Elbert County News 1119

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November 19, 2020

ELBERT COUNTY, COLORADO

A publication of

ElbertCountyNews.net

VOLUME 125 | ISSUE 42

COVID-19 rules for county tightened More restrictive measures in place as coronavirus numbers grow worse

BY TABATHA STEWART SPECIAL TO COLORADO COMMUNITY MEDIA

In addition to the high number of cases, Mader said he wasn’t sure if they would be able to find enough substitutes to effectively keep the schools open.

Elbert County ComRichardson missioner Chris Richardson said there has been a problem in the district with parents taking children to school who were exhibiting symptoms, or living in a home with someone who has tested positive. Reports of employees of the school district continuing to work while exhibiting

The Colorado Department of Public Health and Environment has directed Elbert County to take more restrictive measures to control the spread of COVID-19, by moving the county to level orange-high risk on the COVID-19 Dial dashboard.

The county has seen new daily cases in the double digits for the past several weeks, and as of Nov. 11, the number of positive cases totaled 348 PCR-confirmed, which means positive at the time of testing, and 35 serologyconfirmed, which showed the person had been infected sometime before the test. The county has one new hospitalization, and three confirmed deaths.

The new restrictions mean all businesses will be restricted to only 25% of capacity, and personal gatherings can only include two households, and not exceed 10 people. Schools will be moving to distance-learning, or a hybrid of distance-learning and inperson learning. Under level orange restrictions, churches should be limited to a maximum of 50 attendees, or 25% capacity, whichever is less.

But the county has expressed concern with regulating attendance for houses of worship.

SEE KIOWA, P6

SEE RULES, P4

Schools in Kiowa were closed for in-person learning Nov. 9, after combined students and staff members on quarantine or isolation totaled more than 65.

PHOTO BY TABATHA STEWART

COVID-19 prompts Kiowa schools to go virtual Transition to distance learning will be in place at least until Thanksgiving break

BY TABATHA STEWART SPECIAL TO COLORADO COMMUNITY MEDIA

Schools in Elbert County School District C-2 — the Kiowa schools — have been closed to in-person learning, due to more than 65 cases of staff and students being quarantined after positive COVID-19 results.

The Elbert County Public Health Department recommended the transition to distance learning because of the high rate of incidences in the small district, which serves 300 stu-

dents and employs 25 teachers and 26 support staff.

“Many of our staff and students are presently under COVID-19 quarantine because of positive tests,” said Superintendent Scott Mader. “In fact, the number of staff and students combined that are quarantined or in isolation is presently over 65.”

The district transitioned to virtual learning Nov. 12, and will continue through at least Nov. 19 when the school district goes on Thanksgiving break.

INSIDE: VOICES: PAGE 10 | LIFE: PAGE 12 | CALENDAR: PAGE 13

KEEPING THE FAITH

COVID-19 forces churches in the metro area to adapt in a variety of ways P12

2 Elbert County News

November 19, 2020N

Old colleagues reunite as Colorado’s senators Hickenlooper takes place alongside fellow moderate Bennet

BY JOHN FRANK THE COLORADO SUN

In the U.S. Senate, Colorado is now represented by two politicians whose biographies are so similar they look identical at first glance.

U.S. Sen.-elect John Hickenlooper and Democratic incumbent Michael Bennet both graduated from Wesleyan University, a small liberal arts Bennet school in Connecticut.

Both are East Coast transplants who made millions in business in Colorado before turning to politics.

Both men are moderate, pragmatic Democrats from DenHickenlooper ver who have lived charmed political lives. They even worked together: Bennet helped get Hickenlooper elected Denver mayor in 2003, and then went to work as his chief of staff.

Both were finalists for top jobs in Democratic administrations in Washington, and both waged longshot bids for the party’s 2020 presidential nomination.

“I think that relationship will be interesting,” said Alan Salazar, a longtime Democratic strategist who knows both men well. “Sen. Bennet will be the senior member of the delegation, and I think John will have some fun with that.”

“I think it will be a unique bond, one that we have never seen,” he added.

Another similarity: Both Hickenlooper and Bennet declined requests for interviews.

Differ on style and substance But spend any time with Hickenlooper, 68, and Bennet, 55, or talk to their closest associates and the differences between them — in personality, style and substance — become clear.

Bennet’s intellectual curiosity and patience help him thrive on the minutiae and strategy of policymaking in Washington, even if the petty gamesmanship frustrates him at times. His top issue is education, given his prior tenure at Denver’s school superintendent. He enjoys the debate, even with those who disagree with him, and shies away from the pomp of the job. And he’s willing to break from his party.

As his recent book makes evident, he’s a philosopher, a big thinker about American democracy. On Election Day, he said Colorado’s vote for Democrat Joe Biden “turned the page on Trumpism and ignited a new progessive era for America.”

Hickenlooper is more outgoing in terms of his personality, as his memoir makes evident, and

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his advisers talk about him like a brand. His days opening the state’s first brewpub helped give him the ability to talk and listen to anyone.

Likewise, he wants to make every customer — or voter — happy, even though it can get him in trouble sometimes.

A two-term governor, Hickenlooper enjoys attention that comes with the job. His top issue is the economy.

In politics, he’s comfortable as an executive, relying on smart advisers to work out the details and guide his politics and policy. And he’s committed to political compromise.

“I will work with anyone and everyone to help Coloradans,” he said in his election night victory speech after beating Republican incumbent Cory Gardner 53% to 44%.

New role How Hickenlooper adapts to the mundane lawmaking typical in the U.S. Senate and Washington is an open question.

In the six years prior to announcing his bid for the office, he said more than a dozen times that he wasn’t interested in the job or wouldn’t like the legislative work.

Instead, he said he’s a decision-maker and a leader. “I’m not cut out to be a senator,” he said at one point.

Hickenlooper spent months eating his words during the contested Democratic primary as he tried to convince voters he actually wanted the job.

He reiterated the message moments after winning the seat on Election Day. “I’m deeply committed

to the job ahead,” he said.

On the campaign trail, Hickenlooper made economic relief from the coronavirus pandemic, addressing climate change and bringing civility to Washington his main themes.

The transition from being an executive as governor to the legislative branch is a significant one.

But his close allies said he’s a quick study.

“He didn’t know how to be a brewpub owner, either. He didn’t know how to be mayor or governor. But once he was in the role he has done a damn good job learning every single one of those,” said Roxane White, his former chief of staff. “I think he will bring that same desire to learn to the Senate.”

Ken Salazar, who served Colorado in the U.S. Senate until being tapped for President Barack Obama’s cabinet, said he thinks Hickenlooper’s business experience and executive leadership is a plus.

“That is a quality that we need in more of our elected officials and these very powerful positions,” Salazar said. “He didn’t have to go into politics. He didn’t have to run for mayor. He didn’t have to run for governor. You don’t do these things for the money. You do them because you believe in serving the community.”

Both Bennet and Hickenlooper were considered for the U.S. Senate seat Salazar vacated when he was named Interior secretary.

SEE SENATORS, P11

Elbert County News 3

0November 19, 2020

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November 19, 2020N

Applications now RULES being taken for Christmas for Kids FROM PAGE 1

Agency based in Kiowa provides gifts for children every year

BY TABATHA STEWART SPECIAL TO COLORADO COMMUNITY MEDIA

The Elbert County Coalition Outreach is accepting applications for its annual Christmas for Kids event, to help families in need for the Christmas holiday. Applications need to be submitted to ECCO, at 336 Comanche St. in Kiowa, by Friday, Nov. 27. ECCO has sponsored the event for 13 years, and all donations are kept within Elbert County, so applicants must be county residents.

Applications are available at ECCO, American Legion, Elizabeth Fire, the Elbert County Sheriff ’s Office or the Kiowa Creek Food Bank. Participants will participate in a shopping day Dec. 12, and will be required to follow social distancing guidelines.

Donation boxes for toys can be found at Big R, NAPA, True Value, Jill’s Feed and 40 Mile Feed in Kiowa. Toy donations must be received by Dec. 4.

Cash boxes for donations are located at The Saw Mill, Skadoodles, Patty Ann’s Cafe, the Kiowa Bar and ECCO. Cash donations are used to purchase gifts for families to choose from.

Food donations can be dropped off at Walmart, Anytime Fitness and Safeway in Elizabeth, Friday and Saturdays from noon to 4 p.m. The American Legion will distribute food boxes to families.

Last year ECCO provided Christmas gifts for 489 children in Elbert County.

“This is really a huge event each year,” said Erica Johnson, director of ECCO. “There are so many great organizations we work with to help make this happen, and the American Heritage Girls are always on hand to help out.”

“From a public health perspective, the importance of spiritual health and its contribution to individual and community mental health is critically important during the pandemic,” wrote Dwayne Smith, director of Elbert County Public Health. “We therefore do not wish to impose an additional burden on families by limiting opportunities to worship. Elbert County Public Health is instead requesting that churches limit attendance to a maximum of 100 congregants per service.

Individual churches may of course choose to implement a lower maximum allowable number of attendees.”

In the letter from CDPHE to Elbert County, the CDPHE also warned the county that the agency will “reserve the right to move the county to a more restrictive level at any point should circumstances warrant more aggressive sector restrictions.”

Although the number of new cases continues to rise, County Commissioner Chris Richardson said the county has seen no new deaths and a relatively low number of hospitalizations.

“While our cases have risen dramatically, it is at a lower rate than the big counties surrounding us,” said Richardson. “From the beginning, the prevalence of local cases has been tied to travel to and from the metro area and population density. We haven’t seen any outbreaks tied to any local business, event or activity.”

Most businesses within the county are small enough that the move to level orange won’t have much impact, according to Richardson, but there are a few large establishments that will have to go back to restricting the number of patrons allowed in the store at any one time.

“Most of our businesses, and our restaurants, don’t usually hold more than 50 people at a time anyway, but some of our larger

stores will have to take more restrictive measures,” said Richardson.

If the county continues to see an increase in the number of COVID cases, and is ordered to move to the most restrictive level of stay-athome, the impact on businesses would be devastating, as many would be ordered to close, or offer pick-up or delivery services only.

According to Smith and Richardson, it’s up to community members to help make sure that doesn’t happen, by following protocols for quarantine and self-isolation if they are sick or been in close contact with someone who tests positive for the coronavirus. Unfortunately, they have seen several cases in the community where people have tested positive and disregarded quarantine orders.

“Elbert County Public Health is aware of several instances where individuals under quarantine orders are disregarding the orders and continuing normal daily routines,” said Smith. “They are therefore continuing to spread the virus and infect other citizens.”

Richardson said they have received reports of parents sending children to school who are exhibiting symptoms or sharing a household with someone who is positive, and employees of school districts reporting to work and interacting with others when they’re ill.

“Unfortunately, we’ve had a few recent cases of individuals making poor choices that have greatly impacted our schools,” said Richardson. “Those employees who went to work sick could face disciplinary actions.”

Smith, through his daily update email, reminded residents that there could be legal action taken for disregarding a public health quarantine order. According to Colorado Revised Statute 25-1-114, defiance could result in a fine of up to $1,000 and imprisonment in the county jail for up to one year.

“The last thing Elbert County Public Health wants to do is to have to pursue enforcement of penalties,” said Smith. “Individuals under quarantine orders are strongly encouraged to consider the community-wide implications of their decisions to ignore such orders.”

