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DISTRICT COURT, WATER DIVISION 1, STATE OF COLORADO Case No.

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CONCERNING APPLICATION FOR WATER RIGHT; SURFACE STORAGE RIGHT; AND FOR APPROVAL FOR PLAN OF AUGMENTATION OF

GROUND WATER APPROPRIATORS OF THE SOUTH PLATTE RIVER "GASP" IN SEDGWICK COUNTY, COLORADO

COMES NOW, Ground Water Appropriators of the South Platte River, hereinafter referred to as 'GASP", by and through its attorneys, Epperson, McClary, Zorn & McClary, and submit the following Application for Water Right and Approval of Plan of Augmentation:

1. APPLICATION FOR WATER RIGHT 1. Name, mailing address and telephone number of Applicant:

GASP

P. O. Box 974

Fort Morgan, CO 80701 970/867-5298

2. Description of structures:

The Applicant intends to divert water from the South Platte River for augmentation purposes, for use in its augmentation plan as hereinafter described from the following described points of diversion and structures:

A. Surface Point of Diversion - at the headgate of the present diversion for the Peterson Ditch located in the NEl/4NWl/4 of Section 24, Township 11 North, Range 47 West of the 6thP.M., Sedgwick County, Colorado. Maximum diversion 184 cfs. B. Well diversions from the following described wells situated in Sedgwick County,

(2)

Well Permit No. Permit No. 21901-F Permit No. 21901-RF Permit No. 21902-F Permit No. 21903-F Permit No. 25300-F Permit No. 25299-F Permit No. 25298-F Location NW/14NE1I4 Sec. 15, T11N, R47W NW1I4NE1/4 Sec. 15, T11N, R46W NW1I4NE1/4 Sec. 15, T11N, R46W NW1I4NE1/4 Sec. 15, TI1N, R47W NW1I4SW1I4 Sec. 18, TI1N, R46W NW1/4SW1/4 Sec. 18, TI1N, R46W NE1I4SW1/4 Sec. 18, TIIN, R46W

Maximum Pumping Rate 2500 gpm. 2400 gpm. 2500 gpm. 2500 gpm. 2700 gpm. 2700 gpm. 2700 gpm.

C. The above structures and points of diversion shall be used when in priority under

this Application for diversion therefrom into the Peterson Ditch as presently constructed and to be carried by said ditch as the source of supply for the storage ponds as hereinafter designated.

The above structure may also be used for diversion directly into the storage ponds

hereinafter described. Appropriate measuring devises and meters to be installed

and used as may be required for administration by the Office of the State Engineer.

3. Source:

The source of the diversions for this water right shall be from the South Platte River at the points as hereinabove set forth and at their respective rates of diversion as above designated. The date of appropriation shall be December 1996.

4. Proposed Use:

Irrigation, domestic, municipal, commercial and piscatorial for supply of water for the ponds as hereinafter described under the Applicant's Plan of Augmentation.

II. STATEMENT OF PLAN OF AUGMENTATION

The Applicant intends to divert water from its structures and source as hereinabove described under its Application for Water Right for the sole purpose of diverting the same into the following described ponds for the development of its Augmentation Plan as hereinafter described.

1. The proposed ponds are to be located in the N1I2 and the E1I2SW1I4 and the

W1I2SE1I4 and the NE1I4NE1I4 of Section 10, Township 11 North, Range 46 West of the 6th P.M., Sedgwick County, Colorado, and not to exceed 300 surface acres, with right to fill

and refill.

(3)

2. Stream accretions that may accrue as a result of transmission of the aforesaid waters in the Peterson Canal may also be used for augmentation purposes. Any said accretions attributable to the Peterson Canal shall be calculated using the SDF (Jenkins) method or other methods as approved by the Office of the State Engineer.

Use of Waters to Be Developed under the Plan of Augmentation: All waters developed under this Plan shall be used for augmentation to replace out of priority diversions by the members of GASP and for stream flow enhancement

WHEREFORE, Applicant prays for a Conditional Order and Decree of the Court granting the water right herein sought and approval of its Plan of Augmentation.

Dated: December 31, 1996.

Epperson, McClary, Zorn& McClary

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. . Donald F. McClary --- / #1651 Attorneys for Applicant j"i.//

317 Ensign S1., P. O. Box 597 Fort Morgan, CO 80701 970/867-?/21

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STATE OF COLORADO ) ss. COUNTY OF MORGAN )

Subscribed and sworn to before me on December 31, 1996, by Jack Odor, Manager of Ground Water Appropriators of the South Platte River.

My commission expires:l!28/2000

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Notary bhc 3

(4)

DAVID W ROBBINS ROBERT F. HILL DENNIS M. MONTGOMERY KAREN A. TOMB RONALD L. WILCOX JOHN H. EVANS MARK.J.WAGNER

Mary

Cresp~

Water Oerk

Water Division No.1

P. O. Box C

Greeley, CO 80632

HILL & ROBBINS,P. C. ATTORl'.'EYS AT LAW 100 BLAKE STREET BUILDING

1441 EIGHTEE1'o.'TI-{ STREET DENVER, COLORADO80202~l2~6

October 5, 1998

TELEPHONE 303 296~8100 TELECOPIER 303 296~2388

Dear Mary:

Re:

Applications for Water .Rights of GASP, Case

Nos. 95CW273 and 96CWl162

In Case No. 96CWl162, enclosed are the originals and three copies of the

Certificate of Mailing of Division Engineer's Summary of Consultation and the

Notice of Status Conference.

In Case No. 95CW273, I have enclosed the original and three copies of the

Notice of Status Conference.

Very truly yours,

~~t-J_

Naney C..

aiford

Secreta

to

Dennis M. Montgomery

:ncr

Enclosures

cc w/encls:

j",

ack Odor

(5)

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DISTRICf COURT, WATER DIVISION NO.1, COLORADO

CASE NO. 96CWl162

CERTIFICATE OF SERVICE OF DIVISION ENGINEER'S SUMMARY OF

CONSULTATION

CONCERNING

THE

APPLICATION FOR WATER RIGI-ITS OF:

GROUNDWATER APPROPRIATORS OF

THE

SOUTH

PLATfE RIVER

BASIN,

mc.

IN SEDGWICK COUNTY

This

is

to certify that the undersigned on the

!;;..-dI

day of October, 1998,

placed a true and correct copy of the Division Engineer's Summary of

Consulta-tion in the above-styled matter

in

the United States mail, postage prepaid,

addressed to the following:

~hnothy

R. Buchanan, "Esq.

Timothy R. Buchanan, P.C.

7205 Nile Street

Aravada, CO 80007

(6-732)

.

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(6)

STATE OF COLORl\UU

WATER DJVISION ONE

OFFICE OF THE STATE ENGINEER Division of Water Resources

Depanment of Natural Resources 800 8th Avenue. Room :321 -Greeley. CO 80631

Phone (970) 352-8712 FAX(303) 659-0579

April 22, 1997

SUMMARY OF CONSULTATION HELD APRIL 17, 1997

h:<lI h:llm\" , l,c)"..-rnlll j"m\"s~ LLJchheilU I"'CUI",!,D'~('l1or, ()Nh: ri,,1I) )m1Ih()11 '1\.-11" tr1~,n!"I" k 1("11",rll )11'11/.'1 Ij1\,'."II IIItnClfH"'~!

CASE NO. 96CW1162 Ground Water Appropriators of the South Platte River (GASP), Sedowick County

DECEMBER 1996 RESUME

The applicants seek approval of an augmentation plan and a water right for ponds to be located in Section 10, T11 N, R46W. The proposed source for the ponds is water from the Peterson Ditch or water from several alluvial wells. Three of the wells are located in Section 15 and three of the wells are located in Section 18, T11 N, R46W, 6th P.M. The claimed appropriation date is December, 1996. The proposed use includes irrigation, domestic, municipal, commercial and piscatorial for supply of water for the ponds under the ,applicants proposed augmentation plan. All waters developed under the Plan for Augmentation shall be used to replace out of priority diversions by members of GASP and for stream flow enhancement.

The Division Engineer can not recommend approval of this application until the following concerns are addressed:

V"/

1) The applicant has not provided information concerning the depletions which will be replaced or even the structures which will be augmented so it is impossible to determine if the proposed augmentation plan will be sufficient to prevent injury to other water rights in time. location and amount. Are the applicants really proposing an augmentation plan? If so, the applicants must provide additional information concerning depletions and replacement to evaluate the plan.

