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Week of February 24, 2022
ARAPAHOE COUNTY, COLORADO
A publication of
EnglewoodHerald.net
VOLUME 102 | ISSUE 2
Englewood launches overhaul of planning, development code First of several community forums highlights sustainability, housing efforts
City looks at organized trash services BY THELMA GRIMES TGRIMES@COLORADOCOMMUNITYMEDIA.COM
The City of Englewood announced through a website post on Feb. 15 that it is exploring the possibility of changing to an organized collection system for garbage and recycling collection. Through an organized collection system, the city would contract with one vendor who would provide service to all residential properties in Englewood. Recycling service would be provided to all households. In requesting citizen input, the City of Englewood broke down the advantages and disadvantages of moving to a new system.
BY ROBERT TANN RTANN@COLORADOCOMMUNITYMEDIA.COM
As the City of Englewood looks to overhaul its land use and development code, which the city has dubbed Project CodeNext, planning and zoning officials hosted an in-person forum Feb. 17 to hear feedback from the community. With regulations that have not been updated for nearly 20 years, the city is hoping to meet a roughly 10-month timeline for when its council could adopt new guidelines that could dictate parking and mobility, sustainability efforts and Englewood’s housing supply. “Given the fact that there’s a lot of investment, building going on not only in Englewood but throughout the metro area, now’s the right time to take a look at the next generation of the character and development of this community,” said Brad Power, director for Englewood’s Community Development Department. The Feb. 17 forum marked the first of what city officials said would be several public hearings and community outreach efforts. The city plans to begin drafting new code language from April through August, with a final draft appearing before council sometime in November or December. A large topic of discussion during the forum centered around sustainability and environmental SEE CITY, P15
Talking trash in Englewood
According to city officials, the advantages of an organized collection system include: • Increased efficiency (every house on the block is served by the same company) which results in: • Decreased impacts from truck traffic (pavement wear & tear, noise, emissions) • Decreased fuel consumption • Greater community control over waste services including the ability to structure the program in alignment with community goals • Competitive bidding process ensures fair pricing — you pay what your neighbor pays • Increases are automatically built into the contract and are therefore planned and predictable
The city is aiming to send new land use and development guidelines to city council FILE PHOTO BY ELLIS ARNOLD for approval by November or December of this year.
INSIDE: CALENDAR: PAGE 9 | VOICES: PAGE 10 | LIFE: PAGE 12 | SPORTS: PAGE 14
Disadvantages of an organized collection system are: • Households do not have a choice SEE TRASH, P16
VAN LIFE
With four wheels and a view, let it roll P12
2 The Herald
February 24, 2022
Briefly In Englewood Save with Englewood home improvement programs According to the spring edition of the Englewood Citizen magazine, the City of Englewood provides two home-improvement programs for homeowners — the Energy Efficiency Englewood Grant and the Home Repair and Improvement Loan Program. The Energy Efficiency Englewood program offers grants, up to $8,000, to low- and moderateincome Englewood homeowners for energy efficiency upgrades as determined by an energy audit. The Home Repair and Improvement Loan Program provides financial assistance to qualified Englewood homeowners for home repairs and improvements. To be eligible, the property must be owner-occupied. The homeowner’s income may not exceed 80% of the area median income. All loans are zero percent interest and the loan is deferred until the home is sold. To apply or learn more about these programs, visit englewoodco.gov/housing.
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Saving ash trees in Englewood According to the City of Englewood there are an estimated that there are 22,600 ash trees in Englewood, and the survival of these trees is being threatened. The emerald ash borer (EAB) is an invasive, boring beetle that arrived in the U.S. in the 1990s. By 2015, Boulder experienced a total infestation of its ash trees. EAB was last reported in Arvada two years ago, spreading toward Englewood. This boring beetle has few to no enemies to keep it in check, so the potential for infestation is high without preventive measures. The City of Englewood will be implementing a commu-
nity forestry program to help subsidize Englewood citizens for the treatment or removal of ash trees on private property. This program will be developing in the first quarter of 2022. If you need help identifying or determining if you have an ash tree on your property, visit the city’s website at englewoodco.gov/eab.
Volunteers needed to help during snow season We’re looking for snow buddy volunteers that will lend a helping hand to their neighbors. Volunteers will shovel their snow buddy’s sidewalk to their front door, plus the public sidewalk in front of their property within 24 hours of a snowfall. Apply at englewoodco.gov/ neighborhoods.
Masks still required at Englewood Schools for now At its Feb. 1 meeting, the Englewood Schools Board of Education opted to continue with universal masking in schools. The board is expected to reconsider the topic at the March As mask-wearing mandates expire – 1 regular the question remains – should you still meeting. SHUTTERSTOCK IMAGES wear one? At the early February meeting, the board heard from community members who felt passionately both about keeping masks and about making them optional. The Englewood Schools Board of Education will decide the issue while other school districts have already made the change. Douglas County School District ditched mask mandates after the new board members were sworn in in January. The Cherry Creek School District and Jefferson County School District eliminated mask mandates at different times in February. However, Cherry Creek parents were told masks are not required but they are “recommended.”
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The Herald 3
February 24, 2022
Mesa County Clerk Tina Peters to run for Colorado’s top election official BY JESSE PAUL THE COLORADO SUN
Embattled Mesa County Clerk Tina Peters, who was briefly jailed two weeks ago on charges of obstructing a peace officer and obstructing government operations, said she is running to become Colorado’s top election official. Peters, a Republican, announced her candidacy to become Colorado secretary of state on Monday on a show run and hosted by Steve Bannon, the controversial former adviser to former President Donald Trump. Bannon was indicted in recent months on suspicion of being in contempt of Congress. “Colorado deserves a secretary of state who will stand up to the Biden administration that wants to run our country into the ground with nationalized elections,” she said. Peters is under grand jury investigation for a security breach of her county’s election system after she allegedly allowed an unauthorized person to attend a sensitive Dominion Voting Systems software update and facilitate the digital copying of her election system. Peters, who has spread conspiracy theories about the 2020 presidential election being stolen, has not formally filed to run to be Colorado secretary of state. She was initially running for reelection to a second four-year term as Mesa County’s clerk and recorder. She cannot simultaneously run for both positions. There are a few other Republicans running this year to be Colorado’s secretary of state, including Pam Anderson, Jefferson County’s former clerk and recorder and the former leader of the Colorado County Clerks Association. Anderson has been critical of Peters and has rejected baseless claims that the 2020 presidential election was stolen. Anderson and Peters are running to unseat Colorado Secretary of State Jena Griswold, a Democrat. Peters was barred from having an oversight role in the 2021 election because of the ongoing local, state and federal criminal investigations into her conduct. Griswold is seeking to bar her from having an
oversight role in the 2022 election. Griswold on Monday called Peters “unfit” to be secretary of state and “a danger to Colorado elections.” “Peters compromised voting equipment to try to prove conspiracies, costing Mesa County taxpayers nearly $1 million dollars,” Griswold said. “She works with election deniers, spreads lies about elections, was removed from overseeing the 2021 Mesa County election, and is under criminal investigation by a grand jury. Colorado needs a secretary of state who will uphold the will of the people; not one who embraces conspiracies and risks Coloradans’ right to vote.” Griswold has already been invoking Peters in fundraising emails for her 2022 election, pointing to Peters as the reason why voters should elect to her another term as Colorado’s top election official. Peters’ arrest two weeks ago came as she was being investigated for allegedly filming a court hearing for her deputy, Belinda Knisley, who is facing felony and misdemeanor charges. The Associated Press reports Peters is accused of resisting police efforts to seize the iPad she allegedly used to record the hearing. Peters allegedly tried to kick an officer who was trying to arrest her, according to an arrest warrant affidavit. David Winney, a Colorado Springs man who also has questioned the results of the 2020 presidential election, and Mike O’Donnell, a nonprofit executive who lives in Kirk, are also running for the GOP secretary of state nomination. O’Donnell objects to Election Day voter registration and claims that many registered voters aren’t citizens. Colorado’s primary will be held June 28. This story is from The Colorado Sun, a journalist-owned news outlet based in Denver and covering the state. For more, and to support The Colorado Sun, visit coloradosun. com. The Colorado Sun is a partner in the Colorado News Conservancy, owner of Colorado Community Media.
ARAPAHOE COUNTY
Now hiring in Road and Bridge Our Public Works and Development department is filling several positions in our Road and Bridge Division. Earn a competitive salary with full benefits. Some positions include a $2,500 sign-on incentive. Learn more and apply at arapahoegov.com/careers or scan the QR Code with your smartphone.
Nominations for the Arapahoe County Mayors and Commissioners Youth Awards, a scholarship program for exceptional high school seniors, are now open. Deadline for submissions is March 18. Visit arapahoegov.com/youthawards
We want to hear from you As Arapahoe County moves forward with the creation of a single-county public health department, we are examining the public health needs of residents and businesses. Share your input by taking weekly surveys on our website. Visit www.arapahoegov.com/health for this week’s survey or to get more information.
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Looking ahead 2022 Join us for a series of virtual town hall meetings in February. Each Commissioner will highlight projects and initiatives, as well as provide updates on the formation of the new Arapahoe County health department. Learn what’s on tap for the County, and each district, during 2022. All meetings start at 6:30 p.m. Visit arapahoegov.com/townhall for details. Upcoming dates: • Wednesday, Feb. 23: Carrie Warren-Gully, District 1 • Thursday, Feb. 24: Bill Holen, District 5
arapahoegov.com
4 The Herald
February 24, 2022
Looking at ways to live with heart failure Frightening diagnosis can be followed with effective treatments
The Heart Failure Clinic at The Medical Center of Aurora/Aurora Denver Cardiology Associates include Dr. Richard Jantz, at left, NP Miriam Halazon, and Nurse Alicia Chapman. COURTESY PHOTO
BY THELMA GRIMES TGRIMES@COLORADOCOMMUNITYMEDIA.COM
About 6.2 million adults in the U.S.s are living with heart failure and there are almost 900,000 new cases diagnosed each year. The course of treatment and patient prognosis can vary greatly by individual. With February being American Heart Month, Colorado Community Media caught up with Miriam Halazon, a nurse practitioner with The Medical Center of Aurora’s Heart Failure Clinic. Below are answers to questions involving heart failure. Does heart failure mean my heart has stopped working or may stop working? For many the diagnosis of heart failure is terrifying, as the word “failure” instills fear of imminent death. While heart failure is a serious chronic condition, and it does require medical management, there are therapies that improve outcomes, including longevity and quality of life. Heart failure means the heart has become weak and is not able to pump blood the way it should. A healthy heart is a strong muscle that pumps blood continuously through the circulatory system, beating in
an organized way, supplying oxygenrich blood to the body’s cells. When you have heart failure, the heart is unable to keep up with the workload. It keeps working but can’t pump enough blood to the body to meet its needs for nutrients and oxygen. Heart failure can worsen over time and requires watchful care and treatment. Many people with heart failure lead normal, active lives because they take care of themselves by improving their lifestyle including eating healthy, exercising, showing up for appointments with a heart failure provider, and taking medications correctly. Once a patient with heart failure is perscribed medication, are they good to go? Medication is an important cornerstone of heart failure management. Evidence-based research has provided clinical data which shows improvement in outcomes when
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patients are managed appropriately with medical therapy. Through the use of clinical data, standardized medical treatment guidelines have been developed and are recommended through organizations such as American Heart Association, American College of Cardiology, and Heart Failure Society of America. Medication management is dependent upon your type of heart failure. For many patients, this may include between four and six different medications. With each medication there is an optimal recommended dose. These medications work to improve heart muscle function. Unfortunately, starting all the recommended medications at their optimal dosing is not well tolerated. When starting these medications there is an art to the medicine – starting the medications and increasing dosing is a collaborative practice between patient and physician which occurs over several weeks to months. It is important for patients to be active participants in their care, noting how they feel on their medications and with each dose increase (side effects), monitoring their blood pressures, and communicating concerns with their provider. In our practice we plan to see patients every week while we are working to get their medications started and titrated up to optimal dosing. There is a real partnership between doctor and patients. The goal is to help patients move from novice to expert in the understanding and management of their heart failure diagnosis. It is often difficult in other health-care settings to be able to see patients this frequently – but this is the benefit of a specialized heart failure clinic.
Once heart failure improves, can a patient stop taking medications? No, not at this time. Clinical evidence at this time suggests that we should continue effective treatments indefinitely. One trial, the TRED-HF trial, was a randomized study in which patients who had improved heart muscle function back to normal were taken off of their medications over a 16-week period. The study had a 44% drop in their heart muscle function within just eight weeks. This trial had limitations, but clearly suggests that we should not discontinue medical treatment once heart muscle function has improved. What are lifestyle changes that can improve quality of life and outcomes? 1. Diet - limit sodium intake and monitor fluid intake. This should be discussed with guidances provided by a physician as it can change based on heart failure symptoms and severity. 2. Exercise – Exercise helps your heart and it is recommended to get at least 30 minutes per day most days of the week. But again … talk with a health care provider before beginning to exercise to set goals. Sometimes your provider may order cardiac rehab. Cardiac rehab helps patients in a monitored setting with medical support to regain strength and stamina, achieve nutrition and exercise guidance, track progress, and encourages self-management and independence. 3. Weigh yourself daily – By weighing yourself daily, you can spot changes in weight, which could signal an increase in fluid and exacerbation of heart failure. Early notification to provider of weight changes can improve management. 4. Avoid alcohol – Alcohol damages cells, including heart cells, and can further weaken already weak heart muscles. 5. Stick to medication plan – Medications can’t work if you do not take them as you should. Never stop taking medication without discussing with a doctor first. Discuss all side effects with physician. (Editor’s Note: The answers in this story were only changed for length, clarity and grammar.)