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Elbert County News 5

0November 19, 2020

Hospital leaders feel ‘very good’ about preparation for winter As COVID-19 surges, doctors in Douglas County feel more ready than ever to treat patients

BY NICK PUCKETT NPUCKETT@COLORADOCOMMUNITYMEDIA.COM

Douglas County hospitals report that they are prepared for the worst, as COVID-19 cases continue to surge locally.

As of Nov. 5, the three-day average of total cases in Douglas County rose to 131.7, the highest three-day average since the pandemic began in Colorado in March. Hospitalizations related to COVID-19 in Douglas County reached 311 as of Nov. 5.

Doctors feel more confident in treating patients with COVID-19 than they did when the pandemic began.

While the spike of new cases alarms area doctors, the bigger concern for some is keeping their staff healthy.

Dr. Devin Bateman, chief medical officer for Parker Adventist and Castle Rock Adventist hospitals, Centura Health hospitals, said it is vital for hospital staff to practice the same diligence in public safety protocols, wearing a mask and social distancing, when they are outside the hospital.

COVID-19 patients have been in place “In the hospital, we are in a safe since March, the hospital system’s environment and it feels very norload of PPE is in “very good shape” mal to be cautious, but also what and doctors know more about how to is important is everybody does it when they step outside the hospital,” treat patients with the disease.

“I really think hospitals are better Bateman said. “We need to make prepared today than ever before to sure our workforce stays healthy in face whatever the hospital and comes this winour community ter,” Bateman workforce stays said. healthy, whether In an Oct. 28 it’s our schools, virtual town communities or hall with local businesses.” hospital leadParker Adveners, Sky Ridge tist and Castle Medical Center Rock Adventist President and have the benefit CEO Kirk Mcof being part of Carty said there a larger health are two main care system, principles the which means staff can be Kirk McCarty, hospital is focusing on: keeping moved to shortSky Ridge Medical Center staff safe and handed hospitals in the Denver president and CEO keeping the community safe. area and any That includes, shortages of he said, people personal protecwho need non-COVID-related meditive equipment (PPE) can be moved cal attention. where necessary. Sky Ridge Medical “There are a lot of patients that Center, a HealthOne hospital, also are in need of care outside of CObenefits from being part of a large VID, and a lot of times that’s gotten system. lost in the pandemic situation,” McBateman said he feels “very good” Carty said. about the preparedness level at Parker Adventist. He said the processes for admitting and isolating SEE HOSPITAL, P6

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November 19, 2020N

HOSPITAL FROM PAGE 5

McCarty, who was named head of the largest hospital in Douglas County on April 1, said the hospital knows more about how to treat the disease than they did when the pandemic began.

“The volume has peaked again — not to the level it was in March and April, but it has increased,” McCarty said.

“The patients aren’t as sick, but they’re still coming to the hospital and needing that support.”

Bateman also emphasized the importance of people visiting the hospital when they need treatment for nonCOVID afflictions. Parker Adventist and Castle Rock Adventist test everyone undergoing a procedure, regardless of the reason.

“It will continue to adjust,” Bateman said. “As testing expands, we may even look at testing even more patients.”

Bateman and McCarty both stressed

the importance of individual responsibility to combat the virus. As the holiday season approaches, family members will travel into Douglas County, most notably college-aged students, who seem to be the main culprits behind recent outbreaks.

“I think people may be letting their guard down a little bit when we need to continue to be vigilant, and that’s true for our schools, communities and businesses,” Bateman said. “Please continue to be vigilant. Be careful, even in your own families and small gatherings … We just really need to be vigilant and be cautious and not let our guards down.”

Bateman also emphasized his appreciation for the support from the community.

“The last eight months have been challenging for the entire community,” Bateman said. “As s hospital system, as Centura, Parker Adventist, Castle Rock Adventist, we appreciate the support we received from our community and we will continue to serve our community.”

KIOWA FROM PAGE 1

symptoms have also led to an increase in numbers.

“We continue to urge folks to take precautions and make wise choices,” said Richardson. “Unfortunately, we have had a few recent cases of individuals making poor choices that have greatly impacted our schools. These individual decisions have had potentially tremendously bad impacts.”

Mader said they hope to make a decision soon about what learning will look like starting Nov. 30, whether they will resume in-person learning or continue virtual learning. The school has ceased all preschool and day-care classes while the buildings

are closed.

“Our goal is to always be as safe as possible, and to provide in-person learning whenever possible,” said Mader. “However, these goals sometimes conflict with each other.”

The Elizabeth School District has not made plans to switch to remote learning, according to Superintendent Douglas Bissonette.

“No, we are not planning to make any system level changes based on the general countywide CDPHE level,” he said, referencing the county’s recently heightened COVID-19 restrictions. “Any changes we make are based on actual cases in our schools… Our focus is to safely maintain our high quality, in-person learning model as long as possible, and to limit disruptions to students and families as much as possible.”

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It is shocking to see what people dump into our streams and open space. Not only is this unattractive along our natural stream corridors, this is a direct threat to fish, wildlife, recreation and our drinking water supplies. If you have something that you no longer want, consider donating it! Many charitable organizations rely on donations of unwanted items. Otherwise, please coordinate with your trash collector to dispose of unwanted items properly.

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Elbert County News 7

0November 19, 2020

MUSTANG ON THE RUN Keep It Up, Douglas County!

Keep washing your hands, staying apart and wearing your mask. Douglas County communities are experiencing a surge in COVID-19 cases. Your COVID safety measures make a difference. Learn more at douglas.co.us/douglascovid19/keep-itup-douglas-county

Community COVID-19 testing locations through Dec. 30 COVID-19 swabbing and antibody testing are available with or without health insurance for the remainder of the year. To preregister and to learn more visit douglas.co.us/covid19-testing/events.

For information about other testing providers visit douglas.co.us/covid19-testing-locations

COVID-19 Grants and General Assistance available

Ponderosa’s Cael Porter (31) looks for yardage during the Nov. 6 football game against Montrose. Porter rushed for 63 yards, caught two passes and led the team on defense with 21 total tackles. Ponderosa scored late in the game to pull out a 21-14 victory.

PHOTO BY JIM BENTON

Applications are being accepted for General/Emergency Assistance Grants, Nonprofit Grant Program, and Small Business Grant Program. To learn more and review eligibility details and deadlines for each program visit douglas.co.us/cares-act

Funds available to veterans Emergency assistance is available for veterans struggling with housing (mortgage/rent), transportation, employment, healthcare or other emergency needs. To apply for the veterans assistance funds visit douglasveterans.org or call 303.663.6200.

Do It online, Douglas!

Residents and businesses may access over 60 online services. For your convenience drop boxes are also available for Assessor, Motor Vehicle and Recording services, Visit douglas.co.us/covid19 for more details and drop box locations.

Winter Readiness Begins Now Visit douglas.co.us/snow as a reference quide to frequently asked questions about snow and ice removal responsibilities in unincorporated Douglas County.

County Offices closed Nov. 26 and 27 Douglas County offices will be closed on Thursday, Nov. 26 and Friday, Nov. 27 in observance of the Thanksgiving holiday.

Many county services are available online at DoItOnlineDouglas.com

Visit douglas.co.us

8 Elbert County News

November 19, 2020N

Toborg sets sights on grocery tax, RTD Parker’s seventh mayor promises change at town hall

BY NICK PUCKETT NPUCKETT@COLORADOCOMMUNITYMEDIA.COM

The Parker electorate voted for change in the town’s elected leadership on Nov. 3, starting with the mayor.

Jeff Toborg, 50, the IT executive and now-former town councilmember who ran as the candidate for “change” at town hall, will be sworn in as the seventh mayor of Parker on Dec. 14. Toborg defeated two rivals in the race for mayor: two-term Councilmember Joshua Rivero and Jonathan Bollefer.

Toborg won 43.1% of the vote for mayor, edging out Rivero by more than 2 percentage points (40.7%). Bollefer, a corporate security executive and self-described outsider candidate, won 16.2% of the vote.

Parker, like the rest of Colorado and the country, saw record voter turnout this year for the mayoral and town council races. According to the Colorado Secretary of State’s Office, 30,628 votes were cast for mayor in Parker, a 23% jump from 2016.

Toborg received 13,200 votes, the second-most votes for mayor in Parker’s history. Mayor Mike Waid still holds that record, having received 16,240 votes in 2016. Rivero received 12,471 votes, the third-most votes for mayor of Parker.

Parker Mayor-elect Jeff Toborg received about 43% of the vote in a three-way race.

COURTESY PHOTO

The election reflects the town’s desire for change, Toborg said Nov. 4.

Toborg campaigned to repeal the town’s sales tax on grocery items, despite apparent opposition from the town finance department, and said he will ask the town council to examine rewriting the grocery tax “as soon as

they are sworn in.”

“I ran touting my Republican values and conservative values,” Toborg said.

“I think a little bit of that is that ‘maverick’ in all candidates that want to strike out and do something different than you do today.”

Rivero is also a registered Repub-

lican and is unabashed about his conservative ideologies. Rivero, for the most part, refrained from using partisan politics in the nonpartisan race for mayor.

The town is in the works of hiring a new economic development director, whom Toborg said he will be in close communication with as they establish the vision for Parker’s economic future.

Toborg said he has already been in touch with state Rep. Kim Ransom and state Sen. Jim Smallwood to draft legislation to withdraw the town from RTD, an uphill battle that will likely face strong opposition from RTD lobbyists.

The mayor-elect touched on other issues concerning Parker, including the ongoing drama between the Tri-County Health Department and Douglas County over public health mandates.

Toborg is on the board of directors for the newly formed group Faith, Education, Commerce United, or FEC United, a group born out of the Reopen Colorado group that began last spring to protest stay-at-home orders issued by Gov. Jared Polis in March.

Toborg said he believes in voluntary compliance of mask-wearing, but said he did not see the justification for wearing a mask at a restaurant, for example, if patrons are allowed to remove their mask when seated.

“When the governor does it, it’s a different story,” Toborg said. “I think it gets down to a fundamental belief for me, and that’s the personal freedom.”

SEE TOBORG, P15

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0November 19, 2020

Elbert County News 9

10 Elbert County News

LOCAL

November 19, 2020N

VOICES

Seems like the future wasn’t worth the wait

W

anting an additional serving of “thin gruel,” plucky parish workhouse resident Oliver Twist pleaded “Please, sir, I want some more.”

To paraphrase the indigent lad, “Please, sir, I don’t want some more.”

I don’t want a QUIET car that drives it- DESPERATION self. I don’t want to tell a car what to do. I don’t want a car that stops when it thinks it should or parks itself.

I don’t want to tell my television what to do. Or ask Siri or Alexa Craig Marshall anything.

Smith I don’t want a vacuum cleaner roaming around the house on its own.

Skype, Zoom, leave the room.

I’m not interested in Extended Reality.

Enough. I have enough.

What do I have? A microwave oven, washer and dryer, refrigerator, a computer, a television,

a landline telephone, an eightyear-old station wagon and a real dachshund.

Bernard Marr writing for Forbes noted, “We are amidst the 4th Industrial Revolution, and technology is evolving faster than ever. Companies and individuals that don’t keep up with some of the major tech trends run the risk of being left behind.”

Left behind where?

I have indoor plumbing and complete electrical.