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Provide the Court with evidence to support the claimed rates of diversion in the application and date of appropriation.

3) The applicant must continue to maintain measuring devices, acceptable to the Division Engineer or Water Commissioner for the administration of this water right. The applicant may also be required to provide the Division Engineer and Water Commissioner with stage-area-capacity curves or tables for the pond.

4) The applicant should be required to provide proposed accounting forms to the Division Engineer and Water Commissioner which are acceptable to both of them to allow for the proper administration of this plan .prior to receiving a decree in this case.

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Case No. 96CW1162 April 22, 1997

Page 2

5) This right, if granted, will be a junior water right subject to administration. As such, the times at which water may be appropriated by it will be limited.

6) Provide the Court with proof that the applicant has permission to use all of the structures referenced in this application.

7) The applicant must obtain new well permits for the proposed new use prior to making such use. At the proposed location, the wells will be producing from the alluvium of the South Platte River. The South Platte River System is overappropriated at some times of the year.

V"

8) The applicants indicate that the wells will only pump this. appropriation in priority. However, no documentation has been submitted which accounts for the delayed stream depletion and ensuing injury to vested senior water rights caused by the operation

of

this water right

Based on Comments 7 and 8, the State Engineer is unable to find that unappropriated ground water is available for withdrawals by the applicant, therefore persons entitled to water under a senior vested water right would be injured without adequate terms and conditions.

Any requested information should be submitted to the Water Court, P.O. Box C, Greeley, Colorado 80632 or Telephone 351-7300, Ext. 4598.

CRS 1973, -37-92-302(4), SIGNED INTO LAW MAY 17, 1988, PROVIDES THAT THE APPLICANT OR THE APPLICANTS ATTORNEY SHALL MAIL OR DELIVER A COpy OF THIS CONSULTATION TO ALL PARTIES OF RECORD WHO FILED A .STATEMENT OF OPPOSITION TO THIS APPLICATION, IF ANY. THE STATUTE ALSO REQUIRES THAT THE APPLICANT OR HIS ATIORNEY SHALL FILE A CERTIFICATE OF MAILING WITH THE WATER CLERK OF DIVISION 1 IF THIS SUMMARY OF CONSULTATION IS MAILED TO OPPOSING PARTIES.

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L. Stenzel, P.E.

Division Engineer

RLS:JRH/lrk

xc: Hal D. Simpson, State Engineer Jim Hanrahan, Water Commissioner

(8)

WATER DIVISION ONE

OFFICE OF THE STATE ENGINEER Division of Water Resources

Department of Natural Resources - 800 8th Avenue, Room 321 Greeley, CO 80631 Phone (970) 352-8712 FAX (303) 659-0579

STATE OF COLOR;\OO

Ru\'KOlnl-' (,O\,f-rno, ,,- ~.-CERTIFICATE OF MAILING CASE NO, 96CW1162

I hereby certify that on this 24th day of April 1997, I mailed a true and correct copy of the foregoing consultation letter by depositing it into the United States mail. postage prepaid. to the applicant or their attomey listed below:

Hal Simpson, State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203

Epperson, McClary, Zom &McClary Donald F. McClary

317 Ensign St., P.O. Box 597 Fort Morgan, CO 80701 Arlene D. Stewart I~mt'~:-' LUcnrWild b.t:'(UIl\'t'1ltrt'nnr, I)N!< H~ID, :-'"nll,,)l1 "',..IIJ {n~tnt.Jot'r ;,,,'1\"1() ~ 'I,'IV," !)l\'I!'-HH)ll)\!lflt4"1

(9)

DISTRICT

COURT, WATER DIVISION NO.1, COLORADO

CASE NO. 96CWl162

NOTICE OF STATUS CONFERENCE

CONCERNING THE APPLICATION FOR WATER RIGHTS OF:

GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE RIVER

BASIN INC.

IN SEDGWICK COUNTY

PLEASE TAKE NOTICE that a telephone status conference with Referee

Liesman has been set

in

the above-captioned case to commence at 10:30 a.m. on

Monday, February 1, 1999. The Applicant's attorney will initiate the conference

call.

Respectfully submitted this

~

fA

day of October, 1998.

lllLL &

ROBBINS, P. C.

~71L.~

DAVIDW.

R~:#6i

DENNIS M. MONTG01\ffiRY, #6424

MARK J. WAGNER, #15286

1441 - 18th Street, #100

Denver, Colorado 80202

Telephon~:

(303)296-8100

Attorneys for Groundwater Appropriators

of the South Platte River Basin, Inc.

(10)

CERTIFICATE OF SERVICE

This is to certify that the undersigned on the

~day

of October,

1998,

placed a true and correct copy of the within pleading in the above-captioned case

in the United States mail, postage prepaid, addressed to the following:

Timothy R. Buchanan, Esq.

Timothy R. Buchanan, P.C.

7205 Nile Street

Arvada, CO 80007

(6-732) [1162-N-S.TAT]

(11)

WASHINGTON

LOWER SOUTH PLATTE WATER CONSERVANCY DISTRICT

100 BROADWAY PLAZA, SUITE 12 / .SIiISIIIiIlS_ _ / STERLING, CO 80751 / PHONE 303-522-1378 FAX 303-522-0848 February 24, 1997

Jack Odor G.A.S.P.

219 East Railroad Avenue Fort Morgan, CO 80701 Dear Jack:

The Lower South Platte Water Conservancy District would like to clarify its position in regard to filing letters of opposition. The District encourages and supports ditch companies, agriculturists and individuals who have the facilities for the development of recharge for augmentation. The primary reason for filing the statement of opposition is to review the terms

and conditions of the decree, not to appose recharge.

Some of the concerns of the District include: The structure to be augmented should be properly identified in the filing. The calculation of and accounting of recharge accretions and well depletions should be made. Any excess credits may be leased annually, but should not be

permanently transferred unless and until a decreed augmentation plan is approved by the Water Court.

Itis the goal of the District to develop a positive and working relationship with all water users throughout the area.

The District invites you to our Board meetings and if we can assist you in any way, please don't hesitate to contact us at 522-1378.

Sincerely,

Bob Schott Manager

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(96CW1060-Continued)

December, 1996 Resume Page 162

which Applicant is entitled to develop and use. 10.4 Applicant seeks a confirmation of this right to use, reuse, successively use, and otherwise dispose of all such nontributary and not nontributary ground water after lawful compensation for depletions. 10.5. Applicant shall not withdraw the not nontributary Denver aquifer water requested herein until a plan of augmentation has been approved by this Coun pursuant to C.R.S. §37-90-137(9)(c) .. Applicant reserves the right to amend this application to request such a plan prior to decree in this matter if necessary. 10.6 Pursuant to C.R.S. § 37-92-302(2) and § 37-92-305(6), Applicant will, within ten (10) days after filing this application. supplement this application with evidence that Applicant has given notice of this application by registered or cenified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mongage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicant requests that this Coun enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights. except as to those issues for which jurisdiction of the Coun will be specifically retained; and directing the State Engineer to issue well permits for such welles) as Applicant requests in conformity with this decree. 12. Specifically

determining that: 12.1. Applicant has complied with C.R.S. §37-90-137(4). and water is legally available for withdrawal specified herein, but that jurisdiction will be retained ..with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Propeny,

pursuant to C.R.S. § 37-90-305(11) and Denver Basin Rule 9(A); 12.2. The ground water in the Denver aquifer is not nontributary and the ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary; 12.3 The Applicant's full annual , acre foot entitlement from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox

Hills aquifers beneath the land described in Exhibit A may be produced through any

combination of wells constructed in the same aquifer on said land, and that the pumping rates for the wells may exceed the pumping rates specified in any future determinations for additional wells, in order to produce the full acre foot allotment of water from the aquifers. 12.4. Vested or conditionally decreed water rights of others will notbematerially injured by the withdrawals of ground water proposed herein and no findings of diligence are required to maintain these water rights. 12.5 The nature and extent of the water rights claimed herein are defined by C.R.S. §§ 37-90-137(4) and (9) and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water. exclusive of any anificial recharge. underlying the land shown in Exhibit A. 12.6 Ifa well permit authorized by the decree to be entered in this matter expires, Applicant may apply for a new well permit for such well or wells at the time Applicant is ready to construct such welles), and the State Engineer shall grant such permit(s) pursuant to the terms of the decree in this case.