Join us for an amazing performance! February 26, 7:30 pm Mizel Arts and Culture Center, Staenberg-Loup Jewish Live-stream available for this date. February 27, 3:00 pm Temple Emanuel Venue-specific COVID guidelines.
Tickets: stmartinschamberchoir.org
The Herald 5
February 24, 2022
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6 The Herald
February 24, 2022
‘Space to wonder’ lets imagination roam Museum gallery offers premier photo exhibit with five-decade history BY SONYA ELLINGBOE SELLINGBOE@COLORADOCOMMUNITYMEDIA.COM
The Littleton Fine Arts Committee challenged photographers in the call for artists to the 2022 “Through the Eye of the Camera” exhibit, a show the committee has run for more than 50 years, following the initial suggestion of late member Gene Kramer, who was ad director for a large company and knew a number of skilled local photographers. It has grown in popularity and was at one time the exhibit that drew the most guests to the opening receptions hosted by the committee back when that was possible. Area photographers enjoyed comparing notes with each other regarding cameras and other equipment, and
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tion to a subject as it was translated into a framed work. Photographers submitted both color and black-andwhite prints and most labels share type of camera and paper used, since the camaraderie of the reception is missing. Jenkins’ selection for Best of Show is Marshal Clark’s “Muonionalusta No. 37,” The artist asks, “What can create more wonder than the night sky?” His winning print is described as “a photomicrograph of a tint: Photographic print of A00.044, etched and captured at 500x. The structures found in iron meteorites are unique, forming some 4.5 billion years ago and do not form naturally on earth.” If one Googles, they find that Clark is a metallurgical engineer, living in Palmer Lake, where the night sky is probably extra-fabulous. He became fascinated with the structure and artistry found within iron meteorites and creating photographic prints of these structures. (His website is artofthegods.com.) “Unlike metals formed on earth, which solidify and cool within minutes or hours, meteoritic metal cooled at a rate of a few degrees per 100,000 years...” First place went to Kasey Medlin for “The Day Before I” with a face blurred — an exploration of developing Alzheimer’s disease in a beloved grandparent — first in a series. Farhad Vikilitabar, who specializes in double images, won second place for his “Envelope No. 7,”
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Marshal Clark’s “Muonionalusta No. 37” is a photomicrograph of a tiny piece of Muonionalusta meteorite, on display in the Littleton Museum’s “Space to Wonder” exhibit through March 12. COURTESY PHOTO
which verges towards abstract. Each image in this exhibit merits a long look to absorb its various aspects. Allow time to look closely at details in each one ... Popular Denver painter Tony Ortega won an honorable mention for his digital photography and collage: “El Papillote de Nina,” a postcard from grandma, which tells yet another story. Entries could be black and white or color photography. While the COVID-19 pandemic continues, public events frequently are canceled or rescheduled. Check with organizers before you go. Masks and proof of vaccination are standard at all venues listed.
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The Herald 7
February 24, 2022
Arapahoe High volunteer coach being investigated Allegations center on inappropriate messages to student BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM
School resource officers at Arapahoe High School in January re-
ceived information that a volunteer coach of a club sport was having inappropriate conversations on social media and over other electronic platforms with a female student, according to a news release from the Arapahoe County Sheriff’s Office. Deputies found evidence of conversations between the two, and many of the conversations were sexual in nature, according to the news release.
Arapahoe High School sits in west Centennial at Dry Creek Road and University Boulevard. Authorities determined that there was probable cause for the charge of unlawful electronic sexual communication by a person in a position of trust, a class 6 felony, the news release said. Sheriff’s investigators arrested Virgilio San Andres, 22, on Feb. 18, according to the news release.
He was booked into the Arapahoe County jail and held without bond. San Andres was a volunteer coach at Arapahoe High School, according to Deputy John Bartmann, spokesperson for the sheriff’s office. The sheriff’s office asks anyone who has further information about the case, or anyone who believes they also may be a victim, to call the investigations tip line at 720874-8477.
Youth playwriting winners announced STAFF REPORT
The Denver Center for the Performing Arts (DCPA) has announced the winners of its annual Middle School & High School Playwriting Competition. The DCPA’s Education & Community Engagement Department started the playwriting program and competition in 2013 for Colorado high school and middle school students. The program offers free playwriting workshops and high schoolers have the opportunity to submit original plays for professional review. Ten high school finalists, which submit one-act plays, and three middle school spotlighted 10-minute plays, are awarded top honors in the competition. This year, the DCPA received 135 submissions. The winners of the
MARCH 3 7:00 p.m.
2022 Middle School & High School Playwriting Competition are: High school playwriting winners “Insectivore,” by Jocelyn McMullen, a senior at Pueblo County High School. “They Stole the Moon,” by Ricardo D’Urso, a senior at Cherry Creek High School. “Whispers Through the Kitchen Door,” by Aaditya Bahl, a junior at ThunderRidge High School. High school playwriting finalists “Boys on the Bus,” by Conrad Branch, a junior at Denver East High School. “Forgotten Gold,” by Rosemaree (Patton) Coughlin, a freshman at Pueblo County High School. “Growing With the Stars,” by Jesse Sigler, a senior at Pueblo County High School.
Tom Papa is one of the top comedic voices in the country finding success as an author, in film, TV, radio and podcasts as well as on the live stage.
“How You’re Hardwired,” by Amelia Fiore, a senior at Chatfield High School. “Leftovers are in the Fridge,” by Juniette Rose Miller, a Junior at Valor Christian High School. “Of Yarn and Stars,” by Kavery Kallichanda, a senior at Cherry Creek High School. “Taking Candy,” by Jacob Wood,
a junior, and Juan Alvarado, a senior, at Kennedy High School,
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8 The Herald
February 24, 2022
Colorado again loosens school COVID guidance BEST OF THE BEST
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BEST VOTING STARTS MARCH 1!
EnglewoodHerald.net To provide the most accurate results by geographical area, Colorado Community Media does not require, but does encourage readers to vote for businesses in their immediate local community. All nominated businesses have an equal opportunity of winning, no purchase required. Please see voting website for complete contest rules and regulations.
State makes changes to help ‘transition to routine public health response’ BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM
Citing a continued decline in the recent coronavirus surge, the state public health department updated its school COVID-19 guidance, laying out an option for K-12 schools to start treating the virus more like other infectious diseases in schools. The new recommended COVID response focuses more on responding to “case clusters, outbreaks, and evidence of ongoing transmission in schools” — and less on quarantining of staff and students after exposures to COVID in school, according to a state health department news release. “As COVID-19 case rates, (test) percent positivity, and hospitalization rates continue to decrease and stabilize, it is appropriate for schools to choose a more typical routine disease control model,” Dr. Rachel Herlihy, state epidemiologist, said in the release. She added: “This approach will help schools, parents, and teachers continue in-person learning with fewer disruptions, but schools should consider transitioning to this option cautiously, as moving too soon could result in an increase in transmission.” The announcement cautioned that school administrators should be prepared for the emergence of new coronavirus variants or “substantial waning immunity” and the need to switch back to a focus on individual COVID cases. Moving away from quarantine Strategies that would not be continued in a more-routine COVID response model — unless a cluster or outbreak is detected — include: • Individual case investigation and contact tracing. Contact tracing is a term for when public health workers notify people that may have been exposed to someone with COVID. • Quarantine of students and staff with school-associated exposures to COVID. But given the much greater risk of household exposures compared to non-household exposures, schools should continue to follow quarantine guidance for students and staff who report household exposures, according to the state health department. Practices that would remain under a more-routine response model include: • Continuing to encourage vaccination of staff and students. • Following isolation requirements for students and staff who are ill or have tested positive for COVID. “Isolation” refers to the steps a person should take after a confirmed infec-
AWARDS FROM PAGE 7
by Wilson Walker, sixth grader at North Routt Community Charter School.
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tion. Quarantine, on the other hand, is when people avoid others after exposure to the virus and wait to see whether sickness occurs. • Continuing to support regular mask use by staff and students even when not required by local public health orders. The federal Centers for Disease Control and Prevention (CDC) continues to recommend indoor masking for all teachers, staff, students and visitors to K-12 schools, regardless of vaccination status. • Implement new cluster or outbreak detection strategies, including public health reporting of school absenteeism data and participation in wastewater surveillance. Testing can be used to show amounts of COVID in an area’s wastewater. The state health department is exploring funding mechanisms to support that work, according to the state’s COVID website.
release in late January. While “natural immunity may not last as long as that from vaccines, it will likely last at least three months, providing a bridge to the warmer months of the year when COVID-19 transmission is less of a risk,” TriCounty Health wrote in the release. But “we can’t be certain that prior infection with any particular variant will protect against future ones, which is why we think that up-todate vaccination — which is more likely to have broader protection — is so important,” John Douglas, the head of Tri-County Health said. It’s unclear whether COVID variants will become milder or more severe in the future, Douglas added.
When to relax guidance The state health department’s suggested implementation date for the transition to the looser guidance is Feb. 28, but the department cautioned that the move should also depend on the level of COVID spread nearby. “To avoid an increase in outbreaks and greater disruption to in-person learning, schools should ideally transition to a routine disease control model once local transmission risk falls below a high or substantial level and stabilizes,” the department said in the news release. A routine disease-control model would more closely align COVID efforts with public health response strategies that are used for other infectious diseases in schools, according to the news release. When it will be safe to begin treating COVID like a routine disease is unclear, given the uncertainty surrounding how the pandemic will continue to unfold. Recently, the more-contagious nature of the omicron variant fueled sky-high rates of new COVID cases while at the same time causing lesssevere illness than the earlier delta variant. Public health analysts recently cited high levels of immunity in Colorado due to either infection or vaccination, according to a TriCounty Health Department news
‘Test to Stay’ offers way out of quarantine The state health department recently launched a “Test to Stay” program to provide a pathway out of quarantine for students and staff with school-associated exposures to COVID if they remain asymptomatic and test negative twice, according to a Feb. 1 news release. School administrators may also choose to include staff and students with non-household community exposures to COVID to participate in Test to Stay, according to the release. Enrollment in the Test to Stay program is optional for schools, according to the state’s COVID website. Under the program, the state health department provides schools with Abbott BinaxNOW rapid overthe-counter tests, the release said. The program is open to everyone, but individuals who are up to date on their vaccinations do not have to quarantine after being exposed to someone at school who tested positive for COVID, according to the release. People are considered up to date if they have received all the recommended vaccinations, including a third, or booster, dose for those 12 and older, according to the release. Unvaccinated individuals who choose not to participate in Test to Stay and who are exposed to a positive case at school would generally not be allowed to remain at school and would need to complete the normal five-day quarantine, followed by five days of wearing a well-fitting mask in school, according to the release.
“Hope is a Thing with Feathers,” by Abby Heider, sixth grader at Merrill Middle School. A public staged reading of the three winning high school plays will take place at 9 a.m. on March 5 as part of the 2022 Colorado New Play
Summit. To learn more about the event, visit denvercenter.org/ticketsevents/colorado-new-play-summit. For more information on the DCPA’s in-school programs, visit denvercenter.org/education/foreducators
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10 The Herald
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February 24, 2022
VOICES
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More words. More letters.
tarting next week, we are changing our letters policy, giving readers more opportunity to express their concerns and viewpoints through more words. Instead of 250 words, which I think is just enough for our letter writers to scratch the surface, we are FROM THE increasing the letter limit to 400 words. EDITOR While still short (we still have limited space), it will give you all more of an opportunity to express your concerns, debate and talk about the issues in our communities, counties, state and nation. In recent weeks, as I have come full swing into the editor position, we have had some thoughtful emails sent my way expressing Thelma Grimes concerns about the letters we print. I want to stress to all our letter writers and readers that I do not pick and choose viewpoints that only fit mine. I would rather print a wide variety of discussion in any particular topic because that is the best way to see what those in our community are thinking. As long as the submitted letters follow our policies, we will print them. My opinion, when it comes to your letters, does not matter. I respect that you all have opinions and have just as much right as I do to get space in our community publications. In recent weeks, I have also received a few emails wondering if I am liberal, asking if I take a stance against the right. As I told one area reader, I have no problem sharing my political views or where I stand. However, I stressed to him it may not be as exciting as some think. As editor, I look to you all to be honest and up front with me as we tell your stories. That means, I am fine with being honest and up front with you all. I am currently an unaffiliated voter. Many, many years ago I changed my official political affiliation for a variety of reasons. In Arizona, when I started covering more politics, I was not comfortable being on one side or the other. I worked hard to stay in the middle. Prior to becoming unaffiliated, I registered as a Republican when I was 18. I was raised in a small, conservative town. And, while I changed my affiliation and have changed some of my political views over the years, I am proud of where I grew up and the morals and ethics I was raised with. However, I will say my super conservative father and myself have engaged in some lively debate over areas in which I have changed my stance over the years. I still value his opinion, but just like those days as a teenager, I do not always agree with where he is coming from when it comes to the direction of this country. On the same token, I often have lively debate and completely disagree regularly with my more liberal father-in-law. As a side note, we keep politics off the table when the grandfathers are together for family gatherings.