Much of life worth living for still comes down to how we interact with each other, and many of the best moments do not depend upon technology at all.

Meeting a friend for lunch doesn’t require Silicon Valley experts to make it better.

Siri can’t explain why there is so much corruption and deceit in the world.

Alexa can’t explain gangs, cartels, mobsters, racism, homophobia or religious fanaticism.

Or why common sense is so uncommon.

The ad shows Cheerios strewn on the floor and a disc-shaped,

overpriced, battery-driven, autonomous vacuum cleaner consuming them.

Big wow.

Harry does the same thing and warms the bed at night too.

Of course, were I in a line of work that depended upon technology I’d undoubtedly think differently.

My dentist, for example, has to stay current with new developments or patients would go elsewhere.

My dental history is extensive and began without anesthetics.

They were available, but for some reason not provided. Maybe they were an additional cost my parents couldn’t manage.

A number of my teeth have been crowned. Until recently, a crown was a two-day experience.

First, the tooth would be prepped for the crown, an impression made and a temporary crown glued.

The impression was sent to a lab. A couple of weeks later a permanent crown was returned and positioned.

Now my dentist can do it all in one day with technology that

wasn’t available to her years ago.

My theory is that many contemporary upgrades are the Emperor’s New Clothes.

The 2020 World Series was packed with “broadcast enhancements” and “game tracking through Statcast powered by Google Cloud.”

One of these enhancements was the “exit velocity” of a home run.

I want to know the exit velocity of a batted ball about as much as I want to know what’s in thin gruel.

Artificial intelligence gives the illusion that people are making progress, and in some instances we are, especially in medical areas.

But Grammarly? No you thank.

Perhaps you have seen ads for “realistic robotic dogs”?

There could be very good reasons for wanting an artificial pet. Nothing could ever, will ever, come close to the real thing.

Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at craigmarshallsmith@comcast. net.

The pebble, the ripple, the current or the wave

S

ometimes it is the current or the wave that gets all the attention, but maybe we can first begin by talking about the pebble and the ripple, and even our own role as either one in the creation of those rippling waters, currents, and waves.

As we do, there WINNING are a few things WORDS about being the pebble or the ripple that we should keep in mind. The first is that there are times where we can be both, making our initial splash or Michael Norton point, and then doing our best to perpetuate a shared feeling or message. The second thing to consider is that both the pebble and the ripple can either be positively charged or negatively driven.

And lastly, most times the pebbles that generate the biggest ripples are the same ones that carry the message the farthest and have the greatest impact.

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Some throw pebbles of negativity, trying to do as much damage to the calm of the water as possible without a care for the lingering effect those ripples may have on anything or anyone in their path.

Others cast pebbles with a clear sense of purpose and desired outcome. These pebbles are intended to deliver hope and encouragement as the ripples created wash upon the shores of those who need them the most.

And there are a couple of things we may want to think about when we are being caught in the current. It could mean that we are just riding out the ripples of life, allowing other people, situations, opinions, and events to determine what we believe, how we think, and what we do. Some may call this, “Just going with the flow.”

However, there are other currents that we get caught up in too. Currents that were caused by the ripples, and ripples that were initiated by a pebble, and a pebble that was cast with the intention of making a positive difference in the lives of the people caught up in the current. We seek this current and appreciate the cause

and effect of such ripples. We may even acknowledge that we are not caught in a current, realizing we are riding a wave of hope instead.

“Just as ripples spread out when a single pebble is dropped into the water, the actions of individuals can have far-reaching effects.” - Dalai Lama Each of us, whether we like it or not is one of these four things; the pebble; the ripple; caught in the current; or riding the wave.

As a pebble, we are an activator, an encourager, and a creator.

Like a ripple, we are action, motion, and momentum. If we are caught in the current, we may feel trapped, stuck in the status quo, or going along just to get along.

And if we are riding the wave of hope, we are a grateful recipient of the pebbles of wisdom, motivation, and opportunity that were dropped into the water, almost as if they were dropped in specifically for us.

What happens then if it is a huge rock or boulder that gets dropped into the water? The bigger the stone, the larger the ripple. The stronger the message, positive or negative, the

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larger the ripple will become as well. The bigger our sense of purpose or desire for learning, change, and opportunity is when the ripple changes and becomes the wave. Not just any wave, the wave of hope that as it crests, will allow those of us who are on top, to view the shoreline as we have never seen it before, and maybe even seeing it for the first time in a long time.

How about you? Can you see yourself as someone who can create a ripple that will have a farreaching impact on someone else?

Are you simply going along to get along? Or are you riding the wave of hope and encouragement? I really would love to hear your story at mnorton@tramazing.com. And as we consider that each one of us can make a difference in this world as the pebble, the ripple, the current, or the wave, it really will be a better than good week.

Michael Norton is the grateful CEO of Tramazing.com, a personal and professional coach, and a consultant, trainer, encourager and motivator to businesses of all sizes.

Columnists & Guest Commentaries Columnist opinions are not necessarily those of the Elbert County News.

We welcome letters to the editor. Please include your full name, address and the best number to reach you by telephone.

Email letters to letters@coloradocommunitymedia.com Deadline Wed. for the following week’s paper.

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Elbert County News 11

0November 19, 2020

T

A look at planning in the post-election period

he election is finally over, and we have a few short weeks to finish any 2020 planning strategies before the New Year. As of this writing, some states are still counting votes, but with the majority FINANCIAL in, it appears Joe Biden will be sworn STRATEGIES into the office of the presidency in January. Currently it appears the stock market is pricing in a split Congress with a Democratic House and a Republican Senate. The runoff for the last Patricia Kummer two Senate seats in Georgia will not be known until January.

Historically, the financial markets and economic activity thrive best under a split government due to a set of checks and balances between parties.

Nothing too drastic is likely to get passed without plenty of notice as the House and the Senate debate issues.

Based on Biden’s campaign promises, the initial focus will likely be on a COVID-19 stimulus package and health care improvements. This

means that infrastructure and jobs growth will be shortly behind and tax reform may be pushed out to 2022, according to Libby Cantrill, CFA with PIMCO.¹ Tax planning is always a good idea, just like investing or planning of any kind. Do what you can today with what you know now, for tomorrow could make today look like a missed opportunity. Regardless of who is in office, with the burgeoning federal deficit and the need for ongoing stimulus, I believe there would need to be tax increases. No one likes to pay more taxes, but the reality is that it appears inevitable in our current economic state. Therefore, I urge folks to consider taking advantage of the last month of the year and utilize this potentially lower tax bracket year to help improve their finances.

This could include realizing longterm capital gains or converting IRA accounts to a Roth. Of course, you should still maximize your retirement plan contributions to minimize any increased taxable income.

Investing is also a good idea, regardless of who is in office. Economic uncertainty often increases volatility across the markets. This is a good opportunity to remember that this

is a marathon, not a sprint, and you should stick to the long-term plan.

It may be difficult to focus on goals when other investors are making short-term, emotional trades.

A potential split Congress under a Biden presidency may still cause some gridlock. Watch for debates around a stimulus plan and other forms of spending bills. The Fed will likely continue to utilize monetary policy and other tools (such as Quantitative Easing) to support financial markets.² A contentious relationship between the Senate and Biden administration could drive higher rate volatility, but likely favor growth stocks.³ Investor’s Business Daily states “A powerful stock market rally has taken hold, fueled by election results despite surging coronavirus cases”.

The coronavirus pandemic is still likely the most significant factor in the near term. If infection rates and hospitalizations continue to increase, we could see further limits on social and/or economic activity that could depress economic progress. The vaccine is good news but may take years to administer.

Regardless of economic or political shifts, your asset allocation is driven

ABOUT LETTERS TO THE EDITOR Colorado Community Media welcomes letters to the editor. Please keep in mind the following rules: • Email your letter to letters@coloradocommunitymedia.com. Do not send via postal mail. Put the words “letter to the editor” in the email subject line.

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• Include your full name, address and phone number. We will publish only your name and city or town of residence, but all of the information requested is needed for us to verify you are who you say you are.

• Letters will be considered only from people living in Colorado Community Media’s circulation area in Adams, Arapahoe, Denver, Douglas, Elbert and Jefferson counties.

• We reserve the right to edit letters for clarity, grammar, punctuation and length.

• Not all letters are published at our discretion. Letters are published as space is available.

• Letters must be no longer than 250 words.

SENATORS FROM PAGE 2

Then-Gov. Bill Ritter picked Bennet for the job in 2009.

In a recent interview, Ritter said the transition from governor to lawmaker is challenging, but he’s yconfident Hickenlooper will be successful. “I know former governors who have done this,” Ritter said.

“I think it’s tough. John will take counsel from a lot of people about the right way to do that.”

Bennet agreed. In a CBS4 Denver interview on Election Day, he said

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the two of them serving together “will be great.”

“John’s been a very successful mayor. He’s been a successful governor of Colorado, and a successful business person. I think he’ll bring all of that experience to D.C., and help us unsnarl the mess that’s there. I think that will be very welcome,” Bennet said.

Staff writer Jesse Paul contributed to this report. This story is from The Colorado Sun, a journalist-owned news outlet based in Denver and covering the state. Used by permission. For more, and to support The Colorado Sun, visit coloradosun.com.

by your goals and risk tolerance and we don’t recommend that it be altered based on short-term volatility. In fact, volatility may present opportunities for long-term investors. Maintaining a well-balanced portfolio can help you to stay focused on the end goal. And, as always, you should consult with your own investment or tax professional for advice specific to your situation.

1. Libby Cantrill, CFA, Head of Public Policy with PIMCO; 2. Sandy Pourcilli, Head of Fixed Income at Mariner Wealth Advisors. 3. Jim Cramer, CNBC Patricia Kummer has been a Certified Financial Planner™ professional and a fiduciary for over 34 years and is Managing Director for Mariner Wealth Advisors, an SEC Registered Investment Adviser. Please visit www. marinerwealthadvisors.com for more information or refer to the Investment Adviser Public Disclosure website (www.adviserinfo.sec.gov). Securities offered through MSEC, LLC, Member FINRA & SIPC, 5700 W. 112th Suite 500, Overland Park, KS 66211. Please note, this reflects our perspectives on the markets and is not a guarantee of future results.

OBITUARIES THOMAS

Eugene Thomas Former Douglas County News and Elbert County News publisher Hubert Eugene “Gene” Thomas, 88, of Kirk CO, died October 27, 2020, in Yuma CO from complications after a fall and a long-term lung infection.

Gene was born December 7, 1931, to Floyd and Estellene (Morrow) Thomas, in Grand Junction and grew up on a farm near Mack.

He graduated from Fruita Union High School, Fruita, and attended Mesa College, Regis College, and the University of Colorado Boulder, earning a BA in psychology from CU. He also went to Linotype school in English IN and worked as a typesetter at the Grand Junction Daily Sentinel and the Montrose Daily Press, and as a printer at the Boulder Daily Camera.

On May 17, 1956, Gene married Patricia Louise Kresha of Osceola NE. Beginning in 1957 he (and Pat, until her death in 1977) published the Fruita Times, the Huerfano World in Walsenburg, the Pleasant Hill (MO) Times, the Douglas County News and the Elbert County News (1976-77), the Johnstown Breeze, and the Nevada (IA)

Journal, and then he started a letterpress paper in Kirk, the South Y-W Star, which he published and printed for eight years, retiring in 2010.

