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County officials provide update on COVID-19 vaccine PAGE 4

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Mixed signals - proposed broadband towers pick up some static

75 CENTS

Springs proposes 5% increase in water, sewer rates

The 5% higher rates would go into effect in April

BY GLENN WALLACE GWALLACE@COLORADOCOMMUNITYMEDIA.COM

“There may be a house or two behind a rock, but yes, we should be able to get everyone,” said Stephan Androde, who spoke to the Clear Creek Board of County Commissioners on behalf of Clear Creek Broadband at the Jan. 5 public hearing about one of the three tower sites.

The towers would be painted in greens and browns, and have been positioned to not sit directly on top of ridge lines, but would extend above the surrounding tree canopies. The visual impact of those towers has become the focal point of the current neighborhood debate. “it was a balance between how

Idaho Springs is considering a 5% rise in water and wastewater rates for Idaho Springs utility customers this year.

The rate increase plan was approved for further discussion by a 6-1 vote with Jim Clark voting no at the Idaho Springs City Council meeting on Jan. 11.

During the meeting, Mayor Mike Hillman said the city’s last utility cost analysis recommended increasing rates by 9% this year.

“We decided, when we were doing the budget, to go just 5% to not take as much this year with so much going on,” Hillman said.

A work session to discuss this matter further has tentatively been scheduled for 6 p.m. on Jan. 25. The second reading and public hearing on the ordinance is scheduled for 7 p.m. on Feb. 8.

The 5% increase is proposed for both the usage fee rates for water and sewer, as well as the service fees that apply to all properties hooked up to city services. The average three-person household could expect

SEE BROADBAND, P7

SEE WATER RATES, P3

The three Clear Creek County commissioners, along with county staffers and members of the Echo Hills community congregate on Jan. 13, near the site of one of the three proposed broadband communications towers that are up for county approval.

PHOTO BY GLENN WALLACE

Expanding internet service isn’t without visual impacts as some neighbors argue over plan

BY GLENN WALLACE GWALLACE@COLORADOCOMMUNITYMEDIA.COM

Residents of Echo Hills are debating whether better broadband is worth the visual impact of communication towers springing up next door.

The Department of Regulatory Agencies identifies a ribbon of 775 homes along the eastern edge of Clear Creek where broadband in-

THE COMPANY Clear Creek Broadband’s website contains basic information about its plans, and includes maps and eventual service plans — ccb-app.now.sh. ternet access is difficult, if not impossible. The agency issued a grant to a locally-formed company, Clear Creek Broadband, to bring better internet to the area. The company, focusing on the neighborhoods of Upper Bear Creek, Echo Hills, and Yankee Creek, has proposed setting up three communication towers, ranging from 60 feet, to 125 feet tall, that would allow the company to offer monthly internet service to virtually every home in the area.

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January 20, 2021

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Clear Creek Courant 3

January 20, 2021 Weather Observations for Georgetown, Colorado Week of January 11, 2021 A local National Weather Service volunteerfor observer makesColorado temperature and Weather Observations Georgetown, precipitation observations each day at about 8 a.m. at the Georgetown Weather Station.

Wind observations are made at Georgetown Lake. “Max” and “Min” temperatures are Week of January 11, 2021 from digital displays of a “MMTS” (“Maximum/Minimum Temperature System”); “Mean daily” temperature is the calculated average of the max and min. “Total Precipitation” inches ofvolunteer rainfall plus melted snow.

“Snowfall” is inches snow A local Nationalis Weather Service observer makes temperature and precipitation observations each day atof about 8 a.m. that accumulated during the preceding hours.

T = Trace of and precipitation. = Not at the Georgetown Weather Station.

Wind observations are24 made at Georgetown Lake. “Max” “Min” temperaturesNR are from Reported.

“Peak at Georgetown Lake” is the velocity in miles hour and the digital displays of awind “MMTS”gust (“Maximum/Minimum Temperature System”); “Mean daily” temperature is the per calculated average time of ofthethe wind gust that during the calendar max maximum and min. “Total Precipitation” is inches of occurred rainfall plus melted snow. “Snowfall” is inches ofday snow preceding that accumulatedthe during the preceding 24 hours.

T = Tracedata of precipitation.

NR = Not “Peak wind at Georgetown Lake” is the date of observation.

Historic are based onReported. the period of gust record for which statistical velocity been in miles compiled per hour and the(about time of the52 maximum wind gust that the occurred during the calendar day preceding the date of data have years within period 1893-2019).

Any weather observation.

Historic data are based period of record for data have been compiled (abouthistorical 52 years within data records noted are based on on a the comparison of which thestatistical observed value with the set. the period 1893-2019). Any weather records noted are based on a comparison of the observed value with the historical data set.

Day and date of observation (2021)

Summary

Monday, 01/11 Tuesday, 01/12 Wednesday, 01/13 Thursday, 01/14 Friday, 01/15 Saturday, 01/16 Sunday, 01/17 Week’s avg max, min, mean daily T; sum of TP, SF Historic week’s avg max, min, mean daily T; avg sum of TP, SF

Temperature (T) (degrees F) Max Min Mean daily

During the 24 hours prior to 8 a.m.

31 4 17.5 0.00 0.0 41 10 25.5 0.00 0.0 44 17 30.5 0.00 0.0 48 16 32.0 T T 24 16 20.0 0.00 0.0 37 24 30.5 T T 35 27 31.0 0.00 0.0 37.1 16.3 26.7 T T 36.7

16.3

26.5

WATER RATES

0.13

Peak wind gust at Georgetown Lake Velocity Time (mph) (24 hr) During the previous calendar day 24 1350 20 2020 51 1930 85 1320 73 1110 89 0640 64 0500

1.8

ON AVERAGE The average Idaho Springs household* will see its bimonthly water bill usage fee increase by $5.22.

FROM PAGE 1

to pay around $66 more a year under the new rates.

If approved, the rates would be effective April 1, 2021, and the increase would be reflected on the bimonthly invoice issued on June 1.

The city’s estimates show that to keep up with water infrastructure costs, additional rate increases may be advised in future years as well.

City Administrator Andy Marsh said that any rate increases in future years would have to be discussed and debated in future year’s city council budget discussions.

Meeting updates

Precipitation (P) (inches) Total Snowfall (TP) (SF)

The same household would see its wastewater usage fee increase by $5.04.

A standard residence in the city would see its flat service fee increase by $6.07 per billing cycle. * Assuming a three-person household, using the national average water consumption, living inside the city limits.

February,” according to Marsh.

Water study approved

Also at the regular council meeting, there was some good news.

November sales tax revenues totaled $10,000 higher than the 2019 receipts.

“To hear that is unbelievable, but we should be very thankful,” Hillman said.

There was also an update on the city’s search for a new police chief, with city staff reporting that the list of applicants has been narrowed to nine semifinalists. That list is to be further winnowed down to “four or five finalists to interview with the Mayor and City Council in early

Idaho Springs hasn’t had a comprehensive water resource study done since 1992. To get more up to date, city staff requested $25,000 to hire HRS Water Consultants Inc. to conduct an updated study.

The vote to approve the money for the study passed 7-0.

The study’s scope will include looking at the hydrology of Clear Creek, as well as looking at the effects on regional drought.

“The timing seems to be good on this, seeing as how we seem to be drying out around here,” Councilman Bob Bowland said.

You Can Expect More This Tax Season

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Clear Creek County Public Health Offer C Clear Creek County COVID-19 Testing Clear Creek County COVID-19 Testing

January 2021 Schedule December January 2021 Schedule 2020 Sche YOU SHOULD GET TESTED IF:

YOU SHO

• You have been in close contact with someone who has tested posith • You

MOBILE VAN of the •vulnerab Mountain Mobile Van • You are or MOUNTAIN will be in close contact with a member(s) You a IDAHO SPRINGS IDAHO SPRINGS • You are experiencing one or more COVID symptoms, which • typical You a EMS Station Parking Lot – 411 Chicago Creek Road EMS Station Parking Lot – 411 Chicago Creek Road TUESDAYS from 10:00am – 2:00pm may include: fever or chills, cough, shortness of breath or difficulty may bi from 10:00am – 2:00pm Register at: TUESDAYS https://www.curativetest.com/sites/14759#9/39.7586/-105.5637

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EVERGREEN sites/14759#9/39.7586/-105.5637 Buchanan Rec Center – 2003 Ellingwood Trail SUNDAYS from 9:00am – 2:00pm Register at: https://www.curativetest.com/sites/14764#9/39.6865/-105.3634 EVERGREEN

TEST SITES & DATES

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Center – 2003 NOTE:Buchanan The drive-thru Rec test site at the Dumont EMSEllingwood Station has been Trail discontinued.

SUNDAYS from 9:00am – 2:00pm • NEW IDAHO SPRINGS TEST SITE • NEW Quick and easy oral swab testing at no cost to you.

EMS Station Parking Lot – 411 Chicago Creek Road Register at: https://www.curativetest.com/ EMS S No insurance, prescription or referral required. sites/14764#9/39.6865/-105.3634 WEDNESDAYSReceive DECyour 2, results 9, 16,by 23, from 10:00am2 to–42:00pm text or30 email in approximately days.

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Curative Mountain Mobile Van Curat YOU SHOULD GET TESTED IF: Quick and easy oral swab testing at no cost to you.

You havestrongly been in close contact with someone who at– has tested positive for COVID-19.

Pre-registration encouraged Pre-re You are or will be in close contact with a member(s) of the vulnerable population.

You experiencing one or more COVID symptoms, which appear 2required. to 14 days after exposure. https://www.curativetest.com/sites/14759#9/39.7586/-105.5637 Noareinsurance, prescription ortypically referral https: COVID-19 symptoms may include:

fever or chills | cough | shortness of breath or difficulty breathing | fatigue | sore throat | headache Receive muscle your results by text or email in approximately 2 to 4 days. or body aches | new loss of taste or smell | congestion or runny nose | nausea or vomiting | diarrhea

• DUMONT TEST SITE

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YOU SHOULD TESTED EMS Station Parking Lot - 3400GET Stanley Road IF: EMS S STAYin HEALTHY. INFORMED. STAY OPEN. MONDAYS DEC been 7, 14, 21, 28 STAY starting at 10:00am MON You have close contact with someone who www.clearcreekcounty.us/covid19 | Facebook: ClearCreekCountyCOgov has tested positive for COVID-19.

