenants out here — that generally, now, go unchecked — but there are no aesthetic covenants when it comes to exterior Christmas decor. I guess that’s OK. I look at it this way: The kids in those houses don’t know aesthetics from tinsel yet, but they know colorful lights, and maybe they know great expectations. “Dickens” is a euphemism for the devil. I drink eggnog. Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at craigmarshallsmith@comcast. net.
Set alarm, and set out on right path The early bird catches the worm … and some pretty incredible sunrises here in Colorado too, wouldn’t you agree? I mean is it just me or have the sunrises been even more spectacular lately? Many years ago I was listening to one of my motivational programs by Zig Ziglar. And during one of the segments Zig talked about the discipline of waking up early as a key element of success. As a matter of fact, I recently read an article on the topic of success that underscored that very concept. The consistent behavior amongst some of the world’s most successful people is to wake up early. And it’s not just about waking up early, it’s really about what we do with that extra time that we give ourselves. As I remembered Zig’s program and as I associated his message with some of the ideas shared in the above mentioned article, here are some of the ways that successful people use their special early morning time: • Reading (mind) — committing dedi-
cated time to reading something that will expand our knowledge base. It could be the Bible, a devotional book, an industry magazine, a business book, biography, or even the newspaper. Staying current on local issues, national news, and global information helps keep us well-informed and in a better position to engage in meaningful conversations with others. Zig Ziglar used to start each day reading the Bible and the newspaper and would say, “This way I know what both sides are up to.” • Physical fitness (body) — too often we
have the best of intentions to include some form of exercise into each day only to run out of minutes and hours or have other priorities trump our desire to work out. And as our busy-ness escalates, the excuse to dismiss or blow off or physical fitness becomes easier and easier. Now, many people are extremely disciplined and get their workout in at a regularly schedule time later in the day, and for those committed individuals they can use the extra morning time for reading or meditation and prayer time. • Meditation or prayer time (spirit) — spending a portion of the early morning reflecting on our families, our work, and other important relationships, or just sitting in silence, quieting our minds and allowing our emotions and energy to come together in a moment of meditation or prayer. Waking early with the intent of spending some peaceful time within our favorite spot in our home or with Mother Nature also helps Norton continues on Page 12
ERIN ADDENBROOKE Major Accounts and Classified Manager AUDREY BROOKS Business Manager SCOTT ANDREWS Production Manager SHARI MARTINEZ Circulation Manager
We welcome event listings and other submissions. News and Business Press Releases Please visit ElbertCountyNews.net, click on the Submit Your News tab and choose a category from the drop down menu. Calendar calendar@coloradocommunitymedia.com Military Notes militarynotes@coloradocommunitymedia.com School Accomplishments schoolnotes@coloradocommunitymedia.com Sports sports@coloradocommunitymedia.com Obituaries obituaries@coloradocommunitymedia.com To Subscribe call 303-566-4100 Columnists and Guest Commentaries The Elbert County News features a limited number of regular columnists, found on these pages and elsewhere in the paper, depending on the typical subject the columnist covers. Their opinions are not necessarily those of the Elbert County News. Want your own chance to bring an issue to our readers’ attention, to highlight something great in our community, or just to make people laugh? Why not write a letter of 300 words or fewer. Include your full name, address and the best number to reach you by telephone. Email letters to letters@coloradocommunitymedia.com
WE’RE IN THIS TOGETHER Our team of professional reporters, photographers and editors are out in the community to bring you the news each week, but we can’t do it alone. Send your news tips, your own photographs, event information, letters, commentaries... If it happens, it’s news to us. Please share by contacting us at news@coloradocommunitymedia.com, and we will take it from there. After all, the News is your paper.
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Elbert County News 9
December 18, 2014
Hit the Silk Road at Denver museum Interactive exhibit takes visitors on trip in ancient world sellingboe @coloradocommunitymedia.com
Returning magic, wonder to Christmas Santa Experience creates lifelong memories for families By Chris Michlewicz
cmichlewicz @coloradocommunitymedia.com Ebony Atencio was tired of standing in line with her fussy children only to witness brief, impersonal visits with a shopping mall Santa Claus. “It’s so important to the children,” the Parker resident said. “They’ve waited for this so long, and to only get 30 seconds with Santa is just not enough.” Atencio, the mother of nine children, decided to do something about it. Along with her photographer husband, Atencio devised a plan to return the magic and wonder to Christmas. The couple and their eldest children spent the last few months converting a former jazzercise studio near South Parker Road and Plaza Drive into Santa’s house. They opened the Santa Experience last month to much fanfare. When families enter, they are greeted by Mrs. Claus, played by Atencio’s grandmother. The cozy room is decorated with a fireplace, Christmas tree and twinkling lights, and the children are treated to stories about Kris Kringle. Reindeer antlers protrude over the door of a nearby stable, one that’s just tall enough to leave an element of mystery. Frankie Sanchez, a father of three from Aurora, brought his 6-year-old daughter and 11-year-old son to the Santa Experience and was shocked by how authentic everything looked. His daughter was thrilled by the opportunity to feed Rudolph. “My youngest one, she was just amazed,” he said. “She thought she was at the North Pole.” The kids peruse toy catalogs and create a Christmas wish list. They then have the chance to shop for relatives and
friends in a miniature store. Everything in the store is under $2. It empowers the children and reinforces the giving spirit of Christmas, Atencio said. The best part is saved for last. Atencio times out the visits so each family gets one-on-one time with Santa Claus. Sanchez said his family was the first to arrive and got 10 minutes to converse with Santa. Pictures are taken, as is standard practice, but the Santa Experience reaches beyond still shots. “After the pictures are taken, we switch the camera to video mode. There is a microphone in there that captures them telling Santa what they want for Christmas,” Atencio said. “My hope is just that they have this heirloom for many years that captures their sweet little voices. It’s so cute to hear what they say.” That idea was inspired by Atencio’s daughter, who uttered something adorable to a disinterested mall Santa two years ago. “I said, `Oh I wish I had that on video!’ ” she said. The photos and video are emailed to customers, making it easy to share the moments with loved ones on social media. Sanchez ordered the photos and video, taking advantage of a Groupon deal. Atencio’s youngest children, who were kept from helping to transform the 1,600-square-foot space, were the first to test out the Santa Experience. The owners knew they were on to something special when their kids excitedly talked about the visit for days after. The family plans to reopen each year, albeit in a different spot. Sanchez praised the personal touch and said he loves that the Santa Experience is local. “You don’t have to go to the mall with the huge lines,” he said. The Santa Experience is open from 4 to 8 p.m. Tuesday through Friday and 11 a.m.-6 p.m. on Saturdays and Sundays. The cost is $15 per child; videos with Santa are an additional $25 for the entire family. For more information, go to www. santaexperience.us.
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FUNERAL HOME & CREMATORY 243 Spruce Ct., Elizabeth, Colorado
The only funeral home and crematory in Elbert County Serving the special needs of Elbert County Branch of Parker Funeral Home & Crematory
The Denver Museum of Nature & Science is at 2001 Colorado Blvd., Denver. It is open every day from 9 a.m. to 5 p.m. except Christmas. Information and tickets: 303-370-6000, dmns.org/traveling-the-silk-road.