96CW1061 MIC~EL,HARTIN, 3470 Martin Luther King BlVd., Denver, CO 80205.. Appl1cat1~n for ,Underground Water Right, IN PARK COUNTY. Well 1S located 1n Ind1an Mtn., Lot 33, Filing 10. Source: Groundwater Appropriation: 5/31/1973. Amount claimed: 15 gpm (CONDITIONAL) Use: In-house use single family dwelling. (2 pages)

96CW1062 Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1029. Telephone: (303) 297-1192. C/O Steven

o. Sims, Assistant Attorney General, 1525 Sherman St., 5th Fl., Denver, CO 80203. Telephone: (303) 866-5117. Application for Water Rights and Groundwater Recharge Plan, IN SEDGWICK COUNTY. Name of structures: Pony Express State Wildlife Area Recharge System: (1) Pony Express Well I 1: (2) Pony Express Recharge Pond. Legal description of each point of diversion: Pony Express Well I 1 is located approximately 100 feet north of South Platte River in the SESE of Section 6, Township 11 North, Range 44 West of the 6th P.M., Logan County, Colorado. See attached map. The capacity of the well is 2000 gpm (4.5 c.f.s.). The State Engineer's Office issued well permit 147190-F on

September 17, 1996. Source: The South Platte River and the alluvial aquifer of the South Platte River. Appropriation

(13)

1996. B. How appropriation was initiated: The Applicant began construction of monitoring holes at or near the recharge sites to evaluate groundwater elevation, fluctuation and water quality. Amount claimed: Pony Express Well # 1: 2000 gpm (4.5 cfs):

whenever legally and physically available: to fill and refill the recharge ponds, CONDITIONAL. Use or proposed use: Water pumped pursuant to the water right decreed herein from the wells

described above and piped into the recharge ponds described above will seep from the recharge ponds and recharge the alluvial aquifer of the South Platte River. Any credits attributed to such recharge accruals to the South Platte River may be used by the Applicant or by other water usersby lease, exchange, or trade, for augmentation, recharge, replacement, exchange, fish and wildlife habitat, wildlife and wildlife recovery purposes pursuant to an approved substitute supply plan or decree of this court. The amount and timing of recharge accruals to the South Platte River will be determined using the stream depletion factors (-SDF-) developed by the U.S. Geological Survey as approved in other cases or an acceptable extrapolation of the stream depletion factor approved by the State Engineer. The SDF values for each of the recharge sites and pumping plants have been and will be determined from the U.S. Geological Survey Publication entitled -Hydrogeologic Characteristics of the Valley Fill Aquifer in the Julesberg Reach of the South Platte River Valley; Colorado.- Name and address of owner of land on which structure for the water right is located: Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1000

Remarks: The Applicant in cooperation with the South Platte Lower River Group (-SPLRG-) has investigated the feasibility of constructing a groundwater recharge project in the Pony Express SWA. The project involves the construction of tributary wells and recharge ponds at each wildlife area. The tributary wells are or will be located near the South Platte River and will pump water via pipeline to the recharge ponds located further from the river during periods when there is no downstream call or compact obligation.

The Applicant has taken steps to construct the recharge systems, consisting of a well, pumping plant, pipeline and recharge pond at each of the recharge sites. The recharge systems will be used to divert water from the South Platte River for recharge into the underlying alluvial aq~ifer. The return flows generated from the recharge systems will increase stream flows in the river later in the year.

(96CWI062-Continued)

December, 1996 Resume

Page 163

, Recharge. credits .generated.by. the.systems,.and. as quantified herein, will be used to provide replacement water for depletions caused by the pumping of wells by the Division of Wildlife, including but not limited to those in Case Nos. W-7713 and 87CW135, Water Division' 1, or by other water users by lease, exchange or trade. In addition, some credit water may be used to offset depletions caused by wetland development or to improve habitat for native aquatic species of concern in

Colorado. Although the applicant's proposed uses are in Colorado only, these instate uses may unavoidably result in changes in timing of flows at the state line, for which Colorado may receive credit in a Platte Basin Endangered Species Recovery Program.

96CWI063 Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1029. Telephone: (303) 297-1192. APPLICATION FOR WATER RIGHTS AND GROUNDWATER RECHARGE PLAN, IN LOGAN COUNTY. Name of structures: A.Tamarack Ranch State Wildlife Area

Recharge System (1) Tamarack Ranch Well' 1: (2) Tamarack Ranch Recharge Pond. Legal description of each point of diversion: Tamarack Ranch Well #1 is located approximately 300 feet south of the South Platte River in the SWNE of Section 13, Township 10 North, Range 49 West of the 6th P.M., in Logan County, Colorado. See attached map. The capacity of the well is 2000 gpm, (4.5 cfs). The State Engineer's Office issued well permit #47191-F on

(14)

(96CW0163-Continued)

December, 1996 Resume Page 164

September 17, 1996. Source: The South Platte River and the alluvial aquifer of the South Platte River. Appropriation Information: 'Date of initiation of Appropriation: April 23, 1996. How appropriation was initiated: The Applicant began construction of monitoring holes at or near the recharge sites to evaluate groundwater elevation, fluctuation and water quality. Amount claimed: A. Tamarack Ranch Well I 1: 2000 gpm (4.5 cfs): whenever legally and physically available: to fill and refill the recharge ponds, CONDITIONAL. Use or proposed use: Water pumped pursuant to the water right decreed herein from the wells

described above and piped into the recharge ponds described above will seep from the recharge ponds and recharge the alluvial

aquifer of the South Platte River. Any credits attributed to such recharge accruals to the South Platte River may be used by the Applicant or by other water users by lease, exchange, or trade, for augmentation, recharge, replacement, exchange, fish and wildlife habitat, wildlife and wildlife recovery purposes pursuant to an approved substitute supply plan or decree of this court.

The amount and timing of recharge accruals to the South Platte River will be determined using the stream depletion factors

(-SDF-) developed by the u.S. Geological Survey as approved in other cases or an acceptable extrapolation of the stream

depletion factor approved by the State Engineer. The SDF values for each of the recharge sites and pumping plants have been and will be determined from the u.S. Geological Survey Publication entitled -Hydrogeologic Characteristics of the Valley Fill Aquifer in the Julesberg Reach of the South Platte River Valley, Colorado.- Name and address of owner of land on which structure for the water right is located: Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1000. Remarks: The Applicant in cooperation with the South Platte Lower River Group (-SPLRG-) has investigated the feasibility of constructing a groundwater

recharge project in the Tamarack Ranch state Wildlife Areas. The project involves the construction of tributary wells and recharge ponds at each wildlife area. The tributary wells are or will be

located near the South Platte River and will pump water via pipeline to the recharge ponds located further from the river during periods when there is no downstream call or compact obligation.

The Applicant has taken steps to construct the recharge systems, consisting of a well, pumping plant, pipeline and recharge pond at each of the recharge sites. The recharge systems will be used to divert water from the South Platte River for recharge into the underlying alluvial aquifer. The return flows generated from the recharge systems will inc~.ase stream flows in the.riv~.. later in the year. Recharge credits generated by the systems, and as quantified herein, will be used to provide replacement water for depletions caused by the pumping of wells by the Division of Wildlife, including but not limited to those in Case Nos. W-7713 and 87CW135, Water Division 1, or by other water users by lease, exchange or trade. In addition, some credit water may be used to offset depletions caused by wetland development or to improve habitat for native aquatic species of concern in Colorado. Although the applicant's proposed uses are in Colorado only, these instate uses may unavoidably result in changes in timing of flows at the state line, for which Colorado may receive credit in a Platte Basin Endangered Species Recovery Program.

96CW1064 GEORGE KUHNKE, 12360 Clay Station Road, Herald, CA 95638-9757. (Robert~. Schween, 4643 S. Ulster St., 11480, Denver, CO 80237). Applicat10n for Approval of Plan for Augmentation fOT Use of Not Nontributary Ground Water, IN EL PASO COUNTY.