Drive-through test site by appointment only Drive Join our next monthly VIRTUAL TOWN HALL on January 14th, 6pm-7pm, via Zoom or Facebook You are or will be in close contact with a member(s) Call the COVID-19 HEALTH LINE at 303-670-7528 Call th of the vulnerable population.

This is a message line only, leave your name and phone number This is You are experiencing one or more COVID symptoms, to receive a call-back to conduct the brief, required screeningto rec which typically appear 2-14 days after exposure and schedule your appointment. and s COVID-19 SYMPTOMS MAY INCLUDE:

COST TYPE OF TEST & RESULTS COST AN feverAND or chills | cough | shortness of breath or difficulty breathing

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Recei nausea vomiting diarrhea

STAY HEALTHY. STAY INFORMED. STAY

www.clearcreekcounty.us/covid19 | Clear Creek FOR COVID-19 VACCINATION REGISTRATION INFORMATION, please visit www.clearcreekcounty.us/covid19

CLEAR CREEK HEALTH LINE: 303-670-7528

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4 Clear Creek Courant

January 20, 2021

Police blotter Crime Calls from Jan. 4-10 Monday, Jan. 4 — Empire police responded to a disturbance along Junction Loop Road. A resident was reportedly playing loud music all night, and their neighbor knocked on their door but no one answered. The resident turned down the music after law enforcement contact.

Tuesday, Jan. 5 — Georgetown police responded to a call about people refusing to wear masks at a business near the 2200 block of Argentine Street. They were issued a warning and left the property.

Wednesday, Jan. 6 — Empire police responded to a theft in the 100 block of West Park Avenue where approximately $1,000 of personal and business items were stolen

from vehicles parked outside overnight. One vehicle was apparently entered in an unsuccessful attempt to steal it, which left damage. The police responded to an identical call later in the day in the 14400 block of U.S. Highway 40, although in that case, the residents’ vehicles had been damaged during the theft.

Two suspects were seen on security camera footage. An investigation is underway.

Wednesday, Jan. 6 — Idaho Springs police were dispatched to a report of a pedestrian walking along Interstate 70 near mile marker 243. Officers contacted the man, whom they found had outstanding arrest warrants in multiple states.

Those jurisdictions declined extradition citing COVID-19, so the man was released.

Thursday, Jan. 7 — Idaho

Springs police was dispatched to a motel for a person who failed to pay for lodging and refused to leave.

The person was ordered from the property.

Friday, Jan. 8 — Georgetown police responded to a motor vehicle theft in the 400 block of Ninth Street. The vehicle’s doors had been unlocked and the keys were inside, which is consistent with other recent thefts. Georgetown police urges all residents to lock their vehicles and not leave keys or other valuables in them overnight.

Saturday, Jan. 9 — An Empire police officer contacted a man appearing to be under the influence of drugs in the Visitors Center bathroom. He claimed his girlfriend stranded him. There were no drugs on his person, although the officer reportedly found discarded

narcotics in the vicinity later. Additionally, the girlfriend contacted Empire police about a domestic violence incident the previous night. The two had pulled up to a business along East Park Avenue shortly before midnight, and the man was accused of beating her in the vehicle. As he got out to remove her, she drove away. After he stayed at the visitors center overnight, he tried to open the door at a nearby business, removing the screen from a window and forcing it open. As of Jan. 14, a warrant had been issued and the suspect’s probation officer was contacted.

Sunday, Jan. 10 — Georgetown police responded to a call about an off-highway vehicle operating on the lake trail. The rider was issued a warning.

Corinne Westeman

Clear Creek County’s COVID-19 update

BY GLENN WALLACE GWALLACE@COLORADOCOMMUNITYMEDIA.COM

At the Jan. 14 Clear Creek County COVID-19 update, county officials helped answer several questions from the community, with the assistance of the county’s public health director Tim Ryan.

Will the county start vaccinating 65+ now?

Ryan says the answer is no.

“We do not have the supply to get 70+ vaccinated currently,” he said, though

he added that, state and national instructions about many aspects of the pandemic response can change rapidly.

Should I fill out the county’s online vaccination sign-up form?

The state is working on implementing a statewide sign-up system, but until that is implemented, yes fill out the county form. The county is currently vaccinating all group 1A workers and 70+ residents. Signing up will also ensure a vaccine receiver is automatically signed up for their

second vaccine shot, 21 days later.

Can I just show up to a vaccine clinic?

“If you haven’t signed up, do not show up at a vaccine site. You will not get one. We don’t have extra,” Ryan said.

That even includes someone who would currently be qualified for the vaccine.

What about those who don’t have internet access or are less tech-savvy?

Call the county COVID-19 helpline at 303-670-7528 for assistance.

How many vaccines has the county given out?

The total number given out, as of the Jan. 14 update was 411. All doses given so far have been just the first shot.

Ryan said his department would ensure that the required number of secondary doses for those recipients would be procured.

Can a teacher or EMT who lives in the county but works elsewhere get a vaccine here?

No. Ryan said the current disbursement plan is based on the age of a resident, or the geographic location of employment.

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January 20, 2021

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6 Clear Creek Courant

OPINION

January 20, 2021

Borrowing some inaugural inspiration

BY MICHAEL ALCORN COLUMNIST

In compliance with a custom as old as the government itself, I appear before you to address you briefly and to take in your presence the oath prescribed by the Constitution of the United States to be taken by the President before he enters on the execution of this office.

Standing in this same place, 45 other men have addressed you; in many cases, the concerns of the day were external crises — matters of economic desperation or matters of war and peace.

Our crisis today is the reverse.

We have found ourselves rich in goods, but ragged in spirit; reaching with magnificent precision for the stars, but falling into raucous discord on earth.

We are torn by division, wanting unity. We see around us empty lives, wanting fulfillment. We see tasks that need doing, waiting for hands to do them.

And, in a perverse joke of fate, nature has piled upon us a virus, which has stolen from us hundreds of thousands of our fellow citizens, and heaped economic desper-

LETTER TO THE EDITOR

Re: December I-70 lane closures

A learning experience? Mid-December closures?

Those CDOT engineers are masters of euphemism. If you divide December into three equal sections – early, middle, and late – you get Dec. 11 through Dec. 21 as mid-month.

The closures were Dec. 22 and 23, after the kids were out of school and everyone was heading up to the mountains for Christmas vacation.

It doesn’t take a lot of wisdom to figure out that’s a rotten time to close I-70. I’d like to see the alleged traffic counts they looked at to support their mind-numbing decision.

Cynthia Skeen, Georgetown

ation onto our spiritual disease.

To a crisis of the spirit, we need an answer of the spirit.

To find that answer, we need only look within ourselves.

When we listen to “the better angels of our nature,” we find that they celebrate the simple things, the basic things — such as goodness, decency, love, kindness.

The simple things are the ones most needed today if we are to surmount what divides us, and cement what unites us.

To lower our voices would be a simple thing.

In these difficult years, America has suffered from a fever of words; from inflated rhetoric that promises more than it can deliver; from angry rhetoric that fans discontents into hatreds; from bombastic rhetoric that postures instead of persuading.

We cannot learn from one another until we stop shouting at one another--until we speak quietly enough so that our words can be heard as well as our voices.

And yet, out of this time of great discord, we have cause for celebration. Our scientists, working with indefatigable zeal, have produced

LETTERS POLICY Letters should be 250 words or less and must focus on issues rather than personalities. Letters also must include the name, address of residence and phone number of the author. The Courant prints the name and city of residence of all letter writers. Letter writers are limited to not having letters appear in consecutive editions. Send to gwallace@coloradocommunitymedia.com or to 27972 Meadow Drive, Suite 320, Evergreen, CO 80439.

Note: The Clear Creek Courant strives to be all local all the time. This includes our Opinion pages. Letters to the editor from locals and on local topics will be given priority. We will publish letters to the editor as space allows.

Publisher: Kristin Witt

kwitt@coloradocommunitymedia.com 303-350-1049

CLEAR CREEK COUNTY’S LOCAL NEWS SINCE  VOL. 49, NO. 29

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a vaccine that promises to not only heal this virus, but holds the hope of providing the blueprint to effectively battle future viruses.

But there is no vaccine for our spiritual virus. We must seek to inoculate against that virus by finding balance within.

In the process of reclaiming our spiritual balance, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom and justice by drinking from the cup of bitterness and hatred.

We must forever conduct our struggle on the high plane of dignity and discipline. We must never allow our discontents to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force.

I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.

The peace we seek to win is not victory over any other people, but

Girl Scouts cookie time STAFF REPORT

Each year, Girl Scout troops place an initial order for cookie boxes to have on hand to start their annual selling frenzy. However, trying to sell cookies amid the pandemic has left troops still unsure of what grocery stores they will be able to set up their anticipated tables at — or whether they will even be able to at all.

The state girl scout organization wants to wait until as close to the start of sales on Jan. 31 as possible to make the determination to whether to give the OK for table sales.

What is already known is that local News editor/reporter: Deb Hurley Brobst dbrobst@coloradocommunitymedia.com 303-350-1041 Clear Creek reporter: Corinne Westeman cwesteman@coloradocommunitymedia.com 303-567-4491

Creative Department

Production manager: Tom Fildey tfildey@coloradocommunitymedia.com 303-350-1030

Circulation

Circulation manager: Lindsay Nicoletti circulation@coloradocommunitymedia.com 303-556-4120

the peace that comes “with healing in its wings”; with compassion for those who have suffered; with understanding for those who have opposed us; with the opportunity for all the peoples of this earth to choose their own destiny. With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us do all which may achieve and cherish a just, and a lasting peace, among ourselves, and with all nations.

Thank you.