By Sonya Ellingboe
In its first year, the Santa Experience has filled dozens of local families with Christmas wonder by guiding tours of a replica of Santa’s house in a retail center on the northwest corner of South Parker Road and Plaza Drive. Courtesy photo
IF YOU GO
Look for a couple of life-sized Bactrian camels and perhaps several enactors in exotic costumes (Kang Baobi,Ma Amri, Shi Dara and more) … You’ll know you have arrived at the “Traveling the Silk Road” exhibit at the Denver Museum of Nature & Science (through May 3, 2015). The colorful interactive exhibit, which originated with the American Museum of Natural History in New York, in collaboration with museums in Italy, Singapore, Australia and Taiwan, takes visitors on a trip that once involved 5,700 miles over deserts, mountains and through five major cities of the time — or across sometimes stormy seas. It really wasn’t a single road, but a complex network of routes between the Far East and Eastern Europe. Some traces remain today. Trade goods included gold, art, glass, fur, wines, spices, dyes and silk. A huge Tang-era loom shows how silk was woven and a display tells us about the carefully cultivated silk worms. The journey begins in Xian, the imperial city of the Tang Dynasty (A.D. 618-907) — the largest city in the world at that time. In addition to the giant loom, one can handle and play individual musical instruments, or a group might try to create music — and find a camel caravan to join. The second stop is the important
market town, Turfan, a central Asian oasis between the Gobi and Talikmakan deserts. A recreation of a night market offers gems, silks, leopard furs and peacock feathers and fragrant perfumes and spices. (Look for a take-home recipe card here.) The city also had vineyards and a complicated irrigation system, which is reproduced. Next destination is Samarkand, located in today’s Uzbekistan, a major trading center for caravan merchants. It was also a center for paper-making and metalwork. Families will enjoy an interactive map here, as well as historic paper objects and an ancient Persian coin. Baghdad, now in Iraq, is the next stop on the route. Museum material says that it was “a hub of commerce and learning,” a major attraction for intellectuals about A.D. 800 due to a library and translation institute. There is also a model of a 71-footlong Arab dhow, capable of moving large, heavy goods, and a model of an ancient Islamic astrolab. The art of glass-blowing also reached new heights here. Finally, the imaginary journey reaches Constantinople, now Istanbul, which was a port, heavily fortified and a major destination for traders. A display of “objects of desire” from the DMNS collection shows many luxury items that appeared in Constantinople.
OBITUARIES Orth
Nancy Ann Orth
May 15, 1944 – Dec. 6, 2014
Born in Ames, Iowa. Nancy lost her battle to cancer with her family by her side. She is survived by husband of 50 years Dave, son Christopher (Holly), brother James (Patricia) Werdel, sister-in-law Avis Werdel, nephews Justin and Brandon.
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10 Elbert County News
H oli day w o r s
Tuesday, December 23
5:00 and 7:00 p.m.
Wednesday, December 24 2:00, 4:30 and 7:00 p.m. Candle lighting at all services
Details online at CherryHills.com
December 18, 2014
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for unto us a child is born.
Trinity Lutheran Church and School invites you to celebrate the Christ in Christmas!
Worship Times: 12/24 -- Christmas Eve 4:00, 6:00, and 8:00 p.m. 12/25 -- Christmas Day 10:00 a.m.
TRINITY LUTHERAN CHURCH
Happy Birthday Jesus!
Visit us on the web at: www.tlcas.org
4740 N Hwy 83 Franktown, CO (303) 841-4660
Carols, Communion & Candlelight at all services 1:00pm & 3:00pm Children’s and Family Service
5:00pm & 7:00pm Contemporary Service| Crossroads Band
9:00pm Service of Lessons & Carols | Celebration Choir Child care available at all services Come and join the joy & wonder of Christmas at one of our Christmas Eve Services on December 24, 2014.
Christ Lutheran Church 8997 S Broadway | Highlands Ranch, CO 80129 www.clchr.org | 303-791-0803
Celebrate
God’s Gift to Us
Candlelight Communion Christmas Eve Service Wednesday, Dec. 24, 5:30 p.m.
GracePoint
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Orchard Rd.
GRACEPOINT
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COMMUNITY CHURCH
90 E. Orchard Rd., Littleton
Arapahoe Rd. Dry Creek County Line Rd. C 470
University Blvd.
Broadway
Belleview Ave.
A Church for All Generations 303.798.6387 www.gracepointcc.us
A well-staffed nursery is always available
Advent Season Worship Wednesdays Dec. 3, 10, 17 @ 7:00 pm Christmas Eve Dec. 24 4:00 pm for families 6:00 pm |8:00 pm
Christmas Day Service Thursday Dec. 25 @ 10:00 am Word, Carols and Eucharist accompanied by string quartet 9300 E. Belleview Ave. Greenwood Village, CO 303.770.9300
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December 18, 2014
Christmas Eve Service: 5 p.m.
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Sunday Service: 10 a.m.
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St. Luke’s United Methodist Church
8817 S. Broadway • Highlands Ranch 80129
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Come Celebrate our Lords Birth!
Colorado slide-show, book sale, & signing Dec. 12th 2014 @ 7 PM
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A home where all are welcome.
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Located at DCS Montessori School 311 Castle Pines Parkway Castle Pines, CO 80108 720.290.5897 • woh.elca@gmail.com
IN
Got Hope? Scan to learn more.
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wellofhopechurch.org
Come with questions. Come as you are.
CHILDREN’S: 1:00 & 3:00pm TRADITIONAL: 5:00 & 7:00pm COMMUNION: 9:00pm
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CANDLELIGHT SERVICE
Dec. 24th @ 7 and 9 PM. Dec. 14th @ 8 and 10:30 AM Holy Communion at all Services.
Joy LUTHERAN CHURCH, ELCA
7051 East Parker Hills Ct., Parker, CO • 303-841-3739 • www.joylutheran-parker.org
ALL ARE WELCOME!
Creekside Bible Church invites you to celebrate the birth of our Savior, Jesus Christ, with us!
Christmas Eve Services ALL SERVICES HAVE CAROLS & CANDLELIGHTS 2 pm and 4 pm: Especially for Children. Celebrate between these services at 3 pm with a Happy Birthday Jesus party. We’ll have fun crafts and yummy Christmas treats! 6 pm and 8 pm: Telling the Christmas story through scriptures and carols. They include choirs, soloists and hand bells.
CANDLELIGHT CHRISTMAS EVE SERVICES
10 pm: Holy Communion service.
Wednesday, December 24th, 3:00 & 5:00 p.m. “Hope Comes Alive” (Childcare provided for ages five and under)
-Living Nativity prior to each service-
Parker United Methodist Church
2180 S. Interstate 25 | Castle Rock, CO 80104 www.creeksidebible.com | 303-688-3745
11805 S. Pine Dr. - Parker303.841.3979 - parkerumc.org
Sunday Services
10:30AM
Candlelight Christmas Eve Service
December 24, 2014 at 6:30PM
Christmas Eve Services
@ United Church of Christ Parker Hilltop Family oriented 5:00 p.m. Traditional 7:00 p.m. Communion 9:00 p.m. Childcare Available.
“You Are Welcome Here” 10926 E. DEMOCRAT RD Corner of Flintwood and Democrat Rd. 4825 N. Crowfoot Valley Road • Castle Rock, CO 80108 Phone: 303-663-5751 • www.CanyonsCC.org
www.uccparkerhilltop.org
Love God, Love Others, and Make a Difference… A Church that is warm, worshipful, and centered in God’s word.
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GUNNorton SHOW
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DEC. 20TH & 21ST SAT 9-5 & SUN 10-4 DOUGLAS COUNTY FAIRGROUNDS 1-25 & EXIT 181 — CASTLE ROCK, CO
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us to tap into our creativity as we generate thoughts and ideas for our day. I can tell you firsthand that the benefits of waking early far outweigh the perceived need to sleep in for a couple of extra hours. The feeling of readiness and accomplishment feeds the positivity engine and our productivity and effectiveness in everything increases. So if you have not seen many sunrises lately I would encourage you to set your alarm clocks, turn on the coffeepot or heat up the teakettle, and allow yourself to settle in and
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Our streams want to say thanks for giving them a gift this year. Your actions made a difference for keeping our water clean. You chose to properly dispose of household chemicals, pet waste and trash. You used fertilizers appropriately and kept harmful material out of runoff’s path. You volunteered at local events to preserve our waterways. Keep up the good work. Local stormwater agencies are teaming together to bring you this message. We take this so seriously that we posted this ad rather than send you more garbage in the mail. One thing is clear: our creeks, rivers and lakes depend on you.