Along the way he also enjoyed doing letterpress print jobs and collecting type.

Gene was a beloved husband, father, grandfather, and friend. In addition to newspapering, he loved reading, gardening, traveling to new places, learning about new things, visiting friends, and spending time with his family and his pets. He had been a member of the Rotary Club, the Lions Club, and the Colorado Press Association.

In addition to his wife, Gene was preceded in death by his brother, Curtis, and his sister, Kathleen Pershing. He is survived by a son, Joseph, of Kirk; three daughters, Teresa, of Fargo ND; Karen, of Fargo; and Gloria and husband Brett Beckfield, of Hummelstown PA; four grandchildren and two great-grandchildren.

No memorial service was held. The family asks that friends subscribe to their local newspapers in Gene’s honor.

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12 Elbert County News

November 19, 2020N

LOCAL

LIFE

Churches differ on pandemic response

Pastors say they rely on local, state guidance as disease drags on

BY JESSICA GIBBS JGIBBS@COLORADOCOMMUNITYMEDIA.COM

A

s Colorado’s third wave of COVID-19 grips the state, churches in the Denver metro area are preparing to take additional precautions, although they differ in their plans to do business in the weeks ahead, from full virtual services to limited in-person gatherings.

Dr. Amy Gearhart, lead pastor at Arvada United Methodist Church, said their church is paying close attention to the guidance of local and state health agencies. The church has not held in-person services since the pandemic reached Colorado.

“We’re a congregation that’s in total support and confidence in the scientific research and data,” she said.

The closest that Arvada United Methodist Church came to holding in-person gatherings during COVID-19 was when it hosted drive-in services in the parking lot during the warmer fall months. With winter approaching, the church is switching back to full virtual as of Nov. 8.

Gearhart said there have been advantages to virtual sermons. Each Sunday they post a pre-produced sermon to YouTube. The church garners roughly 100 more views than what in-person attendance might have been before the pandemic, she said.

It also offers a solution for at-risk congregation members, she said. Attendance at the drive-up services was about half of pre-pandemic levels.

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14 Elbert County News

November 19, 2020N

Collaboration, community are key for Kiewit campus First 900 employees slated to move into Lone Tree campus in July

BY NICK PUCKETT NPUCKETT@COLORADOCOMMUNITYMEDIA.COM

Lone Tree’s newest corporate citizens plan to open the doors to the first of its two buildings next summer, officials say.

Kiewit Corp., a multibillion-dollar engineering and construction firm based in Omaha, Nebraska, is building a 12.6-acre campus west of I-25 near the Sky Ridge Light Rail Station.

Kiewit officials say the campus will be a regional headquarters for its Colorado employees, who are currently operating in offices throughout the state.

The campus will be a much-needed space for Kiewit employees in different fields to interact and collaborate, Project Executive Michael Brumley said.

“We’re excited to have this central hub in Colorado for all of our Colorado needs and employees. There are 900 Kiewit Colorado-based staff, and they’re kind of scattered throughout different offices,” Brumley said.

Brumley currently works out of the company’s Englewood office. “This will put everybody under one roof.”

Kiewit officials gave media tours of the near-complete first building Oct. 29. The company plans to open the doors to the five-story, 252,000-square-

Eric Roumph, project manager for the Kiewit regional headquarters construction, gives a tour of the first of two buildings under construction west of I-25 in Lone Tree Oct. 29. The engineering firm will complete the first building, at five stories and 252,000 square feet, by July 2021. foot building in July, project manager Eric Roumph said. The first building will be home to 1,100 employees. The second building, at four stories and 142,000 square feet, broke ground in May and is also under construction.

Officials plan for it to open in spring 2022. About 600 employees will work there.

“We know that being here is going to have a positive impact on the community and also on our community— the company,” Brumley said. “We’re proud to be part of Lone Tree and excited to part of Lone Tree.”

Brumley said the decision to build Kiewit’s Colorado headquarters in Lone Tree was “natural,” given the

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Kiewit’s 400,000-square-foot campus is starting to take shape. Facing the front door of the first building, Eric Roumph, project manager, adjusts his face mask — just one of the protocols Kiewit required of employees on its site since the pandemic started.

PHOTOS BY NICK PUCKETT

city’s proximity to Denver and access to light rail.

“There aren’t many sites with direct access to light rail,” Brumley said.

“That was a real key element for us, both in the short term, with the employees we have, and long term, with workforce development. It’s really an amenity that allows for the diversity of travel.”

Kiewit will be the last major addition to Lone Tree’s RidgeGate West neighborhood, which stretches from the Lone Tree Arts Center to I-25 and includes the Charles Schwab and Sky Ridge Medical Center campuses — the city’s two largest private employers.

When complete, Kiewit’s Lone Tree campus will be home to 1,700 employees, most of whom already work in various offices throughout the state.

The space will also be used to accommodate the company’s future growth throughout the region.

The first 1,000 staff members of the Lone Tree Kiewit campus will move into their new offices over a four-week period next summer, a Kiewit spokesperson said in September.

Brumley said the company is “always hiring” workers and engineers of all disciplines. The Lone Tree Kiewit campus will primarily focus on infrastructure projects, doing mostly civil, mechanical and structural engineering.

Collaboration among engineers planning a project is crucial, Roumph

said, and roughly 40% of the Lone Tree Kiewit campus’ offices will be open-concept designs.

“No one person can design a bridge or a road or a building. If there’s a structural engineer, an electrical engineer, a mechanical engineer, an architect that has to bring it all together — those people have their own little systems, but if they work in a vacuum, nothing will come together like it needs to,” Roumph said. “All that coordination, and getting that onto paper so it can be built correctly, is huge, and it’s a pretty monumental effort.”

The campus will also include a café and an additional coffee shop open to the public.

The Kiewit project broke ground in March, before the pandemic forced widespread closures. Construction projects are considered essential, so Kiewit did not skip a beat. The project’s more than 200 employees have adjusted to the pandemic, wearing masks on-site, monitoring symptoms and limiting large gatherings.

Kiewit, founded in 1884, is a $10 billion company with subsidiaries in the United States, Canada and Mexico.

The corporation employs about 23,000 people in North America. Kiewit has construction and engineering services in markets including building, transportation, oil, gas and chemical, power, water/wastewater, industrial and mining.

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Elbert County News 15

0November 19, 2020

W

Colorado Ballet’s iconic ‘Nutcracker’ set for TV New Art Space’s new location: 6851 W. Colfax, Lakewood. 303-297-8428, coreartspace.com. Check on hours.

buddy, Elwood P. Dowd. Just published and available.

e just learned that Colorado Ballet will partner with Rocky Mountain PBS (Channel 6 in the Denver area) to broadcast “The Nutcracker,” SONYA’S beginning at 7 p.m.

SAMPLER on the evening of Thanksgiving, Nov. 26, and on five other dates through the holiday season. In addition to Thanksgiving, it will air at 3 p.m. on Nov. 27; 9 p.m. on Dec. 18; 1 a.m. on Dec. 19; 7 p.m. on Dec. 24; and Sonya Ellingboe 12 a.m. on Dec. 25 (the time that many people would call midnight on Dec. 24). The performance also may be streamed at no cost during the holiday season on the Rocky Mountain PBS app, downloadable at rmpbs. org/pbs-video-app. For more information, go to rmpbs.org or coloradoballet.org.

Happy birthday, Beethoven Dec. 16 is the birthdate of Ludwig Van Beethoven, 250 years ago. Lone Tree Arts Center and the Ivy Street Ensemble will celebrate an online Arts in the Afternoon with Betsy Schwarm at 1:30 p.m. on Dec. 16. Pay what you choose — see lonetreeartscenter.org for details on ticketing.

Ortega art “Raices y Ramas: Roots and Branches,” art by Tony Ortega is listed for the new Freyer-Newman Center at Denver Botanic Gardens, 1007 York St., Denver. Organized by the William Havu Gallery. Nov. 21 through Feb. 28.

720-865-3500, botanicgardens.org.

‘The Seasons’ Parasol Arts director Lorita Travaglia has regrouped on a performance, “The Seasons,” that was scheduled onstage this fall. A one-week viewing ticket is available at parasolarts.org.

Argentine Tango and visual arts will be filmed and offered via streaming format for a week starting Nov. 28 ($15).

Reminder Rox Arts Gallery at Aspen Grove, 7301 S. Santa Fe Drive, Littleton, hosts the Colorado Watercolor Society members show through Nov. 22. Always a treat and usually requires a trip to downtown Denver or beyond!

Denver Museum of Nature & Science “Space Odyssey,” an all-time popular exhibit is renovated and has relaunched at the Denver Museum of Nature & Science. Drive a rover on the surface of Mars, they say. Ticketed.

The Denver Museum of Nature & Science is at 2001 Colorado Blvd., Denver.

Tickets available, 303-370-6000, dmns. org.

New book “Pulling Harvey Out of Her Hat” by Denver author Mimi Pockross is the story of Mary Coyle Chase, who created the favorite play, “Harvey,” about the 6-foot-tall invisible rabbit and his

Kirkland Museum Kirkland Museum, at 12th Avenue and Bannock Street in Denver, announces a showing of new additions to its collection of Colorado and regional artworks, opening Jan. 22 to March 14, 2021. Fun to plan ahead into a new year! Pre-reserved timed tickets will be needed. A lecture series will be

CORE New Art Space “Small Works,” a juried open call show, runs through Nov. 29 at Core

TOBORG Rivero, the owner of Fika Coffee House in Parker, a 14-year resident and graduate of Ponderosa High School, had support from Waid and many prominent small business leaders in Parker. Rivero also led the field of mayoral and council candidates in campaign contributions with more than $16,000 as of Oct. 15 — more than double Toborg’s total of $6,000.

Toborg, however, also received campaign help from a local political group, Hometown Colorado, which raised almost $4,000 campaigning for Toborg

offered later in 2021. Go to kirklandmuseum.org.

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and council candidates Laura Hefta, Nate Matthews and Fritz Freund.

Hefta was elected to her first term on town council.

Rivero took to Facebook to thank his supporters.

“There is nothing more beautiful than our republic and I will humbly accept my loss,” Rivero wrote. “Am I saddened, yes, without end. Do I still believe in our community, by all means. I will not be your Mayor but I will be your voice to Town Hall. It is my charge and I will continue to shape the future of our Town. I am not going away and, if anything, have gained a louder voice. We will continue to thrive Parker. I love you all and I’m still here.”

FROM PAGE 8

“The Nutcracker” by Colorado Ballet will be broadcast six times on Rocky Mountain PBS during the holiday season, starting at 7 p.m. on Thanksgiving, and also will be streamed at no cost on the Rocky Mountain PBS app.

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16 Elbert County News

November 19, 2020N

C R O S S W O R D CHURCHES P U Z Z L E FROM PAGE 12

The church’s congregation comprises approximately 600 households and a normal service pre-COVID was on average 350 people. Roughly a third of their members are older than 70, she said.

“Many of our older adults don’t even feel comfortable coming in their cars,” she said.

Senior Pastor Rev. Mark Feldmeir at St. Andrew United Methodist Church in Highlands Ranch said they are primarily doing virtual services through YouTube. Worship elements are recorded through the week and St. Andrew has offered remote services since March.

But throughout the rest of November, the church plans to continue holding a Sunday evening service outside on its lawn for approximately 40 to 50 people.

