Englewood Herald 0121

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January 21, 2021

ARAPAHOE COUNTY, COLORADO

A publication of

EnglewoodHerald.net

VOLUME 100 | ISSUE 48

Breaking down city’s budget for the year City weathers pandemic’s effects on tax revenue, tackles flood readiness

BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM

Autopsy photos of 6-year-old Veronica Moser-Sullivan. A veteran law enforcement officer falling apart on the stand as he described cradling Veronica while rushing her away from the Aurora theater shooting scene.

Later in his terms, walking two schools frozen in a moment of terror — backpacks strewn about, overturned desks, burn marks on the walls — after gunmen opened fire on their classmates.

Brauchler’s hands-on management of big cases, along with his overall approach to criminal justice in a diverse, politically divided district also forged reputations.

Englewood’s city budget affects everything from how safe your home is from stormwater to how your drinking water tastes.

In its 2021 budget, the city tackles needs that are decades in the making regarding Englewood’s infrastructure — items such as its stormwater drainage system, how well the city processes the water that flows in residents’ homes, and even the quality of the sidewalks and curbs along city streets.

The city also made some key financial decisions to absorb the impact of the COVID-19 pandemic on city finances.

But despite the heavy blow that the pandemic delivered to local economies, Englewood may emerge relatively unscathed in terms of the revenue it received in 2020.

“This year, we’re doing better than our five-year average” for revenue, said Tim Dodd, Englewood’s interim finance director.

As of around November, the city’s revenue — money it takes in from taxes, fees and other sources — sat at 8.4% above average for that time

SEE BRAUCHLER, P4

SEE BUDGET, P5

Former 18th Judicial District Attorney George Brauchler, who was term-limited, has left office after eight years in the job.

PHOTOS BY JESSICA GIBBS

Brauchler closes out tenure as DA For eight years, he helmed state’s largest district to praise, criticism

BY JESSICA GIBBS JGIBBS@COLORADOCOMMUNITYMEDIA.COM

Former DA George Brauchler packs up his office roughly one week before leaving office.

His time helming Colorado’s largest judicial district began and ended with shootings that horrified the nation.

Cases like those — the 2012 Aurora theater shooting and the STEM School Highlands Ranch shooting of 2019 — left former 18th Judicial District Attorney George Brauchler with memories that haunt him.

INSIDE: VOICES: PAGE 8 | LIFE: PAGE 10 | CALENDAR: PAGE 13 | SPORTS: PAGE 14

GOING GREEN

Green chiles are a versatile Colorado favorite P10

2 The Herald

January 21, 2021J

County accepting relief applications for small businesses

BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM

Arapahoe County announced in early January that small businesses affected by the pandemic can apply to receive “direct relief payments” as part of a relief program approved by the state Legislature last month.

The state’s program, part of a package of 10 bills generally aimed at helping Colorado’s economic recovery amid the pandemic, provided $37 million in relief to small businesses with revenue of less than $2.5 million, $7.5 million to arts and cultural organizations, and $4 million to minority-owned businesses.

Those measures came via state Senate Bill 20B-001.

Arapahoe County applied for part of that relief funding and was

allocated $4 million, according to a Jan. 14 letter to the county from the Colorado Department of Local Affairs. Eligible businesses can apply for funding until Jan. 31, a county news release said.

Funds will be allocated to restaurants, bars, caterers, movie theaters, gyms and recreation centers that meet specific eligibility requirements, according to the county news release.

The program includes the following guidelines: • Businesses that previously received 2020 federal CARES Act funding are not eligible.

• The maximum amount of funding a business can receive is $7,000.

If application demand is greater than the funding received, the county will prioritize funding for eligible

small businesses with receipts of less than $500,000, followed by those with receipts between $500,000 and $1 million.

Small businesses should prepare to apply by reviewing the sample application and all program requirements at arapahoegov.com/SBRF. The requirements specify that businesses who apply for the more general small-business funding “cannot also receive funding from (the) ‘Arts Relief Program’ or the ‘Minority Owned Business Relief Program’ established by (Senate Bill) 20B-001.”

Minority business program modified

In light of a court challenge preventing the release of at least some of the state’s funds, the state Legislature retooled the minority-owned business relief program. The new

bill instead targets “disproportionately impacted business,” a term that in the bill means a business that has been disproportionately impacted by the pandemic and meets any of the following criteria: • Has five or fewer employees, including the business owner; • Is a minority-owned business; • Is located in an “economically distressed area,” a government term explained in the bill; • The business owner lives in an economically distressed area; • The business owner has low or moderate income, as determined by the Colorado Office of Economic Development; • The business owner has low or moderate personal wealth, based on SEE COUNTY, P3

One message you can absorb.

Whether your business is near a creek or on top of a hill, you play a vital role in keeping our waterways clean. By containing and cleaning up automotive fluid spills promptly, your business prevents these contaminants from damaging the environment. Remember, one drop of oil picked up during a rain storm can pollute 1 million drops of water. Contact your local agency to find out how you can dispose of automotive fluids.

Local stormwater agencies are teaming together to bring you this message. We take this so seriously that we posted this ad rather than send you more garbage in the mail. One thing is clear: our creeks, rivers and lakes depend on you.

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The Herald 3

1January 21, 2021

Polis blasts lack of vaccine influx

BY SETH KLAMANN THE DENVER GAZETTE

Top federal officials, including Vice President Mike Pence and President Donald Trump, “spoke out of turn” and lied to Colorado and other states about an incoming influx of vaccines that didn’t exist, Gov. Jared Polis said Jan. 15.

“I come before you extremely disappointed that we were lied to with plans of the administration to release reserve doses that were to be second doses of the vaccine,” Polis said.

“There is no influx of doses, contrary to a call we had with the vice president (and) the secretary of health three days ago where they informed us we would be getting additional quantity available to the state.”

Colorado had been scheduled to receive 210,000 doses the week of Jan. 18, the governor said, significantly more than the 79,000 doses that state is now planning to receive and the 70,000 doses that is typical.

That influx would’ve allowed the state to accelerate its efforts to vaccinate its older population, an effort Polis says is now expected to again be 70% finished by the end of February.

The morning of Jan. 15, the Washington Post reported the supposed federal reserve of doses did not exist, despite reassurances from Alex Azar, the secretary of the Department of Health and Human Services.

Polis said he found out about that “nonexistent” stockpile in a Jan. 15 call with Gen. Gustave Perna, who’s working on the federal distribution effort.

The 79,000-dose shipment the state is scheduled to receive the week of Jan. 18 is still a slight improvement from previous allocations, and Polis said he’s anticipating between 90,000 and 100,000 doses per week through the first three weeks of February.

He expressed hope the incoming administration will live up to its promise of 100 million doses dis-

COUNTY FROM PAGE 2

household net worth as determined by the office; • Or the business owner has had “diminished opportunities to access capital or credit.”

The state House on Jan. 15 passed the revision, state Senate Bill 21-001, by a vote of 47-16, according to a news release by House Democrats.

Read the bill at leg.colorado.gov/ bills/sb21-001.

For minority-owned businesses, accumulating capital, purchasing property and starting a business have “always been” more difficult due to the long-lasting impacts of discriminatory systems that are “only exacerbated by the pandemic,” the news release from House Democrats argued.

“These disparities are the result

tributed within Joe Biden’s first 100 days in office.

The supply might be further bolstered if the federal government authorizes another vaccine candidate, made by Johnson & Johnson.

Unlike the current vaccines, from Moderna and Pfizer, this latest inoculation is expected to be delivered in a single dose, instead of two.

If there’s a silver lining to the feds “lying” about Colorado’s allocation, it’s that the state had been planning “conservatively” based on its previous allocations, Polis said, so this significant scale down won’t necessarily affect the state’s previously laid plans.

Still, had the state received that larger shipment, it would have allowed providers to inoculate roughly half of the state’s unvaccinated population of adults over the age of 69.

That, in turn, would’ve accelerated the state’s ability to get to those older than 64, whom Polis announced earlier this week will be next in line.

Before his news conference, the governor replied to a tweet from 9News reporter Chris Vanderveen.

Vanderveen had linked to a story from the Washington Post, which reported that despite promises that more doses would be shipped next week, there was no such reserve and that all states would be receiving their previously scheduled allotments.

Polis tweeted that he was “shocked” that the state had been “lied to.”

Polis and other officials in Colorado have said the state is ready to distribute more vaccines; the obstacle is the limited supply of the doses.

The governor said he understood why older Coloradans were clamoring to get the vaccine and frustrated by the wait times, but he said the state was receiving fewer than 80,000 doses a week currently and that there were 535,000 people in the current, 70-plus years old priority.

For more stories like this, subscribe at denvergazette.com. of generations of discrimination through laws and practices that restrict employment and housing opportunities and limit access to loans and banking, practices which continue today,” the release continued.

The Legislature approved the relief package of 10 bills on Dec. 2 at the end of a three-day special session that Gov. Jared Polis called amid continued stalls in Congress of further relief.

In addition to the usual, 120-day regular legislative session — the part of the year in winter and spring when state lawmakers pass bills — the state Legislature can also conduct business in special sessions such as the one seen last month.

The governor can call a special session or the Legislature can call itself into special session as provided for in the Colorado Constitution, according to a fact sheet from the Legislature’s Office of Legislative Legal Services.

ARAPAHOE COUNTY Five-Star Recovery Partner Program Qualified businesses can now apply for certification that permits higher capacities than the County’s position on the State COVID dial.

Visit arapahoegov.com/fivestar

MEET CAROL Five-Star Recovery Partner Program Qualified businesses can now apply for certification that permits higher capacities than the County’s position on the State COVID dial.

Visit arapahoegov.com/fivestar

Check out our ArapaHeros video on the Arapahoe County Youtube channel.

Visit: https://youtu.be/HaDsqiVldFw

Keep it up Arapahoe!

Looking for some relief?

Resources you depend on—from food, clothing and housing assistance to medical and family services—are available now.

Find what you need by visiting ArapaSOURCE.org

IMPACT YOUR SPACE We listened.

COMMON THEMES & PRIORITIES Protect lands that improve water quality Provide more opportunities for nature outings, cultural events, and environmental and agricultural education Better connectivity between parks and natural spaces, and easier access to open spaces from residential areas

Go to arapahoegov.com/osmasterplan to read the DIVE summary report.

Visit arapahoegov.com/osmasterplan to read the DIVE summary report.

arapahoegov.com

4 The Herald

January 21, 2021J

BRAUCHLER FROM PAGE 1

Brauchler, a Republican, is a lawand-order man, skilled prosecutor, trusted friend, and some believe, destined for higher office. To others, he’s a punitive district attorney, partisan politician, and blind to racial disparities in criminal justice.

Arapahoe County Democrats “are happy to see George Brauchler go,” party chair Kristin Mallory said.

“He definitely doesn’t represent Arapahoe County,” she said.

Douglas County Sheriff Tony Spurlock, a Republican, hopes this is far from the last Colorado has seen of Brauchler.

“I’d like to see that guy as my congressman,” Spurlock said.

Brauchler’s successor, John Kellner, asked him to stay on as special prosecutor for the upcoming STEM School shooting trial. He’ll continue serving part-time on the case, but as of Jan. 12 his eight years as district attorney are over.

One week before leaving office, the term-limited DA stood surrounded by years’ worth of files making their way into moving boxes. Brauchler has packed up and left. Where he’s going remains to be seen.

Big cases, diverse district

State Rep. Tom Sullivan came to know Brauchler in 2012 as the recently elected district attorney took on prosecuting the Aurora theater shooter. Sullivan’s son Alex died on his 27th birthday in the rampage that left 11 more dead.

Former District Attorney George Brauchler will stay on with the 18th Judicial District part-time to help finish the STEM School Highlands Ranch shooting case.

PHOTO BY JESSICA GIBBS

For more than three years, Sullivan’s family worked closely with Brauchler while the case raged on. Since then Sullivan said he’s stepped back to look at the bigger picture of Brauchler’s career.

“He’s pretty much shown that he is a party-over-person legislator of the people,” Sullivan said.

Sullivan, a Democrat, went on from the shooting to flip House District 37 in 2018 and today represents portions of Centennial and unincorporated Arapahoe County.

The two men found themselves at political odds numerous times since, Sullivan said. Sullivan ran for office intent on addressing gun violence and took note when Brauchler advocated against gun control measures he pursued, Sullivan said.

They found some common ground when lawmakers repealed Colorado’s death penalty in 2020.

Brauchler, a Parker resident, has been a staunch supporter of capital punishment, calling it a critical tool

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for holding the “worst of the worst” accountable. He still thinks the repeal should have been sent to a vote of the people rather than decided at the Capitol.

“They were gutless,” Brauchler said.

Sullivan had pleaded with his fellow lawmakers to keep capital punishment on the books.

Despite their shared support on the issue, Brauchler’s unsuccessful pursuit of it in the Aurora theater shooting case remains a point of contention for Sullivan, who is convinced the sole dissenting juror’s mind was made up “on Day 1.” He faults Brauchler’s team for not detecting that.

“They didn’t get the death penalty qualified jury on the case. I mean, it’s as simple as that,” Sullivan said.

That gun violence bookended Brauchler’s tenure — beginning with Aurora, ending with STEM School, and the 2013 Arapahoe High School shooting in-between — is not lost on Sullivan.

The legislator wants a proactive approach to preventing gun violence, he said, but says Brauchler would rather “throw the book at them” once someone commits gun violence.

“He certainly hasn’t made us any safer. He certainly hasn’t done anything to stop that from happening in our community,” Sullivan said.

Brauchler has been asked why his community and surrounding areas have been hit with multiple cases of horrific gun violence. After eight years, the question still confounds him.

His community is filled with good people, he said, adding “I don’t think we are doing anything wrong.”

“I don’t know,” he said. “I truly don’t know. I want to say it’s a function of coincidence.”

‘What he’s built for’

Kellner, also a Republican, said the 18th has taken measures to curb gun violence, like through its “robust juvenile diversion program” that helps reduce recidivism rates and monitoring illegal gun sales.

The new district attorney first met Brauchler more than a decade ago at a military training course. When Brauchler asked him to join the 18th in 2012 and help start up a cold case unit, Kellner said “it was a no brainer.”

As a boss, Brauchler didn’t micromanage his staff, Kellner said. He laid out expectations and set deputies free to make decisions “that we thought were best for our community.”

Kellner said some of his predecessor’s successes were building out problem-solving courts and launching a veteran treatment court,

ventures he expected some district attorneys might pass up.

“He was willing to take those chances,” Kellner said.

Kellner also credited Brauchler as one of the people who influenced what his approach will be to highprofile cases.

“When there is something so impactful in the community, it’s up to the district attorney to be heavily involved and that often means trying the case,” Kellner said.

Working in the courtroom’s trenches also gives district attorneys crucial insight to advise prosecutors on hard cases, Kellner said.

Mallory, the Arapahoe County Democrats chair, said Brauchler missed the mark on some cases that gained widespread attention.

The district attorney’s office announced in January that Aurora police officers who handcuffed a Black family, including young children, at gunpoint after mistaking their vehicle as stolen will not face charges.

“We know JD 18 has refused to prosecute the cops in Aurora who put Black children face-down on hot pavement,” she said. “I think that reflects a failure.”

The office’s report on the incident described the officers’ actions as intolerable and in need of further investigation but not criminal.

Mallory believes Brauchler lacks “a full understanding of how white supremacy plays a role in our criminal justice system.”

Brauchler better represented the district’s other three counties, all Republican strongholds, Mallory said, while Arapahoe County is a working-class community. It’s diverse in terms of culture, religion and race, she said. Douglas, Elbert and Lincoln counties make up the remainder of the district.

Being “tough on crime” is also expensive, she said, as is pursuing the death penalty. In that regard, Brauchler was not financially responsible “or even a conservative DA for us,” she said.

In a word, she describes his approach to being district attorney as “punitive.” People in Arapahoe County need restorative justice that focuses on “root cause of crime,” she said.

Brauchler has been critical of rehabilitation programs but refutes any notion he’s against them.

“You’re talking also to the district attorney of an office that has the largest, most successful juvenile diversion program in the country,” he said. “You’re not talking to someone who is opposed to meaningful paths away from incarceration.”

He said “an increasingly progressive and forgiveness first” state Legislature is taking tools away from law enforcement and making rehabilitation programs too lenient.

Brauchler said the justice system must have predictable and meaningful sentences for offenders, and before that, communities that take responsibility for socioeconomic conditions leading people to crime.

Spurlock hopes Brauchler reaches Congress. He also hopes Brauchler becomes district attorney of the 23rd Judicial District, which will be Colorado’s newest in decades when Douglas, Lincoln and Elbert counties break off from the 18th in 2024.

SEE BRAUCHLER, P15

The Herald 5

1January 21, 2021

BUDGET

Future of city hall unclear

FROM PAGE 1

of the year, Dodd said. The figure includes the impact of money from the federal CARES Act — a relief bill Congress passed in response to the pandemic. Without that, the city’s revenues would have stood about 5.8% above average, Dodd said.

Compared to the previous year, Englewood’s sales- and use-tax revenue was “relatively flat,” said Jennifer Nolan, the city’s revenue and budget manager. Englewood may not have a fuller picture of the pandemic’s economic impact until March, Nolan added.

“The one area we did (take) a major hit was in our recreation services area, and that’s to be expected,” Nolan said, noting that recreation facilities were closed amid coronavirus restrictions in Colorado.

Englewood’s ability to weather the pandemic likely lies in its unique features, city officials explained. For example, Englewood isn’t dependent on tourism dollars because it doesn’t have a large hotel and thus is “not a destination place where (many) people would stop and stay,” Nolan said — so the city didn’t have to take a hit on tourism amid the

Passengers depart a train at the Englewood light rail station on Jan. 16. A short walk away, the city may build a pedestrian bridge over Santa Fe Drive in the coming years, according to Englewood’s 2021 budget. It’s intended to “provide a direct connection to the South Platte River Trail” from the light rail station and “enhance connections to the redeveloping central portion of the community from the PHOTO BY ELLIS ARNOLD west,” the budget document says.

pandemic.

The city created a few grants and assistance programs to help businesses through the pandemic’s challenges, and Englewood residents supported local businesses, Dodd said.

That’s reflected in the city’s relatively high sales-anduse tax revenues through restaurants, Nolan added.

Also a factor: “The diversity of our economy, which includes a lot of ‘essential’ businesses that remained

open,” said Chris Harguth, city spokesman.

Some cuts necessary

The city did make some maneuvers to adjust to the pandemic’s effects, identifying “significant” budget

cuts and adjustments that totaled $1.7 million, according to the winter issue of the Englewood Citizen magazine, a city-produced publication.