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Visit www.onethingisclear.org to: • Report accidental and illegal dumping to your local agency • Search local volunteer events • Find more helpful tips
Make your New Year’s Resolution now; get involved. Contact your local agency for upcoming events. Community Media of Colorado agrees: Please recycle this newspaper responsibly and partner with our communities for a better tomorrow. Photo taken along East Plum Creek in Castle Rock.
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Elbert County News 13
December 18, 2014
Cheer Continued from Page 1
Despite the team’s overall youth, the Cardinals placed 22nd this year out of 35 teams, moving up two spots from last year’s 24th-place finish and scoring 68 points out of a possible 100. The competition in 4A was tight with tenths of points determining rankings and five points separating 22nd place from a ninth-place finish. In the finals, Glenwood springs edged out Valor Christian to earn the title of 4A cheer state champions with a total score of 89.125.
Following the performance, a smiling Rothe expressed her satisfaction with the squad’s performance. “They definitely did their best,” she said. CHSSA rules dictate that each squad is scored as a team so that no individual performance can swing the score. In the cheer category, judging is based on components from two areas, the cheer section and the music section. Judges score the music section based on the difficulty of stunts such as pyramids, tumbling and jumps in addition to the squad’s execution of them. The score in the cheer section of the routine is based on the squad’s ability to lead the crowd using signs, pompons and/or megaphones.
The Colorado High School Activities Association (CHSAA) is the state’s governing body for high school sports and activities consisting of 343 public, private and charter schools. CHSAA sponsors championships in 27 sports and events and counts 58 percent of Colorado’s high school students as participants in its activities.
WHAT'S HAPPENING THIS WEEK? Want to know what clubs, art exhibits, meetings and cultural events are happening in your area and the areas around you? Visit our website at www.coloradocommunitymedia.com/calendar.
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14 Elbert County News Public Notice
Counties, Colorado. Maps of ACWWA’s and ECCV’s service areas are attached as Exhibit 1 and Exhibit 2, respectively. Pursuant to the IGA, United will provide ACWWA with 4,400 acre-feet of consumptive use water that will be delivered through ECCV’s water delivery facilities for use within ACWWA’s service area. 2.2. Decreed Components of the Water Supply Project. The Water Court has previously decreed various components of the Water Supply Project for ECCV and United’s use: 2.2.1. In Case No. 02CW403, the Water Court approved a plan for augmentation (“ECCV Augmentation Plan”) for ECCV’s Upper Beebe Draw wellfield (“ECCV Well Field”), as described in paragraph 15.1 of that decree. The ECCV Augmentation Plan allowed for the addition of wells to the augmentation plan and for the use of additional sources of substitute supply to replace the out-ofpriority depletions resulting from pumping the ECCV Well Field. 2.2.2. In Case Nos. 02CW404 and 03CW442, the Water Court approved the addition of six (6) wells to the ECCV Well Field, additional sources of replacement water to the ECCV Augmentation Plan approved in Case No. 02CW403, and a recharge project in the Beebe Draw (the “Beebe Draw Recharge Project”). The Water Court also approved a plan for augmentation to replace the outof-priority depletions created by the pumping of wells located on 70 Ranch (“70 Ranch Augmentation Plan”) and a recharge project on 70 Ranch (“70 Ranch Recharge Project”). 2.2.3. In Case No. 10CW306, the Water Court approved the ACWWA Augmentation Plan, ACWWA Beebe Draw Recharge Project, ACWWA 70 Ranch Augmentation Plan, and ACWWA 70 Ranch Recharge Project; and amended the ECCV Augmentation Plans decreed in 02CW403 and 02CW404/03CW442, and the Beebe Draw Recharge Project. 2.2.4. In Case Nos. 11CW285 and 09CW283 the Water Court approved the applications of ACWWA (09CW283) and ECCV (11CW285) for the appropriative rights of exchange to assure delivery of water available to ACWWA and ECCV’s for delivery to their service areas. 2.2.5. In Case Nos. 10CW312 and 11CW280, the Water Court approved the applications for a conditional water storage right in United Reservoir No. 3 (ACWWA) and conditional water storage rights in United Reservoir No. 3, Barr Lake, and Gilcrest Reservoir as well as an appropriative right of exchange (ECCV). 2.3. The purpose of this application is to change the use of the decreed water rights associated with shares in the Cache la Poudre Reservoir Company and the New Cache la Poudre Irrigating Company (collectively “Subject Water Rights”) that were acquired by Applicants for use as a source of substitute supply for the ECCV Augmentation Plan decreed in Case No. 02CW403, Beebe Draw Recharge Project, 70 Ranch Augmentation Plan, 70 Ranch Recharge Project, and the South Platte River Exchanges adjudicated in Case Nos. 02CW404 and 03CW442. In addition, the subject water rights will be used as a source of substitute supply for the exchanges decreed in Case Nos. 09CW283 and 11CW285, as a source of substitute supply for the plans for augmentation and recharge projects decreed in Case No. 10CW306, and for storage in United Reservoir No. 3, Gilcrest Reservoir, and Barr Lake. 3. Summary of the Subject Water Rights. Applicants seek a change of type and place of use for 112 total shares out of 2,500 outstanding shares of the New Cache la Poudre Irrigating Company and 36 total shares out of 3,000 outstanding shares of the Cache la Poudre Reservoir Company. 3.1. The New Cache la Poudre Irrigating Company Shares. 3.1.1. ACWWA is changing 96 shares out of a total 2,500 outstanding shares for the New Cache la Poudre Irrigating Company, as represented by Stock Certificate Nos. 4788, 4789, 4801, and 4812. 3.1.2. ECCV and United are changing 16 shares out of a total 2,500 outstanding shares for the New Cache la Poudre Irrigating Company, as represented by Stock Certificate No. 4654. United has acquired the 16 shares for ECCV’s and has contractually agreed to convey the shares to ECCV. 3.2. Cache la Poudre Reservoir Company Shares. 3.2.1. ACWWA is changing 20 shares out of a total 3,000 outstanding shares for the Cache la Poudre Reservoir Company, as represented by Stock Certificate Nos. 4034, 4045, and 4058. 3.2.2. ECCV and United are changing 16 shares out of a total 3,000 outstanding shares for the Cache la Poudre Reservoir Company, as represented by Stock Certificate No. 3929. United has acquired the 16 shares for ECCV’s and has contractually agreed to convey the shares to ECCV. 4. Decreed Water Rights for Which Change is Sought and Structures Associated with the Decreed Water Rights. 4.1. Greeley No. 2 Canal (also known as New Cache la Poudre Irrigating Company Canal, the New Cache la Poudre Canal, the Cache la Poudre Irrigation Ditch, the Cache la Poudre Irrigating Ditch). 4.1.1. Previous Decrees. Case No. 320, Water District No. 3, Larimer County District Court, State of Colorado, decreed April 11, 1882; Case No. W-8059-75, District Court, Water Division No. 1, State of Colorado, decreed June 13, 1977. 4.1.2. Decreed Point of Diversion. Located in the SW1/4 of the SE1/4 of the NE1/4 of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County Colorado. 4.1.3. Source. Cache la Poudre River. 4.1.4. Appropriation Dates and Amounts.