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Making a difference one person at a time
T
here are plenty of books, blogs, podcasts and online sites and resources that speak to the power of making a difference, one person at a time. And I must share with you that WINNING I am a big believer in this philosophy. WORDS Having been blessed to work and travel with Zig Ziglar, one of the world’s greatest motivators and encouragers, I had the opportunity to witness Zig live this philosophy. Whether it was an arena full of people or a small venue or company event, Zig Michael Norton would always say that even if we only changed one life that day, the day would be a complete success. Of course, Zig had such a positive impact on so many over the years, that it was always more than just one person. The world is full of people who make a positive difference in the lives of others every single every day. And they are by no means authors, experts or motivational speakers. As a matter of fact, most are just everyday people who know how to lift others up, offering hope and encouragement along the way. People who go out of their way to see that others are taken care of in times of need. A gentleman who I work with shared his life story recently. He put together a brief presentation that he shared with a couple of our customers where he shared what he called his “Moments in Time.” As brief as his story was, it was loaded with powerful examples of the people who stepped up in his life and had a positive impact on his life. These were true
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difference makers. If you were to meet him today and look at what he has accomplished e in his life, from being a decorated Marine h serving our country, a highway patrolman, a f top performing salesman, and a top perform- t ing vice president, you would never guess that he was a guy who needed a hand up, guidance, or hope and encouragement in his life. But the truth is we all do, and those people who provided support to Kim “Sarge” Harrington probably have helped countless others too, one person at a time. “It is more noble to give yourself completely t to one individual than to labor diligently for t the salvation of the masses” - Dag Hammar- l c skjold t I know that as I look back on my own life, p I too can name the people who have always been right by my side. I can name the people m who had such a positive influence on what I would do personally and professionally, and m who and what I would eventually become. Andi I thank them all regularly. What are those moments in time for you? Who are those people who make up those moments in time for you? When you think about them, what do you specifically remember and appreciate? What I have found is most of us who have received a blessing from a positive difference maker in our lives is that we typically go out and try and be a difference maker for others. So, let’s go back to “Sarge” Harrington. After all those people who contributed to his life taking on new meaning, he himself went on to serve our country. He served as a police officer. He served all of his clients as a
Columnists & Guest Commentaries Columnist opinions are not necessarily those of the Herald. We welcome letters to the editor. Please include your full name, address and the best number to reach you by telephone. Email letters to letters@coloradocommunitymedia.com Deadline Wed. for the following week’s paper.
SEE NORTON, P11 Englewood Herald (ISSN 1058-7837)(USPS 176-680) A legal newspaper of general circulation in Englewood, Colorado, the Englewood Herald is published weekly on Thursday by Colorado Community Media, 750 W. Hampden Ave., Suite 225, Englewood, CO 80110 PERIODICALS POSTAGE PAID AT ENGLEWOOD, COLORADO and additional mailing offices. POSTMASTER: Send address change to: Englewood Herald, 750 W. Hampden Ave., Suite 225, Englewood, CO 80110
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Funds needed for early childhood education
ver the years there have been many significant changes in my profession as an early childhood educator. It’s a very GUEST unique industry, as we are highly COLUMN regulated by the government since we work with children, yet don’t receive enough government financial assistance to make this business model work. For Cynthia Sumner example, when I first started, the ratio of children to teachers was very high. In 2-year-old rooms, the ratio was 12 children to one adult, making it difficult to give each child the attention they deserve. The ratios have changed for the better, but the difficulty of the work has increased and the pay has not. Planning, cleaning, and potty training (only a small portion of the necessary work) are all part of a teacher’s day, and many are stretched very thin. Teachers and staff who work in early childhood education are committed and passionate to seeing children thrive. Since I was a child, I always wanted to be a teacher. Once I entered high school, I found out that they offered classes in programs designed to teach a trade, so I chose the early
childhood education program. The course offered was at college level, which I attended while also working at a pre-school in the afternoon to gain the experience necessary to complete the program. I was so inspired that I moved on to college, obtaining my degree in early childhood education. Here I am, 47 years later, still doing what I love: teaching the littlest members of our society. I introduce them to new concepts such as math, reading, science, language and art, and watch them socialize with others while playing on the playground. These concepts are all immeasurably important for a developing child. Child care educators also work hard to provide a clean, well-organized room, healthy food and a safe place to be while separated from their parents. Teachers do their best to take every child’s needs into consideration when planning educational goals, regardless of the low pay. We are indeed the workforce behind the workforce that makes the American economy grow; without child care providers, parents cannot get back to work. Child care is essential for boosting labor force participation, particularly for women. The December 2021 jobs report shows that we are still down over 100,000 child care jobs relative to where we were before the pandemic. This is bad news for all and a reminder that it is vital for the federal government to invest in
NORTON
ence making or can you buy into the fact that we can all contribute to the greater good by being a difference maker, even if it is just one person at a time? I would love to hear your story at mnorton@tramazing.com, and when we can be someone else’s moment in time, it really will be a better than good year.
FROM PAGE 10
top salesperson. And he continues to lift up and motivate the team he leads today. He volunteers in his community, and he gives back all the time. And he gives back one person at a time. He is a difference maker. So how about you? Where can you make a difference? Do you feel like it must be a big gesture of differ-
Michael Norton is the grateful CEO of Tramazing.com, a personal and professional coach, and a consultant, trainer, encourager and motivator to businesses of all sizes.
ABOUT LETTERS TO THE EDITOR Colorado Community Media welcomes letters to the editor. Please note the following rules: • Email your letter to letters@coloradocommunitymedia.com. Do not send via postal mail. Put the words “letter to the editor” in the email subject line. • Submit your letter by 5 p.m. on Wednesday in order to have it considered for publication in the following week’s newspaper. • Letters must be no longer than 400 words. • Letters should be exclusively submitted to Colorado Community Media and should not submitted to other outlets or previously posted on websites or social media. Submitted letters become the property of CCM and should not be republished elsewhere. • Letters advocating for a political candidate should focus on that candidate’s qualifications for office. We cannot publish letters that contain unverified negative information about a candidate’s opponent. Letters advocating for or against a political candidate or ballot issue will not be published within 30 days of an election.
• Publication of any given letter is at our discretion. Letters are published as space is available. • We will edit letters for clarity, grammar, punctuation and length and write headlines (titles) for letters at our discretion. • Please don’t send us more than one letter per month. First priority for publication will be given to writers who have not submitted letters to us recently. • Submit your letter in a Word document or in the body of an email. No PDFs or Google Docs, please. • Include your full name, address and phone number. We will publish only your name and city or town of residence, but all of the information requested is needed for us to verify you are who you say you are. • Letters will be considered only from people living in Colorado Community Media’s circulation area in Adams, Arapahoe, Clear Creek, Denver, Douglas, Elbert, Jefferson and Weld counties. • Do not use all caps, italics or bold text. • Keep it polite: No name calling or “mudslinging.”
child care. The need for qualified personnel in schools is crucial and cannot be ignored, nor can the quality of tools at a teacher’s disposal. The equipment that preschools have to buy is very expensive due to regulations. In one situation, the director of my child care decided it was time to replace all the cribs in the two infant rooms, a total of 15 cribs. In less than six months the regulations changed for the cribs, so they had to buy 15 more cribs. At that time the cribs that had to be bought were $300-$400 apiece. The fire cribs are $100 more and each room needs two for 10 children. One table is $300, the chairs are $30 each. Not to mention art easels, paints, markers, paper, blocks, oh my goodness it goes on and on. These necessary things also need to be replaced as time goes by, which adds up in dollars spent very quickly. Parents and teachers can no longer bear the cost of running a quality school. Parents with very young children are paying the same money as rent, and that’s for each child. So with two young children a parent could be paying $3,000 a month just
to keep the children in care, and themselves working. Many families are in a dire situation when it comes to affording child care. As a teacher I could not afford to have both my children in my school, so I had to quit my job to care for my children. The system that is in place isn’t working. Families are being left behind, and the cost is unbearable; if we could at least subsidize just half of the tuition for every child, it would make a huge difference. Allocated money could be used for bolstering teacher salaries, improving equipment and supplies, and relieving the financial burden placed squarely on families. The time is now to come forward and say: yes, American families need early childhood education. The Senate must pass the Build Back Better Act with early childhood education investments to bring quality care and education to America’s children. Together, let us ensure that hundreds of thousands of children across the country have access to safe and fun places to learn and grow. Cynthia Sumner is an early childhood education teacher from Littleton.
Memory In Loving
Place an Obituary for Your Loved One. 303-566-4100 obituaries@coloradocommunitymedia.com Self placement available online at EnglewoodHerald.net
12 The Herald
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LIFE and those pushed to the fringes,” Felser said. “The reality is it’s somewhere in between … it encapsulates so many different lifestyles.”
Exploring the stories, realities and misconceptions of van life BY ROBERT TANN RTANN@COLORADOCOMMUNITYMEDIA.COM
W Van life Juanca La Ross, 33, has been living in his van, a Ram ProMaster, since July. “I have this constant journey to keep traveling,” La Ross said. COURTESY OF JUANCA LA ROSS
hen he was a teacher, Matt Felser built his first van in the parking lot of Vail Mountain School, much to the chagrin of staff. “I was a very good teacher but a very poor builder,” said Felser, who, through the help of friends and thousands of hours on YouTube, converted a used Ram ProMaster into a new home on wheels. Van life, once a niche experience for die-hard nomads, has taken root in communities across Colorado and the U.S. as people look for ways to combine more travel with environmental sustainability and affordable living. In 2019, the first year Felser began living in his van full time, the U.S. Census Bureau counted 140,000 vans, RVs or boats as housing units, up from 102,000 in 2016. As van life communities grow, it’s hard to paint them with a single brushstroke. While the rise of #VanLife on social media has given some a window into the world, for most people, the reality of van life differs from its portrayal on Instagram. “The misperceptions are put into these extremes … it’s either for the ultrawealthy … or for the outcasts of society
‘
A business takes hold Felser, who had taught seventh- and eighth-grade Spanish and coachedhigh school lacrosse and soccer, left his job in spring 2019 after he reconnected with Dave Ramsey, an old college friend. Ramsey had been living in an RV for three years, and Felser had begun living in his ProMaster in order to afford a down payment for a house he bought in the Vail Valley, which he was renting out. The two both saw a need in the market for more affordable vans and decided to open their own business, Dave & Matt Vans, which they run out of Gypsum. With a team of 11 who all live in vans full time, the shop orders in “empty tin can” ProMasters that can be built out with livable amenities for a belowmarket rate. Costs for outfitted vans range from $65,000 to $90,000, according to Felser, who said his shop offers an alternative to vans, RVs and trailers that can cost between $100,000 and $200,000. “Van life changed our lives, and we wanted to give people that ability and option,” Felser said. Over the past three years, the shop has seen about 350 clients, Felser said. Much of their business came after the beginning of the COVID-19 pandemic, Felser said, with May 2020 seeing 10 times the amount of inquiries than the shop typically received. Felser attributes the boom to a desire for escape felt among the millions who were forced to work from home and socially isolate. For the first time in many people’s careers, they now have the opportunity to work from wherever they want. “That change and shift in paradigm have allowed people to pursue this lifestyle,” he said. Along with the pandemic, Colorado’s continued affordable housing crisis has pushed many to look for alternative means of housing that won’t break the bank. Felser said he’s worked with many clients who have turned to vans
Van life changed our lives, and we wanted to give people that ability and option
’
Matt Felser
SEE ROLLING, P13
The view from Juanca La Ross’ van during his travels through Colorado. COURTESY OF JUANCA LA ROSS
The inside of Austin Abelkis’ van, which he has lived in with his girlfriend Alice Fors since August. COURTESY OF AUSTIN ABELKIS AND ALICE FORS
The Gypsum-based shop Dave & Matt Vans has had over 300 clients since it began three years ago. The COVID-19 pandemic also led to an increase in COURTESY OF DAVE AND MATT VANS demand.