People have to RSVP, wear masks and sit in family groups “so there’s social distancing,” he said. There is no singing at the services and the speakers wear masks.

Feldmeir also said virtual services have expanded the church’s reach.

Pre-pandemic attendance was approximately 1,200 in a weekend.

“Remarkably our viewership online is at least twice that every week,” he said.

Feldmeir isn’t sure of the church’s long-term strategy to hold service during the pandemic. They have not planned much beyond the New Year, but he doesn’t expect to do business as usual for months.

“I don’t anticipate that we’ll be back for in-person worship until there is a vaccine that’s widely available,” he said.

Surveys of the congregation showed 68% of their members would

not return without a vaccine, he said.

Steve Thulson, interim senior pastor at Grace Covenant Church in Lakewood, said the church returned to in-person services mid- summer.

The church’s two Sunday services are limited to approximately 50 people each, and attendees are required to wear masks.

That’s roughly half the church’s attendance before COVID-19 hit, Thulson said, and they estimate a dozen families tune in by livestream. He is not sure at what point the church would switch to full virtual services, if a shutdown is not ordered by local or state agencies, with which he vowed they would comply.

“That’s a great question,” he said.

The pandemic has placed numerous barriers on churches, he said, and there are mixed reactions to steps the church takes. Some people believe the church should not meet at all while others wish services could continue as normal.

“There are different opinions on all this. Not outright division but it’s kind of a continuum,” he said.

Gearhart said her congregation has been supportive of staying virtual and social distancing, but she knows pastors who have weathered pushback against following COVID-19 precautions.

Moving forward, the pastors said they’ll look to health agency guidance for navigating the pandemic in coming weeks, and they’ll try to keep up morale among community members.

“I think probably like everybody in our community and around the world, there is tremendous COVID fatigue and Zoom fatigue and I think that’s only exacerbated by some of the social division, political division,” Feldmeir said. “But I think there’s also a tremendous sense of a collective sense of we’re going to get through this.”

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Water Court Publication Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 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 OCTOBER 2020 for each County affected.

20CW3161 EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT (“ECCV”), c/o Dave Kaunisto, 6201 South Gun Club Road, Aurora, Colorado 80015, Telephone: (303) 693-3800; All correspondence and communications should be addressed to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village, Colorado 80111, Telephone: (720) 647-5661, (Attorneys for ECCV). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE AMOUNTS ABSOLUTE in ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, JEFFERSON, LARIMER, MORGAN, AND WELD COUNTIES. 2. Original Decree. The original decree was entered by the Water Court, Water Division 1, on October 20, 2014, in Case No 11CW280. 3.Description of Water Storage Rights (“Water Storage Rights”). 3.1. ECCV 2011 Barr Lake Water Storage Right: Barr Lake. Barr Lake is an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, T1S, R66W of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. A map depicting the locations of the structures is attached hereto as Exhibit 1. 3.1.1. Location of Dam. A point at the center of Section 23, T1S, R66W of the 6th P.M., Adams County, Colorado, approximately 2,766 feet south of the North line and 3,078 feet east of the West line of Section 23, extending northwesterly approximately 1.25 miles. Latitude 39º 57’ 1.15” North; Longitude 104º 44’ 25.70” West. 3.1.2. Surface Area. 1,900 acres at high water line. 3.1.3. Storage Height. The current maximum gauge height is 34 feet. 3.1.4. Capacity. The current maximum capacity is 30,057 acre-feet, and dead storage is less than 300 acre-feet. 3.1.5.

Diversion Facilities. The water stored in Barr Lake will be diverted at the following locations: 3.1.5.1. United Diversion Facility No. 3. The headgate of United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of S26, T1S, R67Wof the 6th P.M., Adams County, Colorado, located approximately 1,636 feet east of the West line and 1,531 feet north of the South line of said Section 26. Water diverted at United Diversion Facility No. 3 in priority or by exchange under the Exchange Right decreed herein and described below may be (1) delivered to United Reservoir No. 3, as described in paragraph 3.2, below, or (2) delivered to Barr Lake through the Beebe Pipeline, as described in Case No. 02CW403. The Beebe Pipeline may be used to (1) convey water from United Reservoir No. 3 to Barr Lake, (2) convey water from Barr Lake to United Reservoir No. 3, or (3) release water to the South Platte River. 3.1.5.1.1. Diversion Rate. The diversion rate of United Diversion Facility No. 3 is variable, depending on the relationship between the river stage and reservoir stage. A maximum diversion rate of 250 cfs is decreed for the ECCV 2011 Barr Lake Water Storage Right at United Diversion Facility No. 3, which is less than the maximum physical diversion rate of the structure. 3.1.5.2. Burlington Ditch. Pursuant to the changed point of diversion decreed in Case No. 02CW403, the headgate of Burlington Ditch is a point on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of S14, T3S, R68W of the 6th P.M., City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47’24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. 3.1.5.2.1.

Diversion Rate. The capacity of the Burlington Ditch is approximately 900 cfs. A maximum diversion rate of 900 cfs is decreed for the ECCV 2011 Barr Lake Water Storage Right at the Burlington Ditch headgate. The Burlington Ditch is owned by The Farmers Reservoir and Irrigation Company (“FRICO”). 3.2. United Reservoir No. 3 Water Storage Right: United Reservoir No. 3. United Reservoir No. 3 is an off-channel reservoir comprised of two storage cells, the North Cell and the South Cell. United Reservoir No. 3 is located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of S35, T1S, R67Wof the 6th P.M., Adams County, Colorado. Water stored in United Reservoir No. 3 may be subsequently delivered to Barr Lake via the Beebe Pipeline, as described in Case No. 02CW403. When water stored by ECCV in United Reservoir No. 3 is delivered to the South Platte River, it will be delivered at a point at or near the decreed point of diversion for United Diversion Facility No. 3, which is located on the east bank of the South Platte River, in the SW1/4 of S26, T1S, R67W of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the West line and 1,531 feet north of the South line of said Section 26. See Exhibit 1. 3.2.1. Surface Area. Approximately 138 acres. 3.2.2. Storage Height. See paragraph 3.2.3, below. 3.2.3. Capacity. The South Cell is complete, with a storage volume of 1,098 acre-feet. The North Cell is currently being mined; estimated storage amounts are shown in the table below. Additional storage in the North Cell may be added by the construction of above-grade berms.

United Reservoir No. 3 Cell

Gravity Filled Storage Additional Below (acre-feet) Grade Storage (acre-feet)

Additional Storage with Berms (acre-feet)

(acre-feet)

North South Total

1,600 270 1,870

1,431 0 1,431

3,513 1,098 4,611

482 828 1,310

Total Storage

3.2.4. United Reservoir No. 3 Diversion Facility. United Diversion Facility No. 3, described in paragraph 3.1.5.1, above, with a maximum diversion rate of 250 cfs decreed for the United Reservoir No. 3 Water Storage Right. 3.3. Gilcrest Reservoir Water Storage Right: Milliken Reservoir (f/k/a Gilcrest Reservoir). Milliken Reservoir is an off-channel reservoir, located within parts of S2, T3N, R67Wand Sections 23, 26, 34, and 35, T4N, R67W of the 6th P.M., Weld County, Colorado. See Exhibit 1. 3.3.1. Surface Area. Approximately 1,600 acres. 3.3.2. Storage Height. N/A. 3.3.3. Capacity. 18,500 acre-feet. 3.3.4. Milliken Reservoir Diversion Facilities. The Gilcrest Reservoir Water Storage Right will have two points of diversion as described below, both of which will divert only surface water. No groundwater shall be diverted at the points of diversion for Milliken Reservoir. 3.3.4.1. Jay Thomas Ditch Diversion Dam. (a/k/a the South Diversion). This point of diversion for Milliken Reservoir will be located adjacent to the Jay Thomas Ditch Diversion Dam, on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of S11, T3N, R67W of the 6th P.M., Weld County, Colorado. 3.3.4.2. North Diversion. This point of diversion for Milliken Reservoir will be located on the South Platte River, downstream of the confluence of the South Platte River and the St. Vrain River, in the NE1/4 of the SW1/4 of S26, T4N, R67W of the 6th P.M., Weld County, Colorado, to allow for the diversion of surface water from the South Platte River and pumping into Milliken Reservoir for storage. 3.3.4.3. Diversion Rate. A maximum rate of 250 cfs in aggregate for the two Milliken Reservoir diversion facilities described above. 3.4. Source. South Platte River. 3.5. Dates of Appropriation. 3.5.1.

ECCV 2011 Barr Lake Water Storage Right. September 21, 2011. 3.5.2.

United Reservoir No. 3 Water Storage Right. December 29, 2011. 3.5.3. Gilcrest Reservoir Water Storage Right. December 29, 2011. 3.6. Decreed Amounts. The water year for the Water Storage Rights shall be November 1 through October 31, and the decreed amounts are as follows: 3.6.1. ECCV 2011 Barr Lake Water Storage Right. 9,000 acre-feet per water year. 3.6.2. United Reservoir No. 3 Water Storage Right. 1,000 acre-feet per water year. 3.6.3. Gilcrest Reservoir Water Storage Right. 3,000 acrefeet per water year. 3.6.4. Long-Term Total Storage Volume. The total volume of water stored under all of the Water Storage Rights shall not exceed 60,000 acre-feet on a 10-year running basis. 3.7. Uses. ECCV will use the Water Storage Rights, following storage, for the following beneficial uses: 3.7.1. Types of Use. 3.7.1.1. Use in ECCV’s Plans for Augmentation. ECCV will use each of the Water Storage Rights as a source of replacement water in the ECCV Augmentation Plan decreed in Case No. 02CW403, as amended by the decrees entered in Case Nos. 02CW404/03CW442 (“404/442 Decree”) and 10CW306, to replace depletions from pumping of water for delivery to ECCV’s service area from the Arapahoe County Water and Wastewater Authority (“ACWWA”)/ECCV Well Field. The Water Storage Rights were added as additional sources of replacement water in Case No. 02CW403 on June 29, 2018. In pending Case No. 16CW3196, ECCV seeks to change the Subject Water Rights to allow use in another augmentation plan if such use is approved in a separate Water Court decree or SWSP approved by the State Engineer pursuant to C.R.S. § 37-92-308(4), or successor statute. 3.7.1.2. Use in ECCV’s Recharge Projects. ECCV will use each of the Water Storage Rights for recharge by delivering the water to ECCV’s recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 Decree. In pending Case No. 16CW3196, ECCV seeks to change the Water Storage Rights to allow ECCV to deliver the Water Storage Rights to the recharge sites described in that case, and any existing or future recharge facility to which ECCV is legally permitted to recharge water, including use in an aquifer storage and recovery project and/or aquifer recharge and recovery project. 3.7.1.3. Use in ECCV’s Exchange. ECCV will use each of the Water Storage Rights as a source of substitute supply for the Exchange Right decreed herein and described below. In pending Case No. 16CW3196, ECCV seeks to change the Water Storage Rights to allow use as sources of substitute supply in the 2016 exchanges claimed therein and in any future exchanges operated or decreed by ECCV. 3.7.1.4. Municipal Uses Within ECCV’s Service Area. ECCV will use each of the Water Storage Rights via delivery by a pipeline to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area. 3.7.1.5. Right of Reuse and Successive Use. In addition to the uses described in paragraphs 3.7.1.1 through 3.7.1.4, above, ECCV has the right, after first use, to reuse and successively use to extinction all water under the Water Storage Rights for the uses described in paragraphs 3.7.1.1 through 3.7.1.4, above, within ECCV’s present and future service area. 3.7.1.6. Disposition of Water Storage Rights. ECCV may also utilize water diverted pursuant to the Water Storage Rights to fulfill contractual obligations to other municipalities and water users subject to the following conditions: (a) the contractual obligation exists at the time this Decree is entered; (b) the contractual obligation is met by use of a metered treated water tap supplied by ECCV; (c) the contractual obligation is of limited duration and is for use in a decreed augmentation plan or in a substitute water supply plan approved by the State Engineer pursuant to C.R.S. § 37-92-308 or successor statutes; or (d) the contractual obligation is pursuant to a water trade agreement whereby ECCV is obligated to deliver water to a party in return for deliveries by said party to ECCV of an equivalent amount of water from alternate sources. 3.7.2. Place of Use. ECCV will use the Water Storage Rights only within ECCV’s present and future service area. 3.7.3.