2 . Background :

A. The portion of the overlying property which is the SUbject of this application is 720 acres, more or less, in Sections 17 and 20, Township 11 South, Range 65 West of the 6th P. M., in El Paso County, as shown on the General Location Map, Exhibit A, and described in Bxhibit B hereto ("Applicant's Property").

B. The ground water rights herein are owned by Shamrock Investments, L.L.C., a Wyominq Limited Liability Company ("Water

(15)

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DISTRICT COURT, WATER DIVISION NO.1, STATE OF COLORADO Case No. 96CWl162

STATEMENT OF OPPOSITION

CONCERNING THE APPLICATION FOR WATER RIGHT, SURFACE STORAGE RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION OF GASP

IN SEDGWICK COUNTY

1. Name, mailing address and telephone number of Opposer:

Fort Morgan Reservoir and Irrigation Company ("Fort

Morgan" )

Post Office Box 38

Fort Morgan, Colorado 80701

(970) 867-7561

2 . State facts as to why the application should not be

granted or why i t should be granted only in part or on certain conditions.

a. Fort Morgan is the owner and claimant of vested

water rights located in the South Platte River

basin which could be adversely affected by the

granting of this application.

b. The Application seeks a water right and surface

storage right and Fort Morgan cannot determine from

the published resume the impact of the proposed

water rights on the water rights of Fort Morgan.

c. The application also seeks approval of a plan for

augmentation. Fort Morgan cannot determine from the

pUblished resume exactly how the plan for

augmentation will operate and cannot ascertain

whether the proposed plan for augmentation provides

for appropriate accounting mechanisms. The water

rights of Fort Morgan may be adversely impacted by the operation of the plan for augmentation.

d. Fort Morgan cannot determine from the pUblished

resume all of the issues which may be raised with

respect to the water right claimed in the

application, and therefore reserves the right to

raise additional objections upon further

(16)

Case No. 96CWl162 statement of opposition Page 2

e. Applicant must be held to strict proof as to all of

the facts alleged in the application.

f. This statement of opposition is continuing in

nature and shall apply to any amendments to the

Application without the need to file additional

statements of opposition.

Respectfully submitted this

!7~day

of February, 1997.

TIMOTHY R. BUCHANAN, P~C. . . .~

~~---By: ,// .:

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imoth

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R. Buchanan, #12185 ·7205 Nile street .. Arvada, Colorado 80007 Telephone: (303) 431-9141

Attorneys for Fort Morgan Reservoir and Irrigation Company

(17)

From: TIMOTHYR.BUCHANAN To: CINDY VASSIOS Dale:216/97 Time:11:09:58

VERIFICATION

Page 4 of 33

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f:'3'J"?

I, H:3rc,ld (?riffi~h, Pr~5i..jerJt ,=',f t)-:'? r(::.!:.'r:: rvlcr'']?n Peservc,ir and

l.:.'ri·~atii)n C,=:.mpar.y, st.::!te '-...Irld<::-r c<?~c.h th.:H. 1. h?';e r~3,j r:.his sr:.3tement cf opposition and verify its:cntent.

ST.u..TE OF COLORADO

COUNTY Or MORGJ..N

Subscribed ar.d sworn to befc:.:.-e me this ~h day of February,

1997, by Harold G=iffith, Pr~sident of the Fc=~ Morgan Reservoir and

Irrigation Compan~T. Witness my ha~d and official seal.

(18)

i

Case No. 96CWl162 statement of opposition Page 4

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct ~~~ of the

foregoing Statement of Opposition was served this ~ day of

February, 1997, by placing same in the united States m~il, postage

pre-paid, addressed as follows: Donald McClary, Esq.

Epperson, McClary, Zorn & McClary

Post Office Box 597

(19)

JONATHAN W. HAYS,JUDGE

F~bruary 12, 1997

DISTRICT COURT WATER DIVISION NO.1

STATE OF COLORADO

P.O. BOX "C·

GREELEY, COLORADO 80632 (970) 351-7300, Ext. 4550

RAYMOND S. L1ESMAN,REFEREE

MARY A. CRESPIN,CLERK

ATTENTION: THE ENCLOSED INFORMATION IS VERY IMPORTANT TO YOUR WATER RIGHT!!!

TO WHOM IT MAY CONCERN:

You will find enclosed a copy of the March 4, 1997 Water Division One Term Day docket or page(s) pertaining to case(s) in which you are involved to be brought before the Honorable Raymond S. Liesman, Water Referee, at 1:00 PM or immediately following the Judge's Term Day on March 4, 1997. Term day is only for

setting cases for further action. No evidence will be considered on term day.

IF YOU HAVE ONLY ONE CASE, i t is STRONGLY recommended that you contact the Water Clerk prior to February 26, 1997, for

setting. If your case is set prior to February 26, 1997, i t will NOT be necessary for you to appear on term day.

Should you wish to set any of your cases for conference or hearing, you may do so by contacting the Water Clerk's office no later than February 26, 1997. Unless you have contacted the Referee or set your case for hearing or conference by February

26, 1997 your case MUST be set on term day.

For further assistance, please contact the Water Referee at

351-7300 extension 4598, or the Water Clerk's office at extension

4550.

Your cooperation is most appreciated! Sincerely,

10:Oc¥~

Mara.-

'c~espin

Water Clerk

Water Division No. 1 State of Colorado Enclosure(s)

(20)

95CW256

95CW258

95CW259

95CW260

March 4, 1997 Term Day Liesman Page 30 COLORADO WATER CONSERVATION BOARD, Steven Sims

IN CLEAR CREEK COUNTY Richard Foster Stephen Williamson

COLORADO WATER CONSERVATION BOARD, Steven Sims

IN BOULDER COUNTY Glenn Porzak

William Tourtillott

COLORADO WATER CONSERVATION BOARD, Steven Sims

IN GILPIN COUNTY William Tourtillott

COLORADO WATER CONSERVATION BOARD, Steven Sims

IN BOULDER COUNTY William Tourtillott

Cant. to 3/97 Term Day Cant. to 3/97 Term Day Cant. to 3/97 Term Day Cant. to 3/97 Term Day 95CW263 95CW264 95CW269 95CW273 95CW275

FARMERS' PAWNEE CANAL COMPANY, IN

LOGAN COUNTY

HARRY & CHRISTEENE BOSTRON, IN

LOGAN COUNTY

FAIRMONT CEMETERY COMPANY, IN DENVER COUNTY

GROUNDWATER APPROPRIATORS, IN

SEDGWICK COUNTY

B.R. MCNULTY, IN PARK COUNTY

Mark Wagner Timothy Buchanan Kim Lawrence Donald McClary Peter Fahmy Mark Wagner Glen Pomeroy Timothy Buchanan Kim Lawrence Donald McClary Sharon Ladd Stephen Williamson Peter Fahmy Harold McCarthur John Dingess Mary Rastall Pro se Timothy Buchanan Steven Janssen Peter Fahmy Kenneth Burke John Dingess

sc:

2/14/97 at 9:30 A.M. SC: 2/14/97 at 10:00 A.M. Cant. to 3/97 Term Day

(21)

FILED 'H \JjE:

COHBU;:rl

D COUNTY

DISTRICT COURT, WATER DIVISION NO.1, COLORADO COURTS

CASE NO.

CZ5L!tb273

APPLICATION FOR WATER RIGHTS

9S

IJ£C29

AIO:

27

CONCERNING THE APPLICATION FOR WATER RIGHTS OF:'

GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE RIVER BASIN, INC. A COLORADO NON PROFIT CORPORATION

IN SEDGWICK COUNTY.

1. Name, mailing address, and telephone number of Applicant: Groundwater Appl·opl·iato.~of the South Platte River Basin~ Inc. 219 East Raikoad Avenue

Fort ;Vlorgan~Colo.·ado 80701 2. Name of structure:

A. Parker Reservoir #1

B. Parker Reservoir If2

C. Parker Reservoir #3 D. Parker Reservoir #4 E. Parker Reservoir #5 F. Parker Reservoir #6 G. G.A.S.P Well # 21()()1-RF H. G.A.S.P Well # 21()()2-F I. G.A.S.P Well # 219()3-F J. G.A.S.P. Well #-+ K. G.A.S.P. Well # 5

3. Legal description of each point of diversion:

A. Parker Reservoir #1 In the East half of the Southeast Quarter of Section 20 and the West half of Section 21, Township 11 North, Range 46 West of the nth P. M. See attached map. The capacity of the reservoir is 1600 acre feet. B. Parker Reservoir #2 In the South half of the Southwest Quarter of

section 15 and the North half of the Northwest Quarter of Section 22. Township 11 North, Range 46 West of the 6th P.M. See attached map. The capacity of the reservoir is 1050 acre feet.