Public Notices DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1
Notice To Creditors PUBLIC NOTICE NOTICE TO CREDITORS Estate of RALPH GORDON FENNELL, aka RALPH G. FENNELL, Deceased Case Number: 14PR30029 All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Elbert County, Colorado on or before April 6, 2015 or the claims may be forever barred. Star Roberta Fennell Personal Representative 46155 Black Spruce Parker, CO 80136 Legal Notice No: 23120 First Publication: December 4, 2014 Last Publication: December 18, 2014 Publisher: Elbert County News
Misc. Private Legals PUBLIC NOTICE COMBINED NOTICE OF SHERIFF’S SALE 2013CV30 CRS §38-38-103 FORECLOSURE SALE NO.14-0100 : Original Grantor(s): RCI Development Partners, Inc., a Colorado Corporation Original Beneficiary(ies): New Frontier Bank Current Holder of Evidence of Debt: 2010-1 RADC/CADC Venture, LLC, a Delaware limited liability company Date of Deed of Trust: 3/18/2009 County of Recording: Elbert Recording Date of Deed of Trust: 4/23/2009 Recording Information (Reception Number and/or Book/Page Number): 501363 Book: 710 Page: 813 Original Principal Amount: $12,643,868.55 Outstanding Principal Balance: $12,643,868.55 Pursuant to CRS §38-38-101(4)(1), 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. See attached Exhibit A. Also known by street and number as: Elbert County Vacant Land. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE Notice Is Hereby Given that I will at public auction, at 10:00am, on February 13, 2015, at 751 Ute Avenue, P.O. Box 486, Kiowa, Colorado 80117, phone number: 303 805-6125, 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: December 18, 2014 Last Publication: January 15, 2015 Name of Publication: Elbert County News NOTICE OF RIGHTS YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES. DATE: November 14, 2014 The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Cristel D. Shepherd #39351 Polsinelli PC 1515 Wynkoop, Suite 600, Denver, CO 80202 (303) 572-9300 Attorney File # 064612-434906 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. SHAYNE HEAP SHERIFF, ELBERT COUNTY STATE OF COLORADO EXHIBIT A ALL SECTION 25, TOWNSHIP 6 SOUTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF ELBERT, STATE OF COLORADO TOGETHER WITH ALL RIGHTS, EASEMENTS, APPURTENANCES, ROYALTIES, MINERAL RIGHTS, OIL AND GAS RIGHTS, CROPS, TIMBER, ALL DIVERSION PAYMENTS OR THIRD PARTY PAYMENTS MADE TO CROP PRODUCERS, ALL WATER AND RIPARIAN RIGHTS, WELLS, DITCHES, RESERVOIRS AND WATER STOCK AND ALL EXISTING AND FUTURE IMPROVEMENTS, STRUCTURES, FIXTURES, AND REPLACEMENTS THAT MAY NOW, OR AT ANY TIME IN THE FUTURE, BE PART OF THE REAL ESTATE DESCRIBED (ALL REFERRED TO AS PROPERTY). Legal Notice No.: 231105 First Publication: December 18, 2014 Last Publication: January 15, 2015 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of NOVEMBER 2014 for each County affected. 14CW3142, Longhorn Circle, LLC, 1626 Thatch Circle, Castle Rock, CO 80109 (Kara N. Godbehere, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDER-
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 NOVEMBER 2014 for each County affected.
Misc. Private Legals
14CW3142, Longhorn Circle, LLC, 1626 Thatch Circle, Castle Rock, CO 80109 (Kara N. Godbehere, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPP E R D A W S O N A Q U I F E R , E L B E RT COUNTY. Subject Property: 13.1 acres being Lot 45A, Chisholm Amended, generally located in the SW1/4SE1/4 of Section 27, T8S, R65W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). Applicant is the owner of the Subject Property. Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90103(10.7), C.R.S. Annual Amount: 5 acrefeet. Uses: Domestic, including in house, commercial, irrigation, livestock watering, fire protection, including storage, and augmentation purposes. Groundwater to be augmented: 1 acre-foot per year for 100 years of not nontributary Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer and nontributary Laramie-Fox Hills aquifer groundwater decreed in Case No. 03CW054, located in the SE1/4SW1/4 of Section 10, T8S, R65W of the 6th P.M. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for inhouse use in one residence (0.35 acrefeet per year), irrigation of home lawn and garden and trees (0.5 acre-feet per year), stockwatering of four large domestic animals (0.05 acre-feet), and use in a water feature (0.1 acre-feet). Sewage treatment for inhouse use will be provided by a nonevaporative septic system. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be 10% of water used for that purpose. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater decreed in Case No. 03CW054 to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JANUARY 2015 (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.: 231107 First Publication: December 18, 2014 Last Publication: December 18, 2014 Publisher: The Elbert County News Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of NOVEMBER 2014 for each County affected. 13CW3026 Arapahoe County Water and Wastewater Authority (“ACWWA”), East Cherry Creek Valley Water and Sanitation District (“ECCV”); and United Water and Sanitation District (“United”), (c/o Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., and Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, CO 80203, Telephone: 303-863-7500, Attorneys for ACWWA and ECCV); and (c/o Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301 Telephone: 303-4444203, Attorney for United) (collectively “Applicants”). AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS AND A PLAN FOR AUGMENTATION, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, LARIMER, MORGAN AND WELD COUNTIES. 2. Background and Relationship of the Applicants and Applicants’ Prior Decrees and Pending Cases. 2.1. Background. On December 15, 2009, ACWWA, United, and ECCV entered into an Intergovernmental Agreement (“IGA”) to provide for ACWWA’s participation with ECCV and United in an integrated system for the diversion, accretion, collection, storage, transmission, and treatment of their water rights. The integrated system, which is also referred to as the Water Supply Project or the Northern Project, is designed to provide ECCV and ACWWA with a long-term, sustainable municipal water supply for their respective service areas located in Arapahoe and Douglas Counties, Colorado. Maps of ACWWA’s and ECCV’s service areas are attached as Exhibit 1 and Exhibit 2, respectively. Pursuant to the IGA, United will provide ACWWA with 4,400 acre-feet of consumptive use water that will be delivered through ECCV’s water delivery facilities for use within ACWWA’s service area. 2.2. Decreed Components of the Water Supply Project. The Water Court has previously decreed various components of the Water Supply Project for ECCV and United’s use: 2.2.1. In Case No. 02CW403, the Water Court approved a plan for augmentation (“ECCV Augmentation Plan”) for ECCV’s Upper Beebe Draw wellfield (“ECCV Well Field”), as described in paragraph 15.1 of that decree. The ECCV Augmentation Plan allowed for the addition of wells to the augmentation plan and for the use of additional sources of substitute supply to replace the out-ofpriority depletions resulting from pumping the ECCV Well Field. 2.2.2. In Case Nos. 02CW404 and 03CW442, the Water Court approved the addition of six (6) wells to the ECCV Well Field, additional sources of replacement water to the ECCV Augmentation Plan approved in Case No.