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February 24, 2022
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rather than renting or buying a home, which in Colorado is averaged to cost over $500,000. While Felser now lives in his Vail townhouse, he still takes off in his van whenever he finds the free time. “I go on week- and month-long adventures whenever I can,” he said. “The van is both my car and my vacation home.” ‘My whole life in one place’ Since August, Austin Abelkis has lived in his ProMaster, which he purchased for about $60,000, with his girlfriend Alice Fors and their two dogs. There were several reasons why Abelkis, who is 26 and grew up in Boulder County, said he was ready for the change. He was paying $1,000 in rent each month for an apartment he barely stayed at. He loved taking advantage of Colorado’s outdoor offerings, from climbing to hiking. And he had a job with an outdoor footwear company that required him to travel around the country for events. “I was just ready to minimize, have my whole life in one place,” Abelkis said. “It feels like a much smaller footprint you’re putting out into the environment.” With a 20-gallon water tank that lasts the couple a week and solar panels on the van’s roof, the two feel they are making a difference in terms of conservation. “It’s just realizing that you don’t need so much and you can live with a lot less than you think,” Abelkis said. The couple has enjoyed various trips through the country including along the West Coast and in the Southwest. For Abelkis, the freedom to move your home to wherever you want it to be is one of the biggest rewards of van living. “Stop off for the night, light some candles, make some dinner, wake up and you’re at the Grand Canyon or you’re at the redwoods,” he said. But it’s not always easy. At about 80 inches wide and 236 inches long, managing life for two in such a space can have its challenges. “Our kitchen is next to our bed, so sometimes, tomato sauce gets in our sheets,” Abelkis said. And when utilities go awry, such as a light that’s out or a clogged drain, there are few opportunities to call someone when on the road, forcing Austin to be his own electrician and plumber. And having two dogs — one a pug and the other a pointer mix — only adds to the minimal space. “It has its up and downs for sure … the small space can be very challenging for us,” Fors said. But Abelkis and Fors said they
wouldn’t have it any other way. “That feeling of waking up in nature is just amazing,” Fors said. Before COVID, many people centered their lives around their work, but now, more people are realizing there are new opportunities to consider, Austin said. “(Van life) is breaking out of that cycle,” he said. “I can live my life and explore the world — life is short.” Chasing adventure and asking for understanding For Juanca La Ross, adventure is what drives him in his van life. “I have this constant journey to keep traveling,” La Ross said. Born in Lima, Peru, La Ross spent his later teen years and early 20s in Florida. But after graduating from college, he yearned for a landscape of nearby mountains reminiscent of the ones he grew up in. Colorado seemed an obvious choice. In August 2020, La Ross joined Felser’s company, working to build vans like his for others who wanted to experience the lifestyle. “As I started building them, it became clear that I could live in one of them and would be happy living in one of them,” said La Ross, who began living in a ProMaster he purchased from work in July of last year. Now he spends his free time rock climbing, hiking, snowboarding and exploring the country’s Southwest. “I can continue to do the activities I love without having to sacrifice too much time commuting or too much freedom,” he said. Josh Ness, 33, also an employee of Dave & Matt Vans, said his choice to live more nomadically gave him a “more fulfilling lifestyle.” Ness is an avid hiker and has climbed 47 of Colorado’s 58 14,000-foot-high mountains, also known as 14ers. “When it’s not freezing outside, you’ll find me on a mountain hiking,” he said. Still, for all its opportunities, van life comes with a misperception many are still trying to shake off. For Ness, he has had to deal with suspicious looks and the occasional questioning by police, even when he parks legally during appropriate hours. “We’re normal people just like everybody else, enjoying our life, living our lives as best we can,” Ness said. Abelkis said van life is often glorified through social media. “The Instagram ideal of it is not even remotely what it is at all,” he said. For Felser, van life is not a onesize-fits-all identity, but a way of living that brings together a myriad of people. “Van life means something different to everyone — that’s the beauty of it,” he said. “To me, that’s an adventure — to go to the places I want to go and do the things I want to do.”
Austin Abelkis and Alice Fors with their two dogs. “It has its ups and downs for sure ... the small space can be very challenging for us,” Fors said. “(But) that feeling of waking up in nature is just amazing.” OURTESY OF ALICE FORS
Matt Felser, who did what he could to retrofit his van while on a teacher’s salary, said he wanted to make van life more accessible and affordable through his shop. COURTESY OF DAVE AND MATT VANS
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February 24, 2022
SPORTS
Creek’s Lady Bruins win 5A swimming title Junior Alexis Greenhawt wins individual title in 100 backstroke BY JIM BENTON JBENTON@COLORADOCOMMUNITYMEDIA.COM
Cherry Creek High School has set a standard in Colorado girls swimming and the Bruins enhanced that tradition on Feb. 16 at the Veterans Memorial Aquatics Center in Thornton. The Bruins won their second straight state title at the Class 5A girls state swimming and diving championships. Since the sport was sanctioned in 1974, the Lady Bruins have won 28 state swimming titles in 48 years. Cherry Creek used its depth to amass 502 points, with Fairview coming in second with 397 markers. Regis Jesuit, sparked by Emma Weber’s individual win in the 100 breaststroke, was third with 349 points. Arapahoe led the way for other south metro schools. The Warriors were seventh. Rock Canyon finished eighth, Chaparral 14th, Valor Christian 16th, Douglas County 17th, Legend 21st, ThunderRidge 22nd and Mountain Vista 23rd. Creek won two relay events and set a state record in the 200 freestyle relay. The Bruins also won their first
individual state championship since 2012 when junior Alexis Greenhawt captured the 100 backstroke title with a winning time of 54.03. Greenhawt was also on the 200 medley relay team and was third in the 100 butterfly. Creek had a first-year coach in Karin Olmstead Dinsdale, who was a former Bruins swimmer. She took over from Eric Craven, who retired after 30 years. “I’m lucky to coach a lot of talent and we got better this year,” said Dinsdale. “We tried to keep the best behind us. I got very good advice from another coach and he said pressure is good. Coming in and defending the title as a new coach and just because I had to deal with my team and deal with the alumni, bringing the trophy home was something really special. “We had a lot of fast swimmers on the top and some of them did their best. We’re lucky to have that. We had a lot of people that swam up. I’m super proud of the tradition at Cherry Creek and this group of girls.” The 200 medley foursome of sophomore Charlotte Wilson, junior Katie Cohen, Greenhawt and junior Lawson Ficken won the first event of the finals session in 1:40.35. Senior Ella Turken, Ficken, freshman Ana Loverridge and senior Elizabeth Brock were on the 200 free-
Cherry Creek won its second straight Class 5A girls swim championship on Feb. 16 at the VMAC in ThornPHOTO BY JIM BENTON ton. It was the 28th state title that the Bruins have won in the past 48 seasons.
style relay team, which set a state and 5A record with a time of 1:33.00. The previous record was 1:33.80, set last season by Fairview. Ficken had one of the fastest times in school history of 22.1 in her leg of the relay. “It is amazing we set a state record,” said Ficken, who was also the runner-up in the 50 and 100 freestyle indivdual events. “I’m so proud of the girls. I was
super nervous before the race. Honestly I didn’t even look at the time, I just tried to touch the wall.” Wilson was another Creek swimmer who placed high as she was second in the 200 IM and 100 backstroke. “We trained so hard, so I think we knew we could win the state championship,” added Ficken. Sophomore Mila Nikanorov of the Douglas County/
Castle View co-op team was third in the 200 freestyle and captured the 500 freestyle individual title in 4:55.86. Nikanorov’s state title was somewhat of a surprise since her best time in the regular season of 5:12.81 was the 11th fastest among 5A swimmers. She also was third in the 200 freestyle finals to highlight performances by other south metro swimmers.
Ponderosa wrestlers are 5A runners-up, again Mustangs have held same spot in championships for four straight seasons BY JIM BENTON JBENTON@COLORADOCOMMUNITYMEDIA.COM
It was the same story for the Ponderosa boys wrestling team at the Feb. 19 finals of the state wrestling championships at Ball Arena in Denver. The Mustangs were awarded the Class 5A runner-up trophy for the fourth straight season as Pomona rallied in the wrestle-back bracket to run away with its fourth consecutive state title. Pomona racked up a record 265.5 points to outdistance the Mustangs team that finished with 239 points. Other south metro schools had Grandview in fifth place, Chaparral 10th, Legend 14th, Regis Jesuit 15th, ThunderRidge 17th and Cherry
Creek 19th. Ponderosa sent seven wrestlers into the finals and held a 37 1/2-point lead heading into the last day of the meet. However, Pomona regained a 20.5-point lead heading into the evening championship matches by racking up points in the consolation bracket and having six wrestlers finish third and three winding up fifth. “It was a roller coaster ride after the quarterfinals and semifinals,” said first-year Pondo coach Jarion Beets. “We had a pretty comfortable lead when the other team had a lot on the back side with all wrestling for third. It essentially cut that lead and gave them the lead coming into the finals. We pretty much had to win every single match and they had to lose them all. “We’ll have to keep working and getting better,” he continued. “I plan on keeping our same mindset that we are going to win everything and keep moving forward. A lot of guys will be back next year.” Pondo had four wrestlers win individual state titles. Sophomore
Jacob Myers captured the 120-pound championship, junior Jacob Bostelman took the 138-pound title, senior Murphy Menke won at 160 pounds and senior Karter Johnson at 170 pounds. Freshman Tyler Eise was second at 145 pounds while sophomore Westin Hoffschneider and senior Haegen Hoffschneider were runners-up at 182 and 220 pounds. “Four winners out of seven in the finals was a lot better than last year, 12 out of 13 places was a lot better than last year also,” said Beets. “It’s all about progress and I want the kids to know that. We’d like to have all the shining things but at the end of the day we got better.” Myers donned Pokemon headgear after he notched a 7-2 title win over Cherokee Trail’s Derek Glenn. “It feels great to be a state champion,” said Myers. “I’ve worked hard. We would have liked to have the team title but we’ll come back next year. Pomona had a lot of great kids.” Other Pondo finishers were freshman 106-pounder DJ Wince (sixth),
sophomore 113-pounder Otto Black (fourth), 126-pound junior Brandon Cannon (third), 132-pound junior Payton Harris (sixth), and 195-pound senior Blaine Kubasta (fifth). There were three other individual state champions from south metro schools. Chaparral’s Declan Strait won at 106 pounds, teammate Geoffrey Freeman captured the 195-pound crown and Legend’s Luke Sandy won at 285 pounds. Justin Kelchen of Douglas County was second at 152 pounds Strait, a freshman, won an 8-5 decision over Eaglecrest’s Dorian Ervin to win the 106-pound title, and he was thinking about his grandfather Larry Strait who passed away last August. “I knew I was going to win it because my grandfather who passed away was going to be watching me,” he said. “I knew he was watching me up there. It feels amazing to win. I watched this tournament while I was in middle school. I never thought I would be out there to win it.”
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CITY FROM PAGE 1
stewardship, which Englewood’s existing guidelines do little in the way of actively promoting, according to Chris Brewster, an attorney and planner for Gould Evans. “A lot of the time development codes have some hidden barriers to some of the most sustainable practices,” said Brewster, who works with Gould Evans, an architecture and design company, to contract with local governments to help shape new land use and development updates. Two Englewood residents, through written comments that were read aloud by city staff during the forum, voiced the need for strong environmental promotion in whatever new guidelines the city ultimately adopts, such as abolishing minimum parking requirements. “This is environmentally friendly as it makes for few cars lining the streets and also preserves the character of its many historic districts. Something to consider,” wrote Melinda Elswick. Another resident, Janice Brown, wrote that she wanted to see parking that could support electric vehicles. K. Britt Fuiks, another Englewood resident, said she hoped to see more options for other modes of transportation besides vehicular, such as elevated lanes that could support cyclists, especially over busy intersections. Brewster said supporting bike-friendly efforts was a “very strong initiative of the city” and pointed to existing projects already underway, such as the construction of a new bridge for pedestrians and cyclists crossing
Oxford Avenue that will also give better access to the RTD Light Rail station northwest of the Oxford Avenue and Windermere Street intersection. Brook Bell, who works in planning for Englewood, said the city is also hoping to improve such efforts with money from the $550 billion federal infrastructure bill that was signed into law in October. “With a lot of the federal infrastructure dollars that are becoming available, we’re actually working as an organization to look at some of those pedestrian bicycle connections to see if we could accelerate them in terms of their development,” Bell said. Housing was also a major area of focus, with officials saying that Englewood needed a much more diverse housing supply in order to meet the needs of renters and homebuyers. New housing initiatives have swept across the metro area as Colorado continues to face an affordable housing crisis that has seen home values skyrocket. Currently, the median price of a home in Englewood is $530,000, signaling to staff a need to increase the city’s housing stock and lower prices. In their presentation, city staff urged community members to avoid focusing on the density of housing but rather the scale and said there could be room for trade-offs to appease neighborhoods, such as limiting the height of new housing. The rhetoric of high density has proved to be a divisive one for some homeowners. During a Feb. 8 public forum hosted by the Englewood Planning and Zoning Commission, city resident Ivan Erwin said he didn’t like the idea of a highdensity proposal on the mostly vacant lot of 3600 S. Galapago St.