This is an amalgam of four different, crucial, speeches given in the past at times such as these — Lincoln’s first and second inaugurals, MLK’s “I Have a Dream,” and Nixon’s first inaugural — supplemented by some filler of my own.

If there is a way towards healing, I hope Joe Biden can summon similar wordplay as these men.

Michael Alcorn is a teacher and writer who lives in Arvada with his wife and three children. His new novel, “Charon’s Blade,” is available at Amazon.com, on Kindle, or through MichaelJAlcorn.com.” His opinions are not necessarily those of Colorado Community Media. buyers will have several new options for how to purchase favorites like Samoas and Thin Mints as Girl Scouts of America has introduced several news ways to purchase and deliver cookies, including drive-thru cookie booths and contactless porch cookie drop-offs, in an effort to adapt the cookie sales to COVID-19 conditions.

Girl Scout cookies sales start Jan. 31. Here are some of the ways they will be sold: Troops will be hosting drive-thru cookie booths. You can text COOKIES to 59618 to find booths in your area.

Some troops will be placing fliers on doors with information about how to order.

Some girl scouts will be creating their own websites to sell cookies. If you do not know a girl scout, visit / www.girlscoutsofcolorado.org/ starting Feb. 1 to purchase cookies from a local troop.

Classifieds

Classified sales: Ruth Daniels rdaniels@coloradocommunitymedia.com 303-350-1036 rdaniels@coloradocommunitymedia.com

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Public Notices: Sheree Sandell legals@coloradocommunitymedia.com 303-566-4088

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Deadline for Classifieds: Monday at noon

Clear Creek Courant 7

January 20, 2021

Currents We’d like to know about events or activities of interest to the community. Email items of 75 words or less to dbrobst@coloradocommunitymedia. com. Items will appear on a space-available basis.

BROADBAND FROM PAGE 1

many homes we can cover, and how many homes could see the tower,” Androde said of their location and height.

The three towers, to be built on the residential properties of willing homeowners, all would require a county zoning change to be built.

That’s by design, according to Community Development Director Frederick Rollenhagen, who said “It offers the commissioners and a community a chance to consider the impacts of a tower location before it is installed.”

Especially in the case of Clear Creek Broadband’s first tower location, just off of Sinton Road in Echo Hills, there are some community members who are vocal in their opposition. During a Jan. 11 site visit by the county commissioners, area resident Marcus Weir loudly berated Androde, accusing him of lying about details of the project.

JAN. 20 “All People Considered” will repeat the program with County Commissioner Sean Wood on Wednesday, Jan. 20, at 5 p.m. Tune in to 102.3 or 103.9FM or stream at www.clearcreekradio.com to listen to the show.

JAN. 21 The rescheduled Clear Creek Democrats meeting will be virtual on Thursday, Jan. 21, at 6:30 p.m. Visit clearcreekdems.org to get the link. The February meeting will be Wednesday, Feb. 10, at 6:30 p.m. instead of Feb. 11 so people may attend the county town hall again.

FEB. 10 Resilience1220 is hosting a talent contest for mountain-area youth 12 to 20.

For contest rules, details and an entry form, visit Resilience1220.org. Winners will be revealed on Feb. 10 at the virtual Talent Spectacular, a fundraiser for the organization.

“I definitely felt like I needed to be heard,” Weir said afterwards. “I’ve lived here for 12 years, and our community’s been ripped apart by this.”

Weir said he felt that fiber optics would be a better, and less visually impactful way of bringing better internet to the area, “but towers are just cheaper.”

Androde had been asked about the fiber optic option by the county commission, and said that the use of fixed-site antennas was “the only viable solution for any community of this nature.” He said that the time and cost associated with gaining easement agreements to run multiple fiber optic cables throughout the hilly and rocky service area made it an unrealistic choice, and more disruptive to the environment.

Clear Creek Broadband anticipates around 400 of the homes in the coverage area would eventually sign up for service. The company would offer 50mbps download speed and 20mbps upload speed for $70 a month.

According to Rollenhagen, the county’s planning commission took a look at the three tower requests in December. The group suggested

the county approve site 3 (Yankee Creek), but tabled the other two locations to its Jan. 20 meeting.

At the Jan. 5 meeting, the commissioners asked a few questions, based largely on exploring the points of concern brought up by community members near the first and second tower sites. One line of questioning raised by Commissioner George Marlin centered on how the tower applicants’ view-shed analysis map is based on someone on ground level, and not the second story deck of a nearby neighbor. Also of concern to some neighbors is the possibility of future antenna equipment being added to the towers, making them more obtrusive.

Neighbors wondering about the size and shape of the proposed antennas can look at the roof of King Murphy Elementary, where the same model of antenna that would be atop the communication towers is currently installed, though it isn’t painted like the proposed ones would be.

The commissioners also requested more information about potential impacts to property values. Clear Creek Broadband, and the com-

munity group East Mount Evans Resources Growth and Environment (EMERGE) both say the addition of broadband would largely benefit area home values and is rapidly becoming a necessity of modern life.

While nearby neighbors argued that diminishing the mountain viewshed would clearly hurt the area’s appeal.

Among the neighbors perhaps most affected would be Donald Hoaglin, and his wife. He walked along with the Jan. 11 site visit group, walking just in front of the driveway of what he called “our dream house” to see where the first tower would go. The base of the 60foot tower will likely be visible from the small patio area he and his wife created in the front yard to enjoy nature.

“Wow, that’s close,” he said.

The county commissioners opted to table the decision on all three tower sites until after the planning commission issues its recommendations on all three sites. The county commission public hearing on all three sites is scheduled for Feb. 2 at 8 a.m.

Tell Me Something Good...

We want to hear from you.

What are you thankful for or are looking forward to in 2021?

We want your good news, your hopes and expectations for the months ahead We will publish them in the paper on January 27th on a special page

Send us your good news to kwitt@coloradocommunitymedia.com before January 20th

8 Clear Creek Courant

January 20, 2021

SPORTS Growing up before our very eyes

Clear Creek’s girls basketball team looks to take the next maturation step in 2021

BY MICHAEL HICKS MHICKS@COLORADOCOMMUNITYMEDIA.COM

If there’s one thing that Emily Buikema doesn’t have to worry about with the Clear Creek girls’ basketball team, it’s that this year’s squad has an impeccable work ethic.

It has developed a keen sense of leadership. The players know how to guide themselves. The Golddiggers didn’t have a choice. They had to develop fast.

“In terms of character, they’re the best. They’re coachable. They’ll push each other and get mad with each other, which I like. They’ll forgive each other, work hard and set goals,” Buikema said.

In other words, Clear Creek is becoming a team.

Last year served as a pseudo-JV year, said the first-year head coach, who served as CCHS’ assistant coach the previous two seasons under Shadow Murphy. They learned in a short period of time what it meant to be a varsity player. They almost had to be given the roster turnover.

Three seasons ago, the Golddiggers were playing for a 2A state championship. But not a single player from that squad was on the roster a year ago. The result was a 3-17 campaign with those 17 losses being by an average of 28.7 points per game.

“It was kind of a learning curve for everyone, learning how to work together as a team, learning how to play at the varsity level,” said junior Aiden Kocol. “With one year of playing at a higher level, this year should go a lot smoother for us.”

Only once — at Twin Peaks Charter Academy late in the season - did the Golddiggers lose by less than double digits. The learning curve was a steep one indeed.

But that was last year. Now, it’s a new season and with it a new perspective. An outlook with a glimmer of hope that the lessons learned - as

CLEAR CREEK GOLDDIGGERS Head coach: Emily Buikema Assistant coach: Stacy Stephens 2019-20 record: 3-17 Players to watch: Aiden Kocol, Jr.; Loralei Murphy, Jr.; Taryn Howard, Sr.; Kimberly Pappen, Jr. Key losses: N/A Outlook: Buikema, an assistant coach for the two seasons, replaces Shadow Murphy, who coached the team the last two years. CCHS is 10-30 the past two seasons since going 24-3 and reaching the 2A state finals to conclude the 201718 season.

2020-21 SCHEDULE DATE OPPONENT TIME Jan. 26, @ Platte Canyon, 5:30 p.m.

Jan. 30, Middle Park, 2 p.m.

Feb. 2, Denver Christian, 5:30 p.m.

Feb. 4, @ Front Range Christian, 6:30 p.m.

Feb. 6, @ Dayspring Christian, 4 p.m.

Feb. 8, Nederland, 7 p.m.

Feb. 11, Heritage Christian, 5:30 p.m.

Feb. 16, @ Gilpin County, 5:30 p.m.

Feb. 18, Union Colony, 5:30 p.m.

Feb. 20, Lyons, 7 p.m.

Feb. 23, Twin Peaks, 7 p.m.

March 1, Dawson Schoo,l 5:30 p.m.

March 3, @ Longmont Christian, 5:30 p.m.

(Game to be played at FaithPoint Church) March 5, @ Highland, 5:30 p.m. hard as they were - will serve to bring wisdom and experience to the forefront this go-around.

“I think so,” Buikema said. “For one, they’re older. I think age has a ton to do with their ability to handle close games, handle really difficult teams.”

With nine of last year’s players back, led by Kocol, the team’s leading scorer and rebounder a year ago, alongside point guard Loralie Murphy, Kimberly Pappen and Taryn Howard, the lone returning senior, Clear Creek brings back a veteran squad - unlike the past two seasons looking to take that next step.

That step begins Jan. 26 at Platte Canyon, one of only three teams the Diggers defeated a season ago. With a few tweaks to the way they’ll play, Buikema is hoping for the best in 2021.

“I’m really confident. We’ll change a few things up, but I think that will be for the best,” Buikema said. “I have high hopes for them.”

But, in the end, wins and losses

Clear Creek junior Aiden Kocol (2) is one of nine returning players back for the FILE PHOTO BY SARA HERTWIG Goldiggers this season.

aren’t as important as just getting back to enjoying the game. That excitement was sapped a year ago.

But for players, such as Pappen, that’s the main focus, more so than winning.

Buikema’s presence is a welcomed one. The fact that she’s been with the squad for the last two years, including last season, lends the team some continuity. Even more, her rapport with this team is infectious.