SEE BUDGET, P6

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January 21, 2021J

BUDGET FROM PAGE 5

The cuts included a recommendation to city council for four furlough days for all city employees during 2021, amounting to a $360,000 cost reduction.

The first furlough day is scheduled for mid-February, and depending on how the city’s revenue looks as the year unfolds, it may not need to move forward with all four days, Dodd said.

Some unspecified program cuts or deferrals made for a modest savings — roughly $150,000 — and a reduction in “other operating expenses” netted the city nearly $452,000, according to the magazine.

Englewood also reached into its “fund balance” — essentially money the city has saved up over the years — partly to cover the shortfall in its parks and recreation department.

“But we also made the conscious decision to dip into our fund balance for (infrastructure) projects for parks and recreation for parks improvement and irrigation projects,” which total $3 million, Nolan said.

Weighing need for more tax revenue

For several years, talk of the “fiscal cliff ” — where Englewood’s spending will consistently outweigh the money it takes in — has colored budget discussions in the city.

Englewood’s 2021 budget notes that “sales and use tax represents

approximately 61% of the general fund’s total sources of funds.” The city’s general fund supports a wide range of items such as police and fire response, parks and recreation, the library and others.

The problem is that sales and use tax “is volatile and tends to expand when the economy is growing and contracts as the economy slows,” the budget says.

Meanwhile, property tax is approximately 9% of the general fund’s sources. “The general fund’s mill levy rate of 5.88 was last changed in 1992,” the budget adds.

A mill levy is a term for a tax rate.

On top of that, “the delay of infrastructure projects is also looming,” the budget says. “The city has been in ‘maintenance mode’ for several years, but eventually, the replacement of major structures will need to be addressed.”

Decades ago, Englewood’s financial success largely rested on Cinderella City, a shopping mall of more than 1 million square feet that had been built on Englewood’s former city park. It opened in 1968 amid much media hype, and in 1974, it raked in just over half of Englewood’s total sales tax revenue. But competition from new malls like Southwest Plaza led to a decline, and after a late-1990s demolition, the site was redeveloped into today’s CityCenter Englewood shopping site — the area around city hall and Walmart.

“Cinderella City mall was the cash cow for the city, and many of our services were built based on that sales revenue generation,” Nolan said. Although the city took

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Budget basics

a hit with the loss of the mall, the onset of businesses making sales over the internet has also provided the city some sales tax revenue, she added.

Still, the need for new revenue remains, and the city plans to have discussions on how to fill the gaps.

Officials plan to take “a deep dive into our revenues with a goal of evaluating them and looking at what the long-term plan can and should be,” Dodd said. He added that Englewood wants to look at best practices from other cities.

“Eventually, we will be bumping up against our main source of revenue and will need to look for other revenue sources or ask citizens to contribute more via property tax or sales and use tax,” Nolan said.

One big step the city has taken is raising its fees for utilities.

Stormwater, other utility rates increase

The city’s revenue from all sources “is estimated to grow in 2021 by 31.7% over current 2020 estimates due in large part to utility increases to fund badly needed infrastructure upgrades,” the budget says.

That may be welcome news to those who remember the summer 2018 flood that took a woman’s life in a storm the city at the time acknowledged it was ill-prepared to withstand.

The new rates include the following: • The stormwater utility fee, which is quarterly, increases by $10.68, from $20.13 to $30.81; • Regarding the water utility rate, the city “incorporates a 4% rate” plus a $15 per month infrastructure “investment” fee increase;

• A 4.5% rate increase is anticipated for the 2021 Sewer Fund budget; • And the concrete utility rate increases by $.0375, from $.1225 to $.1600, per square foot of sidewalk or curb and gutter.

For Englewood families, that means that taken together, the utility rate increases for 2021 will cost roughly $22 more per month or $262 per year compared to 2020, on average, Nolan said.

From a city’s standpoint, “if you delay projects, they will cost you more in the future the longer you delay them,” Nolan added.

The spotlight fell on Englewood’s storm-drain system after the July 2018 flood that displaced several and affected at least 25 housing units in the city. Englewood’s storm-drain system was built in the 1950s to 1970s, according to a city staff report at the time.

One of the city’s goals is to “reduce the number of structures at risk of flooding in a 25-year storm event by 20%,” the budget said, using a term for a storm that has a 4% chance of occurring in any given year. Those are more common that a “100-year” storm, meaning a storm that has a 1% chance of occurring in any given year.

The city has said the July 2018 storm’s severity was associated with a 50- to 100-year event, meaning a storm of that magnitude has a 1% to 2% chance of happening in any given year.

On another aspect of water issues, the city writes of “a formal evaluation” of its Allen Water Treatment Plant “to assess and optimize current processes (and) assess taste and odor issues,” the budget says.

The Herald 7

1January 21, 2021

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8 The Herald

B

LOCAL

January 21, 2021J

VOICES

Animal adoption agencies seeing a doggone frenzy

ecause of the pandemic, which of the following is way up nationwide?

Average per-person daily intake of calories from sugar?

QUIET Trips to the liquor DESPERATION store?

Pet adoption?

I don’t have the facts in front of me about calories and alcohol, just the assumption that both are true.

There are facts, however, that show Craig Marshall pet adoption in the Smith past year was not only way up but highly competitive.

Adoption agencies all over the country are experiencing something unique: They’re running out of pets; some have seen double the requests for dogs since the pandemic came along.

This is good news, but it comes with some bad news and an advisory (from me).

According to the Better Busi-

ness Bureau, “The number of complaints about fraudulent and nonexistent breeders has never been higher.”

At times, humans are an industriously evil lot.

If there’s a market value in deception, mankind will find it.

Dogs, cats, birds, fish, and even ferrets are “going like hotcakes,” said one operator of an animal shelter in Maryland.

Why? I don’t have room to go through all of the reasons why Harry enhances my life and makes it worth waking up every morning and chewing (as Emo Phillips said) through the leather straps.

Today, 35.7 million Americans live alone. When quarantined, that’s a lot of solitary souls trying to make the best of it — psychologically.

I can’t think of anything better than spending the day with Harry.

I’d take him over Audrey Hepburn.

And that would have been true before “social distancing.”

On January 6, like everyone else, I watched the horrific events unfold in Washington, D.C., glued to the

LETTERS TO THE EDITOR Account for officers

Given the large number of reports and identifications of law enforcement officers who traveled to D.C. and participated in the seditious assault upon the Capitol, shouldn’t all law enforcement agencies in Colorado provide an accounting to the public of their personnel (to include volunteers, e.g. community service volunteers and reserve officers) on that day to provide assurance that none traveled to D.C. to participate in the terrorist assault on our nation’s Capitol?

And given the extensive national effort by thousands of Trump supporters that was put into the lawlessness in D.C., and the significant amount of chatter on web pages and social media, shouldn’t all Colorado law enforcement agencies put the FBI’s dedicated tip line for the Capitol Hill assault on their website homepages so that citizens can provide any information that they might have regarding the terrorists that participated in, or aided and abetted, one of the worst crimes in American history?

Robert C. Marshall Highlands Ranch Two different kinds of protests

In the aftermath of the recent riot at the United States Capitol, the nation is left divided over what some argue to be acting upon their First Amendment right, and what others view as a true act of domestic SEE LETTERS, P9

A publication of

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screen and mesmerized, revolted, saddened and disgusted.

Harry?

Harry came to me with a leash in his mouth.

Three of my friends adopted cats last year and they weren’t random acts: Each had owned cats in the past.

The advisory I mentioned is just this: Pets, especially dogs, require time, money, and commitment — and respect.

Harry’s annual Wellness Exam is coming up. He’s on a prescription diet. His teeth have to be cleaned.

Dog ownership isn’t what it once was.

The American Pet Products Association estimated we spent $99 billion on pet industry expenditures in 2020.

Some of that might include stupid hats and costumes, but the majority went to food, training, and medical care.

Although Hexe, my boyhood dachshund, was loved, she was treated very differently than I treat Harry. Dogs were, well, dogs back then. Now they are important mem-

bers of the family.

In the absence of a family, Harry is my son. His well-being is my well-being.

Experts warn that “adoptions should not be spontaneous,” but there probably were a few of those.

Research beforehand helps. There are sites (adoptapet.com, for example) that will help you determine which (breed) dog is best for you.

As great as dachshunds are, they’re not for everyone. Some of you may remember Smitty. He was adopted, at the age of 5, from the great, no-kill MaxFund Shelter in Denver.

I was his third owner. It’s my understanding he may have nipped a child who was playing too aggressively with Smitty when he was a puppy.

Please: Do your homework.

Mark Twain said, “The dog is a gentleman; I hope to go to his heaven, not man’s.”

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

The grand illusion in the land of confusion

M

usic just seems to have a way of connecting us with feelings of inspiration, motivation, adventure, romance, sorrow, and love. We WINNING can remember WORDS where we were the first time we heard those songs, and the people or person that we were with, and how we experienced the music.

Michael Norton Dating myself here as I share that I am a little stuck in the ‘70s and early ‘80s when it comes to my preferred genre of music. My playlists for working out, walking, or skiing are a collection of my favorite songs from that era.

This week, as I was listening to one of my playlists, I found the irony and prophetic wisdom in a couple of the songs that made it into my mix. The

first was Styx, “The Grand Illusion,” and the song that followed was Genesis, “Land of Confusion.” I asked myself: “Irony or prophecy?”

Styx’s “The Grand Illusion” lyrics caught my attention: “Welcome to the grand illusion, come on in and see what’s happening, pay the price, get your ticket for the show.”

It made me think of everything that has been going on in our country. The points of view, posts, political speeches, censorship and what the news covers and does not cover.

And just how serious of a situation we are in no matter what side we fall out on. And in the situations that we are finding ourselves in could well be described as the grand illusion that appears in our news and social media each day. Are we believing in the magic of the spin doctors on all sides and at every level, so much so, that we cannot determine what is real?

Genesis’ “The Land of Con-

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fusion.” This was a unique political song for Genesis.

It refers to the thinking of world leaders at the time, specifically the United States and Russia. And on the heels of the Styx song mentioned above, “The Land of Confusion” filled my ears and my heart with the recognizable beat and lyrics. And as the song played, as loud as I could get it to play, I found myself anticipating and waiting for a particular part of the song, “There’s too many men, too many people, making too many problems, and not much love to go-’round, can’t you see this is the land of confusion.” Could it be any more spot-on today, especially considering that it was released in 1986? We need more love to go-’round.

As we all come to the same conclusion that it is an illusion and it is confusion, we will find ourselves thinking, “Now what?” For those of us

Columnists & Guest Commentaries Columnist opinions are not necessarily those of the Herald.

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

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

SEE NORTON, P9

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The Herald 9

1January 21, 2021

New year, new possibilities

A

new year is upon us and 2020 is but a bad memory.

It is important though, to learn what we can from the events of last year, to better prepare for any opportunities in 2021 FINANCIAL and beyond.

STRATEGIES It is hard to believe that a pandemic that hit the United States early last year will still be with us in full force a year later. This is a good example of what it feels like to plan for the unPatricia Kummer known, and why it is so important to do so.

Last year was riddled with many issues: economies shutting down, overrun hospitals, businesses closing, job loss, social unrest and political turmoil, just to name a few.

And many of these issues played out in the stock market, causing a significant correction, bear market and unprecedented recovery. These are all virtually impossible to plan for. Therefore, every plan should have flexibility for the unknowns

LETTERS FROM PAGE 8

terrorism. This division has been demonstrated heavily by news coverage, social media, and other forms of communication. I am writing to give my perspective on the issue.

My stance on the topic at hand became apparent when I was able to compare and contrast the events of the Black Lives Matter protests this summer and the protests that took place recently at the Capitol.

The difference that proved vital for me in these two events of protest were the motives that fueled the actions of the demonstrations.

The Black Lives Matter protests were carried out by a heavily marginalized group and those who

NORTON FROM PAGE 8

not caught up in the mania that is taking place, we wonder how we should respond, what can we do, how do we live, work, and play amidst the illusion and confusion?

Here is the answer, just as we have seen magic shows and magicians live or on television, and then we get to see the hacks from behind the scenes, we are entertained for sure, but we accept it at face value.

It is magic. So, when we think of the grand illusion let’s look for the hack and the reality. Not trusting those who are trying to convince us through emotion but looking through the illusion and confusion by using our good judgment and common sense to draw our own conclusions.

One last song lyric from a tune

you cannot predict. Even for those who thought they could predict how the market would behave in these situations, many were wrong, and missed out on the strongest recovery in history.¹ Let’s look at the lessons learned here so we can be better stewards of our resources going forward.

• Trying to time the market almost never works. Remember the old adage, it is time in the market, not timing the market that brings the best results. March 2020 was a perfect example. Although we had a significant and quick decline, we had an equally significant and fast recovery.

• Emergency reserves are crucial at all times. The unemployment rate skyrocketed on a moment’s notice. Businesses were closing all year long, and the decline in the services sector was virtually impossible to predict. Having cash emergency reserves for at least six months’ living expenses may have been the difference in keeping your house, car and investments intact.

• Diversification is essential. Most investors wanted more cash and bonds in March but then drastically

concurred with their message. The chant for equality, “Black Lives Matter,” rang through the heads of Americans as we saw countless valiant efforts of underrepresented citizens fight for their voice and reject the unethical murders of those in their community. These protests led to the destruction of property and violence as many asked, “how can we harness the attention of those fit to incite change?”

In juxtaposition, the protesters at the Capitol brought violence and damage to our nation’s home.

Their reasoning was disrupting our nation’s democratic processes, under the guidance of the country’s leading firebrand, provoking and encouraging this ill-conceived behavior along the way.

Thomas Romano Parker

by the Moody Blues, “Late Lament.” Consistent with using good judgment and common sense, we remember the lyric in this Moody Blues’ classic, “But we decide which is right, and which is an illusion.”

How about you? Are there songs that remind you of certain times in your life? Do those songs resonate with you today based on the world we are living in? There are so many great classics from yesteryear that are just so relevant today and I would love to hear your favorites at mnorton@tramazing. com. And when we can work our way through the grand illusion and the land of confusion, it really will be a better than good year.

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.

wished they had more equities the rest of the year. This teaches us that proper diversification, based on your time frame, risk tolerance and income needs, is crucial all year long. When you have the right mix of conservative and growth investments, you can take distributions from the lower-risk assets and let the growth assets compound for longer periods of time, potentially helping offset future inflation.

• Don’t let emotions or politics drive your investment decisions.

Many investors and advisors alike thought the stock market would be negative in 2020. This concern started off with impeachment news without much concern (at that time) that we couldn’t avoid the pandemic quickly. Also trying to guess how an election year would affect the stock market can be a hopeless task. Many learned that lesson in 2016 as well.

• Bad times can create opportunity. Warren Buffett put it best when he said, “Be fearful when others are greedy, and greedy when others are fearful.” Don’t underestimate innovation during difficult times.

There are many other reasons to be prepared and prudent, but the

main message is to build a flexible financial plan. Start with the basics, such as emergency reserves and proper portfolio design. Don’t get caught up in the hype, which you can now see was not beneficial during 2020.

Start the new year with goals to keep your plan current, review your portfolio, plan for taxes, update your estate plan and prepare for the unexpected. We believe these simple steps can better position you to handle future unknowns.

1. Barron’s — The S&P 500 Is Trading Near an All-Time High. It’s the Fastest Recovery Ever.

Patricia Kummer has been a Certified Financial Planner professional and a fiduciary for over 35 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.

In Loving Memory Place an Obituary for Your Loved One. Private 303-566-4100 Obituaries@ColoradoCommunityMedia.com

Funeral Homes Visit: www.memoriams.com

10 The Herald

January 21, 2021J

LOCAL

LIFE

WORD ON THE HEAT:

Forget the controversy, enjoy your chiles

Green chile is region’s signature food, with no shortage of controversy

BY BOB WOOLEY BWOOLEY@COLORADOCOMMUNITYMEDIA.COM

H

atch, Pueblo, Anaheim or an upstart from Greeley — Coloradans have differences of opinion on who grows green chiles best. But when it comes to the state’s love for the spicy fruit (yes, fruit), there’s not much debate to be found.

What you can find, almost everywhere, are green chile burgers, green chile burritos, green chiles in chocolate and wine. There’s green chile salsa, green chile sausages, chips with green chile and lime. But according to Eddie V., (last name withheld) originally from Pueblo, but calling Denver home for decades, for the true connoisseur, a bowl of green chile with a side of warm flour tortillas is all you’ll ever need.

New Mexico, let’s face it, is the 800-pound gorilla in the green chile game, with the tiny village of Hatch creating a smoky mystique from coast to coast. But Colorado has been making a respectable showing with the Mirasol, or Mosco chile, aka the Pueblo chile, grown in, you guessed it, Pueblo.

To say green chiles are popular in the city of Pueblo would be a notable understatement. Home to the Chile and Frijoles Festival, and perennial but friendly foe of the folks down in Hatch, the Southern Colorado city can claim serious chile cred. But about four hours north and a little bit east, Greeley is trying to get a piece of the action.

“My mother grew up on a farm, and wanted a produce stand when she was a child, and her dad said no. Then, when she got married, she still wanted one, and my father said no. When he died, she told my brother she wanted one, and he asked me what we should do, and I said: ‘Build her a produce stand!” said Tigges Farm’s Kathy Rickart.

Rickart comes from a Greeley family farm that goes back three generations. Pumpkins are the big cash crop at Tigges Farm, but if she has her way, Northern Colorado will, some day, compete with Pueblo for green chile glory — maybe even with Hatch. Rickart, with a background in 4-H education, developed her love of the green chile while spending seven years living and working in Bernalillo County, New Mexico. Her brother, Kenneth Tigges, was running the family farm at that point — growing chiles without much local demand, when a neighbor told him he needed to start roasting them onsite, which was a game-changer.

In 2008, Rickart’s mother passed away. At that time, Rickart, her sister, Gale, and her brother officially

Tommyknockers Green Chile Lager at a PHOTO BY BOB WOOLEY Lakewood retailer.

An employee working the Santiago’s take-out window smiles for the camera at the PHOTO BY BOB WOOLEY company’s Brighton location.

took over the farm. They planted 5,000 chile plants that year. They’ve since quadrupled that number, and Rickart has sought out every bit of knowledge about green chiles she can find. Last year, even amid the COVID-19 pandemic, which she said gave them their share of difficulties, her farm sold out of chiles, Sahuaro by name, completely. The season is shorter up north than in the warmer climes of New Mexico, so don’t dawdle if you aim to try a Greeley chile in the fall.