(22)

C. Parker Reservoir #3 in the East half of the East half of Section 13 and the West half of the West half of Section IH, Township 11 North, Range 46 West of the 6th P. M. See attached map. The capacity of the reservoir is 1500 acre feet.

D. Parker Reservoir #4 in the Southwest Quarter of Section 14, Township 11 North, Range 46 West of the 6th P.M. See attached ma~ The capacity of the reservoir is 700 acre feet.

E. Parker Reservoir #5 in the Northeast Quarter of Section 23, Township 11 North, Range 46 West of the 6th P. M. See attached map. The capacity of the reservoir is HO() acre feet.

F. Parker Reservoir #0 in the Southeast Quarter of Section 2:2, Township 11 North, Range 40 West of the 6th P.M. See attached map. The capacity of the reservoir is 7()() acre feet.

G. G.A.S.P Well #:21t)()I-RF in the Northwest Quarter of The Northeast Quarter of Section 15, Township 11 North, Range 40 West of the 6th P.Nt. at a point -+4 feet from the North Section line and 2474 feet from the East Section line. See attached map. The capacity of the well is 45()() gpm.

H. G.A.S.P Well # :21t)()2-F in the Northwest Quarter of The Northeast Quarter of Section 15, Township 11 North, Range 46 West of the 6th P. M. at a point 2~n feet from the North Section line and 2()()7 feet from the East Section line. See attached map. The capacity of the well is 45()() gpm.

1. G.A.S.P Well # 21t)()3-F in the Northwest Quarter of The Northeast Quarter of Section 15, Township 11 North, Range 46 West of the 6th P.ivt. at ;1

point So4 feet from the North Section line and 254t) feet from the East Section line. See attached map. The capacity of the well is 4S()() gpm.

J&K. G .A.S. P. Wells 4 and 5 are wells that will he drilled in the Southwest Quarter of Section 16, Township 11 North, Range 46 West of the 6th P. M. at points to he determined hy future test wells. See attached map. The capacity of the wells is 4500 gpm each.

4. Source: South Platte river and its tributaries.

5.

A. Date of initiation of appropriation· February 17, 1995

B. How appropriation was initiated' By joint agreement of Groundwater Appropriators of the South Platte Basin, Inc., The Lower South Platte Water Conservancy District, the Northern Colorado Water Conservancy District and

(23)

the Colorado Water Conservation Board to explore possibilities of a Lower River Sustainment Project.

C. Date water applied to bene ficial use· N / A.

6. Amount claimed: 50 cfs; whenever legally and physicallyav.ailable; to fill and refill reservoirs; (Conditional)

7. Use or proposed use:

A. N umber of acres historically irrigated: N/ A: proposed to be irrigated: N/ A; legal description of acreage: N/ A

B. If non-irrigation. describe purpose fully: Water pumped pursuant to the water right decreed herein from the wells described above and piped into one or all of the reservoirs described above will seep from the reservoirs described above and recharge the alluvial aquifer of the South Platte River. Water may also be released from any or all of the described reservoirs directly to the South Platte River or into the South Reservation Ditch. To the extent that such recharge or releases accrue to the South Platte River or the South Reservation Ditch. they will be used first to replace otherwise out-of-priority depictions attributable to existing wells or wells to be constructed that are Members of the Groundwater Appropriators of the South Platte Basin. Inc. or lie within the Boundaries of the Lower South Platte Water Conservancy District subject to an approved substitute supply plan or a decree of this court.

Any credits for recharge accruals to the South Platte River. or water available for direct release remaining after fulfilling this obligation may be used for augmentation, recharge. exchange. municipal. wildlife and wildlife recovery uses pursuant to an approved substituted supply plan or decree of this court. The amount and timing of recharge accruals to the South Platte River will be determined using the stream depletion factor concept developed by the U.S. Geological Survey as approved in other cases or an acceptable extrapolation of the stream depletion factor approved by the State Engineer. Any direct release will be measured by a method approved by the State Engineer.

8. Name and address of owner of land on which points of diversion and place of use are located: Jim Parker, P.O. Box 26, Ovid, Colo 80744.

9. Remarks: A map depicting the Pumps and Reservoirs and the area of use is attached hereto as Exhibit B.

(24)

DATED this 22nd day of December, 1995.

ATIEST: Groundwater Appropriators of The South Platte River Basin, Inc.

By:h.~ ~

Vic~ent

By~LM7Iz":~c.f'

President

)

) SS.

)

COUNTY OF

[>2(i1

q~

U

The foregoing instrument was acknowledged hefore me thisd8r(..day of

Decemher 19lJ5 hy Bart Woodward, President Groundwater Appropriators of the South Platte River Basin, Inc.

STATE OF COLORADO

Witness my hand and official seal.

My com m issio n expi res:

_--,,7:,,-+-I_/_s_''''''/--'-otJ...

Z__

:DrAA

4'~/ fl?&~

(25)

EXHIBIT B Index Map of Sites.

(26)

. /

WATER DIVISION ONE

OFFICE OF THE STATE ENGINEER

Division of Water Resources Department of Natural Resources 800 8th Avenue, Room 321 Greeley, CO 80631 Phone (970) 352-8712 FAX (303) 659-0579

96

APR

36

AIO:

23

Roy Romer Governor April 26, 1996 ~~)E~~Ii\e~~~1' ~\. • \\",;I'?fIr-r -, ~:: ~...I

OCT 1 ;)

1998

, Iu~ ~

RO BB

.~, '-JIl~. c,: : i . !t~0. James S. Lochhead Executive Director Hal D. Simpson State Engineer RichardStenzel Division Engineer

SUMMARY OF CONSULTATION HELD APRIL 15, 1996

CASE NO. 95CW273 Groundwater Appropriators of the South Platte River Basin, Inc. (GASP), Sedgwick County

DECEMBER 1995 RESUME

The applicant seeks approval of a recharge plan to replace out-of-priority depletions created by the pumping of existing or new wells of members of GASP. Excess credi ts returns to the river are proposed to be used for other purposes including augmentation, recharge, exchange, municipal, wildlife and wildlife recovery uses pursuant to an approved substi tuted

supply plan or decree of the court.

The applicants propose to pump several wells in the alluvium of the South Platte to several re~harge reservoirs. Water from the reservoirs will then seep from the reservoirs and recharge the alluvial aquifer of the South Platte River. The amount and timing of recharge accruals to the South Platte River will be determined using the stream depletion factor concept developed by the U. S. Gedlogical Survey. Any direct release will be measured by a method approved by the State Engineer.

The Division Engineer rei terates the concerns raised in the Statement of Opposition filed in this case on behalf of the State and Division Engineers. The Division Engineer also has the following specific concerns:

1) The applicant does not currently have valid well permi ts for the new uses of the subject wells, the denial of well permit applications or six months inaction by the Office of the State Engineer on such applications, therefore the Court lacks jurisdiction in this matter at this time.

2) Adequate measuring devices, acceptable to the Division Engineer or Water Commissioner and properly maintained, will be required for the administration of this water right.

(27)

Case No. 95CW273 April 26, 1995

Page 2

3) This water right, if granted, will be subject to administration. As such, the applicant will be required to report the amounts and dates of water diversion under this right to the local Water Commissioner. 4) The applicant should be required to provide proposed accounting forms to the Division Engineer and Water Commissioner which are acceptable to both of them to allow for the proper administration of this water right prior to receiving a decree in this case.

5) This recharge right, if granted, will be a junior water right subject to administration. As such, the times at which water may be appropriated by it will be limited.

Any requested information should be submitted to the Water Court, P.o. Box C, Greeley, Colorado 80632 or Telephone 351-7300, Ext. 4598.