“Everybody will work their butt off to play as hard as possible for her. She’s improving our playing level a lot,” Kocol said.

With that has come an increased focus on teamwork and communication, something both Kocol and Pappen acknowledged is key for the cohesiveness of the Golddiggers moving forward.

School board to discuss merits of selecting valedictorian, salutatorian

BY DEB HURLEY BROBST DBROBST@COLORADOCOMMUNITYMEDIA.COM

Clear Creek officials want to discuss the pros and cons of its current practice of naming a valedictorian and salutatorian in each year’s graduating class.

While some say the competition for those honors can motivate students to work harder, others say it causes too much stress and has

made enemies of families whose students vie for the honor.

School board members said at a work session on Thursday that they wanted to get input from families, students, graduates, teachers and more, plus learn about what neighboring school districts do, to determine whether to keep the current practice. An option is to honor top students at graduation. In Clear Creek, five students would be hon-

ored if the district chose to honor the top 10% of the senior class.

In the meantime, the board was expected to vote on Jan. 19 to change its graduation policy, so it aligns with the district’s practice. The policy currently states that class rankings, including valedictorian and salutatorian, will be determined at the end of the fall semester when in reality class ranking is determined at the end of the spring semester.

Board members Mitch Houston and Sandi Schuessler had said they would recuse themselves from voting because of the appearance of a conflict of interest since they have seniors at Clear Creek High School this year.

Board members agreed that the valedictorian/salutatorian question could be controversial, with board SEE MERITS, P9

Clear Creek Courant 9

January 20, 2021

Teens raising money to find a cure for blood cancers Two EHS juniors are competing in LLS’ Students of the Year competition

BY DEB HURLEY BROBST DBROBST@COLORADOCOMMUNITYMEDIA.COM

Two Evergreen High School juniors have big dreams of raising $50,000 by Feb. 27 to help the Leukemia & Lymphoma Society end blood cancers.

Neighbors Zack Short and Amy Mahoney are hoping the community will help them raise the money.

They are looking for direct donations and are selling Allegro coffee to help reach their goal.

Even such young lives have been touched by friends and family with cancer, which has spurred a desire to raise money.

The high schoolers’ fundraising effort is part of LLS’ Students of the Year program, a leadership program that awards the title to the team that raises the most money during the

MERITS

This QR code will take people to Zack Short and Amy Mahoney’s website to donate on their behalf to the Leukemia & COURTESY IMAGE Lymphoma Society.

HOW TO HELP The following restaurants are hosting fundraisers in which a portion of the proceeds will go to the Leukemia & Lymphoma Society: • 4-8 p.m. Feb. 6 at Chipotle, 14255 W. Colfax Ave., Suite A, Lakewood.

Zack Short and Amy Mahoney, who are raising money for the Leukemia & Lymphoma COURTESY PHOTO Society, are selling specially packaged coffee.

• 3-6 p.m. Feb. 23 at Wendy’s in Evergreen

FROM PAGE 8

member Kelly Flenniken noting she heard from a few parents who said they would pull their children out of Clear Creek schools if the No. 1 and No. 2 students were not selected.

“We need to dig into possible ramifications,” Flenniken said, noting that parents are concerned that their students could potentially lose scholarships and that earning the top honors inspired them to work harder in school.

Houston added: “That doesn’t mean we wouldn’t have class rankings, so they could report their current class rank on college applications. The request is to change it, so we don’t have the pressure of picking positions one and two, (when) three and four get their feelings hurt.”

Superintendent Karen Quanbeck said she and CCHS principal Chris Gould would begin gathering information.

“It’s a board decision,” she said, “but we want to listen to families, educators, students and others who have a stake in it.”

seven-week competition, according to the LLS website.

Zack and Amy say they are one of several teams in the area trying to

raise money, and they are preparing for the competition opening on Thursday. They have enlisted the help of family and friends to get their fundraising campaign off the ground.

The experience teaches teens more about cancers, especially blood cancers, and teaches them organizational and leadership skills, according to the website.

SHELTER PET OF THE WEEK

Eastwood

nt ry y Fo od Pa C om m un it Id ah o S pr in gs 3, 10 54 5 Rou te sd ay s 10 am –1 pm Wed ne 11am –6 pm Th ur sd ay ss 11am –4 pm ay w id Fr Ne -4 4 5 0 s 3 0 3 -5 6 7 et Hou r sh es co.n fi d an es lo av

Eastwood is a friendly 1 year-old, 51-pound male Australian Shepherd mix. Come meet Eastwood and all the other adoptable dogs and cats at Charlie’s Place!

“Charlie’s Place” The Clear Creek/Gilpin Co. Animal Shelter 500 W. Dumont Rd. • Dumont, CO 80436

303-679-2477

Open 12:00 pm to 4:30 pm Wed.-Sun. by appointment only

WE NEED VOLUNTEERS to stock shelves & help shoppers Wednesday (10 to 1) Thursday (11 to 2) (2 to 6) Friday (11 to 4) Please email: martyhutt@gmail.com

WORSHIP DIRECTORY

FIRST PRESBYTERIAN CHURCH OF GEORGETOWN 812 Taos St., Georgetown • 303-569-2360 Serving the community since 1874.

Sunday worship 10:00 am. Reverend Whit Dempsey Please join us!

FIRST BAPTIST CHURCH OF IDAHO SPRINGS 100 Colorado Blvd., PO Box 840, Idaho Springs, CO 80452 Pastor Pat Barnes, email: pastorpat4god@gmail.com

WE’RE OPEN! ALL ARE WELCOME! Come, join us for live worship on Sundays at 10:00 AM! *** PLEASE WEAR A FACE COVERING *** We livestream on Facebook at 10:00 AM on Sundays.

Recorded sermons are available on Facebook and YouTube.

THE UNITED CHURCH OF IDAHO SPRINGS AND CLEAR CREEK COUNTY 1410 Colorado Blvd., Idaho Springs (303) 567-2057 Sunday Worship Service – 10:00 AM PASTOR BILL ROBERTSON Taste and See Tuesdays - 5:30-7:00pm Good food and good conversation - Building community by bringing hope and encouragement to our town and county.

Moly Room in the Clear Creek Rec Center in Idaho Springs

ZION LUTHERAN CHURCH 1921 Virginia St., Idaho Springs. Serving the Clear Creek Valleys since 1896.

Sunday at 10:30 a.m. Worship service Office hours vary.

303-567-4378. Coordinator: Pastor Bryce Fellbaum Worship led alternating weeks by Pastor Terry Schjang or Pastor David Brock www.zion-lutheran-church.com; zion.lutheran.co@gmail.com

Join Our Worship Directory!

Call Kayte at 303-350-1046

10 Clear Creek Courant

January 20, 2021

Clear Creek Courant 11

January 20, 2021

www.ColoradoCommunityMedia.com/Notices

PUBLIC NOTICES

Public Notices call Bobi 303.659.2522 Legals City and County CITY OF IDAHO SPRINGS CITY OF IDAHO SPRINGS WATER ACTIVITY ENTERPRISE Clear Creek County, Colorado Ordinance No. 01, Series 2021 AN ORDINANCE AMENDING RATES AND CHARGES FOR WATER AND SEWER SERVICE AND MAKING CONFORMING AMENDMENTS TO THE IDAHO SPRINGS MUNICIPAL CODE WHEREAS, pursuant to Chapter 12 of the Idaho Springs Municipal Code (“Code”), the City maintains its water and waste water facilities as an enterprise known as the Idaho Springs Water Activity Enterprise (the “Enterprise”); and WHEREAS, the City Council, acting as the governing body of the Enterprise, periodically reviews the rates and charges imposed for water and sewer services and evaluates the adequacy of the same to provide safe and reliable service to existing and projected future users; and

October of each year, the charge is applied to the lower of: (1) average winter water use (November through April); or (2) actual water consumption.

L-0113-TD 20-026 NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION FOR ISSUANCE OF TREASURER’S DEED

Prior to applying the charge to actual sewer system use, the City shall issue a notice of its decision to do so, which notice shall include the reliable evidence in support of the decision and the process by which the customer may request a hearing on the same. The hearing shall be conducted by either the City Administrator or a hearing officer appointed by the City Administrator. At the hearing, the burden shall be on the City to establish by a preponderance of the evidence that the premises’ actual sewer system use significantly exceeds the premises’ average winter water use.

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having an Interest or Title of Record in or to the said Premises and To Whom It May Concern, and more especially to

The volumetric charge for any premises not served by the City water system, and therefore not metered for water, shall be applied to an assumed water consumption of twenty thousand (20,000) gallons per bimonthly billing period.

Customer Class Charge per Thousand Gallons Inside City& Chicago Creek Outside City

Commercial Low Strength Inside City& Chicago Creek $7.30 $7.67 Outside City $14.60 $15.33

WHEREAS, the Council therefore wishes to amend the Code to implement such increases and changes, as further set forth herein; and

Commercial Medium Strength Inside City& Chicago Creek $12.96 $13.61 Outside City $25.92 $27.22

Residential Inside City& Chicago Creek Inside City& Chicago Creek $5.42 $5.70 Outside City $10.84 $11.39

Commercial High Strength Inside City& Chicago Creek $19.44 $20.42 Outside City None accepted

Section 1. The above and foregoing recitals are expressly adopted as findings of the City Council.

(C) The bi-monthly service charge for all services (not including fire services) is an amount set forth below, multiplied by the multiplier established for such premises pursuant to Section 12-61 of this Chapter. The bi-monthly service charge shall be imposed upon each active tap regardless of whether any wastewater is discharged from the premises to the City system during the billing period.

Section 2. Subsections (B) and (C) of Section 12-122 of the Code are hereby amended as follows:

Customer Class Bi-Monthly Base Rate Inside City Outside City Chicago Creek Sanitation District

(B) The consumption charge is based upon the amount of water taken during the billing period, as shown by the meter. The consumption charge for all services, prorated to the date of meter reading, is an amount set forth below.