“As soon as we get the hard freezes, it puts an end to the season,” Rickart said. “Mother Nature rules, from beginning to end.”

The fabled Santiago’s

Carmen Morales knows a few things about green chile, and green chiles. Morales founded Santiago’s.

Her mother’s green chile recipe put the restaurant on the metro area’s culinary map 30 years ago. Now, with more than 28 locations, Santiago’s is virtually synonymous with breakfast burritos. But the green chile, she said, still reigns supreme.

Morales’ parents were originally from New Mexico, where she said her mom learned to cook.

“My dad had to have green chile at every meal or he would refuse to

eat,” she said. “To him, it wasn’t really a meal without it.”

So, her mom would make it from scratch every day. Morales said that scratch kitchen tradition continues to this day at every Santiago’s location. And when you see the numbers — the sheer volume of product they’re creating — it puts into perspective, what a massive undertaking it is.

“One year we purchased 1.8 million pounds of green chiles,” Morales said, “and sold 1.36 million gallons of green chile.”

Santiago’s gets all of those green chiles from Salem, New Mexico, not the storied Hatch. Morales says the farm they buy from is the only one they’ve found capable of producing what her restaurants need.

Santiago’s celebrated the 30th anniversary of their flagship location in Brighton earlier this month.

On the topic of things that are wildly popular in this state, Tommyknocker has been brewing craft beer in Idaho Springs for 26 years.

Brewmaster Steve Indrehus has been there the entire time, creating beer with hints of chocolate, pumpkin and citrus, but a mainstay, and the No. 2 seller in the lineup, is their Green Chile Lager. Other breweries make chile brews too, but Indrehus

Kathy Rickart, Kenneth Tigges and Gale Loeffler of Tigges Farm in Greeley.

COURTESY OF KATHY RICKART

thinks drinkability is what sets Tommyknocker’s apart from the rest.

“A lot of the others are really hot and in the novelty category,” he said.

“Ours has green chile flavor and warmth, but it’s drinkable. We want people to drink one and want another, not get burned up by too much spice, too much alcohol — everything comes together to make a really nice balanced beer.”

Indrehus said it takes about 100 pounds of chiles — a blend of mild and hot Anaheims — to make every batch of lager.

Scented, not spicy

Beer’s not your bag? Green chile lovers who prefer a touch of the grape, rejoice.

Lescombes Vineyard has you covered. The New Mexico winery has been making Hatch Green Chile Wine since the late 1980s. Sandra Pacheco, national sales director at Lescombes, said the wine isn’t spicy.

“It’s more in the bouquet,” she said. “You’re getting the heat from the aroma, like the essence of a roasted chile, in the nose of the wine.”

Several stores in the metro area stock Hatch Green Chile Wine, if you’re so inclined.

The Herald 11

1January 21, 2021

‘Apron Chronicles’ exhibit coming to end of journey

H

istory Colorado at 1200 Broadway in Denver is a wonderful spot for family (or individual) visits on a winter — or actually, any — day. Exhibits take you back to the state’s years-ago history as well as slices of life today, SONYA’S or perhaps just yesterSAMPLER day. “Apron Chronicles,” which runs Jan. 23 to May 9 this year, is subtitled “A Patchwork of American RecolSonya Ellingboe lections” (prompted by aprons), and the traveling show is ending a 16-year journey across the nation.

It includes photographs, personal narratives and of course, fabric examples.

Open Monday-Sunday from 10 a.m. to 5 p.m. Members free, other admissions costs vary. 303-447-8679, historycolorado.org.

online checkout to receive free admission. Reserve in advance: admission by phone and web orders only, 303-832-8576 or www.kirklandmuseum.org.

Book club

We learned of the House Museum Book Club. Join the Molly Brown House and the Center for Colorado Women’s History (Evans House) in a collaborative book club. Free, meets on a Sunday in the even-numbered months of 2021, from 12:30 to 2 p.m. See History Colorado (www.historycolorado.org/house-museumbook-club) for titles, starting Feb. 7 with “Sweet Freedom’s Plains” by Shirley Ann Wilson Moore.

Call for artists

The Denver Art Museum has put out a call for artists’ proposals for a large-scale mural for reopening of the reimagined Martin Building and Sie Welcome Center.

It will tell a story of the Denver metro area’s vibrant art scene, be about 12 X 28 feet and welcome visitors ... Budgeted at $10,000 plus supplemental materials budget. Additional support for installation provided by the museum. Deadline is Feb. 12 at 11:59 p.m. Zoom session

JCC interactive lecture

Ada Florence Ashford, 95, is shown in her kitchen wearing the apron she put on first thing each morning in this 2004 photo by Kristina Loggia, part of the “Apron Chronicles” exhibit opening Jan. 23 at HisCOURTESY PHOTO tory Colorado.

Jan. 27 at 5:30 p.m. See RFP on the DAM website, www. denverartmuseum.org.

Piano recital

Pianist David Korevaar will perform a solo recital at 7:30 p.m. on Jan. 26 at University of Colorado’s Grusin Hall. The program is called “Variations Fantastiques,” a journey through keyboard music from the Italian Renaissance to the Harlem Renaissance, with works by

Frescobaldi, C.P.E. Bach, Mozart, Clara and Robert Schumann and Margaret Bonds. It will be streamed live by cupresents.org. Pay as you can.

Kirkland Museum

Kirkland Museum in downtown Denver offers members free access to the Clyfford Still Museum across Bannock Street from Jan. 15 to 31. Use discount code BANNOCK during

JCC Mizel Arts and Cultural Center at 350 S. Dahlia St., Denver, continues events with a social justice theme.

Next: On March 24 at 7 p.m., African-American Jewish food historian and James Beard-winning author Michael Twitty will host an interactive lecture in advance of Passover about the shared narratives of diaspora and exodus between African-American and Jewish communities.

Opera competition

On March 20, the Denver Lyric Opera Guild will hold the 2021 final competition for young opera singers.

Details on the live-streamed afternoon competition will be coming up on the guild’s website at www.denverlyricoperaguild.org/2021-competition.

Virtual play gives every seat a good view ‘A Gentleman’s Guide to Love & Murder’ will be streamed online

BY SONYA ELLINGBOE SELLINGBOE@COLORADOCOMMUNITYMEDIA.COM

As lights go up, young Monty D’Ysquith (Matt LaFontaine) has a visitor, a washerwoman — friend to his late mother — who informs him that he is ninth in line among the D’Ysquith heirs to the earldom of Highhurst, due to his mother’s romantic encounter with a Spanish musician and her subsequent disowning by the snooty family.

Hmmm....!

Aaron Szindler appears as the D’Ysquith Family — an especially

cleverly written part of the script — one needs to pay attention! Sibella is played by Jennasea Pearce, Phoebe by Mica DominguezRobinson, Miss Shingle by veteran actress LuAnn Buckstein, and Willa Bograd plays Miss Barley and other assorted characters.

Monty is in jail, writing his memoirs, and we begin to learn of his ascent to that earldom ...

He was in love with haughty Miss Sibella Hallward, who has rejected him, due to his humble station in life ... A plot develops in his mind ... what if he were the earl??? (Eight people would have to die first.)

That’s the story that launches “A Gentleman’s Guide to Love & Murder,” a musical written by Robert L. Freedman, with book and lyrics

by Stephen Lutvak, based on a

novel by Roy Horniman.

Matthew Kepler directs this funny musical for Town Hall Arts Center in Littleton, and tickets are on sale for a pair of online performances, streamed to your homes at 7:30 p.m. Jan. 29 and 30. See Town Hall’s website for connection to tickets. ($15 and up — pay what you can. TownHallArtsCenter.org.)

The clever commoner visits the family castle meeting the current Earl, Reverend Lord Lord Adelbert D’Ysquith, and gets a rundown on the family, including talks with the ancestors on the wall! (My favorite part!) The current earl is rude and chases him out.

Monty gets a job in the family banking business and begins to plot.

Starting with the elderly Reverend Lord Ezekial D’Ysquith, fam-

ily members begin to disappear in fairly ingenious — and individual ways ... a song and hilarious miniplot accompanies each departure.

Lady Hyacinth D’Ysquith is a bit of a challenge, until Monty sends her to visit a cannibal tribe ... Beekeeper Lord Henry is scented with lavender and stung to death.

Monty continues to pursue the now-married Sibella and other family members meet carefully planned fates.

Act Two begins with “Why are All the D’Yquiths Dying?” and proceeds with an encore of “Poison in my Pocket ...”

We, of course, wish we could enjoy this in one of Town Hall’s cozy theater seats, but This sounds like a better than usual way to spend a Friday or Saturday night to me ...

Enjoy!

To advertise your place of worship in this section, Serving the southeast Denver area

Castle Rock/Franktown

Greenwood Village

call Erin at 303-566-4074 or email eaddenbrooke@ColoradoCommunityMedia.com Parker

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Advertise Your Place of Worship

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WORLD MISSION CHURCH (KOREAN CHURCH)

7249 E. Park Dr. Franktown, CO TIME: 10:30 PM PHONE: 303-688-1004 ENGLISH TRANSLATION

EVERYONE IS WELCOME!

Congregation Beth Shalom Serving the Southeast Denver area

Call or check our website for information on services and social events! www.cbsdenver.org

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Please check our Website for details about Sunday Services. www.CSLParker.org

12 The Herald

January 21, 2021J

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The Herald 13

1January 21, 2021

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14 The Herald

January 21, 2021J

LOCAL

SPORTS

Basketball season will look different Pandemic means nothing is sure, but plans are in place to move forward

BY JIM BENTON JBENTON@COLORADOCOMMUNITYMEDIA.COM

There is to be a 2021 Colorado high school basketball season — although nothing is certain during the COVID-19 pandemic.

Basketball practices for boys and girls were to begin on Jan. 18 and competition had the go-ahead to start on Jan. 25, but the season will definitely look and be different.

The Colorado High School Activities Association gained a variance from the state and Colorado Department of Public Health and Environment to allow 24 total players on a team, plus coaches and trainers.

Modifications were announced for the upcoming season and masks must be worn by players during games. There will be a 14-game regular season in all classes. Postseason play in Class 3A will have a 24-team bracket, with 32-team brackets in Class 4A and 5A. Players will be limited to 76 total quarters in the season, exclusive of overtime and postseason games. There will be no

consolation games during the 2021 state tournaments, which are now scheduled for March 19-20.

League champions automatically qualify for postseason play, and the CHSAA Seeding Index will determine at-large qualifiers.

“I do think that most coaches are just thrilled for the kids that they will get to play,” said Rock Canyon girls coach Becky Mudd.

Boys coaches that responded to questions favored Valor Christian, ThunderRidge and Regis Jesuit as the top teams in the south metro area, which includes the Douglas County and Littleton public schools, some Cherry Creek schools, plus Valor Christian and Lutheran high schools.

Valor Christian has Amondo Miller, AJ Kula and DJ Burrage coming back off last year’s 20-6 team that made the CHSAA’s Final Four before the season was canceled because of COVID concerns.

ThunderRidge has good size with Zack Keller and Joey Bilello and depth and leadership from Nolan Marold and Garrett Arnold. Regis will once again be a tough squad to handle with the senior guidance of Ty Bergman, Mike Wolfe, Blakeley Stoughton and Alonzo Paul.

Cherry Creek, led by last season’s top 5A scorer in Julian Hammond and Myles Purchase, will be a boys

team to watch while Ben Bowen and Mountain Vista could have another strong team.

Lutheran will have one of the highly regarded boys teams in Class 3A. Grandview, Regis Jesuit, Valor Christian and Highlands Ranch are among the south metro area’s preseason most prominent girls teams.

The Grandview Wolves return 6-foot-7 Lauren Betts, last season’s leading 5A rebounder with a 11.2 average and who also scored 17.8 points per game, along with Addison O’Grady and Marya Hudgins to form a strong nucleus. Regis is led

by Avery Van Sickle, and the Raiders will be another team that will be feared. Valor has lost Reagan Beers to an ACL injury but Kindyll Wetta, Jenna Siebert, Haley Huard and Skyler Boylan will provide the Eagles with abundant talent to go far in the playoffs. Highlands Ranch will be without Taylor Ray, who is in a battle against cancer, but the Falcons return Payton Muma to help form the foundation for a competitive team.

A few of the top returning boys south metro players are Hammond (Cherry Creek), Miller (Valor Christian), Baye Fall (Lutheran), Bowen (Mountain Vista), Terrance Ferguson (Heritage), Bergman (Regis Jesuit), Jalen Weaver

(Smoky Hill), Marold (ThunderRidge), Kula (Valor Christian), Purchase (Cherry Creek), Nate Gravagno (Englewood), Jaeton Hackley (Douglas County), Wolf (Regis Jesuit), Keller (ThunderRidge), Braden Boley (Chaparral), Tanner Lamb (Legend), Stoughton (Regis Jesuit), Arnold (ThunderRidge), Tommy Apodaca (Lutheran) , Garrett Siebert (Legend), Paul (Regis Jesuit), Bilello (ThunderRidge), Sean Evans (Legend), Jason Simental (ThunderRidge) and Reid Fornstrom (Littleton).

A list of some of the top south metro returning girls players includes Muma (Highlands Ranch), Van Sickle (Regis Jesuit), Wetta (Valor Christian), Siebert (Valor Christian), Betts (Grandview), Makena Vetter (Rock Canyon), Stephanie Schultz (Lutheran), O’Grady (Grandview), Liberty Line (Ponderosa), Trinity Grambush (Smoky Jill), Kacee Kyle (Cherry Creek), Avery Bang (Chaparral), Kinzie Whitehead (Legend), Boylan (Valor Christian), Hudgins (Grandview), Huard (Valor Christian), Jordan Johnson (Regis Jesuit), Abby Wrede (Cherry Creek), Sam Crispe (Arapahoe), Alex Pirog (Highlands Ranch), Samantha Jones (Regis Jesuit), Leaya McKinney (Castle View) and Payton Bang (Chaparral).

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The Herald 15

1January 21, 2021

BRAUCHLER FROM PAGE 4

“That’s what he’s built for,” Spurlock said.

He has made many after-hours call to Brauchler when crisis struck.

The district attorney stood by him as a guide and personal friend during the most traumatic moments for Spurlock since he became sheriff, Spurlock said.

When a gunman opened fire on several of his deputies, killing Deputy Zackari Parrish on New Year’s Eve in 2017, Brauchler rushed to the scene, arriving shortly after law enforcement confirmed Parrish’s death.

“The emotion that was there in the parking lot, the sense of loss and grief,” Brauchler said.

The district attorney was outof-state when the STEM School shooting unfolded, but immediately boarded a plane home when Spurlock phoned with the news.

“He was not afraid to get out of bed in the middle of the night and come to a major scene and be there and provide guidance and support, and law enforcement loved him for that,” Spurlock said.

Brauchler put an emphasis on getting justice for victims, Spurlock said, in the courtroom and in other stages of criminal justice as well.

Spurlock credited Brauchler as instrumental in opening the Unified

Metropolitan Forensic Crime Laboratory in 2018, hailed as one solution to shortening evidence-processing backlogs at the state lab.

Brauchler was also guided by “what was just and right,” Spurlock said, and didn’t prosecute based on politics. He called Brauchler “one of the fairest guys that I had ever come across in the DA (role).”

“We never had the discussion of politics, of well, what is the political landscape of this if we do this or that,” Spurlock said.

C R O S SWO R D P U Z Z L E

‘Blink of an eye’

The district has had “more than its share of big cases,” Brauchler said. The work never feels done.

Leaving the job was surreal.

“You take for granted how that constant pressure and that constant vigilance to stay on top of cases,” he said, “makes the time go by in the blink of an eye.”

Brauchler, 51, says he does not know what his next job will be. Staying on the STEM case, a “personal and professional” priority for him, made committing to a new role difficult.

He might join a law firm. Holding elected office still interests him too, although the political climate today feels “super negative and so, super tribal,” Brauchler said, and he’s keenly aware Colorado is less purple than it once was. For now, he’s weighing his options.

“I am just old enough now to recognize that my unbridled ambition,” he said, “needs to be tempered.”

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January 21, 2021J

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The Herald 17

1January 21, 2021

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January 21, 2021J

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The Herald 19

1January 21, 2021

P L A C E A D S O N L I N E 2 4 / 7 AT

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20 The Herald

January 21, 2021J

www.ColoradoCommunityMedia.com/Notices

PUBLIC NOTICES

Public Notices call Sheree 303.566.4088 Legals Public Trustees COMBINED NOTICE - RESTART - PUBLICATION CRS §38-38-109(2)(b)(II) FORECLOSURE SALE NO. 0455-2019 Republished to restart foreclosure stayed by bankruptcy and reset sale date.

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On October 27, 2020, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records.

Original Grantor(s) CENTENNIAL HOTEL,LLC, A COLORADO LIMITED LIABILITY COMPANY Original Beneficiary(ies) WELLS FARGO BANK, NATIONAL ASSOCIATION Current Holder of Evidence of Debt WELLS FARGO BANK, NATIONAL ASSOCIATION Date of Deed of Trust April 30, 2013 County of Recording Arapahoe Recording Date of Deed of Trust May 02, 2013 Recording Information (Reception No. and/or Book/Page No.) D3054750 Original Principal Amount $1,806,000.00 Outstanding Principal Balance $1,444,664.36 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" Also known by street and number as: 7770 S. PEORIA ST., ENGLEWOOD, CO 80112.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 02/24/2021, at The East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 12/31/2020 Last Publication: 1/28/2021 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 10/27/2020 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Drew P. Fein #48950 Rachel H Connor #50831 Neal K. Dunning #10181 Douglas W Brown #10429 Brown Dunning Walker Fein PC 2000 S. Colorado Blvd., Tower Two, Suite 700, Denver, CO 80222 (303) 329-3363 Attorney File # 3942-028 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 0455-2019 EXHIBIT A LEGAL DESCRIPTION The land referred to herein below is situated in the County of Arapahoe, State of Colorado, and is described as follows: A leasehold as created by that certain Second Amended and Restated Ground Lease and Agreement dated January 25, 2010, as amended by First Amendment to the Second Amended and Restat-

ed Ground Lease and Agreement dated May 13, 2010, executed by Arapahoe County Public Airport Authority, “Authority”, and Centennial Hotel, LLC, a Colorado limited liability company, "Lessee", as referenced in document entitled ‘Memorandum and Notice of Second Amended and Restated Hotel Ground Lease and Agreement’ which was recorded January 27, 2010 under D0008428, for the term and upon and subject to all the provisions contained in said document and in said lease.