Misc. Private Legals
Date Amount October 25, 1870: 110 cfs September 15, 1871: 170 cfs November 10, 1874: 184 cfs September 15, 1877: cfs May 27, 1974: 65 cfs 4.2. Cache la Poudre Reservoir (also known as the Timnath Reservoir). 4.2.1. Previous Decrees. Case No. 1591, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, decreed December 9, 1904, revised on October 28, 1909; Case No. 2031, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, decreed April 22, 1922; Case No. 11217, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, decreed September 10, 1953; Case No. W-1103, District Court, Water Division No. 1, State of Colorado, decreed March 21, 1972 nunc pro tunc June 8, 1971; and Case No. 80CW415, District Court, Water Division No. 1, State of Colorado, decreed September 3, 1982. 4.2.2. Decreed Location and Points of Diversion. The Cache la Poudre Reservoir is located in portions of Sections 23, 24, 25, and 26 in Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. The inlet ditch headgate for the Cache la Poudre Reservoir is located on the northeast bank of the Cache la Poudre River in the NE1/4 of Section 18, Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado, at a point 1,618 feet South and 35 feet East of the quarter corner between Sections 7 and 18 in Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. Case No. W-1103 adjudicates points of diversion for seepage and wastewater inflow into the Cache la Poudre Reservoir from the “West Drainage,” “Middle Drainage,” and “East Drainage.” The decreed point of diversion for the West Drainage outlet is the SW1/4 of Section 24, Township 7 North, Range 68 West of the 6th P.M., at a distance of 2,030 feet North and 1,400 feet East of the SW corner of said Section 24. The decreed point of diversion for the Middle Drainage outlet is the SE1/4 of Section 24, Township 7 North, Range 68 West of the 6th P.M., at a distance of 1,350 feet North and 3,290 feet East of the SW corner of said Section 24. The decreed point of diversion for the East Drainage outlet is the NE1/4 of Section 25, Township 7 North, Range 68 West of the 6th P.M., at a distance of 1,340 feet South and 60 feet West of the NE corner of said Section 25. Case No. 80CW415 decrees two additional points of diversion for the Cache la Poudre Reservoir. The First Diversion is located in the NE1/4 of Section 25, Township 7 North, Range 68 West of the 6th P.M. The Second Diversion is located in the SW1/4 of Section 36, Township 7 North, Range 68 West of the 6th P.M. 4.2.3. Sources. Cache la Poudre River and its tributaries, Dry Creek, Ames Slough, Cooper Slough, and
Notices
from the “West Drainage,” “Middle DrainThe decreed point of diversion for the West Drainage outlet is the SW1/4 of Section 24, Township 7 North, Range 68 West of the 6th P.M., at a distance of 2,030 feet North and 1,400 feet East of the SW corner of said Section 24. The decreed point of diversion for the Middle Drainage outlet is the SE1/4 of Section 24, Township 7 North, Range 68 West of the 6th P.M., at a distance of 1,350 feet North and 3,290 feet East of the SW corner of said Section 24. The decreed point of diversion for the East Drainage outlet is the NE1/4 of Section 25, Township 7 North, Range 68 West of the 6th P.M., at a distance of 1,340 feet South and 60 feet West of the NE corner of said Section 25. Case No. 80CW415 decrees two additional points of diversion for the Cache la Poudre Reservoir. The First Diversion is located in the NE1/4 of Section 25, Township 7 North, Range 68 West of the 6th P.M. The Second Diversion is located in the SW1/4 of Section 36, Township 7 North, Range 68 West of the 6th P.M. 4.2.3. Sources. Cache la Poudre River and its tributaries, Dry Creek, Ames Slough, Cooper Slough, and Box Elder Creek. The source of supply for the West Drainage, Middle Drainage, and East Drainage is waste, seepage, and surface runoff waters tributary to the South Platte River arising from Sections 6, 7, 8, 17, 18, 19, and 30 in Township 7 North, Range 67 West of the 6th P.M.; Sections 1, 2, 11, 12, 13, 14, and 24 in Township 7 North, Range 68 West of the 6th P.M.; and Section 36 in Township 8 North, Range 68 West of the 6th P.M., all in Larimer and Weld Counties, Colorado. The source of supply for the First Diversion is runoff from natural precipitation, seepage water, and irrigation water runoff from Sections 19 and 30 in Township 7 North, Range 67 West of the 6th P.M. and Sections 24 and 25 in Township 7 North, Range 68 West of the 6th P.M., all in Larimer and Weld Counties, Colorado. The source of supply for the Second Diversion is runoff from natural precipitation, seepage water, and irrigation water runoff from Sections 22, 23, 26, 27, and 35 in Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. 4.2.4. Appropriation Dates and Amounts.
14age,” and “East Drainage.”
Misc. Private Legals
Date Amount April 15, 1867: 60 cfs (inlet ditch) March 17, 1892: 8,379 acre feet December 1, 1902: 1,740 acre feet December 31, 1923: 5,948 acre feet (refill) December 31, 1923: 4,171 acre feet (refill) March 17, 1892 West Drainage: 110 cfs Middle Drainage: 50 cfs East Drainage: 90 cfs March 17, 1892 First Diversion: 15 cfs July 31, 1893 Second Diversion: 10 cfs Exhibit 3 and Exhibit 4 contain “Structure Summary Reports” prepared by the State concerning the Greeley Canal No. 2 and the Cache la Poudre Reservoir that contain diversion records for said structures. 5. Historical Use. The Subject Water Rights were historically used to irrigate crops on lands depicted on the map attached as Exhibit 5. 5.1. Orr-Swift Farm. Fifty-four (54) shares of the New Cache la Poudre Irrigating Company, represented by Certificate Nos. 4788 and 4789 (Certificate Nos. 4788 an 4789 also include 22 shares for the Keirnes Farm and 8 shares for the Orr-Tollgate Farm in addition to the 54 shares for the Orr-Swift Farm.) were historically used to irrigate approximately 310 acres located about 1 mile west of Lucerne, in part of the W1/2 of Section 19, Township 6 North, Range 65 West, and in part of the NE1/4 of Section 24, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of corn, alfalfa, and wheat. The New Cache la Poudre Irrigating Company shares were carried to the Orr-Swift Farm via a lateral ditch. 5.2. Orr-Tollgate Farm. Eight (8) shares of the New Cache la Poudre Irrigating Company, represented by Certificate Nos. 4788 and 4789 and eight (8) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 4034, were historically used to irrigate approximately 63 acres located about 6 miles west-northwest of Greeley, in the W1/2 of the SW1/4 of Section 29, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of corn, alfalfa, sugar beets, and small grains. 5.3. Podtburg-Klaus Farm. Four (4) shares of the New Cache la Poudre Irrigating Company, represented by Certificate No. 4801 and four (4) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 4045, were historically used to irrigate approximately 63 acres on the Podtburg Farm located about 6 miles northwest of Greeley, in the W1/2 of the SW1/4 and W1/2 of the SE1/4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. From 2005 to 2010, the shares were used for irrigation on the Klaus Farm located in the E1/2 of the SW1/4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of silage corn, alfalfa, beans, and pasture grass. 5.4. Keirnes Farm. Twenty-two (22) shares of the New Cache la Poudre Irrigating Company, represented by Certificate Nos. 4788 and 4789 (formerly Certificate No. 4555), were historically used to irrigate approximately 186 acres located 2 miles west of Lucerne, in the E1/2 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of corn, alfalfa, and pasture grass. 5.5. Goding Farm. Sixteen (16) shares of the New Cache la Poudre Irrigating Company, represented by Certificate No. 4654, sixteen (16) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 3929 were historically used to irrigate approximately 135 acres located in the NE1/4 of Section 28, Township 6 North, Range 64 West of the 6th P.M. in Weld County, Colorado. The farm cropping consisted primarily of a mix of small vegetables, alfalfa, and corn. The New Cache la Poudre Irrigating Company and the Cache la Poudre Reservoir Company shares were carried to the Goding Farm via a lateral ditch. 