‘Most of these things we won’t regulate into existence. What the development code can do is have the standards and criteria.’ Chris Brewster, attorney and planner for Gould Evans
where 61 condos could be built. And in January, a few residents of an Englewood neighborhood near 2323 W. Baker Ave., a vacant site that used to be home to an alternative high school, disparaged the idea of 15 new duplexes being built on the land. One resident said the proposal would “destroy this neighborhood” while another feared what having renters in the units would mean for safety. But the Feb. 17 forum saw no explicit push-back against new housing from community members, while featuring a few who applauded the city’s interest in pursuing a mix of housing options. Michele Austin, chair of the Englewood Planning and Zoning Commission, told city staff to be prepared for more development proposals in areas where housing hasn’t typically been. “We’re seeing developers in-
terested in taking some of our properties in Englewood zoned for industry and turning it into residential,” said Austin who, on Feb 8, voted along with five other commissioners to approve the 61 condo-proposal for 3600 S. Galapago St., a historically commercial area of the city. But even as suggestions were given, Brewster told community members that the new zoning plans would only go so far in making such hopes a reality. “Most of these things we won’t regulate into existence. What the development code can do is have the standards and criteria … so that when those plans do come along we have the right decisionmaking tools,” he said. “But the code can only do so much.” Residents interested in learning more about Project CodeNext can go to tinyurl.com/projectcodenext for more information and updates.
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in their provider (for the first year of the program); if you are dissatisfied with the service, you may opt out of the city’s program after the first year but will still be required to pay a minimum service fee • Greater administrative involvement and oversight by the city • Hauling companies have more limited opportunities to compete for contracts There are three ways to provide feedback: 1. Complete the survey at www. engaged.englewoodco.gov/embeds/ projects/14573/survey-tools/10986 2. Provide comments regarding
the city’s proposal below using the comments and feedback feature online at https://bit.ly/3GWtmHU. 3. Attend the public meetings. A virtual public meeting is scheduled for March 8 and an in-person public meeting will be held on March 10. Nominate the next Englewood Citizen of the Year Nominate a deserving resident for Englewood’s Citizen of the Year award. Any Englewood resident or business owner is eligible for nomination. The award recipient should exemplify outstanding volunteer or philanthropic dedication to the Englewood community. The deadline for nomination is March 25. For more information, visit the website at englewoodco. gov/2022-coty.
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February 24, 2022
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COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0095-2021
Public Trustees
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0101-2021
On December 7, 2021, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records.
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On December 21, 2021, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records. Original Grantor(s) WILLIAM M DEWAR II AND MAUREEN A DEWAR Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR FINANCE AMERICA, LLC, DBA FINAM, LLC Current Holder of Evidence of Debt WELLS FARGO BANK, N.A., AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO IMPAC CMB TRUST SERIES 2005-6 Date of Deed of Trust May 09, 2005 County of Recording Arapahoe Recording Date of Deed of Trust May 17, 2005 Recording Information (Reception No. and/or Book/Page No.) B5070940 Original Principal Amount $246,500.00 Outstanding Principal Balance $261,381.51 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
Original Grantor(s) CHRISTOPHER EDWARD NEFF AND CRYSTAL MARIE NEFF Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ROCKY MOUNTAIN MORTGAGE SPECIALISTS, INC., ITS SUCCESSORS AND ASSIGNS Current Holder of Evidence of Debt MIDFIRST BANK Date of Deed of Trust November 25, 2013 County of Recording Arapahoe Recording Date of Deed of Trust November 27, 2013 Recording Information (Reception No. and/or Book/Page No.) D3143385 Original Principal Amount $234,560.00 Outstanding Principal Balance $208,678.86 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 23 BLOCK 4 KASSLER ADDITION, SECOND FILING A RESUBDIVISION OF BLOCKS 1 TO 4 AND 10 TO 13 KASSLER ADDITION COUNTY OF ARAPAHOE STATE OF COLORADO A.P.N.: 2077-17-3-06-010
LOT 1, BLOCK 3, WALNUT HILLS-FILING NO. 1, COUNTY OF ARAPAHOE, STATE OF COLORADO
Also known by street and number as: 3455 WEST POWERS PLACE, LITTLETON, CO 80123.
Also known by street and number as: 7811 E BRIARWOOD BLVD, CENTENNIAL, CO 80112-1308.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 04/20/2022, at The East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 2/24/2022 Last Publication: 3/24/2022 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 12/21/2021 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Anna Johnston #51978 Ryan Bourgeois #51088 Joseph D. DeGiorgio #45557 Randall Chin #31149 Barrett, Frappier & Weisserman, LLP 1391 Speer Boulevard, Suite 700, Denver, CO 80204 (303) 350-3711 Attorney File # 00000009345950 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice No. 0101-2021 First Publication: 2/24/2022 Last Publication: 3/24/2022 Name of Publication: Littleton Independent
NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 04/06/2022, at The East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law. First Publication: 2/10/2022 Last Publication: 3/10/2022 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 12/07/2021 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Alison L Berry #34531 Nicholas H. Santarelli #46592 David R. Doughty #40042 Lynn M. Janeway #15592 Janeway Law Firm, P.C. 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112 (303) 706-9990 Attorney File # 21-026066 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice No. 0095-2021 First Publication: 2/10/2022 Last Publication: 3/10/2022 Name of Publication: Littleton Independent
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City and County Public Notice CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING The regular meeting of the Board of Adjustment and Appeals is scheduled for March 9, 2022 at 7:00 p.m. Due to COVID-19, the meeting will be held virtually. Case # VAR2022-001. APPLICANT: Jason and Stacey Colson. Pursuant to Section 16-2-16.G.4 of the Englewood Municipal Code, the applicant is requesting a one-year extension to obtain a building permit and start work. This will be an extension to VAR2020-008 which was approved at the Board of Adjustments and Appeals meeting held December 9, 2020. PREMISES: 2925 South Bannock Street Copies of the application are on file in the Community Development Department and may be reviewed upon request. Anyone interested in this matter may be heard at the Public Hearing by calling 303.762.2342 or emailing commdev@ englewoodco.gov 24 hours prior to the public hearing for directions providing public comment virtually or in person. By Order of the City Board of Adjustment and Appeals /s/ Shelly Worek Shelly Worek, Recording Secretary Legal Notice No. 301306 First Publication: February 24, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 22nd day of February, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance: BY AUTHORITY ORDINANCE NO. SERIES OF 2021 AN ORDINANCE AMENDING TITLE 11, CHAPTER 7, SECTION 11-7-17(C) OF ENGLEWOOD MUNICIPAL CODE REGARDING AUTHORIZED HOURS OF CONSTRUCTION IN CITY RIGHT OF WAY. (Council Bill No. 08) Copies of aforesaid Ordinance are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices. Legal Notice No. 301312 First Publication: February 24, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 22nd day of February, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance: BY AUTHORITY ORDINANCE NO. SERIES OF 2021 AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. (Council Bill No. 07) Copies of aforesaid Ordinance are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices. Legal Notice No. 301315 First Publication: February 24, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 22nd day of February, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance: BY AUTHORITY ORDINANCE NO. SERIES OF 2021 AN ORDINANCE APPROVING THE 3690 SOUTH
JASON ST PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 3690 S JASON STREET IN THE CITY OF ENGLEWOOD, COLORADO. (Council Bill No. 06) Copies of aforesaid Ordinance are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices. Legal Notice No. 301313 First Publication: February 24, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 22nd day of February, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance: BY AUTHORITY ORDINANCE NO. SERIES OF 2021 AN ORDINANCE APPROVING LOAN AGREEMENT WITH ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. (Council Bill No. 05) Copies of aforesaid Ordinance are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices. Legal Notice No. 301311 First Publication: February 24, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF APPROVAL OF A BILL FOR AN ORDINANCE On the 22nd day of February 2022, the City Council of the City of Englewood, Colorado, approved on first reading the following Council Bill: BY AUTHORITY COUNCIL BILL NO. 09 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LITTLETON, CITY OF SHERIDAN, ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS COORDINATOR POSITION. Copies of the aforesaid council bill are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado 80110 or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices. Legal Notice No. 301314 First Publication: February 24, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald
Bids and Settlements Public Notice NOTICE OF FINAL PAYMENT On or about March 11th, 2022 the City of Englewood will make final payment to: Mountain High Lawn and Landscaping PO Box 2229 Castle Rock CO, 80104 For construction of: Broadway Sprinkler Repair Any claims relating to this contract must be filed with Jackie Loh Director of Finance & Administrative Services, 1000 Englewood Parkway, Englewood, Colorado 80110-2373, (303) 762-2416, prior to March 8th, 2022. Jackie Loh, Director of Finance City of Englewood, Colorado Legal Notice No. 301304 First Publication: February 24, 2022 Last Publication: March 3, 2022 Publisher: Englewood Herald
Water Court Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO JANUARY 2022 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 JANUARY 2022 for each County affected. 22CW3010 ARAPAHOE COUNTY WATER AND WASTEWATER AUTHORITY (“ACWWA”); c/o Steve Witter, 13031 East Caley Avenue, Centennial, Colorado 80111; Telephone: (303) 7904830. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ARAPAHOE AND DOUGLAS COUNTIES. All correspondence and communications should be addressed to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER LLC, 5299 DTC Blvd., Suite 610, Greenwood Village, Colorado 80111, Telephone: (720) 6475661, (Attorneys for ACWWA). 2. Original and Subsequent Decrees. 2.1. Original Decree. The original decree was entered in Case No. 90CW201 on November 4, 1998, by the District Court, Water Division 1. 2.2. Subsequent Diligence Decree. A subsequent decree was entered in Case No. 04CW296 on August 4, 2005, by the District Court, Water Division 1, making findings of reasonable diligence for the conditional water rights. 2.3. Subsequent Diligence Decree. A subsequent decree was entered in Case No. 11CW189 on January 11, 2016, by the District Court, Water Division 1, making findings of reasonable diligence for the conditional water rights. 3. Description of the Water Rights. 3.1. AWSD-LT-1 Well. The point of diversion of AWSD-LT-1 is located in the SW1/4 of the NE1/4 of Section 24, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 2,250 feet from the East section line and 2,000 feet from the North section line of said Section 24. 3.1.1. Amount claimed. 1,200 gpm (2.67 cfs). 3.1.2. Appropriation date. April 23, 1990. 3.1.3. Source of water. Ground water from the alluvium of Lone Tree Creek, a tributary of Cherry Creek. 3.2. AWSD-CW-1 Well. The point of diversion of AWSD-CW-1 is located in the SE1/4 of the NE1/4 of Section 23, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 50 feet from the East section line and 1,400 feet from the North section line of said Section 23. 3.2.1. Amount claimed. 1,200 gpm (2.67 cfs). 3.2.2. Appropriation date. April 23, 1990. 3.2.3. Source of water. Ground water from the alluvium of Cottonwood Creek, a tributary of Cherry Creek. 3.3. AWSD-WM-1 Well. The point of diversion of AWSD-WM-1 is located in the SW1/4 of the SW1/4 of Section 30, Township 5 South, Range 66 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 1,300 feet from the West section line and 10 feet from the South section line of said Section 30. 3.3.1. Amount claimed. 1,200 gpm (2.67 cfs). 3.3.2. Appropriation date. April 23, 1990. 3.3.3. Source of water. Ground water from the alluvium of Windmill Creek, a tributary of Cherry Creek. 3.4. AWSD-WM-2 Well. The point of diversion of AWSD-WM-2 is located in the SE1/4 of the NW1/4 of Section 30, Township 5 South, Range 66 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 1,750 feet from the West section line and 2,100 feet from the North section line of said Section 30. 3.4.1. Amount claimed. 1,200 gpm (2.67 cfs). 3.4.2. Appropriation date. April 23, 1990. 3.4.3. Source of water. Ground water from the alluvium of Windmill Creek, a tributary of Cherry Creek. 3.5. AWSD-LT-2 Well. The point of diversion of AWSD-LT-2 is located in the SW1/4 of the NE1/4 of Section 24, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 2,250 feet from the East section line and 2,500 feet from the North section line of said Section 24. 3.5.1. Amount claimed. 1,200 gpm (2.67 cfs). 3.5.2. Appropriation date. September 3, 1993. 3.5.3. Source of water. Ground water from the alluvium of Lone Tree Creek, a tributary of Cherry Creek. 3.6. Lone Tree Surface Diversion. The point of diversion is located in the SW1/4 of the NE1/4 of Section 24, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 2,250 feet from the East section line and 2,200 feet from the North section line of said Section 24. 3.6.1. Amount claimed. 2.67 cfs. 3.6.2. Appropriation date. April 23, 1990. 3.6.3. Source of water. Lone Tree Creek. 3.7. Cottonwood Diversion Structure No. 1. The point of diversion is located in the SE1/4 of the NE1/4 of Section 23, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 50 feet from the East section line and 1,450 feet from the North section line of said Section 23. 3.7.1. Amount claimed. 2.67 cfs. 3.7.2. Appropriation date. April 23, 1990. 3.7.3. Source of water. Cottonwood Creek. 3.8. Windmill Diversion Structure No. 1. The point of diversion is located in the SW1/4 of the SW1/4 of Section 30, Township 5 South, Range 66 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 1,300 feet from the West section line and 100 feet from the South section line of said Section 30. 3.8.1. Amount claimed. 2.67 cfs. 3.8.2. Appropriation date. April 23, 1990. 3.8.3. Source of water. Windmill Creek. 3.9. Windmill Diversion Structure No. 2. The point of diversion is located in the SE1/4 of the NW1/4 of Section 30, Township 5 South, Range 66 West of the 6th P.M., Arapahoe County, Colorado, at a point approximately 1,850 feet from the West section line and 2,100 feet from the North section line of said Section 30. 3.9.1. Amount claimed. 2.67 cfs. 3.9.2. Appropriation date. April 23, 1990. 3.9.3. Source of water. Windmill Creek. 3.10. Conditional Exchange. 3.10.1. Amount. 10 cfs, year-round. 3.10.2. Appropriation Date. April 23, 1990. 3.10.3. Description of Exchange. Water from ACWWA’s reusable wastewater treatment plant return flows, lawn irrigation and land application return flows, consumptive use credits, Cherry Creek Reservoir