Parcel One: Lease Parcel 34A, B, C, D, E, Z and Y described as follows: A tract of land in Section 36, Township 5 South, Range 67 West of the 6th P.M., more particularly described as follows: Beginning at the NE corner of said Section 36;Thence North 89 Degrees 50 Minutes 13 Seconds West, 2640.92 feet to the NW corner of the NE ¼ of Section 36; Thence North 89 Degrees 51 Minutes 31 Seconds West, 1320.09 feet to the NW corner of the E ½ of the NW ¼ of said Section 36; Thence South 00 Degrees 18 Minutes 09 Seconds West, 1452.33 feet to a point on the Westerly line of the E ½ of the NW ¼ of said Section 36, said point being the Point of Beginning; Thence South 00 Degrees 18 Minutes 09 Seconds West, 200.01 feet along said Westerly line to a point on the Southerly line of the N ½ of the N ½ of the SE ¼ of the NW ¼ of said Section 36, said point being 3051.13 feet South and 2133.79 feet left of Runway 16L centerline;Thence South 02 Degrees 02 Minutes 00 Seconds East, 356.12 feet to a point on the Northerly right-of-way line of East Control Tower Road, being 3407.25 feet South and 2133.79 feet left of the centerline of Runway 16L; Thence South 87 Degrees 58 Minutes 00 Seconds West, 252.29 feet to a point on the Northerly right-of-way line of East Control Tower Road, and the Easterly right-of-way line of South Peoria Street being 3407.25 feet South and 1881.50 feet left of the centerline of Runway 16L;Thence along a curve to the right having a central angle of 90 Degrees 00 Minutes 00 Seconds, a radius of 78.00 feet and an arc length of 122.52 feet, being 3329.25 feet South and 1803.50 feet left of the centerline of Runway 16L along the Easterly right-of-way of South Peoria Street; Thence along a reverse curve to the left having a central angle of 55 Degrees 43 Minutes 29 Seconds, a radius of 158.50 feet and an arc length of 154.15 feet being 3198.28 feet South and 1734.26 feet left of the centerline of Runway 16L along the Easterly right-of-way of South Peoria Street; Thence along a reverse curve to the right having a central angle of 55 Degrees 43 Minutes 29 Seconds, a radius of 75 feet and an arc length of 72.94 feet being 3136.30 feet South and 1701.50 feet left of the centerline of Runway 16L along the Easterly rightof-way of South Peoria Street; Thence North 02 Degrees 02 Minutes 00 Seconds West, 285.01 feet to a point being 2851.29 feet South and 1701.5 feet left of the centerline of Runway 16L along the Easterly right-of-way line of South Peoria Street; Thence North 87 Degrees 58 Minutes 00 Seconds East, 440.44 feet to the Point of Beginning, being 2851.29 feet South and 2141.94 feet left of the centerline of Runway 16L, County of Arapahoe, State of Colorado.

Parcel Two: A part of lease Parcel 34X described as follows A tract of land in Section 36, Township 5 South, Range 67 West of the 6th P.M., more particularly described as follows: Beginning at the NE corner of said section 36; Thence North 89 Degrees 50 Minutes 13 Seconds West, 2640.92 feet to the NW corner of the NE ¼ of said Section 36; Thence North 89 Degrees 51 Minutes 31 Seconds West 1320.09 feet to the NW ¼ of the E ½ of the NW ¼ of said Section 36; Thence South 00 Degrees 18 Minutes 09 Seconds West 1452.33 feet to a point on the Westerly line of the E ½ of the NW ¼ of said Section 36, said point being the point of beginning of Parcel 34B, and the True Point of Beginning of the within described parcel; Thence South 87 Degrees 58 Minutes 00 Seconds West 440.44 feet to a point being 2851.29 feet South and 1701.50 feet left of the centerline of Runway 16L and the Easterly right-of-way of Peoria Street; Thence North 02 Degrees 02 Minutes 00 Seconds West, 110.00 feet to a point being 2741.29 feet South and 1701.50 feet left of the centerline of Runway 16L and the Easterly right-of-way line of Peoria Street; Thence North 87 Degrees 58 Minutes 00 Seconds East, 135.00 feet to a point being 2741.29 feet South and 1836.50 feet left of the centerline of Runway 16L; Thence South 46 Degrees 59 Minutes 13 Seconds East, 70.65 feet to a point being 2791.29 feet South and 1886.42 feet left of the centerline of Runway 16L; Thence North 87 Degrees 58 Minutes 00 Seconds East 257.97 feet to a point being 2791.29 feet South and 2144.39 feet left of the centerline of Runway 16L and on the Westerly line of the E ½ of the NW ¼ of said Section 36; Thence South 00 Degrees 18 Minutes 09 Seconds West, 60.05 feet to the Point of Beginning, being 2851.29 feet South and 2141.94 feet left of the centerline of Runway 16L, County of Arapahoe, State of Colorado.

Legal Notice NO. 0455-2019 First Publication: 12/31/2020 Last Publication: 1/28/2021 Name of Publication: Littleton Independent COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0205-2020 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On November 17, 2020, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to

legals@coloradocommunitymedia.com

be recorded in the County of Arapahoe records.

Original Grantor(s) JONPAUL ARAGON, PATRICIA J ARAGON Original Beneficiary(ies) COLORADO CREDIT UNION Current Holder of Evidence of Debt COLORADO CREDIT UNION Date of Deed of Trust January 02, 2015 County of Recording Arapahoe Recording Date of Deed of Trust January 09, 2015 Recording Information (Reception No. and/or Book/Page No.) D5002461 Original Principal Amount $27,599.00 Outstanding Principal Balance $25,873.07 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 4, BLOCK 14, SOUTHGLENN, THIRD FILING, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known by street and number as: 6730 SOUTH DOWNING CIRCLE WEST, CENTENNIAL, CO 80122.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 03/17/2021, at The East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 1/21/2021 Last Publication: 2/18/2021 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 11/17/2020 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Harry L. Simon, P.C. #7942 Harry L. Simon, P.C. 10200 East Grand Avenue, Building B, Suite 120, Denver, CO 80231 (303) 758-6601 Attorney File # CCU v Aragon The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice NO. 0205-2020 First Publication: 1/21/2021 Last Publication: 2/18/2021 Name of Publication: Littleton Independent COMBINED NOTICE RESTART - PUBLICATION CRS §38-38-109(2)(b)(II) FORECLOSURE SALE NO. 0173-2020 Republished to restart foreclosure stayed by bankruptcy and reset sale date.

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On November 6, 2020, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records.

Original Grantor(s) DALE E. MCDONALD AND DARLENE S. MCDONALD Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AAAE FINANCIAL, INC., ITS SUCCESSORS AND ASSIGNS Current Holder of Evidence of Debt DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN TRUST 2006-AR6, MORTGAGE PASS-THROUGH

CERTIFICATES SERIES 2006-AR6 Date of Deed of Trust February 16, 2006 County of Recording Arapahoe Recording Date of Deed of Trust February 23, 2006 Recording Information (Reception No. and/or Book/Page No.) B6024113 Original Principal Amount $141,300.00 Outstanding Principal Balance $127,262.29

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On October 23, 2020, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Arapahoe records.

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. SEE ATTACHED LEGAL DESCRIPTION PURSUANT TO AFFIDAVIT OF SCRIVENER'S ERROR RECORDED ON 6/15/2020 AT RECEPTION NO. E0070479 TO CORRECT LEGAL DESCRIPTION. Also known by street and number as: 2854 W. CENTENNIAL DR. UNIT F, LITTLETON, CO 80123.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. If applicable, a description of any changes to the deed of trust described in the notice of election and demand pursuant to affidavit as allowed by statutes: C.R.S.§ 38-35-109(5) LEGAL DESCRIPTION HAS BEEN CORRECTED BY SCRIVENER'S AFFIDAVIT RECORDED 06/15/2020 AT RECEPTION NO. E0070479 IN THE RECORDS OF ARAPAHOE COUNTY. NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 03/10/2021, at The East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 1/14/2021 Last Publication: 2/11/2021 Name of Publication: Littleton Independent IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 11/06/2020 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Lynn M. Janeway #15592 Nicholas H. Santarelli #46592 David R. Doughty #40042 Alison L Berry #34531 Janeway Law Firm, P.C. 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112 (303) 706-9990 Attorney File # 19-022770

Original Grantor(s) CHARLENE J. HADYNSKI Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., ACTING SOLELY AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. Current Holder of Evidence of Debt ABS Loan Trust VI Date of Deed of Trust May 21, 2007 County of Recording Arapahoe Recording Date of Deed of Trust June 11, 2007 Recording Information (Reception No. and/or Book/Page No.) B7073821 Original Principal Amount $28,000.00 Outstanding Principal Balance $23,477.16

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

LOT 40, BLOCK 3, ROUNDTREE PHASE I DENVER TECHNICAL CENTER (AMENDED), ACCORDING TO THE MAP THEREOF FILED MAY 23, 1972 IN PLAT BOOK 22 AT PAGE 41 AND THE FIRST AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED FEBRUARY 26, 1973 IN BOOK 2103 AT PAGE 599. COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known by street and number as: 5977 S WILLOW WAY, GREENWOOD VILLAGE, CO 80111-5120.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

If applicable, a description of any changes to the deed of trust described in the notice of election and demand pursuant to affidavit as allowed by statutes: C.R.S.§ 38-35-109(5) LEGAL DESCRIPTION HAS BEEN CORRECTED BY SCRIVENER'S AFFIDAVIT RECORDED 9/13/2017 AT RECEPTION NO. D7104308 IN THE RECORDS OF ARAPAHOE COUNTY. NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 02/24/2021, at The East Hearing Room, County Administration Building, 5334 South Prince Street, Littleton, Colorado, 80120, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 12/31/2020 Last Publication: 1/28/2021 Name of Publication: Littleton Independent

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

©Public Trustees' Association of Colorado Revised 1/2015

DATE: 10/23/2020 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee

0173-2020 EXHIBIT A LEGAL DESCRIPTION

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

CONDOMINIUM UNIT F, THE STEEPLECHASE III CONDOMINIUMS, TOGETHER WITH GARAGE NO. F, ACCORDING TO THE CONDOMINIUM MAP THEREOF, RECORDED ON NOVEMBER 19, 1998 AT RECEPTION NO. A8187114 IN THE RECORDS OF THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF ARAPAHOE, COLORADO AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE STEEPLECHASE III CONDOMINIUMS RECORDED ON MAY 28, 1997 AT RECEPTION NO. A7062094, COUNTY OF ARAPAHOE, STATE OF COLORADO.

Anna Johnston #51978 Randall Chin #31149 Joseph D. DeGiorgio #45557 Ryan Bourgeois #51088 Barrett, Frappier & Weisserman, LLP 1391 Speer Boulevard, Suite 700, Denver, CO 80204 (303) 350-3711

Legal Notice NO. 0173-2020 First Publication: 1/14/2021 Last Publication: 2/11/2021 Name of Publication: Littleton Independent

Attorney File # 00000008662926 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose. ©Public Trustees' Association of Colorado Revised 1/2015 Legal Notice NO. 0201-2020 First Publication: 12/31/2020 Last Publication: 1/28/2021 Name of Publication: Littleton Independent

COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0201-2020

Englewood Herald Legals 1.21.21 * 1

The Herald 21

1January 21, 2021

Public Notices City and County Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of January 2021, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. SERIES OF 2021 AN ORDINANCE AMENDING TITLE 1 BY ADOPTING CHAPTER 11, SECTIONS 1-9 REGARDING ESTABLISHMENT OF A CODE OF ETHICS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. (Council Bill No. 02) Copies of aforesaid Ordinance are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices.

Legal Notice No. 300888 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF APPROVAL OF A BILL FOR AN ORDINANCE On the 19th day of January 2021, the City Council of the City of Englewood, Colorado, approved on first reading the following Council Bill:

BY AUTHORITY COUNCIL BILL NO. 03 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTIONS 1 AND 5, OF THE MUNICIPAL CODE (2000) OF THE CITY OF ENGLEWOOD, COLORADO, IN CONNECTION WITH DEFINITIONS/ ABBREVIATIONS AND ACRONYMS, AND PROHIBITING THE DISCHARGE OR DEPOSIT OF ANY NON-EXEMPT AMOUNTS OF TECHNOLOGICALLY ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIAL (TENORM) INTO THE WASTEWATER TREATMENT SYSTEM, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Copies of the aforesaid council bill are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado 80110 or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices.

Legal Notice No. 300889 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of January 2021, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. SERIES OF 2021 AN ORDINANCE AMENDING TITLE 7, CHAPTER 7, SECTIONS 1-9 REGARDING PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. (Council Bill No. 01) Copies of aforesaid Ordinance are available for public inspection in the office of the City Clerk, City of Englewood, Civic Center, 1000 Englewood Parkway, Englewood, Colorado or it can be found at http://www.englewoodco.gov, Government, Legal/Public Notices.

Legal Notice No. 300890 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald

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

20CW3200 THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS (“DENVER WATER” OR “APPLICANT”), 1600 West 12th Avenue, Denver, CO 80204, (303) 682-6460.

Jessica R. Brody, General Counsel, Daniel J. Arnold, No. 35458, James M. Wittler, No. 44050, Andrew J. Hill, No. 47896. APPLICATION FOR PARTIAL CHANGE OF WATER RIGHT, RIGHT OF SUBSTITUTION, AND CONDITIONAL APPROPRIATION OF RETURN FLOWS IN JEFFERSON, DOUGLAS, ADAMS, ARAPAHOE,

BROOMFIELD, AND DENVER COUNTY. 2.

Description of Application: Denver Water seeks to add alternate points of diversion, places of storage, and uses for the approximately 12 cubic feet per second (“c.f.s.”) portion of the City Ditch it owns that was historically used north of Interstate 25 prior to 2002, when City Ditch was severed at its intersection with Interstate 25. 3. Decreed Water Right that is the Subject of the Application: a. Name of Water Right: City Ditch. b. Name of Structure: Platte River Ditch also known as the City Ditch (formerly known as Platte Water Ditch, the Big Ditch, Platte Water Company’s Ditch, and Capitol Hydraulic Company’s Ditch). c. Legislative Acts, Original Decree, and All Relevant Subsequent Decrees Associated with the Subject Water Right: i. Private Laws of the Territory of Kansas, Original Enrolled House Bill No. 140, February 21, 1860 (“House Bill No. 140”). ii. An Act to Change the Name of the Capital Hydraulic Company, approved January 10, 1867, General Laws, Joint Resolutions, Memorials, and Private Acts, Passed at the Sixth Session of the Legislative Assembly of the Territory of Colorado. iii. In the Matter of the Priority of Water Rights in District No. 8 of Colorado, Case No. December 10, 1883 (Douglas County Dist. Ct., December 10, 1883) (“December 10, 1883 Adjudication Decree”). iv. Platte Water Co. v. Northern Colo. Irrigation Co., 21 P. 711, (Colo.

1889). v. City & County of Denver v. Brown, 138 P. 44 (Colo. 1913). vi. People ex rel. City & County of Denver v. Dist. Ct. of 2nd Judicial Dist. of Colo., 168 P. 260 (Colo. 1917). vii. In the Matter of the Application of the City & County of Denver, for a Decree of Court Allowing the Said Corporation to Change the Point of Diversion of the Platte River Ditch, Otherwise Known as the City Ditch, in Water District No. 8, Case No. CA 791 (Douglas County Dist. Ct., February 25, 1918) (“CA 791 Decree”). viii. City & County of Denver v. Brown, Case No. CA34488 (City & County of Denver Dist.

Ct., May 27, 1919). ix. Concerning the Revised Abandonment List of Water Rights in Water Division No. 1, Case No. 11CW263 (Water Division 1, January 30, 2013). d. Points of Diversion: i. House Bill No. 140: “. . . from the bed of the South Platte river at any point . . . between the Platte canon and the mouth of Cherry Creek, and also . . . from the bed of Cherry creek at any point within six miles of its mouth….” ii. CA 791 Decree: A point situated in the southwest quarter of the southeast quarter (S.W. 1/4 of S.E. 1/4) of Section 14, Township 6 South, Range 69 West of the 6th Principal Meridian, from whence the southeast corner of the southwest quarter of the southeast quarter (S.W. 1/4 of S.E. 1/4) of said Section 14 bears north 89 degrees 47 minutes 30 seconds east 188.6 feet in said Douglas County, State of Colorado, as generally depicted in Exhibit A. iii. Chatfield Reservoir Dam and Manifold: The existing point of diversion is now the Chatfield Reservoir Dam and Manifold. The center line of the manifold intersects the center line of the dam at a point whence the SW Corner of Section 1, Township 6 South, Range 69 West of the 6th P.M., Jefferson County, bears North 49 decrees a distance of 4,070 feet. Due to the construction of Chatfield Reservoir Dam and Manifold, the point of diversion decreed in CA 791 is within the high water line and a portion of the ditch alignment was inundated by the reservoir.

Consequently, water diverted under the City Ditch water right is diverted and measured at the Chatfield Dam and Manifold. The diversion of the City Ditch water right at Chatfield Dam and Manifold is authorized by C.R.S. § 37-28-111(1) and justified by the construction of Chatfield Reservoir, as generally depicted in Exhibit A. e. Source of Water: South Platte River. f. Appropriation Dates: i. House Bill No. 140: February 21, 1860, Date of Approval of Kansas Territory House Bill No. 140. ii. December 10, 1883 Adjudication Decree: (1) Priority 1: November 28, 1860. (2) Priority 75: November 1, 1873, abandoned. (3) Priority 130: March 7, 1882, abandoned. g. Total Amount Decreed to Structure in Cubic Feet Per Second (“c.f.s.”): i. Priority 1 is decreed “[s]o much water as will flow in said ditch on a grade or fall of four and one half feet to the mile with width on bottom of ten feet, width on top 13 feet, with depth of water flow of eighteen inches.” The State Engineer has determined and administered Priority 1 as being entitled to a total of 30 c.f.s. ii. Priority 75 is decreed “so much additional water as will amount to forty-three cubic feet of water per second of time.” The State Engineer has determined and administered this priority as being entitled to 13 c.f.s. iii. Priority 130 is decreed “so much additional water, as will amount to 89-95/100 cubic feet of water per second of time.” The State Engineer has determined and administered this priority as being entitled to 42.95 c.f.s. iv. House Bill No. 140 did not specify a flow rate limit. h. Statutory and Decreed Uses: Mechanical, agricultural, irrigation, mining, and city purposes. I. CLAIM FOR CHANGE OF WATER RIGHT 4. Detailed Description of Proposed Change: a. Statement of Change, Including a Description of All Water Rights to be Changed: Denver Water seeks to quantify the historical consumptive use and return flows and add alternate points of diversion and places of storage for approximately 12 c.f.s. decreed to Priority 1 that was historically used to irrigate City Park, Washington Park and Denver Country Club (“Subject Water Right”). The existing point of diversion for the Subject Water Right is described in paragraph 3.d.iii. above. The alternate points of diversion and places of storage Denver Water seeks to add for the City Ditch water right are described in paragraph 4.b. and 4.c. below. The Subject Water Right will be diverted through these alternate points of diversion, stored, and treated and used in Denver Water’s municipal system for delivery within Denver Water’s service area shown in Exhibit B, areas served by contract, and for replacement of depletions for the purposes described in paragraph 4.e. below. The place of use of any water diverted or stored under this water right is subject to and will be in accordance with the terms of the Colorado River Cooperative Agreement effective September 26, 2013 or as amended. A summary of diversion records for the City Ditch water right is attached as Exhibit C. Denver Water does not seek to change any portion of the City Ditch water right, nor any other rights, other than 12 c.f.s. historically applied to irrigated areas north of Interstate 25. b. Description of Alternate Points of Diversion: In addition to the points of diversion described in paragraph 3.d. above, Denver Water will divert the Subject Water Right at the following points of diversion: i. The Foothills Tunnel and Conduit No. 26 diverts water from the South Platte River by means of a dam across the channel of the South Platte River known as the Strontia Springs Diversion Dam in the northwest quarter of the northwest quarter of Section 21, Township 7 South, Range 69 West of the 6th P.M. in Jefferson and Douglas Counties, State of Colorado.