Places of Storage. In pending Case No. 16CW3196, ECCV seeks to change the Water Storage Rights to allow ECCV to store the Water Storage Rights in the following surface storage structures for use as a source of augmentation, replacement, recharge, or substitute supply: 3.7.3.1. 70 Ranch Reservoir, a lined off-channel reservoir to be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of S10, T4N, R63Wof the 6th P.M., Weld County, Colorado. 3.7.3.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of S2, T3N, R67Wand Sections 23, 26, 34, and 35, T4N, R67Wof the 6th P.M., Weld County, Colorado. 3.7.3.3. United Reservoir

No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of S26 and the N1/2 of S35, T1S, R67Wof the 6th P.M., Adams County, Colorado. 3.7.3.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, T1S, R66W of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.7.3.5. Binder Reservoir, an off-channel reservoir located in the N1/2 of S15, T1N, R66W of the 6th P.M., Weld County, Colorado. 3.7.3.6. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of S32, T1N, R65W of the 6th P.M., Weld County, Colorado. 3.7.3.7. Serfer Pit, an off-channel reservoir located in the NE1/4 of the NE1/4 of S24, T6 N, R68W of the 6th P.M., Larimer County, Colorado. 3.7.3.8. Other Storage Facilities. Any future storage facility to which ECCV is legally permitted to store water. 3.7.4. Use by ACWWA. In pending Case No. 16CW3196, ECCV seeks to change the Water Storage Rights to allow ECCV to lease and/or trade water attributable to the Water Storage Rights to ACWWA. 4. Description of Appropriative Right of Exchange. 4.1. Exchange Points. 4.1.1. Exchange-From Point: Gilcrest (‘Milliken”) Reservoir Outlets. Water stored by ECCV in Milliken Reservoir may be delivered to the South Platte River at the Milliken Reservoir’s outlet structures at the following locations: (1) SE1/4 of the NW1/4 of S2, T3N, R67Wof the 6th P.M., Weld County, Colorado; (2) SE1/4 of the NE1/4 of S26, T4N, R67Wof the 6th P.M., Weld County, Colorado; and (3) NW1/4 of the NW1/4 of Section 35, T4N, R67Wof the 6th P.M., Weld County, Colorado. 4.1.2. Exchange-To Point: United Diversion Facility No. 3, as described in paragraph 3.1.5.1, above. Water diverted at United Diversion Facility No. 3 will be delivered to Barr Lake, the location of which is described in paragraph 3.1, above, or to United Reservoir No. 3, the location of which is described in paragraph 3.2, above. 4.2. Decreed Maximum Rate of Exchange. 250 cfs, conditional. 4.3. Volumetric Limit on the Exchange. 3,000 acre-feet per year maximum, with a 20-year average annual volumetric limit of 1,384 acre-feet per year. 4.4. Uses. The water diverted pursuant to the Exchange Right, after storage in either Barr Lake or United Reservoir No. 3, will be used for the purposes described in paragraph 3.7.1, above. 4.5. Date of appropriation. December 29, 2011. 4.6. Source of Substitute Supply for the Exchange. The substitute supply for the Exchange Right is water that has been stored in Milliken Reservoir under the Gilcrest Reservoir Water Storage Right decreed herein, or water that has been stored in Barr Lake and/or United Reservoir No. 3 under the ECCV 2011 Barr Lake Water Storage Right, or the United Reservoir No. 3 Water Storage Right, respectively, and subsequently moved to Milliken Reservoir. 5.

Detailed outline of work done for the completion of the conditional appropriation for reasonable diligence. ECCV’s unified, integrated system for the diversion, accretion, collection, storage, transmission, and treatment of water rights (the “Water Supply Project”) was originally designed to provide ECCV with a long-term, sustainable municipal water supply for its service area. The conditional water rights decreed herein are part of the Water Supply Project, which will provide water within ECCV’s present and future service area. Pursuant to C.R.S. § 37-92-301(4)(b), for purposes of demonstrating diligence, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of all water rights conditionally decreed herein and shall constitute diligence toward the development of each of the conditional water rights decreed herein. During the diligence period ECCV has done, at a minimum, the following work towards completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed (expenditure numbers are rounded to the nearest $1,000): 5.1. Legal Fees. Legal fees in the amount of $3,000,000.00 were expended during the diligence period in ECCV’s adjudicatory proceedings for the appropriation of new water rights and changes to existing water rights for ECCV’s Water Supply Project, and water rights protection and opposition. 5.2. Engineering Costs. Engineering costs in the amount of $2,100,000.00 were expended during the diligence period in connection with ECCV’s Water Supply Project, to perform water rights modeling, exchange potential modeling, appropriation of new water rights, changes to existing water rights, water rights protection and opposition, and water rights accounting. 5.3. Additional Replacement Supplies. ECCV has filed applications and obtained decrees in the cases listed below to increase the replacement supplies available under its augmentation plan decrees and facilitate increased diversions in the ACWWA/ECCV Well Field, to add storage facilities and recharge locations, and to add exchanges to aid in moving its replacement water to its places of beneficial use. 5.3.1. Case No. 03CW200, amended application filed January 3, 2012; decree entered September 23, 2016. 5.3.2. Case No. 06CW40, original application filed February 20, 2006; decree entered July 5, 2016. 5.3.3. Case No. 11CW151, original application filed August 31, 2011; decree entered November 26, 2018. 5.3.4. Case No. 11CW280, application filed December 29, 2011; decree entered October 21, 2014. 5.3.5. Case No. 11CW285, amended application filed on February 24, 2013; decree entered on September 18, 2014. 5.3.6. Case No. 12CW73, original application filed March 30, 2012; decree entered February 26, 2016. 5.3.7. Case No. 13CW3026, original application filed April 26, 2013; decree entered October 31, 2017. 5.3.8. Case No. 13CW3172, application filed December 30, 2013; decree entered June 20, 2017. 5.3.9. Case No. 14CW3164, application filed December 30, 2014; decree entered December 29, 2016.

5.3.10. Case No. 16CW3196, application filed December 29, 2016; case currently pending. 5.3.11. Case No. 16CW3200, application filed December 29, 2016; case currently pending. 5.3.12. Case No. 19CW3075, application filed April 27, 2019; case currently pending. 5.3.13. Case No. 19CW3084, application filed May 15, 2019; case currently pending. 5.3.14. Case No. 20CW3096, application filed July 13, 2020; case currently pending. 5.3.15. Case No. 20CW3117, application filed August 21, 2020; case currently pending. 5.4. Water System Development. During the diligence period, United Water and Sanitation District (“United”), on behalf of ECCV, has developed and acquired infrastructure for Phase II of the Water Supply Project (“Phase II”), including but not limited to mining United Reservoir No. 3; acquiring Milliken Reservoir in August 2015; completing construction of 70 Ranch Reservoir in July 2019; and securing easement deeds and agreements for structures necessary to deliver water to ECCV. During this diligence period ECCV has been working on Phase II, which will allow ECCV to deliver up to 14.75 million gallons of renewable water to customers each day, whereby reducing dependency on non-renewable wells. Phase II also included designing expansion of the RO Plant and North and South Booster Pump Station (2017), construction of Deep Injection Well II (2018), and expansion of the plant and pump station (2020). Construction is currently underway and is expected to be completed in 2020.

The estimated cost of the Phase II infrastructure is $84.8 million. 5.5. Substitute Water Supply Plans. During this diligence period, ECCV has filed joint substitute water supply plans (“SWSP”) with ACWWA in order to use additional replacement supplies to replace out-of-priority depletions from the ACWWA/ECCV Well Field to facilitate the efficient operation of the Water Supply Project.

SWSPs were filed in 2014 (approved April 15, 2015), 2015 (approved April 6, 2016), 2016 (approved May 19, 2017), 2017 (approved March 30, 2018), 2018 (approved March 27, 2019), and 2019 (approved April 6, 2020). 5.6. Protection of Water Rights.

ECCV has regularly monitored the filings of other water users. It has filed statements of opposition to and has incurred legal and engineering costs in connection with numerous cases to protect its water rights. Legal fees in the amount of $150,000.00 were expended during the diligence period in water rights protection and opposition on behalf of ECCV for its Water Supply Project.

5.7. Opposition of Detrimental Legislation. ECCV has been actively involved in opposing Colorado State legislation that would negatively impact the operation of its augmentation plans and exchanges. 5.8. ECCV continues to rely upon and develop the conditional water rights described herein and has no intent to abandon them. 6. Claim to Make Absolute. During this diligence period, ECCV has stored water in priority and made the following amounts absolute: 6.1. Of the 9,000 acre-feet conditional water right decreed to the ECCV 2011 Barr Lake Water Storage Right, ECCV is requesting that 3,390.96 acre-feet be recognized as absolute. In Water Year 2019 (November 1, 2018-October 31, 2019), ECCV stored a total of 3,390.96 acre-feet attributable to the ECCV 2011 Barr Lake Water Storage Right. The 5,609.04 acre-feet not made absolute by this claim remains conditional. 6.2. Of the 1,000 acre-feet conditional water right decreed to the United Reservoir No. 3 Water Storage Right, ECCV is requesting that 32.36 acre-feet be recognized as absolute. In Water Year 2017 (November 1, 2016-October 31, 2017), ECCV stored a total of 32.36 acre-feet attributable to the United Reservoir No. 3 Water Storage Right. The 967.64 acre-feet not made absolute by this claim remains conditional. 6.3. Of the 3,000 acre-feet conditional water right decreed to the Gilcrest Reservoir Water Storage Right, ECCV is requesting that 1,267.03 acre-feet be recognized as absolute. In Water Year 2018 (November 1, 2017-October 31, 2018), ECCV stored a total of 1,267.03 acre-feet attributable to the Gilcrest Reservoir Water Storage Right. The 1,732.97 acre-feet not made absolute by this claim remains conditional. See ECCV’s Water Rights Accounting Summary, attached as Exhibit 2. 7. Names and addresses of owners of the land on which the structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. 7.1. Barr Lake. FRICO, 80 South 27th Avenue, Brighton, Colorado 80601. By virtue of the Amended and Restated Water Supply Agreement between ECCV, FRICO, and United, ECCV has the right to use its pro rata shareholder storage space and space available storage. 7.2. United Reservoir No. 3. United, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 7.3. Milliken Reservoir. United Milliken Reservoir Enterprise, LLC, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111; and Scout Investments, LLC, whose address is the same. The Jay Thomas Diversion Dam and the land at the point of diversion for Milliken Reservoir are owned by Public Service Company, d/b/a Xcel Energy, Inc., 1800 Larimer Street, Denver, Colorado, 80202-1414.