Englewood Herald Legals 2.24.22 * 1
22 The Herald
February 24, 2022
Public Notices releases, and direct discharge of Applicant’s wells or water distribution system will be exchanged to the points of diversion identified in paragraphs 3.1 through 3.9, above, in accordance with the terms and conditions of the decree entered in Case No. 90CW201. ACWWA’s wastewater treatment facility is known as the Lone Tree Creek Water Reuse Facility. 3.11. Uses. Each of the Water Rights described in this paragraph 3 are decreed for multiple uses, including irrigation and all municipal uses, including domestic, commercial, industrial, recreation and fire protection purposes, and including the right to use, either directly or by exchange, for replacement of depletions, for exchange and substitution purposes, and for augmentation purposes, all within Applicant’s present and future service area. 4. Detailed Outline of Work Done For the Completion of the Conditional Appropriation and For Reasonable Diligence. Pursuant to paragraph 7.5 of the decree entered in Case No. 90CW201 and section 3792-301(4)(b) of the Colorado Revised Statutes, the “conditional water rights decreed herein are part of a unified, integrated system which will provide water within the Applicant’s service area. For purposes of demonstrating diligence, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of all water rights conditionally decreed herein, and shall constitute diligence toward the development of each of the conditional water rights decreed herein.” A detailed list of work done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed includes, but is not limited to, the following: 4.1. Well Maintenance. During this diligence period ACWWA spent approximately $6.6 million on repairs and maintenance and capital equipment for ACWWA’s water distribution system and wells. 4.2. Upper Cherry Creek Water Association. ACWWA is a member of the Upper Cherry Creek Water Association (“UCCWA”). UCCWA developed a very complex regional plan for augmentation, involving one conditional water storage right and one conditional appropriative right of exchange with several exchange-to and exchange-from points, which was originally decreed in Case No. 01CW284 on December 4, 2007. The water rights under the regional plan were continued as conditional and certain portions made absolute by the decree entered on October 21, 2015 in Case No. 13CW3184. An application to continue the water rights as conditional and make certain portions absolute was filed by UCCWA on behalf of its members on October 29, 2021 in Case No. 21CW3197. ACWWA is currently operating under the UCCWA plan, and has expended substantial sums on engineering and legal fees in participating in the UCCWA regional plan. 4.3. Joint Water Purification Plant. During this diligence period, ACWWA and Cottonwood Water and Sanitation District (“CWSD”) made improvements at the Joint Water Purification Plant (the “JWPP”), a water treatment facility which is co-owned by ACWWA, CWSD, and the Arapahoe County Water and Wastewater Public Improvement District. The improvements included the replacement of reverse osmosis membranes and the design, construction, and commissioning of a new biological treatment system (“BTS”). The BTS treats the reverse osmosis concentrate produced by the JWPP prior to discharge. The JWPP was constructed specifically to fully use and reuse the alluvial water rights of ACWWA and CWSD. Nine of CWSD’s alluvial wells and several of ACWWA’s alluvial wells are specifically listed as exchange to points under the decree entered in Case No. 01CW284. Water which is exchanged up to the alluvial wells of ACWWA and CWSD is typically treated at the JWPP before delivery to customers. Therefore, the improvements made at the JWPP increase and support the ability of ACWWA and CWSD to use the subject exchange. ACWWA expended approximately $8.2 million for the design and construction of the JWPP concentrate biological treatment system. 4.4. Lawn Irrigation Return Flow Analysis. In 2018, ACWWA’s engi-
neering consultants prepared and submitted to the Division Engineer an analysis of lawn irrigation return flows throughout Applicant’s service area pursuant to the decree entered in Case No. 86CW388(A). Said return flows will provide part of the physical and legal water supply for all of the structures and conditional water rights described herein. 4.5. Case No. 96CW1144. ACWWA has developed a nonpotable water system, which may be served in part by the structures and Conditional Water Rights described in paragraph 3 of this Decree. ACWWA has constructed some of the facilities necessary to operate the nonpotable system. That system is currently being expanded, in part by Chambers Reservoir in Douglas County. By the decree entered in Case No. 96CW1144 on May 19, 2016, the Court approved ACWWA’s plan for augmentation which resulted in additional augmentation supplies being available to support the use of the wells which are the subject of this case. This decree also adjudicated a conditional water storage right for Chambers Reservoir. The predominant use of Chambers Reservoir is expected to be as an element of ACWWA’s nonpotable water system and for management and release of augmentation water supplies. 4.6. Chambers Reservoir. During the subject diligence period, the Division of Water Resources Dam Safety Branch performed a final construction inspection of the synthetic liner installation project at Chambers Reservoir Dam and approved the synthetic liner. This reservoir operation will increase the demand for ACWWA to operate the subject exchange. Additionally, releases from Chambers Reservoir are a source of augmentation water and may be exchanged to the upstream point of ACWWA’s depletions pursuant to the subject exchange. The Chambers Reservoir storage right was decreed in Case No. 96CW1144. 4.7. Case No. 15CW3144. ACWWA was awarded a decree in Case No. 15CW3144, entered on February 8, 2018, which contains findings of reasonable diligence for and made portions absolute of ACWWA’s conditional water rights decreed in Case No. 86CW388(A). These conditional rights are also part of ACWWA’s integrated water system. 4.8. ACWWA Flow Project. In 2009 ACWWA contracted with United Water and Sanitation District (“United”) and East Cherry Creek Valley Water & Sanitation District (“ECCV”) to develop the ACWWA Flow Project. When fully developed, this project will acquire, treat and deliver 4,400 acre feet of annual average yield water rights from ditch systems in the South Platte Basin to the ECCV Water Treatment Plant for treatment, then to ACWWA for use. This water will be used for ACWWA’s customers and its return flows will be used in ACWWA’s augmentation plan, which will use ACWWA’s alluvial wells to supply ACWWA additional potable and non-potable water supplies. ACWWA has numerous wells that are listed as exchange points in this Application. Water which is exchanged up to ACWWA’s alluvial wells can be stored in Chambers Reservoir for use. Therefore, the development of the ACWWA Flow Project increases and supports ACWWA’s ability to use the subject exchange. The total estimated cost of the Phase II infrastructure is $60 million for an additional 10 million gallons of pumping and treatment capacity. The Booster Pump Stations are approximately $25 million and the NWTP Expansion is approximately $35 million. ACWWA has purchased an additional 3 million gallons of capacity from these facilities, totaling about $18 million in capital expenditure for the following: Expansion of the Northern Water Treatment RO Plant (2018-2020); Expansion of the North and South Booster Pump Stations (20182019); and Construction of Deep Injection Well II (2018). 4.9. 2019 Draft Integrated Master Plan. During this diligence period, ACWWA began updating its 2011 Master Plan. The updated integrated master planning effort involves assessing the condition and performance of the existing systems, including improvements that have occurred since the 2011 master plan, analyzing existing and future water storage needs, examining existing and future supply and demand/ load
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analysis, analyzing and assessing treatment plant and lift station capacity, identifying capital improvement projects, and proposing an overall phased capital improvement program. The plan fully relies on ACWWA’s alluvial water rights (including numerous wells that are listed as exchange points in 01CW284) and the augmentation of the use of those wells when not in priority to ensure ACWWA has an efficient system. Therefore, the development of this planning document increases and supports ACWWA’s ability to use the subject exchange. 4.10. Protection of Water Rights. During the diligence period, ACWWA has been an active objector in numerous Water Court cases involving Cherry Creek, in which it seeks to protect its decreed and vested water rights. 4.11. ACWWA continues to rely upon and develop the conditional water right described herein and has no intent to abandon them. WHEREFORE, ACWWA respectfully request that this Court enter an order finding that reasonable diligence has been exercised in the development of the Conditional Water Rights described herein and such rights be continued as conditional. (9 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 MARCH 31, 2022 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $192.00 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. 301301 First Publication: February 24, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald
Notice to Creditors Public Notice
Case Number: 22PR2 All persons having claims against the above named estate are required to present them to the Personal Representative or to District Court of Arapahoe County, Colorado on or before June 17, 2022, or the claims may be forever barred. Scott M. Stroup, Personal Representative 4411 Longview Dr. Rocklin, CA 95677 Legal Notice No. 301297 First publication: February 17, 2022 Last publication: March 03, 2022 Publisher: Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Lenny Eugene Williams, Deceased Case Number: 2022PR30158
PUBLIC NOTICE NOTICE TO CREDITORS Estate of Jeanne Jolly Perry, Deceased Case Number: N/A All persons having claims against the abovenamed estate are required to present them to the Personal Representative on or before June 17, 2022, or the claims may be forever barred.
Richard J. Williams, Personal Representative 7048 South Clermont Street Centennial, CO 80112
Anna Wilkes, Personal Representative 304 W. Main Street Waukon, IA 52172
Legal Notice No. 301303 First Publication: February 24, 2022 Last Publication: March 10, 2022 Publisher: Englewood Herald
Legal Notice No. 301299 First Publication: February 17, 2022 Last Publication: March 3, 2022 Publisher: Englewood Herald
Public Notice
Public Notice
NOTICE TO CREDITORS Estate of Hildie Newman, a/k/a Hilda Newman, Deceased Case Number: 2022 PR 30121
NOTICE TO CREDITORS Estate of Fuji Murakami, Deceased Case Number: 2022 PR 30080
All persons having claims against the abovenamed estate are required to present them to the personal representative or to th e District Court of Arapahoe, County, Colorado on or before June 24, 2022, or the claims may be forever barred. Jessica Newman, Personal Representative 7675 35th St. Boulder, CO 80302 jessicarnewman@gmail.com Legal Notice No. 301307 First Publication: February 24, 2022 Last Publication: March 10, 2022 Publisher: Englewood Herald PUBLIC NOTICE
All persons having claims against the above named estate are required to present them to the Personal Representative or to District Court of Arapahoe County, Colorado on or before June 17, 2022, or the claims may be forever barred.
Colleen Wells, Personal Representative 13691 East Marina Drive #510 Aurora, CO 80014
Courtney M. Mino and Addison J. Hudzik Personal Representative 32186 Castle Court, Suite 301 Evergreen, Colorado 80439 Legal Notice No. 301296 First publication: February 17, 2022 Last publication: March 03, 2022 Publisher: Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Kaye Warren Kessler; a/k/a Kaye W. Kessler;
All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Arapahoe County, Colorado on or before June 15, 2022, or the claims may be forever barred. Wann S. Caron, Personal Representative 2 Adams St., #1202 Denver, CO 80206 Legal Notice No. 301288 First Publication: February 10, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald Public Notice
All persons having claims against the abovenamed Estate are required to present them to Personal Representative or to the Arapahoe County District Court on or before June 22, 2022, or the claims may be forever barred.
NOTICE TO CREDITORS Estate of Shane Benjamin Stroup, deceased
Kristine D. Kessler, Personal Representative 521 West Mineral Avenue Apt. 221 Littleton, CO 80120
All persons having claims against the above named estate are required to present them to the personal representative or to District Court of Arapahoe County, Colorado on or before June 24, 2022, or the claims may be forever barred.
NOTICE TO CREDITORS Estate of Ellen Marie Hudzik, deceased Case Number: 2022PR030092
PUBLIC NOTICE
All persons having claims against the abovenamed Estate are required to present them to Personal Representative or to the Arapahoe County District Court on or before June 15, 2022, or the claims may be forever barred.