The Foothills Tunnel consists of a 10-foot 6-inch finished inside diameter concrete lined tunnel connecting an intake structure located within the

Strontia Springs Reservoir to a cement-mortar lined steel pipeline (Conduit No. 26), which in turn connects to the headwork structure of the Foothills Water Treatment Plant. ii. The Conduit 20 Intake diverts water from the South Platte River at a point on the southwest bank of the South Platte River in Jefferson County, from which the north quarter corner of Section 5, Township 7 South, Range 69 West of the 6th P.M., bears north 17 degrees, 20 minutes, 21 seconds west, a distance of 3,056.9 feet. iii. The Platte Canon – Last Chance Ditch.

The headgate of the Platte Canon – Last Chance Ditch is located on the north bank of said South Platte River in Jefferson County, whence the east quarter corner of Section 34, Township 6 South, Range 69 West of the Sixth P.M., according to the United States Government Survey, bears south 86 degrees 30 minutes east at a distance of approximately 2,140 feet. iv. The Burlington Ditch approach channel, which diverts and delivers water to the original Burlington headgate as located on the east bank of the South Platte River, in the NE1/4 of the SW1/4, Section 14, T3S, R68W, 6th P.M., in Adams County, Colorado, 2,456 feet east of the west line of the southwest quarter and 2,347 feet north of the south line of said southwest quarter of Section 14. v. The headgate of the Fulton Ditch as it is currently located on the east bank of the South Platte River in the NE1/4 of the SE1/4, in Section 17, T2S, R67W, 6th P.M., Adams County, Colorado, at a point approximately 2,815 feet south and 145 feet west of the NE corner of said Section 17. vi. The Lupton Lakes Complex proposed point of diversion, which is presently planned to be located within the Northwest 1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. c. Places of Storage: Denver Water will place the Subject Water Right in storage in the following locations. i. Antero Reservoir: Situated on Sections Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), Twentythree (23), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-two (32) and Thirty-three (33), in Township Twelve (12), South, Range Seventysix (76) West, and in Sections Twenty-four (24), and Twenty-five (25), Township Twelve (12), South, Range Seventy-seven (77) West of the Sixth Principal Meridian, Park County, Colorado. ii. Eleven Mile Reservoir: A reservoir formed by a dam across the bed of the South Platte River, the dam being located near the center of the SW ¼, Section 20, T 13 S, R 72 W, 6th P.M., Park County, Colorado: The long chord between the ends of the dam being described as a line commencing at the Southerly end of the dam, being a point whence the SW Corner of the NW ¼ of Section 29, T 13 S, R 72 W, 6th P.M. bears south 24°43´ West, 4090.6 feet, and running thence North 21°32´ West, 429.1 feet to the Northerly end of the dam. iii. Cheesman Reservoir: Formed by detention of water behind a dam across the South Fork of the South Platte River in the southwest quarter (SW1/4) of Section 6, Township 10 South, Range 70 West of the 6th P.M. iv. Strontia Springs Diversion Dam and Reservoir: A dam constructed across the channel of the South Platte River in the northwest quarter, northwest quarter of Section 21, Township 7 South, Range 69 West of the 6th P.M. in Douglas and Jefferson Counties, Colorado. v. Marston Reservoir: Located in Sections 11, 12, 13 and 14, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. vi. Platte Canon Reservoir: Located in the NW1/4 of Section 35, Township 6 South, Range 69 West, 6th P.M., Douglas County, Colorado. vii. Rueter-Hess Reservoir (aka Newlin Gulch Reservoir): The axis of the dam intersects the thread of Newlin Gulch at a point on the South line of Section 30, Township 6 South, Range 66 West of the 6th P.M. in Douglas County, Colorado, which point is approximately 2,400 feet east of the southwest corner of said Section 30. The northwest abutment of the dam is in the SW1/4 SW1/4 of said Section 30, approximately 1,300 feet east of the west section line, and approximately 550 feet north of the south section line, of said Section 30. The southeast abutment of the dam is in the NW1/4 NE1/4 Section 31, same range and township, approximately 1,900 feet west of the east section line and 250 feet south of the north section line, of said Section 31. viii. Chatfield Reservoir: The Reservoir formed by the Chatfield Dam, an existing structure located approximately 8 miles southwest of the City and County of Denver, Colorado on the main stem of the South Platte River; the right abutment of which is located in Douglas County, Colorado in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th Principal Meridian; and the left abutment of which is located in Jefferson County, Colorado in Section 1, Township 6 South, Range 69 West of the 6th Principal Meridian. The portion of the reservoir to be utilized by Denver Water is approximately 2,716 acres of land inundated by the storage of water adjacent to and upstream from the dam. ix. The South Reservoir Complex: (1) Welby Reservoir is an off-channel reservoir located adjacent to the South Platte River in the E1/2 of the NW1/4, SW1/4 of the NW1/4, and the N1/2 of the SW1/4 of Section 1, T3S, R68W of the 6th P.M., Adams County, Colorado. (2) Bambei-Walker Reservoir is an off-channel reservoir located between the Burlington ditch and the South Platte River in the S1/2 of the NE1/4, NE1/4 of the SE1/4, NW1/4 of the SE1/4, SW1/4 of the SE1/4 of Section 1, T3S, R68W, 6th P.M., Adams County, Colorado. x. The North Reservoir Complex: (1) Howe-Haller A Reservoir is located in the E1/2 of the NW1/4 and W1/2 of the NE1/4 of Section 9, T2S, R67W, 6th P.M., Adams County, Colorado. (2) Howe-Haller B Reservoir is located in the SW1/4 of the SW1/4 in Section 3; the SE1/4 of the SW1/4 and S1/2 of the SE1/4, in Section 4; and the NE1/4 of the NW1/4 and the NE1/4 in Section 9 of T2S, R67W, 6th P.M., Adams County, Colorado. (3) Hazeltine Reservoir is located in the NW1/4, N1/2 of the SW1/4 and W1/2 of the NE1/4 of Section 3; and in the NE1/4 and N1/2 of the SE1/4 of Section 4, T2S, R67W of the 6th PM, Adams County, Colorado. (4) Dunes Dam and Reservoir is located in the SW1/4 of the NW1/4, and NW1/4 of the SW1/4 of Section 2 and in the E1/2 of the SW1/4, SE1/4, and S1/2 of the NE1/4 of Section 3, T2S, R67W of the 6th P.M., Adams County, Colorado. (5) Tanabe Reservoir is located in the NW1/4 of Section 10, T2S, R67W, 6th P.M., Adams County, Colorado. xi. Lupton Lakes Complex: The Lupton Lakes Complex is located in the East Half of Sections 18 and 19, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. xii.

Storage by Exchange and for Reuse: Denver Water may also store the portion of the Subject Water Right changed under this application by exchange in Strontia Springs, Two Forks, Marston, Platte Canon, Cheesman, Eleven Mile, and Antero Reservoirs, and may reuse water by also storing in the places of storage referenced in this section.

Denver Water is not requesting an adjudicated

right of exchange in this matter. d. Change in Type of Use: In addition to its current statutory and decreed uses, Denver Water seeks to use the Subject Water Right directly for commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, replacement of lake and reservoir evaporation, and exchange, augmentation and/or replacement. Return flows from the changed consumptive use portion of the Subject Water Right will be fully consumed by direct use, storage and subsequent release, and by reuse, successive use, further exchange and disposition. In addition, Denver Water seeks the right to use the changed consumptive use portion of the Subject Water Right as a replacement source in the following augmentation plans for which Denver Water leases replacement water and to augment future depletions under augmentation plans that Denver Water may serve in the future. i. Glendale Augmentation Plan, Case No. 1988CW149, Water Division 1, February 28, 1990. ii. Overland Golf Course Augmentation Plan, Case No. 1991CW028, Water Division 1, May 24, 1993. iii. Lehow Lake and Kassler Refugia Pond Augmentation Plan, Case No. 2002CW060, Water Division 1, September 29, 2003. iv. Barr Lake We t l a n d A u g m e n t a t i o n P l a n , C a s e N o .

2003CW129, Water Division 1, December 27, 2006. v. Western Metals Augmentation Plan, Case No. 2004CW062, Water Division 1, December 8, 2004. vi. Fairmount Cemetery Augmentation Plan, Case No. W-8698-77, as amended by the decrees in Case Nos. 90CW212, Water Division 1, and 94CW068, Water Division 1. vii. Cherry Creek Park Well Augmentation Plan, Case No. 1989CW198, Water Division 1, October 24, 2006. viii. Martin Marietta Augmentation Plan, Case No. 1991CW097, Water Division 1, January 12, 1995. ix. JFK Golf Course Augmentation Plan, Case No. 1993CW033, Water Division 1, December 4, 2006. x. Garland Park Well Augmentation Plan, Case No. 1993CW110, Water Division 1, March 7, 2007. xi. Glenmoor Country Club Augmentation Plan, Case No. 1995CW198(A), Water Division 1, July 28, 1997. xii. Lakewood Country Club Augmentation Plan, Case No. 1997CW381, Water Division 1, September 13, 2004. xiii. Polo Club Augmentation Plan: Case No. 2002CW279, Water Division 1, January 29, 2009. xiv. University of Denver College of Law Foundation Well, Case No. 2002CW376, Water Division 1, October 26, 2004. xv. Auraria Higher Education Center Flour Mill Well, Case No. 2003CW083, Water Division 1, August 31, 2005. xvi. Well O of the Cherry Creek Galleries and Conduit No. 5, Augmentation Plan, Case No. 2003CW234, Water Division 1, October 5, 2007. xvii. Inverness Augmentation Plan, Case No. 2008CW226, Water Division 1, May 15, 2017. xviii. Bambei-Walker Mounding Drain, Case No. 2013CW3041, Water Division 1, May 13, 2016. xix. DBS, LLC, Augmentation Plan, Case No. 2013CW3125, Water Division 1, September 3, 2015. xx. Arapahoe Lakes, Augmentation Plan, Case No. 2015CW3176, Water Division 1, March 7, 2017. xxi. Denver Water OCR, Augmentation Plan, Case No. 2016CW3176, Water Division 1, August 30, 2019. e. Change in Place of Use: Denver Water seeks to change the place of use for the Subject Water Right from lands under the ditch to any location within Denver Water’s service area as depicted in Exhibit B. The place of use of any water diverted or stored under this water right is subject to and will be in accordance with the terms of the Colorado River Cooperative Agreement effective September 26, 2013 or as amended. f. Diversion Records, Map of Historically Irrigated Lands, Methods of Analysis: Denver Water may rely on the summaries of records of actual diversions of the Subject Water Right attached as Exhibit C to this Application. Denver Water will use a parcel-by-parcel analysis of the irrigated area shown in Exhibit D to determine the historical consumptive use because it seeks to change only a portion of the City Ditch water right, which portion Denver Water historically used at the lower end of the Ditch north of I-25. II. CLAIM FOR RIGHT OF SUBSTITUTION 5. Return Flow Replacement through Substitution: Denver Water will have return flow replacement obligations resulting from the historical use of the City Ditch water right that is the subject of this application.

Denver Water will use the sources listed in paragraph 6 below to meet its return flow replacement obligations (“Replacement Sources”). Denver Water may also use water derived from water rights in addition to those set forth in paragraph 6 below pursuant to statutory procedures; provided the water so released is fully consumable. All releases of replacement sources to meet Denver Water’s return flow replacement obligations will be made in the same time, amount, and location of the historical return flows when a call is being administered on the South Platte River downstream of the historical accrual location senior to the date of this application. 6. Replacement Water: Denver Water owns water rights originally decreed in the South Platte River basin for direct flow irrigation uses and has changed the consumptive use portions of these rights, by decree, to all municipal uses. Denver Water also owns water rights in tributaries to the Colorado River, which Denver imports to the South Platte River basin for beneficial use. In addition, Denver Water owns water rights in not-nontributary Arapahoe and Upper Arapahoe Aquifer formations and water rights in the nontributary Arapahoe and Upper Arapahoe, Laramie-Fox Hills, and the Lower Arapahoe Aquifer formations. Water from these sources will be made available in the amounts and at locations necessary to replace return flows from diversions under the changed City Ditch water right. Water from these sources that is also once or successively used through Denver Water’s potable water system and returned to the South Platte River, and its tributaries will be made available in the amount and at locations, including, but not limited to, outfalls of the various wastewater treatment plants that discharge effluent attributable to Denver Water’s service area, necessary to replace return flows from the Subject Water Right decreed under the December 10, 1883 Adjudication Decree.

These water rights include, but are not limited to: a. Beery Ditch, Case No. W-7739-74 WD1, appropriation date of June 15, 1861. b. Four Mile Ditch, Case No. 80CW313 WD1, appropriation date of June 1, 1868. c. Brown Ditch, Case No. 86CW014 WD1, appropriation date of November 30, 1862. d. Nevada Ditch, Case No. 90CW172 WD1, appropriation dates of August 30, 1861Priority No. 4; December 30, 1865 - Priority No. 19. e. Last Chance Ditch, Case No. 92CW014 WD1, appropriation dates of December 30, 1863 - Priority No. 14; - March 3, 1868 - Priority No. 39. f. Pioneer Union Ditch, Case No. 91CW100 WD1, appropriation dates of December 10, 1861 - Priority No. 5; September 1, 1862 - Priority No. 11. g.

Hodgson Ditch, Case No. 91CW102, appropriation date of June 1, 1861 – Priority No. 3. h. Harriman

Ditch, Case No. 91CW103, appropriation dates of March 16, 1869 - Priority No. 23; May 1, 1871 Priority No. 25; March 1, 1882 - Priority No. 30. i.

Robert Lewis Ditch, Case No. 91CW105, appropriation date of October 1, 1865 - Priority No. 19. j. Simonton Ditch, Case No. 91CW106, appropriation date of December 25, 1860 - Priority No. 2. k. Warrior Ditch, Case No. 91CW109 WD1, appropriation dates of December 1, 1861 - Priority No. 4; April 16, 1862 - Priority No. 8; October 31, 1864 - Priority No. 14. l. Blue River Diversion Project, Water District No. 36, Summit County Case Nos. 1805 and 1806 and Consolidated Case Nos. 2782, 5016, and 5017, U.S. District Court, appropriation date of June 24, 1946. m. Straight Creek Conduit of the Roberts Tunnel Collection System, Water District No. 36, C.A. No. 2371, appropriation date of January 21, 1957. n. Fraser River and Williams Fork Diversion Projects, Water District No. 51, Grand County, C.A. No. 657, appropriation date of July 4, 1921. This source may be used as a replacement supply under this plan to the extent allowed by the 1940 Agreement except as otherwise modified. o. Darling Creek Extension of the Williams Fork Diversion Project, Water District 51, Grand County, C.A. No. 1430, appropriation date of August 26, 1953. p. Moffat Tunnel Collection System, Water District No. 51, Grand County, C.A. No. 1430, appropriation date of August 30, 1963. q.

Hamilton-Cabin Creek Ditch, Extension and Enlargement of HamiltonCabin Creek Ditch, Meadow Creek Reservoir, Water District No. 51, Grand County, C.A. No. 657, appropriation Date of July 2, 1932. r. Laramie Fox Hills-1 Well, Case No. 88CW149 WD 1 and Permit Nos. 32363-F and 35393-F. s. South Platte Gravel Pit Storage Right, Case No. 2001CW286 WD1 as amended in Case No. 2013CW3056 WD1, appropriation date of December 28, 2001. t. Denver Metro Wells, Case No. 2003CW186 WD1, for right to withdraw nontributary and notnontributary water from the Arapahoe, Upper Arapahoe, and Laramie-Fox Hills Aquifers. u.

Farmers and Gardeners Ditch Water Right, Case No. 2009CW084 WD1, appropriation date of March 15, 1863. v. Lupton Lakes Storage Complex Water Right, Case No. 2007CW322 WD1, appropriation date of December 28, 2007. w. South Reservoir Complex Enlargement Water Right, Case No. 2009CW264 WD1, appropriation date of December 29, 2009. x. Lawn Irrigation Return Flows, Case No. 2004CW121 WD1, decree date of May 15, 2012. y. Recycle Plant, Case No. 2001CW287, decree date of December 6, 2011, including return flows resulting from delivery of water from Recycle Plant. z. The Subject Water Right to be changed under this Application. aa.