CRS 1973, 37-92-302 (4), SIGNED INTO LAW MAY 17, 1988, PROVIDES THAT THE APPLICANT OR THE APPLICANT'S ATTORNEY SHALL MAIL OR DELIVER A COpy OF THIS CONSULTATION TO ALL PARTIES OF RECORD WHO FILED A STATEMENT OF OPPOSITION TO THIS APPLICATION, IF ANY. THE STATUTE ALSO REQUIRES THAT THE APPLICANT OR HIS ATTORNEY SHALL FILE A CERTIFICATE OF MAILING WITH THE WATER CLERK OF DIVISION 1 IF THIS SUMMARY OF CONSULTATION IS MAILED TO OPPOSING PARTIES.

RLS:JRH/jrh

xc: Hal D. Simpson, State Engineer Jim Hanrahan, Water Commissioner

~,

Division Engineer P.E.

(28)

DAVIDW;ROBBINS ROBERTF. Hll...L DENNIS M. MONTGOMERY KARENA.TOMB RONALD L. WILCOX JOHN H. EVANS MARKJ.WAGNER

Mr. Jack Odor

Box 974

Fort Morgan, CO 80701

HILL & ROBBINS,

P. C.

ATTORNEYS AT LAW 100 BLAKE STREET BUILDING

1441 EIGHTEENTH STREET DENVER, COLORADO 80202.-1256

November 5, 1998

TELEPHONE 303 296.- 8100 TELECOPIER 303 296.-2388

Dear Jack:

Re:

Application of GASP, Case No. 95CW273

A status conference with Referee Ray Liesman has been set for December 9

at 9:30 a.m. in Case No. 95CW273.

Enclosed is the summary of his consultation with the Division Engineer on

April 15, 1996, in which the Division Engineer stated that GASP does not currently

have valid well permits for the new uses of the subject wells, the denial of well permit

applications, or six months inaction by the State Engineer on such applications, and

that the Court therefore lacks jurisdiction in this matter. Section 37-92-302(2)(a) was

amended in 1996, and valid well permits, denial of well permit applications, or

inaction is no longer a jurisdictional requirement. I believe the State Engineer's

Office agrees that the 1996 amendment applies to pending applications; however, I

think we need to arrange a meeting or telephone conference with the Division

Engineer's Office prior to December 9 to address some of the other concerns stated

in the summary of consultation.

Call me to discuss.

Very truly yours,

.

~

Dennis M. Montgomery

DMM:ncr

Enclosure

(29)

DISTRICT COURT, WATER DIVISION NO.1, COLORADO

CASE NO. 95CW273

NOTICE OF STATUS CONFERENCE

CONCERNING THE APPLICATION FOR WATER RIGHTS OF:

GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE RIVER

BASIN, INC.

IN SEDGWICK COUNTY

PLEASE TAKE NOTICE that a telephone status conference with Referee

Liesman has been set in the above-captioned case to commence at 9:30 a.m. on

Wednesday, December 9, 1998. The Applicant's attorney will initiate the

conference call.

Respectfully submitted this 5th day of October, 1998. .

HILL

&

ROBBINS, P. C.

~~.~

DAVID

.W.

ROBB:#6ii~

DENNIS M. MONTGOMERY, #6424

MARK J. WAGNER, #15286

1441 - 18th Street, #100

Denver, Colorado 80202

Telephone~

(303)296-8100

Attorney for Groundwater Appropriators of

the South Platte River Basin, Inc.

(30)

-CERTIFICATE OF SERVICE

This is to certify that the undersigned on the 5th day of October, 1998,

placed a true and correct copy of the within pleading in the above-captioned case

in the United States mail, postage prepaid, addressed to the following:

Timothy R. Buchanan, Esq.

Timothy R. Buchanan, P.C.

7205 Nile Street

Arvada, CO 80007

Steven O. Sims, Esq.

Assistant Attorney General

1525 Sherman St., 5th FIr.

Denver, CO 80203

Steven

L~

Janssen, Esq.

Steven L. Janssen, P.C.

705 Maxwell Ave.

Boulder, CO 80304

Kim R. Lawrence, Esq.

Lind, Lawrence

&

Ottenhoff

The Law Building

1011 Eleventh Avenue

Greeley, Colorado 80631

(31)

DAVID W. ROBBINS ROBERTF. HILL DENNISM. MONTGOMERY KAREN A. TOMB RONALD L. WILCOX .JOHNH.EVANS MARKJ. WAGNER

Mary Crespin

Water Oerk

Water Division No.1

P. O. Box C

Greeley, CO 80632

HILL & ROBBINS,P. C.

ATTORNEYS AT LAW

100BLAKE STREET BUn..DING

1441EIGHTEENTH STREET DENVER, COLORADO80202~t2~6

October 19, 1998

TELEPHONE 303 296~8100 TELECOPIER 303 296~2388

Dear Mary:

Re:

Applications for Water Rights of GASP, Case No.

95CW273

I have enclosed the original and three copies of the Certificate of Mailing

of Division Engineer's Summary of Consultation in the above-referenced case,

forwarded to you for filing.

Thank you for your assistance.

Very tIuly yours,

\7;~h;;,

Nancy ckiaiford

Secretary to

Dennis M. lvlontgomery

:ncr

Enclosures

cc:

Counsel of Record

ck Odor

(32)

DISTRICT COURT, WATER DIVISION NO.1, COLORADO CASE NO. 95CW273

CERTIFICATE OF MAILING OF DMSION ENGINEER'S SUMMARY OF CONSUL-TATION

CONCERNING THE APPLICATION FOR WATER RIGHTS OF:

GROUNDWATER APPROPRIATORS· OF THE SOUTH PLATIE RIVER BASIN, INC.

IN SEDGWICK COUNTY

This is to certify that the undersigned on the 19th day of October, 1998, placed a true and correct copy of the Division Engineer's Summary of Consultation held April 15, 1996, in the above-styled matter in the United States mail, postage prepaid, addressed to the following:

Timothy R. Buchanan, Esq.

Timothy R. Buchanan, P.C. 7205 Nile Street

Alvada, CO 80007

Steven O. Sims, Esq. _

Assistant Attorney General 1525 Sherman- St., 5th FIr. Denver, CO 80203

Steven L. Janssen, Esq.

Stev.en L. Janssen, P.C. 705 Maxwell Ave. Boulder, CO 80304

Kim R. Lawrence, Esq.

Lind, Lawrence & Ottenhoff The Law Building

1011 Eleventh Avenue Greeley, Colorado 80631

(33)

96

APR

36

AIO:

23

/

WATER DIVISION ONE

OffiCE Of THE STATE ENGINEER

Division of Water Resources Department of Natural Resources 800 8th Avenue, Room 321 Cr-eeley, CO 80631 Phone (970) 352-8712 FAX (303) 659-0579 April 26, 1996

~ECE'\!~D

OCT 1 3

1998

'-~llL

&

ROBBINS,

P ('

Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson St.1te Engineer RichardStenzel Division Engineer

SUMMARY OF CONSULTATION HELD APRIL 15, 1996

CASE NO. 95CW273 Groundwater Appropriators of the South Platte River Basin, Inc. (GASP), Sedgwick County

DECEMBER 1995 RESUME

The applicant seeks approval of a recharge plan to replace out-of-priority depletions created by the pumping of .exi~ting or .new wells of members of GASP. Excess credi ts returns to the riyer are proposed to be used for other purposes including augmentation, recharge, exchange, municipal, wildlife and wildlife recovery uses pursuant to an approved substituted supply plan or decree of the court.

The applicants propose to pump several wells in the alluvium of the South Platte to several re~harge reservoirs. Water from the reservoirs will then seep from the reservoirs'and - recharge the alluvial aquifer of the South Platte River. The amount and timing of recharge accruals to the South Platte River will be determined using the stream depletion factor concept developed by the U. S . .Geological Survey. Any direct release will be

~measured by a method approved by the State Engineer.

The Division Engineer reiterates the concerns raised in the Statement of Opposition filed in this case on behalf of the State and Division Engineers. The Division Engineer also has the following specific concerns:

- 1) The applicant does not currently have valid well permits for the new uses of the subject wells, the denial of well permit applications or six months inaction by the Office of the state Engineer on such applications, therefore the Court lacks jurisdiction in this matter at this time.

- .... -

.-2) Adequate measuring devices,. acc~ptable to ·-the Division Engineer or Water Commissioner and properly maintained,· will be required for the administration of, this water r~ght.