Legal Notice No. 301298 First Publication: February 17, 2022 Last Publication: March 3, 2022 Publisher: Englewood Herald
NOTICE TO CREDITORS Estate of Thomas Dennis Wells; a/k/a Thomas D. Wells; a/k/a Thomas Wells, Deceased. Case Number: 2022PR030073
Legal Notice No. 301305 First Publication: February 24, 2022 Last Publication: March 10, 2022 Publisher: Englewood Herald
a/k/a Kaye Kessler Deceased. Case Number: 2022PR030117
NOTICE TO CREDITORS Estate of Constantine I. Haddad, a/k/a C. I. Haddad, a/k/a Constantine Ibrahim Haddad, Deceased Case Number: 22PR30042 All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of ARAPAHOE County, Colorado on or before June 10, 2022, or the claims may be forever barred. Pamela A. Haddad Personal Representative c/o Zisman, Ingraham & Mong, P.C. 8480 East Orchard Rd., Ste. 2500, Greenwood Village, CO 80111 Legal Notice No. 301287 First Publication: February 10, 2022 Last Publication: February 24, 2022 Publisher: Englewood Herald
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Englewood Herald Legals 2.24.22 * 2
The Herald 23
February 24, 2022
Public Notices Water Court Public Notice
DISTRICT COURT, WATER DIVISION 1, COLORADO JANUARY 2022 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 JANUARY 2022 for each County affected. 22CW3005 (13CW3177) THE CITY OF AURORA, COLORADO, acting by and through its Utility Enterprise, 15151 E. Alameda Parkway, Suite 3600, Aurora, CO 80012, 303-739-7370. Please direct all pleadings to: John M. Dingess, Austin Hamre, Teri L. Petitt, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 500, Denver, Colorado 80237, 303-779-0200. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE AND TO CONTINUE CONDITIONAL WATER RIGHTS IN ADAMS AND ARAPAHOE COUNTIES. 2. DESCRIPTION OF CONDITIONAL WATER RIGHTS. 2.1. Original Decree: Water Division 1, Case No. 13CW3177. 2.2. Date of Original Decree: January 6, 2016. 2.3. Dates of Subsequent Decrees: None. 2.4. Conditional Surface Water Right: Sand Creek Park Inlet (shown on Exhibit A, attached hereto). 2.4.1. Legal Description of Sand Creek Park Inlet. On the South side of Tollgate Creek in the SW 1/4 of the SE 1/4 of Section 25, T3S, R67W, 6th P.M., in Adams County, Colorado. 2.4.2. Source: Surface water tributary to Tollgate Creek, tributary to Sand Creek, tributary to the South Platte River. 2.4.3. Amount: 0.44 c.f.s. 2.4.4. Appropriation Date: December 16, 2013. 2.4.5. Uses: All uses necessary and incident to use of the Sand Creek Park Pond System for park and recreational purposes, which uses include but are not limited to aesthetic, fire protection, fish and wildlife propagation, other piscatorial uses, wildlife and waterfowl habitat, incidental irrigation, and recreation. 2.5. Conditional Storage Water Right: Sand Creek Park Pond System (shown on Exhibit B). 2.5.1. Legal Description of Sand Creek Pond System. The Sand Creek Park Pond System is a series of three off-channel, interconnected lined ponds located in Section 25, Township 3 South, Range 67 West of the 6th P.M. in Adams County, Colorado. Water will be diverted into the Sand Creek Park Pond System at the Sand Creek Park Inlet described in paragraph 3 above. 2.5.1.1. The Centroid of Pond A is located in the SW 1/4 of the SW 1/4 of Section 25, Township 3 South, Range 67 West of the 6th P.M., at a point 726 feet from the West section line and 500 feet from the South section line of said Section 25, Adams County, Colorado. 2.5.1.2. The Centroid of Pond B is located in the SW 1/4 of the SW 1/4 of Section 25, Township 3 South, Range 67 West of the 6th P.M., at a point 1,116 feet from the West section line and 479 feet from the South section line of said Section 25, Adams County, Colorado. 2.5.1.3. The Centroid of Pond C is located in the SE 1/4 of the SW 1/4 of Section 25, Township 3 South, Range 67 West of the 6th P.M., at a point 1,685 feet from the West section line and 388 feet from the South section line of said Section 25, Adams County, Colorado. 2.5.1.4. Water will be released from the Sand Creek Park Pond System and returned back to Sand Creek at a point located in the SW 1/4 of the SW 1/4 of Section 25, Township 3 South, Range 67 West of the 6th P.M., at a point 535 feet from the West section line and 665 feet from the South section line of said Section 25, Adams County, Colorado. 2.5.2. Source: Surface water tributary to Tollgate Creek, tributary to Sand Creek, tributary to the South Platte River. 2.5.3. Amount: A total of 38 acre-feet. Pond A: 5.28 acre-feet, of which a de minimis amount is dead storage. Pond B: 6.65 acre-feet, of which a de minimis amount is dead storage. Pond C: 26 acre-feet, of which 13 acre-feet is dead storage. 2.5.4. Rate of Diversion for Filling the Sand Creek Park Pond System: 0.44 c.f.s. 2.5.5. Appropriation Date: December 16, 2013. 2.5.6. Uses: All uses necessary and incident to use of the Sand Creek Park Pond System for park and recreational purposes, which uses include but are not limited to aesthetic, fire protection, fish and wildlife propagation, other piscatorial uses, wildlife and waterfowl habitat, incidental irrigation, and recreation. 2.6. Conditional Appropriative Right of Exchange (shown on Exhibits A and B, attached hereto). 2.6.1. Exchange-From Points: 2.6.1.1. Confluence of Sand Creek and the South Platte River: The confluence is generally located in the SE1/4 of the SW1/4 of Section 1, T3S, R68W, of the 6th P.M., Adams County, Colorado. 2.6.1.2. The Outfall of the Aurora Sand Creek Wastewater Treatment Plant, also known as the Sand Creek Water Reuse Facility, located on Sand Creek in the NW1/4 of SE1/4 of Section 26, T3S, R67W, 6th P.M, Adams County, Colorado. 2.6.1.3. The quantification point for Aurora’s Reusable Lawn Irrigation Return Flows (“LIRFs”) as decreed in Case No. 02CW341, Water Division 1. This quantification point is located at the USGS Sand Creek gauge, (Gauge SANCOMCO.394839104570300) on Sand Creek approximately 1,400 feet upstream of the confluence of Sand Creek and the South Platte River, in the NE 1/4 of the NW 1/4 of Section 12, T3S, R68W, or a location at which such gauge may be relocated in the future. 2.6.1.4. The point at which water will be released from the Sand Creek Park Pond System and returned back to Sand Creek, as described in paragraph 2.5.1.4. above. 2.6.2. Exchange-To Point: The point of diversion for the Sand Creek Park Inlet, as described in paragraph 2.4. above. 2.6.3. Exchange Rate: 0.44 c.f.s., conditional. 2.6.4. Appropriation Date: December 16, 2013. 2.6.5. Sources of substitute supply: 2.6.5.1. Any water derived from the exercise of all water rights owned by Aurora at the time of the original adjudication of 13CW3177 that were fully consumable or reusable from water sources diverted from the Colorado River Basin, the Arkansas River Basin, and the South Platte River Basin, or withdrawn from the Denver Basin Aquifers, as well as reusable municipal effluent and quantified lawn irrigation return flows. A list of said water rights is attached hereto as Exhibit C. 2.6.5.2. Other water that is reusable, fully consumable, transmountain or historical consumptive use, or decreed for exchange or augmentation purposes, that Aurora develops adjudicates, buys, leases, or otherwise acquires, said rights being situated in the Colorado, Arkansas, and/or South Platte River basins. 2.6.6. Uses: All uses necessary and incident to use of the Sand Creek Park Pond System for park and recreational purposes, which uses include but are not limited to aesthetic, fire protection, fish and wildlife propagation, other piscatorial uses, wildlife and waterfowl habitat, incidental irrigation, and recreation. 2.6.7. Exchange Matrix:
Exchange-From Points
Exchange-To Point
Conditional Absolute Exchange Rate Exchange Rate (cfs) (cfs)
Confluence Sand Creek & S. Platte River Sand Creek Water Reuse Sand Creek 0.44 Facility Outfall to Sand Creek Park Inlet LIRF Quantification Point (USGS Sand Creek Gauge) Sand Creek Park Ponds Outlet to Sand Creek
0.00
3. DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATIONS AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED. The water rights that are the subject of this application are part of Aurora’s trans-basin municipal water supply system that is an integrated system of water rights and structures under C.R.S. § 37-92-301(4)(b). During the diligence period Aurora performed the following work and made the following expenditures toward completion of the appropriations and application of the water rights decreed in the Original Decree to beneficial use (expenditure numbers are rounded to the nearest $1,000). 3.1. Project Specific Efforts. During the diligence period, Aurora has done at least the following project specific work toward completion of the appropriations and application of the conditional water rights decreed in Case No. 13CW3177 to beneficial use: 3.1.1. Sand Creek Diversions and Storage Activities. During the diligence period, Aurora has diverted water in priority at the Sand Creek Park Inlet and has stored that water in priority in the Sand Creek Park Ponds. Aurora is not seeking to make any portion of these rights absolute at this time but will reserve these claims for a later application seeking to make the rights absolute. 3.1.2. Sand Creek Park Expenses. During the diligence period, Aurora has spent at least $12,000 actively improving and maintaining the inlet structure and pond system located at Sand Creek Park in order to diligently pursue the appropriation and beneficial use of the water rights that are the subject of this application. These activities included facility upgrades and inlet vault maintenance operations; maintenance of the measuring device, channel, and pumping system; noxious weed mitigation; pump operation and adjustments; and debris and sediment removal. 3.1.3. Sand Creek Water Reuse Plant Improvements. Aurora operates the Sand Creek Water Reuse Plant, a 5-million-gallon per day facility, which provides treated water used for irrigation throughout the City and for discharge into Sand Creek for use as a replacement source for the exchanges herein. Aurora expended approximately $7,552,000 for improvements to and operating costs for the Sand Creek plant during the diligence period. This work is necessary for reuse within the South Platte River Basin of the water that is the subject of the exchanges herein and also to comply with water reuse requirements. 3.1.4. Legal Activities. During the subject diligence period, Aurora spent in excess of $3,000 on legal activities directly related to the conditional groundwater rights and exchanges herein. 3.2. System-wide Efforts. During the diligence period, Aurora has accomplished at least the following systemwide efforts that will be used to operate or benefit the conditional rights. 3.2.1. South Platte River Basin. Aurora made the following diligent efforts with regard its water supply system components in the South Platte River Basin which are necessary for continuation of its reusable supplies from the South Platte River Basin which are the source of the water for the exchanges sought herein. 3.2.1.1. Spinney Mountain Reservoir. Aurora expended substantial sums for facility upgrades during the diligence period, including internal outlet works inspections, applications of protective coatings on outlet pipes, assessment, design and extension of the storm drainage systems below the dam, installation of filter trench drains, measurement devices, and installation of heater jackets over valve operators. 3.2.1.2. Metro Wastewater Reclamation District Charges. Aurora expended approximately $157,092,000 during this diligence period for fees for wastewater treatment of its water at the Metro Wastewater Reclamation facility. Such treatment is necessary for reuse of the water that is the subject of the exchanges herein within the South Platte River Basin and to comply with water reuse requirements. 3.2.1.3. Griswold Water Treatment Plant Renovations. This facility treats a portion of the raw water exchanged under the Original Decree before it is delivered to Aurora’s customers. Approximately $29,530,000 was spent by Aurora for improvements to this facility necessary to accommodate the water that is the subject of the exchanges herein. This includes expenditures directly by Aurora for renovation of the facility. 3.2.1.4. Wemlinger Water Treatment Plant Expansion. Aurora spent approximately $55,094,000 for expansion of the Wemlinger Water Treatment Plant. This facility treats a portion of the raw water exchanged under the Original Decree before it is delivered to Aurora’s customers. 3.2.1.5. Improvements to Extend and Improve Water Service in and to Aurora. Approximately $155,210,000 was spent by Aurora for extension and upgrade of its water transmission system necessary to deliver the water that is the subject of the exchange herein to Aurora’s customers. 3.2.1.6. Automated Meter Reading System. Aurora spent approximately $6,052,000 for updates to its automated utility reading system. This is needed for efficient operation of Aurora’s water supply and delivery system, including use of the water that is the subject of the exchange herein. 3.2.1.7. Improvements to Sanitary Sewer System. Approximately $61,155,000 was spent by Aurora for extension and upgrade of its sanitary sewer system necessary for wastewater treatment and reuse within the South Platte River Basin of the water that is the subject of the exchange herein. 3.2.1.8. Prairie Waters Project. The Prairie Waters Project is a large comprehensive water supply, storage and treatment project in which return flows to the South Platte River from Aurora’s water sources, including the water that is the subject of the exchange herein, may be rediverted for subsequent reuse. To facilitate this project Aurora obtained various decrees in Case Nos. 06CW104, 03CW414, and 03CW415, Water Division 1. This project allows further reuse of much of the water decreed to Aurora. During the diligence period, Aurora obtained a decree in Case No. 15CW3064, finding reasonable diligence for the water rights originally decreed in Case No. 06CW104 (decreed December 1, 2017). On November 23, 2021 in Case No. 21CW3006 Aurora obtained a decree finding reasonable diligence for the Aurora-Everist No. 2 water rights originally decreed in Case No. 03CW414. On November 4, 2020, Aurora was granted a decree in Case No. 20CW3058 for findings of reasonable diligence for conditional storage rights for the Aquifer Recharge and Recovery Facility B (ARR-B) and the Tucson South Reservoir, originally decreed in Case No. 03CW414. On March 27, 2021, Aurora filed an application in Case No. 21CW3028 seeking diligence on the conditional rights originally decreed in 03CW415. On May 28, 2021 in Case No. 21CW3077 Aurora filed an application for a finding of diligence for the PWP InFill Wells originally decreed in Case No. 13CW3042, Water Division 1. Aurora has expended at least $2,301,000 on several elements of the Prairie Waters Project during this diligence period. 3.2.1.9. Lawn Irrigation Return Flows (LIRFs) Credits. Aurora obtained a decree in Case No. 02CW341, Water Division 1, on September 25, 2008, quantifying LIRFs from its municipal system (and subsequent