Denver Water can also release water from the above-referenced sources stored in Antero Reservoir, Eleven Mile Reservoir, Cheesman Reservoir, Strontia Springs Reservoir, Platte Canon Reservoir, Chatfield Reservoir, Soda Lakes Reservoirs, Harriman Reservoir, Ralston Reservoir, and Gross Reservoir, or discharged from wastewater treatment plants, including the Metro Wastewater Reclamation District Treatment Plants (Hite Treatment Plant and Northern Treatment Plant) or Littleton/Englewood (“Bi-City”) Wastewater Treatment Plant. 7. Location of Replacement Supplies: A map generally depicting the location where return flows will be replaced is attached hereto as Exhibit E. In addition, Denver Water will account for and identify water once used, reused or successively used through its municipal system that is returning to the South Platte River, and deliver such water from one or more of the following sources to replace return flows from the changed portion of the City Ditch water right: a. from the point of release to the South Platte River at the Littleton/Englewood Bi-City Wastewater Treatment Plant; b. by deliveries from storage facilities identified in Paragraph 4.c; c. from the Farmers and Gardeners Ditch Water Right point of diversion and alternate points of diversion decreed in 2009CW084 WD1; d. Lawn Irrigation Return Flows quantified under the decree entered in Case No. 2004CW121 WD1; e. from the point of release into the South Platte River at the Metro Wastewater Reclamation District Hite Plant Outfall; f. from the point of release into the South Platte River at the Metro Wastewater Reclamation District Northern Treatment Plant Outfall; and/or g. by deliveries from storage (South Gravel Pit Complex, North Gravel Pit Complex, and Lupton Lakes Reservoir Complex) of fully consumable water or water decreed for augmentation having been stored in these facilities. III. CLAIM FOR APPROPRIATION OF CITY DITCH RETURN FLOWS 8.

Appropriation of Water Right: a. Name of Water Right: City Ditch Return Flows. b. Name of Structure: City Ditch. c. Amount: Denver Water seeks to appropriate all return flows attributable to the 12 c.f.s. of the City Ditch water right at issue in this Application under the appropriation date set forth herein. d. Appropriation Date: The date of filing of this application. e. Sources: South Platte River and alluvial tributary groundwater flowing thereto. f. Points of Diversion: The points of diversion are set forth in paragraphs 4.b. and 4.c above. g.

Places of Storage: Water diverted under the City Ditch Return Flow right will be placed in storage in the locations set forth in paragraph 4.c. above. h. Type of Use: Denver Water will use the return flows for the same uses described in paragraph 4.d. above. In addition to these uses, Denver Water will reuse, and successively use the return flows for all uses decreed herein when the calling water right being administered downstream of the Subject Water Right’s historical return flow location on the South Platte River is junior to the appropriation date claimed herein. i. Places of Use: Denver Water will use the return flows at the same location described in paragraph 4.e. above. 9.

Name and Address of Owner of the Land Upon Which Any Existing Diversion Structures are or Will be Constructed: Names and addresses of owners or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed, including any modification to the existing water right are set forth below. Denver Water will not use any structure or land to which it does not have a legal interest or right to use. a. Chatfield Reservoir, U.S. Army Corps of Engineers, 9307 South Wadsworth Boulevard, Littleton, CO 80128.

United States of America, C/O District Engineer, 6014 USPO Courthouse, Omaha, NE 68102.

United States of America, State of Colorado Parks Dept, 1313 Sherman St, Suite 618, Denver, CO 80203. b. City Ditch, City of Englewood, ATTN: Alex Dorotik, Englewood Civic Center, 1000 Englewood Parkway, Englewood, CO 80110. Peter Nichols, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302. c. Rueter-Hess Reservoir, Parker Water and Sanitation District, 18100 East Woodman Avenue, Parker, CO 80134. d. Burlington Ditch, Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, CO 80601. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton,

Englewood Herald Legals 1.21.21 * 2

22 The Herald

January 21, 2021J

Public Notices CO 80601. Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601. Henrylyn Irrigation District, 29490 County Road 14, Keenesburg, CO 80643. e. Fulton Ditch, Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, CO 80601. f. Lupton Lakes Complex Diversion Location, Hunt Brothers Properties Inc., c/o Asphalt Specialties Company Inc., 10100 Dallas Street, Henderson, CO 80640-8491.

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www. courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No. 300883 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

20CW3214 STATE OF COLORADO, ACTING BY AND THROUGH ITS BOARD OF LAND COMMISSIONERS, 1127 Sherman Street, Suite 300, Denver, CO 80203; RANGEVIEW METROPOLITAN DISTRICT, 141 Union Blvd, Suite 150, Lakewood, CO 80228; and PURE CYCLE CORPORATION, 34501 E Quincy Ave, Watkins, CO 80137, CHANGE OF CONDITIONAL WATER RIGHTS AND PLAN FOR AUGMENTATION, IN ARAPAHOE, WELD AND ADAMS COUNTIES. Conditional water rights to be changed: Originally decreed in Consolidated Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (the “Consolidated Decree”). Diligence found and conditional rights continued in Case Nos. 08CW313 and 18CW3036. Rangeview East Water System. Location/point of diversion: Box Elder Creek Diversion: the diversion structure will be located in Box Elder Creek at a point located in the SW 1/4 of the SE 1/4 of Section 34, Township 5 South, Range 64 West of the 6th P.M. at a point located approximately 2,600 feet from the east section line and approximately 50 feet from the south section line of said section. Source: Box Elder Creek, tributary to the South Platte River.

Appropriation date: October 13, 1986. 250 cfs (conditional) and limited to a maximum of 6,500 acre-feet per year not to exceed 53,900 acre-feet in a 20-year period. The Rangeview West Water System also decreed in the Consolidated Decree is not being changed. OAR Reservoir A. Location: In the W 1/2 and SE 1/4 of Section 26, E 1/2 and SW 1/4 of Section 27, N 1/2 of Section 34, and NW 1/4 of Section 35, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado, whence the left abutment of the dam will be approximately located at a point on the west section line of Section 26, Township 5 South, Range 65 West, at a point approximately 600 feet south of the NW corner of said Section 26. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 6,200 acre-feet. Dead storage – 998 acre-feet (all conditional). OAR Reservoir B. Location: In the S 1/2 and SW 1/4 of Section 11, E 1/2 and the NW 1/4, W 1/2 of the NE 1/4, and SW 1/4 of Section 14, and the E 1/2 of the E 1/2 of Section 15, and the NW 1/4 of Section 23, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado and whence the left abutment of the dam will be approximately located at a point on the west section line of Section 11, Township 5 South, Range 65 West, at a point approximately 600 feet north of the southwest corner of said Section 11. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 10,200 acre-feet. Dead storage – 1,545 acre-feet (all conditional). OAR Reservoir C. Location: In the S 1/2 of Section 19, and the W 1/2 of the NW 1/4 of Section 29, and the N 1/2 of Section 30, all in Township 5 South, Range 64 West of the 6th P.M. and the E 1/2 of the SE 1/4 of Section 24, and the NE 1/4 of the NE 1/4 of Section 25, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado and whence the left abutment of the dam will be located at a point on the west section line of Section 30, Township 5 South, Range 64 West of the 6th P.M., at a point approximately 700 feet south of the northwest corner of said Section 30.

Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 4,500 acrefeet. Dead storage – 819 acre-feet (all conditional). OAR Reservoir D. Location: In the SW 1/4 of the NW 1/4, and the W 1/2 of the SW 1/4 of Section 36, and the SE 1/4 of the NE 1/4, the SE 1/4, and the S 1/2 of the SW 1/4 of Section 35 in Township 5 South, Range 65 West of the 6th P.M., in Arapahoe County, Colorado, and the N 1/2 of the NW 1/4 of Section 2 in Township 6 South, Range 65 West of the 6th P.M. in Elbert County, Colorado and whence the left abutment of the dam will be approximately located at a point approximately 1,980 feet south of the north and 150 feet east of the west section lines of Section 36, Township 5 South, Range 65 West. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June

1984. Amount: Active storage – 4,000 acre-feet.

Dead storage – 1,000 acre-feet (all conditional).

Point of Diversion for the OAR Reservoirs A, B, C and D (the “OAR Reservoirs”): Box Elder Creek Diversion, described in paragraph 2.1.1.1. Use: Municipal, irrigation, augmentation, domestic, piscatorial, commercial, industrial, recreation and storage, within Applicant’s service area in all or parts of Sections 33 and 34, Township 4 South, Range 65 West of the 6th P.M., Sections 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36 of Township 5 South, Range 65 West of the 6th P.M, and Sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34 of Township 5 South, Range 64 West of the 6th P.M., as shown on Attachment A to the Consolidated Decree and which make up the “Lowry Range,” owned by the Land Board. Proposed changes: Overview. The Land Board owns the Lowry Range, consisting of approximately 24,567.21 acres, more or less, of land formerly owned by the United States in Arapahoe County. Pursuant to the 2014 Amended and Restated Lease Agreement between the State of Colorado, acting by and through the State Board of Land Commissioners, Lessor and Rangeview Metropolitan District, Lessee and Pure Cycle Corporation, Service Provider and Export Water Contractor, Lease No. S-37280, and prior agreements, certain “Water Rights” as defined therein, are leased to Rangeview. Rangeview may serve water users on or off the Lowry Range with any of the leased Water Rights. Rangeview has, in turn, conveyed the right to use a portion of the Water Rights to Pure Cycle, which are specifically permitted and intended for use off the Lowry Range, including up to 1,650 acre-feet per year of yield of the conditional water rights. The decreed places of storage of OAR Reservoirs are as described in paragraphs 2.1.3.1, 2.1.4.1, 2.1.5.1, and 2.1.6.1, and in aquifer storage in the Denver Basin aquifers. The OAR Reservoirs A, C and D conditional water rights will be combined to store their total decreed storage amount of 21,517 acre-feet in one structure, the enlarged and realigned OAR Reservoir C, at the changed location described in paragraph 3.3. The separate OAR Reservoirs A and D structures will not be constructed. The combined OAR Reservoir A, C and D conditional water rights shall be known as the OAR Reservoir C conditional water rights. The conditional water rights for the Rangeview East Water System and OAR Reservoirs are decreed to divert from Box Elder Creek at the Box Elder Creek Diversion described in paragraph 2.1.1.1, being generally where Box Elder Creek crosses the south (upstream) boundary of the Lowry Range, near the Arapahoe/Elbert county line.

Water diverted at the Box Elder Creek Diversion may be delivered into a concrete enclosed wet well located in the SE 1/4 of Section 34, Township 5 South, Range 64 West of the 6th P.M. in Arapahoe County, which will facilitate pumping into storage pursuant to the OAR Reservoirs conditional water rights. The new alternate Box Elder Creek points of diversion for the Rangeview East Water System, OAR Reservoir B and enlarged and realigned OAR Reservoir C conditional water rights will be a surface diversion and infiltration galleries or wells within 2,500 feet of the north (downstream) boundary of the Lowry Range, at Quincy Avenue described below. The source for the infiltration galleries or wells is groundwater tributary to Box Elder Creek. The Coal Creek point of diversion for the OAR Reservoirs will not be changed. A new alternate place of storage for OAR Reservoir B and the enlarged and realigned OAR Reservoir C conditional water rights will be the Lowry Ridge Storage Pond described below that also facilitates delivery from the new alternate Box Elder Creek surface point of diversion into OAR Reservoirs B or C or to the Sky Ranch Water Treatment Facility, described below. The OAR Reservoir B and enlarged and realigned OAR Reservoir C will be additional alternate places of storage for the OAR Reservoirs conditional water rights to allow water stored in one reservoir to be delivered into storage in the other reservoir. The decreed place of use described in paragraph 2.3 is within the Lowry Range. The place of use will be changed to include use on or off the Lowry Range throughout Rangeview’s planned service area, described below. Outside the Lowry Range, Rangeview currently serves users at the Arapahoe County fairgrounds and the Sky Ranch Development, described below. New alternate points of diversion for the Rangeview East Water System, OAR Reservoir B and enlarged and realigned OAR Reservoir C conditional water rights: a surface diversion from Box Elder Creek and four infiltration galleries/horizontal wells located in the NE 1/4 of Section 9, Township 5 South, Range 64 West, 6th P.M., Arapahoe County shown on Exhibit B attached to this application and as follows: Rangeview Quincy Avenue diversion: NE 1/4, Section 9, Township 5S, Range 64 West, 6th P.M. off Box Elder Creek within 2,500 feet of E. Quincy Avenue on the south side. Rangeview Well No. 1: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538481.0, Northing: 4387410.0. Well No. 2: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538514.0, Northing: 4387303.0.

Rangeview Well No. 3: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538422.0, Northing: 4387135.0. Rangeview Well No. 4: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538382.0, Northing: 4387041.0. New place of storage for OAR Reservoirs A, C and D Conditional Water Rights: Enlarged and realigned OAR Reservoir C, located in Sections 29, 32 and the E 1/2 of Section 30, Township 5 South, Range 64 West of the 6th P.M., Arapahoe County, whence the left abutment of the dam will be located at a point approximately 550 feet northwest of the SE corner of Section 30 and as shown on Exhibit A attached to this application. New alternate place of storage: The Rangeview Quincy Avenue diversion will deliver water through a concrete enclosed wet well located in the NE 1/4 of Section 9, Township 5S, Range 64 West, 6th P.M., Arapahoe County, to OAR Reservoirs B or C or to the 130 acre-foot Lowry Ridge Storage Pond located in the NW 1/4 of Section 8, Township 5S, Range 64 West, 6th P.M., Arapahoe County, UTM coordinates NAD83, Zone:13, Easting: 535667.0, Northing: 4387488.0 as shown on Exhibit A and Exhibit B, both attached to this application. The Lowry Ridge Storage Pond will store and regulate flows or be used to blend the diverted Box Elder Creek water with other sources, prior to delivery into OAR Reservoirs B or C or to the Sky Ranch Water Treatment Facility, which will be located adjacent to the Lowry Ridge Storage Pond in Section 8, Township 5S, Range 64 West of the 6th P.M., shown on Exhibits A and B attached to this application. New places of use, in addition to use on the Lowry Range: Rangeview’s current service off the Lowry Range is provided to the Arapahoe County fairgrounds, located in the N 1/2 of Section 8 and all of Tract 4 of Arapahoe Park Subdivision Filing No. 1 in Section 8, Township 5 South, Range

65 West of the 6th P.M., Arapahoe County, and Sky Ranch, a development of approximately 931 acres located in the W1/2 of Section 3, the SE1/4 of Section 4, the E1/2 and NW1/4 of Section 10, Township 4 South, Range 65 West, 6th P.M., Arapahoe County, as shown on the attached Exhibit A. The existing point of diversion on Box Elder Creek will be retained as an alternate point of diversion that may be used to divert a portion of high flows, with the balance diverted at the new alternate points of diversion. Combined diversions by the original and new Box Elder Creek alternate points of diversion for the Rangeview East Water System and OAR Reservoirs conditional water rights will not exceed 250 cfs. The proposed changes will not cause injury and will not enlarge the contemplated draft of the conditional water rights. Structures to be augmented: Surface diversion and infiltration galleries/wells described in paragraph 3.2. Previously decreed points of diversion of the Rangeview East Water System and OAR Reservoirs described in paragraph 2.1.1.1.

Depletions from the infiltration galleries/wells described in paragraph 3.2 will occur to Box Elder Creek in the SE 1/4, Section 1, Township 1 South, Range 65 West, 6th P.M., Adams County.

Sources of augmentation water: Lost Creek ground water rights: Well permit 31528-FP, located in the NE1/4NE1/4, Section 22, Township 1 North, Range 63 West, 6th P.M., Weld County.

Well permit 7244-RFP, located in the SW1/4NE1/4, Section 22, Township 1 North, Range 63 West, 6th P.M., Weld County. Nontributary Laramie-Fox Hills groundwater and not nontributary Arapahoe groundwater underlying the Lost Creek farm described in paragraph 6.1.4, under determinations 1155-BD and 1156-BD. Rangeview has applied to the Colorado Ground Water Commission to change the use of its Lost Creek ground water rights identified in paragraphs 6.1.1 and 6.1.2 to allow among other uses augmentation of water rights and structures supplying Rangeview’s and Pure Cycle’s uses and will be applying for export approval. The rights described in paragraphs 6.1.1 and 6.1.2 historically irrigated approximately 230 acres located in the S1/2 of Section 14, Township 1 North, Range 63 West, 6th P.M., Weld County.

Upon approval, the water will be delivered from the wells by pipeline to Box Elder Creek within one of two stream reaches of Box Elder Creek, described as follows and on the attached Exhibit C: Upper Weld County Delivery Stream Reach.

Upper terminus located at UTM coordinates NAD83, Zone 13, Easting: 533668.0, Northing: 4427898.2, also described as a point located in the SE 1/4, SE 1/4 of Section 36, Township 1 North, Range 65 West, at a point located approximately 36 feet north of the south section line and 690 feet of the west of the east section line of said section. Lower terminus located at UTM coordinates NAD83, Zone 13, Easting: 534666.0, Northing: 4434337.0, also described as a point located in the NW 1/4 , NE 1/4 of Section 18, Township 1 North, Range 64 West at a point approximately 5 feet south of the north section line and 2,578 feet west of the east section line of said section. Lower Weld County Delivery Stream Reach: Upper terminus located at UTM coordinates NAD83, Zone 13, Easting: 532595.5, Northing: 4442338.7 m, also described as a point located in the NW 1/4, NW 1/4 of Section 24, Township 2 North, Range 65 West, at a point located approximately 127 feet south of the north section line and 1166 feet east of the west section line of said section. Lower terminus located at UTM coordinates NAD83, Zone 13, Easting: 533167.9, Northing: 4444187.2, also described as a point located in the SW 1/4 , SE 1/4 of Section 12, Township 2 North, Range 65 West at a point approximately 648 feet north of the south section line and 2,125 feet west of the east section line of said section. The following nontributary and not nontributary ground water underlying the Lowry Range: nontributary Arapahoe aquifer groundwater decreed in Case No. 83CW330; nontributary Denver, Arapahoe and Laramie-Fox Hills aquifer groundwater and not nontributary Denver aquifer groundwater decreed in Case No. 83CW373 for which a Denver aquifer augmentation plan was decreed in Case No. 94CW48; nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater decreed in 89CW164; changes to the decrees in Case Nos. 83CW330 and 83CW373 decreed in Case No. 94CW49; not nontributary Dawson aquifer groundwater decreed in Case No. 89CW48. The location of release to Box Elder Creek from within the Lowry Range, is more specifically described as within Sections 9, 10, 15, 22, 27 and 34, Township 5 South, Range 64 West, 6th P.M. The following nontributary and not nontributary ground water underlying the Sky Ranch: nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater and not nontributary Denver aquifer groundwater decreed in Case No. 85CW157; nontributary Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifer groundwater and not nontributary Denver aquifer groundwater decreed in Case No. 04CW249; amendment of the decrees in Case Nos. 85CW157 and 04CW249 and Denver aquifer augmentation plan was decreed in Case No. 14CW3083. The location of release to Box Elder Creek is in the SE 1/4 of Section 5 or NE 1/4 of Section 8, Township 4S, Range 64 West of the 6th P.M., Arapahoe County, Colorado. WISE Project water: Rangeview is entitled to an average of 900 acre-feet per year of WISE Project deliveries. The WISE Project is a contractual agreement by Aurora Water and Denver Water to provide permanent, renewable, reusable treated water to participating members of the South Metro WISE Authority, including Rangeview. The delivery obligation is defined in the “Amended and Restated WISE Partnership – Water Delivery Agreement Between Denver Water, the City of Aurora, acting by and through its Utility Enterprise, and the South Metro WISE Authority.” Water deliveries to the South Metro WISE Authority are allocated to its participating members, including Rangeview, by the “South Metro WISE Authority Formation and Organizational Intergovernmental Agreement.” WISE Project water is treated water; augmentation of WISE Project water may be following storage in OAR Reservoirs B or C or through reuse/disposition of return flow following its initial uses, as described in paragraph 6.6. Rangeview East Water System, OAR Reservoirs described above. The location of release to Box Elder Creek: NE 1/4 of Section 9, Township 5 South, Range 64 West of the 6th P.M., 2,500 feet south of E. Quincy Avenue.