7.4. United Diversion Facility No. 3. United, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111.

WHEREFORE, ECCV respectfully requests that this Court enter an order finding that: (1) of the 9,000 acre-feet conditional water right decreed to the ECCV 2011 Barr Lake Water Storage Right, 3,390.96 acre-feet be recognized as absolute, and the remaining 5,609.04 acre-feet continue as conditional; (2) of the 1,000 acre-feet conditional water right decreed to the United Reservoir No. 3 Water Storage Right, 32.36 acre-feet be recognized as absolute, and the remaining 967.64 acre-feet continue as conditional; (3) of the 3,000 acre-feet conditional water right decreed to the Gilcrest Reservoir Water Storage Right, 1,267.03 acre-feet be recognized as absolute, and the remaining. 1,732.97 acre-feet continue as conditional; (4) the appropriative right of exchange continue as conditional; and (5) in the alternative, any amounts not made absolute, ECCV requests that a finding of reasonable diligence has been exercised in the development of the subject conditional rights claimed herein. (13 pages, 2 exhibits).

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 DECEMBER 2020 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 24497 First Publication: November 19, 2020

Last Publication: November 19, 2020 Publisher: Elbert County News

Elbert County Legals 11.19.20 * 1

Elbert County News 19

0November 19, 2020

Public Notices Bryan E. Johnson 1438 Pathfinder LN Mclean, VA 22101

Legals

You and each of you are hereby notified that on the 14th day of November 2017, the then County Treasurer of Elbert County, in the State of Colorado, sold at public tax lien sale to Plum Creek Water Reclamation Authority the following described mineral rights situate in the County of Elbert, State of Colorado, to-wit:

Metropolitan Districts Public Notice NOTICE CONCERNING PROPOSED 2021 BUDGET OF ELIZABETH PARK AND RECREATION DISTRICT NOTICE is hereby given that that a proposed budget has been submitted to the Board of Directors of the Elizabeth Park and Recreation District’s (“District”) for the ensuing year of 2021; that a copy of such proposed 2021 Budget has been filed in the office of the District at 34201 County Road 17, Elizabeth, Colorado, where the same is open for public inspection; and that such proposed 2021 Budget will be considered at a public hearing of the Board of Directors of the District to be held at 34201 County Road 17, Elizabeth, Colorado, on December 8, 2020, at 7:00 p.m. Any elector within the District may, at any time prior to the adoption of the 2021 Budget, inspect the budget and file or register any objections thereto.

ELIZABETH PARK AND RECREATION DISTRICT

Section: 2 Township: 6 Range: 61 N2-N2S2-SE4SE4 100/4552.45 INTEREST 13.42 NET ACRES MINERAL RIGHTS Subdivision: SEVERED MINERALS Certificate Number: 2017-02401

Legal Notice No. 24498 First Publication: November 19, 2020 Last Publication: November 19, 2020 Publisher: The Elbert County News

NOTICE OF PURCHASE OF MINERAL RIGHTS AT TAX LIEN SALE AND OF APPLICATION FOR ISSUANCE OF TREASURER’S DEED 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 Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to:

STATE OF TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES, Petitioner, vs.

Rebecca Ann Floyd, Mother And Billy Brown, Father of Aliyah, Respondents.

No. 77504

That said tax lien sale was made to satisfy the delinquent mineral rights (and special assessment) taxes assessed against said mineral rights for the year 2016;

NOTICE TO: RESPONDENT, REBECCA FLOYD

That said mineral rights was taxed or specially assessed in the name(s) of Bryan E. Johnson for said year 2016;

Said mineral rights may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Public Notice

IN THE CIRCUIT COURT OF RUTHERFORD COUNTY, TENNESSEE

IN THE MATTER OF: Aliyah Floyd, D.O.B 1/4/2006 CHILD UNDER EIGHTEEN (18) YEARS OF AGE

That a Treasurer’s Deed will be issued for said mineral rights to Plum Creek Water Reclamation Authority on the 18th day of February 2021, unless the same has been redeemed;

Misc. Private Legals

Public Notice

and said County Treasurer issued a certificate of purchase therefore to Plum Creek Water Reclamation Authority.

That said Plum Creek Water Reclamation Authority on the 1st day of September 2020, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said mineral rights;

By: John Cook, Chairman

Legal Notice No. 24485 First Publication: November 5, 2020, Last Publication: November 19, 2020 Publisher: The Elbert County News

The State of Tennessee, Department of Children’s Services, has filed a Petition against you seeking to terminate forever your parental rights to Aliyah Floyd. It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown or you are evading service. You are hereby ORDERED to appear in the Rutherford County Circuit Court on January 12, 2021 at 9:00 A.M. to personally answer the Petition for Termination of Parental Rights. The trial shall be held before the Honorable Darrell Scarlett for the Rutherford County Circuit Court located at 116 W Lytle St., Murfreesboro, Tennessee. Failing to appear for the hearing on this date and time, without good cause will result in the loss of your right to contest the petition to terminate your parental rights to the child listed above. You may view and obtain a copy of the Petition and any other subsequently filed legal documents at the Rutherford County Circuit Court Clerk’s Office.

This Notice of Purchase has also been published in Colorado Community Media on November 5, 2020, November 12, 2020 and November 19, 2020.

Entered the 27th day of October, 2020.

Witness my hand this 22nd day of October 2020

APPROVED BY: /s/ Martha Gillespie-Stewart Martha M. Gillespie-Stewart, BPR#032125 Assistant General Counsel Tennessee Department of Children’s Services 434 Jayhawk Court Murfreesboro, TN 37128

Lisa Mackiewicz, Assistant Treasurer of Elbert County, Colorado

/s/ Darrell Scarlett HONORABLE Judge Darrell Scarlett

615-217-8907

Last Publication: November 26, 2020 Publisher: The Elbert County News

Legal Notice No. 24491 First Publication: November 12, 2020 Last Publication: December 3, 2020 Publisher: The Elbert County New

Public Notice NOTICE TO CREDITORS Estate of TRACY DOMENIC COSTA, a/k/a TRACY D. COSTA, a/k/a TRACY COSTA, Deceased Case Number: 2020PR30033

Notice to Creditors Public Notice

All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Elbert County, Colorado on or before March 6, 2021, or the claims may be forever barred.

NOTICE TO CREDITORS Estate of Patrick Vincent Lohr, also known as Patrick V. Lohr, also known as Patrick Lohr, also known as Pat Lohr, Deceased Case Number: 2020PR30042 All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Elbert County, Colorado on or before March 19, 2021, or the claims may be forever barred.

Carrie M. Lohr, Personal Representative 29429 Clear View Circle Elizabeth, Colorado 80107

Legal Notice No. 24487 First Publication: November 5, 2020 Last Publication: November 19, 2020 Publisher: The Elbert County News

Adoption / Guardianship

Legal Notice No. 24499 First Publication: November 19, 2020 Last Publication: December 3, 2020 Publisher: The Elbert County News

Public Notice Summons Re: Minor Adoption In the District Court Elbert County, Kiowa, Colorado

Public Notice

To the Respondents name below: You are hereby summoned and required to file with the Clerk of the Combined Court a response to the Petition within 35 days after publication of this notice.

NOTICE TO CREDITORS Estate of Ronald Leon Houser; a/k/a Ronnie Leon Houser; a/k/a Ronald L. Houser; a/k/a Ronald Houser; a/k/a Ronnie L. Houser; a/k/a Ronnie Houser, Deceased Case Number: 20PR30036 All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Elbert County, Colorado on or before March 26, 2021, or the claims may be forever barred.

Myka M. Landry, Attorney for Personal Representative PO Box 2276 Elizabeth, Colorado 80107

Elizabeth F. Daly, Personal Representative 45921 Coal Creek Drive Parker, CO 80138

A copy of the Petition and Summons in your action may be obtained from the Clerk of the Combined Court. Default judgment may be entered against you if you fail to appear or file a response within 35 days of this publication.

20JA1; Ari T. Osborn v. Theodore Nesmith Legal Notice No. 24495 First Publication: November 19, 2020 Last Publication: November 19, 2020 Publisher: The Elbert County News

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Legal Notice No. 24493 First Publication: November 12, 2020

Water Court Publication Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 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 OCTOBER 2020 for each County affected.

20CW3160 ARAPAHOE COUNTY WATER AND WASTEWATER AUTHORITY (“ACWWA”), c/o Steve Witter, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830; United Water and Sanitation District (“United”), c/o Robert Lembke, 8301 E. Prentice Ave., Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 773-1005. All correspondence and communications should be addressed to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village, Colorado 80111, Telephone: (720) 647-5661, (Attorneys for ACWWA), and Tod J. Smith, Esq., THE LAW OFFICE OF TOD J. SMITH, 5777 Central Avenue., Suite 228, Boulder, Colorado 80301, Telephone: (303) 444-4203, (Attorney for United).

APPLICATION FOR FINDING OF REASONABLE DILIGENCE in ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, JEFFERSON, LARIMER, MORGAN, AND WELD COUNTIES. 2. Original Decree. The original decree was entered by the Water Court, Water Division 1, on October 20, 2014, in Case No 10CW312. 3. Description of the Water Storage Right (“Subject Water Right”). 3.1. Name of Structure. United Reservoir No. 3 (also known as the “United Reservoir,” “Brannan Gravel Pit” and “United Gravel Pit”). 3.2. Legal Description and Location. United Reservoir No. 3 is an off-channel reservoir comprised of two storage cells, the North Cell and the South Cell. United Reservoir No. 3 is located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of S35, T1S, R67Wof the 6th P.M., Adams County, Colorado. The reservoir is filled through United Diversion Facility No. 3, as described in paragraph 3.6.1, below, which is claimed as the point of diversion for the Subject Water Right. A map depicting the locations of United Reservoir No. 3 and United Diversion Facility No. 3 is attached hereto as Exhibit 1. 3.3. Surface Area. Approximately 138 acres. 3.4. Storage Height. See paragraph 3.5, below. 3.5. Capacity. The South Cell is complete, with a storage volume of 1,098 acre-feet. The North Cell is currently being mined; estimated storage amounts are shown in the table below. Additional storage in the North Cell may be added by the construction of above-grade berms.

United Reservoir No. 3 Cell

Gravity Filled Storage Additional Below (acre-feet) Grade Storage (acre-feet)

Additional Storage with Berms (acre-feet)

(acre-feet)

North South Total

1,600 270 1,870

1,431 0 1,431

3,513 1,098 4,611

482 828 1,310

Total Storage

3.6. Legal Description of Point of Diversion Filling the Structure and Outlets. 3.6.1. United Diversion Facility No. 3. The headgate of United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of S26, T1S, R67Wof the 6th P.M., Adams County, Colorado, approximately 1,636 feet east of the West line and 1,531 feet north of the South line of said Section 26. 3.6.1.1. Diversion Rate. The diversion rate of United Diversion Facility No. 3 is variable, depending on the relationship between the river stage and reservoir stage. A maximum diversion rate of 250 cfs is decreed for the Subject Water Right. 3.7.