(34)

Case No. 95CW273 April 26, 1995

Page 2

3) This water right, if granted, will be subject to administration. As such, the applicant will be required to report the amounts and dates of water diversion under this right to the local Water Commissioner. 4) The applicant should be required to provide proposed accounting forms to the Division Engineer and Water Commissioner which are acceptable to both of them to allow for the proper administration of this water right prior to receiving a decree in this case.

5) This recharge right, if granted, will be a junior water right subject to administration. As such, the times at which water may be appropriated by i t will be limited.

Any requested information should be submitted to the Water Court, P.o. Box C, Greeley, Colorado 80632 or Telephone 351-7300, Ext. 4598.

CRS 1973, 37-92-302 (4), SIGNED INTO LAW MAY 17, 1988, PROVIDES THAT THE APPLICANT OR THE APPLICANT'S ATTORNEY SHALL MAIL OR DELIVER A COPY OF THIS CONSULTATION TO ALL PARTTES OF RECORD WHO FILED A STATEMENT OF OPPOSITION TO THIS APPLI~_TION, IF

ANY.

THE STATUTE ALSO REQUIRES THAT THE ~~PLlCANT OR HIS ATTORNEY SHALL FILE A CERTIFICATE OF MAILING WITH THE WATER CLERK OF DIVISION 1 IF THIS SUMMARY OF CONSULTATION IS MAILED TO OPPOSING PARTIES.

RLS:JRH/jrh

xc: Hal D. Simpson, State Engineer Jim Hanrahan, Water Commissioner

(35)

,-'

.'..._--...-.

Groundwater Appropriators of the

South Platte River Basin Inc.

P.O. Box 974 • 219 E. Railroad Ave. Fort Morgan, Colorado 80701 303-867-5298

CERTIFICATE OF MAILING CASE NO. 95 CW 273

I hereby certify that on this 10th day of May 1996, I mailed a true and correct copy of the foregoing consultation letter by depositing i t into the united States mail, postage

prepaid, to the applicant or their attorney listed below: Steven L. Janssen, #10200

Attorney for the Henrylyn Irrigation District 745 Walnut Street

Boulder, Colorado 80302 Peter A. Fahmy, 15975

Assistant Attorney General Natural Resources Section

1525 Sherman Street, 5th Floor Denver, Colorado 80203

Kim R. Lawrence, #8366

Attorney for Lower South Platte Water Conservancy District

The Law Building 1011 Eleventh Avenue Greeley, Colorado 80631 Timothy R. Buchanan, #12185

Attorney for Jackson Lake Reservoir and Irrigation Company

3100 Arapahoe Avenue, Suite 204 Boulder, Colorado 80303

Timothy R. Buchanan, #12185

Attorney for Fort Morgan Reservoir and Irrigation Company

3100 Arapahoe Avenue, Suite 204 Boulder, Colorado 80303

c

»~ ~#

/??

aA~

(36)

WATER COURT, \VATER DIVISION I, STATE OF COLORADO CASE NO. 95-CW-273

VERIFIED S ATEl\1ENT OF OPPOSITION

IN RE THE APPLICATION OF GROUND APPROPRIATORS OF THE SOUTH PLATTE RIVER;

FOR WATER RIGHTS

iN SEDGWICK COUNTY.

1. The name and address of the Objector is: The Henr{lyn Irrigation District, Post Office Box 85, Hudson, Colorado 80642;

2. The name of the structures involved are as stated in the Application;

3. Reasons why the Application should not be granted, or should be granted only in part upon this Objector's participation are:

\ .

(a) The Henrylyn Irrigation District owns and represents the owners of numerous water rights within the South Platte River Watershed, which ~aterrights may be materially injuredif this Application is granted in whole or in part, without this Objector's participatIon;

(b) The Application fails to contain information upon which The Henrylyn Irrigation District can base specific objections; thus, this Objector reserves the right to state additional grounds for objection when additional information becomes available.

Respectfully submitted this

ZtB

/c

(37)

VERIFICATION

STATE OF COLORADO) ) SS. COUNTY OF BOULDER)

I, StevenL.Janssen, P.C .the attorney for the Henrylyn Irrigation District, being of lawful age and being first duly sworn upon my oath, depose and say that I have read the foregoing Statement of Opposition, and the contents therein are true and correct, to the best of JI;ly knowledge and belief.

SUBSCRIBED AND SWORN to before me this -"",-,--,,-_ Witness my hand and official seal.

CERTIFICATE OF MAILING

I hereby certify that a true and correct copy of the for~oing VERIFIED STATEMENT IN OPPOSITION~Nasdeposited into the United States Mail this ...2a'Oay of February,1996,postage prepaid, addresser!to: G.A.S.P. 219 E. Railroad Ave. Ft. Morgan, CO 80701

\

\

(38)

WATER DIVISION ONE

OFFICE OF THE STATE ENGINEER

Division of Water Resources Department of Natural Resources 800 8th Avenue, Room 321 Greeley, CO 80631 Phone (970) 352-8712 FAX (303) 659-0579

STATE

OF COLOAADO

Roy Romer Governor James S. Lochhead Executive Director April 26, 1996 Hal D. Simpson State Engineer Richard Stenzel Division Engineer

SUMMARY OF CONSULTATION HELD APRIL 15, 1996

CASE NO. 95CW273 Groundwater Appropriators of the South Platte River Basin, Inc. (GASP), Sedgwick County

DECEMBER 1995 RESUME

The applicant seeks approval of a recharge plan to replace out-of-priority depletions created by the pumping of existing or new wells of members of GASP. Excess credi ts returns to the river are proposed to be used for other purposes including augmentation, recharge, exchange, municipal, wildlife and wildlife recovery uses pursuant to an approved substi tuted supply plan or decree of the court.

The applicants propose to pump several wells in the alluvium of the South Platte to several recharge reservoirs. Water from the reservoirs will then seep from the reservoirs and recharge the. alluvial aquifer of the South Platte River. The amount and timing of recharge accruals to the South Platte River will be determined using the stream depletion factor concept developed by the U. S. Geological Survey. Any direct release will be measured by a method approved by the State Engineer.

The Division Engineer rei terates the concerns raised in the Statement of Opposition filed in this case on behalf of the State and Division Engineers. The Division Engineer also has the following specific concerns:

1) The applicant does not currently have valid well permits for the new uses of the subject wells, the denial of well permit applications or six months inaction by the Office of the State Engineer on such applications, therefore the Court lacks jurisdiction in this matter at this time.

2) Adequate measuring devices, acceptable to the Division Engineer or Water Commissioner and properly maintained, will be required for the administration of this water right.

(39)

Case No. 95CW273 April 26, 1995

Page 2

3) This water right, if granted, will be subject to administration. As such, the applicant will be required to report the amounts and dates of water diversion under this right to the local Water Commissioner. 4) The applicant should be required to provide proposed accounting forms to the Division Engineer and Water Commissioner which are acceptable to both of them to allow for the proper administration of this water right prior to receiving a decree in this case.

5) This recharge right, if granted, will be a junior water right subject to administration. As such, the times at which water may be appropriated by it will be limited.

Any requested information should be submitted to the Water Court, P.o. Box C, Greeley, Colorado 80632 or Telephone 351-7300, Ext. 4598.

CRS 1973, 37-92-302(4), SIGNED INTO LAW MAY 17, 1988, PROVIDES THAT THE APPLICANT OR THE APPLICANT'S ATTORNEY SHALL MAIL OR DELIVER A COPY OF THIS CONSULTATION TO ALL PARTIES OF RECORD WHO FILED A STATEMENT OF OPPOSITION TO THIS APPLICATION, IF ANY. THE STATUTE ALSO REQUIRES THAT THE APPLICANT OR HIS ATTORNEY SHALL FILE A CERTIFICATE OF MAILING WITH THE WATER CLERK OF DIVISION 1 IF THIS SUMMARY OF CONSULTATION IS MAILED TO OPPOSING PARTIES.