Residential Inside City $50.22 $52.74 Outside City $100.44 $105.47 Chicago Creek Sanitation District $50.22 $52.74

Customer Class Charges per Thousand Gallons Inside City & Chicago Creek Outside City Limits

Commercial Low Strength Inside City $100.44 $105.47 Outside City $200.88 $210.93 Chicago Creek Sanitation District $100.44 $105.47

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Idaho Springs, acting also as the governing body of the Enterprise, as follows:

Residential Tier 1 (0 to 10,000 gallons) Inside City & Chicago Creek $4.52 $4.75 Outside City Limits $9.05 $9.51 Residential Tier 2 (10,001 to 30,000 gallons) Inside City & Chicago Creek $5.66 $5.95 Outside City Limits $11.31 11.88 Residential Tier 3 (Over 30,000 gallons) Inside City & Chicago Creek $6.79 $7.13 Outside City Limits $13.58 $14.26 Commercial (per 1,000 gallons) Inside City & Chicago Creek $7.58 $7.96 Outside City Limits $15.15 $15.91 Municipal (per 1,000 gallons) Inside City & Chicago Creek $9.27 $9.74 Outside City Limits n/a (C) The bimonthly service charge is based uponthe size and type of the meter and applies to all services connected to the City system at any time during the billing period. The bimonthly service charge for all services (not including fire services) is an amount set forth below, multiplied by the multiplier established for such premises pursuant to Section 12-61 of this Chapter. The bimonthly service charge shall be imposed upon each active tap regardless of whether any water is taken from the City system during the billing period.

Bi-Monthly Base Rate Inside City & Chicago Creek Outside City Residential Inside City & Chicago Creek $70.85 $74.40 Outside City $141.70 $148.80 Commercial Residential Inside City & Chicago Creek $109.00 $114.45 Outside City $218.00 $228.90 Section 3. Subsections (B) and (C) of Section 12182 of the Code are hereby amended as follows: (B) The volumetric use charge is based upon the water consumption for each service. During the months of November of one (1) year through April of the following year, the charge is applied to actual water consumption. For the months of May through

Last Publication: January 20, 2021 Published In: Clear Creek Courant

Notwithstanding the foregoing, if the City receives reliable evidence that the actual use of the City sewer system at a location significantly exceeds the average winter water use at that location, the use charge shall be applied to actual sewer system use, and the winter averaging method shall not be available.

WHEREAS, as a result of its annual review and evaluation and in accordance with the recommendations of the Water and Wastewater Financial Plan, Cost of Service and Rates presentation previously provided to City Council by JVA and Raftelis, the Council finds that a five percent (5%) increase in water and sewer rates is necessary in 2021 to reasonably and responsibly keep pace with the projected demands on the City’s water and sewer systems; and

WHEREAS, the Council finds and determines that the rate and charge increases enacted by this Ordinance are a fair, equitable and nondiscriminatory means of raising sufficient revenues to pay the costs of providing service to customers of the Enterprise.

legals@coloradocommunitymedia.com

Commercial High Strength Inside City $100.44 $105.47 Outside City None accepted Chicago Creek Sanitation District $100.44 $105.47 Section 4. The rates enacted by this Ordinance shall be invoiced for the service period commencing on April 1, 2021 after the effective date of this Ordinance and subsequently invoiced by the City in July of 2021.

Section 5. Should any one or more sections or provisions of this Ordinance, or Code provisions enacted hereby, be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions thereof, the intention being that the various sections and provisions are severable.

Section 6. Any and all Ordinances or Code provisions or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such Ordinance or Code or part thereof shall not revive any other section or part of any Ordinance or code provision heretofore repealed or superseded.

INTRODUCED, READ AND ORDERED PUBLISHED at a regular meeting of the City Council of the City of Idaho Springs, Colorado, held on the 11th day of January, 2021.

Michael Hillman, Mayor ATTESTED AND CERTIFIED: Diane Breece, City Clerk PASSED, ADOPTED AND APPROVED, after publication, at a Regular Meeting of the City Council of the City of Idaho Springs, Colorado, held on the 8th day of February, 2021.

J L MONTGOMERY INC And Whereas, You and each of you are hereby notified that on the 05 day of November, A.D. 2010, the then County Treasurer of Clear Creek County, in the State of Colorado, at the sale so publicly held on the 05 day of November, A.D. 2010 by the Treasurer, no bids were offered or made by any person for the tax lien on said property, and no person having offered to pay the said taxes, penalty interest and costs upon the said property for the year 2009, and the Treasurer having become satisfied that no sale of the tax lien on said property could be had, therefore, the said tax lien on said property was, by the then Treasurer of Clear Creek County, stricken off to the County, and a certificate of sale was duly issued therefor to THE CLEAR CREEK COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) in accordance with the statute in such case made and provided; TAX LIEN SALE CERTIFICATE OF PURCHASE #20090050 Property Schedule R011306 Parcel 196106100677 MINE: PORTLAND - 15841 3.704 ACRES TC 6-4-73 SRO 644/147 COUNTY OF CLEAR CREEK, STATE OF COLORADO AND, Whereas, CLEAR CREEK COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC), acting by and through its Treasurer, did, on the 29 day of December, A.D. 2020 duly assign the certificate of sale of the tax lien on the said property, so issued as aforesaid to CLEAR CREEK COUNTY BOCC, and all its rights, title, and interest in the said property held by virtue of said sale to David Van der Vieren, whose address is 2119 S Yukon St., Lakewood CO 80227 for the sum of Six thousand nine hundred ninety five dollars and ninety cents; And Whereas, That said tax lien sale was made to satisfy the delinquent taxes assessed against said real estate for the year 2009; And Whereas, That said real estate was taxed in the name of J L MONTGOMERY INC for said year of 2009; And Whereas, That said David Van der Vieren on the 29 day of December, A.D. 2020, the present holder of said certificate, who has made request upon the Treasurer of Clear Creek County for a deed to said real estate; And Whereas, That a Treasurer’s Deed will be issued to the said David Van der Vieren at 11:00 o’clock A.M., on the 18 day of May, A.D. 2021, unless the same has been redeemed.

And Whereas, Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 30 day of December, A.D., 2020. /s/ Carol Lee [Seal] Carol Lee, Treasurer Clear Creek County Published 3 x in the Clear Creek Courant, January 13, 20 & 27, 2021 L-0113-TD 20-026 TOWN OF GEORGETOWN BOARD OF SELECTMEN NOTICE OF PUBLIC HEARING ON ADOPTION

BY REFERENCE OF THE 2020 MODEL TRAFFIC CODE FOR COLORADO NOTICE is hereby given that the Georgetown Board of Selectmen held a scheduled public hearing on an ordinance adopting by reference the 2020 Model Traffic Code for Colorado.

Copies of the 2020 Model Traffic Code for Colorado are on file and available for public inspection during regular business hours at the office of the Town Clerk, Town Hall, 404 6th Street, Georgetown, Colorado, 80444, and on the Town website: www.townofgeorgetown.us. If adopted by reference by ordinance, the 2020 Model Traffic Code of Colorado will not be published in full, but in accordance with state law, copies of the 2020 Model Traffic Code for Colorado will remain on file in the Town Clerk’s Office.

The public hearing took place on January 12, 2021 at 6:00 in a public noticed virtual meeting.

The Board of Selectmen will attend the meeting electronically, as permitted by the Open Meetings Law, CRS 24-6-402(1)(b) Dated this 13th day of January, 2021

Michael Hillman, Mayor

Jennifer Yobski, Town Clerk

ATTESTED AND CERTIFIED: Diane Breece, City Clerk

Legal Ad No.: CCC000011 First publication: December 16, 2020 Second publication: January 20, 2020

Legal Ad No.: CCC000012 First Publication: January 20, 2021

Water Court DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

20CW3197 CITY OF IDAHO SPRINGS, c/o The Honorable Michael Hillman, Mayor, Post Office Box 907. Idaho Springs, CO 80452 303-567-4421, c/o David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200 Denver, CO 80202, 303825-1980. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND APPROPRIATIVE RIGHT OF EXCHANGE IN CLEAR CREEK COUNTY, COLORADO 2. Overview: This application requests approval of a plan for augmentation and confirmation of an appropriative right of exchange to facilitate the City’s continued operation of the Charlie Tayler Water Wheel and waterfall, adjacent to I-70. The water wheel and waterfall are iconic symbols representing Idaho Springs’ mining origins, and have been operated since 1946, when the water wheel was donated to the City and moved to its present location. The water wheel and waterfall operate using the City’s Blue Ditch and Pipeline water right from Little Bear Creek, tributary to Soda Creek, which is tributary to Clear Creek. The plan allows the City to continue its diversions when the Blue Ditch and Pipeline water right is out of priority. CLAIM FOR PLAN FOR AUGMENTATION. 3. Structure to be augmented: Blue Ditch and Pipeline. A. Decree: Adjudication decree entered October 9, 1914, Case No. 41340, District Court, City and County of Denver. B. Legal description: Headgate located at a point whence the SW corner of Section 1, Township 4 South, Range 73 West, 6th P.M. bears S.1350’W 1310 feet, as depicted on Exhibit A, attached to the application and available for inspection at the office of the Division 1 Water Clerk or via Colorado Courts E-filing. C. Appropriation date: September 20, 1880. D. Amount: 0.70 cubic feet per second (“cfs”). E. Source: Little Bear Creek (a/k/a Blue or East Fork of Soda Creek), tributary to Soda Creek, tributary to Clear Creek.