Source. South Platte River. 3.8. Date of Appropriation. December 30, 2010. 3.9. Decreed Amount: 500 acre feet, conditional, with one refill in the amount of 500 acre-feet per year, conditional, for a total amount that can be stored in one water year of 1,000 acre-feet. The total amount that can be in storage at any one time under the Subject Water Right is 500 acre-feet whether stored in United Reservoir No. 3 or any other storage structure to which water previously stored under the Subject Water Right is subsequently moved. 3.10. Uses. ACWWA will use the Subject Water Right, after storage, as follows: 3.10.1. Use in ACWWA’s Plans for Augmentation. ACWWA will use the Subject Water Right as a source of replacement water in the ACWWA Augmentation Plan decreed in Case No. 10CW306 (“306 Decree”) to replace depletions from pumping of water from the ACWWA/East Cherry Creek Valley Water and Sanitation District (“ECCV”) Well Field for delivery to ACWWA’s service area. ACWWA will also use the Subject Water Right as a source of replacement water pursuant to the ACWWA 70 Ranch Augmentation Plan in the 306 Decree. The Subject Water Right was added as an additional source of replacement water in Case No. 10CW306 on June 29, 2018. In pending Case No. 16CW3195, ACWWA seeks to change the Subject Water Right to allow use in another augmentation plan if such use is approved in a separate Water Court decree or SWSP approved by the State Engineer pursuant to C.R.S. § 37-92-308(4), or successor statute. 3.10.2. Use in ACWWA’s Recharge Projects. ACWWA will use the Subject Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In pending Case No. 16CW3195, ACWWA seeks to change the Subject Water Right to allow ACWWA to deliver the Subject Water Right to the recharge sites described in that case, and any existing or future recharge facility to which ACWWA is legally permitted to recharge water, including use in an aquifer storage and recovery project and/or aquifer recharge and recovery project. 3.10.3. All Municipal Uses. Water stored in United Reservoir No. 3 under the Subject Water Right may be delivered directly to ECCV’s Water Treatment Plant for treatment and subsequent delivery for all municipal uses, including but not limited to domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area.

3.10.4. Right of Reuse and Successive Use. In addition to the uses described in paragraphs 3.10.1 through 3.10.3, above, ACWWA has the right after first use, to reuse and successively use water diverted pursuant to the Subject Water Right for the uses described in paragraphs 3.10.1 through 3.10.3, above, within ACWWA’s present and future service area. 3.10.4.1. Use in ECCV Augmentation Plans. ACWWA may lease and/or trade the Subject Water Right to ECCV for use in ECCV’s augmentation plans decreed in Case Nos. 02CW403, 02CW404, and 03CW442, as amended by the 306 Decree. 3.10.5. Disposition of the Subject Water Right. The Subject Water Right is dedicated to use for augmentation, replacement, and use in ACWWA’s present and future service area, and shall not be sold, or leased for a period exceeding five years (“long-term lease”), or otherwise permanently disposed of by ACWWA for uses other than those authorized under this Decree, except under the conditions set forth in this paragraph and paragraph 17.4 of the 306 Decree. ACWWA may also utilize water diverted pursuant to the Subject Water Right to fulfill contractual obligations to other municipalities and water users subject to the following conditions: (a) the contractual obligation exists at the time this Decree is entered; (b) the contractual obligation is met by use of a metered treated water tap supplied by ACWWA; (c) the contractual obligation is of limited duration and is for use in a decreed augmentation plan or in a substitute water supply plan approved by the State Engineer pursuant to C.R.S. § 37-92-308 or successor statutes; or (d) the contractual obligation is pursuant to a water trade agreement whereby ACWWA is obligated to deliver water to a party in return for deliveries by said party to ACWWA of an equivalent amount of water from alternate sources. 3.10.6. Sources of Substitute Supply in Exchanges. In pending Case No. 16CW3195, ACWWA seeks to change the Subject Water Right to allow use as a source of substitute supply in the 2016 Exchanges claimed therein and any future exchanges operated or decreed by ACWWA. 3.10.7. Places of Storage. In pending Case No. 16CW3195, ACWWA seeks to change the Subject Water Right to allow ACWWA to store the Subject Water Right in the following surface storage structures for use as a source of augmentation, replacement, recharge, or substitute supply: 3.10.7.1. 70 Ranch Reservoir, a lined off-channel reservoir to be located in the S1/2 of Section 3,

Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of S10, T4N, R63Wof the 6th P.M., Weld County, Colorado. 3.10.7.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of S2, T3N, R67Wand Sections 23, 26, 34, and 35, T4N, R67W of the 6th P.M., Weld County, Colorado. 3.10.7.3.

United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of S35, T1S, R67Wof the 6th P.M., Adams County, Colorado. 3.10.7.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, T1S, R66W of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.10.7.5. Binder Reservoir, an off-channel reservoir located in the N1/2 of S15, T1N, R66Wof the 6th P.M., Weld County, Colorado. 3.10.7.6. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of S32, T1N, R65Wof the 6th P.M., Weld County, Colorado. 3.10.7.7. Serfer Pit, an off-channel reservoir located in the NE1/4 of the NE1/4 of S24, T6N, R68Wof the 6th P.M., Larimer County, Colorado. 3.10.7.8. Other Storage Facilities. Any future storage facility to which ACWWA is legally permitted to store water pursuant to a subsequent Water Court decree approving storage of ACWWA’s Previously Changed Shares in that storage facility. 4. Detailed outline of work done for the completion of the conditional appropriation for reasonable diligence. ACWWA’s unified, integrated system for the diversion, accretion, collection, storage, transmission, and treatment of water rights (the “Water Supply Project” or “Flow Project”) was originally designed to provide ACWWA with a longterm, sustainable municipal water supply for its present and future service area. The conditional water rights decreed herein are part of the Water Supply Project, which will provide water within ACWWA’s present and future service area. Pursuant to C.R.S. §37-92-301(4)(b), for purposes of demonstrating diligence, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of all water rights conditionally decreed herein and shall constitute diligence toward the development of each of the conditional water rights decreed herein. During the diligence period ACWWA has done, at a minimum, the following work towards completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed (expenditure numbers are rounded to the nearest $1,000): 4.1. Legal Fees.

Legal fees in the amount of $3,000,000.00 were expended during the diligence period in ACWWA’s adjudicatory proceedings for the appropriation of new water rights and changes to existing water rights for ACWWA’s Flow Project, and water rights protection and opposition. 4.2. Engineering Costs. Engineering costs in the amount of $1,680,000.00 were expended during the diligence period in connection with ACWWA’s Flow Project, to perform water rights modeling, exchange potential modeling, appropriation of new water rights, changes to existing water rights, water rights protection and opposition, and water rights accounting. 4.3.

Additional Replacement Water. ACWWA has filed applications and obtained decrees in the cases listed below to increase the replacement supplies available under its augmentation plan decrees and facilitate increased diversions in the ACWWA/ECCV Well Field, to add storage facilities and recharge locations, and to add exchanges to aid in moving its replacement water to it places of beneficial use. 4.3.1. Case No. 09CW283, amended application filed February 24, 2013; decree entered September 18, 2014. 4.3.2. Case No. 10CW313 original application filed December 30, 2010; decree entered February 21, 2015. 4.3.3. Case No. 11CW151, original application filed August 31, 2011; decree entered November 26, 2018. 4.3.4. Case No. 10CW312, application filed December 30, 2010; decree entered October 20, 2014. 4.3.5. Case No. 12CW73, original application filed March 30, 2012; decree entered February 26, 2016. 4.3.6.Case No. 13CW3026, original application filed April 26, 2013; decree entered October 31, 2017. 4.3.7. Case No. 13CW3171, application filed December 30, 2013; decree entered June 20, 2017. 4.3.8. Case No. 13CW3173, application filed December 30, 2013; decree entered March 29, 2016. 4.3.9. Case No. 16CW3195, application filed December 29, 2016; case currently pending. 4.3.10. Case No. 16CW3200, application filed December 29, 2016; case currently pending. 4.3.11. Case No. 19CW3074, application filed April 27, 2019; case currently pending. 4.3.12. Case No. 19CW3084, application filed May 15, 2019; case currently pending. 4.3.13.Case No. 20CW3117, application filed August 21, 2020; case currently pending. 4.3.14. Case No. 20CW3142, application filed September 30, 2020; case currently pending. 4.3.15.

Case No. 20CW3146, application filed September 30, 2020; case currently pending. 4.4. Water System Development. During the diligence period, United, on behalf of ACWWA, developed and acquired infrastructure for Phase II of the Water Supply Project (“Phase II”), including but not limited to mining United Reservoir No. 3; acquiring Milliken Reservoir in August 2015; completing construction of 70 Ranch Reservoir in July 2019; and securing easement deeds and agreements for structures necessary to deliver water to ACWWA. During this diligence period ACWWA has been working on Phase II, which will allow ACWWA to deliver up to 5.25 million gallons of renewable water to customers each day, whereby reducing dependency on non-renewable wells.

Phase II also included expansion of the Northern Water Treatment RO Plant (2018-2020) and the North and South Booster Pump Stations (2018-2019), and construction of Deep Injection Well II (2018). Construction is still underway and is expected to be completed in 2020. The total estimated cost of the Phase II infrastructure is $60 million for an additional 10 million gallons of pumping and treatment capacity. The Booster Pump Stations are approximately $25 million and the NWTP Expansion is approximately $35 million. ACWWA has purchased an additional 3 million gallons of capacity from these facilities, totaling about $18 million in capital expenditure. 4.5. Substitute Water Supply Plans. During this diligence period, ACWWA has filed joint substitute water supply plans (“SWSP”) with ECCV in order to use additional replacement supplies to replace out-of-priority depletions from the ACWWA/ECCV Well Field to facilitate the efficient operation of the Water Supply Project. SWSPs were filed in 2014 (approved April 15, 2015), 2015 (approved April 6, 2016), 2016 (approved May 19, 2017), 2017 (approved March 30, 2018), 2018 (approved March 27, 2019), and 2019 (approved April 6, 2020).

4.6. Protection of Water Rights. ACWWA has regularly monitored the filings of other water users. It has filed statements of opposition to, and has incurred legal and engineering costs, in connection with numerous cases to protect its water rights. Legal fees in the amount of $150,000.00 were expended during the diligence period in water rights protection and opposition on behalf of ACWWA for its Flow Project. 4.7. Opposition of Detrimental Legislation. ACWWA has been actively involved in opposing Colorado State legislation that would negatively impact the operation of its augmentation plans and exchanges. 4.8. ACWWA continues to rely upon and develop the conditional water right described herein and has no intent to abandon them. 5. Names and addresses of owners of the land on which the structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. United owns both United Reservoir No. 3 and United Diversion Facility No. 3. WHEREFORE, Applicants respectfully request that this Court enter an order finding that reasonable diligence has been exercised in the development of this water storage right and that 500 acre-feet of the Subject Water Right be continued as conditional. (10 pages, 1 exhibit).

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 DECEMBER 2020 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No.: 24496 First Publication: November 19, 2020

Last Publication: November 19, 2020 Publisher: Elbert County News

Elbert County Legals 11.19.20 * 2

20 Elbert County News

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November 19, 2020

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