/ §';

7fE=J

~~~iiil,

P.E.

Division Engineer RLS:JRH/jrh

xc: Hal D. Simpson, State Engineer Jim Hanrahan, Water Commissioner

(40)

WATER DIVISION ONE

OFFICE OF THE STATE ENGINEER

Division of Water Resources Department of Natural Resources 800 8th Avenue, Room 321 Greeley, CO 80631 Phone (970) 352-8712 FAX (303) 659-0579

STATE OF COLOMOO

Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer Rich<Hd Stenzel Division Engineer CERTIFICATE OF MAILING CASE NO. 95 CW 273

I hereby certify that on this 29th day of April 1996, I mailed a true and correct copy of the foregoing consultation letter by depositing it into the United States mail, postage prepaid, to the applicant or their attorney listed below:

Hal Simpson, State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203

Groundwater Appropriators of the South Platte River Basin, Inc. 219 East Railroad Avenue

(41)

WASHINGTON

LOWER SOUTH PLATTE WATER CONSERVANCY DISTRICT

100 BROADWAY PLAZA, SUITE 12 I I STERLING, CO 80751 I PHONE 303-522-1378 FAX 303-522-0848 February 12, 1996

Groundwater Appropriators of'the South Platte River Basin

P. O. Box 974

Ft. Morgan, CO 80701 Dear Jack:

You filed an application for water right which appeared in the December 1995 Resume. While the District is in

full

support of'recharge projects as a way to preserve Colorado water and to provide well augmentation, your application omits several important items. The amount, timing and location of'the accretions from the recharge and the ultimate use of'the recharge must be described in any decree entered granting your application. Since these details were not set out in the application the Board of'Directors plans to file a statement of opposition to the application before the end of the protest period so that the District can obtain the information concerning these items. The District wants to cooperate with you to insure that a properly decreed recharge plan is obtained. The District would like to meet with you at your earliest opportunity to review your application.

Sincerely,

(42)

DISTRICT COURT, WATER DIVISION NO.1, COLORADO Case No. 95CW273

STATEMENT OF OPPOSITION

IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF

GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE RIVER BASIN, IN SEDGWICK COUNTY.

1. Name of- objector(s):

Mailing address(es):

Harold D. (Hal) Simpson State Engineer Richard L. Stenzel Division Engineer 1313 Sherman, #818 Denver, CO 80203 800 8th Ave., #321 Greeley, CO 80631

2. Name of ditch or structure: As more fully described in the application.

3. State facts why application for water rights should not be granted or why it should be granted only on certain conditions:

a. While the Engineers are generally in support of this proposed recharge plan, the Applicant must provide sufficient evidence that the claimed recharge will accrue to the aquifer and that the claimed recharge accruals will replace depletions in time, place and amount to prevent injury to other vested water rights.

b. The court lacks jurisdiction to hear this application until such time as the application is supplemented by evidence of a valid well permit, denial, or evidence of the State Engineer's inaction upon such permit for a period of six months.

c. Adequate accounting and other terms and conditions will have to be developed to prevent injury to the vested water rights of others and assist in the proper administration of this plan.

(43)

4. The State and Division Engineers are unable to determine from the resume whether additional grounds for opposition exist and, therefore, reserve the right to assert other grounds for opposition as they become known.

5. This statement of opposition is continuing in nature and shall apply to any and all future amendments to the original application.

Dated this _ _ day of February, 1996.

GALE A. NORTON Attorney General

TIMOTHY M. TYMKOVICH Solicitor General

JENNIFER L. GIMBEL Deputy Attorney General LEE E. MILLER

First Assistant Attorney General

-~~

;2{

/ -r~- ~

t!

c/{' . ~

-:.---PETER A. FAHMY, 159 5* Assistant Attorney General Natural Resources Section

Attorneys for State and Division Engineers 1525 Shennan Street, 5th Floor

Denver, Colorado 80203 Telephone: (303) 866-5117 FAX: (303) 866-3558 *Counsel of Record AG Alpha: NR WE IAIWM AG File: P:\NR\NRMICHHD\SOP\FEB.96\DIV.l

(44)

STATE OF COLORADO

CITY AND COUNTY OF DENVER ) )ss

)

I, Steve Lautenschlager, Assistant State Engineer for the State of Colorado, Division of Water Resources, being duly sworn, hereby state that I have read the foregoing statement of opposition, and that the contents are true to the best of my knowledge.

'~~~~

Steve Lautenschlager Assistant State Engineer

Colorado Division of Water Resources

Subscribed and sworn to before me

this,.2~dayOf~~~

1996, by Steve

Lautenschlager.

V

My Commission expires:

~---~~~~om~o

(45)

CERTIFICATE OF SERVICE

This is to certify that I have duly served the within STATEMENT OF OPPOSITION upon all parties herein by depositing copies of same in the United States mail, postage prepaid, at Denver, Colorado, this ~ay of February 1996, addressed as follows: .

GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE RIVER BASIN, INC.

219 EAST RAILROAD AVENUE FORT MORGAN CO 80701

(46)

DISTRICT COURT, WATER DIVISION NQ 1, COLORADO Case NQ 95-CW-273

STATEMENT OF OPPOSITION

CONCERNING THE APPLICATION FOR WATER RIGHTS OF

GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE RIVER BASIN, INC. IN SEDGWICK COUNTY.

Name of Objector:

Mailing Address:

Lower South Platte Water Conservancy District

(referred to as Lower)

-clo Robert Schott Executive Director

100 Broadway Plaza, Suite 12 Sterling, Colorado 80751

2. Name of Ditch or Other Structures: Parker Reservoir NQ 1, Parker Reservoir NQ 2, Parker Reservoir NQ 3, Parker Reservoir NQ 4, Parker Reservoir NQ 5, Parker Reservoir NQ 6, GASP Well NQ 21901-RF, GASP Well N221902-F, GASP Well NQ 21903-F, GASP Well NQ 4, GASP Well NQ 5.

3. This Application should not be granted or should be granted only upon certain conditions for the following reasons:

a Lower is the owner of and has within its boundaries numerous water rights out of the South Platte River for agricultural and other uses, for varying dates and amounts both for direct use and storage, including rights to use of waters in the South Platte River for augmentation and exchange.

b. Approval of the Application, without any conditions or limitations would result in an adverse effect on the rights of this Objector and its members. The proposed use of the water in this Application 'NOuld alter stream depletions and return flows which 'NOuld adversely effect and change the historic burden on the stream.

(47)

c. It is incumbent upon the Applicant to show that its proposed Application will not injure other appropriators of water from the South Platte River and its tributaries, whether senior or junior.

d. Applicant must demonstrate that the quantity, quality, timing and place of recharge are sufficient to off-set any injury or out-of-priority depletions to the stream.

e. At this time Lower does not have available enough facts surrounding the claims contained in the Application so as to determine what ultimate conditions and limitations should be placed on Applicant so as to adequately protect the rights of Lower and it's constituents. Therefore, the objections above should not be vie'Ned as all encompassing as LO'Ner may, after further investigation, find additional deficiencies in the proposed Application. f. Due to the lack of information contained in the Application, LO'Ner is unable

to determine all the facts necessary to adequately set forth further objections. Therefore, LO'Ner reserves the right to raise additional objections at a later date.

DATED this

~day

of February, 1996.

LIND, LAWRENCE & OTTENHOFF

~ l..~~

Kim R. Lawrence, #8366

Attorney for Lower South Platte Water Conservancy District The Law Building

1011 Eleventh Avenue Greeley, Colorado 80631 Telephone: 356-9160

(48)

j

STATE OF COLORADO )

) ss.

COUNTY OF LOGAN )

I, Robert Schott, being first duly s'vVOm upon oath, depose and say: that I am the Exea..rtive Director for the LO'Ner South Platte Water Conservancy District, that I have read the foregoing Statement of Opposition and that the matters therein stated are true and correct to the best of my knowtedge, information and. belief..

~

Robert Schott

Subscribed and s'vVOm to before me this

d "

day of February, 1996, by Robert Schott..

WITNESS my hand and official seal.

.. My Commission Expires:

_..3_/_1

1_1...;9__

~

_

/ . ':\. \'\

CERTIFICATE OF MAILING

A~

I hereby certify that on the

1'!1

dayofFebruary, 1996 I placed a true and correct copy of the foregoing STATEMENT OF OPPOSITION in the United States mails, postage prepaid, to: GASP, 219 E. Railroad Avenue, Fort Morgan, CO. 80701.

~.o"=y ~.o&,

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