F. Use: Domestic, fire protection, and sprinkling of streets and lawns. 4. Water rights to be used for augmentation: Idaho Springs Storage Reservoir (“Reservoir”), including enlargement and exchange right. A. Prior decrees: The original decree for the reservoir was entered by the District Court, Water Division No. 1, State of Colorado, on February 18, 1972, in Case No. W-326. An enlargement right was adjudicated by the decree entered on June 14, 1989, in Case No. 84CW508. Water may also be stored pursuant to an exchange right adjudicated by the decree entered on August 28, 1992, in Case No. 84CW671.B. Location: Beginning at the easterly point of contact of the dam axis with the existing ground, said point being situated whence the northwest corner of Section 6, Township 5 South, Range 73 West, 6th P.M., Clear Creek County, bears South 3 10’ East a distance of 2,350 feet. The First Enlargement will be an on-channel reservoir located on Chicago Creek, in the W1/2, Section 6, Township 5 South, Range 73 West, 6th P.M., and the E1/2, Section 1, Township 5 South, Range 74 West, 6th P.M. C. Source: Chicago Creek and Chicago Creek drainage basin, tributary to Clear Creek, tributary to the South Platte River. D. Appropriation date: Original, August 13, 1906; Enlargement, May 17, 1982; Exchange, 1984. E. Amount: Original, 150 acrefeet, absolute; Enlargement, 1850 acre-feet, of which 96.61 acre feet is absolute, and 1753.39 acre feet is conditional; Exchange, up to 2000 acre-feet, conditional. F. Use: Original, municipal, domestic and fire protection; Enlargement, as more-fully described in the 84CW508 decree, including municipal, replacement, augmentation and exchange; Exchange, as more-fully described in the 84CW671 decree. 5. Complete statement of plan for augmentation: To operate the water wheel and waterfall, the City proposes to divert the Blue Ditch and Pipeline throughout the year when the right is in priority, as well as at times when it is out-of-priority. The Blue Ditch water is conveyed through an eight-inch pipeline for approximately one mile before the flow splits and a portion is piped to the water wheel and a portion is delivered over a rock face to create the waterfall. After the water flows through the water wheel and waterfall, it returns immediately to Clear Creek at the base of the waterfall/water wheel area. During periods when the Blue Ditch and Pipeline water right is out-of-priority, the City will replace all net out-ofpriority depletions with releases from its Reservoir on Chicago Creek. A transit loss will be assessed for the reach between the Reservoir release point and the replacement point. Out of priority depletions due to evaporation and evapotranspiration (“ET”) losses resulting from the operation of the water wheel and waterfall will vary year to year, with an estimated maximum depletion of 22.83 acre-feet per year (assumes diverting at full decreed rate of 0.70 cfs with no in priority diversions).

Actual depletions will be based on data and decreed factors included in accounting forms prepared by the City for the administration of this plan.

Idaho Springs will install measuring devices and will devise accounting forms to record all diversions, depletions and replacements made pursuant to this plan for augmentation as required by the decree entered pursuant to this application and by the Division Engineer. This plan for augmentation will allow the operation of the augmented structure under the terms and conditions described herein in a manner that will prevent injury to vested water rights and decreed conditional water rights. The water to be provided for augmentation is of a quality and quantity so as to

meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of § 37-92305(5), C.R.S. CLAIM FOR APPROPRIATIVE RIGHT OF EXCHANGE. 6. Description of exchange: Idaho Springs seeks adjudication of the following appropriative right of exchange (the “Water Wheel Exchange”): A. Upstream terminus: The upstream terminus of the Water Wheel Exchange is the headgate of the Blue Ditch and Pipeline, as described in Paragraph 3.B., above.

B. Downstream terminus: The downstream terminus of the Water Wheel Exchange is at the confluence of Soda Creek and Clear Creek, in the SW ¼ of Section 36, Township 3 S, Range 73 W, 6th P.M., Clear Creek County, Colorado at a point with UTM coordinates N 4397618 meters, E 455670 meters, Datum NAD83, Zone 13N. The exchange reach is depicted on Exhibit A. C. Rate: 0.70 c.f.s., conditional. D. Source of replacement water: The Reservoir, as more fully described in Paragraph 4, above. E. Date of appropriation: October 20, 2017, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, notice of a request for approval of a substitute water supply plan to operate the Water Wheel utilizing water released from the Reservoir. F. Use: The water diverted by exchange shall assume the decreed uses of the replacement source. 7.

Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The Idaho Springs Storage Reservoir is located on property owned by Applicant. The enlarged reservoir is located on property owned

by Applicant and the following: A. United States Forest Service, P.O. Box 3307, Idaho Springs, CO 80452. B. Daly Family Partners, LLC, 10914 Remmick Ridge Road, Parker, CO 80134-5026. C. Joseph C. & Diane K. Gumm, 3742 S. Fenton Way, Denver, CO 80235. D. Lawrence W. Stuart, 4445 County Road 7, Erie, CO 80516. E. Joseph S. Morrell Trust, 2210 Stuart St., Denver, CO 80212.

F. Sandra Maes Living Trust, 5070 West 33rd Ave., Denver, CO 80212. WHEREFORE, Idaho Springs respectfully requests that the Court enter a decree approving the plan for augmentation requested herein, and confirming and approving the conditional right of appropriate exchange described herein, together with such other relief to Applicant as the Court deems just and proper.

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (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 Ad No.: CCC000009 First Publication: January 20, 2021 Last Publication: January 20, 2021 Published: Clear Creek Courant DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

20CW3196 (12CW69, 84CW508) CITY OF IDAHO SPRINGS, c/o The Honorable Michael Hillman, Mayor Post Office, Box 907, Idaho Springs, CO 80452, 303-567-4421 c/o David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, 303-825-1980. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN CLEAR CREEK COUNTY. 2. Name of structure: Idaho Springs Storage Reservoir, First Enlargement (hereinafter “First Enlargement”). 3. Description of conditional water right: A. Prior decrees: A judgment and decree was entered by the District Court, Water Division No. 1, State of Colorado, on June 14, 1989, in Case No. 84CW508. Findings of reasonable diligence were subsequently made in Case No. 95CW132 on December 16, 1996; Case No. 02CW303 on March 1, 2006; and Case No. 12CW69 on December 12, 2014. B. Location: Beginning at the easterly point of contact of the dam axis with the existing ground, said point being situated whence the northwest corner of Section 6, Township 5 South, Range 73 West, 6th P.M., Clear Creek County, bears South 3 10’ East a distance of 2,350 feet. The First Enlargement will be an on-channel reservoir located on Chicago Creek, in the W1/2, Section 6, Township 5 South, Range 73 West, 6th P.M., and the E1/2, Section 1, Township 5 South, Range 74 West, 6th P.M. A figure depicting the location of the subject structure is attached to the application as Exhibit A and is available for inspection at the office of the Division 1 Water Clerk or via Colorado Courts E-filing.

Clear Creek Courant * 1

12 Clear Creek Courant

C. Source: Chicago Creek and Chicago Creek drainage basin, tributary to Clear Creek, tributary to the South Platte River. D. Appropriation date: May 17, 1982. E. Amount: 1,850 acre feet, with the right of successive refills in priority until this amount is diverted and stored annually. Of the foregoing total, 96.61 acre feet is absolute, and 1753.39 acre feet is conditional. This water right is an enlargement of and in addition to the water right for the Idaho Springs Storage Reservoir, decreed by the District Court in and for Water Division No. 1 on February 18, 1972 in Case No. W-326 in the amount of 150 acre feet. F. Use: Municipal use, which includes all municipal uses, such as but not by way of limitation, domestic, commercial, manufacturing, industrial, agricultural, watering of parks and lawns and gardens, fire protection, generation of electric power and power generally, recreation, fish and wildlife propagation, sewage treatment, street sprinkling, maintenance of adequate storage reserves, lease, replacement, augmentation and exchange. 4. Detailed outline of work done to complete project and apply water to beneficial use: The conditional water right decreed in Case No. 84CW508 for the First Enlargement is critical to the City’s water supply system. Idaho Springs is developing its integrated water system in accordance with a long-term program for the phased construction of additional storage and the use of water rights as needed to meet the expanding residential, commercial, industrial, and other water demands of Idaho Springs. During the subject Diligence Period (December 2014 to the present), Idaho Springs has spent considerable time and money in the development of its integrated water system, and large expenditures of money will be required in the future to continue this development.

The City’s efforts to develop its water system and the conditional water right that is the subject of this Application during the Diligence Period support a finding of reasonable diligence for the First Enlargement. The application contains a list of activities taken to develop the conditional water right and is available for inspection at the office of the Division 1 Water Clerk or via Colorado Courts E-filing. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The Idaho Springs Storage Reservoir is located on property owned by Applicant. The enlarged reservoir is located on property owned

by Applicant and the following: A. United States Forest Service, P.O. Box 3307, Idaho Springs, CO 80452. B. Daly Family Partners, LLC, 10914 Remmick Ridge Road, Parker, CO 80134-5026.

C. Joseph C. & Diane K. Gumm, 3742 S. Fenton Way, Denver, CO 80235. D. Lawrence W. Stuart, 4445 County Road 7, Erie, CO 80516. E. Joseph S. Morrell Trust, 2210 Stuart St., Denver, CO 80212. F. Sandra Maes Living Trust, 5070 West 33rd Ave., Denver, CO 80212. WHEREFORE, Idaho Springs respectfully requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the remaining conditional amount of the First Enlargement water right described above.

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (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 Ad No.: CCC000008 First Publication Date: January 20, 2021 Last Publication: January 20, 2021 Published In: Clear Creek Courant DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

20CW3199, CITY OF BRIGHTON, 500 South 4th Avenue, Brighton, Colorado 80601, Attn: Jane Bais DiSessa, City Manager, (303) 655-2043.

Please send all correspondence and future pleadings to Brent A. Bartlett, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. APPLICATION FOR CHANGE OF WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE AND CONDITIONAL APPROPRIATION OF RETURN FLOWS IN ADAMS, CLEAR CREEK, JEFFERSON AND WELD COUNTIES 2. Introduction.

The City of Brighton (“Brighton” or “Applicant”) operates a municipal water and sewer system that obtains a portion of its raw water supply from tributary ground water in the South Platte and Beebe Draw basins, treats the water, and supplies the water to its customers. Out-ofpriority depletions resulting from the pumping of Brighton’s South Platte wells and Beebe Draw wells are augmented through Brighton’s decreed South Platte and Beebe Draw well augmentation plans (Case Nos. 2000CW202 and 2003CW320).