Return flow from prior use of the above sources, either by direct discharge following wastewater treatment or after effluent storage, including but not limited to in the Sky Ranch Ponds located in the NE 1/4 of Section 10, Township 4S, Range 65 West, 6th P.M., Arapahoe County as shown on the attached Exhibit C, will be discharged to Box Elder Creek at the Sky Ranch Box Elder Creek Delivery Point in the SE 1/4 of Section 5, Township 4S, Range 64 West of the 6th P.M., Arapahoe County,

Colorado, or to Coyote Run, tributary of Box Elder Creek, at the Sky Ranch Coyote Run Delivery Point, in the SE 1/4 of Section 1, Township 4S, Range 65 West of the 6th P.M., Arapahoe County, Colorado as shown on the attached Exhibit C. Additional augmentation sources may be added pursuant to § 37-92-305(8)(c), C.R.S. Statement of plan for augmentation: The timing and amount of injurious out-of-priority depletions will be determined and replaced from the above-described sources. Replacement with the Lost Creek ground water rights may be made to the extent injury will be prevented, while local replacement may also be made. “Local replacement” means replacement to Box Elder Creek or Coyote Run, tributary of Box Elder Creek, from sources identified in paragraphs 6.2 through 6.6, or sources added to the plan capable of discharge to Box Elder Creek in a similar location. Surface flow in Box Elder Creek frequently occurs at the original and/or new points of diversion at times when the stream dries up downstream. Surface diversions can be administered in the priority system, and may be made without augmentation when in priority or when conditions otherwise allow. Ground water diversions at the four infiltration galleries/horizontal wells will result in lagged depletions, which will be replaced so as to prevent injury. The distance between the locations of the infiltration galleries/ wells described in paragraph 3.2 and the point of depletion on Box Elder Creek is approximately 31.0 river miles, which results in a long lag time between the time of pumping and the time of depletion. Additional documents filed with the application: Maps of Lowry Range, Sky Ranch Development, Arapahoe County fairgrounds and facilities and locations of augmentation delivery and point of depletion. The name and address of the owner or reputed owner of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. Wherefore, Applicants request the court approve the above described changes of their conditional water rights and plan for augmentation, and for such other and further relief as is warranted. 11 Pages.

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www. courts.state.co.us or in the Clerk’s office) and must 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. 300884 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

20CW3215 APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS AND WATER STORAGE RIGHTS IN ADAMS, ARAPAHOE, BOULDER, MORGAN, WASHINGTON, AND WELD COUNTIES 1. Name, Address, and Telephone Number of Applicants. BENNT CREEK REGIONAL WATER AUTHORITY (THE “AUTHORITY”) c/o Blair Dickhoner, Esq. White Bear Ankele Tanaka & Waldron 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 Phone: 303-858-1800 E-mail: bdickhoner@ wbapc.com and SP REGIONAL WATER COMPANY, LLC (“SPCO,” AND TOGETHER WITH THE AUTHORITY, THE “APPLICANTS”) 10450 East 159th Court Brighton, Colorado 80602 Telephone No.: 303-659-1400. Please send all Pleadings to Wayne F. Forman and Michael P. Smith at Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, Colorado 80202-4437 Phone: 303-223-1100 E-mail: wforman@bhfs. com; msmith@bhfs.com 2. Purpose of Application.

In alignment with the Colorado Water Plan’s intent of enhancing intergovernmental collaboration and developing efficient regional water supply projects, Applicants seek to collaborate to enable the Authority members—currently the Town of Bennett (“Bennett”) and Todd Creek Village Metropolitan District (“Todd Creek”)—to develop a regional water project (the “Water Project”) to increase their renewable water supplies to serve their current and future residents and customers, and for SPCo to supply industrial and agricultural water within and outside the members’ current and future service areas until all of the subject appropriations are needed and acquired for municipal purposes by the Authority members. The Town of Bennett is currently reliant upon nonrenewable Denver Basin groundwater and the Water Project is critical to the Town’s development of a renewable water supply. Todd Creek has been in discussions with Northern Front Range water suppliers and municipalities and anticipates expanding its service area to supply water to additional areas within Adams and Weld counties. Applicants contemplate that SPCo will be primarily responsible for financing, designing, constructing and, through a subsidiary, operating the Water Project to allow the exercise of the subject appropriations. The funding for the Water Project will be obtained from the Authority members as well as from private lenders. It is anticipated that the Water Project will be constructed in phases to correspond with the increasing demands of the Authority members.

This is particularly beneficial to the members, who

are modest-sized governmental entities with limited financial ability to fund initially all of the major water infrastructure required to provide renewable supplies for current demand and future growth.

The members’ collaboration with each other, and with SPCo, will allow the members to participate in this regional Water Project while initially funding only a portion of the overall project costs. The members will then pay for the Water Project over time and will have an opportunity in the future to secure additional capacities in the water infrastructure as their growth projections warrant. Applicants seek to adjudicate conditional surface water rights and storage water rights with the goal of maximizing the yield of junior priority water rights through additional storage capacity, efficient infrastructure, and integration with the Applicants’ existing infrastructure and water rights. The overall concept of the Water Project is to divert junior priority water for direct use and/or storage in several reservoirs to be constructed over time.

Water stored in up-system reservoirs may be piped to reservoirs further down in the system to coordinate reservoir operations with water demands.

Water stored in Bennett Reservoir and Mann Lakes Reservoir may be moved between reservoirs via a bi-directional pipeline to maximize drought resiliency. The components of this application are: (1) diversion of water from the South Platte River in Morgan County for delivery via pipeline for direct use and storage; (2) delivery of South Platte River water via pumps and pipelines into storage in GB-1 Reservoir, which will be either a surface reservoir or a surface and underground porosity reservoir, and in Beaver Creek Surface Reservoir, Sand Arroyo Reservoir, Bennett Reservoir, and Mann Lakes Reservoir, four surface reservoirs; (3) delivery of South Platte River water via pumps and pipelines into storage in the Beaver Creek Porosity Reservoir, an underground storage reservoir; and (4) the release of diverted water back into the South Platte River in Adams County for use and subsequent re-diversion at downstream surface diversions TCVS-01, TCVS-02, and WSP-1 through -11 to be used for direct flow purposes and storage in the to-be-constructed Signal Reservoir Nos. 3 and 4 and Todd Creek’s existing storage structures, which include Mann Lakes Reservoir, J.B. Smith Reservoir, and Signal Reservoir Nos. 1 and 2. A general overview of the Water Project is depicted on Exhibit A and an operational schematic is included on Exhibit B. 3.

Claim for Conditional Surface Water Rights. 3.1 Names of Structures: SP Diversions. 3.1.1 Legal Description: Applicants will construct one or more alternate points of diversion to be located on the east bank of the South Platte River in Section 24 and/or Section 13, T.5N., R.55W., of the 6th P.M. in Morgan County, Colorado The map attached hereto as Exhibit C depicts the reach within the above-described sections where the diversion structures are proposed to be constructed. The specific locations of the structures will be chosen upon a more detailed assessment of hydrology and geomorphology. 3.1.2Source: South Platte River. 3.1.3 Date of Appropriation: December 31, 2020. 3.1.4 How Appropriation Was Initiated: By the formation of an intent to appropriate, together with overt acts manifesting that intent including but not limited to conducting site investigations, negotiating with the owners of the described points of diversion, studying the feasibility of the Water Project, forming the Authority, entering into the co-applicant agreement, negotiating and drafting agreements to construct and finance the water infrastructure necessary to put the subject water rights to beneficial use, and the filing of this application. 3.1.5 Dated Applied to Beneficial Use: N/A – Conditional Right. 3.1.6 Amount Claimed: 200 c.f.s. cumulative, conditional, to be diverted at the SP Diversions described in Paragraph 3.1.1 as alternate points of diversion. Applicants will provide exact descriptions of the points of diversion in subsequent applications for diligence or to make the right absolute. 3.1.7 Uses: All municipal purposes, including without limitation water treatment, treated water storage, domestic uses, fire protection, irrigation, commercial and industrial uses, recreational purposes, drought protection purposes, and fish and wildlife propagation, agricultural uses (including but not limited to livestock watering), industrial uses for mineral development, storage, and exchange and augmentation purposes, for use, reuse, and successive use until extinction. The location of use will be any area capable of being served by these diversion and storage points or any area within the existing or future service areas of Authority members located in Adams, Arapahoe, and Weld counties and any area in which Authority members contract to provide treated or raw water service, including but not limited to Adams, Arapahoe, Boulder, Morgan, and Weld counties. These uses will be made: (1) by direct use following diversion at the SP Diversions described in Paragraph 3.1.1 and delivery by pipeline to Bennett (via Bennett Reservoir) or to points of re-diversion described in Paragraph 3.1.7.2; (2) after storage, including successive storage, in the new reservoirs described below in Paragraphs 4 and 5 and/or the existing Mann Lakes, J.B. Smith, and Signal Reservoir Nos. 1 and 2 described below (which, other than direct delivery into Mann Lakes, will be accomplished by release into and re-diversion from the South Platte River at the locations described in Paragraphs 3.1.7.1 and 3.1.7.2); or (3) after storage in Mann Lakes Reservoir and delivery via pipeline to the Town of Bennett (via Bennett Reservoir). 3.1.7.1 Release Points: 3.1.7.1.1 BennT Creek Release Point: A point in the SE1/4 of the NE1/4 of Section 34, T.1S., R.67W., of the 6th P.M., 2,187 feet from the North Section Line and 510 feet from the East Section Line of said Section 34, in Adams County, Colorado, as shown in Exhibits D and E. 3.1.7.1.2 Mann Lakes Reservoir: Mann Lakes is located in Section 34 and the SE1/4 of Section 33, all in Township 1 South, Range 67 West of the 6th P.M., in Adams County, Colorado. The outlet for Mann Lakes is located in SE1/4 of the NE1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M. at a point approximately 2,392 feet from the North Section line and 1,049 feet from the East Section line of said Section 34 as shown in Exhibits D and E. 3.1.7.2 Downstream Re-Diversion Points (see Exhibit E): 3.1.7.2.1 TCVS-01: A point in the NE1/4 of the SE1/4 of Section 1, Township 1 South, Range 67 West, of the 6th P.M., 1,704 feet from the South Section Line and 496 feet from the East Section Line of said Section 1, in Adams County, Colorado.

3.1.7.2.2 TCVS-02: A point in the NE1/4 of the SE1/4 of Section 1, Township1 South, Range 67 West, of the 6th P.M., 1,802 feet from the South Section Line and 471 ft from the East Section Line of said Section 1, in Adams County, Colorado.

3.1.7.2.3 WSP-1: A point in the SW1/4 of the SW1/4 of Section 19, T.1N., R.66W., of the 6th P.M., 85 feet from the South Section Line and 1,118 feet from the West Section Line of said Section 19, in Weld County, Colorado. 3.1.7.2.4

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The Herald 23

1January 21, 2021

Public Notices WSP-2: A point in the SE1/4 of the SW1/4 of Section 30, T.1N., R.66W., of the 6th P.M., 592 feet from the South Section Line and 1,875 feet from the West Section Line of said Section 30, in Weld County, Colorado. 3.1.7.2.5 WSP-3: A point in the NE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 723 feet from the North Section Line and 1,886 feet from the West Section Line of said Section 31, in Weld County, Colorado.

3.1.7.2.6 WSP-4: A point in the SE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 1,979 feet from the North Section Line and 2,021 feet from the West Section Line of said Section 31, in Weld County, Colorado. 3.1.7.2.7 WSP-5: A point in the NE1/4 of the SE1/4 of Section 1, T.1S., R.67W., of the 6th P.M., 1,754 feet from the South Section Line and 560 feet from the East Section Line of said Section 1, in Adams County, Colorado.

3.1.7.2.8 WSP-6: A point in the SW1/4 of the NW1/4 of Section 12, T.1S., R.67W., of the 6th P.M., 2,535 feet from the North Section Line and 1,005 feet from the West Section Line of said Section 12, in Adams County, Colorado. 3.1.7.2.9 WSP-7: A point in the NW1/4 of the SW1/4 of Section 12, T.1S., R.67W., of the 6th P.M., 1,420 feet from the South Section Line and 135 feet from the West Section Line of said Section 12, in Adams County, Colorado. 3.1.7.2.10 WSP-8: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,760 feet from the South Section Line and 1,634 feet from the West Section Line of said Section 23, in Adams County, Colorado. 3.1.7.2.11 WSP-9: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,544 feet from the South Section Line and 1,557 feet from the West Section Line of said Section 23, in Adams County, Colorado.

3.1.7.2.12 WSP-10: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,457 feet from the South Section Line and 1,780 feet from the West Section Line of said Section 23, in Adams County, Colorado.

3.1.7.2.13 WSP-11: A point in the SW1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 50 feet from the South Section Line and 1,310 feet from the West Section Line of said Section 23, in Adams County, Colorado. 3.1.7.3 Places of Subsequent Storage after Re-Diversion (see Exhibit E): 3.1.7.3.1 J.B. Smith Reservoir: The center of the dam is located in the NE1/4 SW1/4 of Section 9, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,559 feet from the South Section line and 2,584 feet from the West Section line of said Section 9, in Adams County, Colorado. 3.1.7.3.2 Signal Reservoir No. 1: The center of the dam is located in the NE1/4 NW1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 565 feet from the North Section line and 1,474 feet from the West Section line of said Section 4, , in Adams County, Colorado.

3.1.7.3.3 Signal Reservoir No. 2: The center of the dam is located in the SW1/4 NE1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,493 feet from the North Section line and 2,190 feet from the East Section line of said Section 4, in Adams County, Colorado. 3.1.7.3.4 S i g n a l Reservoir No. 3: The centroid of the reservoir is located at a point in the SE1/4 of the NE1/4 of Section 4, T.1S., R.67W., of the 6th P.M., 1,238 feet from the North Section Line and 1,179 feet from the East Section Line of said Section 4, in Adams County, Colorado. 3.1.7.3.5 Signal Reservoir No. 4: The centroid of the reservoir is located at a point in the NE1/4 of the SW1/4 of Section 34, T.1N., R.67W., of the 6th P.M., 1,395 feet from the South Section Line and 2,483 feet from the West Section Line of said Section 34, in Weld County, Colorado. 4. Claim for Conditional Storage Rights. 4.1 GB-1 Reservoir 4.1.1 Location: An off-channel, excavated and lined surface reservoir, or an off-channel, excavated and lined surface reservoir and porosity storage reservoir, the centroid of which is located at a point in the SE1/4 of the SE1/4 of Section 13, T.5N., R.55W., of the 6th P.M., 913 feet from the South Section Line and 371 feet from the East Section Line of said Section 13, in Morgan and Washington Counties, Colorado. See map attached as Exhibit F. 4.1.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. 4.1.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 4.1.4 Date of Appropriation: December 31, 2020. 4.1.5 How Appropriation was Initiated: See Paragraph 3.1.4. 4.1.6 Dated Applied to Beneficial Use: N/A – Conditional Right.

4.1.7 Amount Claimed: 9,520 acre-feet, subject to the actual site-specific storage space available but not to exceed 130% of this claimed amount, conditional, with a right to successively refill.

4.1.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after storage and delivery via pumps and pipeline to Beaver Creek Surface Reservoir, Sand Arroyo Reservoir, Bennett Reservoir, Mann Lakes Reservoir, or Beaver Creek Porosity Reservoir as described in Paragraphs 4 and 5 for subsequent use; or (3) after storage and release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3.

4.1.9 Surface Area of High Water Line: Approximately 560 acres. 4.1.10 Dam Height: N/A – Excavated Reservoir. 4.1.11 Length of Dam: N/A – Excavated Reservoir. 4.1.12 Total Capacity: 9,520 acre-feet, up to a maximum of 12,376 acre-feet.

4.1.13 Remarks: The GB-1 Reservoir will consist of either surface storage or surface and porosity storage to be located on approximately 560 acres.

If the GB-1 Reservoir utilizes porosity storage, it will be located in alluvial aquifer material of depths averaging approximately 85 feet, surrounded by a man-made impermeable barrier keyed to bedrock. The impermeable barrier will encompass the entirety of the GB-1 Reservoir. Applicants will fill the underground storage reservoir by artificial means with water diverted under the subject appropriations, as well as other water to which the Applicants acquire rights. Applicants do not claim the groundwater in situ prior to installation of the impermeable barrier, which will be quantified and delivered to the river in time, location, and amount through direct discharge, after consultation with and approval of the Division Engineer. Applicants will remove water from storage in the GB-1 Reservoir via dewatering wells located inside the perimeter of the impermeable barrier and connected to one or more pipelines that release water to other structures or to the South Platte River, as described in this application. None of the dewatering wells have been constructed and Applicants have not yet filed well permit applications for any of the wells at this time. None of the wells will be located in a designated basin, will divert non-tributary water, or will be required to be permitted pursuant to C.R.S. § 37-90-137(4). The current configuration depicted on Exhibit F is based upon

currently-available data and mapping and is subject to change. Applicants reserve the right to enlarge the storage structure based on additional data and surveys. 4.2 Beaver Creek Surface Reservoir 4.2.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in SE1/4 of the NE1/4 of Section 16, T.2N., R.56W., of the 6th P.M., 2,290 feet from the North Section Line, 936 feet from the East Section Line of said Section 16, in Morgan County, Colorado. See map attached as Exhibit G. 4.2.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. 4.2.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 4.2.4 Date of Appropriation: December 31, 2020. 4.2.5 How Appropriation was Initiated: See Paragraph 3.1.4. 4.2.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.2.7 Amount Claimed: 80,900 acre-feet, subject to the actual site-specific storage space available but not to exceed 130% of this claimed amount, conditional, with a right to refill. 4.2.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after storage and delivery via pumps and pipeline to Sand Arroyo Reservoir, Bennett Reservoir, Mann Lakes Reservoir, or Beaver Creek Porosity Reservoir as described in Paragraphs 4 and 5 for subsequent use; or (3) after storage and release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3. 4.2.9 Surface Area of High Water Line: Approximately 1,000 acres.