5.6. Donaldson Farm. Eight (8) shares of the New Cache la Poudre Irrigating Company, represented by Certificate No. 4812, eight (8) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 4058 were historically used to irrigate approximately 60 acres located in W1/2 of the SW1/4 of Section 22, Township 6 North, Range 65 West of the 6th P.M. in Weld County, Colorado. The farm cropping consisted primarily of a mix of silage corn, small vegetables, sugar beets, and dry beans. The New Cache la Poudre Irrigating Company and the Cache la Poudre Reservoir Company shares were carried to the Donaldson Farm via a lateral ditch. 5.7. Diversion summaries for the New Cache la Poudre Irrigating Company and the Cache la Poudre Reservoir Company from the Colorado Decision Support System are attached as Exhibit 6 and Exhibit 7. 6. Proposed Change of Use of the Subject Water Rights. The Applicants seek to use the historical consumptive use portion of the Subject Water Rights as follows: 6.1. Change in Type of Use. 6.1.1. ECCV seeks to use the Subject Water Rights directly or as a source of substitute Supply for the ECCV Augmentation Plan decreed in Case No. 02CW403 for pumping water for delivery to ECCV’s service area from the ECCV Well Field. ECCV will follow the procedures in paragraph 19 of the decree in Case No. 02CW403 and paragraph 25.5 of the decree entered in Case Nos. 02CW404 and 03CW442 to add the Subject Water Rights as an additional source of replacement supply. 6.1.2. ECCV seeks to use the Subject Water Rights for delivery to recharge in the Beebe Draw pursuant to the terms and conditions of the decree in Case Nos. 02CW404 and 03CW442. ECCV will follow the procedures in paragraph 19 of the decree in Case No. 02CW403 and paragraph 15.4 of the decree in Case Nos. 02CW404 and 03CW442 to include the Subject Water Rights as an additional source of recharge water for delivery to the Haren Recharge Site pursuant to Case Nos. 13CW3172 and 14CW3131. 6.1.3. ECCV seeks to use the Subject Water Rights as a source of substitute supply for the appropriative right of exchange decreed in
from recharge facilities to be constructed Change in Type of Use. 6.1.1. ECCV along the Cache la Poudre River and/or seeks to use the Subject Water Rights dirthe South Platte River. 8.4. Applicants ectly or as a source of substitute Supply may deliver water from recharge accrefor the ECCV Augmentation Plan decreed tions from the Beebe Draw and 70 Ranch in Case No. 02CW403 for pumping water recharge facilities decreed in Case Nos. for delivery to ECCV’s service area from 02CW404 and 03CW442, and 10CW306. the ECCV Well Field. ECCV will follow Applicants may also deliver water from rethe procedures in paragraph 19 of the decharge accretions from the Haren Recree in Case No. 02CW403 and paracharge Site. 8.5. Applicants may deliver graph 25.5 of the decree entered in Case water from recharge through facilities Nos. 02CW404 and 03CW442 to add the owned and operated by the Central pursuSubject Water Rights as an additional ant to an agreement between Applicants source of replacement supply. 6.1.2. ECand Central. 8.6. Applicants may release CV seeks to use the Subject Water Rights water from ECCV or ACWWA’s storage for delivery to recharge in the Beebe Draw account in Cornish Plains Reservoir. 8.7. pursuant to the terms and conditions of Applicants may deliver water from other the decree in Case Nos. 02CW404 and fully consumable sources owned or con03CW442. ECCV will follow the procedTo advertise notices callApplicants 303-566-4100 trolled by the or any other ures in paragraph 19 of the your decreepublic in available sources so long as the sources Case No. 02CW403 and paragraph 15.4 are decreed for augmentation purposes of the decree in Case Nos. 02CW404 and by the Water Court, or approved for re03CW442 to include the Subject Water placement use under a Substitute Water Rights as an additional source of reSupply Plan approved by the State Engincharge water for delivery to the Haren Reeer pursuant to sections 37-92-308 or 37charge Site pursuant to Case Nos. 92-309 of the Colorado Revised Statutes, 13CW3172 and 14CW3131. 6.1.3. ECor successor statutes, or are otherwise CV seeks to use the Subject Water Rights lawfully available for such use. 9. Approas a source of substitute supply for the appriation of Return Flows. When the callpropriative right of exchange decreed in ing water right downstream of the Greeley Case Nos. 02CW404 and 03CW442, and No. 2 Canal headgate is junior to October 11CW285. 6.1.4. ECCV seeks to use 31, 2014 or there is no call from downthe Subject Water Rights for storage in stream of the Greeley No. 2 Canal Barr Lake, United Reservoir No. 3, Gilheadgate, ACWWA and ECCV seek the crest Reservoir, and 70 Ranch Reservoir right to use, reuse, successively use, and and as a source of substitute supply for use to extinction, for all of the purposes the appropriative right of exchange dedescribed in paragraph 6 above, the hiscreed in Case No. 11CW280. ECCV also torical return flow portion of its irrigation claims the right to use the Subject Water season delivery of its Subject Water Rights as a source to refill its storage caRights and the winter return flow portion of pacity in Barr Lake, United Reservoir No. its previous irrigation season delivery of its 3, Gilcrest Reservoir, and 70 Ranch Subject Water Rights.10. Methodology. Reservoir, and as part of this claim asConsumptive use credit allowed for the serts its intent to use the Subject Water Subject Water Rights will be calculated as Rights for all purposes associated with a the amount delivered at the approved refill storage right under Colorado law, inheadgate on the Greeley Canal No. 2 cluding but not limited to exclusion from minus the return flow obligations. Applicany paper fill or carryover obligations. ants will quantify and maintain the historic6.1.5. ECCV and United seek to use the al return flows from river headgate diverSubject Water Rights directly or as a sions based upon the historical use of the source of substitute supply for the 70 shares. 11. Plan for Augmentation. 11.1. Ranch Augmentation Plan decreed in Purpose of the Plan for Augmentation. Case Nos. 02CW404 and 03CW442, and Through this augmentation plan, ACWWA as decreed in the amended application in and ECCV will provide adequate sources Case No. 10CW306. The Applicants will of replacement water to maintain the hisfollow the procedures in paragraph 25.6.1. torical return flows associated with the of the decree in Case Nos. 02CW404 and Subject Water Rights. 11.2. Replace03CW442 to add the Subject Water Rights ment Sources. ACWWA and ECCV will as an additional source of replacement use water derived from the sources desupply. 6.1.6. ACWWA seeks to use the scribed in paragraph 8 above to replace Subject Water Rights directly or as a the historical return flow obligations assosource of substitute supply pursuant to the ciated with the Subject Water Rights in plan for augmentation decreed in Case time, location, and amount in order to preNo. 10CW306 for delivery to ACWWA’s vent injury to any owner of or persons enservice area from the ECCV Well Field. titled to use water under a vested water 6.1.7. ACWWA seeks to use the Subject right or a decreed conditional water right. Water Rights for delivery to recharge in 11.2.1. Future Acquired Sources. Applicthe Beebe Draw pursuant to the recharge ants intend to acquire and/or lease addiprojects decreed in Case No. 10CW306. tional water supplies in the future for use 6.1.8. ACWWA seeks to use the Subject as a source of replacement in the plan for Water Rights as a source of substitute augmentation described in the application. supply for the substitution and exchange Those supplies may be acquired and/or decreed, in Case No. 09CW283. 