Brighton supplements the augmentation water utilized in these plans, as well as their exchanges, with additional sources of water described in Case Nos. 2004CW174, 2009CW144, 2015CW3012 and 2018CW3195. Collectively these decree(s) operate in an integrated fashion to augment depletions from all of Brighton’s tributary wells.

The purposes of this Application are to change the water rights represented by Brighton’s ownership in the Fulton Irrigating Ditch Company (“Fulton”), Burlington Ditch, Reservoir and Land Company (“Burlington”), and the Wellington Reservoir Company (“Wellington”), decree appropriative rights of exchange, and to appropriate the return flows associated with Brighton’s interest in the Fulton,

January 20, 2021

Burlington and Wellington water rights. 3. Description of water rights for which change is sought. 3.1 Fulton Irrigating Ditch Company. The water rights to be changed have been delivered by the Fulton Ditch and are represented by 149.45 shares of stock in the Fulton. 3.2 Fulton Ditch Decree. Date Entered: April 28, 1883, Case No.: 6009, Court: Arapahoe County District Court. 3.3 Decreed Point of Diversion. The original decreed point of diversion is located on the east side of the South Platte River near Section 9, between Sections 16 and 17, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The actual headgate location is in the NE 1/4 NE 1/4 SE 1/4 of Section 17, Township 2 South, Range 67 West of the 6th P.M. Adams County, Colorado, according to the decree in Case No. 13CW3025, District Court in and for Water Division No. 1 entered on November 10, 2016. 3.4 Source. The South Platte River. 3.5 Appropriation Dates and Amounts.

Name Source Amount (cfs) Appr opriation Date Adjudication Date Fulton Ditch South Platte 79.70 May 1, 1865 April 28, 1883 Fulton Ditch South Platte 74.25 July 8, 1876 April 28, 1883 Fulton Ditch South Platte 50.23 November 5, 1879 April 28, 1883 Fulton Ditch South Platte 244.621 November 1, 1882 April 28, 1883 Footnote 1: The 244.62 cfs from Priority Number 56 was abandoned in Case Number A-16069 of the Denver District Court in 1938. The remaining 204.18 cfs represents the current total diversion rate decreed to the Fulton Irrigation Ditch Company. The change in water rights in this Application concerns only Priority Numbers 8, 43, and 51, as Priority Number 56 has been abandoned. 3.6 Burlington Ditch, Reservoir and Land Company.

The water rights to be change have been delivered by the Burlington Ditch and are represented by 101.52 shares of stock in the Burlington. 3.7.

Burlington Ditch Decree. Dates Entered: April 28, 1883; July 8, 1893; May 18, 1918. Case Nos. and Court: Case No. 6009 and Case No. 11200, Arapahoe County District Court; Case No. 1777, Park County District Court. 3.8. Decreed Points of Diversion. The Burlington Company direct flow water rights are decreed for diversions from multiple streams. The Duggan Ditch headgate was initially decreed as being located on the bank of the South Platte River in Section 36, Township 2 South, Range 68 West, 6th P.M. By later decrees the point of diversion of the Duggan Ditch was transferred to the headgate of the Burlington Ditch.

The Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. The Burlington Ditch Second Creek diversion, located in the northwest quarter of the southwest quarter of Section 6, Township 2 South, Range 66 West of the 6th P.M. in Adams County. The Burlington Ditch Third Creek diversion, located in the northeast quarter of the southeast quarter of Section 32, Township 1 South, Range 66 West of the 6th P.M. in Adams County. Duck Lake, located at Geneva Creek with the right abutment in Section 36, Township 5 South, Range 75 West of the 6th P.M. in Clear Creek County. The Burlington Ditch also diverts from a decreed alternate point of diversion known as the Metro Pump Station that discharges to the Burlington Ditch in Section 12, Township 3 South, Range 68 West of the 6th P.M. in Adams County. The Duggan Ditch water right was initially decreed for diversion at the Duggan Ditch headgate, located on the east bank of the South Platte River in Section 36, Township 2 South, Range 68 West of the 6th P.M. The point of diversion for the Duggan Ditch was later transferred to the headgate of the Burlington Ditch.

Water stored in Duck Lake is released and rediverted at the Burlington Company’s South Platte River Headgate. 3.9. Source. The South Platte River. 3.10 Appropriation Dates and Amounts.

Name Source Appropriation Date Adjudication Date Amount Duggan Ditch South Platte River 4/1/1864 4/28/1883 16.28 cfs 2 Burlington Ditch S o u t h P l a t t e R i v e r 11/20/1885 7/8/1893 200 cfs 3 Burlington Ditch F i r s t C r e e k 9/1/1886 7/8/1893 50 cfs Burlington Ditch Second Creek 11/15/1886 7/8/1893 250 cfs Burlington Ditch T h i r d C r e e k 9/15/1887 7/8/1893 250 cfs Duck Lake G e n e v a C r e e k 9/15/1904 5/18/1918 750 acre-feet Footnote 2: The Duggan Ditch Right totals 27.4 cfs, of which 16.28 cfs is owned by the Burlington Company, 7.987 cfs is owned by the Wellington Company, and 3.133 cfs is owned by South Adams County Water and Sanitation District (SACWSD).

The 3.133 cfs owned by SACWSD is not a part of this change case.The decree in Case No. 02CW403 reduced the November 20, 1885 water right to 200.00 cfs for use above Barr Lake. The Colorado Supreme Court upheld the Division 1 Water Court’s decision in Case No. 09SA133.

3.11. The Wellington Reservoir Company. The water rights to be change have been delivered by the Wellington Company and Burlington Ditch and are represented by 98.35 shares of stock in the Wellington Reservoir Company. 3.12 The Wellington Reservoir Decree. Dates Entered: April 28, 1883 as to the Duggan Ditch Decree; June 21, 1922 as to all other decrees. Case Nos. and Court: Case No. 6009, Arapahoe County District Court; Case No. 839, Park County District Court, W-186, District Court, Weld County, Water Division No. 1. 3.13. Source. The South Platte River. 3.14.

Appropriation Dates and Amounts.

Name Source Appropriation Date Adjudication Date Amount Duggan Ditch South Platte River 4/1/1864 4/28/1883 7.987 cfs Wellington Reservoir Buffalo Creek 5/31/1892 6/21/1922 2,747.72 acre-feet Wellington Reservoir Enlargement Buffalo Creek 6/5/1920 6/21/1922 1652.00 acre-feet Mendenhall Feeder Ditch Mendenhall Creek

9/3/1892 6/21/1922 25.00 cfs Hicks Creek Feeder Ditch H i c k s C r e e k 12/31/1921 6/21/1922 25.00 cfs 3.15. Decreed points of diversion. The Duggan Ditch headgate was initially decreed as being located on the bank of the South Platte River in Section 36, Township 2 South, Range 68 West, 6th P.M. By later decrees the point of diversion of the Duggan Ditch was transferred to the headgate of the Burlington Ditch. Wellington Reservoir and its First Enlargement, located on Buffalo Creek in Sections 29, 30, 31, and 32, Township 8 South, Range 71 West of the 6th P.M. in Jefferson County. Mendenhall Feeder Ditch, located in the northeast quarter of the southwest quarter of Section 30, Township 8 South, Range 71 West of the 6th P.M. in Jefferson County. Hicks Creek Feeder Ditch, located in the southeast quarter of the southeast quarter of Section 32, Township 8 South, Range 71 West of the 6th P.M. in Jefferson County. The Wellington Company storage rights are released from Wellington Reservoir, then rediverted downstream at the Burlington Ditch River Headgate. The Mendenhall and Hicks Creek Feeder Ditches are water rights used to fill Wellington Reservoir. Wellington also operates a well field located in the Southeast quarter of Section 32, Township 1 South, Range 66 West, 6th P.M. in Adams County. The wells’ registration numbers are 11772-R, 04181-F and 04182-F. 3.16.Historical Use. The described water rights in this paragraph 3 that are to be changed pursuant to this Application are sometimes referred to herein as the “Subject Water Rights.” The Subject Water Rights have been used for the irrigation of farms within the Burlington, Wellington and Fulton systems. A map showing the location of these parcels is attached as Exhibits A-1 and A-2. A table setting forth the names of those from whom the shares were purchased, the date Brighton obtained them, the certificate number of the particular shares, and the number of shares received by Brighton is attached as Exhibits B-1 and B-2. The total number of acres historically irrigated on the Fulton system parcels is approximately 260.76 and the total number of acres historically irrigation on the Burlington and Wellington parcels is approximately 914.85. Brighton may seek to rely upon any and all diversion records pertaining to the Subject Water kept and retained by the Fulton, Burlington and Wellington companies, and by the office of the State Engineer. The attached Exhibits C-1 and C-2 provide a summary of diversions for the Subject Water Rights with Fulton diversions based on the State of Colorado Division of Water Resources records and the Burlington and Wellington diversions based on their company records.

4. Detailed description of proposed change.

Brighton seeks to change the location of use and add additional uses in order to integrate the Subject Water Rights into Brighton’s augmentation plans and exchange system, and to make the rights available to meet contract obligations. The changed uses, in addition to the existing decreed uses, are for all municipal, augmentation, recharge, replacement, exchange and substitution, either directly or following storage. Municipal uses include, but are not limited to, domestic, mechanical, manufacturing, commercial, industrial, fire protection, sewage treatment, street sprinkling, recreational, fish and wildlife propagation, irrigation of parks, lawns, gardens and grounds, augmentation and replacement, recharge, use as a substitute supply, adjustment and regulation of municipal water systems, including further exchange with other municipal water systems and with other water users, within the City of Brighton’s service area as it may exist both now and into the future and meeting contractual obligations outside of Brighton’s service area. Brighton has quantified the Subject Water Rights, and the historical consumptive use derived therefrom, and seeks the right to fully consume such percentage when the changed water is used for the above changed purposes, including by reuse or successive use.