4.2.10 Dam Height: N/A – Excavated Reservoir.

4.2.11 Length of Dam: N/A – Excavated Reservoir.

4.2.12 Total Capacity: 80,900 acre-feet, up to a maximum of 105,170 acre-feet. 4.2.13 R e marks: Water may also be delivered to and stored in Beaver Creek Surface Reservoir after release from storage in the structures described in Paragraphs 4.1 and 5.1. 4.3 Sand Arroyo Reservoir 4.3.1 Location: An on-channel reservoir, of which the center of the dam is located at a point in the SE1/4 of the NW1/4 Section 16, T.1.N., R.58W., of the 6th P.M., 1,809 feet from the North Section Line, 1,905 feet from the West Section Line, of said Section 16, in Morgan County, Colorado. See Exhibit H. 4.3.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above.

4.3.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline, and native tributary inflow. The maximum rates of diversion through the SP Diversions to storage and for direct flow combined are described in Paragraph 3.1.6.

4.3.4 Date of Appropriation: December 31, 2020.

4.3.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.3.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.3.7 Amount Claimed: 22,400 acre-feet, conditional, with a right to refill. 4.3.8 Uses: See Paragraph 3.1.7.

These uses will be made: (1) after storage, (2) after storage and delivery via pumps and pipeline to Bennett Reservoir and Mann Lakes Reservoir, as described in Paragraph 4 for subsequent use; or (3) after storage and release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3.

4.3.9 Surface Area of High Water Line: Approximately 411 acres. 4.3.10 D a m Height: Approximately 51 feet. 4.3.11 Length of Dam: Approximately 3,800 feet. 4.3.12 Total Capacity: 22,400 acre-feet. 4.3.13 Remarks: Water may also be delivered to and stored in Sand Arroyo Reservoir after release from storage in the structures described in Paragraphs 4.1 – 4.2 and 5.1. 4.4 Bennett Reservoir 4.4.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in the SW1/4 of the SW1/4 Section 36, T.1.S., R.63W., of the 6th P.M., 513 feet from the South Section Line, 1,245 feet from the West Section Line, of said Section 36, in Adams County, Colorado. See Exhibit I. 4.4.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above.

4.4.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline directly to Bennett Reservoir. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6.

4.4.4 Date of Appropriation: December 31, 2020.

4.4.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.4.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.4.7 Amount Claimed: 300 acre-feet, conditional, with a right to successively refill. 4.4.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage in Bennett Reservoir; or (2) after storage and delivery via pumps and pipeline to Mann Lakes Reservoir, as described in Paragraph 4 for subsequent use. 4.4.9 Surface Area of High Water Line: Approximately 20 acres. 4.4.10 Dam Height: N/A – Excavated Reservoir. 4.4.11 Length of Dam: N/A – Excavated Reservoir. 4.4.12 To t a l Capacity: 300 acre-feet. 4.4.13 Remarks: Water may also be delivered to and stored in Bennett Reservoir after release from storage in the structures described in Paragraphs 4.1 – 4.3, 4.7, and 5.1. 4.5 Signal Reservoir No. 3 4.5.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in the SE1/4 of the NE1/4 of Section 4, T.1S., R.67W., of the 6th P.M., 1,238 feet from the North Section Line and 1,179 feet from the East Section Line of said Section 4, in Adams County, Colorado. See Exhibit E. 4.5.2 Points of Diversion: 4.5.2.1 SP Diversions: As described in Paragraph 3.1.1 and at the rates specified in Paragraph 3.1.6. 4.5.2.2 TCVS-01 and TCVS-02: As described in Paragraphs 3.1.7.2.1 and 3.1.7.2.2 at a maximum rate of diversion of 80 c.f.s. cumulative. 4.5.2.3 WSP-1 and WSP-4: As described in Paragraphs 3.1.7.2.3 and 3.1.7.2.6 at a maximum rate of diversion of 40 c.f.s. each and 80 c.f.s., cumulative, as alternate points of diversion. 4.5.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline to the South Platte River at the release points specified in Paragraph 3.1.7.1 and re-diverted at TCVS-01, TCVS-02, WSP-1, and WSP-4 described in Paragraphs 3.1.7.2.1-3.1.7.3 and 3.1.7.2.6. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 4.5.2. 4.5.4 Date of Appropriation: December 31, 2020. 4.5.5 How Appropriation was initiated: See Paragraph 3.1.4.

4.5.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.5.7 Amount Claimed: 1,970 acre-feet, conditional, with a right to successively refill. 4.5.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after

conveyance to, storage in, and release from yetto-be constructed storage structures located in Weld County to serve an expanded service area; or (3) after release to the South Platte River at the point specified below in Paragraph 4.5.8.1 and re-diversion at points of diversion WSP-1 through WSP-5 described in Paragraph 3.1.7.2. 4.5.8.1 Release Point to South Platte River: At point located in the NE1/4 of the SE1/4 Section 1, Township 1 South, Range 67 West, 1,530 feet from the South Section line, 500 feet from the East Section line. 4.5.9 Surface Area of High Water Line: Approximately 58 acres. 4.5.10 Dam Height: N/A – Excavated Reservoir. 4.5.11 Length of Dam: N/A – Excavated Reservoir. 4.5.12 Total Capacity: 1,970 acre-feet. 4.5.13 Remarks: Water may also be delivered to and stored in Signal Reservoir No. 3 after release from storage in the structures described in Paragraphs 4.1 – 4.3, 4.7, and 5.1.

4.6 Signal Reservoir No. 4 4.6.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in the NE1/4 of the SW1/4 of Section 34, T.1N., R.67W., of the 6th P.M., 1,395 feet from the South Section Line and 2,483 feet from the West Section Line of said Section 34, in Weld County, Colorado. See Exhibit E. 4.6.2 Points of Diversion: See Paragraph 4.5.2. 4.6.3 Source: See Paragraph 4.5.3. 4.6.4 Date of Appropriation: December 31, 2020. 4.6.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.6.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.6.7 Amount Claimed: 4,824 acre-feet, conditional, with a right to successively refill. 4.6.8 Uses: See Paragraph 4.5.8. 4.6.9 Surface Area of High Water Line: Approximately 143 acres. 4.6.10 Dam Height: N/A – Excavated Reservoir. 4.6.11 Length of Dam: N/A – Excavated Reservoir. 4.6.12 Total Capacity: 4,824 acre-feet. 4.6.13 Remarks: Water may also be delivered to and stored in Signal Reservoir No. 4 after release from storage in the structures described in Paragraphs 4.1 – 4.3, 4.7, and 5.1. 4.7 Mann Lakes Reservoir 4.7.1 Location: See Paragraph 3.1.7.1.2. 4.7.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 and at the rates specified in Paragraph 3.1.6, delivered via pumps and pipeline to Mann Lakes at the point specified in Paragraph 3.1.7.1.2. 4.7.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline directly to Mann Lakes Reservoir. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6.

4.7.4 Date of Appropriation: December 31, 2020.

4.7.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.7.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.7.7 Amount Claimed: 3,741 acre-feet, conditional, with a right to successively refill. 4.7.8 Uses: See Paragraph 4.5.8. The aforementioned uses will be made: (1) after direct delivery into storage; (2) after storage and delivery via pumps and pipeline to Bennett Reservoir; or (3) after release to the South Platte River at the point specified in Paragraph 3.1.7.1.2 and re-diversion at points of diversion TCVS-01, TCVS-02, and WSP-1 through WSP-11 described in Paragraph 3.1.7.2. 4.7.9 Surface Area of High Water Line: Approximately 160 acres (45 acres in Mann Lake No. 1, 59 acres in Mann Lake No. 2, 56 acres in Mann Lake No. 3). 4.7.10 D a m Height: N/A – Excavated Reservoir. 4.7.11 Length of Dam: N/A – Excavated Reservoir. 4.7.12 Total Capacity: 3,741 acre-feet. 4.7.13 Remarks: Water may also be delivered to and stored in Mann Lakes Reservoir after release from storage in the structures described in Paragraphs 4.1 – 4.4 and 5.1.

5. Claim for Conditional Porosity Storage Rights.

5.1 Beaver Creek Porosity Reservoir 5.1.1 Location: The centroid of the facility is located at a point in SE1/4 of the NE1/4 of Section 16, T.2N., R.56W., of the 6th P.M., 2,290 feet from the North Section Line, 936 feet from the East Section Line of said Section 16, in Morgan County, Colorado. See Exhibit G. 5.1.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. The maximum rates of diversion through these structures to storage and for direct flow combined are described above in Paragraph 3.1.6. 5.1.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline directly to Beaver Creek Porosity Reservoir. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6.

5.1.4 Date of Appropriation: December 31, 2020.

5.1.5 How Appropriation was initiated: See Paragraph 3.1.4. 5.1.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 5.1.7 Amount Claimed: 81,216 acre-feet, subject to the actual site-specific storage space available but not to exceed 130% of this claimed amount, conditional.

5.1.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage and delivery via pumps and pipeline to Beaver Creek Surface Reservoir, Sand Arroyo Reservoir, Bennett Reservoir, and Mann Lakes Reservoir, as described in Paragraph 4, for subsequent use; or (2) after release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3. 5.1.9 Surface Area of High Water Line: Approximately 5,076 acres. 5.1.10 Dam Height: N/A – Underground Reservoir.

5.1.11 Length of Dam: N/A – Underground Reservoir. 5.1.12 Total Capacity: 81,216 acre-feet, up to a maximum of 105,581 acre-feet. 5.1.13 Remarks: Water may also be delivered to and stored in Beaver Creek Porosity Reservoir after release from storage in the structures described in Paragraphs 4.1 and 4.2. The Beaver Creek Porosity Reservoir is to be located on approximately 5,076 acres of alluvial aquifer material of depths averaging approximately 80 feet, surrounded by a man-made impermeable barrier keyed to bedrock. The barrier will encompass both the Beaver Creek Surface Reservoir and the Beaver Creek Porosity Reservoir, and the two structures will be partitioned by a separate barrier.

Applicants will fill the underground storage reservoir by artificial means with water diverted under the subject appropriations, as well as other water to which the Applicants acquire rights. Applicants do not claim the groundwater in situ prior to installation of the impermeable barrier, which will be quantified and delivered to the river in time, location, and amount through direct discharge, after consultation with and approval of the Division Engineer. Applicants will remove water from storage in the Beaver Creek Porosity Reservoir via dewatering wells located inside the perimeter of the impermeable barrier and connected to one or more pipelines that release water to other structures or to the South Platte River, as described in Paragraph 5.1.8. None of the dewatering wells have been constructed and Applicants have not yet filed well permit applications for any of the wells at this time. None of the wells will be located in a designated basin, will divert non-tributary water,

or will be required to be permitted pursuant to C.R.S. § 37-90-137(4). The current configuration depicted on Exhibit G is based upon currentlyavailable data and mapping and is subject to change. Applicants reserve the right to enlarge the storage structure based on additional data and surveys. 6. Name and Address of Owners or Reputed Owners of the Land Upon Which Any New or Existing Diversion or Storage Structure, or Modification Thereof, Is or Will Be Located: 6.1 State of Colorado Board of Land Commissioners 1313 Sherman St, Rm 620 Denver, CO 80203 6.2 Randy Fiscus and Lynn Dilley PO Box 803 Brush, CO 80723 6.3 Kamp Cattle Company c/o Norma Beamer PO Box 395 Eaton, CO 80615 6.4 Weitzel Land LLC 28271 Co Rd L Brush, CO 80723 6.5 Prairie Sands Farm LLC 8503 HWY 71 Brush, CO 80723 6.6 Leo D- L E August c/o Patrick J Gebauer 15488 Co Rd 57 Hillrose, CO 80733 6.7 Stephen & Joann Cecil PO Box 102 Fort Morgan, CO 80701 6.8 Patrick J Gebauer 15488 Co Rd 57 Hillrose, CO 80733 6.9 Gary A Branberg PO Box 231 Brush, CO 80723 6.10 Morgan County REA PO Box 738 Fort Morgan, CO 80701 6.11 State of Colorado 1525 Sherman St 2nd Floor Denver, CO 80203-1714 6.12 Dennis D & Connie S Hawes 14998 Co Rd B Fort Morgan, CO 80701 6.13 Ronny D & Barbara K Hawes 719 Sherman St Fort Morgan, CO 80701 6.14 Linnebur Grain & Buffalo LLLP 74600 HWY 36 Byers, CO 80103 6.15 Dixie Water LLC 400 Poydras St, Ste 2100 New Orleans, LA 70130 6.16 State of Colorado Dept of Nat Res, Division of Wildlife 122 E Edison St Brush, CO 80723 6.17 State of Colorado Dept of Nat Res, Division of Wildlife 6060 Broadway Denver, CO 80216 6.18 Adams County 4430 South Adams County Parkway Brighton, CO 80601 6.19 Robert L Seltzer Family Trust 33641 County Road 83 Briggsdale, CO 80611-7808 6.20 Martin Marietta Materials, Inc. c/o Baden Tax Management P.O. Box 8040 Fort Wayne, IN 46898-8040 6.21 CAMAS Colorado Inc. c/o Aggregate Industries-WCR Inc. 1687 Cole Blvd., Ste. 300 Golden, CO 80401-3318 6.22 Denis B. Clanahan Trustee 1837 S. Bellaire St., Ste. 1401 Denver, CO 80222-4359 6.23 A g g regate Industries-WCR Inc. 1687 Cole Blvd., Ste. 300 Golden, CO 80401-3318 6.24 Asphalt Specialties Co. Inc. 10100 Dallas Street Henderson, CO 80640 6.25 City of Brighton 500 S 4th Ave Brighton, CO 80601-3165 6.26 City of Aurora 15151 E Alameda Parkway 5th Floor Aurora, CO 80012 6.27 Adams County Attn: Kurt Carlson 9755 Henderson Road Brighton, CO 80601 6.28 South Adams County Water and Sanitation District Attn: Kip Scott 6595 East 70th Avenue P.O. Box 597 Commerce City, Colorado 80037 6.29 New Brantner Extension Ditch Company c/o Brice Steele, Esq. 25 South 4th Avenue Brighton, CO 80601 6.30 The Brantner Ditch Company c/o Marc Pedrucci, Secretary 9755 Henderson Road Brighton, CO 80601 6.31 E-470 Highway Authority 22470 Stephen D. Hogan Parkway #110 Aurora, CO 80018 WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www. courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No. 300885 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald

Public Notice NOTICE TO CREDITORS Estate of Dorothy June Terry, aka Dorothy J. Terry, aka Dorothy Terry, Deceased Case Number: 2020 PR 31331

All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Arapahoe County, Colorado on or before May 14, 2021, or the claims may be forever barred.

Lance W. Terry, Personal Representative c/o Katz, Look & Onorato, P.C. 1120 Lincoln Street, Suite 1100 Denver, Colorado 80203 Legal Notice No. 300881 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Kevin Michael Sharkey, a/k/a Kevin M. Sharkey, and Kevin Sharkey, Deceased Case Number: 2021PR30016

All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Arapahoe County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Arthur J. Sharkey, Personal Representative c/o Law Office of Byron K. Hammond, LLC 4500 Cherry Creek Drive South, Suite 960 Denver, CO 80246 Legal Notice No. 300887 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of ROBERT MILTON CHRISTIANSEN, a/k/a ROBERT M. CHRISTIANSEN, a/k/a ROBERT CHRISTIANSEN, Deceased Case Number: 2020PR31121

All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Arapahoe County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Eric Christiansen, Personal Representative c/o Carl H. Hutchins, Esq. Hutchins & Associates LLC 1999 Broadway, Suite 1400 Denver, Colorado 80202 Legal Notice No. 300891 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Georgia Lois Burnett, also known as Georgia L. Burnett, aka Georgia Burnett, aka G. Lois Burnett, aka G. Burnett, aka G. L. Burnett, aka Lois Burnett, and as Nee Pierson, Deceased Case Number: 2020PR31229

All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Arapahoe County, Colorado on or before May 7, 2021, or the claims may be forever barred.

Laura Carol Burnett Co-Personal Representative 1545 Kettner Blvd.

San Diego, CA 92101

Notice to Creditors PUBLIC NOTICE NOTICE TO CREDITORS Estate of Lester Gill, aka Lester Harold Gill, aka Lester Harold Gill, Jr., aka Lester H. Gill, aka Lester H. Gill, Jr, aka Les Gill, aka Les H. Gill, aka Lester Gill, Jr. Deceased Case Number: 2020 PR 31109 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 14th, 2021, or the claims may be forever barred.

Carol Therrien, Personal Representative 16645 Sagecreek Road Peyton, Colorado 80831 Legal Notice No. 300880 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Jean Wong Edwards, Deceased Case Number: 20PR443 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Arapahoe County, Colorado on or before May 25, 2021, or the claims may be forever barred.

Harmon S. Graves Attorney to the Personal Representative 1950 West Littleton Blvd., Suite 113 Littleton, CO 80120

Daniel Arthur Burnett Co-Personal Representative 47 Legend Circle Dillon, CO 80443 Legal Notice No. 300872 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Allen Tate Goss, aka Allen T. Goss, aka Allen Goss, aka Tate Goss, Deceased Case Number: 2020 PR 31347

All persons having claims against the abovenamed estate are required to present them to the personal representative or to District Court of Arapahoe County, Colorado or on or before May 7, 2021, or the claims may be forever barred.

Consuelo Renteria Goss, Personal Representative c/o Katz, Look & Onorato, P.C. 1120 Lincoln Street, Suite 1100 Denver, CO 80203 Legal Notice No. 300871 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: The Englewood Herald

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We are community.

Legal Notice No. 300886 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: The Englewood Herald Your Community Connector to Boundless Rewards

Englewood Herald Legals 1.21.21 * 4

24 The Herald

January 21, 2021

Welcome Back!

Celebrate the return of dining in with our new three course menu.

Open for dine in service starting

January 20th.

A TASTE

of TRUE COLORADO

27376 Spruce Lane, Evergreen, Colorado 80439

www.TheBistroAtMarshdale.com

Reservations Recommended | 303-674-7670 NEW HOURS: Wednesday – Monday 5pm – 9pm (no Sunday Brunch)