6.1.9. leased to replace or supplement water ACWWA seeks to use the Subject Water from the sources identified in paragraph 8 Rights directly or as a source of substitute above. Applicants will add future acsupply pursuant to the plan for augmentaquired sources to the plan for augmentation decreed in Case No. 10CW306 for tion claimed in this application pursuant to delivery to ACWWA’s service area from section 37-92-305(8)(c) of the Colorado the wells included in the United No. 2 DiRevised Statutes. 12. Integrated System. version Wells and the added wells deThe Subject Water Rights will be used creed in Case No. 10CW306. 6.1.10. pursuant to, and in accordance with the ACWWA seeks to use the Subject Water applicable terms and conditions of the Rights for delivery to recharge on the 70 plans for augmentation, exchanges, and Ranch as decreed in Case No. 10CW306 recharge projects decreed in Case Nos. for delivery to the Haren Recharge Site 02CW403, 02CW404 and 03CW442, pursuant to Case Nos. 13CW3171 and 10CW306, 09CW283, 11CW285, 14CW3130. 6.1.11. ACWWA seeks to 11CW280, and 10CW312. Augmentation store the Subject Water Rights in its 500 use of the Subject Water Rights shall be acre-foot account in United Reservoir No. made only under and in compliance with 3 pursuant to the IGA. ACWWA also the terms and conditions of any applicclaims the right to use the Subject Water able decree or Substitute Water Supply Rights as a source to refill its storage caPlan approved by the State Engineer purpacity in United Reservoir No. 3, Gilcrest suant to sections 37-92-308 or 37-92-309 Reservoir, an 70 Ranch Reservoir, and as of the Colorado Revised Statutes, or sucpart of this claim asserts its intent to use cessor statutes. 13. Bylaw Approval. the Subject Water Rights for all purposes The Subject Water Rights will not be used associated with a refill storage right under as a replacement supply in any plan for Colorado law, including but not limited to augmentation, decreed exchange, or reexclusion from any paper fill or carryover charge project until the Applicants comobligations. 6.1.12. For all municipal plete the New Cache la Poudre Irrigating uses, including but not limited to domestic, Company and Cache la Poudre Reservoir mechanical, manufacturing, commercial, Company’s legally applicable requireindustrial, exchange, augmentation and ments and procedures regarding approvreplacement, recharge, including real of a change of water rights. This paracharge of the Denver Basin Aquifer supgraph shall not prevent the Applicants ply, substitute supply, adjustment and regfrom using the shares as a part of a Subulation of water supply, including further stitute Water Supply Plan approved by the exchange with other water systems and State Engineer pursuant to section 37-92with other water users, storage including a 308 or 37-92-309 of the Colorado Rerefill storage right as described in paravised Statutes, or successor statutes, graphs 6.1.4 and 6.1.11 above, and for all provided such Substitute Water Supply other beneficial uses within the service Plan complies with the New Cache la areas of ACWWA and ECCV, as they now Poudre Irrigating Company and Cache la exist or may exist in the future. 6.1.13. In Poudre Reservoir Company’s legally apaddition to the uses described in paraplicable requirements and procedures regraphs 6.1.1. through 6.1.11. above, garding approval of such plans. 14. GenACWWA and ECCV claim the right, once eral Location Map. A map, generally all return flow obligations have been satisshowing the relationship of the area enfied, to use, reuse, successively use and compassed by the claims in this applicadispose of, by sale, exchange, augmentation is attached as Exhibit 8. 15. Name(s) tion, or otherwise, to extinction all conand address(es) of owner(s) of land on sumptive use water exchanged, lawfully which structure is or will be located, and diverted and/or impounded pursuant to upon which water is or will be stored. The the decree entered in this case. 6.2. Greeley Canal No. 2 and the Cache la Change in Place of Use. ECCV and Poudre Reservoir are owned by the New ACWWA seek to use the water attributCache la Poudre Irrigating Company and able to the Subject Water Rights on lands the Cache la Poudre Reservoir Company, within ECCV’s and/or ACWWA’s present whose address is 33040 Railroad Avenue, and future service area. 7. Delivery of the Lucerne, Colorado 80646, Attn: Mike Subject Water Rights. Applicants will take Hungenberg. WHEREFORE, Applicants delivery of their pro-rata share of river respectfully request that the Court enter a headgate diversions through the Greeley decree granting the change of water rights No. 2 Canal and return the depletive porand for such other relief, which it deems tion and surface water returns via: 1) the proper. (15 Pages and 8 Exhibits) Greeley No. 2 Canal headgate, as adjusted; 2) a new augmentation station to be THE WATER RIGHTS CLAIMED BY constructed on the Greeley No. 2 Canal; THESE APPLICATIONS MAY AFFECT 3) Headgate 88 which is located at such IN PRIORITY ANY WATER RIGHTS point where the Greeley No. 2 Canal interCLAIMED OR HERETOFORE ADJUDICsects with Sand Creek in the NE1/4 of ATED WITHIN THIS DIVISION AND Section 16, Township 6 North, Range 65 OWNERS OF AFFECTED RIGHTS West of the 6th P.M. in Weld County, ColMUST APPEAR TO OBJECT WITHIN orado, and the Sand Creek Spillway AugTHE TIME PROVIDED BY STATUTE OR mentation Station located near the center BE FOREVER BARRED. of Section 27, Township 6 North, Range 65 West of the 6th P.M. in Weld County, YOU ARE HEREBY NOTIFIED that any Colorado pursuant to an agreement with party who wishes to oppose an applicathe Central Colorado Water Conservancy tion, or an amended application, may file District (“Central”); 4) the John Law Seepwith the Water Clerk, P. O. Box 2038, age Ditch which is located in the NW1/4 of Greeley, CO 80632, a verified Statement the SW1/4 of Section 14, Township 6 of Opposition, setting forth facts as to why North, Range 67 West of the 6th P.M. in the application should not be granted, or Larimer County, Colorado; 5) at Cornish why it should be granted only in part or on Plains Reservoir which is an off-channel certain conditions. Such Statement of Opreservoir located within portions of Secposition must be filed by the last day of tions 5, 8, and 9, Township 6 North, JANUARY 2015 (forms available on Range 63 West of the 6th P.M. in Weld www.courts.state.co.us or in the Clerk’s County, Colorado; and/or the existing augoffice), and must be filed as an Original mentation stations on the Greeley No. 2 and include $158.00 filing fee. A copy of Canal, subject to the approval of the New each Statement of Opposition must also Cache la Poudre Irrigating Company. 8. be served upon the Applicant or Return Flow Obligations. Applicants shall Applicant’s Attorney and an affidavit or meet their winter return flow obligations for certificate of such service of mailing shall the Subject Water Rights by any of the folbe filed with the Water Clerk. lowing means: 8.1. Applicants may release water from ECCV or ACWWA’s storLegal Notice No.: 231108 age account in United Reservoir No. 3, First Publication: December 18, 2014 from Gilcrest Reservoir, from Barr Lake, or Last Publication: December 18, 2014 from 70 Ranch Reservoir. 8.2. ApplicPublisher: The Elbert County News ants may deliver water from recharge facilities to be constructed along the Greeley No. 2 Canal. Applicants have secured easement agreements to construct recharge ponds on the Donaldson Farm and may acquire other sites in the future. Use of any recharge facilities on the Greeley No. 2 Canal is contingent upon obtaining the approval of the New Cache la Poudre Irrigating Company and the owners of the structures and shall be made pursuant to the operating policies and procedures of the New Cache la Poudre Irrigating Company. 8.3. Applicants may deliver water from recharge facilities to be constructed along the Cache la Poudre River and/or the South Platte River. 