Such right of reuse and successive use shall be conditioned upon Brighton’s ability to maintain legal dominion and control over such water, and upon such notification, identification and reporting as the Division Engineer may require. 4.1. The amount of water to be changed is the entire volume of water to which the Subject Water Rights are entitled. 4.2. Applicant seeks the right to store the water rights to be changed. The identified places of storage include the Ken Mitchell Lakes, the 124th Avenue Storage Pond, Erger’s Pond, Barr Lake, Soda Lakes, and Bear Creek Lake as well as any other storage site that might be available to Brighton. The locations of these structures are as follows: 4.2.1.Ken Mitchell Lakes, located in parts of Sections 11, 12, 13, and 14, Township 1 South, Range 67 West, of the 6th P.M. 4.2.2.

124th Avenue Reservoir, located in the NE 1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 of Section 35, Township 1 South, Range 67 West of the 6th P.M. 4.2.3. Erger’s Pond, which is located adjacent to Cell 1 of Ken Mitchell Lakes in Section 12, Township 1 South, Range 67 West of the 6th P.M. 4.2.4. Barr Lake is located within parts of Sections 15, 21, 22, 23, 26, 27, 28, 33 and 34, Township 1 South, Range 66 West of the 6th P.M. 4.2.5. Soda Lakes Reservoirs 1 and 2, located in the NW 1/4, SW 1/4 and SE 1/4 of Section 1, Township 5 South, Range 70 West of the 6th P.M. 4.2.6. Bear Creek Lake, located in portions of Sections 31 and 32, Township 4 South, Range 69 West of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West of the 6th P.M. 4.3. The proposed plan of operation is to use that portion of the changed rights that the court determines historically returned to the stream system to duly replace such historically received return flows to the extent necessary to prevent injury to water rights senior in priority to the date of the filing of this application.

The fully consumed portion as determined by the court shall, either on an immediate basis following diversion, or following storage, be used for all municipal purposes as above described, including contractual obligations with other municipalities, and the use for augmentation and replacement water under the Decrees for 2000CW202, 2003CW320, 2004CW174, and 2009CW144, 2018CW3195, or as substitute supply water in substitute water supply plans that may be approved by the State Engineer in regard to those five cases. 5. Brighton seeks a decree for conditional appropriative rights as to the following exchanges and the providing of substitute supplies in accordance with the provisions of Sections 37-80-120(2)(3) and (4), and 37-83-104, C.R.S. 5.1. Exchanges Involving Subject Water Rights.

The upstream and downstream exchange points of Brighton’s exchange reaches are as follows: 5.1.1 Downstream Points for the Exchanges (Exchange-From Points): 5.1.1.1. Point A - The

confluence of Brighton’s North Storm Drain Outfall and the South Platte River, located in the SE 1/4 of the SW1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. This is the most downstream point of the exchange reach. 5.1.1.2. Point B - The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE 1/4 of the NW 1/4 of the NE 1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.3. Point C - The outfall of Ken Mitchell Lake, which is located near the point where the South Platte River crosses the west line of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.4.

Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. 5.1.1.5.

Point H-1 - Northern Treatment Plant located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. 5.1.1.6.

Point J - 124th Avenue Reservoir Outfall, located in the NW 1/4 of the SE 1/4 of Section 35, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.7. Point N - The outfall of Erger’s Pond, which is located in the N 1/2 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.2.

Upstream Points for the Exchanges (Exchange-To Points): 5.1.2.1.Point D-1 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the SE 1/4 of Section 11, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 11 bears approximately South 86o West, approximately 4,160 feet, in Adams County.

5.1.2.2. Point D-2 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the NW 1/4 of the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 69o West, approximately 4,000 feet, in Adams County. 5.1.2.3. Point E - Ken Mitchell Reservoir Inlet, located on the east bank of the South Platte River, in the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 88o30’ West, approximately 3,190 feet, in Adams County.

5.1.2.4. Point F - A point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of Brighton’s South Platte wells. 5.1.2.5. Point G - The Fulton Ditch headgate located in the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Township 2 South, Range 67 West, of the 6th P.M., in Adams County.

5.1.2.6.Point I - The United Diversion Facility No. 3, located on the east bank of the South Platte River in the SW 1/4 of Section 26, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.1 2.7. Point M - The Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. 5.1.2.8. Point P - Bear Creek Dam and Reservoir, located in portions of Sections 31 and 32, Township 4 South, Range 69 West, of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West, of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West, of the 6th P.M. 5.1.2.9. Point S - Arnett-Harriman Ditch, located on the south bank of Bear Creek, NE 1/4 of the NE 1/4 of Section 2, Township 5 South, Range 70 West, of the 6th P.M. 5.1.2.10. Point T - the Erger’s Pond inlet structure, located on the east bank of the South Platte River in the NE 1/4 of the SW 1/4, Section 12, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.2. Sources of Substitute Supply. Water made available from the change of the Subject Water Rights decreed herein. 5.3.Date of Appropriation. December 28, 2020. 5.4.Amount Claimed. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit D. 5.5. Claimed uses.

Those uses described in paragraph 4, above. 5.6.

Exchanges Involving Erger’s Pond. The upstream and downstream exchange points of the reaches of the exchanges involving Erger’s Pond are as follows: 5.6.1. Downstream Points for the Exchanges (Exchange-From Points): 5.6.1.1. Point A - The confluence of Brighton’s North Storm Drain Outfall and the South Platte River, located in the SE 1/4 of the SW1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. This is the most downstream point of the exchange reach. 5.6.1.2. Point B - The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE 1/4 of the NW 1/4 of the NE 1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.6.1.3. Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. 5.6.1.4. Point H-1 - Northern Treatment Plant located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. 5.6.1.5. Point N - The outfall of Erger’s Pond, which is located in the N 1/2 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.6.2. Upstream Points for the Exchanges (Exchange-To Points): 5.6.2.1.

Point D-1 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the SE 1/4 of Section 11, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 11 bears approximately South 86o West, approximately 4,160 feet, in Adams County. 5.6.2.2. Point D-2 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the NW 1/4 of the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 69o West, approximately 4,000 feet, in Adams County.

5.6.2.3. Point E - Ken Mitchell Reservoir Inlet, located on the east bank of the South Platte River,

in the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 88o30’ West, approximately 3,190 feet, in Adams County. 5.6.2.4.

Point F - A point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of Brighton’s South Platte wells. 5.6.2.5.

Point G - The Fulton Ditch headgate located in the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Township 2 South, Range 67 West, of the 6th P.M., in Adams County. 5.6.2.6. Point I - the United Diversion Facility No. 3, located on the east bank of the South Platte River in the SW 1/4 of Section 26, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.6.2.7. Point M - the Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. 5.6.2.8. Point T - the Erger’s Pond inlet structure, located on the east bank of the South Platte River in the NE 1/4 of the SW 1/4, Section 12, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.7.

Sources of Substitute Supply. Water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2000CW202, water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2003CW320, water available pursuant to the change of water rights decreed in Case No. 2004CW174, water available pursuant to the change of water rights decreed in Case No. 2009CW144 and 2018CW3195, water stored in Ken Mitchell Lakes under Case No. 1992CW018, water stored in 124th Avenue Storage Pond under Case No. 2002CW234, water stored in Erger’s Pond under Case Nos. 1998CW257 and 2008CW105, water made available to Brighton under contractual agreements, water made available to Brighton under free river conditions, and water available pursuant to the change of the Subject Water Rights decreed herein. 5.8. Date of Appropriation. December 28, 2020. 5.9. Amount Claimed. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit D. 5.10. Claimed uses. Those uses described in paragraph 4, above. 6.

Claim of Appropriated Return Flows. When the calling right downstream of the water rights described in paragraph 3 are junior to December 28, 2020, or there is no call from downstream of the headgates of the water rights described in paragraph 3, Brighton seeks the rights to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 4, above, the historical return flow portion of water rights described in paragraph 3. 6.1. Appropriation Information. 6.2. Date of Appropriation. December 28, 2020. 6.3. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 6.4. Date Water First Applied to Beneficial Use. Not applicable.

6.5. Source. South Platte River 6.6. Amount Claimed. Any and all amounts of returns determined to be attributable to Brighton’s water rights described in paragraph 3, CONDITIONAL. 6.7.

Claimed uses. Those uses described in paragraph 4, above. 7. Names and addresses of owners of land on which structures are located. All structures are owned by Brighton except as follows: The Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, Colorado 80601.

The Little Burlington Ditch and Brighton Lateral are located on lands owned by, or on easements that Applicant believes are controlled by the Burlington Ditch, Reservoir and Land Company. The Fulton Ditch is owned by the Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601. The Subject Water Rights exchanged to Soda Lakes are carried in the Arnett-Harriman Ditch, and the Arnett-Harriman Ditch is owned by the Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80209. Soda Lakes Reservoir and Mineral Water Company is the owner and operator of Soda Lakes and is managed by the Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80209. Barr Lake Reservoir is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. Bear Creek Lake is owned by the Army Corps of Engineers, Omaha District, 1616 Capital Avenue, Suite 9000, Omaha, NE 68102 and is under a 50-year lease with the City of Lakewood, 480 S. Allison Pkwy, Lakewood, CO 80226. The United Diversion Facility No. 3 is owned by Silver Peaks Metropolitan District, 8301 E. Prentice Ave., Suite 100, Greenwood Village, CO 80111 and on land owned by Henderson Aggregate Ltd., c/o Albert Frei & Sons (Registered Agent), 11521 Brighton Road, Henderson, CO 80640. The Northern Treatment Plant is owned by Metro Wastewater Reclamation District, 6450 York Street, Denver, CO 80229. WHEREFORE, Brighton requests the Court enter a decree granting the change of water rights, the conditional appropriation of rights of exchange, conditional appropriation of return flows, and for such other relief as the Court deems proper. (14 pages)

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www. courts.state.co.us or in the Clerk’s office) and must

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FT / Benefits Coach / Middle School: Head Girls Soccer Visit our Website to View All Open Positions Apply at: www.ccsdre1.org Clear Creek School District RE1, does not unlawfully discriminate on the basis of race, color, creed, sex, sexual orientation, religion, national origin, ancestry, age, genetic information, marital status, or disability in admission or access to, or treatment or employment in, its educational programs or activities.

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