1
requantifications as required by the Decree in 02CW341), generated as a result of use of transmountain water rights, fully consumable in-basin water rights, decreed and permitted non-tributary sources and any other fully consumable water available to Aurora. Aurora also installed seventeen new monitoring wells and expends manpower to monitor these wells every three months. Water that is transported under the exchanges herein and used in Aurora’s service area can be reused under the decree in Case No. 02CW341. On April 15, 2018 the Court granted an Aurora motion to approve revised deep percolation percentages, revised unit response factors, and revised accounting forms. During this diligence period, Aurora has expended significant sums for engineering and legal costs required to requantify the LIRFs adjudicated in Case No. 02CW341 available for reuse. 3.2.1.10. Rampart Reservoir and Delivery System. Approximately $12,516,000 was spent by Aurora during this diligence period for improvements to the Rampart Reservoir delivery system. This reservoir is used to store the water that is the subject of the exchanges herein before it is transported through parallel 54” and 40” pipelines to Aurora. Rampart Reservoir is important for regulation of the flow through these parallel pipelines. 3.2.1.11. Binney Water Purification Facility. This state-of-the-art water purification and recycling plant owned and operated by Aurora treats water for use throughout the City. Approximately $17,260,000 was spent by Aurora during the diligence period for improvements to this facility. 3.2.1.12. Aurora Know Your Flow Program. During the diligence period, Aurora Water Conservation developed its voluntary Know Your Flow Program designed to help customers understand how efficiently they are using water. Through the program, Aurora Water Conservation estimates what a customer’s water use could be for a given billing cycle if the customer were using water efficiently. The customer receives a monthly e-mail from Aurora Water Conservation showing the property’s actual water use versus the customized recommended indoor and outdoor water use. Customers also receive weekly watering recommendations and tips during the irrigation season. The Know Your Flow Program was designed by Aurora to encourage more efficient use of the water that is the subject of this application. 3.2.2. Arkansas River Basin. Aurora made the following diligent efforts with regard to maintaining and enlarging its water supply system components in the Arkansas River Basin which are necessary for continuation of its reuseable supplies from the Arkansas River Basin and are the source of the water for the exchanges sought herein. 3.2.2.1. Payment for Rocky Ford Ditch shares. Aurora spent approximately $395,000 during this diligence period for repayment of bonds and payments to note sellers, including principal and interest that were issued or refunded for purchase of Applicant’s share of the Subject Rocky Ford Ditch Company shares. 3.2.2.2. Otero IGA. Aurora and Otero County entered into an Intergovernmental Agreement on February 22, 1994, and amended that Agreement on October 29, 2001 under which Amendment Aurora agreed to make annual payments to Otero County concerning the Rocky Ford Ditch shares that are the source for the subject conditional water right. During this diligence period, Aurora made payments of approximately $267,000. 3.2.2.3. Pueblo Reservoir Storage. During this diligence period, Aurora paid the Bureau of Reclamation approximately $5,234,000 for storage use of Pueblo Reservoir, for long-term storage as well as for consultants and legal fees for the long-term storage contract. 3.2.2.4. Assessments Paid for Use of Twin Lakes, Lake Henry/Lake Meredith, Rocky Ford Ditch. During this diligence period, Aurora paid approximately the following in annual assessments: approximately $374,000 for Twin Lakes Company (necessary for storage); at least $928,000 for the Colorado Canal/Lake Henry/Lake Meredith (necessary for storage); and approximately $1,449,000 for the Rocky Ford Ditch for the shares attributable to the Subject Rocky Ford Ditch Water Right. 3.2.2.5. Intergovernmental Agreement with SECWCD. On October 3, 2003, Aurora entered into an Intergovernmental Agreement with the Southeastern Colorado Water Conservancy District (“SECWCD”), replacing an agreement between the parties dated December 7, 2001. Under this new IGA, Aurora and SECWCD agree to support proposed federal legislation relating to the Fryingpan-Arkansas Project to include, among other things, re-operations of the existing water storage facilities, studies for enlargements to Pueblo and Turquoise Reservoirs, and confirming the authority of the Bureau of Reclamation to enter into contracts with Aurora for use of the facilities including longterm contracts. Aurora’s ability to use Fryingpan-Arkansas facilities is expanded under this IGA and Aurora is obligated to make certain payments to SECWCD in consideration for the expanded use. Under this IGA, SECWCD also agrees not to oppose Aurora’s attempts to contract with the Bureau of Reclamation for use of the Fryingpan-Arkansas Project facilities, to facilitate delivery of Aurora’s water, and to settle opposition to each other’s water court applications, including this case. During this diligence period, Aurora made payments of approximately $913,000 to SECWCD under this IGA. 3.2.2.6. Intergovernmental Agreement with LAVWCD. Pursuant to an Intergovernmental Agreement with the Lower Arkansas Valley Water Conservation District (“LAVWCD”), Aurora paid approximately $1,000,000 to LAVWCD for the identification and implementation of infrastructure improvements, research, and investigations designed to assist in the permitting or implementation of water leasing programs in the Lower Arkansas Valley, as well as remediation and restoration efforts in the Fountain Creek Corridor. 3.2.2.7. Agreements for Use of the Holbrook System Facilities. On March 1, 2005, Aurora entered into two agreements pertaining to the use of the diversion, conveyance and storage facilities of the Holbrook Mutual Irrigating Company (“Holbrook”). Aurora and Holbrook extended this agreement on February 2, 2010. These agreements implement a program to recapture and store yield from foregone diversions of senior water rights. Aurora completed structural modifications to the Holbrook system facilities and filed a Substitute Water Supply Plan necessary to implement the program. An Amended Agreement was entered into on April 21, 2016. Further, Aurora initiated a study to examine enlargement of the Holbrook Reservoir to further facilitate operations. During this diligence period, Aurora made payments of approximately $401,000 to Holbrook under this agreement. 3.2.2.8. Recovery of Yield (“ROY”). On August 17, 2016, Aurora, along with Colorado Springs, the Pueblo Board of Water Works, the City of Fountain, and the Southeastern Colorado Water Conservancy District, obtained a decree in WD-2, Case No. 06CW120 adjudicating exchanges necessary as a result of the 2004 Regional Intergovernmental Agreement (“IGA”) between the various water providers and the City of Pueblo, whereby the water providers agreed to allow certain of their senior flows to pass through Pueblo’s RICD reaches on the condition those flows could be removed downstream and exchanged back upstream. In addition, the ROY participants, including Aurora, have made significant efforts to secure the Arkansas Gravel Pit Reservoir (“AGPR”) or a comparable facility. During December 2021 the ROY participants purchased the so-called Fossel property for potential use and a reservoir site. Aurora has expended approximately $22,000 on these efforts during the diligence period. 3.2.2.9. Revegetation. Aurora has expended approximately $1,955,000 during this diligence period for revegetation, including expenditures for expert revegetation classifications and reports, actual revegetation and weed control costs, as well as farm equipment purchases, office overhead and personnel costs, under Case No. 83CW18. Aurora also expended additional sums for revegetation and continued farming of historically irrigated lands pursuant to the decree in Case No. 99CW169(A). On June 3, 2014, Aurora entered into an Intergovernmental Agreement with Otero County to clarify between the parties certain terms contained in the 99CW169(A) decree regarding revegetation. 3.2.3. Colorado River Basin. Aurora made the following diligent efforts with regard to its water supply system components in the Colorado River Basin that are necessary for continuation of its reusable supplies from the Colorado River Basin and are the source of the water for the exchanges sought herein. 3.2.3.1. Homestake Project. Once water is transported over the Continental Divide through the Otero Pump Station and Homestake Pipeline, Aurora transports its share to Spinney Mountain Reservoir in the South Platte Basin. Aurora has spent approximately $19,285,000 toward further development of the Homestake Project’s conditional water rights. 3.2.3.2. During this diligence period, Aurora prosecuted Case No. 16CW3022, Water Division 5. On September 17, 2017, the Division 5 Water Court entered a decree confirming diligence and continuing in effect the conditional water rights originally decreed in Case 88CW449, which comprise part of the Homestake Project. 3.2.3.3. During this diligence period, Aurora prosecuted Case No. 16CW3131, Water Division 5. On June 18, 2017, the Division 5 Water Court entered a decree confirming diligence and continuing in effect the conditional water rights originally decreed in Case 98CW270, which comprise part of the Homestake Project. 3.2.3.4. During this diligence period, Aurora prosecuted Case No. 17CW3064, Water Division 5. On June 10, 2018, the Division 5 Water Court entered a decree confirming diligence and continuing in effect the conditional water rights originally decreed in Case 95CW272-A, which comprise part of the Homestake Project. 3.2.3.5. During this diligence period, Aurora assisted in the filing of an application and litigation of Case No. 20CW3024, Water Division 5, seeking a decree making conditional water rights absolute in part, confirming diligence and continuing in effect the remainder of the conditional water rights originally decreed in Case CA1193, which comprise part of the Homestake Project. 3.2.3.6. During this diligence period, Aurora entered into an Agreement and Intergovernmental Agreement with Colorado River Water Conservation District, Basalt Water Conservancy District, Board of County Commissioners of Eagle County, Board of County Commissioners of Pitkin County, Grand Valley Water Users Association, Orchard Mesa Irrigation District, and the Ute Water Conservancy District, effective date August 1, 2018 (the “Settlement Agreement”). Inter alia, the Settlement Agreement addressed resolution of 09CW142, Water Division 2, amongst certain parties thereto, and is filed in the Court’s file for Case No. 09CW142. As contemplated and limited by the terms of the Settlement Agreement, Aurora filed an application in Case No. 19CW3159, Water Division 5, seeking judicial determination of appropriative rights of exchange by which 900 acre feet of water of the Twin Lakes Reservoir and Canal Company (“Twin Lakes”), available to Aurora via its share ownership and over which Aurora has maintained dominion and control in any one year will be moved as follows. Water from Grizzly Reservoir will be placed into Lincoln Gulch, a tributary of Lincoln Creek, or bypassed from the Twin Lakes system’s Roaring Fork River basin facilities into other tributaries of the Roaring Fork River, and then exchanged from the confluence of the Roaring Fork and Fryingpan Rivers upstream on the Fryingpan River to Ruedi Reservoir and an additional exchange, as a component subset of the 900 acre feet, up to 450 acre feet in any one year from Ruedi Reservoir upstream to Ivanhoe Reservoir located upon Ivanhoe Creek for subsequent movement into Water Division 2. 3.3. Non-Basin Specific Efforts. 3.3.1. Study of Aurora’s Water Needs. Aurora spent approximately $1,077,000 toward engineering and planning studies to assist in determining the City’s future water needs and a plan to meet those needs, including treatment and distribution studies, various conservation studies and developing its Non-Potable System Master Plan. This study will increase the overall efficiency of Aurora’s operations. 3.3.2. Aurora Raw Water System Model. Aurora spent additional sums for consultant fees to develop and support a computer model of Aurora’s raw water system. These costs are in addition to the modeling efforts included in the engineering and planning studies identified in paragraph 3.3.1, above. 3.3.3. Protection Efforts. Aurora spent approximately $500,000 for legal services for participation in Water Division 1 cases to protect the rights and interests of Aurora with regard to its water supply system, including the subject groundwater and exchange rights. 3.4. Other. Aurora reserves the right to identify additional relevant efforts that may be later discovered or to make upward adjustments to amounts expended on certain projects. Aurora has an extensive water rights portfolio, an extensive and complex water supply, collection, treatment and reuse system, and an extensive number of agreements, contracts, leases, etc. related to its facilities and the use, reuse and storage of its water rights. It is involved in many legal actions related to the collection, treatment, reuse and protection of its water rights. Further, the management, protection, and operation of the water rights and the facilities system involve numerous City of Aurora departments and staff members throughout the state. Aurora made diligent efforts with regard to this application to determine and quantify all efforts made by the City toward completion of the appropriations and application of the water rights decreed in Case No. 13CW3177 to beneficial use. However, it is reasonably possible that relevant efforts or expenditures may have been overlooked or need further upward adjustment. 4. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: 4.1. Sand Creek Park Pond System and Sand Creek Park Inlet: Aurora. 4.2. Sand Creek Wastewater Treatment Plant: Aurora. 4.3. Aurora Reservoir: Aurora. 4.4. Quincy Reservoir: Aurora. 4.5. Sand Creek Gauge described in paragraph 2.6.1.3 above: U.S. Geological Survey, Box 25046, Denver Federal Center, Denver, CO 80225. (Application and Exhibits: 34 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 MARCH 31, 2022 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $192.00 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.: 301302 First Publication: February 24, 2022
Last Publication: February 24, 2022 Publisher: Englewood Herald
Englewood Herald Legals 2.24.22 * 3
24 The Herald
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