8.4. Applicants may deliver water from recharge accretions from the Beebe Draw and 70 Ranch recharge facilities decreed in Case Nos. 02CW404 and 03CW442, and 10CW306. Public notices are a community’s window Applicants may also deliver water from reinto the government. From zoning charge accretions from the Haren Recharge Site. 8.5. Applicants may deliver regulations to local budgets, governments water from recharge through facilities have used local newspapers to inform owned and operated by the Central pursuant to an agreement between Applicants citizens of its actions as an essential part and Central. 8.6. Applicants may release of your right to know. You know where to water from ECCV or ACWWA’s storage account in Cornish Plains Reservoir. 8.7. look, when to look and what to look for to Applicants may deliver water from other be involved as a citizen. Local newspapers fully consumable sources owned or conprovide you with the information you trolled by the Applicants or any other available sources so long as the sources need to get involved. are decreed for augmentation purposes by the Water Court, or approved for replacement use under a Substitute Water Noticesaremeanttobenoticed. Supply Plan approved by the State Engineer pursuant to sections 37-92-308 or 37Readyourpublicnoticesandgetinvolved! 92-309 of the Colorado Revised Statutes, or successor statutes, or are otherwise lawfully available for such use. 9. Appropriation of Return Flows. When the call-
December 18, 2014
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Vendor NameTransaction Description A & E Tire Aarms Aflac Agate Mutual Telephone Airgas Intermountain All Access Amber Reilmann Arapahoe Heating Svc Arnold & Associates Asphalt Specialties Co Auto-Cholor System Bergman Gunsmithy Black Hills Energy Boral Aggregates Carolyn Burgener Catherine Lambert Catholic Charities Ccom/Chc, Cdac Cdw Government Centurylink Certified Laboratories Chief Supply Corporation
Operating Expense Operating Expense Payroll Payable Monthly Utility Operating Expense Operating Expense Operating Expense Operating Expense Operating Expense Operating Expense Maint Agreemant Operating Expense Monthly Utility Operating Expense Operating Expense Contract Serv Operating Expense Operating Expense Training Operating Expense Monthly Utility Operating Expense Operating Expense
Check Amount 6,288.02 175.00 2,230.62 23.91 808.40 1,278.20 182.52 1,435.42 2,600.00 457,143.00 181.50 163.91 1,719.78 17,436.22 200.00 1,068.00 297.50 152.00 37.50 7,080.15 6,536.54 859.13 271.36
Co Assessors Association Co Community Co Counties . Foundation Co Dept Of Health & Envi Co Springs Dodge Comcast Community Media Of Co Coplogic Corporate Billing Correctional Healthcare Credit Union Of Co Ctsi D-J Petroleum Dalla Schroeder Dans Trash Debbie Scoggin Deep Rock Department Of Labor Dominion Voting Systems Dragon Esp Drive Train Industries Dvm Insurance Agency E470 Public Hwy Authority Ed Kovitz El Paso County Elbert County R&B Elbert County Treasurer Elizabeth Fire Dept. Elizabeth Storage Emergency Vehicle Spec Enertia Consulting Gr Fair Point Comm Fastenal Company Flagler Coop Front Range Kubota Frontier Business G&K Svcs Glaser Gas Company Grainger Great West Life & Annuity Greenleaf Waste Solutions Greenlee’s Pro Auto Care Ground Engineering
Dues Legal Advertising Training Vital Records Vehicle Lease Equip Under $5000 Advertising Operating Expense Operating Expense Medical Services Credit Card Transactions Insurance Payment Fuel Reimbursment Monthly Utility Reimbursment Monthly Utility Operating Expense Operating Expense Operating Expense Operating Expense Operating Expense Operating Expense Prof Fees Autopsies Fuel Operating Expense Operating Expense Monthly Utility Auto Repair Operating Expense Monthly Utility Operating Expense Operating Expense Operating Expense Copier Expense Uniforms Operating Expense Operating Expense Retirement Plans Monthly Utility Auto Repair Operating Expense
1,042.00 4,381.00 700.00 271.50 25,521.00 169.80 92.50 15,000.00 237.25 11,490.58 2,705.04 89,798.39 32,295.74 62.30 1,021.80 38.06 8.45 90.00 3,000.00 191.41 362.77 1,122.77 30.60 300.00 1,350.00 11,956.48 2,627.03 450.00 119.00 1,411.52 16,226.10 245.90 954.05 376.00 578.33 1,897.76 713.18 90.18 878.48 31,357.94 70.00 537.73 16,065.00
Hendricks Mark Hensley Battery Home Depot Credit Svc Intergrated Voting Sol Irea Interstate Battery Of Co J2 Global Comm Jerri Spear Jodie Sherrier John Deere Financial Kansas State Bank Kimball Midwest Kiowa Storage Kiowa Water & Waste Kyrei Zion Lab Corp Larry Ross Legacy Teledata Svc Legal Shield Levi’s Rags Ii Lewan & Associates Lyle Sign Nm 7165 M7 Business Systems Matt Martinich Mcafee Mcc&Les Intl Trucks Mhc Kenworth Monica Scharf Mountain View Electric Mulvihill & Fruhwirth Pc Myron Nextel Communications Parker Port-A-Potty . Phoenix Technology Pitney Bowes Postmaster General Power Motive Corp Psychological Dimensions Purewater Dynamics Quill Corporation Ranchl& News Richard Pettitt Parker Port-A-Potty
Fsa Reimbursement Operating Expense Operating Expense Printing Monthly Utility Operating Expense Vital Statistics Reimbursment Reimbursment Operating Expense Operating Expense Operating Expense Operating Expense Operating Expense Reimbursment Prof Fees Reimbursment Operating Expense Payroll Payable Shop Supplies Office Supplies Operating Expense Office Supplies Contract Service Operating Expense Operating Expense Operating Expense Deputy Comp Monthly Utility Operating Expense Operating Expense Monthly Utility Monthly Utility Operating Expense Postage Postage Operating Expense Operating Expense Operating Expense Office Supplies Prof Fees Operating Expense Monthly Utility
208.30 269.78 938.14 22,575.80 6,673.99 412.02 152.95 429.50 148.71 36,051.64 43,695.20 47.18 145.00 2,775.71 252.60 114.00 113.40 3,146.83 741.25 90.00 89.40 881.80 575.31 134.00 363.78 22.38 264.85 200.00 343.07 4.00 288.54 546.42 241.00 14,150.00 4,999.39 74.00 112.20 175.00 50.00 787.86 36.56 47.30 195.00
Rock Parts Co Rky Mtn Cleaning Systems Sam’s Club Schmidt Construction Simla Automotive Sprint Stacey Rinehart Staples Advantage State Of Co State Wire & Terminal Stericycle Stone Oil Co Summertime Enterprises Sysco Food Svcs The Co Cardio Resuscitation The Hartford Thimgan Tlo Todd Companies Town Of Dillon Town Of Simla Transwest Trucks True Value Hardware Umb Bank Na University Of Co Ups Verizon Wireless Wagner Equipment Co Waste Management Wells Fargo Witt Boys-Napa Wrigley Enterprises Xerox Corporation Y Time Zee Medical
Operating Expense Operating Expense Operating Expense Operating Expense Auto Repair Operating Expense Reimbursment Office Supplies Gravel Pit Fees Operating Expense Operating Expense Fuel Operating Expense Operating Expense Operating Expense Payroll Payable Contracted Services Dues Operating Expense Operating Expense Monthly Utility Operating Expense Operating Expense Operating Expense Training Postage Monthly Utility Operating Expense Monthly Utility Operating Expense Operating Expense Operating Expense Copier Expense Contract Serv Medical Supplies
Legal Notice No.: 231106 First Publication: december 18, 2014 Last Publication: december 18, 2014 Publisher: Elbert County News
3,780.58 168.00 47.92 6,721.83 40.00 192.32 23.06 1,353.05 2,604.63 82.10 152.51 13,981.37 400.00 4,362.84 150.00 1,350.06 3,000.00 222.25 450.00 8,000.00 120.30 295.81 238.11 40,556.25 200.00 30.31 1,565.18 325.86 801.43 347,750.00 842.08 85.76 1,766.84 65.80 58.50
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16 Elbert County News
December 18, 2014
WE BELIEVE IN SOLAR ENERGY. IN A BIG WAY. IN THE RIGHT WAY. Xcel Energy believes that solar energy is a big part of a clean energy future. But to bring the greatest benefits of solar to the greatest number of people, we have to do it right. Using the same dedication to renewable energy that made us the number one wind utility in the nation, Xcel Energy is working to develop and support large-scale solar projects that deliver clean, renewable solar energy at a lower cost. A clean energy future to build on. A strong energy grid to depend on. Xcel Energy believes our customers deserve both.
xcelenergy.com/ResponsibleSolar
Š 2014 Xcel Energy Inc.
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